Tava Mitra Infonet P Ltd. is a private limited company having its registered office at 91 Springboard, Ackruti Trade Center, MIDC, Marol, Andheri (East), Mumbai (hereinafter referred to as "Tava Mitra" or "we" or "us" or "our" or "AmbySure"). Tava Mitra provides under its own name or through its subsidiaries and/or affiliate entities, various services related to the health care sector to different users and groups.
Tava Mitra has developed a website - www.tavamitrainfonet.com and www.ambysure.co.in (hereinafter referred to as the "Website") and a related smart phone mobile application ("AmbySure") that enables the users /registered members of the Website/Mobile Application to obtain a list of third party emergency/health providers available in a specific geographical area. The aforesaid services are being presented by Tava Mitra under the registered brand name "AmbySure". Please note that AmbySure merely provides a generic list of all available health care and emergency care providers in a particular geographical area and does not endorse or provide any representations or warranties in respect of their quality, efficiency, specialization, skill, expertise or availability of such health care and emergency care providers.
2. PARTIES TO THE USER AGREEMENT
■ The membership of the Website/ Mobile Application is open to various users including patients, healthcare professionals, healthcare organizations and other parties in the healthcare field. For the purposes of these Terms and Conditions, the term "User" or "you" or "your" shall mean any person who is not a health care professional, health care organization or an emergency service provider but shall include Tava Mitra BLS Empowered Citizen Network ("TMBECN") / First Responders (defined below), individuals who download, use, accesses or registers with the Website and/or the Mobile Application for his/her personal use; or an individual who downloads, uses, accesses or registers with the Website and/or the Mobile Application on behalf of any other individual with their consent for their personal use; or an individual who downloads, uses, accesses or registers with the Website and/or the Mobile Application on behalf of any entity.
■ For terms and conditions applicable to health care professional, health care organization or an emergency service provider please see privacy-policy
■ This User Agreement (as defined below) is between Tava Mitra and the User.
3. REGISTRATION AS USER, RESTRICTIONS ETC
■ You may register on the Website/ Mobile Application as a single user, representing yourself /or other persons/ entities. In the event you are a User registering on the Website/ Mobile Application on behalf of other persons/ entities ("Owner"), you represent that such person(s)/ entity(ies) have provided the requisite consent and approval authorizing you to create the account and provide the information on their behalf on the Website/ Mobile Application. As the Owner, you may share your login credentials with such persons and other authorized persons in the entities. However, please note that the responsibility for the security of your account, usage, passwords etc., rests with you. The User will be responsible for any activity on your account until your account is closed, whether such activity is undertaken by you or any other persons.
■ In the event you are an individual entering into this User Agreement,
o (i) you are eligible to enter into a contract as per the requirements of the Indian Contracts Act, 1872;
o (ii) you acknowledge and understand that the information provided by you may constitute "personally identifiable sensitive information" as defined in Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data and Information) Rules, 2011 and you expressly consented to collection, storage and transmission of such information by Tava Mitra through the Mobile Application/Website to relevant third party service providers in accordance with the terms of this User Agreement; and
o (iii) this User Agreement would constitute a valid and legally binding obligation on you.
■ Only individuals above the age of 18 years are permitted to register as User on the Website/ Mobile Application.
■ If you are using the Tava Mitra or AmbySure Services on behalf of a company, partnership, trust, proprietorship, limited liability partnership or other legal entity (hereinafter referred to as an "Entity"), you are individually bound by this User Agreement even if your company, partnership, limited liability partnership etc., has a separate agreement with us. In the event you are entering into this User Agreement on behalf of any Entity, you confirm that,
o (i) you are the authorized representative of such Entity;
o (ii) all requisite authorizations have been obtained to appoint you as the authorized representative of such Entity; and
o (iii) this User Agreement would constitute a valid and legally binding obligation on such Entity;
■ By becoming a User, you acknowledge that you have read and understood the terms and conditions of this User Agreement and that you agree to be bound by all the provisions of this User Agreement as may be revised from time to time, and you understand and agree that you are bound by such terms when you access, use, download, operate this Website/ Mobile Application or utilizing or relying on any service which forms a part of any of the AmbySure or Tava Mitra Services.
■ Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use AmbySure or Tava Mitra Services.
4. DATA ON WEBSITE, MOBILE APPLICATION
■ The stored data on the Website/ Mobile Application is collected by us from healthcare professionals and organizations and it is used to create a database of information that is accessible to the Users in case of a medical emergency.
■ Please note that the Website, the Mobile Application or the information contained therein are generic in nature and are not intended to substitute professional medical assistance/advice or professional emergency response. The Users of the Website and/or the Mobile Application agree that they shall not replace the information contained in the Website and/or the Mobile Application with professional advice/services from health/emergency care providers.
■ The Users of the Website and/or the Mobile Application are solely responsible for their reliance on the Website/Mobile Application and the information, advice or AmbySure or Tava Mitra Services contained therein.
5. USER INFORMATION AND PRIVACY
■ The User will be required to contribute information with regard to medical history, emergency contacts, address, names etc., on the Website/ Mobile Application. The User understands that certain information provided by him/her will qualify to be personally identifiable sensitive information under the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data and Information) Rules, 2011and the disclosure of the same is completely voluntary. We confirm that the storage of such personal information is in compliance with the requirements under the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data and Information) Rules, 2011. You expressly consent to the collection, storage and the aforesaid transmission of information and shall not hold Tava Mitra liable or make any claims against Tava Mitra in respect of the collection, storage and transmission of the aforesaid information in accordance with this User Agreement. The User also understands that the efficiency of AmbySure / Tava Mitra Service is dependent on the accuracy and completeness of the information provided by you. Among other details as may be required from the User, each User will provide the following:
■ Phone numbers and other contact details are up to date.
■ Emergency health record information is always kept up to date.
■ Health insurance information and emergency contact information is always up to date.
■ Latest patches (updates) are downloaded to ensure the latest functionality is available to you.
■ Profile information on the Website/Mobile application is accurate and updated. If you are found to be in violation of the User Agreement or it is found that the information provided by you is inaccurate or falsifying any identity, Tava Mitra reserves the right to suspend your account and initiate legal proceedings against you.
■ ACCESS OFUSER INFORMATION
The User acknowledges that each of the following persons may be provided different levels of access to the User's health care information. The User acknowledges that sharing of User information with the following persons is expressly permitted by the User and the User has exercised discretion in the selection of persons as his/her Care Provider, Emergency Contact, Doctor/ Emergency or Health Care Provider. The sharing of User Information with a First Responder or Doctors/ Emergency or Health Care Providers other than those expressly selected by the User is hereby permitted by the User in the interest of providing medical care to the User on the occurrence of an emergency.
■ Care Provider:
Your Care Provider is a person responsible for your well-being and will have access to your address, age, gender, profile picture, insurance details, family health history, your habits, contact information of your emergency contacts, your medical history, your visit history, your diet history and your emergency health record.
■ Emergency Contact:
Your emergency contact is a person who is willing to assist you in case of an emergency and will have access to your address, age, gender, profile picture, insurance details, contact information of your emergency contacts and your emergency health record. The emergency contact should be someone from your close family or friends circle.
■ Doctor/ Emergency or Health Care Professional:
Your doctor, hospital or emergency/health care professional will have access to your address, age, gender, profile picture, insurance details, family health history, your habits, contact information of your emergency contacts, your medical history, your visit history, your diet history and your emergency health record.
■ Tava Mitra BLS Empowered Citizen Network (TMBECN):
First responder shall be a person who is not a qualified / certified medical professional but a volunteer who has received basic level of training in first aid and may be the person to reach first at the location in case of an emergency. Registered First responder can have access to health records of the patient from the backend team of TM to enable help to the patient.
■ In the above circumstances, the assignee of the account or any of the above categories of persons who are provided access to the User's health information shall be bound by the terms of this User Agreement. Further, you, the User, shall be responsible for the way anyone you have authorized to use the information provided by you on the Website/Mobile Application and for ensuring that all of such persons comply with all of the terms and conditions of this Agreement. Any violation of the terms and/or conditions of this Agreement by any such person nominated by you shall be deemed to be a violation thereof by you.
■ On initiating an emergency the following information
■ Emergency Health Record
■ Contact Details (Phone No, Email Id, Address)
■ Details of your Emergency Contacts and Care Givers
■ Your Insurance Information
■ Your health care providers
■ Location of Emergency will be made available to
■ Personnel from the emergency service providers preferred by you or such other emergency service provider that is in the vicinity and is selected to handle the emergency
■ The hospital of your preference or any other hospital in the vicinity selected to handle the emergency
■ The doctor of your preference or any other doctor from a hospital in the vicinity selected to handle the emergency
■ The nurses and support staff from the hospital of your preference or any other hospital in the vicinity to handle the emergency
■ Your Emergency Contacts and Care Givers
■ First Responders / Tava Mitra BLS Empowered Citizen Network to enable emergency services reaching you and also for the health care professionals to quickly diagnose and intervene in a timely fashion.
■ By choosing "Willing To Donate Blood?" on the User profile, the users blood group will be available to all people who are on the user's contact list and the for patients who are in need at that time of the hour.
■ STORAGE OF INFORMATION
The User acknowledges that by virtue of providing information and accessing the Website/ Mobile Application or any of the Call Ambulance Services from your mobile phone, certain personal or confidential data will be stored in your mobile phone and Tava Mitra / AmbySure, shall not be liable for any harm, loss or damage to the personal or confidential data resulting from theft of the mobile phone or loss of such confidential data stored on the mobile phone for any reason whatsoever.
6. Sharing Information with User's emergency contacts and Service Providers and Network
The Mobile Application sends out a sms to all the User's emergency contacts, preferred doctors, preferred hospitals, to the ambulance provider servicing the emergency and to the hospital/health care provider servicing an emergency or Non-emergency request. This sms contains a URL which will give each of them access to the emergency tracker of the User which provides the User's health records, insurance information, the current location of User, all the emergency contact information of the User, the User's doctors and hospitals, provided such information is logged in to the Mobile Application/ Website by the User.
■ The User expressly agrees to the sharing of the aforesaid information by Tava Mitra through the Website/Mobile Application / SMS notification and shall in no event claim that this is a violation of the right to privacy or breach of confidentiality or any other related right. The User has an option to revoke his/her emergency at any point of time.
■ While the ambulance driver will make the best effort to take you to your preferred hospital, his decision will be based on the time to take to the hospital, traffic conditions (reliance may be placed on google maps or any similar service that predicts the routes, provides maps or predicts traffic) and the patient's condition.
■ The Users agree that Tava Mitra shall in no event be responsible for any act, decision or omission of the ambulance driver, first responder, ambulance service provider, doctor, hospital or any health care service provider.
REQUIREMENTS FOR SMOOTH FUNCTIONING OF THE APPLICATION
Following are some of the factors that will aid in the Mobile Application performing as intended:
■ Strong Mobile network signal available in the area. The Mobile Application will not function without this.
■ Have enough battery for the Mobile Application to function. The Mobile Application will not be able to work without this
■ GPS Location services always turned on. Sometimes GPS isn't accurate. So the User will have to ensure that the GPS is showing the actual location of the User
■ Prepaid balance available/postpaid connection active to make phone calls. The Mobile Application will not be able to work without this. Tava Mitra shall in no event be held responsible for unavailability of the Mobile Application due to failure or the mobile network signal, low battery, GPS functionality not functioning, non-availability of credit balance on your phone to make phone calls or for any other reasons.
■ USAGE RESTRICTIONS
■ The User shall not host, display, upload, modify, publish, transmit, update or share any information that:
■ is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, abusive, threatening, vulgar, invasive of another's privacy, hateful, racially or ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
■ harms minors in any way;
■ infringes any patent, trademark, copyright or other intellectual property rights of any person;
■ deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
■ impersonates another person;
■ contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
■ threatens the unity, integrity, 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;
■ encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice;
■ provides unauthorized access to other computer / network systems;
■ interferes with any other person's use or enjoyment of the Website;
■ breaches any IP address;
■ interferes or disrupts networks or websites connected to the Website; or
■ makes, transmits or stores electronic copies of materials protected by copyright without the permission of the owner.
■ You will not use any robot, spider, other automatic device, 'bot', or manual process to monitor or copy our web pages or the content contained herein without prior express written permission from Tava Mitra.
■ You will not use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of this site.
■ You will take no action that imposes an unreasonable or disproportionately large load on our infrastructure
7. SERVICE SPECIFIC TERMS
■ The Users of the Website/ Mobile Application understand that Tava Mitra aims to provide in a single platform certain information with respect to emergency/health care providers and aspects relating to the actual emergency/health care service may be beyond Tava Mitra's control and therefore, Tava Mitra shall not be held liable for the same. Certain factors that are beyond the control of Tava Mitra include (but are not limited) to the following:
■ Healthcare provider systems are down
■ Our SMS provider system is down
■ Server Hosting provider is down
■ Malfunctioning of systems
■ Emergency/Healthcare provider refusing to service
■ The User not located in our hospital network area. In this case the Mobile Application's function will be limited to sending out details to your emergency contacts
■ Ambulance or the First Responder not arriving on time
■ The Hospital not having the necessary expertise to deal with your medical issue/emergency.
■ The inefficiency of the doctor, support staff or the administrative staff of the Hospital etc.
8. Tava Mitra BLS Empowered Citizen Network (TMBECN) / FIRST RESPONDER
The concept of First Responders has been introduced to provide the benefit of first aid to Users prior to the arrival of qualified professional medical assistance with ambulance. It is hereby expressly disclosed that the persons who are qualified as "First Responders" are not professionally qualified doctors or health/emergency care specialists. They are non-medical persons who have volunteered for the service and have received a basic level of training in first aid / basic life support. This training is provided by authorized Doctors who have the skills and are certified to provide these trainings organized or facilitated by Tava Mitra in social interest. It is a one of a kind service and it creates a moral responsibility on the people who sign up to respond to a call of emergency and provide basic first aid before the arrival of an ambulance or other health/emergency care professionals. Please note that there is no legal obligation on any person qualified as a "First Responder" to respond to or act upon a call for emergency received by them through the Website/Mobile Application and they receive no remuneration in respect of their service.
■ USER ACKNOWLEDGES FIRST RESPONDER
The Users acknowledge and understand that the First Responders are not qualified medical professionals and they are volunteers who have received basic level of training in first aid. Each First Responder has received basic level skills through a 4 hour training to provide first aid in the following scenarios:
■ To handle breathing difficulty
■ To handle Chest Pain/Heart Attack
■ To handle Fainting, Cardiac Arrest and CPR
■ Usage of AED and performing CPR
■ Registered FIRST RESPONDER Responsibility
Any User registering as a First Responder with Tava Mitra, he or she agrees to the following:
■ You will take pledge of the First Responder
■ You will first register as a User;
■ You do not have any convictions or pending criminal cases against you. You will promptly notify Tava Mitra / AmbySure of any convictions or criminal cases and discontinue logging into the Mobile Application and responding as a First Responder;
■ You will be courteous with the person in distress and make best attempts to help them;
■ Your phone has enough prepaid balance/postpaid connection active to receive and send phone calls, sms;
■ Your data connection, location services are always turned on;
■ You have enough battery backup in your phone;
■ You shall carry the First Responder identity, identity proof when addressing an emergency;
■ You shall not reveal any health/personal information of any other User other than to authorized persons. You will liable for criminal action for any case of unauthorized disclosure.
■ You do not currently have any communicable diseases. You will promptly notify Tava Mitra if you contract any communicable disease and will discontinue logging as a First Responder in the Mobile Application till a qualified medical practitioner/doctor certifies that you are completely cured of the disease.
■ To attend to anyone in medical distress irrespective of age/gender/caste
■ To administer CPR or any trained life-saving procedure to the needy
■ To call an ambulance whether for a known or an unknown person
■ To report the incident, you attended to Tava Mitra however small
■ Shall fulfil the pledge throughout the lifetime, till capable.
■ Shall attend a BLS training session in a support role at least once a year
■ Announce to your professional work-place and residential community about your skill
■ Display the pledge in a highly visible personal space
■ Talk about importance of BLS/CPR/First-Aid to fellow citizens
■ To participate in polls pertaining to First Responder matters
1) Personal details with contact number will be maintained
2) Members will be informed about any medical emergency in the vicinity to administer first- aid/CPR (attending preferences will be noted)
3) Highest privacy measures will be taken to protect data
4) Never use the list to create sub-category communications
5) Personal Communication Preference shall be respected
6) Will enable input from the members to enforce civic policies are implemented
1) All Tava Mitra employees shall get BLS Training and be enrolled
2) All Franchisees of Tava Mitra who undergo the BLS training will be enrolled.
3) All BLS Certified/Qualified citizens from any authorized BLS Training institutions/organizations shall be enrolled through voluntary enrolment only after certification/qualification credentials are vetted.
4) Personal Profile on the Registry will be accessible by every member through a personal log-in and personal information can be updated
5) Members can request to close/delete/forget their profile and exit the registry anytime they wish
1) The TMBLSECN will provide opportunities to participate in training events free of cost to practice while teaching
2) Members' voice on Civil policy shall be taken to the highest relevant decision-making authorities as an influential Civic group
3) You shall be invited to special events arranged for member get-togethers.
4) Will present member case and push for awards/recognition/felicitations at the national / state / district / city/mohalla level awards.
■ ACKNOWLEDGEMENTS BY A USER WHEN RECEIVING HELP FROM FIRST RESPONDER
To receive or while receiving help from a First Responder, each User acknowledges and agrees to the following:
■ User cannot choose a First Responder based on caste, creed, gender, religion etc. The First Responder who first agrees to help will be catering to your need.
■ You will be courteous to the First Responder and cooperate with his actions and instructions.
■ You understand that this is a voluntary service and help is not guaranteed. You will not hold First Responder / Tava Mitra liable for any delays, damages, complications, deterioration, side effects, which may occur
■ You understand that a First Responder is not a qualified medical professional but has received only basic level training in first aid from qualified and authorized doctors
■ First Responder / Tava Mitra is not responsible for theft of personal belongings
■ The First Responder/Ambulance Driver may have to make certain decisions such as the health care service provider to be used, based on factors such as your location, nature of emergency, condition etc. You shall in no event hold the First Responder, Ambulance Driver or Tava Mitra responsible for such decisions made by the First Responder or Ambulance Driver.
■ We are working on creating a nationwide First Responder network to improve the outcomes of an emergency
■ Providing first aid/basic life skills training to all citizens to ensure we make Mumbai the safest city
o Negotiating special deals and rates for our customers at our partner hospitals.
9. Tava Mitra Rights
■ RIGHT TO SUSPEND USAGE
■ Tava Mitra at all times reserves the right to terminate or suspend your participation to the Ambulance and Allied Services, Website or the Mobile Application with or without cause.
■ Tava Mitra may modify, replace, refuse access to, suspend or discontinue Ambulance and Allied Services, Website or the Mobile Application, partially or entirely, or introduce, change and modify prices for all or part of the Website, Mobile Application or Ambulance and Allied Services for you or for all Users in Tava Mitra's sole discretion.
■ Tava Mitra reserves the right, in its sole discretion, to suspend or cancel any of the Ambulance and Allied Services at any time if a computer virus, bug, or other technical problem corrupts the security or proper administration of any Ambulance and Allied Service.
■ We reserve the right to terminate your membership and deny you any of the services and products available on Tava Mitra and refuse to provide you with access to the Website/ Mobile Application/ Ambulance and Allied Services or any other services provided by Tava Mitra, if we discover that you are in breach of any of our terms and conditions or we have reasonable suspicion that you are a competitor of the Website or Mobile Application or associated with an entity providing services similar to those provided by Tava Mitra or are helping a competitor of the Website, Mobile Application or Tava Mitra by accessing the Website/ Mobile Application. Ambulance and Allied Services, Website and the Mobile Application shall not be available to persons whose membership has been suspended or terminated by Tava Mitra for any reason whatsoever.
10. THIRD PARTY LINKS AND CONTENT
You shall indemnify and hold harmless Tava Mitra Infonet P Ltd., its subsidiaries, affiliates and their respective officers, directors, agents and employees, from any claim, liabilities, damages, loss, or demand, or actions including reasonable attorney's fees, made by any third party or penalty imposed due to or arising out of your breach of this Agreement or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party. ?You hereby expressly release Tava Mitra Infonet P Ltd., and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/in-actions of the vendors and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.
The User agree that he/she shall not hold Tava Mitra Infonet P Ltd., liable for any damage, loss, injury, expense, claim suffered by him/her due to or in relation to his/her use of the Website/ Mobile Application or by his/her reliance on the information contained in the Website/Mobile Application.
12. INTELLECTUAL PROPERTY RIGHTS
All rights, title and interest including without limitation all Intellectual Property Rights and all other ancillary and subsidiary rights shall be owned exclusively by Tava Mitra Infonet P Ltd.,
■ Tava Mitra Infonet P Ltd., and its suppliers / service providers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, design, source code, content and other materials, which appear on the Website/ Mobile Application. Access to the AmbySure and Allied Services does not confer and shall not be considered as conferring upon anyone any license from Tava Mitra Infonet P Ltd., under or to any third party's intellectual property rights.
■ All rights, including copyright, are owned by or licensed to Tava Mitra Infonet P Ltd., Any use of this Website/Mobile Application or its contents, storing it, reproducing them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of Tava Mitra Infonet P Ltd.,
■ You shall not be authorized to share or copy UI, design, source code or any content or materials available on the Website/Mobile Application with any of our competitors. You may not modify, distribute or re-post anything on this Website/Mobile Application for any purpose.
■ The Website/Mobile Application names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Tava Mitra Infonet P Ltd., All other marks are the property of the respective subsidiary/ affiliate companies.
■ No trademark or service mark license is granted in connection with the materials contained on this Website/ Mobile Application. Access to this Website/ Mobile Application does not authorize anyone to use any name, logo or mark in any manner.
■ References on this Website/Mobile Application to any names, marks, products or services of third parties or hypertext links to third party websites or information are provided solely as a convenience to you and do not in any way constitute or imply Tava Mitra Infonet P Ltd., endorsement, sponsorship or recommendation of the third party, information, product or service.
■ All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Website (collectively, the "Tava Mitra Contents") are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Website/ Mobile Application for your personal use only.
■ No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Content, the Website/ Mobile Application or any related software.
■ All software used on this Website/ Mobile Application is the property of Tava Mitra Infonet P Ltd., or its suppliers and protected by Indian and international copyright laws. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Content on this Website/ Mobile Application is strictly prohibited. Unless otherwise noted, all Content, and copyrights, trademarks and/or other intellectual property is owned, controlled or licensed by Tava Mitra Infonet P Ltd., one of its affiliates or by third parties who have licensed their materials to Tava Mitra Infonet P Ltd., and are protected by Indian and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Content on this Website/ Mobile Application is the exclusive property of Tava Mitra Infonet P Ltd., and is also protected by Indian and international copyright laws. When providing us with content or posting content on our Website/ Mobile Application, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity, and database rights you have in the content, in any media known now or in the future.
13. Governing Law and JURISDICTION
These conditions are governed by and construed in accordance with the laws of India, This Website is created and controlled by Tava Mitra Infonet P Ltd. The laws of India govern any disputes between you and us arising in connection with this agreement, without giving effect to any principles of conflicts of laws.
Any dispute or difference relating to the website shall be referred to the Arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996 or any statutory re-enactment of the same. Reference shall be made to the Arbitrator. The venue of the Arbitration shall be Mumbai and the language of the Arbitration shall be English.
Any legal actions pertaining to this web site shall be commenced within the competent courts in Mumbai to the exclusion of all other courts.
Notices of Infringement or Objectionable Content
If you believe that your rights are being infringed, you may inform us of the same in the following manner to our Grievance Officer:
1) Full Name and Details of Complaining Party
2) Address and Contact Details of Complaining Party
3) Description of Objectionable Content and its location on the Website (or snapshot of relevant page), including Product name and code, if applicable, so as to enable us to easily locate the objectionable content.
4) Description of the objection to the afore-mentioned content e.g. Infringement of IP, defamation, etc. to enable us to assess the validity of the claim.
5) Statement of truth - "I represent that the information in this notification is true and correct and that I am the intellectual property owner or authorized to act on behalf of the intellectual property owner for the rights described above"
6) Signature of the Complaining Party or authorized agent.
Upon receipt of a Complaint we shall assess the validity of the complaint and may take certain actions, including removing information or an item, all of which do not constitute any admission as to liability and are without prejudice to any rights, remedies or defenses, all of which are expressly reserved. Furthermore, you grant us the right to use, reproduce, modify, adapt, publish, translate, create derivative works from, and display the complaint. This includes forwarding the Complaint to the parties involved in the provision of the allegedly infringing content. You agree to indemnify Tava Mitra Infonet P Ltd., for all claims brought by a third party against Tava Mitra Infonet P Ltd., arising out of or in connection with the Complaint and any action taken pursuant thereto.
14. Support AND ENQUIRIES
If you have any queries about this User Agreement or have any comments or complaints on or about the Website or the Mobile Application, please email us at firstname.lastname@example.org We reserve the right to change these terms and conditions from time to time without any obligation to inform you and it is your responsibility to look through them as often as possible.
■ This User Agreement is effective unless and until terminated by either you or Tava Mitra.
■ You may terminate this User Agreement at any time by providing
[Users need provide 30 (thirty) days'] prior written notice by email to email@example.com informing us in writing that you no longer wish to be associated with this Website/Mobile Application, provided that you discontinue any further use of this Website/Mobile Application. Tava Mitra may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Website/Mobile Application. Such termination will be without any liability to Tava Mitra.
■ Upon termination of the User Agreement by either you or Tava Mitra you must promptly destroy all materials downloaded or otherwise obtained from this Website/Mobile Application, as well as all copies of such materials, whether made under the User Agreement or otherwise. Tava Mitra's right to any Comments shall survive any termination of this User Agreement.
■ Notwithstanding the termination of this Agreement, we reserve the right to (i) store and use any residual information or back up created by our internal server upon termination of this User Agreement, and (ii) retain information provided by you on a medical history form, whether such information was submitted by you directly to the Website/Mobile Application or to any healthcare professional or organization, through the Website/Mobile Application.
■ The information contained in the website / Mobile App is for general information purposes only. The information is provided by Tava Mitra Infonet P Ltd, owned by Tava Mitra Infonet P Ltd. While we endeavor to provide correct and updated information, we hereby make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
■ In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits, arising out of, or in connection with, the use of this website.
■ The information on the Website and/or the Mobile Application is crowd sourced and comes from a variety of sources including but not limited to the Users and includes information that is subject to change without notice. Tava Mitra Infonet P Ltd., does not guarantee and does not warrant that the information is accurate, complete, or current; or that your access will be uninterrupted; or that material accessible from this Website/Mobile Application is free of viruses or other harmful computer code. Some of the information displayed on these pages changes rapidly, sometimes every day, and sometimes from minute to minute. The accuracy and timelines of the data is therefore subject to delays in connectivity across the internet, your systems, and other facilities outside the control of Tava Mitra Infonet P Ltd., Therefore, you must independently verify the accuracy of any information presented on the Website/Mobile Application or which form a part of the AmbySure / Allied Services. You agree that you shall not hold Tava Mitra Infonet P Ltd., liable or make any claims against Tava Mitra Infonet P Ltd., for any incompleteness, inaccuracy, inconsistency of information provided in the Website/Mobile Application. Tava Mitra Infonet P Ltd., encourages you to confirm the information made available or otherwise obtained through the Mobile Application /Website with professional medical practitioners before undertaking any treatment.
■ The Contents and Comments on the Website/ Mobile Application is for informational and educational purposes only and are not a substitute for the professional judgment of a health/emergency care professional in diagnosing and treating patients. Persons accessing this information assume full responsibility for the use of the information and agree that Tava Mitra Infonet P Ltd., is not responsible or liable for any claim, loss, or damage arising from the use of the information. Tava Mitra Infonet P Ltd., does not recommend or endorse any specific drugs, tests, physicians, products, procedures, opinions, "off-label" drug uses or other information that may be mentioned on the Website/Mobile Application. Your reliance upon the Content obtained or used by you is solely at your own risk.
■ All reviews, comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to Tava Mitra Infonet P Ltd., on the Website/Mobile Application or otherwise disclosed, submitted or offered in connection with your use of this Website (collectively, the "Comments") shall be and remain the property of Tava Mitra Infonet P Ltd., Such disclosure, submission or offer of any Comments shall constitute an assignment to Tava Mitra Infonet P Ltd., of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, we own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. We will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. Tava Mitra Infonet P Ltd., is and shall be under no obligation
(1) to maintain any Comments in confidence;
(2) to pay you any compensation for any Comments; or
(3) to respond to any Comments.
You agree that any Comments submitted by you to the Website/Mobile Application will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Website/Mobile Application will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of 'spam'. Tava Mitra Infonet P Ltd., does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Website. You grant Tava Mitra Infonet P Ltd., the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify Tava Mitra Infonet P Ltd., and its affiliates for all claims, losses, expenses, litigation resulting from any Comments you submit. Tava Mitra Infonet P Ltd., and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.
■ The User acknowledges and understands that Tava Mitra Infonet P Ltd., does not have expertise of any manner in health care services or emergency response services, nor does it own any ambulances, health care centers or other emergency care facilities. The User has the responsibility to seek health and medical advice from a registered medical practitioner who has the necessary expertise. Tava Mitra Infonet P Ltd., does not endorse any of the health care providers or their capability in treating emergencies, ambulance services, hospitals or any other emergency care facilities and the User is solely responsible for all their choices.
■ You understand that by using this Website/Mobile Application or any services provided on the Website/Mobile Application, you may encounter Content / Comments that may be deemed by some to be offensive, indecent, or objectionable, which Content/ Comments may or may not be identified as such. You agree to use the Website/Mobile Application and any service at your sole risk and that to the fullest extent permitted under applicable law, we and our affiliates shall have no liability to you for Content/ Comments that may be deemed offensive, indecent, or objectionable to you.
■ When you visit the Website, download our Mobile Application or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Website or Mobile Application. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing and you consent to receiving emails, promotional newsletters, update notifications and such other communication from us.
■ WEBSITE SECURITY
You are prohibited from violating or attempting to violate the security of the Website, including, without limitation.
■ Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
■ Accessing data not intended for you or logging onto a server or an account which you are not authorized to access;
■ Sending unsolicited email, including promotions and/or advertising of products or services; or
■ Attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, 'flooding,' 'spamming', 'mail bombing' or 'crashing;'
■ Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Website/Mobile Application or any activity being conducted on this Website/Mobile Application. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Website other than the search engine and search agents available from Tava Mitra on this Website and other than generally available third-party web browsers (e.g., Safari, Google Chrome, Firefox, Netscape Navigator, Microsoft Internet Explorer).
■ VALIDITY OF THE AGREEMENT
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Tava Mitra with respect to our Website/Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to our Website/Services. Our failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.
None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between you and Tava Mitra Infonet P Ltd., and you shall have no authority to bind Tava Mitra Infonet P Ltd., in any manner whatsoever.
Except as explicitly stated otherwise, any notices shall be given by postal mail to Tava Mitra Infonet P Ltd., at 502, 5th Floor, 91 Springboard, Ackruti Trade Center, MIDC Marol, Andheri (E), Mumbai, 400093 or at the email address Info@tavamitrainfonet.com. Notices by us to you will be provided on the email you provide to us during the registration process (in your case). Notice through postal shall be deemed given 3 days after the date of mailing and for e-mails 24 hours after e-mail is sent, unless the sending party is notified that the email address is invalid.
If any clause of the Agreement is deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the User Agreement.