BY CLICKING ON THE “I ACCEPT” CHECKBOX, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE CUSTOMER TERMS (“CUSTOMER TERMS”).
PLEASE ENSURE THAT YOU READ AND UNDERSTAND ALL OF THESE CUSTOMER TERMS BEFORE YOU START USING THE APPLICATION, AS YOU WILL BE BOUND BY THESE CUSTOMER TERMS WHEN YOU CLICK “ACCEPT AND REGISTER.”
IF YOU DO NOT AGREE WITH ANY OF THESE CUSTOMER TERMS, YOU MUST IMMEDIATELY CEASE ACCESSING AND USING THE APPLICATION AND THE SERVICES BEING PROVIDED UNDER THESE CUSTOMER TERMS. YOUR ACCEPTANCE OF THESE CUSTOMER TERMS WILL OPERATE AS A BINDING AGREEMENT BETWEEN YOU AND CAPULUS TECHNOLOGIES PVT LTD IN RESPECT OF YOUR USE OF THE APPLICATION AND/OR SUBSCRIPTION OF AVAILABLE SERVICES.
These Customer Terms are between You and Capulus Technologies Pvt Ltd (“Company”), each referred to individually as “Party” and collectively as the “Parties.”
BACKGROUND
Capulus Technologies Pvt Ltd owns and operates the Smart Healthcare application mentioned on this site and the Services provided under this application. The Mobile Application, inter alia, contains healthcare functionalities that enable users to subscribe to the services offered. The site provides healthcare services.
These Customer Terms apply to Your access to and use of the application (mobile phone or other electronic device), the Healthcare Services, other services, and all information, recommendations, and other products and services provided to You on or through the Application.
THE PARTIES AGREE AS FOLLOWS
DEFINITIONS AND INTERPRETATION
1.1. Unless the context requires otherwise, capitalized terms in these Customer Terms have the following meaning:
1.1.1. “Account” means the account created by You on the Application and/or Application for accessing the Services.
1.1.2. “Additional Fee” means any amount over and above the subscription services being provided and outside the scope of services entered into and not accounted for while making any subscription. These could include, but not be limited to, duty, taxes, levies, or similar fees or charges that are not included in the subscription but are payable by the Subscriber to the Company in respect of the costs incurred by the Company or any third-party resource of the Company (including government agencies and regulatory authorities) under any Applicable Laws in connection with the Services.
1.1.3. “Affiliate” means, about any entity, another company, or entity that either directly or indirectly, through one or more intermediaries, Controls, is Controlled by, or is under common Control with that entity. For purposes of this definition, “Control” means, about any company or entity, (i) the legal or beneficial ownership, directly or indirectly, of 50% or more of the shares (or other ownership interests if not a corporation) of the entity or company through voting rights or the exercise of rights under agreement; or (ii) the possession, directly or indirectly, of the power to direct or cause the direction of the management or policies of the entity or company.
1.1.4. “Applicable Laws” means (in any relevant jurisdiction) all laws, including rules of common law, principles of equity, statutes, regulations, proclamations, ordinances, by-laws, rules, statutory rules of an industry body, statutory and mandatory codes or guidelines or the like, writs, orders, injunctions, judgments applicable from time to time.
1.1.5. “Application” means such features of the Smart Healthcare mobile application or other programs, software, mobile applications owned (or licensed to) by the Company, and other URLs as may be specified by the Company from time to time. The Application includes the electronic interface where the Subscriber account is accessible, the login credentials (user ID and password) which will be provided by the Company to the Subscriber.
1.1.6. “Area of Operation” means the area in which these Customer Terms are accepted by You, being the territory of Karnataka/India.
1.1.7. “Healthcare Registration” has the meaning set out in Clause 3.1.
1.1.8. “Healthcare Services” shall mean such services provided and available for subscription by the Company and performed by the Company or its 3rd Party affiliates on the Site and/or Application and more fully described under Clauses 4.1 to 4.4 of these Customer Terms.
1.1.9. “Business Day” means any day excluding Sunday or public holiday in the Area of Operation.
1.1.10. “Company” has the meaning given in the “Parties” section on the front page of these Customer Terms.
1.1.11. “Subscriber” has the meaning given in the “Parties” section on the front page of these Customer Terms.
1.1.12. “Privacy Policy” means the privacy policy available on the Application, as amended by the Company from time to time.
1.1.13. “Registration Data” means the Subscriber’s name, email address, telephone number, and other information (including personal data) that is provided to the Company for registering on the Application and/or Application.
1.1.14. “Services” means the technology services the Company provides, which facilitate various services primarily relating to healthcare and other products and services accessed through the Application or via the Application within the Area of Operation.
1.1.15. “You / Your” means you, the user and Subscriber of the Application and the Services.
INTERPRETATION
2.1. Unless the context requires otherwise, in these Customer Terms:
2.1.1. The singular includes the plural and vice versa;
2.1.2. The words ‘such as,’ ‘for example,’ ‘including,’ ‘particularly,’ and similar expressions are not used as, nor are intended to be, interpreted as words of limitation;
2.1.3. A reference to:
(a) A person includes an individual, partnership, joint venture, trust, corporation, or any other entity or association whether or not it is incorporated or has a separate legal identity;
(b) A Party includes that Party’s executors, administrators, successors, and permitted substitutes and assigns, including any person taking by way of novation;
(c) “Currency” refers to the lawful currency of India;
(d) Anything (including a right, obligation, or concept) includes each part of it;
2.1.4. In determining the time of day, the relevant time of day is the time in the Area of Operation;
2.1.5. A document includes any variation or replacement of it;
2.1.6. “Writing” includes email, and written includes email;
2.1.7. A reference to a right or obligation is to that right or obligation as at the date of these Customer Terms and as amended, novated, supplemented, varied, or replaced;
2.1.8. Headings do not affect the interpretation of these Customer Terms.
REGISTRATION AND USAGE
3.1. To use the Application and access the Services, You must register for an Account.
3.2. You represent and warrant that all Registration Data provided by You is true, accurate, and complete, and You will maintain the accuracy and completeness of such information.
3.3. You shall not:
3.3.1. create an Account for anyone other than Yourself without permission;
3.3.2. use another person’s or entity’s name, email, or registration information without permission;
3.3.3. use the Application or the Services if You are under the age of 18 without the consent of a parent or legal guardian;
3.3.4. use the Application or the Services if You are temporarily or indefinitely suspended from using the Application or the Services;
3.3.5. access, use, or attempt to access or use the Application or the Services by any means other than the interfaces provided by the Company, including through any automated means (including use of scripts or web crawlers);
3.3.6. engage in any activity that interferes with or disrupts the Application or the Services (or the servers and networks which are connected to the Application or the Services);
3.3.7. reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purpose any portion of the Application or the Services;
3.3.8. use any high volume, automated, or electronic means to access the Application or the Services (including without limitation robots, spiders, or scripts); or
3.3.9. transmit any worms or viruses or any code of a destructive nature.
SUBSCRIPTION SERVICES
4.1. You may subscribe to the Healthcare Services through the Application. By subscribing, You agree to pay the Subscription Fee for the Healthcare Services by Clause 6 of these Customer Terms.
4.2. The Company shall use commercially reasonable efforts to provide the Healthcare Services by the features and functions as described in the Application, and the Company will use commercially reasonable efforts to make the Application available to You at all times, except for:
4.2.1. planned downtime (of which the Company shall give advance electronic notice to You); or
4.2.2. any unavailability caused by circumstances beyond the Company’s reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems (other than those involving the Company’s employees), internet service provider failures or delays, or denial of service attacks.
4.3. In the event of a Force Majeure event, the Company’s obligations to provide the Services under these Customer Terms shall be suspended for the duration of the Force Majeure event, and the Company shall not be liable to You in respect of such suspension.
4.4. The Company shall use commercially reasonable efforts to process any Healthcare Confirmation for the Healthcare Services by its standard business practices.
PAYMENT
5.1. You agree to pay the Subscription Fee for the Healthcare Services by the pricing terms and conditions set forth on the Application. Upon Your subscription and completion of a Healthcare Confirmation, You shall receive an email notification confirming Your subscription and the Subscription Fee.
5.2. Payment for the Healthcare Services may be made via the payment methods offered on the Application.
5.3. The Company uses third-party payment processors (“Payment Processor”) to bill You through the Application for Healthcare Services. The processing of payments will be subject to the terms, conditions, and privacy policies of the Payment Processor in addition to these Customer Terms. The Company is not responsible for errors by the Payment Processor.
5.4. By choosing to use the Healthcare Services, You agree to pay the Subscription Fee through the Payment Processor and authorize the Company to charge Your designated Card Details. You will provide the Company with accurate and complete billing information including full name, address, state, zip code, and valid payment method information.
5.5. If a Subscription Fee is not received by the Company from Your Payment Processor, You agree to pay all amounts due on Your Account upon demand.
5.6. You shall be responsible for all taxes associated with the Services other than U.S. taxes based on the Company’s net income.
FEEDBACK, ISSUES, AND COMPLAINTS
6.1. You may provide feedback, comments, or suggestions for improvements to the Application or Services (“Feedback”). You agree that all Feedback is non-confidential and shall become the sole property of the Company.
6.2. The Company may, in its sole discretion, solicit Feedback from You. If the Company does so, You agree to provide such Feedback.
6.3. The Company may use, share, or incorporate Feedback into the Application or Services at its sole discretion without notice or obligation to You.
YOUR OBLIGATIONS
7.1. You shall:
7.1.1. ensure that Your use of the Application and the Services is at all times in compliance with these Customer Terms and with all Applicable Laws;
7.1.2. not use the Application or the Services for any unlawful purpose, including without limitation to facilitate any unlawful access to or use of any data or materials;
7.1.3. comply with any terms or conditions of these Customer Terms that are not otherwise specifically set out in these Customer Terms, about any Services provided to You;
7.1.4. be solely responsible for obtaining and maintaining all required licenses, consents, and permits necessary for You to use the Services and the Application;
7.1.5. ensure that all Registration Data (including contact details) for You are accurate and up to date;
7.1.6. promptly check the Registration Data for You on the Application and Application to ensure that the Registration Data for You is current and accurate, and update the Registration Data if it is not; and
7.1.7. maintain the security and confidentiality of the Registration Data for You. You are solely responsible and liable for all activities that occur under Your Account, including any unauthorized activities.
7.2. You may not:
7.2.1. distribute viruses, spyware, malware, or any other technologies that could harm the Company, the Application, or the interests or property of the Company’s users;
7.2.2. infringe any copyright, trademark, patent, trade secret, or other intellectual property or proprietary rights of the Company or any third party;
7.2.3. impersonate any person or entity or otherwise misrepresent Your affiliation with a person or entity; or
7.2.4. interfere with or disrupt the Application or servers or networks connected to the Application, or disobey any requirements, procedures, policies, or regulations of networks connected to the Application.
DISCLAIMERS
8.1. Your access to and use of the Application and the Services is at Your own risk. You understand and agree that the Application and the Services are provided to You on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under Applicable Laws, the Company and its officers, directors, employees, agents, and affiliates disclaim all warranties and conditions, express or implied, including but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
8.2. The Company does not warrant that:
8.2.1. the Application or the Services will meet Your requirements or expectations;
8.2.2. the Application or the Services will be uninterrupted, timely, secure, or error-free;
8.2.3. any information that You may obtain from the Application or the Services will be accurate or reliable; or
8.2.4. any defects or errors in the Application or the Services will be corrected.
8.3. Any material downloaded or otherwise obtained through the use of the Application or the Services is accessed at Your discretion and risk, and You will be solely responsible for any damage to Your device or loss of data that results from the download of any such material.
LIMITATION OF LIABILITY
9.1. You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of Your access to and use of the Application and the Services remains with You. Neither the Company nor any other party involved in creating, producing, or delivering the Application or the Services will be liable for any incidental, special, exemplary, or consequential damages, including lost profits, loss of data, loss of goodwill, service interruption, computer damage, or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these Customer Terms or from the use of or inability to use the Application or the Services or from any communications, interactions, or meetings with other users of the Application or Services or other persons with whom You communicate or interact as a result of Your use of the Application or the Services, whether based on warranty, contract, tort (including negligence), product liability, 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 its essential purpose.
9.2. The maximum aggregate liability of the Company for all claims under these Customer Terms shall not exceed the Subscription Fee paid by You to the Company for the Services in the 12 months immediately preceding the event giving rise to the claim.
TERMINATION
10.1. These Customer Terms will remain in full force and effect while You use the Application and the Services.
10.2. You may terminate Your Account at any time for any reason by contacting the Company.
10.3. The Company may terminate Your access to the Application and the Services at any time without notice if You breach these Customer Terms or if the Company decides, in its sole discretion, to discontinue offering the Application or the Services.
GOVERNING LAW AND JURISDICTION
11.1. These Customer Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed by the laws of India.
11.2. Each Party irrevocably agrees that the courts of India shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Customer Terms or their subject matter or formation (including non-contractual disputes or claims).
MISCELLANEOUS
12.1. These Customer Terms constitute the entire agreement between the Parties with respect to the subject matter hereof and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, concerning such subject matter.
12.2. These Customer Terms may only be amended by a written agreement signed by both Parties.
12.3. If any provision of these Customer Terms is held to be invalid or unenforceable, such provision will be struck and the remaining provisions will be enforced to the fullest extent under Applicable Laws.
12.4. No waiver by either Party of any default or breach of these Customer Terms will constitute a waiver of any other or subsequent default or breach.
12.5. You may not assign, sublicense, or otherwise transfer any of Your rights or obligations under these Customer Terms without the Company’s prior written consent. Any purported assignment or delegation in violation of this Section will be null and void.
12.6. The Company may freely assign these Customer Terms. The terms and conditions set forth in these Customer Terms shall be binding upon assignees.
12.7. Notices under these Customer Terms must be in writing and sent via email to the Company at [email protected].
12.8. Any delay in enforcing these Customer Terms will not constitute a waiver of any provision or right.
12.9. Neither Party will be liable for any delay or failure to perform its obligations under these Customer Terms (excluding payment obligations) if the delay or failure is due to causes beyond its reasonable control, such as a strike, blockade, war, act of terrorism, riot, natural disaster, failure or diminishment of power or telecommunications or data networks or services, or refusal of a license by a government agency.
12.10. Nothing in these Customer Terms will be construed to create any employment, partnership, joint venture, agency, or franchise relationship between the Parties.
12.11. The Parties are independent contractors. Neither Party shall have any right or authority to assume or create any obligations or to make any representations or warranties on behalf of any other Party, whether express or implied, or to bind the other Party in any respect whatsoever.
12.12. These Customer Terms are for the benefit of the Parties and their respective successors and permitted assigns and nothing herein shall be construed as conferring any rights upon any third party.
12.13. These Customer Terms, and any rights or obligations hereunder, may not be delegated, assigned, or otherwise transferred by You, in whole or in part, without the prior written consent of the Company.
12.14. Any rights not expressly granted herein are reserved by the Company.
12.15. Except as otherwise expressly provided herein, these Customer Terms are not intended to confer any rights or remedies upon any person other than the Parties.