Original date: 30th November, 2023
Welcome to SHE!
Using the Application in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Application. If you donot agree to all of the following, you may not use or access the Applicationin any manner. You agree that you will only use the Applicationfor your own personal use, and not on behalf of any third party.
To use the Application, you should be at least 14 years of age, provided if you are 14 to 18 years of age you should use the Application with the consent of your guardian.
To be able to avail yourself of the services provided on the Application and for seamless use of the Application the user should ascertain that the device that you are using to access the services can support the Application. For IOS, a minimum version of 10 and for Android 12is required for the Application to work.
All visitors to the Application shall be deemed as “users” of the herein-contained Services provided for the purpose of this TOU.
The user acknowledges and agrees that the Services providedthrough the Application made available on any platform and downloadable programs are our sole property. At our discretion, we may offer additional Services and/or products, or update, modify, or revise any current Service, and this Agreement shall apply to all additional Services and/or products and all updated, modified, or revised Services unless otherwise stipulated. We hereby reserve the right to cancel and cease offering any of the Services and/or products. You, as the end user, acknowledge, accept, and agree that we shall not be held liable for any such updates, modifications, revisions, suspensions, or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes, and/or modifications, and as such, frequent review of this Agreement and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. If youdo not agree to the updated, revised, or modified terms, you must stop using the provided Services forthwith.
Furthermore, the user understands, acknowledges, and agrees that the Services offered shall be provided “AS IS”.
Creating an Account
The Application is an informational and educational application that provides a platform for the user to get important information relating to health.
To access the services provided on the Application you are required to register and create a profile on the Application with the following information:
- Mobile number
- Some basic health information
Once the above information is entered for registration,
- One Time Password is generated through a call or SMS.
The Application is available for use for free.
Navigating on the Application
After successfully registering, you, the user, may choose from the services available in the Application. On the Application, users may
- Evaluate their own health status.
- Calculate their BMI and understand its implications.
- Interact through an in-built chat option for advice and suggestions.
- Use any other service as added by us on the Application.
Intellectual Property and Reporting Infringement
We respect others’ intellectual property rights, and we reserve the right to delete or disable content alleged to be infringing and to terminate the accounts of repeat alleged infringers. You promise to abide by copyright notices, trademark rules, information, and other restrictions you may receive from us or that are posted on the Application.
If You Believe Content Available Through The Application Infringes A Copyright, Please Provide The Following Information To The Person Identified below:
- A physical or electronic signature of the copyright owner or authorized agent;
- Identification of the copyrighted work(s) claimed to have been infringed;
- Identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information regarding how we may contact you (e.g., mailing address, telephone number, e-mail address);
- A statement that the copyright owner or its authorized agent has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and made under penalty of perjury, and, if an agent is providing the notification, a statement that the agent is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You understand that we own the Application. These Terms don’t grant you any right, title, or interest in the Application,or our trademarks, logos, and other intellectual property.
Acceptable Use Policy
You are responsible for all your activity in connection with the Application. Due to the global nature of the internet, through the use of our network, you hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable Content. Make sure that you use the Application in a manner that complies with the law. If your use of the Application is prohibited by applicable laws, then you arenot authorized to use the Application. We can’t and won’t be responsible for you using the Application in a way that breaks the law.
You also agree that you will not use the Application in a manner that:
- Is fraudulent or threatening;
- Jeopardizes the security of your account or anyone else’s (such as allowing someone else to log into your account as you, or sharing your account or password with someone);
- Attempts, in any manner, to obtain the password, account, or other security information of any other user;
- Violates the security of any computer network, or cracks any passwords or security encryption codes;
- Runs any form of auto-responder or “spam” on the Application, or any processes that run or are activated while you are not logged into the Application, or that otherwise interferes with the proper working of the Application (including placing an unreasonable load on the Application infrastructure);
- “Crawls,” “scrapes,” or “spiders” any page, data, or portion of the Application (through the use of manual or automated means);
- Copies or stores any significant portion of the content on the Application;
- Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Application;
- Replicates, duplicates, copies, trades, sells, resells nor exploits for any commercial reason any part, use of, or access to the Application.
Violation of any of the acceptable use policies may result in the deletion or suspension of your account. We will give you notice before deleting your account but suspension of the account for any length of time might be done without prior notice.
Third-Party Content: The applicationmay contain links or connections to third-party websites or services that are not owned or controlled by us. We have no control over and assume no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites. You release and hold us harmless from any and all liability arising from your use of any third-party website or service.
In the event that you have a dispute with one or more other users of the Application or with a third party, you release us, our officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or the Application.
Terminating Your Account
Failure to follow any of these Terms shall constitute a breach of these Terms, which may result in immediate termination of your account. Wehave the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
We are free to terminate (or suspend access to) your use of your account, for any reason at our discretion. We will try to provide advance notice to you prior to our terminating your account, but we may not do so if we determine it would be impractical, illegal, not in the interest of someone’s safety or security, or otherwise harmful to our rights or property.
You have the right to delete your account at any time. When you delete your account, any information associated with that account will also be deleted.
You agree that some of the obligations in these Terms will be in force even after you terminate your account. All of the following terms will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, terms regarding disputes between us, and any other terms that, by their nature, should survive termination of these Terms.
If you have deleted your account by mistake, contact us immediately email@example.com . we will try to help, but unfortunately, we can’t promise that we can recover or restore your account.
Privacy on SHE
You do hereby acknowledge and agree that the Application’s Services and any essential software that may be used in connection with our Services (“Software”) shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content that may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents, or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by us or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform, and/or created any plagiaristic works which are based on our Services (e.g., Content or Software), in whole or part.
We herein have granted your personal, non-transferable, and non-exclusive rights and/or license to make use of our Software on a single system, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature, or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface which is provided by us for use in accessing our Services.
You herein acknowledge, understand, and agree that all of our trademarks, copyrights, trade names, service marks, and other Digital Health Associates Private Limited logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain our property. You herein agree not to display and/or use in any manner the Application logo or marks without obtaining our prior written consent.
Changes to the Terms
We are constantly trying to improve our products and services, so these Terms may need to change along with improvements. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice and a notification on the Application.
If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Application. If you use the Application in any way after a change to the Terms is effective and notice has been provided, that means you agree to all of the changes.
Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and posted on this link.
The Application is provided to you on an “as-is” basis. This means we provide it to you without any express or implied warranties of any kind. That includes any implied warranties of merchantability, fitness for a particular purpose, non-infringement, or any warranty that the use of the Application will be uninterrupted or error-free.
Any information or material downloaded or otherwise obtained by way of services or software of the Application shall be accessed at your sole discretion and sole risk, and as such you shall be solely responsible for and hereby waive any and all claims and causes of action with respect to any damage to your computer and/or internet access, downloading and/or displaying, or for any loss of data that could result from the download of any such information or material.
Services are provided through the Application without any warranty of any kind from us.
Limitation of Liability
To the fullest extent allowed by applicable law, under no circumstances and under no legal theory shall we, our licensors, or our suppliers be liable to you or to any other person for:
- Any indirect, special, incidental, or consequential damages of any kind, or
- Any amount, in the aggregate, in excess of the greater of INR 1,000 or
- The amounts paid and/or payable by you to us in connection with the Application in the twelve-month period preceding the applicable claim after deducting the payments for the services utilize.
You may not assign, delegate, or transfer these Terms or your rights or obligations hereunder, or your account, in any way (by operation of law or otherwise) without our prior written consent if not explicitly permitted by law. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Choice of Law
These Terms are governed by and will be construed under applicable laws of India, without regard to the conflicts of law provisions thereof.
Dispute Resolution and Arbitration
Any dispute arising from or relating to the subject matter of these Terms shall be resolved through the following methods:
- An escalation that will be addressed by the company representative.
- Executive escalation that will be addressed by a senior executive of the company.
- Consumer court at customer discretion within the jurisdiction of Mumbai, Maharashtra.
Any dispute that remains unresolved through the above mechanism shall be finally settled by arbitration in Mumbai, Maharashtra, India, in accordance with the Indian Arbitration and Conciliation Act, 1996. For all purposes of these Terms, you consent to the exclusive jurisdiction of the courts in Mumbai, Maharashtra, India.
No Third-Party Beneficiaries
As a user, you agree there are no third-party beneficiaries intended under these Terms.
No Joint Venture
You hereby acknowledge and agree that you are not our employee, agent, partner, or joint venture and you do not have any authority of any kind to bind us in any respect whatsoever.
The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder.
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable.
You agree that these Terms are the complete and exclusive statement of the mutual understanding between you and us, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms.
Flat 102, Plot-3, Sec-14, Siddhivinayak, New Panvel, Navi Mumbai, Mumbai City, Maharashtra – 410206