You understand that there are inherent risks involved in receiving medical services over a mobile/computer platform, which include:
Information transmitted may not be sufficient (e.g., poor resolution of images) to allow for appropriate medical decision making by a Health Service Provider (HSP);
1. Your HSP may neither be able to provide medical treatment to You nor provide for or arrange for care that You may require in the case of an emergency;
2. Delays in medical evaluation and treatment could occur due to deficiencies or failures of the Application;
3. Security protocols could fail, causing a breach of privacy of Your confidential medical information.
4. A lack of access to complete medical records may result in errors in medical judgment.
User may expect the anticipated benefits from the Services provided by HSPs and its authorized representatives, but no results can be guaranteed. User’s condition may not be cured or improved, and in some cases, may get worse.
Ujala Commercials Limited (“UCL”) hereby disclaims any responsibility towards Users in terms of development, maintenance and updating of the Application.
Any modification, development, maintenance or updating of the Application and any modification, transfer, license or assignment of the rights in the Application shall be done by UCL as per its sole judgment and in its sole discretion.
The Application and Services provided by UCL is provided “as-is,” as available, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). To the fullest extent permitted by law, UCL disclaims all liability arising out of the User’s use or reliance upon the Application, the Services, the UCL Content, representations and warranties made by UCL or any opinion or suggestion given or expressed by UCL or its contractors and agents (including HSPs).
Specifically, UCL disclaims any liability arising out of:
- Any pre-existing medical condition; or
- Any adverse drug reaction (due to any act or omission based on information found on the Application, or otherwise); or
- Sudden escalation of a prior medical condition or medical situations that occur on account of omission of critical and material health information by a User.
UCL assumes no responsibility and shall not be liable for ways in which Your personal data is used. It is the responsibility of You alone to ensure that Your personal data is used in compliance to applicable privacy laws.
UCL assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the Application or the downloading of any material, data, text, images, video content, or audio content from the Application. If a User is dissatisfied with the Application, User’s sole remedy is to discontinue using the Application.
Neither UCL nor its contractors and agents (including HSPs) shall be liable to a User, monetarily or otherwise, for an occurrence wherein no medical or procedural negligence of UCL or its contractors and agents is proven.
Use of the Application does not include the provision of a computer or mobile device or other necessary equipment to access it. To use the Application You will require internet connectivity and appropriate telecommunication links. UCL shall not have any responsibility or liability for costs incurred in procuring any equipment or telephone or other costs you may incur in connection with the use of the Application.
Information regarding HSP and Services
Information regarding HSP and UCL Services is intended for general reference purposes only. Such information often changes frequently and may become out of date or inaccurate. You are encouraged to independently verify any such information You see on the Application with respect to a HSP that You seek to engage through the Application.
UCL Disclaims Any Representation And/Or Warranty For The Security, Reliability, Quality, Timeliness, And Performance Of (I) The Application And Its Features; (II) HSP Information On The Application;
(III) Any Service Information, Content Or Advice Available On Or Received Through The Application
(IV) Access To Or Alteration Of User Content Or UCL Content (V) Transmissions Or Data And (VI) Any Other Matter Relating To The Application And / Or Services.
UCL makes no warranty or representation that any errors in the application will be corrected except as required by law.
UCL Assumes No Responsibility And/Or Liability With Respect To Any Information Which You Or A HSP May Post On The Application And You Are Solely Responsible For Such User Content Posted On The Site.
You agree that the open and real-time nature of the platform make it impossible for UCL to vouch for the validity, authenticity and honesty of user content. UCL Is Not Responsible for Any User Content On The Application, Or For The Consequences Of You Reading Or Relying On Such Content.
UCL does not provide any guarantee and shall not be held liable or responsible for the failure to send any communication, notification or reminder to you whether as a feature of the application or not.
UCL shall not be responsible or liable for any breach or loss of data including personal information caused due to events beyond the control of UCL due to technical reasons or third party actions.
- INTELLECTUAL PROPERTY RIGHTS
Ujala Commercials Limited (UCL) respects the intellectual property rights of others, and We expect the same from You. The Application, User Content and the UCL Content are protected by applicable intellectual property laws.
UCL’s Rights to the Application and UCL Content:
All intellectual property in and to the Application and all software, techniques and processes used in connection with the aforesaid, belongs exclusively to UCL or its licensors. As a User, You are granted a limited, non-exclusive, non-transferable license to access and use the Application as per the terms of the Agreement. Through Your use of the Application, by no means are any intellectual property rights impliedly or expressly granted by UCL to you in respect of such works.
UCL and/or its licensors assert all proprietary rights in and to all names and trademarks contained in the Application. Notwithstanding the generality of the foregoing, the name and logo of “Be- Swasth” is/are the trademarks and copyright (inclusive of any other applicable intellectual property right) of UCL and/or its licensors. Any use of such name or logo, unless otherwise authorized in a written agreement, will constitute an infringement upon the trademark and copyright (or any other such intellectual property right) of UCL and/or its licensors and may be actionable under applicable laws.
Except as stated otherwise in this Agreement, all UCL Content (including all intellectual property rights to such content) is owned exclusively by UCL and/or its licensors.
When You use the Application in accordance with this Agreement, a limited royalty-free right is granted to You by UCL to use UCL Content only for personal and non-commercial use in India for the term of the Agreement.
Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring on You any license to intellectual property rights, whether by estoppel, implication, or otherwise.
Unless expressly authorized by UCL, You agree not to reproduce, modify, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the UCL Content, in whole or in part, by any means. You must not remove or modify any copyright or trademark notice, or other notice of ownership.
Rights in User Content:
You agree that You are the sole owner of all rights (including all intellectual property rights) in the User Content that You post on the Application or provide to UCL.