Vigo

TERMS AND CONDITIONS

These Terms of Use (“Terms”) govern your access and use of the website of Connected Care India Private Limited (“Connected Care”, “we”, “us”, “our” or “Vigo”) i.e. website www.vigocare.com, our mobile application ‘Vigo’ and all our software, applications and devices of the brand name ‘Connected Care India’ or ‘Vigo’ or ‘Vigocare’ (together, “Website” or “Vigo Application”) and the holter monitoring device, bio-sensor patch and / or other devices (such as pulse oximeter, blood pressure monitors) (“Devices”) and remote monitoring services (for monitoring heart activity, covid-19 symptoms, post-surgery recovery) you avail of (“Services”). Before accessing the Website or availing of our Services, we recommend that you please read these Terms along with Connected Care’s Privacy Policy (https://vigocare.com/privacy.html) (“Privacy Policy”) carefully, to understand our obligations to you and the terms and conditions which governs our relationship. The Privacy Policy provides the User more information on how we collect, process and disseminate your information. By mere use of the Website you shall be contracting with Connected Care. These Terms along with any policies referred to herein constitute your binding obligations with Connected Care. If you do not agree with any of the Terms, please do not access the Website or avail any of our Services. These Terms are published in accordance with the Information Technology Act, 2000 and the rules made thereunder (“IT Act”), and other laws as may be applicable. This document is an electronic record and all amended provisions pertaining to electronic records in various statutes, as amended from time to time, will be applicable. This electronic record is generated by a computer system and does not require physical or digital signatures.

1. ABOUT CONNECTED CARE, THE WEBSITE AND RELATED SERVICES

  • Connected Care India Private Limited is an Indian company duly incorporated under the Indian Companies Act 2013, with its registered office at 8-2-120/115/89, 90/301, 3rd Floor, Ashoka Vishnu Capitol, Road No. 2, Banjara Hills, Hyderabad - 500034. The Website domain name ‘www.vigocare.com’ and mobile and/or web based applications ‘Vigo, Vigocare or others developed under the brand name ‘Vigo’, are owned by Connected Care India Private Limited.
  • Connected Care is a healthcare technology company that has designed and developed continuous and contactless remote patient monitoring solution which records and monitors and patient vital data such as electrical activity of the heart (ECG), heart rate, SPO2 levels, blood pressure, temperature, activity and respiratory rate (“Vitals”) using the Devices and a mobile application that supports in communicating and transmitting the collected data. Our proprietary condition specific pathways and algorithms combined with central command centre help generate early warning signs and actionable insights that enables the care providers to offer evidence based timely interventions. You acknowledge and agree that Connected Care only provides you with: (a) the Devices to remotely monitor your Vitals; and (b) access to the Website, more specifically, its mobile application ‘Vigo’, through which your Vitals are monitored, recorded and reported.
  • Your contract is with Connected Care and you confirm that the Services availed by you are for your personal purpose and not for re-sale or business or other commercial purposes. You authorize us to declare and provide any declaration to any governmental authority on your behalf stating the aforesaid purpose of the Services availed of by you on the Website.

2. PERMITTED USE

    • Users: For the purpose of these Terms and other Connected Care policies referred to herein, ‘you’, ‘your’ or ‘User’ shall mean any natural or legal person and any other person that registers on the Website, or signs in through an associated partner (via the Associated Partner Interface (“API”)). If you accept or agree to these Terms on behalf of a company or other legal entity for the purpose of availing any group services on organizational basis from Connected Care, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
    • Trained Agents: A “Trained Agent” is a person who has been approved by Connected Care and is qualified to provide instructions to Users on affixing, removal and manner of disposal of the patch.
    • Unregistered Users: All persons are permitted to browse the Website, even without providing registration data/ registering on the Website. However, no persons can avail any Services without prior registration. Persons that do not register with Connected Care may only browse the Website.
    • Minors: Connected Care’s Website and related Services are available only to Users who are over the age of legal majority, and who can form binding agreements under applicable law. If the User is under the age of 18 years (“Minor”), the User may only access the Website with the consent and supervision of a parent or legal guardian, provided that such parent or legal guardian agrees to be bound by the Terms and other Connected Care policies referred to herein, and provides consent on behalf of the Minor in all cases where consent is required.
    • By registering and creating an account on the Website, you shall be responsible for maintaining confidentiality of your login credentials (login name, password), medical details, details regarding your reports and for all activities that occur through your account.
    • You agree that all the information you provide to Connected Care is true, accurate and complete. If any information provided by you is inconsistent, inaccurate, not current or incomplete, and if we have reasonable grounds to suspect that your information is inconsistent, inaccurate, not current or incomplete, or not in accordance with these Terms or policies referred to herein, we reserve the right to indefinitely suspend, block access or terminate your registration with Connected Care, at our sole discretion, without providing any reason to you and without the liability to make any payment to you. We are also not responsible for the accuracy of any reports generated based on incorrect, inaccurate, not current or incomplete information furnished by you.

3. PROHIBITED USE

  • Use of the Website is not available to persons that cannot form legally binding contracts under the Indian Contract Act, 1872 (“Contract Act”). Persons who are ‘incompetent to contract’ within the meaning of the Contract Act, i.e., Minors, undischarged insolvents, etc. are not eligible to use the Website without express consent of a parent or their respective legal guardians. Such persons shall not register with Connected Care, transact directly, or use the Website without obtaining such necessary consent.
  • While accessing the Website or availing of any Services offered by Connected Care, the User shall not:
    • act in violation of applicable law;
    • engage in activities that will cause wrongful loss or wrongful gain to any person;
    • access the Website or use the Services in such a way that adversely affects the performance or function of the Website and related Services or interferes with the ability of any other User (unregistered or otherwise) or legal or natural person to access the Website and related Services,
    • provide false or misleading information to Connected Care or its associate partners
    • upload unlawful or objectionable content on the Website
    • use or access the Website, Services, information or software available for the Services in any manner not expressly permitted by Connected Care, or
    • input or upload information that contains viruses, trojans, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system.
  • If the User breaches any of the Terms and other policies in any way, Connected Care may take such action as it deems appropriate and at its disposal under law, equity, contract or otherwise, to deal with the breach, including suspension of access to the Website and/or Services, blocking computers using your IP address from accessing the Website, contacting your internet service provider to request that they block your access to the Website and/or bringing Court proceedings upon you.

4. USER CONTENT

  • The Website requires Users to provide content for medical reports, monitor health or other applicable content, which originates from the User, including but not limited to text, graphics, user interfaces, visual interfaces, photographs and sounds, video content generated as a result of medical consultation undertaken digitally and compilation of Vitals. The Website also requests a response on the questionnaire (together the “User Content”). The User warrants that he shall upload/provide the accurate and complete User Content to the Website. The User Content posted by Users is the sole responsibility of the User and Connected Care is not responsible for, or liable in any manner, for such User Content and we disclaim all liability arising from inaccuracy of the User Content.
  • To the extent User Content is shared with Connected Care, the User grants Connected Care a fully-transferable, royalty-free, perpetual, sub-licensable, non-exclusive, worldwide license to copy, distribute, modify or create derivative works based on, display, and otherwise use the User Content.
  • In particular, Connected Care may use the User Content for research and development to improve or modify the Services, in which case the User shall have no right, title or interest in such improved or modified Services. Connected Care reserves the right to use or modify User Content licensed to it, without providing the User with reason or notice.
  • User Content is all third-party generated content and Connected Care has no control over and cannot be held liable for any User Content. In such cases, the User shall (subject to the above license grant) maintain all intellectual property rights in and will be responsible for the User Content they generate. Connected Care shall have the right to remove or edit any User Content that, in its sole discretion, violates, or is alleged to violate, any applicable law or either the express terms or intent of these Terms.
  • Notwithstanding this right, you remain solely responsible for the content and the materials you post on the Website and in your private/public messages.

5. CHARGES

  • Connected Care does not charge any fee for browsing on its Website. Connected Care’s charges are limited to the distribution and sale of the Services purchased by the User, which sale shall be conducted either offline through Connected Care’s service providers (doctor’s office, hospital or diagnostic centers) or directly from Connected Care on the Website.
  • You categorically authorize Connected Care and its service providers (including but not limited to payment gateways, banks and marketplace settlement providers such as, PayU, RazorPay, PayTM etc.) to collect, process, facilitate and remit payments electronically from you, in the event you purchase the Services from the Website.
  • You understand, accept and agree that the payment facilities provided by Connected Care are neither banking nor financial services but merely serve the role of a facilitator, providing electronic, automated and/or online payment infrastructure. Connected Care receives money through its collection and remittance facilities, for transactions envisioned on the Website, through existing authorized banking infrastructure, credit cards, payment gateway networks and settlement service providers. Further, by providing these payment facilities, Connected Care neither acts as a trustee nor does it assume any fiduciary responsibility with respect to the transactions processed by you.
  • While availing any of the payment method(s) available on the Website, Connected Care will not be responsible or assume any liability whatsoever, in respect of any loss or damage arising directly or indirectly to you due to:
    • lack of authorization for any transaction/s, or
    • exceeding the limit mutually agreed by you and between your bank, or
    • any payment issues arising out of the transaction, or
    • decline of the transaction for any other reason/s.
  • Connected Care may, at its sole discretion, introduce new services or features and modify some or all of the existing Services offered on the Website. In such event, Connected Care reserves the right to introduce fees for the new services offered, or amend/introduce fees for existing Services, as the case may be.

6. THE VIGO APPLICATION

    • The Vigo Application and the Devices help generate, and record information in relation to the Vitals of the Users by continuously recording them and analyzing using artificial intelligence, provided the Devices purchased by the User are affixed or worn by the User accurately and as instructed by Trained Agents or as described in the user manual.
    • The Vigo Application generates a report based on the readings monitored on the Vigo Application at the end of the monitoring period, which monitoring period can vary depending on the different solutions. The readings recorded on the Vigo Application are sent to a central command centre, which generates the Users’ reports. The Website also provides seamless and integrated video consultation with the User’s doctors and care providers. For instance, the reports are manually verified by a certified technician and is then provided to the User and / or the User’s doctors (if they are registered on the Vigo Application) within 8 (eight) hours of the end of the monitoring period, barring unforeseen events in data gathering. The doctors that are not registered on the Vigo Application or do not have access to the Vigo Application may receive the report via email / SMS, at the email address / phone number provided by the User for the doctor.
    • The Vigo Application also provides an option of raising an alert/event or record a point of interest during the monitoring period. These events can be correlated to the User’s notes and the clinical findings.
    • All reports are generated using artificial intelligence and algorithms that are manually reviewed by certified technicians and directly issued to the User and the User’s doctors (as per Clause 6.2 above). Connected Care does not conduct any independent diagnosis of the Users and only generates the report for further clinical correlation. However, we provide the option to a User if a User so chooses to consult with their doctors over the video conferencing platform to obtain immediate analysis of the report generated.
    • Notwithstanding any representations made, Users are urged not to make any self-diagnostic or medication decisions and to independently verify the veracity of the reports made available to the User on the Website and obtain an independent diagnosis from their doctors or with the doctors onboarded with us for remote video consultation if the Users have opted for such service. Connected Care accepts no liability for any errors or omissions with respect to such test reports, whether on behalf of itself or the central monitoring station or the doctors or any third party. Connected Care cannot and does not guarantee that the test reports are accurate and absolute.

7. USERS

  • Users are bound and legally liable to:
    • provide accurate, true and correct information with respect to medical data and other details to be provided on the Vigo Application,
    • ensure that they have data connection, access to a hotspot and data storage at all times while using the Vigo Application,
    • ensure that the Devices are, affixed or worn during the subscription of the Services and synced with the Vigo Application as per the instructions given in the user manual;
    • abide by all the instructions and directions issued by the Trained Agents or as described in the user manual for, affixing or wearing the Device and syncing it with the Vigo Application;
    • take the tutorial available on the Vigo Application;
    • give access to and provide all information and data (including hotspot, photographs, storage and device id) required for the Users for on-boarding on to the Vigo Application;
    • ensure that the Devices are disabled, or removed in the manner instructed by Connected Care and/or the Trained Agents;
    • ensure that the Devices used by the User are disposed off strictly in the manner provided by Connected Care and/or the Trained Agents; and
    • abide by and comply with all applicable laws. Connected Care shall not be held responsible or liable in any manner for any default/non-performance on part of the User while availing the Services and accessing the Website.
  • Connected Care reserves the right to delete the account of any User if we have reasonable information to believe that any User Content is false or misleading in any manner.

8. COMMUNICATION AND VARIATION

  • When you use the Website or send e-mails or transmit other data, information or communication to Connected Care, you agree and understand that you are communicating with Connected Care through electronic records and you consent to receive communications via electronic records from Connected Care periodically, and as and when required.
  • Connected Care may communicate with you by phone, email or through the mobile application interface, by postings on the Website or by such other reasonable mode of communication, electronic or otherwise.
  • Connected Care shall, at its sole discretion, modify these Terms and other policies referred to herein. Any such changes become effective no earlier than 7 (seven) days after they are posted, except changes made for legal data security reasons, which will be effective immediately.
  • For any material changes, Connected Care may take reasonable steps to notify the User of such changes via e-mail, or on the mobile application. Your continued use of the Services after the date any such changes become effective constitutes your acceptance of the new Terms.
  • In spite of such notifications, the User should return to these Terms periodically to ensure familiarity with the most current version of the Terms. The date on which these Terms are last updated is provided at the top of this -page.

9. USER PRIVACY

  • We view protection of your personal information and privacy as a very important principle. We understand clearly that you and your personal information are one of our most important assets. We store and process your information, including sensitive financial information, health information collected, if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with applicable law.
  • Please refer to our Privacy Policy (https://vigocare.com/privacy.html) to know how your information is collected and handled by us.

10. TERM AND TERMINATION

  • These Terms shall apply until: (i) the User no longer wishes to continue being registered with the Website; or (ii) if the registered User has received its report; or (iii) the User no longer wishes to continue using the Services; or (iv) or if Connected Care removes them from their Website database, in accordance with the Terms; (v) death or the User. Additionally, these Terms shall cease to apply to a particular User in accordance with this Clause 10. Note that we reserve the right to retain such data in accordance with the Terms and Privacy Policy and as is allowed or required under applicable laws.
  • Connected Care may, at its sole discretion suspend or terminate your account (or any part thereof) or your use of the Services, and remove and discard any content within the Services, for any reason, including, without limitation, for lack of use, or if Connected Care believes that you have violated or acted inconsistently with any of its Terms or policies, referred to herein.
  • Any suspected fraudulent, abusive or illegal activity that may be grounds for immediate termination of your use of the Website and Services may also be referred to appropriate law enforcement authorities.
  • Connected Care may also, in its sole discretion and at any time, discontinue providing the Services to you, or any part thereof, with or without notice to you. You agree that any termination of your access to the Website and Services, under any provision of these Terms may be effected without prior notice. You acknowledge and agree that Connected Care may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Website and related Services.
  • Connected Care may, at any time and at our sole discretion, reinstate suspended Users. A User that has been suspended or blocked may not register or attempt to register with us or use the Website in any manner whatsoever, until such time that such User is reinstated by us.
  • Notwithstanding the foregoing, if you breach these Terms or the Privacy Policy or other rules and/or policies of Connected Care, we reserve the right to recover any amounts due and owing by you to us and/or take strict legal action including but not limited to, a referral to the appropriate police, or other authorities, and/or for initiating criminal or other proceedings against you.
  • Further, you agree that Connected Care will not be liable to you, or any third party, for any termination of your access to the Website.

11. GENERAL RULES FOR USE OF THE WEBSITE AND RELATED SERVICES

You agree, undertake and confirm that your use of the Website shall strictly be governed, along with the other conditions provided for herein, by the following binding principles:

  • You shall not host, display, upload, modify, publish, transmit, update or share any information which:
    • belongs to another person and to which you do not have any right;
    • is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, racially or ethnically objectionable, disparaging, relating to or encouraging of money laundering or gambling, or otherwise unlawful in any manner whatsoever;
    • is 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;
    • is misleading in any way;
    • is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
    • harasses or advocates harassment of another person;
    • involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
    • promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
    • infringes upon or violates any third party's rights (including, but not limited to, intellectual property rights, privacy rights including without limitation unauthorized disclosure of a person's name, e-mail address, physical address or phone number or rights of publicity);
    • promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
    • contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
    • provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
    • provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
    • contains unauthorised videos, photographs, or images of another person;
    • tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend requests, or other areas of the Website, or solicits passwords or personally identifying information for commercial or unlawful purposes from other Users;
    • engages in commercial activities and/or sales without our prior express and written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" items, related to the Website;
    • solicits gambling or engages in any gambling activity or other activity which we, in our sole discretion, construe as being illegal;
    • interferes with another User's use and/or enjoyment of the Website and/or Services;
    • refers to any website or URL that, in our sole discretion, contains inappropriate material for the Website or any other website that contains content which is prohibited or violates the spirit of these Terms;
    • harms minors in any way;
    • infringes any patent, trademark, copyright or other proprietary rights or rights of publicity or privacy;
    • deceives or misleads the Users about the origin of such messages;
    • communicates any information which is grossly offensive or menacing in nature;
    • impersonates another person; or
    • violates any applicable law for the time being in force.
  • You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Website content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve our right to bar any such activity.
  • You shall not probe, scan or test the vulnerability of the Website or any network, neither connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of the Website, or any other customer, including any account on the Website not owned by you, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website.
  • You shall not make any denigrating or defamatory statement(s) or comment(s) about Connected Care, the Website, its services or the brand name or domain name used by Connected Care, or otherwise engage in any conduct or action that might tarnish the image or reputation, of Connected Care on any platform or otherwise tarnish or dilute any of Connected Care’s trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Connected Care systems or networks, or any systems or networks connected to Connected Care.
  • You may not use the Website, or any content available on the Website, for any purpose that is unlawful or prohibited by these Terms, or under applicable law, or to solicit the performance of any illegal activity or other activity which infringes the rights of Connected Care and/or others.

12. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

  • This Website, all the products, Devices, materials, information and Services, included or otherwise made available to you through this Website are provided without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the foregoing paragraph, Connected Care does not warrant that:
    • this Website will be constantly available, or available at all; or
    • the information on this Website is complete, true, accurate or non-misleading, save and except what is directly provided to the User by Connected Care.
  • CONNECTED CARE WILL NOT BE LIABLE TO YOU IN ANY WAY OR IN RELATION TO THE CONTENTS OF, OR USE OF, OR OTHERWISE IN CONNECTION WITH, THE WEBSITE. NOTHING ON THE WEBSITE CONSTITUTES, OR IS MEANT TO CONSTITUTE, ADVICE OF ANY KIND AND IS NOT BINDING ON ANY PARTY.
  • CONNECTED CARE IS NOT A MEDICAL HEALTH CARE INSTITUTE AND DOES NOT PROVIDE MEDICAL ADVICE. CONNECTED CARE IS A HEALTH CARE TECHNOLOGY COMPANY THAT DEVELOPS AND PROVIDES REMOTE PATIENT MONITORING SERVICES
  • YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CONNECTED CARE AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. 
  • CONNECTED CARE IS NOT LIABLE AND MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE ACCURACY OR QUALITY OF THE REPORTS GENERATED AND IS NOT RESPONSIBLE FOR THE RESULT OR OUTCOME OF ANY TEST REPORT ISSUED OR SHARED WITH THE USER OR THE USER’S DOCTOR.
  • THE REPORTS PRODUCED ARE REQUIRED TO BE REVIEWED AND CLINICALLY CORRELATED WITH QUALIFIED MEDICAL SPECIALISTS ONLY AND THE USER SHOULD NOT INTERPRET OR MAKE ANY TREATMENT DECISION OTHERWISE.
  • CONNECTED CARE AND ITS AFFILIATES MAKE NO WARRANTY THAT :
    • THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
    • THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR
    • THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIALS OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
  • CONNECTED CARE IS NOT THE MANUFACTURER OF THE DEVICES AND IS NOT LIABLE FOR THE DEVICES IN ANY MANNER WHATSOEVER INCLUDING BUT NOT LIMITED TO ANY MANUFACTURING DEFECTS IN RELATION TO THE DEVICES OR ANY ISSUES IN RELATION TO THE FUNCTIONING OF THE DEVICES. CONNECTED CARE AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT WITH RESPECT TO THE DEVICES.
  • SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE WEBSITE AND SERVICE.
  • CONNECTED CARE IS NOT LIABLE OR RESPONSIBLE FOR ANY CONSEQUENCES WHETHER TO THE ENVIRONMENT, THE USER OR ANY THIRD PARTY, ARISING OUT ANY WRONGFUL TREATMENT OF THE DEVICE WHILE BEING USED OR DISPOSED OFF, MISUSE OR DAMAGE CAUSED TO THE MEDICAL DEVICE BY THE USER OR ANY THIRD PARTY.
  • NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, UNDER NO CIRCUMSTANCE SHALL, THE LIABILITY OF CONNECTED CARE EXCEED THE COST PAID BY YOU FOR THE SERVICES.

13. INDEMNITY

  • The User shall indemnify and hold harmless Connected Care, its officers, shareholders, licensees, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees against all claims, actions, penalties, prosecutions, proceedings, losses, disputes, charges, penalties, costs and expenses including reasonable attorneys' fees, that may arise or may be incurred by Connected Care as consequence of any default, breach, non-observance, non-performance or negligent act whatsoever by the User of any terms, conditions, stipulations, provisions and/or violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party more particularly stated herein, or in any of our policies, and/or in any agreements executed by Connected Care and the User.
  • You agree to release, indemnify and hold Connected Care and its affiliates and their officers, employees, directors and agents harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Services, any User Content, your connection with the Services, your violation of these Terms or Privacy Policy or any other policies, or your violation of any rights of another person or User.
  • In no event shall Connected Care, its officers, directors, consultants, agents and employees, be liable to you or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not Connected Care has been advised of the possibility of such damages, arising out of or in connection with: (a) your use of or access to the Website, availing the Services or Devices; or (b) health related services provided by external healthcare providers.

14. LINKED WEBSITES/ APIs

  • The Services may provide or facilitate, or third parties may provide, links or other access to other sites, services and resources on the Internet. Connected Care has no control over such sites, services and resources and Connected Care is not responsible for and does not endorse such sites, services and resources.
  • Connected Care does not endorse, in any way, any third party website(s) or content thereof. Connected Care does not take responsibility or liability for the actions, products, content and services on the Website which are linked to its affiliates and/or third party websites using the Website's APIs or otherwise.
  • You further acknowledge and agree that Connected Care will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site, service or resource. Any dealings you have with third parties found while using the Services are between you and the third party, and you agree that Connected Care is not liable for any loss or claim that you may have against any such third party.
  • You may enable or log into the Services via various online third party services, such as social media and social networking services ("Social Networking Services"). However, please remember that the manner in which Social Networking Services use, store and disclose your information is governed solely by the policies of such Social Networking Services, and Connected Care shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Services.

15. WAIVER

  • The User hereby agrees and states that Connected Care is only a: (a) distributor of the Devices, which devices can be used only when synced with the mobile application ‘Connected Care’ for the limited purpose of monitoring the Vitals of the Users; (b) technology platform provider, on which platform the User’s health is monitored; and (c) a facilitator of healthcare services provided by external healthcare professionals and/or units, if needed basis the analysis of data by Connected Care.
  • The User hereby agrees and acknowledges that in case of an emergency or urgency or any condition of the health of the User that arises during the monitoring period, the User should use his/her independent judgment and seek medical aid and should not rely or act upon the advice provided by the executives or doctors (through remote video consultation, if the Users have opted for such service) or personnel who respond to the User in case the User reaches out to Connected Care. The User hereby acknowledges that the User reaching out to Connected Care via the Vigo Application is not intended to be a substitute for getting in touch with emergency healthcare. The User facing a medical emergency (either on your or another person’s behalf), will have to contact an ambulance service or hospital directly. It is clarified that using our Website, Devices or Services does not assure or guarantee assistance in accessing any hospitals, particularly avail any in-patient facilities such as hospital beds.
  • The User waives any and all rights to claims with respect to performance, advertisement or misrepresentation of any information available on the Website, and also waives his/her right to bring any action against Connected Care regarding the same, whatsoever.
  • The User also waives any and all rights to claims with respect to the Devices being non-functional or operating sporadically or the inability to sync to the Website or any ailments or issues or infirmities or bodily injury or mental issues suffered or caused due to use of the device and the Website and also waives his/her right to bring any action against Connected Care regarding the same, whatsoever.
  • The failure of, or delay by, Connected Care to enforce any right or provision of the Terms or other policies referred to herein, shall not constitute a waiver of such right or provision.

16. DISPUTE RESOLUTION

  • As a User, you agree you are solely responsible for your interactions on the Website. Connected Care will have no liability or responsibility with respect to disputes arising between you and other Users.
  • Any dispute arising from use of the Website or from the Services, or with inclusion of Connected Care as a party (formal or otherwise), shall first be resolved amicably and in reasonable time, by writing to us at support@vigocare.com.
  • If the dispute cannot be settled amicably, such dispute shall be resolved by referring it to arbitration, in accordance with the Indian Arbitration & Conciliation Act, 1996.
  • The seat and venue of arbitration shall be in Hyderabad, India and the language to be used in all proceedings shall be English.

17. GOVERNING LAW AND JURISDICTION

  • These Terms and all other policies referred to herein shall be governed by and construed in accordance with the laws prevailing in India.
  • Any disputes relating to the Terms and all other policies referred to herein, shall, subject to Paragraph 16, be subject to the exclusive jurisdiction of courts in Hyderabad, India.

18. ASSIGNMENT

  • Connected Care may transfer, sub-contract or otherwise deal with its own rights and/or obligations under the Terms without notifying the User, or without obtaining the User’s consent (except as provided for under the Privacy Policy).
  • The User may not transfer, sub-contract or otherwise deal with its rights and/or obligations under these Terms, without express written consent from Connected Care.

19. HEADINGS

The headings/titles in these Terms are for convenience only and have no legal or contractual effect.

20. SEVERABILITY

If a provision of these Terms, or other applicable Connected Care policies, is determined by any court, competent authority or applicable law to be unlawful and/or unenforceable, that part will be deemed deleted, while all other provisions of these Terms, or other Connected Care policies, will continue to remain in full force and effect.

21. CONTACT US

  • Connected Care encourages feedback and suggestions on how to improve the Website or any offered Services. We welcome any concerns that may arise with regard to your use of the Website and offered Services.
  • You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Services ("Submissions"), provided by you to Connected Care are non-confidential and Connected Care will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
  • Please send any questions or comments you may have regarding these Terms, other policies or generally regarding this Website, to support@vigocare.com.

22. INTELLECTUAL PROPERTY RIGHTS

  • Services Content, Software and Trademarks: You acknowledge and agree that the Website and the Services may contain content or features ("Services Content") that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorised by Connected Care, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Services Content, in whole or in part, except that the foregoing does not apply to your own User Content that you legally upload to the Website. In connection with your use of the Services you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Connected Care from accessing the Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Services or the Services Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Services or distributed in connection therewith are the property of Connected Care, our affiliates and our partners (the "Software"). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Connected Care.
  • Connected Care Name and Logo: The Connected Care name and logos are trademarks and service marks of Connected Care (collectively the "Connected Care Trademarks"). Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Connected Care. Nothing in these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Connected Care Trademarks displayed on the Services, without our prior written permission in each instance. All goodwill generated from the use of Connected Care Trademarks will inure to our exclusive benefit.
  • Third Party Material: Under no circumstances will Connected Care be liable in any way for any content or materials of any third parties (including that of Users and campaigners), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Connected Care does not pre-screen content, but that Connected Care and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Services. Without limiting the foregoing, Connected Care and its designees will have the right to remove any content that violates these Terms or is deemed by Connected Care, in its sole discretion, to be otherwise objectionable.
  • Repeat Infringer Policy: In accordance with applicable law, Connected Care has adopted a policy of terminating accounts of, in appropriate circumstances and at Connected Care's sole discretion, Users who are deemed to be repeat infringers. Connected Care may also at its sole discretion limit access to the Services and/or terminate the registrations of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

23.GRIEVANCE HANDLING

In the event you have any grievances, come across any violation of these Terms or if you become aware of any objectionable content on the Website, please report the same to the following e-mail id: [•].

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