This document is an electronic record in terms of the Information Technology Act, 2000 and the rules framed thereunder. This electronic record is generated by a computer system and does not require any physical or digital signatures.
SCOPE OF SERVICE
The Platform provides an internet based data aggregation service that collates, gathers, organizes and analyses data from different sources or devices to provide real-time feedback / overall view of a person/ User’s physiological health. The Platform provides an integrated service connecting patients to their doctors / hospitals and providing both parties real-time data in order to track treatment, behaviour and performance, thereby enabling a holistic and personally customized approach to health care management
Patients can use the Platform to integrate data from various smart devices that monitor different parameters or different aspects of their health. Patients cannot see data or details of any other person / patient or User and can only use the Platform for personal, non-commercial usage.
Doctors, hospitals and trained healthcare professionals can use the Platform to monitor and analyse variation in or discrepancies in different parameters of patients / Users on a real – time basis in order to better judge the effectiveness of any treatment regime and patients’ response to such treatment.
The Platform does not provide medical advice and should not be construed as a mechanism for Patients to self-diagnose or self-medicate. The Platform only offers a service of data collection and analyses and is meant to be used by trained healthcare professionals for better management of Patient treatment regimes. The Platform and the contents thereof are not to be construed as providing any medical advise and is not a substitute for consultation with a healthcare professional.
The Platform may collect sensitive personal information of patients/Users and share the same with persons entrusted by such patient / User to receive such information.
The Platform uses proprietary technology, software and medical algorithms designed and created by Phable Care in consultation with several leading doctors to analyse, evaluate and assess data collected by the Platform in respect of each individual patient / User.
ACCESS AND TRANSMISSION OF CONTENTS OF THE PLATFORM
Any downloading of Content is unauthorised and / or prohibited unless consent is received from Phable Care to authorize such download.
You may not modify any Content you download or print from the Platform or make any additional representations or warranty relating to it. Any attempt to make such modification shall be treated as hacking
You may not make or share any Content item originating from the Platform available for public access by any means whatsoever without obtaining prior written permission from this Platform.
You may forward Internet URLs (uniform resource locators) to third parties for private, non-commercial use, along with brief extracts that do not violate fair use guidelines
If any person/entity is found crawling the website for any commercial, business or other purposes, the same shall amount to offence and Phable Care shall be entitled to take appropriate action and claim damages, if any, as against such person/entity.
You may post, or otherwise make publicly available, excerpts from this Platform's Content items, in any publicly accessible forum, so long as they follow standard fair use guidelines and this Platform is cited alongside the excerpt as the original source with a hyperlink to this Platform
You may view, use, copy, and distribute the Materials found on the Platforms for internal, non-commercial, informational purposes only. You are prohibited from data mining, scraping, crawling, or using any process or processes that send automated queries to Phable Care. You may not use the Platform to compile a collection of listings, including a competing listing product or service. You may not use the Platform or any Content for any unsolicited commercial e-mail. Except as authorized in this paragraph, you are not being granted a license under any copyright, trademark, patent or other intellectual property right in the materials or the products, services, processes or technology described therein. All such rights are retained by Phable Care, its subsidiaries, and/or any third party owner of such rights.
You may not incorporate any portion of the software / source codes into other programs or compile any portion of it in combination with other programs, or otherwise copy, modify, create derivative works of, distribute, assign any rights to, or license Phable Care software in whole or in part. All software, services and features used in the Website / Platform are the property of Phable Care or its software suppliers and is protected by applicable copyright laws.
Users are responsible for all information and content uploaded or published by them. You are solely responsible for personal information and acknowledge that You shall not furnish any false or misleading information. You acknowledge that in the event that you have furnished any such false information, Phable Care will have all rights to initiate appropriate legal action against you for the same, including sharing your sensitive personal information with jurisdictional or governmental authorities.
Phable are has the right, but not the obligation to monitor and edit or remove any content posted by you as feedback. Phable Care cannot review all feedback made on its Platform. However, Phable Care reserves the right, but has no obligation, to monitor and edit, modify or delete any feedback (or portions thereof) which Phable Care in its sole discretion deems inappropriate, offensive or contrary to any Phable Care policy, or that violate the following terms. Phable Care reserves the right not to upload or distribute to, or otherwise publish through the Site or Forums any Communication which :
Notwithstanding the above, Phable Care reserves the right to, in accordance with applicable law, remove the content published, shared, transmitted, stored or generated on the Platform by You in the event such content is found to be in violation of Clause IV above.
DISCLAIMER OF WARRANTIES
This Platform, makes no representations or warranties of any kind, express or implied, as to the operation of the Platform or the information, content, materials, or products on the Platform, including that:
LIMITATION OF LIABILITY:
You hereby agree to indemnify, defend and hold harmless Phable Care, , licensee, subsidiaries, successors, assigns and their respective office affiliates, agents, directors, officers, employees and shareholders from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys' fees, resulting from:
This Platform reserves the right to update, change, modify, add or remove the terms, conditions and notices of the Agreement without any prior notice to you. It is your responsibility to periodically review the most current version of the Agreement as your continued use of this Platform signifies your acceptance of any changed terms. As long as you comply with these Terms & conditions, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform.
Monitoring of Materials Transmitted By You : Changes may be periodically incorporated into the Platform. Phable Care may make improvements and/or changes in the products, services and/or programs described in the Platform without any prior notice. We are under no obligation to monitor the material hosted or published on or transmitted to the Platform. However, anyone using the Platform agrees that Phable Care may monitor the Platform’s contents periodically to (1) comply with any necessary laws, regulations or other governmental requests; (2) to operate the Platforms properly or to protect itself and its users. Phable Care reserves the right to modify, reject or eliminate any material residing on or transmitted to its Platform that it, in its sole discretion, believes is unacceptable or in violation of the law or these Terms and Conditions.
Deletions from Service Phable Care may delete any materials or content at the request of the user who submitted such material or content or at the request of a retailer / manufacturer / owner who has decided to ‘opt-out’ of the addition of materials or content to its advertising, including, but not limited to ratings and reviews provided by third parties. Phable Care reserves the right to delete (or to refuse to post to public forums) any material, information or content it deems detrimental to the system or is, or which may be, in the opinion of Phable Care, defamatory, infringing or violate of applicable law. Materials submitted to the Website for publication may be edited for length, clarity and/or consistency with Phable Care's editorial standards
Notices All notices, demands and other communications between you and Phable Care must be in writing and will be deemed to have been given (a) if mailed by registered post (b) if delivered by courier, (c) if sent by facsimile transmission and such transmission is confirmed as received, or (d) if sent by electronic mail, and such message is confirmed as received, in each case to the address, fax number or e-mail address specified below.
No. 2734, 1st Floor, 1st Sector HSR Layout, 16th Cross, 27th Main, Bangalore-560102 Email – firstname.lastname@example.org
False Information : If at any point of time, Phable Care finds that the information provided by you in your registration or web mail is false, Phable Care reserves the right to terminate your account and remove all or any content previously posted by you. You hereby agree to: (a) provide true, accurate and complete information about yourself to Phable Care / the Platform; and (b) maintain and promptly update the details or information to keep it true, accurate, current and complete.
Dispute Resolution :