These Terms and Conditions / Terms of Service (“TOS”) apply to the access and use of all of our web and mobile based applications, which are collectively referred to as “Platforms”, and use of our products and services provided through the Platforms (“Services”). The Platforms are owned, managed, and operated by Jeevan Amrut Haematology Centre having its registered office at Plot No - 76, 312 313, Jalgaon Rd, near Bhakti Ganesh (Kala Ganpati Mandir, Sector C, Bhakti Nagar, N 1, Cidco, Chhatrapati Sambhajinagar, Maharashtra 431005. Phone: 099071 04104. Website: https://jeevanamrut.co.in/ (hereinafter referred as “us”/ “we”/ “Jeevan Amrut Haematology Centre”/ “Company”).

These TOS govern the use of the Platforms and Services by you, the registered medical practitioners having valid credentials and having registered with the Medical Council of India or any successor organisation as may be notified in the future (“Doctors”), your staff (“Staff”), and the patients and end users who are using the Platforms (“Patients”). Patients, Staff and Doctors are jointly referred to as “Users” or “you”. By accessing or using the Platforms, registering for Services offered on the Platforms, or by accepting, uploading, submitting or downloading any information or content from or to the Platforms, you shall have agreed to these TOS.

If you do not agree to be bound by all of these TOS, we request you not to use the Platforms.

Acceptance of Terms

Your use of the Platforms is subject to these TOS, which may be updated, amended, modified or revised by Jeevan Amrut from time to time without any notice to you. It is important for you to refer to these TOS from time to time to make sure that you are aware of any additions, revisions, amendments or modifications that we may have made to these TOS.

Your use of the Platforms and engagement with Jeevan Amrut constitutes your acceptance of these TOS. Your use of the Services herein is under a limited, non-transferable, non-licensable, non-assignable licence to use the Services granted by Jeevan Amrut Haematology Centre only for the purposes mentioned herein.

Use of Services

The Platforms and Services are designed to assist Doctors to store, obtain and review health information of the Patients who visit their clinics or hospitals. The Doctor can review health information such as the Patient’s vitals, medical reports, medical records, medical images, and other relevant data (“Data”) and provide feedback, advice, suggestions or any other information that may be relevant to the Patient.

The Platforms and Services are designed to allow Doctors to seamlessly access their Patient Data via the Platforms and use the Data to provide healthcare services to the Patients. We endeavour to provide a functional and convenient Service through our Platforms, but we do not guarantee that your web browser or mobile device will be compatible with the Platforms or the Services, or that the Platforms and Services will be available uninterrupted, or that any content will be error free.

Jeevan Amrut is not responsible for any interruption in Services or availability of Platforms due to, but not limited to, changes or updates in individual clinic’s practice, network failure, or any other technical incident. Jeevan Amrut reserves the right, at its sole discretion, to modify or replace all or any part of the TOS, including pricing and payment terms, or change, suspend, or discontinue all or any part of the Services or Platforms at any time by posting a notice on the Platforms or by informing you through any other modes of communication.

The Platforms may collect and store demographic, financial, health records and any other type of information that you may provide. This information is collected, stored and processed as per our Privacy Policy published on the Platforms. Doctors represent and warrant that they have taken the appropriate consent from Patients before storing or sharing with any third parties any of the Patients’ information including personally identifiable information, health records, demographic information and financial information.

The Patients, by accessing the Platforms, consent and agree that the Platform may store their personal information including but not limited to contact information, demographic data, health records and medical history. The Platform may use this information for purposes as per our Privacy Policy published on the Platforms.

Registration

As part of the registration process you may need to create an account, including a username and password. It is your responsibility to ensure that the information you provide is accurate, not misleading and secure. You shall be responsible for keeping your credentials in safe custody.

Jeevan Amrut will not be liable for any losses or claims arising out of misuse of Platforms or Services accessed with your credentials. You cannot create an account or username and password using the names and information of another person, or using words that are the trademarks or property of another party, or words that are vulgar, obscene or otherwise inappropriate. We reserve the right, with or without notice, to suspend or terminate any account in breach.

Doctors represent and warrant that they are licensed medical practitioners registered with the Medical Council of India (MCI) and there are no legal or regulatory impediments which prevent them from practising medicine in India.

Data Confidentiality

a. Responsibility of Doctors and Staff: Through your use of the Platforms, you shall have access to sensitive and valuable Data of the Users which may include medical records, medical information, personal information or any other information as may be required. Doctors and their Staff agree to treat as confidential all Data that they have been provided access to and shall make their best efforts to maintain the confidentiality of such Data.

Doctors and their Staff should be aware of the Patient confidentiality requirements and observe all caution and the applicable duty of care in provision of services under these TOS. The Data provided by the Patient or entered by the Doctor or the Staff is presented to the Doctors in an “as-is” manner and the Platforms do not make any warranties or representations on the accuracy and correctness of the Data.

b. Restrictions on Use of Platforms: Doctors and Staff agree that they shall not, and shall not permit anyone to:

Copy or republish the Platforms, except as may be expressly permitted herein.
Make the Platforms available to any person other than authorized personnel.
Remove, modify or obscure any copyright, trademark or other proprietary notices contained in the Platforms.
Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Platforms.
Access the Platforms in order to build a similar or competitive product.
Access or attempt to access the Platforms, materials or services by any means other than through the interface provided by the Company.
Use any deep-link, robot, spider, automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platforms or content.
Attempt to gain unauthorized access to any portion or feature of the Platforms, any other systems or networks connected to the Platforms, any Company server, or any services offered on or through the Platforms by hacking, password mining or any other illegitimate means.
Probe, scan or test the vulnerability of the Platforms or any network connected to the Platforms, or breach the security or authentication measures on the Platforms or any network connected to the Platforms.
Disrupt or interfere with the security of, or otherwise cause harm to, the Platforms, system resources, accounts, passwords, servers or networks connected to or accessible through the Platforms or any affiliated or linked sites.

In case of breach of this provision, all parties including but not limited to Users shall be liable to pay the Company a pre-agreed liquidated damages amount of INR 1,00,00,000 (One Crore only), subject to applicable law.

c. Non-Disclosure by Jeevan Amrut: The Company shall not share the Data with other doctors, clinics or hospitals. In other words, the Company shall not engage in any activity that can be construed as “poaching of patients”. Jeevan Amrut will store the Data on a secure cloud infrastructure and/or third-party servers chosen by Jeevan Amrut or built by Jeevan Amrut. Jeevan Amrut is committed to protecting the identity of the Users.

The following security procedures have been put in place by us to protect Data:

Access to the Services is only after the user enters the username and password and the credentials are successfully authenticated.
Users are fully and solely responsible for any use of the Platforms or Services while accessing them using their username and password.
To prevent impersonation, passwords are never stored in plain text format on our servers.
The communication between your device and our servers will be through a secure HTTPS connection.
A secure session is established with the help of a session token for providing access to the Patient Data after successful authentication.
Role-based access may be applied to the database depending on the roles assigned by the Doctor to his/her Staff.
Within our server, we use Advanced Encryption Standard (AES) and multi-level security and authentication checks to protect confidential Data.

Personally identifiable patient information is always kept strictly confidential and is never disclosed to any third party except as provided under our Privacy Policy. We reserve the right to access, read, preserve, and disclose any information that we reasonably believe is necessary to comply with law or court order; enforce or apply our conditions of use and other agreements; or protect the rights, property, or safety of the Company, our employees, our Users, or others.

The Company may also use the data in de-identified and aggregated form for the following purposes without violating the relevant data privacy and data security laws of India:

For research, publications, statistical analysis, and generating Real World Evidence (RWE) algorithmically.
For communication purposes to provide Doctors a better way of communicating with patients by means of SMS or emails.
For debugging customer support related issues.
For improving the algorithms of the Company’s EMR to make it faster, efficient and reliable.
For enhancing Clinical Decision Support software developed by the Company.
For communicating about new Services and offerings by the Company or its partners with the Users.

De-Identified Data

For the purposes of this Agreement, “De-Identified Data” refers to health-related information that has been processed to remove personal identifiers or other information that could reasonably identify an individual. This includes the removal or alteration of direct identifiers such as names, addresses and medical record numbers, as well as indirect identifiers such as dates of birth and other data points that could potentially be used, in combination with other data, to re-identify an individual.

De-Identified Data is anonymized in such a way that it cannot reasonably be re-identified, either alone or in combination with other available information.

The Company may use, share, or analyse De-Identified Data for purposes including, but not limited to, research, analytics, product development, and other business operations, subject to applicable laws.

Data Ownership

Ownership of personal data: Users retain ownership of any personal data provided to the Company in connection with our Services, subject to the rights and permissions you grant us under this TOS.

Ownership of De-Identified Data: The Company owns all rights, title, and interest in and to any data that has been de-identified or aggregated, as defined under applicable laws.

Communication

You agree to receive communications through emails, telephone, mobile phone and/or SMS from Jeevan Amrut or its third-party vendors, business partners or third-party service providers regarding the Services, service updates, transactional and/or promotional emails and/or any announcements.

In this context, you agree and provide your consent to receive all communications at the mobile number provided to Jeevan Amrut, even if this mobile number is registered under the DND/NCPR list under Telecom Regulatory Authority of India (TRAI) laws, rules and regulations. For that purpose, you further authorise Jeevan Amrut to share/disclose the information to any third-party service provider or any affiliates, group companies, their authorised agents or third-party service providers.

You also agree that in accordance with applicable TRAI laws, rules and regulations:

Each time you visit, transact or login to your account on the Platforms, it shall be regarded as a verifiable request from you pertaining to receipt of our Services and activities.
Each time you visit, login or transact on the Platforms, it will be deemed to be a fresh request from you for continuing to receive communication from Jeevan Amrut.
In case you do not wish to receive any communication from us or wish to provide feedback about the Services, you can mail us at contact@jeevanamrut.co.in.

Jeevan Amrut will retain and use your information as necessary to comply with our legal obligations, resolve disputes and enforce our agreements entered into for providing Services and ancillary services.

Termination

Jeevan Amrut may terminate your access to all or any part of the Platforms or Services at any time if you fail to comply with these TOS. This may result in the forfeiture and destruction of all information associated with your membership and will immediately terminate your ability to provide services through the Platforms.

All provisions of the TOS which by their nature should survive termination shall survive termination, including, without limitation, warranty disclaimers, indemnity and limitations of liability. In the event of discontinuation of Services, Jeevan Amrut, at its discretion, will make reasonable efforts to help you take a backup of your Data in a suitable electronic format.

Disclaimer

The Platforms, including without limitation any content, are provided “as is” and “as available” and without warranty of any kind, express or implied, including but not limited to the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed.

Jeevan Amrut and its directors, employees, agents, suppliers, sponsors and partners do not warrant that: (a) the Service will be secure or available at any particular time or location; (b) any defects or errors will be corrected; (c) any content or software available at or through the Service is free of viruses or other harmful components; or (d) the results of using the Service will meet your requirements. Your use of the Service is solely at your own risk.

Indemnification

You shall defend, indemnify, and hold harmless Jeevan Amrut, its affiliates, subsidiaries, JV partners and each of its employees, contractors, directors, suppliers and representatives from all liabilities, losses, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to (i) your use or misuse of, or access to, the Platforms or Services, or (ii) your violation of the TOS or any applicable law, contract, policy, regulation or other obligation.

Jeevan Amrut reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Jeevan Amrut in connection therewith.

Limitation of Liability

To the fullest extent permitted by law, in no event shall Jeevan Amrut, nor its directors, employees, agents, sponsors, partners, suppliers, content providers, licensors or resellers, be liable under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the Service for any lost profits, data loss, loss of goodwill or opportunity, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever.

To the fullest extent permitted by law, Jeevan Amrut shall not be liable for any matter beyond its reasonable control, even if Jeevan Amrut has been advised of the possibility of the aforementioned damages.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of India without regard to the conflict of laws provisions thereof. All claims, differences and disputes arising under or in connection with or in relation to the Website, the Terms or any transactions entered into on or through the Website shall be subject to the exclusive jurisdiction of the courts at Chhatrapati Sambhajinagar, Maharashtra, India, unless otherwise required by applicable law.

Miscellaneous

The TOS are the entire agreement between you and Jeevan Amrut with respect to the use of the Platforms or the Services, and supersede all prior or contemporaneous communications and proposals, whether oral, written or electronic, between you and Jeevan Amrut with respect to the use of the Platforms or the Services provided.

If any provision of the TOS is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the TOS will otherwise remain in full force and effect and enforceable.

The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. The TOS are personal to you, and are not assignable or transferable by you except with the Company’s prior written consent. Jeevan Amrut may assign, transfer or delegate any of its rights and obligations hereunder without consent.

No agency, partnership, joint venture, or employment relationship is created as a result of the TOS and neither party has any authority of any kind to bind the other in any respect.

All notices under the TOS will be in writing and will be deemed to have been duly given when received if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed if transmitted by e-mail; or two days after it is sent if sent for next day delivery by a recognized overnight delivery service.

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