Health Arx Technologies Pvt. Ltd. (the Company) is the author and publisher of the mobile/tablet application BeatO (Application). The Company owns and operates the services provided by the Application.
This Agreement defines the terms and conditions under which you are allowed to use the Application and describes the manner in which we shall treat your account and the information associated with it while you are registered as an End-User (as defined below) with us. IF YOU DO NOT UNDERSTAND THIS AGREEMENT, OR DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MAY NOT USE THE SERVICES.
The Company reserves the right to modify or terminate any portion of the Agreement for any reason and at any time, and such modifications shall be informed to you in writing. It is your responsibility to review this Agreement periodically. Your use of the Application following any such modification constitutes your agreement to follow and be bound by the Agreement so modified. Any additional terms and conditions, disclaimers, privacy policies and other policies applicable in general and/ or to specific areas of this Application or to particular Service are also considered as part of the Agreement.
This Agreement applies to you whether you are:
A patient, his/her representatives or affiliates, registered with the Application (End-User, you or User); and/or any other use of the Application; and your should be construed accordingly.
This Agreement applies to all the services made available by the Company on the Application (Services) including but not limited to the following:
The Services may change from time to time, at the sole discretion of the Company, and the Company reserves the right to modify the Services without prior intimation or consent of the End-Users.
The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:
You must be 18 years of age or older to register, use the Services, or visit or use the Application in any manner. By registering, visiting and using the Application or accepting this Agreement, you represent and warrant to the Company that you are 18 years of age or older, and that you have the right, authority and capacity to use the Application and the Services available through the Application, and agree to and abide by this Agreement.
To fully avail the services of the Application, you must download it from the Google Playstore App or an Apple App Store and verify your phone number.
Without limitation to the foregoing, in the event you are barred from undertaking legally binding obligations under the Indian Contract Act, 1872, or are for any reason, unable to provide Consent as per the SPDI Rules, you are not eligible to register for, use or avail the services available on the Application.
Your use of the Application is under a license from us. Your license to use the Application is personal, revocable, non-assignable and non-exclusive. You, therefore may not use the Application for any commercial purpose.
The End-User shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
You are responsible for each mobile/tablet you use to access the Application, including maintaining properly running compatible updated software, a suitable internet connection, and an appropriate firewall and virus scanning software. The company will not be liable for your failure to update or use the Application in the appropriate manner.
Our Application run on specific versions of third party operating systems and browser software for your computer or Smart Device (Platform Software). When the third party provider issues an update to Platform Software, we will require additional time to provide a compatible update to the Application. If you update Platform Software prior to our making available an appropriate update to the Application, it is possible that you may no longer be able to use the Application, or the Application may not properly function.
The Company may use such information collected from the End-User from time to time for the purposes of debugging and customer support related issues.
The Company provides the Services for informational purposes only. Your use of the Services is only to aid you to monitor your lifestyle choices including your food habits, your routine daily activities, your blood glucose, your prescriptions and your diagnostic test results to facilitate you in managing your Diabetes. The Services do not contain or constitute, and should in any manner not be interpreted as, medical advice or opinion. The Company does not provide medical services or render medical advice. The Services are not a substitute for the advice of a medical professional, and the information made available on or through the Services should not be relied upon when making medical decisions, or to diagnose or treat a medical or health condition including but not limited to diabetes. If you require medical advice or services, you should consult a medical professional. Your use of the Services does not create a doctor-patient relationship between you and the Company.
The Services are not intended to be a substitute for emergency healthcare or the advice of a medical professional. If you are an End-User facing a medical emergency (either on your or another person's behalf), please contact an ambulance service or hospital.
Without limiting the generality of the above, the Health Tips provided to the End-User on his/her use of the Application do not constitute medical advice or opinion. The Health tips algorithm is a fully automated system of tips and suggestions based on general nutritional and health information provided by you and are not a substitute for medical advice or opinion. It is advisable that the End-User should check with a medical professional before following any of the Health Tips. Under no circumstances will the Company be responsible for any loss, damage or injury resulting from the End-User's reliance on the Health Tip. The End-User is solely responsible for relying on the Health Tips and must follow their own discretion while using this service.
The Application is merely a platform acting as an intermediary that provides services to parties including the End-User in association with the doctors/hospitals and the Partnered Laboratories. The End-Users understand and agree that any interactions and associated issues with other End-Users and/or the Partnered Laboratories including but not limited to health and medical issues is strictly between you and the other party. You shall not hold the Company responsible for any such interactions and associated issues. For avoidance of doubt, please note that the Company is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any outcome of the interactions between the End-User, the hospital/ doctor and the Partnered Laboratory.
Certain features, aspects, products and services offered through the Services are provided, in whole or in part, by third parties, affiliates and business partners (Third-Party Services as provided by Third-Party Service Providers), including but not limited the service of Partnered Laboratories, Partnered Pharmacies and hospitals/doctors listed on the Application. In order to use Third-Party Services, you may be required to enter into additional terms and conditions with Third-Party Service Providers. If you do not understand or do not agree to be bound by those additional terms and conditions, you may not use the related Third-Party Services. In the event of any inconsistency between terms and conditions relating to Third-Party Services and the terms and conditions of this Agreement, those additional terms and conditions will control, although only with respect to such Third-Party Services. In the event that you choose to avail any such Third-Party Services, you will be absolutely and solely responsible for your interactions with such Third-Party Service Providers and the Company shall not be liable for any shortcomings or deficiency of service by such Third-Party Service Providers. If you select and allow a particular Third-Party Service Provider to access your User Information, the Company has no further control or responsibility regarding the information so shared. The Company hereby disclaims all responsibility and liability for any of your information collected directly or used by Third-Party Service Provider. The Company further disclaims all responsibility and liability for any content provided by the Third-Party Service Provider to you through the Application or in any other manner. For avoidance of doubt, the Company does not make any representation or warranty about the content, accuracy, validity, reliability, quality of any Third-Party Services.
Provided that nothing in these Terms will be construed as enhancing the scope of the Services, the liability or the obligations of the Company.
Without prejudice to the generality of the above, the Company will not be liable for:
If the End-User decides to use the services of a Partnered Laboratory through the use of the Application, the End-User does so at his/her own risk. You understand that services provided by the Partnered Laboratories shall be construed as Third-Party Services. The results of any search performed on the Application for laboratories should not be construed as an endorsement by the Company of any such particular Partnered Laboratory. The Company shall not be responsible for any breach of service or service deficiency by any Partnered Laboratory. The Company neither assures nor guarantees the ability or intent of the Partnered Laboratory to fulfill their obligations towards the End-User.
Without prejudice to the generality of the above, the Company will not be liable for:
If the End-User decides to use the services of a Partnered Pharmacy through the use of the Application, the End-User does so at his/her own risk. You understand that services provided by the Partnered Pharmacies shall be construed as Third-Party Services. The results of any search performed on the Application for pharmacies should not be construed as an endorsement by the Company of any such particular Partnered Pharmacy. The Company shall not be responsible for any breach of service or service deficiency by any Partnered Pharmacy. The Company neither assures nor guarantees the ability or intent of the Partnered Pharmacy to fulfill their obligations towards the End-User.
Without prejudice to the generality of the above, the Company will not be liable for:
The listing of doctors/hospitals, Partnered Pharmacies and Partnered Laboratories on the Application is a fully automated system that lists the doctors/hospitals/Partnered Pharmacies /Partnered Laboratories. These listings of doctors/hospitals, Partnered Pharmacies or Partnered Laboratories do not represent any ranking or endorsement by the Company. The Company in no event will be held responsible for the accuracy and the relevancy of the listing order of the doctors/hospitals, Partnered Pharmacies and Partnered Laboratories on the Application.
All content and other materials available through the Application and Services belong to the Company. The Company authorizes the End-User to view and access the content available on or from the Application solely for ordering, receiving, delivering and communicating only as per this Agreement. The contents of the Application, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Application (collectively, the Company Content), are the property of the Company and are protected under copyright, trademark and other laws. End-User shall not modify the Company Content or reproduce, display, publicly perform, distribute, or otherwise use the Company Content in any way for any public or commercial purpose or for personal gain.
Copying of the copyrighted content published by the Company on the Application for any commercial purpose or for the purpose of earning profit will be a violation of copyright and the Company reserves its rights under applicable law accordingly.
The information in a non-personally identifiable aggregated form directly or indirectly collected from the End-User belong to the Company.
The Applications may be linked to the website of third parties, affiliates and business partners. the Company has not reviewed, and cannot review or control, all of the material, including computer software or other goods or services, made available on or through third-party websites. Accordingly, the Company does not represent, warrant or endorse any third-party website, or the accuracy, currency, content, fitness, lawfulness or quality of the information material, goods or services available through third-party websites. The Company disclaims, and you agree to assume, all responsibility and liability for any damage, loss, injury or other harm, whether to you or to third parties, resulting from your use of third-party websites. You may use the links and these services at your own risk.
The Services provided by the Company or any of its licensors or service providers are provided on an "as is" and as available basis, 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). The Company does not provide or make any representation, warranty or guarantee, express or implied about the Application or the Services. The Company does not guarantee the accuracy or completeness of any content or information provided by End-User on the Application. To the fullest extent permitted by law, the Company disclaims all liability arising out of the End-User's use or reliance upon the Application, the Services, representations and warranties made by other End-Users, the content or information provided by the End-Users on the Application, or any opinion or suggestion given or expressed by the Company.
You agree that your use of the Application and Services is at your sole risk. You will not hold the Company or its Third-Party Service Providers, licensors and suppliers, as applicable, responsible for any loss, damage or injury that results from your access to or use of the Services, or use of the Application, including and without limitation to any loss, damage or injury to any of your devices or data.
The Company assumes no responsibility, and shall not be liable for, any damages, loss or injury to, or bugs, errors, viruses or other limitations and problems that may infect End-User's equipment on account of End-User's access to, use of, or browsing the Application or the downloading of any material, data, text, images, video content, or audio content from the Application. If an End-User is dissatisfied with the Application, End-User's sole remedy is to discontinue using the Application.
You hereby acknowledge that a server failure or other event could result in the loss of all of the data related to your Account. The Company endeavours to have a backup server but is not liable in any manner for the loss of data as a result of the server failure and urges End-Users to back up the data related to their Account.
In no event, including but not limited to negligence, shall the Company, or any of its directors, officers, employees, agents, content or service providers (collectively, the Protected Entities) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages, arising from, or directly or indirectly related to the use of, or the inability to use, the Application, or the content, materials and functions related to the Services or any other legal theory, and whether or not the Company has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed. In no event shall the Protected Entities be liable for:
In no event shall the total aggregate liability of the Protected Entities to an End-User for all damages, losses, injuries and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from this Agreement or an End-User's use of the Application or the Services exceed, in the aggregate Rs.10,000 (Rupees Ten thousand)
The Company reserves the right to suspend or terminate an End-User's access to the Application and the Services with or without notice and to exercise any other remedy available under law, in the following cases:
Once temporarily suspended, indefinitely suspended or terminated, the End-User may not continue to use the Application under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such End-User shall no longer have access to data, messages, files and other material kept on the Application by such End-User.
End-User agrees to indemnify and hold harmless the Company, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from any and all third party claims, losses, liability, damages, injuries and/or costs (including reasonable attorney fees and costs) arising from the End-User's access to or use of Services, violation of this Agreement by the End-User, or infringement of any intellectual property or other right of any person or entity by the End-User. The Company will notify the End-User promptly of any such claim, loss, liability, or demand. In addition to the User's aforementioned obligations, the User agrees to provide the Company with reasonable assistance in defending any such claim, loss, liability, damage, injury or cost at the User's expense.
If any provision of the Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms. However, in such event, the Agreement 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.
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 the Company. Any consent by the Company to, or a waiver by the Company of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
If an End-User has any questions concerning the Company, the Application, this Agreement, the Services, or anything related to any of the foregoing, the Company customer support can be reached at the following email address firstname.lastname@example.org
In accordance with the Information Technology Act, 2000, and the rules made there under, if you have any grievance with respect to the Application or the Service, including any discrepancies and grievances with respect to processing of information, you can contact our Grievance Officer at:
Mr. Gautam Chopra
A-1 Kehar Singh Estate, Ground Floor
Near Saket Metro Station
Saidulajab Lane No. 2
New Delhi 110017
In the event you suffer as a result of access or usage of our Application by any person in violation of Rule 3 of the IG Rules, please address your grievance to the above person.