Policies related to Mobile Application

The following policies apply to the NephroPlus Mobile app.

PRIVACY POLICY

This privacy policy has been compiled to better serve those who are concerned with how their ‘Personally Identifiable Information’ (PII) is being used online. Please read our privacy policy carefully to get a clear understanding of how we collect, use, protect or otherwise handle your Personally Identifiable Information in accordance with our website.

This Privacy Policy may be subject to further changes including as may be warranted by change in law. Upon updating the Policy, we may revise the “Updated” date at the bottom of this Policy. We therefore request you to go through our Privacy Policy frequently to be updated with changes incorporated from time to time. Your continued engagement with us will imply your acceptance of such updates to this Policy.

If you do not agree to the terms of this Privacy Policy, please do not (i)  Access or use our Platform, (ii)  Avail of services from us, and do not disclose your information to us.

By providing us your and/or your family members and/or your dependents information, you hereby (i) Consent to the collection, storage, disclosure, processing and transfer of such information for the purposes as disclosed in this Policy and (ii) Represent that you have taken the necessary consents from such persons to provide us with such information. You are providing the information out of your free will. You have the option not to provide the data or Personal Information / Sensitive Personal Data or Information (as defined below) sought to be collected if you do not agree with this Policy.

What personal information do we collect from the people that visitour mobile app?

When enquiring, filling forms, Booking a session, Referring a new Guest on our Mobile app or website, as appropriate, you may be asked to enter your name, email address, phone number or other details to help you with your experience. Other information that can be asked on our Mobile app or website includes identity card number, date of birth, employee code, email address, residential address, mobile number, alternate telephone number, etc.

Further, you would be required to give us certain Sensitive Personal Data or Information about you and/or your family members and/or your dependents. Sensitive Personal Data or Information shall mean such Personal Information which consists of information relating to

  • Financial information such as bank account or any other payment instrument details;
  • Physical, physiological and mental health condition;
  • Demographic information
  • Medical records and history; and
  • Any detail relating to the above

We inform you that our Platform may collect certain Personal Information and/or Sensitive Personal Data or Information about you and/or your family members and/or your dependents such as medical and health records including but not limited to your prescription, test reports, past medical history, etc.

We understand that the Personal Information and/or Sensitive Personal Data or Information is extremely private to you and/or your family members and/or your dependents and assure you that it will be used only for providing required healthcare services as mutually agreed to be rendered by us, and as stated under this Policy.

While using our Platform and for availing of any of our services, you would be required to give us your and/or your family members and/or your dependents Personal Information and/or Sensitive Personal Data or Information​. This could be done post-login on our Platform

When you visit our Platform, we may use GPS technology (or other similar technology) to determine your current location in order to determine the city or area you are located within for helping you in the selection of the right provider for the services you wish to avail. While using our Platform, you may also be required to give us access to few files available on your device. In case you do not want us to use your location for the purposes set forth above, you should turn off the location services. We may use your photo gallery or camera only to facilitate the uploading of documents or files in certain flow but we will not access information without your explicit consent. You have the option not to provide us with consent or to subsequently revoke consent, for our use of your device’s camera/file and folders.

When do we collect information?

We collect information from you when you fill out a form or enter information on our site to provide us with feedback on our products or services.

How do we use your information?

We may use the information we collect from you when you respond to a survey or marketing communication, surf the website, or use certain other Mobile app features in the following ways:

To personalize your experience and to allow us to deliver the type of content and product offerings in which you are most interested.

  • To improve our Mobile app and Website in order to serve you better.
  • To allow us to better service you in responding to your customer service requests.
  • To send periodic emails/texts regarding your bookings or any other services.
  • To follow up with them after correspondence (live chat, email or phone inquiries)

How do we protect your information?

Our website and Mobile app are scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our site as safe as possible. We use regular Malware Scanning.

Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. We implement a variety of security measures when a user enters, submits, or accesses their information to maintain the safety of your personal information.

Do we use ‘cookies’?

Yes. Cookies are small files that a site or its service provider transfers to your Computer’s or Mobile’s hard drive through your Web browser/Mobile app (if you allow) that enables the site’s or service provider’s systems to recognize your browser/Mobile app and capture and remember certain information. They are also used to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.

We use Cookies/Cache to:

  • Compile aggregate data about site traffic and site interactions in order to offer better site experiences and tools in the future. We may also use trusted third-party services that track this information on our behalf.
  • You can choose to clear the Cookies/Cache from your system. This might result in your mobile app to load a bit slower when you try to open it the next time however it won’t affect the user’s experience
  • You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings. Since browser is a little different, look at your browser’s Help Menu to learn the correct way to modify your cookies.
  • If you turn cookies off, some features will be disabled. It won’t affect the user’s experience that make your site experience more efficient and may not function properly.

Third-party disclosure

We do not sell, trade, or otherwise transfer to outside parties your Personally Identifiable Information unless we provide users with advance notice. This does not include website hosting partners and other parties who assist us in operating our Mobile app and website, conducting our business, or serving our users, so long as those parties agree to keep this information confidential. We may also release information when its release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property or safety.

However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

Google’s Advertising Principles

Google’s advertising requirements can be summed up by Google’s Advertising Principles. They are put in place to provide a positive experience for users.

Data Storage

All your Personal Information and/or Sensitive Personal Data or Information is hosted and/or processed by us in Servers that reside in secure clouds. Your and/or your family members and/or your dependents’ Personal Information and/or Sensitive Personal Data or Information is retained by us only for the purpose of providing the required services or for historical or statistical or legal purposes and such retention shall be for a period required to fulfill such purposes and / or as required under applicable law.

Transfer / Sharing of Information

We respect your privacy and hereby declare that we do not transfer and / or disclose your and/or your family members and/or your dependents’ Personal Information and/or Sensitive Personal Data or Information except as under:

  • To law enforcement agencies in connection with an investigation having the interest of general public at large, after having been approved by the due process of law;
  • To our associates and affiliates to help detect and prevent fraud, identity theft and other illegal activities, correlate related or multiple accounts to prevent abuse of our services; and to facilitate joint or co-branded services that you request where such services are provided by more than one corporate entity;
  • To our full time employees and associates on a need to know basis for the purpose of enabling the Company to provide the necessary services to you;
  • With our empanelled healthcare providers on a ‘need to know’ basis for the purpose of enabling the Company to provide the necessary services to you;
  • We shall also share such information with our associates or affiliates should the Company decide to undergo restructuring in anyway or is acquired by any other entity and ensure that in such an event the other entity continues to follow this policy strictly;
  • With your employer or its authorized representatives, if applicable, and on receipt of a formal request from your employer and upon receipt of necessary approval(s).

Advertisements and links to third-party websites

Our Platform may contain certain advertisements and links to third-party websites. We would like to clarify that we do not control or guarantee the accuracy, safety and integrity of the Personal Information and/or Sensitive Personal Data or Information you provide, if you choose to, share your information with these advertisers and third-party websites. It is, therefore, advised that you go through their terms and conditions and privacy policy before providing any Personal Information and/or Sensitive Personal Data or Information about yourself and/or your family members and/or your dependents on these websites.

Safety Precautions

We have stringent, strong, security measures undertaken to ensure against the loss, misuse or alteration of Personal Information and/or Sensitive Personal Data or Information about you and/or your family members and/or your dependents with us. We shall take all necessary precautions to safeguard your information and protect it from any unauthorized use. We have SSL Certificate issued by trusted certification authority and other safety measures in place to guard your information with us against any theft or unlawful usage or modification thereof. You are advised, however, that internet technology is not 100% safe and you should exercise discretion on using the same. The Information Security Management System of the Company conforms to the ISO 27001:2013 standard.

Consent

By using our Platform and providing your and/or your family members and/or your dependents’ Personal Information and/or Sensitive Personal Data or Information, you hereby consent to the collection, storage, disclosure, transfer, processing and usage of your and/or your family members and/or your dependents’ Personal Information and/or Sensitive Personal Data or Information by us as per the terms of this Privacy Policy. Kindly frequent this section to keep yourself updated of any changes made by us in the Privacy Policy. You hereby confirm to the Company that you have taken necessary consent from your family members and/or your dependents for submission of their Personal Information and/or Sensitive Personal Data or Information with us.

Governing rules and law

If you choose to visit our Platform, your visit/use and any dispute over privacy is subject to this Privacy Policy and the Platform’s terms of use. In addition to the foregoing, any disputes arising under this Privacy Policy shall be governed by the laws of India.

This Privacy Policy is compliant with the provisions of the Information Technology Act, 2000 and Rules made thereunder including any modifications or amendments made thereto. The Company may make necessary changes to this Privacy Policy consequent upon any changes or modification in the law. It is hence imperative that you frequently read this Privacy Policy to keep yourself updated of any changes made by us.

TERMS and CONDITIONS

PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR USING SERVICES FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

This Terms of Service Agreement (the “Agreement”) governs your use of this Mobile app and Website of NephroPlus hosted at www.nephroplus.com. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. NephroPlus reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Mobile app and Website. NephroPlus will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Mobile app and Website. Your use of the Mobile app and Website following the posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. NephroPlus encourages you to review this Agreement whenever you visit the Mobile app and Website to make sure that you understand the terms and conditions governing use of the Mobile app and Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with NephroPlus for other products or services. If you do not agree to this Agreement (including any referenced NephroPlus policies or guidelines), please immediately terminate your use of the Mobile app and Website. If you would like to print this Agreement, please click the print button on your browser toolbar.

Terms of Offer: This Mobile app and Website offers certain Services. By placing an enquiry for Products/service through this Mobile app and Website, you agree to the terms set forth in this Agreement.

Definitions:

  • Application/App: Means a mobile/tablet or website software product owned and developed by Focaloid Technologies Pvt. Ltd.
  • Code of Ethics: Code of Ethics shall mean the Code of Ethics (Professional Conduct, Etiquette and Ethics) prescribed by the Central/State Regulatory Authority of the respective systems of medicine.
  • Health Care Professional: A Health Care Professional (hereinafter referred to as HCP) shall mean any medical practitioner, practising in Allopathy, Homeopathy, Unani, Ayurveda or any other recognised health care profession, who is registered with the Union and/or State regulatory or licensing body of the respective system of medicine and is availing the services of the App.
  • Usage rights: The Mobile  app and Website provides User with the rights to use the Mobile  app and Website based on User Subscription as well as acceptance of this Terms of Use by You.
  • Parties: Parties shall mean the Users, HCP and the App.
  • Terms of Use: Agreement (to be used interchangeably)
  • Third-Party: Third Party shall mean any person who is not a party to the Terms of Use, but shall not include any person for whom the services are availed by the User.
  • User: A User shall mean any natural or legal person, who is competent to enter into a contract as per the Indian Contract Act, 1872, who uses the Application/App, with or without registration, to avail the services offered, for himself or herself and/or for any other person.
  • For the Purposes of this clause the terms “We” (shall refer to the APP) and the term “you” (shall refer to the User).

Code of Conduct

The User shall ensure that his/her conduct is not in violation of any of the laws in force in India, including but not limited to the following:

  • The Information Technology Act, 2000
  • The Indian Penal Code, 1860
  • The Indecent Representation of Women Act, 1986
  • The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013
  • Telemedicine Practice Guidelines

Enforcement

The Terms of Use, as herein stated and as modified/amended/changed by the App from time to time, shall be legally binding and enforceable on all the Parties.

No Doctor-Patient Relationship
We do not practice medicine and do not provide medical consultation. We merely provide a technology platform and infrastructure that enables you to connect with participating medical practitioners listed on the Service and to use the messaging or communication facilities of the Service that are designed to enable you to communicate with others (‘Communication Tools”) to consult with a medical practitioner recommended to you.

Medical practitioners listed on the Service have signed / accepted contracts with us and represented to us that they are duly qualified to practice medicine in India and are enrolled on the Medical Register in one of the States in India. While we make reasonable enquiries to confirm the veracity of this representation made to us by the medical practitioners, we shall not be responsible for any misrepresentation or fraud in this regard. We do not recommend or endorse any medical practitioners or make any representations or warranties with respect to the quality of the medical services a medical practitioner may provide to you.

The use of the Service does not create a doctor/patient relationship between you and us. All medical consultation shall be provided to you by the concerned medical practitioner directly and as such, the medical practitioner you consult with shall be solely responsible for compliance with all requirements applicable to his or her professional services provided to you and liable to you for all medical consultation, medical advice, diagnosis or treatment recommended or provided to you. We shall not be responsible or liable for any defect or deficiency in the medical consultation, diagnosis or treatment recommended to you by any medical practitioner.

Any diet plans or advice or information that may be provided on or through the Service is for information only, does not constitute a medical opinion or advice or a diagnosis or treatment and is not a substitute for professional medical advice, diagnosis or treatment.

We are not responsible for the accuracy of the results of any Self – Assessment Tests made available as part the Service. These tests are solely for information purposes to suggest probable risks to users having a particular health issue and the results of the tests do not constitute a medical opinion or diagnosis. You should consult a medical professional before acting on the results of any such tests.

Not for Medical Emergencies & Not a replacement for your Primary Care Physician

The Service we provide is not for use for medical emergencies, for life threatening conditions or for when you need acute care. You should not disregard or delay to seek medical advice from your physician based on anything that appears or is provided to you by or through the Service.

The consultation provided to you by medical practitioners through the Communication Tools are not intended to replace your relationship with your primary care physician and you should continue to consult with your primary care physician and other health care professionals as needed / recommended. You should seek emergency help or follow-up care when recommended by a medical practitioner or when you are of the opinion that such help or care is prudent in your sole opinion.

Limitations of Online Consultation and Informed Consent

When you seek consultation with any medical practitioner using the Communication Tools made available through the Service, you understand the limitations and potential risk of online consultations, including but not limited to the inability to carry out a physical examination or other extensive investigations; delays or failure arising from the disruption of communication devices or Communication Tools; the insufficient quality of information transmitted online, lack of access to your medical records or medical history amongst others and the inherent risks of breach of privacy associated with sharing your sensitive personal information or medical information through the Communication Tools. You take full responsibility for ensuring that any information you submit is complete and accurate and understand that the medical practitioner relies solely on information provided by you. We shall not be responsible for any errors in transmission or for the corruption or compromise of any information communicated over telecommunication services. Therefore, before sharing any information or acting on any information or advice offered to you by or through the Service, you should confirm that you have understood and accept the associated limitations and risks and agree that you are not using the Service as a substitute for consultation with your primary care physician.

The transmission, storage and/or retrieval of data and information and the provision of the Service through the internet is subject to a variety of factors beyond our reasonable control, including any interruption or unavailability of third-party telecommunication services used to host / provide the Service. In no event will we be liable for any failure or interruption of the Service, including without limitation those failures or interruptions resulting in part or entirely from circumstances beyond our reasonable control.

Without prejudice to the above, a medical practitioner may, in his or her sole discretion and professional judgment, determine that the online consultations through the Service are not appropriate for some or all of your needs and, accordingly, may elect not to provide services to you through the Service.

Statute of Limitation: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Mobile app and Website or Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Use of Service

You agree to use the Service (including the Communication Tools) only in accordance with these Terms and all applicable laws. You may not use the Service in any manner that could damage, disable, overburden or impair our computer systems or interfere with any other party’s use and enjoyment of any Service. You should not attempt to gain unauthorized access to any Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Service.

Without prejudice to the above, you agree not to host, display, upload, modify, publish, transmit, update or share any information that:

– Belongs to another person and to which you do not have any right to;

– Is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

– Harm minors in any way;

– Infringes any patent, trademark, copyright or other proprietary rights;

– Violates any law for the time being in force;

– Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

– Impersonates another person;

– Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or

– Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.

You are solely responsible for all information you transmit or share using the Communication Tools and we are not obliged to monitor the same. However, we reserve the right to review any information or materials you share using the Communication Tools and to remove (without notice to you) any information or materials that we find, in our sole discretion, violates any applicable law or these Terms. To this extent, you hereby waive doctor-patient confidentiality and expressly authorise us to review all information you transmit or share using the Communication Tools. In the event of non-compliance with the Terms, we may (without notice to you), immediately terminate your registration with us and/or prevent your access or use of the Service.

Payment for Service

  • Some parts of the Service are chargeable as may be specified from time to time. We will tell you about applicable charges for any paid Service and the payment terms presented to you when you use or order a paid Service are deemed part of these Terms of Use. As a convenience to you, we also collect payments due to medical practitioners, for their services that you avail or book through the Service. Subject to receipt of the payments from you, we will be responsible to pass on the payments due to these third parties. We reserve the right to change our charges and payment terms at any time provided however that the new charges will not be applicable to orders accepted before the change is notified. If you don’t pay for paid Service on time, we reserve the right to suspend or cancel your order for the said Service or to not provide you with the ordered Service. We shall not be responsible for any Service that is not provided to you if you fail to pay the applicable charges for the same. Charges paid are non-refundable except in our sole discretion.
  • We use a third-party payment gateway for processing payments due to us. The processing of payments will be subject to the terms, conditions and privacy policies of the payment gateway, in addition to these Terms. We don’t control and are not liable for the security or performance of the payment gateway. You agree to pay us, through the payment gateway, all charges at the rates then in effect for any purchase in accordance with the applicable payment terms. We reserve the right to correct, or to instruct our payment gateway to correct, any errors or mistakes, even if payment has already been requested or received.

  • We do not store any payment details including but not limited to net banking, Credit card or Debit card details.

Mobile app and Website Security

The Mobile app and Website  shall undertake necessary processes to secure the data provided by the User. The App currently, encrypts the data provided with 256-bit encryption and stores it in a private cloud with SSL Security Protocols.

Privacy

The Parties shall not disclose any sensitive personal data or personally identifiable data to a Third-Party unless such disclosure is mandated by the law in force or by an Order of any jurisdictional Court of law or forum or regulatory authority or any enforcement judicial or quasi judicial body. The Parties shall be required to send a notice to the relevant party when data other than sensitive personal data or personally identifiable data is to be disclosed to a Third Party. Your data will be processed by us as per applicable laws and our privacy policy available at our website.

The Mobile  app  and website shall diligently undertake processes and procedures to protect the privacy of the data collected from the User.

The Mobile  app and website shall not be liable for the disclosure of sensitive personal data or personally identifiable data by the User.

The Mobile  app and website shall not be liable for the disclosure of sensitive personal data or personally identifiable data caused due to circumstances beyond the control of the App.

Refusal of Services

The  Mobile app and Website reserves the right to refuse their services to any of the Parties for any reason whatsoever.

The Mobile app and Website also reserve the right to refuse services if the User fails to adhere to or violates the Terms of Use or any change/amendment/modification made to the Terms of Use or does any act or omission including but not limited to resulting in harassment or misconduct by the User.

In the event that the User has availed the services of the Mobile app and website to secure an appointment with the HCP and subsequently the HCP refuses to provide his/her services to the User, the App shall not be held liable.

In the event User makes avail the Mobile app and Website  or website to unauthorised Users other than what is agreed in the Mobile app and Website or website.

Customer Solicitation: Unless the User notifies reps or direct NephroPlus  sales reps, service executives,  the desire to opt out from further direct company communications and solicitations, the User is  agreeing to continue to receive further emails and call solicitations NephroPlus  and its designated in house or third party call team(s).

Opt Out Procedure: We provide 3 easy ways to opt out of from future solicitations.

  1. The User may use the opt-out link found in any email solicitation that you may receive.
  2. The User may also choose to opt out, via sending your email address to: contactus@nephroplus.com.
  3. The User may send a written remove request to the company address found in the About Us section.

Proprietary Rights: NephroPlus has proprietary rights and trade secrets in the Products. You may not copy, reproduce, resell or redistribute any Product manufactured and/or distributed by  NephroPlus.  NephroPlus also has rights to all trademarks and trade dress and specific layouts of this  Mobile app and Website, including calls to action, text placement, images and other information.

Website

Content, Intellectual Property, Third Party Links:

 This Mobile app and Website also offers information and marketing materials along with information, both directly and through indirect links to third-party websites. NephroPlus  does not always create the information offered on this Mobile app and Website ; instead the information is often gathered from other sources. Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Mobile app and Website is for personal, non-commercial use. Any links to third-party websites are provided solely as a convenience to you. NephroPlus does not endorse the contents on any such third-party websites. NephroPlus  is not responsible for the content of or any damage that may result from your access to or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk.

Use of Mobile app and Website:

NephroPlus is not responsible for any damages resulting from use of this Mobile app and Website by anyone. You will not use the  Mobile app and Website for illegal purposes. You will (1) Abide by all applicable local, state, national, and international laws and regulations in your use of the  Mobile app and Website (including laws regarding intellectual property), (2) Not interfere with or disrupt the use and enjoyment of the Mobile app and Website by other users, (3) Not resell material on the  Mobile app and Website, (4) Not engage, directly or indirectly, in transmission of “spam”, chain letters, junk mail or any other type of unsolicited communication, and (5) Not defame, harass, abuse, or disrupt other users of the  Mobile app and Website

License: 

By using this  Mobile app and Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Mobile app and Website in connection with your normal,  non-commercial, use of the  Mobile app and Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from NephroPlus or the applicable third party (if third party content is at issue).

Third Party Links & Advertisements

  • The Service may contain links to third party websites/applications and third-party advertisements, that are not maintained or controlled by us. Third party links and advertisements are provided for your convenience only and does not imply endorsement or any representation or warranty by us to content, goods or services that may be offered by these third parties.
  • When you click on any of these third-party links, you are leaving the Service and will be subject to the terms of use and privacy and security policies of the third-party site. You link to any such third-party website /applications entirely at your own risk.

No Warranty

The Mobile app and Website  shall not undertake warranty for any loss/damage/injury caused to the User or to any other person for whom such services were availed, in the course of care and treatment provided by the HCP.

The Mobile app/Website shall not be liable for any acts or omissions of the HCP which amount to medical negligence/ professional misconduct/ deficiency in service/ violation of any law in force.

Indemnification

You will release, indemnify, defend and hold harmless NephroPlus  and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys’ fees and expenses, of third parties relating to or arising out of (1) This Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) The Mobile app and Website content or your use of the  Mobile app and Website content; (3) The Services or your use of the Services (including Trial  Services); (4) Any intellectual property or other proprietary right of any person or entity; (5) Your violation of any provision of this Agreement; or (6) Any information or data you supplied to NephroPlus . When NephroPlus is threatened with suit or sued by a third party, NephroPlus may seek written assurances from you concerning your promise to indemnify [ NephroPlus; your failure to provide such assurances may be considered by NephroPlus to be a material breach of this Agreement. NephroPlus will have the right to participate in any defense by you of a third-party claim related to your use of any of the Mobile app and Website content or  services, with counsel of NephroPlus choice at its expense. NephroPlus will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend [ NephroPlus against any claim, but you must receive NephroPlus prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Mobile app and Website or. services

Each Party (Indemnifying Party) shall indemnify the other Party (Indemnified Party), any damage, loss or harm caused by negligence, fraud, misrepresentation or wilful misconduct of the Indemnifying Party amounting to breach of the Terms of Use, from and against any action, claim or proceeding brought by a Third-Party.

Nothing in this Terms of Use shall be taken to exclude or limit User’s liability under or arising out of the Terms of Use or use of the App whether based in contract, tort (including negligence and strict liability) or otherwise to the extent that such liability cannot be excluded by law.

Confidentiality

The Parties acknowledge and agree that any information provided in relation to the User’s sensitive personal information or personally identifiable information shall be confidential. Such confidential information shall not be communicated to a Third Party without the consent of the User unless

  • Such information is already accessible in the public domain;
  • Such information is mandated to be disclosed by any relevant laws, government mandates or Court orders;
  • Such information is required to be disclosed by the Mobile app and Website to its legal counsel who shall, in turn, be bound by the confidentiality clause as envisaged in this agreement.

Change/Amendment/Modification

The Mobile app and Website reserves the right to effect any change, amendment or modification to the Terms of Use, with or without notice to the User. The said change, amendment or modification shall be applicable to and enforceable by all the Parties as a part of the Terms of Use, from the date such change, amendment or modification is published by the Mobile app and Website.

The Terms of Use prior to the change, amendment or modification shall cease to exist and shall be deemed to be supplanted by the changed, amended or modified Terms of Use. The changed, amended or modified Terms of Use shall thereafter govern the rights and obligations of the Parties.

Cessation of Operation: 

NephroPlus may at any time, in its sole discretion and without advance notice to you, cease operation of the Mobile app and Website  or other but not limited to Mobile app functionalities like  Booking of a Dialysis session, Ask Nephrologist a Question

Waiver of Class Action Rights:

 By entering into this agreement, you hereby irrevocably waive any right you may have to join claims with those of other in the form of a class action or similar procedural device. Any claims arising out of, relating to, or connection with this agreement must be asserted  individually.

Termination

The  Mobile app and Website shall have the right to terminate the contract with the user if the User violates the Terms of Use as stated herein.

The  Mobile app and Website further reserves the right to terminate the contract with the User without any further liability for whatsoever reason stated under the Terms of Use and hereunder including but not limited to:

  • Violation of the laws in force;
  • Complaints of indecent behavior;
  • Providing fraudulent and/or misrepresented information/details;
  • Suspicion of any illegal activity being conducted;
  • Any other activity which is punishable by law.
  • Alleged misconduct or harassment.

The App shall retain the right to terminate this agreement for convenience, with or without giving notice to the User.

Entire Agreement

The Terms of Use shall comprise the entire agreement between the Parties and shall define the rights and obligations of the respective Parties with regard to the subject-matter of the Terms of Use.

The Terms of Use shall override and extinguish any previous agreements and understandings among the Parties, whether oral or written, in relation to the subject matter hereof.

Assignment

The Parties to this Agreement shall not transfer their rights or obligations, either in whole or in part, as envisaged in the Terms of Use to a Third Party without the explicit written consent of the other concerned Parties to this Agreement.

Notices

The Parties shall be required to communicate any notices, requests, demands and/or other communications related to the subject-matter of the Terms of Use with the other Party in writing, either by post or by electronic mail.

The said written communication shall be deemed to be complete and effective:

  • as against the Party who sends it – at the time when the said communication is transmitted;
  • as against the Party to whom it was sent – at the time when the said communication is received.

The said communication shall contain the name, contact number, and address of the Sender.

Jurisdiction, Mediation, and Arbitration

The disputes arising in relation to the subject matter of the Terms of Use shall be first submitted to Mediation in Hyderabad. If the dispute remains unresolved, it shall be submitted to Arbitration in Hyderabad to be adjudicated by sole Arbitrator appointed by us. The award by the said Arbitrator shall be final and binding to all the parties herein.

The adjudicating authorities of Hyderabad shall have exclusive jurisdiction over all disputes arising out of the Terms of Use.

Severability

Any clause or part of a clause of the Terms of Use which is found to be illegal, void or unenforceable due to the law in force or by a decision of any competent Court of law, shall be deemed ineffective and severed from the rest of the Terms of Use

Survival

The obligations of the Parties under the Terms of Use with regard to the maintenance of confidentiality and privacy of sensitive personal data or personally identifiable data shall survive the termination/completion/lapse of the Terms of Use

Force Majeure

The App shall not be liable for any delay caused in performance or non-performance of any part of the Terms of Use arising out of circumstances beyond the control of the Mobile app and Website not due to willful misconduct, fraud, misrepresentation or negligence of the Mobile app and Website

The circumstances beyond the control of the Mobile app and Website shall deem to include, but is not limited to, interruptions, difficulties, loss or malfunction of utilities, software or hardware; Acts of God; Civil Unrest; War; etc.

Legal Compliance

The Parties shall comply with all relevant laws, bye-laws, rules, regulations, orders, notifications, judgments and decrees in force, applicable to it and its business operations enforced either by the Union Government and/or by the respective State Governments, in their respective jurisdictions.