TERMS AND CONDITIONS

Effective date: [--]-2020

THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF THE INFORMATION TECHNOLOGY ACT, 2000 AND RULES THERE UNDER IN FORCE, AND THE PROVISIONS PERTAINING TO ELECTRONIC RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000 FROM TIME TO TIME. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES FOR VALIDATION, CONSENT OR ACCEPTANCE.

BY USING AND/OR VISITING THIS APPLICATION AND/OR USING THE SERVICES OF SAVIOURSBADGE HEALTHCARE PRIVATE LIMITED YOU SIGNIFY YOUR ASSENT TO THESE TERMS AND CONDITIONS.  IF YOU DO NOT AGREE TO ANY OF THESE TERMS, THEN PLEASE DO NOT USE THE APPLICATION OR THE SERVICES OF SAVIOURSBADGE HEALTHCARE PRIVATE LIMITED.  

DEFINITIONS

APPLICATION/APP: "Application/App" means the Savioursbadge, platform, the mobile application or the algorithm created, developed, designed and made available by SAVIOURSBADGE HEALTHCARE PRIVATE LIMITED .

Health Care Organization: “Health Care Organization” shall mean[--]

License: “License” shall mean medical license to practice modern medicine (Allopathy) authorised by Government of India

MEDICAL PRACTIONERS: “Medical Practitioners” shall mean only person holding a degree such as M.B.B.S (Bachelor of medicine, bachelor of surgery )and B.D.S (Bachelor of Dental Surgery) in modern medicine (Allopathy) recognized by Indian Government.

PATIENT HEALTH INFORMATION: “Patient Health information” shall mean health records such as prescription issued medical practitioner and test reports.

PERSONAL INFORMATION: "Personal information" shall mean any information about the user provided by the user and obtained by SAVIOURSBADGE  in relation to the application.

SAVIOURSBADGE: “ Savioursbadge” is a patient management software involved in the service of facilitating health professionals to manage their services.

SERVICES: "Services" shall means any service offered or rendered by SAVIOURBADGE or its affiliates.

TEAM USER: “ Team User” shall mean any employee of the Health Care Center authorized to operate SAVIOURSBADGE behalf of them.

USER ACCOUNT: "User Account" shall mean the registered Application account of the User with SAVIOURSBADGE for use of the Application and services offered by SAVIOURSBADGE .

USER DATA: "User Data" shall include any data, Patient health information, Patient History, Patient details, of the User.

WEBSITE: "Website" shall mean www.savioursbadge.com, www.savioursbadge.in_or such other website SAVIOURSBADGE  notifies for the purposes of this terms.

YOU/YOUR/USER: "You/Your/User" shall mean any person who accesses, downloads, installs, utilizes, operates or views the Application or Services offered by SAVIOURSBADGE.

PURPOSE

This Application is a tool which help medical practitioners to maintain health records of their patients and to facilitate to  communicate, scheduling, administrative and data managing capabilities. This Application also helps the medical practitioners to share, discuss and conduct meeting among themselves and share knowledge .

This policy is applicable on all the present as well as prospective Users who uses or wishes to use the Application and Services offered by SAVIOURSBADGE  through proper registration. It lays down the procedure that we follow to collect information and maintaining a record of our Users. It is the duty of the User to provide necessary personal information and does not abuse the relationship with SAVIOURSBADGE  for any illegal purposes. Any action, including those that might not have been foreseen and included in this policy, that has the effect of the abuse as contemplated above shall be restricted under this policy.

SAVIOURSBADGE reserves it right to suspend or terminate any action in favor of the User on suspicion of the User abusing the relationship as contemplated above.

Eligibility

The User must be medical practitioner possessing valid license.

User identification

SAVIOURSBADGE  collects the following basic information from its Users for its records: First Name, Last Name, E-Mail Address, gender, date of birth, Residential Address, Contact Number, Professional Qualification details, Medical Council/Practicing License No., Area of Practice, Years of Experience Picture of Permanent Account Number (PAN) Card/Picture of AADHAR Card.

SAVIOURSBADGE collects personal information of the users to ensure that the users do not misuse the content and information accessible in this Application.

USER ACCOUNT

In order to use the Application and avail the Services offered by SAVIOURSBADGE, the User must register for and maintain a user account. The User understands and agrees the following:

1. You are authorized medical practitioner / authorized representative of a licensed healthcare organization with the necessary healthcare practice license and legal approvals to provide medical  services to patients .

2. You take complete and sole responsibility in assigning authorized User accounts only to licensed healthcare providers and qualified healthcare support professionals in roles suitable to their area of responsibility; and you take complete responsibility in training your authorized Team Users in the correct usage of the application and its features .You are not impersonating any other person and are using your actual identity.

3. You authorize SAVIOURSBADGE to disclose personal information such as Name, educational qualification and years of experience to the registered User.

4. You are responsible for your own communication using SAVIOURSBADGE with other Users.

 

USER DATA

The User may submit information and content to the Savioursbadge Services, such as PHI (patient health information), healthcare services related data, communications and usage data, all of which qualifies as ‘User Data’ and is owned by the User .

By using this Application Users have access to view and update their health information data of the patients

By using this application platform you agree to storage of your data in secure cloud infrastructure located anywhere in the world.

FEATURES

The Savioursbadge platform provides following features.

“Active Book” is a tool to facilitates the Medical Practitioners/Users to communicate amongst their respective and other fraternity/department.

“Log Book” is a tool to facilitates the user to maintain electronic log book also known as patient procedure scheduler stores the relevant patient data and help in patient communication when needed.

“Loop” is a tool to facilitate communicate between the physician on one to one/many to discuss the case details also helps in conduct meetings amongst colleagues.

“White Alert” is a tool to  facility to alert the fellow physician when a physician’s  life danger, circumstances like mishaps, violence.

SUBSCRIPTION AND PAYMENT

Users may use the available services based on subscription to a relevant Subscription Plan for the SAVIOURSBADGE Platform Services. A Subscription Plan defines the scope and level of usage of the Platform Services by the Customer and their Authorized Users .

The following platform services are currently provided free of charge but SAVIOURSBADGE reserves the right to charging for them at cost based on actual usage, at any point of its choosing.

ü SMS and Mobile Notifications

ü Data Storage Charges (free up to [15]GB)

Subscriptions and other payments are be managed and paid for online and the Customer, who can choose to subscribe on a monthly or annual plan. 

SAVIOURSBADGE reserves the right to change plans and pricing at any time. The changes will be notified either by email to all existing subscribers and also on the website

All information in your billing account should be current and accurate. All billing related mails will be sent to the email address that you have provided. All charges collected for a billing cycle are non-refundable, irrespective of account cancellation, termination or downgrade. Late payments will result in suspension of service until payments are made.

PROHIBITED USAGE / LIMITED RIGHT OF USE / LIMITED LICENCE

Unless otherwise specified, all materials on the Application and Services are the property of SAVIOURSBADGE and are protected under copyright, trademark and other applicable laws. The User may view, print, and/or download a copy of such Materials on any single computer solely for your personal, informational, non-commercial use, provided the User keeps intact all copyright and other proprietary notices.

SAVIOURSBADGE reserves the right at any time in its sole discretion to block users from certain IP addresses.

You are responsible for the information you voluntarily post and agree to defend (at your sole expense), indemnify and hold SAVIOURSBADGE harmless from any damages, losses, costs, or expenses which Need Street may incur as a result of information you post.

LIMITATIONS ON LIABILITY

SAVIOURSBADGE shall not be held liable for any loss, damage or injury pertaining to use of the Application and services offered by SAVIOURSBADGE  and it shall be the sole risk of the user. SAVIOURSBADGE  expressly disclaims all warranties of any kind whether express or implied .

SAVIOURSBADGE  shall not be held liable for any defect, damage or vulnerability in the application, or for any injury or damage or loss to the user due to such defect, damage or vulnerability.

SAVIOURSBADGE  does not warrant that your access to the application and/or related services will be uninterrupted or error-free, that defects will be corrected or that this website or the server that makes it available, is free of viruses or other harmful components.

Access to and use of the application and the information contained therein is at your own risk and SAVIOURSBADGE  does not undertake any accountability for any irregularities, viruses or damage to any mobile phone or electronic device that results from accessing, availing or downloading of any information from the application or any other website of which link is provided herewith. SAVIOURSBADGE  does not warrant or make any representations regarding the use or the results of the use of any product and/or service purchased in terms of its compatibility, correctness, accuracy, and reliability or otherwise. The User solely assume total responsibility and risk for your use of this application and application-related services.

SAVIOURSBADGE  shall be absolved of any liability in case there is any unauthorized use of the User's access to Application, or Mobile Phone or for any fraudulent, duplicate or erroneous transaction initiated or requested or instructed by use of the User's application or mobile phone.

The User fully and unconditionally agrees that, SAVIOURSBADGE  and its directors, officers, employees, agents, sponsors, consultants, business partners or other representatives shall not be responsible or liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or any other damages (including without limitation loss of profits, loss or corruption of data, loss of goodwill, work stoppage, computer failure or malfunction or interruption of business) under any contract, negligence, strict liability or other theory arising out of or relating in any way with the use of the application or in reliance of the information available on the application, application-related services or any products or services offered or sold or displayed on this website. If the foregoing limitation is held to be unenforceable, the maximum liability of SAVIOURSBADGE  and its service providers to the User shall not under any event exceed the amount of Rupees One Thousand Only (₹ 1000/-).

SAVIOURSBADGE  does not make any personal recommendations. The information on the application is provided solely to enable the user to make their own decisions and does not constitute a recommendation to rely upon Health data. The application may not be suitable for all customers and, if the User has any doubts, the User should seek advice from an independent medical practitioner  of your own choice.

SAVIOURSBADGE  may launch new updates/upgrades for the App., you may subscribe to the same through the Online Stores. In the event, you choose not to update/upgrade the App, certain features or functionality shall not be accessible to you.

The User understands and agrees that no joint venture, partnership, employment or agency relationship exists between the user and SAVIOURSBADGE  as a result of this agreement or on account of use of the application.

APPLICABLE LAW AND DISPUTE SETTLEMENT

You agree that this Agreement and any contractual obligation between SAVIOURSBADGE and User will be governed by the laws of India.

If any dispute, difference or claim arising out of or relating to this Agreement or the validity, interpretation, implementation or alleged breach of the terms of this Agreement or anything done or omitted to be done pursuant to this Agreement or your use of the Website or the Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by SAVIOURSBADGE. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The venue of the Arbitration shall be at Chennai and the language of the Arbitration shall be in English.

 

COMMUNICATION

Under these Terms of Use, the User agree to receive electronic or any other form of communication and notifications from SAVIOURSBADGE . Email messages sent over the Internet/Message/Email are not always secure and SAVIOURSBADGE  is not responsible for any damages incurred by the result of sending messages over the Internet or any electronic medium.

SEVERABILITY

In case any provision/s of these Terms of Use is / are rendered invalid or unenforceable or void by operation of any law, rule or regulation then such an event would not affect the validity or enforceability of any other provision of these Terms of Use.

FORCE MAJEURE

It is hereby expressly declared that neither SAVIOURSBADGE  nor the User will be liable for any delay or failure caused by conditions or events beyond the reasonable control of the respective party, including but not limited to any delay or failure due to any act of God, fire, act of terrorists, act of civil or military authorities, civil disturbance, war, strike or other labor dispute, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond reasonable control of the respective party and the validity and enforceability of any remaining provisions shall not be affected by any such condition.

Indemnification

To the full extent permitted by applicable law, the User hereby agrees to indemnify SAVIOURSBADGE , and its affiliates, officers, directors, agents, employees, and suppliers against any action, liability, cost, claim, loss, damage, proceeding or expense suffered or incurred if directly or not directly arising from your use of the Application and Services, or from your violation of these Terms of Use and applicable laws.

EXTERNAL WEBSITES AND SERVICES

The Application and Services may provide links or other forms of reference to other websites (“External Websites”) or resources over which SAVIOURSBADGE  may not have control. SAVIOURSBADGE  offers to the User such links or references to External Websites with the sole purpose of enhancing your experience of using the Application and Services and SAVIOURSBADGE  makes no representations whatsoever about any External Websites which the User may access through the Application. SAVIOURSBADGE  cannot be held responsible for the availability of, and content provided on any External Websites. SAVIOURSBADGE  cannot be held responsible for any third party content accessible through the Website, including opinions, advice, statements, prices, activities, and advertisements, and the User shall bear all risks associated with the use of such content.

WAIVER

Enforcement of the Terms is solely in our discretion and our failure to enforce a provision in some instances does not constitute a waiver of our right to enforce such provision in other instances.

SUPPLEMENTAL TERMS

Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to the User in connection with the applicable Service(s). Supplemental terms are in addition to, and shall be deemed a part of, these Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.

INTELLECTUAL PROPERTY

The Application and all software/algorithm/code/metadata contained in the Application, the contents, user interface, design and scheme of the Application, are proprietary to SAVIOURSBADGE  and are protected by worldwide copyright and other intellectual property laws. Except as stated herein, none of the materials may be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means, without the prior express written permission of the SAVIOURSBADGE .

The User understands, acknowledges and agrees that SAVIOURSBADGE  is the sole owner of all right, titles and interest including any and all intellectual property rights in the Application, website, design, software, interface, colour scheme, content, logos, trade names, brand names, designs, services and any such intellectual property used in connection with the platform.

ANCILLARY SERVICES

The User may get access to chat rooms, blogs, feedbacks, reviews and other features (“Ancillary Services”) that are/may be offered from time to time on the Platform and may be operated by SAVIOURSBADGE  or by a third party on our behalf. The User shall not (nor cause any third party to) use these Ancillary Services to perform any illegal activities (including without limitation defaming, abusing, harassing, stalking, threatening, promoting racism, or otherwise violating the legal rights, such as rights of privacy, of others) or immoral activities, falsely stating or otherwise misrepresenting the User's affiliation with a person or entity.

Additionally, the Application may contain advice/opinions and statements of various professionals/ experts/ analysts, etc. SAVIOURSBADGE  does not endorse the accuracy, reliability of any such advices/opinions/ and statements. The User may rely on these, at your sole risk and cost. The User shall be responsible for independently verifying and evaluating the accuracy, completeness, reliability and usefulness of any opinions, services, statements or other information provided on the Platform. All information or details provided on the Platform shall not be interpreted or relied upon as professional advice, or as advice on specific facts or matters. SAVIOURSBADGE  may, at its discretion, update, edit, alter and/or remove any information in whole or in part that may be available on the Application and shall not be responsible or liable for any subsequent action or claim, resulting in any loss, damage and or liability. Nothing contained herein is to be construed as a recommendation to use any product or process, and SAVIOURSBADGE  makes no representation or warranty, express or implied that, the use thereof will not infringe any patent, or otherwise.

Suspension, Termination and Cancellation

The User may terminate this agreement with SAVIOURSBADGE , and close the User Account at any time.

The User agrees that SAVIOURSBADGE  may, in its sole discretion, terminate your access to the Application, Services and to your User Account; including without limitation, suspending or terminating the Service and User’s Accounts, prohibiting access to the Application and its content, services and tools, delaying or removing hosted content, and taking technical and legal actions to keep Users off the Application if we reasonably perceive that such Users are creating any problems, including without limitation, possible legal liabilities, infringement of the intellectual property rights, or acting inconsistently with the letter or spirit of these Terms of Use.

MISCELLANEOUS

The contents of the present terms read with the privacy policy and Electronic Terms and conditions, shall constitute the entire understanding between the User and SAVIOURSBADGE .

The management of User Data shall be in accordance with the terms of the Privacy Policy.

The User shall not assign or otherwise transfer rights or obligations under this agreement. SAVIOURSBADGE  may assign our rights and duties under this agreement without any such assignment being considered a change to this agreement and without any notice to the User.

Any notices or other communications that the User wish to send to SAVIOURSBADGE   may be addressed to us at Saviours badge health care Pvt Limited, 303c- Kalpavriksh Foundation, krishnadass road, Jamalia, Chennai-600012.