TERMS OF SERVICE
cSoft Technologies Pvt Ltd, referred to as the “Company” (where such expression shall, unless repugnant to the context thereof, be deemed to include its respective legal heirs, representatives, administrators, permitted successors and assigns). This document contains information about the website and subdomains of https://www.myhealthscore.app , hereinafter referred to as the “Platform”
The Users further represents that they will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations. ii. The User operates the account and avails the services solely for his personal purposes without any ulterior motives or intent to cheat the Platform, Company or their affiliates. iii. The Users may not use the Platform if they are not competent to contract or are disqualified from doing so by any other applicable law, rule or regulation currently in force.
All text, graphics, User interfaces, visual interfaces, photographs, trademarks, logos, brand names, descriptions, sounds, music and artwork (collectively, ‘Content’), is generated/provided by Platform and the Platform Owner has control over it and assures a reasonable quality, the accuracy, integrity or genuineness of the services provided through the Platform. b. All the Content displayed on the Platform is subject to copyright and shall not be reused by any party (or a third party) without the prior written consent of the Company and the copyright owner. c. All the content that has been uploaded by the Users or the Health care service Providers, the onus for the authenticity of the same will lie solely with them and the Platform nor the Company shall not be liable for any discrepancy with such content or any consequences arising therefrom. d. The Users are solely responsible for the integrity, authenticity, quality and genuineness of the feedback and comments by Users can be made via the Platform, the Platform bears no liability whatsoever for any feedback or comments made by the Users or made in respect of any of the content on the Platform. Further, the Platform reserves its right to suspend the account of any User for an indefinite period to be decided at the discretion of the Platform or to terminate the account of any User who is found to have created or shared or submitted any Content or part thereof that is found to be untrue/inaccurate/misleading or offensive/vulgar. e. The User shall be solely responsible for making good any financial or legal losses incurred through the creation/sharing/submission of Content or part thereof that is deemed to be untrue/inaccurate/misleading. f. The Users have a personal, non-exclusive, non-transferable, revocable, limited privilege to access the Content on the Platform. Users shall not copy, adapt, and modify any content without written permission of the Company.
These Terms shall continue to form a valid and binding contract between the Parties and shall continue to be in full force and effect until the User continues to access and use the Platforms. b. The Users may terminate their use of the Platform at any time. c. The Company may terminate these Terms and close a User’s account at any time without notice and/or suspend or terminate a User’s access to the Platform at any time and for any reason, if any discrepancy or legal issue arises. d. Such suspension or termination shall not limit our right to take any other action against you that the Company considers appropriate. e. It is also hereby declared that the Company may discontinue the Services and Platforms without any prior notice.
By using this Platform and providing his/her identity and contact information to the Company through the Platform, the Users hereby agree and consent to receive calls, e-mails or SMS from the Company and/or any of its representatives at any time.
7. USER OBLIGATIONS AND FORMAL UNDERTAKINGS AS TO CONDUCT
The User further undertakes not to:
The User hereby expressly authorizes the Company/Platform Owner to disclose any and all information relating to the User in the possession of the Company/Platform Owner to law enforcement or other government officials, as the Company may in its sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those involve personal injury and theft/infringement of intellectual property. The User further understands that the Company/Platform Owner might be directed to disclose any information (including the identity of persons providing information or materials on the Platform) as necessary to satisfy any judicial Order, law, regulation or valid governmental request. k. By indicating User’s acceptance to purchase service offered on the Platform, the user is obligated to complete such transactions after making payment. Users shall prohibit from indicating their acceptance to avail services where the transactions have remained incomplete. l. The User agrees to use the services provided by the Company, its affiliates, consultants and contracted companies, for lawful purposes only. m. The User agrees to provide authentic and true information. The Company reserves the right to confirm and validate the information and other details provided by the User at any point of time. If upon confirmation such User details are found to be false, not to be true (wholly or partly), the Company shall in its sole discretion reject the registration and debar the User from using the Services available on its Platform, and/or other affiliated platform without prior intimation whatsoever. n. The User agrees not to post any material on the Platform that is defamatory, offensive, obscene, indecent, abusive, or needlessly distressful, or advertising any goods or services. More specifically, the User agrees not to host, display, upload, update, publish, modify, transmit, or in any manner share any information that: i. belongs to another person and to which the User has no right to; ii. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; iii. is in any way harmful to minors; iv. infringes any patent, trademark, copyright or other proprietary rights; v. violates any law for the time being in force; vi. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; vii. Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others; viii. Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity; ix. Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986; x. Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
8. SUSPENSION OF USER ACCESS AND ACTIVITY
Notwithstanding other legal remedies that may be available, the Company may in its sole discretion, limit the User’s access and/or activity by immediately removing the User’s access credentials either temporarily or indefinitely, or suspend/terminate the User’s association with the Platform, and/or refuse to usage of the Platform to the User, without being required to provide the User with notice or cause: a. If the User is in breach any of these Terms or the Policy; b. If the User has provided wrong, inaccurate, incomplete or incorrect information; c. If the User’s actions may cause any harm, damage or loss to the other Users or to the Company, at the sole discretion of the Company.
10. LIMITATION OF LIABILITY
The Founders/ Promoters/ Partners/ Associated people of the Company/Platform are not responsible for any consequences arising out of the following events: i. If the Platform is inoperative/non-responsive due to any connectivity errors associated with the internet connection such as but not limited to slow connectivity, no connectivity, server failure; ii. If the User has fed incorrect information or data or for any deletion of data; iii. If there is an undue delay or inability to communicate through email, chat, audio or video; iv. If there is any deficiency or defect in the Services managed by Us; v. If there is a failure in the functioning of any other service provided by the Platform. b. The Platform accepts no liability for any errors or omissions, on behalf of itself, or for any damage caused to the User, the User’s belongings, or to any third party, resulting from the use or misuse of the Platform or any service availed of by the User through the Platform. The service and any Content or material displayed on the service is provided without any guarantees, conditions or warranties as to its accuracy, suitability, completeness or reliability. The Platform will not be liable to you for the unavailability or failure of the Platform. c. Users are to comply with all laws applicable to them or to their activities, and with all Policies, which are hereby incorporated into this Agreement by reference. d. The Platform expressly excludes any liability for any loss or damage that was not reasonably foreseeable by the Platform and which is incurred by you in connection with the Platform, including loss of profits; and any loss or damage incurred by you as a result of your breach of these terms. e. To the fullest extent permitted by law, the Platform shall not be liable to you or any other party for any loss or damage, regardless of the form of action or basis of any claim. You acknowledge and agree that your sole and exclusive remedy for any dispute with us is to terminate your use of the Platform.
11. INTELLECTUAL PROPERTY RIGHTS
Unless expressly agreed to in writing, nothing contained herein shall give the User a right to use any of the Platform’s, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports and other distinctive brand features, save according to the provisions of these Terms. All logos, trademarks, brand names, service marks, domain names, including material, designs, and graphics created by and developed by the Platform Owner and other distinctive brand features of the Platform are the property of the Platform Owner or the respective copyright or trademark owner. Furthermore, with respect to the Platform created by the Platform Owner, the Platform Owner shall be the exclusive owner of all the designs, graphics and the like, related to the Platform. The User may not use any of the intellectual property displayed on the Platform in any manner that is likely to cause confusion among existing or prospective Users of the Platform, or that in any manner disparages or discredits the Company/Platform Owner, to be determined in the sole discretion of the Company/Platform Owner. The User is aware all intellectual property, including but not limited to copyrights, relating to said Services resides with the owners, and that at no point does any such intellectual property stand transferred from the aforementioned creators to the Company, or to any other User. The User is aware that this is a Platform through which the Users can view/create medical records, bill transactions, communicate and schedule meetings, and the Platform does not own any of the intellectual property relating to the independent content displayed on the Platform, apart from originally created graphics and specified content. The User is further aware that any reproduction or infringement of the intellectual property of the aforementioned owners by the User will result in legal action being initiated against the User by the respective owners of the intellectual property so reproduced/infringed upon. It is agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
12. DISCLAIMER OF WARRANTIES AND LIABILITIES
The User agrees and undertakes that they are accessing the Platform at their sole risk and are that they are using their best and prudent judgment before availing any service listed on the Platform or accessing/using any information displayed thereon. b. The User agrees that any kind of information, resources, activities, recommendations obtained/availed from Platform, written or oral, will not create any warranty and the Platform disclaims all liabilities resulting from these. c. The Platform Owner does not guarantee that the Services contained in the Platform will be uninterrupted or error-free, or that the Platform or its server will be free of viruses or other harmful components, and the User hereby expressly accepts any and all associated risks involved with the User’s use of the Platform. d. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
13. FORCE MAJEURE
Neither the Company nor the Platform Owner shall be liable for damages for any delay or failure to perform its obligations hereunder if such delay or failure is due to cause beyond its control or without its fault or negligence, due to Force Majeure events including but not limited to acts of war, acts of God, earthquake, riot, fire, festive activities sabotage, labor shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized.
14. DISPUTE RESOLUTION AND JURISDICTION
Any and all communication relating to any dispute or grievance experienced by the User may be communicated to the Platform Owner by the User by emailing to “email@example.com”.