1.Use of the Service
The Service is intended only to allow you to upload, view, share data with your healthcare professional, and use certain data pertaining to you as made available by the Service. You may not access or use the Service for any other purpose. You may use the Service, including any data presented to you on or by the Service, or otherwise hosted or stored by Ucare for you, only for lawful and appropriate purposes on your own behalf, and subject to your full compliance with these Terms and any other guidelines and policies applicable to the Service which Ucare may post from time to time. By giving access to your data through the App to anyone, you have permitted to waive your data privacy rights and have allowed such member to exclusively store your medical / fitness data. The entire Service including the fitness / medical instruments/equipment's is only for personal use and cannot be used for any commercial purpose. UCARE DOES NOT PROVIDE MEDICAL ADVICE. DO NOT USE THE SITE OR THE SERVICES FOR ANY MEDICAL OR MENTAL HEALTH NEEDS. IF YOU THINK YOU MAY BE A DANGER TO YOURSELF OR OTHERS, OR YOU ARE HAVING A MEDICAL OR MENTAL HEALTH EMERGENCY, CALL THE MEDICAL EMERGENCY SERVICES IN YOUR HOME JURISDICTION. The Services provided by Ucare, does not constitute medical advice of any kind and it is not intended to be, and should not be used to diagnose or identify treatment for a medical or mental health condition. Nothing on the Platform or in the Services should be construed as an attempt to offer or render a medical or mental health opinion or diagnosis, or otherwise engage in the practice of medicine by Ucare.
You must be at least 18 years of age to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years of age; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with all applicable laws and regulations in your local jurisdiction. If you are using the Service on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to these Terms and you agree to be bound by these Terms on behalf of that organization.
3.Accounts and Registration
Ucare owns and operates the Service. The documents and other information and content available on the Service (the "Site Content") are protected by intellectual property laws. All copyright and other proprietary notices on any Site Content must be retained on any copies made thereof. Any unauthorized reproduction, modification, distribution, public display or public performance of any Site Content is strictly prohibited. Ucare and its suppliers reserve all rights not granted in these Terms. Subject to the restrictions set forth in these Terms, Ucare grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the App in object code format on devices that you own or control, solely for use with the Services. By downloading or using our app(s), you:
- 1. Acknowledge that the App is licensed, not sold to you; and
- 2. Acknowledge that third party terms and fees may apply to the use and operation of your device in connection with your use of the App, such as your carrier's terms of services, and fees for phone service, data access, or messaging capabilities, and that you are solely responsible for payment of any and all such fees.
7.User Representations and Warranties
- 1. Ucare and Ucare users represent, warrant, and covenant to Ucare that you are a resident of India.
- 2. All users represent, warrant and covenant to Ucare that (1) these Terms have been executed and delivered by you and constitute a valid and binding agreement with you, enforceable against you in accordance with their terms; (2) if you are using the Service on behalf of another entity, you are an authorized representative of the entity and have the authority and agree to bind the entity to these Terms; (3) you will not access or use the Service except as expressly permitted by these Terms and any additional instructions, guidelines or policies issued by Ucare, including those posted in the Service; (4) you will access and use the Service in full compliance with applicable law; and (5) all of the information, data and other materials provided by you in support of your account registration are accurate and truthful in all respects.
BY USING THE SERVICE YOU AGREE NOT TO:
- 1. use or access the Service (a) for any illegal purpose, or (b) in violation of any local, state, national, or international law;
- 2. conduct activities that may be harmful to others or that could damage Ucare's reputation
- 3. violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right, or disclosing personal information about another person;
- 4. post, upload, or distribute marketing or advertising links or content, or any other content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;
- 5. interfere with security-related features of the Service, including by: (a) disabling or circumventing features that prevent or limit use or copying of any content; or (b) reverse engineering, decompiling, or otherwise attempting to discover the source code of any portion of the Service, including the app(s), except to the extent that such activity is expressly permitted by applicable law notwithstanding this restriction;
- 6. interfere with the operation of the Service or any user's enjoyment of the Service, including by: (a) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (b) making any unsolicited offer or advertisement to another user of the Service; (c) attempting to collect personal information, including without limitation ECG data or other health / fitness information, about another user or third party without their consent; or (d) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service, or violating any regulation, policy, or procedure of any such network, equipment, or server;
- 7. perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service or account without permission, or falsifying your account registration information;
- 8. modify, translate, or create derivative works, adaptations or compilations of, or based on, the Service or part thereof, or use, copy or reproduce the Service or any part thereof other than as expressly permitted in these Terms;
- 9. You agree to avoid misuse of certain features like Safe Me/Help Me etc, after being drunk / inebriated condition.
9.Third-Party Services and Linked Websites
The Site may contain links to other web sites operated by third parties. Such third-party web sites are not under the control of Ucare and we are not responsible for the content of any third party web site or any link contained in a third party web site. Ucare provides these links only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to third party web sites.
10.Termination of Use; Discontinuation and Modification of the Service
You may terminate your account at any time by following the procedures detailed on the Ucare website or contacting customer service at firstname.lastname@example.org. If you violate any provision of these Terms, your permission from us to use the Service will terminate automatically. In addition, Ucare may in its sole discretion terminate your user account on the Service or suspend or terminate your access to the Service at any time if you violate any provision of these Terms, if we no longer provide any part of the Services or for any other reason, with or without notice. We also reserve the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. To the fullest extent permitted under applicable law, we will have no liability on account of any change to the Service or any suspension or termination of your access to or use of the Service, provided that if Ucare ceases to operate the Service and terminates your access to the Service accordingly, then you will be entitled to a pro-rated refund of any prepaid fees that you have paid to Ucare for use of the Service subject to return of the device / devices with the original box/price tag, original packing and invoice provided as part of your healthcare package, in working condition to Ucare. Upon the termination of your account or this agreement for any reason, Ucare may at its option delete any data associated with your account. You can return your device to the Company within a week (07) days of delivery by placing a "Cancel Order" request by phone call with the Company's Customer care centre by phone or via email to email@example.com. Returns will only be accepted for unused product(s) and you will be required to dispatch the product using a reputed courier in your respective area within one (1) day from receipt of "Cancel Order" request. Products must be returned in brand new and unopened condition with all the original packing, tags, inbox literature, freebies, accessories etc. It is advised that the return packets should be strongly and adequately packaged so that there is no damage of products during transit. The returned products are subject to verification and checks by Ucare in order to determine the legitimacy of the complaint / return. All eligible refunds against cancellation or Returns of Orders will be subject to deduction of 5% transaction fee of the product price paid, to cover Banking Transaction charges and surcharges. Additionally, Ucare will deduct Rs.200/- to cover shipping and handling charges and the balance would be refunded to you. By requesting a refund the company is given to understand that you agree to the charges and terms set forth herewith. All refunds will be completed within 7 to 21 working days via a reversal or payment to your account or via cheque, depending on the current circumstances as determined by Ucare. The cost for returning the package must be borne by you. The above policy is subject to change without any prior notice at the discretion of the company.
12.Modifications to these Terms
We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations ("Material Modifications"), we will notify you of the modified Terms by email to the address you provided in your user profile or on the Ucare App that you are using. Material Modifications will be effective upon your acceptance of such modified terms. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose. Your sole and exclusive remedy if you do not agree with any modification to these Terms is to cancel your account. You may not amend or modify these Terms under any circumstances.
13.Ownership; Proprietary Rights
The Service is owned and operated by Ucare. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service ("Materials") provided by Ucare are protected by intellectual property and other laws. All Materials included in the Service are the property of Ucare or our third-party licensors. Except as expressly authorized by Ucare, you may not make use of the Materials. Ucare reserves all rights to the Materials not granted expressly in these Terms.
You hereby consent to Ucare's engagement of third parties (including Ucare's affiliates) to perform, or support the performance of, all or any portion of the Service or the Ucare website / application.
If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service ("Feedback""), then you hereby grant Ucare an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.
To the fullest extent permitted under applicable law, you are responsible for your use of the Service, and you will indemnify, hold harmless, and, if so directed by Ucare, defend Ucare and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the "Ucare Entities") from and against every claim, liability, damage, loss, and expense, including reasonable attorneysâ€™ fees and costs, arising out of or in any way connected with: (a) your access to, use of, or alleged use of, the Service through application/website; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; (d) any dispute or issue between you and any third party; and (e) all claims arising from or alleging fraud, intentional misconduct, criminal acts, or gross negligence committed by you. To the fullest extent permitted under applicable law, we reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.
17.Disclaimers; No Warranties
THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE UCARE ENTITIES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE, ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, AND ANY SOFTWARE OR HARDWARE ASSOCIATED OR USED WITH THE SERVICE, OR THE AVAILABILITY OF ANY OF THE FOREGOING, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE; AND (C) ANY WARRANTY AS TO WHETHER THE ECG DATA OR ANY OTHER HEALTH / FITNESS INFORMATION AVAILABLE ON OR TRANSMITTED BY THE SERVICE IS TRUE, COMPLETE OR ACCURATE. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT UCARE IS NOT RESPONSIBLE FOR ANY HEALTHCARE / FITNESS OR RELATED DECISIONS MADE BY YOU OR YOUR HEALTHCARE PROFESSIONAL BASED UPON DATA COLLECTED, TRANSMITTED OR DISPLAYED BY OR ON THE SERVICE, WHETHER SUCH DATA IS ACCURATE OR INACCURATE. THE UCARE ENTITIES DO NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE UCARE ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE, YOUR DEALING WITH ANY OTHER SERVICE USER, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES, AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF THAT MATERIAL OR CONTENT.
18.Limitation of Liability
IN NO EVENT WILL THE UCARE ENTITIES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY UCARE ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE. FOR THE AVOIDANCE OF DOUBT, THE EXCLUDED DAMAGES ALSO INCLUDE WITHOUT LIMITATION, LOSS OF SAVINGS OR REVENUE; LOSS OF PROFIT; LOSS OF USE; LOSS OF LIFE OR HEALTH, THE CLAIMS OF THIRD PARTIES; AND ANY COST OF ANY SERVICES. IF UCARE CANNOT LAWFULLY DISCLAIM LIABILITY FOR ANY OF THE FOREGOING DAMAGES, THEN THE AGGREGATE LIABILITY OF UCARE ENTITWLS TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE AMOUNT YOU HAVE PAID TO USE THE SERVICE. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 18 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Ucare will be excused from performance under these Terms for any period that it is prevented from or delayed in performing any obligations pursuant to these Terms, in whole or in part, as a result of a Force Majeure Event. To the fullest extent permitted under applicable law, for purposes of this section, "Force Majeure Event" means an event or series of events caused by or resulting from any of the following: (1) weather conditions or other elements of nature or acts of God; (2) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion; (3) quarantines or embargoes, (4) labour strikes; (5) telecommunications, network, computer, server or Internet downtime; (6) unauthorized access to Ucare's information technology systems by third parties; or (7) other causes beyond the reasonable control of Ucare.
20.Governing Law and Competent Courts
To the fullest extent permitted pursuant to applicable law, these Terms are governed by the laws of the India without regard to conflict of law principles. If a lawsuit or court proceeding is permitted under these Terms, then you and Ucare agree to submit to the personal and exclusive jurisdiction of the courts of Mumbai for the purpose of litigating any dispute.
22.Dispute Resolution and Arbitration
Generally. To the fullest extent permitted under applicable law and in the interest of resolving disputes between you and Ucare in the most expedient and cost effective manner, you and Ucare agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. The place of Arbitration shall be Mumbai.
The Service is offered by Ucare. You may contact us by emailing us at firstname.lastname@example.org