TERMS OF USE

 

PLEASE READ THE TERMS OF USE CAREFULLY BEFORE AVAILING SERVICES ON THIS PLATFORM. AVAILING SERVICES THROUGH THIS PLATFORM SIGNIFIES YOUR ACCEPTANCE OF THE TERMS OF USE AND YOUR AGREEMENT TO BE LEGALLY BOUND BY THE SAME.

IF YOU DO NOT AGREE WITH THE TERMS OF USE, PLEASE DO NOT ACCESS THIS PLATFORM FOR ANY SERVICES.

1.           INTRODUCTION

 

·       www.phablecare.com / Phable (hereinafter referred to as “Phable Care”, “Phable Application”, “Website” or the “Platform”, which term includes the website, sub-domains of the website, software, mobile application(s) or any other medium through which Phable Care may provide its services) is owned and operated by M/s Terrals Technologies Pvt. Ltd., a Company incorporated under the provisions of the (Indian) Companies Act, 2013 having its registered office at No. 3/13, Old No. C-5, Acacia Primerose Apartments, 2nd Cross Road, Keerthy Layout, Kamanahalli, Bangalore – 560 084.

 

·       Phable Care is an internet-based service provider that provides a healthcare platform intended to be used by end users / patients to connect with doctors / physicians / hospitals. Phable Care aims to be a world-class medical Internet of Things (“IoT”) device integrator that connects smart devices to enable trained healthcare professionals to monitor patients and their health on a regular basis based on scientifically collected and mapped data. Phable Care integrates various devices used in hospitals with consumer medical devices on a single platform. The data collected from various sources is analysed using medical algorithms which have been co-created with various leading doctors. This allows doctors to gain timely insight on patient’s adherence to prescriptions and enables them to provide better customised care to individual patients. Patients also are able to keep track of their ailments and treatment which helps them avoid future complications. Phable Care may require patients’ personal information, including sensitive personal information for collation, mapping and analysis, however such information shall only be collected with consent from the patients/ end users themselves and shall only be shared with trusted third parties, such as doctors and hospitals, and shall not under any circumstances be sold or shared to any other third party.

 

·       For the purpose of this Terms of Use, wherever the context so requires, "you" or "User" shall mean any natural or legal person who has agreed to use the Platform, whether registered or not, including Users whose accounts will expire and / or stand expired. The terms "we", "us", "our" shall mean the Platform and / or Phable Care as the context may so require;

 

·       This document is an electronic record under the provisions of the Information Technology Act, 2000 and relevant Rules framed there under (as applicable or amended from time to time). This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and User agreement for access or usages of the website.

 

·       These Terms of Use, together with the Privacy Policy and any other terms specifically referred to in any of those documents, constitute a legally binding agreement (the "Agreement") between you and Phable Care in relation to your use of the Platform.

 

·       Acceptance of these terms is a prerequisite for usage of services in the platform. By virtue of using these services, it is deemed that you accept all and any of the terms and conditions specified in the Agreement. The Agreement constitutes the entire agreement between you and Phable Care and governs your use of the Platform's Service, superseding any prior agreements between you and Phable Care.

 

 

2.           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 regular 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 timely alerts 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 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.

·       Phable is not an emergency care platform. The Platform is designed to act as a health companion for patients to manage their ailment at home. In case a Patient is facing any severe symptoms, injury, or other acute conditions, the Patient is expected to visit the nearest physician/hospital instead of logging on to the Platform and waiting for their doctor's feedback. When a Patient logs a value or reports any symptoms which are considered severe, the Platform suggests / notifies a Patient to see a doctor immediately and Patient should not expect any real-time support from their doctor. The Platform sends timely alerts to doctors about patient's health progress. Doctors may monitor these alerts at their convenience and may provide feedback to the patient based on the same as and when they view the alerts. However, responding to such alerts is purely a voluntary service and not an obligation upon the doctor and hence, doctors may or may not view or respond to the alerts sent by the Platform within any specified period of time. Patients are advised to visit a doctor/hospital immediately in case of any severe or acute symptoms.

·       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.

 

3.           ACCESS AND TRANSMISSION OF CONTENTS OF THE PLATFORM

 

1.     The Platform may provide generic and general information to persons who casually visit / peruse the Platform. The Platform shall only provide its services to Users that register with the Platform.

 

  1. Registered Users must necessarily create a personal profile in order to use the Platform. Phable Care strives to ensure the confidentiality and security of each personal profile of registered Users. The personal profile created by such Users may require certain personal information, including sensitive personal information. Phable Care does not generate or provide any information on behalf of any User. The User is wholly responsible for accuracy and correctness of the information shared or uploaded by him / her and for the creation of an accurate profile. The User shall also be responsible for ensuring that the details of all medical devices used by him / her are correctly and accurately provided to the Platform.
  1. Phable Care may collect, collate and organize data from different devices owned or used by the User and integrate the same into a collective document / page that may be viewed by the User as well as persons authorized by the User to have access to the integrated information / data, including doctors, hospitals or other trained healthcare professionals.
  1. No person without the express consent of the User shall have access to the content, data or personal information of a User. However, demographic data in respect of Users may be shared by Phable Care with its trusted third parties, business partners, affiliates or other entities.
  1. Phable Care does not access your personal information. Phable Care uses proprietary software and technology to remotely analyse data and present the same in a manner easily perceptible or comprehensible to natural persons and healthcare professionals.
  1. You acknowledge and agree that your personal data may be stored using cloud services or off-shore. Such data may be transmitted to secure local servers and / or to devices or individual persons who have been authorized by Phable Care or by the User to receive such information.
  1. You acknowledge and agree that Phable care will have the right to de-register you or delete your profile from the platform if you use the Site for any other purpose other than its intended use.
  1. Your Use of the Content of the Platform : All the Content available for public access on this Platform is protected by copyright. Your use of the Content must therefore adhere to the following terms :

                    i.         Any downloading of Content is unauthorised and / or prohibited.

                  ii.         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.

                iii.         You may not make any Content item originating from the Platform available for public access by any means whatsoever without obtaining prior written permission from this Platform.

                 iv.         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.

                   v.         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.

                 vi.         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

               vii.         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.`

             viii.         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.

                 ix.         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.

 

9.     Feedback:

                      i.      You are solely responsible for the content of any transmissions you make to the platform and any materials / data / information you add to the Platform, including but not limited to transmissions like your reviews, ratings and comments posted by you (the "feedback"). Phable Care does not endorse or accept any of your feedback as representative of their (Phable Care’s) views. By transmitting any public feedback to the Website, you grant Phable Care an irrevocable, non-exclusive, worldwide, perpetual, unrestricted, royalty-free license (with the right to sublicense) to use, reproduce, distribute, publicly display, publicly perform, adapt, modify, edit, create derivative works from, incorporate into one or more compilations and reproduce and distribute such compilations, and otherwise exploit such feedback, in all Platforms now known or later developed.

                    ii.       You confirm and warrant that you have the right to grant the aforementioned rights to Phable Care. You hereby waive and grant to Phable Care all rights including intellectual property rights and also moral rights in your feedback, posted on the Platform. Phable Care is free to use all your feedback as per its requirements from time to time. You represent and warrant that you own or otherwise control all of the rights to the content that you post as feedback; that the content is accurate; that use of the content you supply does not violate these Terms and will not cause injury to any person or entity. For removal of doubts it is clarified that, the reference to feedback would also mean to include the reviews, ratings and comments posted by your friend's tagged by you or who respond to your feedback. Also, Phable Care reserves the right to mask or unmask your identity in respect of the feedback posted by you.

                   iii.      Phable care 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:

1.     is obscene, indecent, pornographic, profane, sexually explicit, threatening, or abusive;

2.     constitutes or contains false or misleading indications of origin or statements of fact;

3.     slanders, libels, defames, disparages, or otherwise violates the legal rights of any third party;

4.     causes injury of any kind to any person or entity;

5.     infringes or violates the intellectual property rights (including copyright, patent and trademark rights), contract rights, trade secrets, privacy or publicity rights or any other rights of any third party;

6.     violates any applicable laws, rules, or regulations;

7.     contains software viruses or any other malicious code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

8.     impersonates another person or entity, or that collects or uses any information about Site visitors.

9.     It is also clarified that, if there are any issues or claims due to your feedback, then Phable Care reserves right to take appropriate legal action against you. Further, you shall indemnify and protect Phable Care against such claims or damages or any issues arising directly or indirectly due to your posting of such feedback. Phable Care takes no responsibility and assumes no liability for any content posted by you or any third party on the Platform.

 

                       iv.          You further acknowledge that conduct prohibited in connection with your use of the Platform includes, but is not limited to, breaching or attempting to breach the security of the Platform. You shall not under any circumstances view, download or share in any manner any personal information of any other User.

 

4.           PRIVACY POLICY

  1. DO NOT SEND US OR UPLOAD ANY CONFIDENTIAL OR PROPRIETARY INFORMATION.
  2. Except for any personally identifiable information that we agree to keep confidential as provided in our Privacy Policy, any material, including, but not limited to any service, feedback, data, answers, questions, comments, suggestions, ideas or the like, which you send to us will be treated as being non-confidential and non-proprietary. We assume no obligation to protect confidential or proprietary information (other than personally identifiable information) from disclosure and will be free to reproduce, use, and distribute the information to others without restriction. We will also be free to use any ideas, concepts, know-how or techniques contained in information that you send us for any purpose whatsoever including but not limited to developing, manufacturing and marketing products and services incorporating such information. You hereby provide your consent to Phable Care to view prescriptions prescribed by your doctor that are uploaded on the Site.
  3. Phable Care is committed to protecting the privacy and confidentiality of any personal information that it may request and receive from its members, Users, clients, business partners and other users of the Website. To read our privacy policy statement, please refer to the Privacy PolicyPhable Care tries to ensure that sensitive personal information of Users is not shared with any third party, except for persons authorized by the User to receive such information.

 

5.           DISCLAIMER OF WARRANTIES

  1. Your use of this Platform is at your own risk. This Platform is provided by Phable Care on an "as is" and "as available" basis. To the full extent permissible by applicable law, the Platform disclaims all warranties, express or implied, including, but not limited to, implied warranties of accuracy, precision and correctness of information collected or provided by the Platform.
  2. 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:
    1. This Platform and its services will meet your requirements.
    2. This Platform will be uninterrupted, timely, and secure or error free.
    3. The quality of any products, services, information or other material purchased or obtained by you though this Platform will meet your expectations, be reliable or accurate, and
    4. Errors in the software will be corrected within reasonable time.
    5. Doctors using the Platform will provide you feedback or medical advice in a timely manner or to your satisfaction.
  3. Your sole remedy for dissatisfaction with this Platform, site-related services and/or Content or information contained within the site is to stop using the site and/or its services.
  4. Any material downloaded or otherwise obtained through the use of this Platform is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the do.

 

6.           LIMITATION OF LIABILITY:

  1. In no event shall Phable Care be liable to any User on account of such User's use, misuse or reliance on the Platform for any damages whatsoever, including direct, special, punitive, indirect, consequential or incidental damages or damages for loss of profits, revenue, use, or data whether brought in warranty, contract, intellectual property infringement, tort (including negligence) or other theory, even if Phable Care are aware of or have been advised of the possibility of such damage, arising out of or connected with the use (or inability to use) or performance of the Platform, the materials or the internet generally, or the use (or inability to use), reliance upon or performance of any material contained in or accessed from any platforms. Phable Care does not assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product or process disclosed on the platforms or other material accessible from the platforms.
  2. The User of the Platform assumes all responsibility and risk for the Use of this Platform and the internet generally. The foregoing limitations shall apply notwithstanding any failure of the essential purpose of any limited remedy and to the fullest extent permitted under applicable law. Some countries do not allow the exclusion or limitation of liability of consequential or incidental damages, so the above exclusions may not apply to all users; in such countries liability is limited to the fullest extent permitted by law.
  3. Phable Care cannot authenticate or verify any of the data collected from any device owned or used by any User. Phable Care shall bear no liability whatsoever for any misinformation or inaccurate information provided by any device owned or used by any User, whether or not such information is relied upon by Phable Care and / or any healthcare professional. Phable Care shall not in any way be liable for any defect, flaw or deficiency in the device owned or used by any User or the data generated by such device.

 

7.           INDEMNITY

  1. You agree to indemnify, defend and hold Phable Care harmless from all claims, damages and expenses (including attorney's fees) made by any third party arising out of Content / feedback generated by you, your use of this Platform, your connection to this Platform, your violation of this Agreement, our Terms of Use or our Privacy Policy, and the development, operation, maintenance, use and Contents of your website

 

  1. You hereby agree to indemnify, defend and hold harmless Phable Care, its owner / proprietor, 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:
    1. Any violation by you of these Terms of Use.
    2. Any activity related to your account, be it by you or by any other person accessing your account with or without your consent unless such activity was caused by the act or default of Phable Care;
    3. If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Phable Care and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys' fees.
    4. Notwithstanding anything contrary contained elsewhere under this Terms of Use and without prejudice to other legal remedies available, Phable Care shall be entitled to claim appropriate sum towards damages and compensation from you and other responsible parties in case loss of profit due to Fraud.

 

  1. You agree to indemnify, defend and hold harmless doctors using the Platform in the event of any delay in response to any alerts generated by the Platform or in providing any medical advice / opinions to you through the Platform.

 

8.           MISCELLANEOUS

  1. Third Party Services :

                    i.         While using the Website / Platform, you may also be using the services of one or more third parties, such as wireless carrier or a mobile software provider. Your use of these third party services may be subject to the separate policies, Conditions of Use, Service Terms and fees of these third parties.

                  ii.         You shall be solely responsible for your mode of accessing the Website and such access may involve third party fees including airtime charges or internet service provider(s)’ charges, etc., which shall be exclusively borne by you.

b.     Change in terms of use :

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.

c.      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.

 

d.     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.

 

 

e.      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.

Phable Care, Oneco.work, 2/3, 2nd Floor, 80 Feet Road,Barleyz Junction, Koramangala, Bengaluru, Karnataka - 560 034.Email – phablecare@gmail.com

f.      Severability : Should one or more provisions of these Terms of Use be found to be unlawful, void or unenforceable, such provision(s) shall be deemed severable and will not affect the validity and/or enforceability of the remaining provisions of the Terms of Use, which will remain in full force and effect.

 

g.     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.

 

 

h.     Dispute Resolution: If any dispute, controversy or claim arises out of, or in relation to, or in connection with this Agreement or its termination or validity, the parties shall attempt to mutually resolve the same through mediation. However, if the parties fail to resolve the above dispute within a period of 30 days, the same shall be referred to binding Arbitration under the provisions of the Arbitration and Conciliation Act, 1996, as amended from time to time. The arbitration shall be conducted by a sole arbitrator, to be appointed exclusively by Phable Care. The place of arbitration shall be Bangalore, India and the arbitral proceedings shall be conducted in English.The award of the arbitrator shall be final, conclusive and binding upon the parties

 

i.       Entire Agreement : These Terms constitute the entire agreement between you and us with respect to the subject matter of these Terms and supersedes all prior written and all prior or contemporaneous oral communications regarding such subject matter. Accordingly, you should not rely on any representations or warranties that are not expressly set forth in these Terms.

Phable