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Terms & Conditions

IMPORTANT: These Terms of Service (“TOS”) are a legal agreement (“Agreement”) between you (“User” or “Users”) and Anahita Labs Private Limited (“Anahita” or  “Healthquad” or “healthquad” or “We” or “Us” or “Company”) and/or its affiliates, partners (collectively, “healthquad”) for the use of Anahita’s product(s), software(s) website(s), platform, mobile app, marketplace and service(s) (referred to collectively as “Service Platform” or “Services”). 

BY AGREEING TO THESE TOS OR BY INSTALLING OR USING SERVICE PLATFORM, YOU AGREE TO BE BOUND BY THESE TOS. IF YOU DO NOT AGREE TO THESE TOS, THEN DO NOT INSTALL OR USE SERVICE PLATFORM.

Healthquad will not be liable for any consequences arising from User’s unauthorized use. User hereby acknowledges that the Company may revise the TOS of Agreement at any time. Revised terms of use will be posted on the Company’s  website and mobile app and Users are responsible to check this information from time to time.. The TOS may be superseded by notices published elsewhere on the Service Platform. All changes are effective immediately after they are published and by continuing to use the Service Platform of the User agrees to be bound by the revised TOS. 

 

IMPORTANT NOTICE

HEALTHQUAD IS INTENDED FOR FITNESS AND WELLNESS PURPOSES ONLY AND IS NOT INTENDED FOR USE IN DIAGNOSIS, DETECTION, TREATMENT, CURE OR PREVENTION OF ANY DISEASES, MEDICAL CONDITION. INFORMATION PROVIDED BY HEALTHQUAD IS NOT INTENDED AS A SUBSTITUTE FOR MEDICAL DIAGNOSIS OR TREATMENT. USER SHOULD ALWAYS CHECK WITH A DOCTOR OR EQUIVALENT BEFORE CHANGING DIET, ALTERING SLEEP HABITS, OR STARTING A NEW FITNESS ROUTINE. USE OF INFORMATION PROVIDED BY HEALTHQUAD SHOULD NOT REPLACE GOOD JUDGEMENT AND COMMON SENSE. USER SHALL RELY ON ANY INFORMATION PROVIDED BY HEALTHQUAD AT HIS OR HER OWN RISK. THE IMPROVEMENT OF USERS HEALTH, WELLNESS OR ANY SUCH RELATED ASPECTS DEPEND ON VARIED FACTORS AND HEALTHQUAD DOES NOT GUARANTEE ACHIEVEMENT OF ANY SUCH HEALTH OR WELLNESS RELATED DESIRED OR EXPECTED RESULTS.

 

USE OF SERVICES

The Company reserves the right to withdraw or change any services provided on Service Platform by notifying the same on our Service Platform from time to time without prior notice. The Company will not be liable, if for any reason Service Platform is not available at any time or for any time period. From time to time, the Company may, at its sole discretion, restrict access to some parts of platform service, or entire services, to registered Users.

The Company grants permission to use Service Platform on a temporary basis, as set forth in this Agreement, provided that User: 

  1. will not copy or distribute, any part of the services in any medium or in any manner whatsoever without Company’s explicit authorisation in this regard; 

  2. will not alter or modify any part of the Services other than as may be reasonably necessary to use the Services for its intended purpose; and 

  3. will otherwise comply with the terms and conditions of this Agreement.

Subject to compliance with the TOS, the Company grants User a non-exclusive, limited privilege to access and use Service Platform. User agrees to use the Service Platform, and the materials provided therein only: 

  1. for purposes that are permitted by the TOS;

  2. for purposes for which the Services are meant to be used;

  3. in accordance with any applicable law, regulation or generally accepted practices or guidelines;

  4. agree not to engage in activities that may adversely affect the use of the services by the Company or other Users; 

  5. agree not to access (or attempt to access) the Services and the materials or services by any means other than through the interface that is provided by the Company;

  6. shall not attempt or use any means, technology, tools or equivalent to access, acquire, copy or monitor any portion of the services or content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the services, materials or any content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the services;

  7. acknowledge that by using the services, he or she may be exposed to content from others that you may consider offensive, indecent or otherwise objectionable. The Company disclaims all liabilities arising in relation to such offensive content on the services; 

  8. if the services allows to post and upload any material on the platform, hereby undertake to ensure that such material is not offensive and is in accordance with applicable laws;

  9. has sole responsibility of all material added, created, uploaded, submitted, distributed, or posted to the services by him/her is your sole responsibility. The Company reserves the right to review any information provided or data uploaded, if any, by you on the services  and delete any information or data that is inconsistent with these TOS;

  10. not distribute or sell, rent, lease, license or otherwise make any content on the Service Platform available to others; and

  11. not remove any text, copyright or other proprietary notices contained in the content downloaded from the Service Platform.

 

Further, when User uploads material or provides information on the Service Platform, User undertakes not to:  

 

  1. defame, abuse, harass, threaten or otherwise violate the legal rights of others;

  2. publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;

  3. copy, republish, post, display, translate, transmit, reproduce or distribute any content through any medium without obtaining the necessary authorization from the Company;

  4. upload or distribute files that contain software or other material protected by applicable intellectual property laws unless User owns or controls the rights thereto or have received all necessary consents;

  5. upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Service Platform or another's computer or provide you undue advantage or benefit in purchasing goods or  availing services;

  6. engage in any activity that interferes with or disrupts access to Service Platform including hosting infrastructure;

  7. attempt to gain unauthorized access to any portion or feature of Service Platform, any other systems or networks connected to the Service Platform, to any Company server, or to any of the Service Platform offered on or through the Service Platform, by hacking, password mining or any other illegitimate means;

  8. probe, scan or test the vulnerability of the Service Platform or any network connected to the Service Platform, nor breach the security or authentication measures on the Service Platform or any network connected to the Service Platform. 

  9. not reverse look-up, trace or seek to trace any information on any other User, of or visitor to, the Service Platform, to its source;

  10. exploit the Service Platform or information made available or offered by or through the Service Platform, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than own information, as provided on the Service Platform;

  11. disrupt or interfere with the security of, or otherwise cause harm to, the Service Platform, systems resources, accounts, passwords, servers or networks connected to or accessible through the Service Platform or any affiliated or linked sites;

  12. collect or store data about other Users in connection with the prohibited conduct and activities set forth in this Section.

  13. use any device or software to interfere or attempt to interfere with the proper working of the Service Platform or any transaction being conducted on the services, or with any other person’s use of the Service Platform;

  14. use the Service Platform or any material or content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of the Company or other third parties;

  15. falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;

  16. violate any applicable laws or regulations for the time being in force within or outside India or anyone’s right to privacy or personality;

  17. violate the provisions of the Indian Penal Code, 1861, the Information Technology Act, 2000, Information Technology;

  18. violate the TOS contained herein or elsewhere; and

  19. reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Service Platform.

 

MEMBERSHIP

In order to access the services, Users will have to register / signup  on the mobile app and create a “Member” account. Member account provides User means to access the services and functionality that the Company may establish and maintain from time to time on the Service Platform.

By using the Service Platform and completing the registration process, User agrees and warrants: 

  1. all the data provided is accurate and complete;

  2. maintain the accuracy of such information, and any changes thereto by regular updation of any such information; 

  3. affirms that he or she is over 18 (eighteen) years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement; 

  4. is eligible in accordance with applicable laws to enter into a binding contract and is not a person barred from receiving the services under applicable laws ; and 

  5. may use the Service Platform only in compliance with TOS and all applicable laws

The Company shall not be liable for any injury, damage or other consequence, health related or otherwise arising out of any inaccuracy in the information on the Service Platform. Users' profiles may be deleted by the Company by informing the User  24 (twenty four) hours in advance without warning, or without any notice whatsoever, if the Company believes that the User has violated any of the terms and conditions in Agreement or the Privacy Policy.

Users must provide full legal name, valid email address and any other information requested, from time to time, in order to complete the registration process and be entitled to use the Services. The information provided by Users may be shared by the Company with third parties to provide services, record keeping purposes, internal procedures or for any other purposes and by using Service Platform User expressly consents to such sharing of the information.

The Company has the right to disable any User identification code or password provided to User at the time of signing up or later,  whether chosen by User or allocated by the Company, at any time, if in the Company has opinion that User has failed to comply with any of the provisions of this Agreement. User must treat such information as confidential, and must not disclose it to any third party. User will immediately notify the Company of any unauthorized use of password or User identification code, by sending details of such unauthorized use to: [email protected]

User is solely responsible and liable for 

  1. making all arrangements necessary to have access to the Service Platform and responsible; 

  2. ensuring that any person(s) who access Service Platform through his or her  account agrees to and comply with the terms and conditions of Agreement;

  3. all activities that take place or occur under his or her  account. 

User acknowledges and agrees that the ability to log into account is dependent upon external factors including internet service providers and internet network connectivity and the Company shall not be liable to you for any damages arising from inability to log into account.

The Company reserves the right to refuse access to use the Service Platform to new Users or to terminate access granted to existing Users at any time, without providing any reasons for doing so. Use of the account is not available to User who is suspended or prohibited by the Company from using the Service Platform for any reason whatsoever.

Signing up on Service Platform allows User to 

  1. access and post content on the Service Platform;

  2. the Company to contact User, 

  3. access and purchase products on the Marketplace, subject to the terms and conditions set out herein;

  4. make use of the Services subject to these terms and conditions;

Signing up on Service Platform does not allow User to 

  1. use email addresses displayed on the Service Platform for any purpose other than that specifically authorized by the Company.

By providing the Company, email address and/or phone number, User provides consent to:

  1. using his or her email address or mobile number to send you notices, including any notices required by law, in lieu of communication by postal mail. 

  2. using his or her phone numbers provided by User to contact you from time to time, in order to provide updates and advice relating to progress on the App and the usage of services, and relating to any new promotions and sales opportunities on the App.

  3. using his or her email address, home address, phone number and other ancillary information to fulfil the orders placed by User on the Marketplace;

PRIVACY 

Please refer to Privacy Policy that describes what personal information and data is collected and how it is used.

 

MARKETPLACE

User may use the Marketplace to purchase services listed thereon by third party vendors from time to time.

The Company’s responsibility in terms of the Marketplace shall extend solely and exclusively to:

  1. the provision of the Service Platform for the Marketplace;

  2. collection of payments from Users using the third party payment gateway on the Marketplace. In the event of any disputed payments made, dispute shall be settled by payment gateway provider for resolution and the Company is only responsible to bring such an event to the notice of the payment gateway provider only. 

  3. delivery of the services to Users who have placed orders on the Marketplace.

It is hereby clarified that the services listed on the Marketplace are listed by third party vendors and  do not belong to the Company and the Company makes no warranty for, and shall not be responsible in any manner whatsoever for the quality, quantity or authenticity of the services.

There shall be no refunds or cancellations initiated or entertained, once an order is placed and processed on the Marketplace, save as set out herein.

RIGHTS RESERVED

The Company reserves the right to 

  1. to disclose your identity to any third party who validly claims and provides evidence that any material posted or uploaded by you to Service Platform constitutes a violation of their intellectual property rights, or of their right to privacy;

  2. not responsible, or liable to any third party, for the content or accuracy of any materials posted by User on Service Platform;

  3. not responsible, or liable to any third party, for the content or accuracy of any materials posted by the Company provided by partners for their products and services on Marketplace;;

  4. to immediately terminate your access or usage rights and remove non-compliant information or material, in case of non-compliance with any of terms and conditions in Agreement;

  5. not obliged to track User’s use of the Services;

  6. track User behaviour for the purpose of operating the Service Platform and providing the Services, to ensure User’s adherence to terms and conditions, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body;

  7. subject to the receipt of a complaint from a User, to pre-screen, review, flag, filter, modify, refuse or remove any or all content from any Service;

  8. access, read, preserve, and disclose any information as we reasonably believe is necessary to: (a) satisfy any applicable law, regulation, legal process or governmental request; (b) enforce these terms and conditions, including investigation of potential violations hereof; (c) detect, prevent, or otherwise address fraud, security or technical issues; (d) respond to User support requests; or (e) protect the rights, property or safety of Company, its Users and the public. The Company shall not be responsible or liable for the exercise or non-exercise of its rights under these terms and conditions in this regard.

The Company shall not be liable to User or to any third party for any modification, price change, suspension or discontinuance of the Services.

BREACH OF TERMS AND CONDITIONS 

When the Company considers that a breach of the terms and conditions  has occurred, the Company may at our discretion take such action as the Company may  deem appropriate. Failure to comply constitutes a material breach of the terms of use on which Users is permitted to use the Services, and the Company may take any action legally available including all or any of the following actions:

  1. withdrawal of User’s  right to use the Services and simultaneous termination/suspension of your account;

  2. removal of any contribution already posted on the Service Platform, upon User’s failure to cure the breach that is brought to your notice;

  3. issue warning to User;

  4. legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach, Further legal action against you; and

  5. Disclosure of such information to law enforcement authorities as the Company feels is necessary or as required by law.

The Company hereby disclaim and exclude its liability for all actions that the Company may take in response to breaches of these rules. Upon such termination or suspension of User’s account, User will no longer be able to access his or her account or any content or data you have stored on the servers. All licenses granted to you by the Company to the Service Platform will automatically terminate.

CONTENT INFORMATION 

The Company is not responsible for any third party (Users, Vendors or Partners) content and User acknowledges  that all information (including but not limited to data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) available on Service Platform are the sole responsibility of the person or organization from which such content originated. 

User is responsible for the content generated by him or her during the use of Service Platform and the Company will not review, distribute, or reference any such User Content except as provided herein or in our Privacy Policy or as may be required by law. By uploading or posting User Content on the Service Platform, User expressly grants to the Company a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and name, voice, and/or likeness as contained in User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service. You also hereby grant each User of the Service a non-exclusive license to access your User Content through the Services, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Service Platform and under this Agreement.

The Company exercises no control over the content posted on the Service Platform and the User agrees to access content  at his or her own risk.

 

DISCLAIMERS

User’s correspondence or business dealings with, or participation in promotions of, advertisers or vendors found on or through the Service Platform, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between User and such advertiser or vendor. The Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or vendors on the Service Platform or Marketplace.

The User hereby agrees and acknowledges:

  1. the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such site or resource.

  2. the Company shall not be responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources.

  3. the Company does not guarantee the Services will meet User’s specific requirements and/ or will be uninterrupted, timely, secure, or error-free; 

  4. the Company does not guarantee the results that may be obtained from the use of the Services will be accurate or reliable, the quality of any Products, services, information, or other material purchased or obtained by you through the Services will meet your expectations

BILLING AND PAYMENTS

When User chooses to use paid features of the Service Platform, User agrees to the terms of sale, pricing, payment and billing policies applicable to such fees and charges. The Company may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion.

User has the sole responsibility to timely provide Company with any contact or billing information changes or updates (including phone number, email address, credit card numbers, etc.). Company does not validate all credit card information required by the Customer's payment provider to secure payment.

Users have the sole responsibility to notify the Company about any billing problems or discrepancies within 30 (thirty) days after charges first appear on their account statement. If it is not brought to Company attention within 30 (thirty) days, User agrees to waive your right to dispute such problems or discrepancies. In respect of purchases made on the Marketplace, you hereby acknowledge and agree that no refund requests will be entertained in any manner whatsoever and no refunds will be initiated therefore.

IMPORTANT: SUBSCRIPTION RENEWS AUTOMATICALLY UNLESS CANCELLED 24 HOURS PRIOR TO THE END OF THE SUBSCRIPTION PERIOD. 

INDEMNITY AND LIMITATION OF LIABILITY

User agrees to defend, indemnify and hold harmless the company, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service and Service Platform; (ii) your violation of any term of this Agreement; (iii) your violation of any third party rights, including without limitation, any copyright, property, or privacy right; or (iv) any claim that your User Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Service Platform.The material displayed on our Service Platform is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, our Subsidiaries and Affiliates and third parties connected to us hereby expressly exclude:

  1. conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;

  2. any liability for any direct, indirect or consequential loss or damage incurred by any User in connection with the Services, our Service Platform or in connection with the use, inability to use, or the results of the use of the Services or our Service Platform, any websites linked to it and any materials posted on it, including, without limitation any liability for:

  3. loss of income or revenue or business or profits or anticipated savings or data or information;

  4. for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable or advised of the possibility of the same.

The Company’s liability to User shall under all circumstances be limited to a maximum of the amount paid by User (if any) at the time of registration on our Service Platform and/or the purchase price paid by you for Services.

SECURITY

The Company has implemented commercially reasonable technical and organizational measures designed to secure your personal User information from accidental loss and from unauthorized access, use, alteration or disclosure. However, the Company does not guarantee that unauthorized third parties will never be able to defeat those measures or use personal User information for improper purposes.

INTELLECTUAL PROPERTY 

All rights, title and interest in usage of the terms healthquad, invios,anahita including but not limited to all texts, graphics, User interfaces, visual interfaces, computer code and any other information associated therewith are reserved by the Company. All right, title, and interest in and to the Services are and will remain the exclusive property of Anahita Labs Private Limited and its licensors. Any use of Service Platform or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of Anahita Labs Private Limited.

Except as expressly provided in these terms of service, no part of the Company and no content or marks, data, statistics, independent research conducted and posted by the Company may be copied reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way including (“mirroring”) to any other computer, server, website, or other medium for publication or distribution of any for any commercial enterprise, without prior written consent.

By accepting the use of terms hereunder User agrees that the Company does not transfer or assign the title of the Service Platform  to User, and nothing in these terms and conditions shall imply or be deemed or construed to mean that any right, title and interest (including but not limited to intellectual property rights) stands transferred or assigned to User by the Company. The Company retains the full and complete right, title and interest to the Service Platform, and all intellectual property, title and interest to the Service Platform,  and all intellectual rights therein. The User may not redistribute, sell, decompile, reverse engineer, or otherwise reduce the Service Platform in any manner which is contrary to this Agreement.

Any usage of Company contents, without the written authorization of the Company, shall be considered a breach of this Agreement, and User shall be required to indemnify the Company for all liability incurred in this regard.

GOVERNING LAW

The jurisdictional court of Haryana shall have sole jurisdiction over any claim arising from, or related to, a visit to or  use of the Service Platform, although the Company retains the right to bring proceedings against User for breach of any of these terms and conditions in country of residence, country of use or other relevant country. The laws of India govern this Agreement and these terms and conditions and of use of the Service Platform.

 

END USER LICENSE AGREEMENT

THIS END-USER LICENSE AGREEMENT ("EULA") IS A LEGAL AND BINDING AGREEMENT BETWEEN YOU AND ANAHITA LABS PRIVATE LIMITED ("COMPANY"). BY CLICKING ON THE “AGREE” BUTTON AND / OR BY INSTALLING OR OTHERWISE USING THE HEALTHIFYME APPLICATION (THE “APP”) ON YOUR MOBILE PHONE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.

IF YOU DO NOT AGREE TO BE BOUND BY THE AGREEMENT OR THE TERMS AND CONDITIONS ON THE CELLULAR MOBILE PHONE / START-UP APPLICATION, THEN DO NOT CLICK “I AGREE” OR INSTALL, COPY AND/OR USE THE APPLICATION.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU ARE INSTALLING AND USING THE APP AT YOUR OWN RISK. THE APP AND ALL DATA AND CONTENT PROVIDED THROUGH THE APP IS PROVIDED “AS IS”, “WITH ALL FAULTS” AND WITHOUT WARRANTY, TERMS OR CONDITIONS OF ANY KIND. THE COMPANY AND EACH OF ITS LICENSEES, AFFILIATES AND AUTHORIZED REPRESENTATIVES (THE “PARTIES” OR “PARTY’) EXPRESSLY AND SPECIFICALLY DISCLAIM ALL WARRANTIES, TERMS OR CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT AND FITNESS FOR A GENERAL OR PARTICULAR PURPOSE WITH RESPECT TO THE APP AND CONTENT OR THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. THE COMPANY CANNOT AND DOES NOT WARRANT THAT THE APP WILL OPERATE WITHOUT INTERRUPTIONS, THAT IT WILL BE FREE FROM VIRUSES AND ERRORS, OR THAT THE APP WILL NOT INTERFERE WITH THE FUNCTIONING OF OTHER SOFTWARE OR PROGRAMS INSTALLED ON YOUR CELLULAR MOBILE DEVICE AND WILL MEET YOUR REQUIREMENTS. NO ORAL, WRITTEN OR ELECTRONIC INFORMATION OR ADVICE GIVEN BY ANY PARTY SHALL CREATE ANY WARRANTY, TERM OR CONDITION WITH RESPECT TO THE APP OR OTHERWISE.

THE APP MAY BE SUBJECT TO BREACHES OF SECURITY AND THE COMPANY SHALL NOT BE HELD RESPONSIBLE FOR ANY RESULTING DAMAGE TO ANY USER’S DEVICE FROM ANY SUCH BREACH INCLUDING BUT NOT LIMITED TO ANY VIRUS, BUGS, TAMPERING, UNAUTHORIZED, INTERVENTION, OMISSION, DELETION, DEFECT.

THE COMPANY PROVIDES NO ASSURANCE THAT ANY SPECIFIC ERRORS OR DISCREPANCIES WILL BE CORRECTED.

THE COMPANY IS NOT LIABLE FOR ANY NETWORK FAULTS OR DOWNTIME IN NETWORK SERVICES. YOU AGREE AND ACKNOWLEDGE THAT RELAY OF TEXT MESSAGES IS NETWORK DEPENDANT AND COMPANY IS NOT RESPONSIBLE FOR ANY MESSAGES FAILING TO REACH THEIR INTENDED RECIPIENTS.

THE APP USES THE READ ONLY MEMORY (ROM) OF YOUR MOBILE PHONE TO FUNCTION EFFECTIVELY. YOU AGREE AND ACKNOWLEDGE THAT THE APP MIGHT AUTOMATICALLY HIBERNATE OR GO INTO STAND BY MODE IS THE ROM ON YOUR MOBILE PHONE IS INSUFFICIENT TO RUN THE OEM APPS AND FUNCTIONS. THE COMPANY IS NOT RESPONSIBLE FOR THE APP HIBERNATING AND YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE TO KEEP YOUR CELLULAR MOBILE PHONE OPTIMIZED.

IT IS POSSIBLE THAT THE APP MAY GET LOCKED OR STOP WORKING IF THE DATA ON YOUR MOBILE PHONE CAUSES YOUR PHONE TO CRASH OR REQUIRES THE OPERATING SOFTWARE TO BE REINSTALLED. THE COMPANY IS NOT LIABLE OR RESPONSIBLE TO YOU IN ANY MANNER WHATSOEVER FOR SUCH AN OCCURRENCE.

LIMITATION OF LIABILITY

YOU UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCE WILL THE COMPANY, ITS AGENTS, LICENSORS OR SUPPLIERS BE LIABLE TO YOU ON ACCOUNT FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE YOUR MISUSE OF THE SOFTWARE. THE COMPANY SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGES INCLUDING BUT NOT LIMITED TO DAMAGES OF PERSONAL INJURY, EITHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE, ARISING OUT OF THE BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, TERM OR CONDITION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY MISREPRESENTATION, FAILURE OF ANY REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE OR ANY OTHER LEGAL THEORY ARISING OUT OF, OR RELATED TO, THIS AGREEMENT OR YOUR USE OF THE APP (SUCH DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, LOSS OF PROFITS, BUSINESS INTERRUPTION, SAVINGS, LOSS OF PRIVACY OR ANY OTHER PECUNIARY LOSS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF USE OF THE APP OR THE CELLULAR MOBILE DEVICE OR ANY ASSOCIATED EQUIPMENT OR DOCUMENTS), EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, THE ENTIRE LIABILITY OF COMPANY SHALL BE LIMITED TO THE AMOUNT PAID BY YOU TO SUBSCRIBE TO THE SERVICES PROVIDED ON THE APP.

DAMAGES, TERMINATION AND AGREEMENT

User shall defend and hold Company harmless from and against any and all liabilities, damages, costs, expenses or losses arising out of your improper or unauthorized use of the App, your negligent or wrongful acts, your violation of any applicable laws or regulations, and/or your breach of any provision of this EULA.

Without prejudice to any other rights, the Company may terminate this EULA if User fails to comply with or breach the terms and conditions of this EULA or for any other reason upon delivery of notice, unless such breach, where capable of cure, is cured by you immediately upon receipt of a notice of such breach from the Company. In such an event, User must cease use of the Service Platform. The Company may remotely disable the Service Platform  in the event of termination under this section.

This EULA constitutes the entire agreement between User and the Company relating to the Service Platform and supersedes all prior or contemporaneous oral or written communications including but not limited to any terms and conditions of purchase, proposals and representations with respect any subject matter covered by this EULA. The headings in this agreement are for convenience and reference only and do not affect the interpretation of this EULA.

The provisions of the terms of service set out above and privacy policy set out below shall be read together with this EULA and are deemed to be an integral part of this EULA. While this EULA governs use of the Service Platform, the terms of service and privacy policy govern your access and use of the services offered on the Service Platform

GOVERNING LAW AND SEVERABILITY 

The laws of the republic of India govern this EULA. All disputes are subject to the jurisdiction of the courts in Haryana and you submit to such jurisdiction. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, by a court of competent jurisdiction then other provisions shall continue in full force and effect. Such invalid or unenforceable provision(s) shall be replaced by (a) valid and enforceable one(s) which achieve(s) to the extent possible the original purpose of the invalid provision(s).

PRIVACY POLICY 

Last modified: 25 December 2019

Healthquad believes that the User is the owner of his or her User or information (provided or generated by the User) during the use of the services. As custodians of User’s Personal Data or Information, healthquad is transparent about what personal information is collected and how it may be used.

IMPORTANT: THIS PRIVACY POLICY SHOULD BE READ IN CONJUNCTION WITH TERMS OF USE AND EULA AND APPLIES MANDATORY TO ALL USERS WITHOUT EXCEPTIONS OF ANY KIND.

Personal data may be freely provided by the User, or, in case of Usage Data, collected automatically when using healthquad. Unless specified otherwise, all information or data  requested by healthquad is mandatory and failure to provide this information or data may make it impossible for healthquad to provide its services. In cases where healthquad specifically states that some information or data is not mandatory, Users are free not to communicate this information or data without consequences to the availability or the functioning of the service.

 

INFORMATION WE COLLECT

Healthquad may collect the following information about User when the User signs up and during the use of any of the features and services available via Service Platform

  1. mobile phone number, email, first name, last name, marital status;

  2. date of birth, gender, height, weight, waist size, blood group, health conditions;

  3. family members and their demographic and health related information;

  4. postal address including city, state and pincode;

  5. food related logs including food eaten, time, meal type, water intake and related information;

  6. food preferences and food allergies 

  7. health related User information like heart rate, sleep duration and times, blood sugar, blood pressure, exercise provided by user directly or tracked using sensors with permission from User.

  8. health goals, targets like step count, weight etc. and related information

  9. activity information including general activity data, heart rate and other vital data, movement activity, sleeping activity;

  10. payment related information 

  11. pattern of usage on the Service Platform 

  12. device information used to access the Service Platform

  13. location unless permission is not provided 

  14. lifestyle related like working and commute times, smoking habits

  15. emergency contact name and contact number  

  16. health related documents to store online 

  17. app logs when user shares any complaint or issue unless user disables the collection while sharing feedback

 

Healthquad may request following device related permissions when the User signs up and during the use of any of the features and services available via Service Platform

  1. camera permission; 

  2. precise location permission (non-continuous), 

  3. approximate location permission (non-continuous); 

  4. storage permission; 

  5. motion sensors permission; 

  6. bluetooth sharing permission; 

  7. photo library permission; and 

  8. call permission;

HOW AND WHY TO USE

PERSONAL INFORMATION

  1. signup and register

  2. track diet and nutrition

  3. suggest recommended calorie and nutrition intake

  4. suggest activities and other wellness improvement suggestions and recommendations

  5. payment towards services and products on Service Platform

  6. send promotional offers 

  7. communicate to Users, resolving issues and complaints, customer service 

  8. location dependant and location specific filtering of services and offerings

 

DEVICE RELATED PERMISSIONS 

Depending on the User's specific device, healthquad may request certain permissions that allow it to access the User's device data or information as described below. By default, these permissions must be granted by the User before the respective information can be accessed. Once the permission has been given, it can be revoked by the User at any time. In order to revoke these permissions, Users may refer to the device settings and revoke the permissions at any time.The exact procedure for controlling app permissions may be dependent on the User's device and software. Please note that the revoking of such permissions might impact the proper functioning of healthquad.

If User grants any of the permissions listed below, the respective Personal Data may be processed (i.e accessed to, modified or removed) by healthquad.

  1. approximate location permission (continuous) and precise location permission (non-continuous): Used for accessing the User's approximate device location. Healthquad may collect, use, and share User location Data in order to provide location-based services. When using a non-continuous location, the geographic location of the User is determined in a manner that isn't continuous. This means that it is impossible for healthquad to derive the exact position of the User on a continuous basis;

  2. bluetooth sharing permission: Used for accessing Bluetooth related functions such as scanning for devices, connecting with wearable devices, and allowing data transfer between devices;

  3. call permission: Used for sending incoming call notifications on the smart band or wearable device or similar device. (NOTE: HEALTHQUAD DOES NOT STORE ANY CALL RELATED INFORMATION ON ITS SERVERS AND IS MAY BE ONLY USED TO SEND CALL ALERTS OR NOTIFICATIONS TO COMPANION WEARABLE DEVICE)

  4. camera permission: Used for accessing the camera or capturing images and video from the device for features like profile pictures etc;

  5. motion sensors permission: Used for accessing the User's device motion sensors to measure the User's activity such as step counts, stairs climbed, and movement type (walking, cycling, etc.);

  6. photo library permission: Allows access to the User's photo gallery or library to upload pictures from photo gallery or photo library; and

  7. storage permission: Used for accessing shared external storage, including the reading and storing, uploading, downloading, renaming files or deleting files, documents or reports from healthquad server.

REGISTRATION AND AUTHENTICATION

By registering or authenticating, Users allow healthquad to identify them and give them access to dedicated services. Depending on what is described below, third parties may provide registration and authentication services. In this case, healthquad will be able to access some Data, stored by these third-party services, for registration or identification purposes. Some of the services listed below may also collect Personal Data for targeting and profiling purposes; to find out more, please refer to the description of each service. 

  1. Google OAuth (Google LLC): Social login using Google Account;

  2. Firebase Authentication (Google LLC):  Firebase Authentication is a registration and authentication service provided by Google LLC. To simplify the registration and authentication process, Firebase Authentication can make use of third- party identity providers and save the information on its platform. Personal Data collected: email address; phone number; Username; and

  3. Direct registration (healthquad): The User registers by filling out the registration form and providing the Personal Data directly to healthquad.Personal Data collected: mobile number

PAYMENT INFORMATION

Payment related information about Users may be collected to complete the payment and may include the credit card, the bank account etc. used for the transfer, or any other means of payment envisaged. The kind of data collected by healthquad depends on the payment system used in general and unless where otherwise stated, Users are requested to provide their payment details and personal information directly to such payment service providers. Healthquad isn't involved in the collection and processing of such information: instead, it may only receive a notification by the relevant payment service provider as to whether payment has been successfully completed.

PUSH NOTIFICATIONS

Healthquad may send push notifications to the User.Users must be aware that disabling push notifications may negatively affect the utility of healthquad. Healthquad may send push notifications to the User for the purpose of direct marketing (to propose services and products provided by third parties or unrelated to the product or service provided by healthquad) or send instant reminders, new offers on products and services as available on the platform.

Users may in most cases opt-out of receiving push notifications by visiting their device settings, such as the notification settings for mobile phones, and then changing those settings for healthquad or all of the apps on the particular device.Users must be aware that disabling push notifications may negatively affect the utility of healthquad. Besides applicable device settings, the User may also make use of the rights described under User rights in the relevant section of this privacy policy.

SALE AND DELIVERY OF SERVICES

The Personal Data collected are used to provide the User with services or to sell goods and services, including payment and possible delivery. Users that provided their phone number might be contacted for commercial or promotional purposes related to healthquad, as well as for fulfilling support requests.

ANALYTICS

Healthquad may utilize third party services like Google Analytics to monitor and analyze traffic and track of User’s usage patterns  on the Service Platform. Healthquad may use this data for improving User experience, services and other offerings on Service Platform. Google may utilizes the Data collected to track and examine the use of healthquad, to prepare reports on its activities and share them with other Google services. Google may use the Data collected to contextualize and personalize the ads of its own advertising network.

MODE, PLACE AND PURPOSE OF DATA PROCESSING

Healthquad takes appropriate security measures to prevent unauthorized access, disclosure, modification, or unauthorized destruction of the User’s information or data. The Data processing is carried out using computers and/or IT enabled tools, following organizational procedures and modes strictly related to the purposes indicated. In addition to the Owner, in some cases, the Data may be accessible to certain types of persons in charge, involved with the operation of healthquad (administration, sales, marketing, legal, system administration) or external parties (such as third-party technical service providers, mail carriers, hosting providers, IT companies, communications agencies) appointed, if necessary, as Data Processors by the healthquad. The updated list of these parties may be requested from the healthquad at any time.

Depending on the User's location, data transfers may involve transferring the User's Data to a country other than their own. To find out more about the place of processing of such transferred Data, Users can check the section containing details about the processing of Personal Data.

Users are also entitled to learn about the legal basis of Data transfers to a country outside the European Union or to any international organization governed by public international law or set up by two or more countries, such as the UN, and about the security measures taken by the Owner to safeguard their Data. If any such transfer takes place, Users can find out more by checking the relevant sections of this document or inquire with the Owner using the information provided in the contact section.

Personal Data shall be processed and stored for as long as required by the purpose they have been collected for. Therefore:

  1. Personal Data collected for purposes related to the performance of a contract between the healthquad and the User shall be retained until such contract has been fully performed;

  2. Personal Data collected for the purposes of the healthquad’s legitimate interests shall be retained as long as needed to fulfill such purposes. Users may find specific information regarding the legitimate interests pursued by the healthquad within the relevant sections of this document or by contacting the healthquad;

  3. The Company may be allowed to retain Personal Data for a longer period whenever the User has given consent to such processing, as long as such consent is not withdrawn. Furthermore, the Company may be obliged to retain Personal Data for a longer period whenever required to do so for the performance of a legal obligation or upon order of an authority; and 

  4. Once the retention period expires, Personal Data may be deleted. Therefore, the right to access, the right to erasure, the right to rectification and the right to data portability cannot be enforced after expiration of the retention period.

The Data concerning the User is collected to allow the Company to provide its service, comply with its legal obligations, respond to enforcement requests, protect its rights and interests (or those of its Users or third parties), detect any malicious or fraudulent activity, as well as the following: Registration and authentication, Registration and authentication provided directly by healthquad, device permissions for personal data access, analytics, contacting the User, content commenting, displaying content from external platforms, handling activity data, handling payments, hosting and backend infrastructure, infrastructure monitoring, location-based interactions, platform services and hosting and social features.

 

USE OF COOKIES

Cookes or of other tracking tools by healthquad or by the owners of third-party services used by healthquad serves the purpose of providing the Service required by the User, in addition to any other purposes described in the present document and in the Cookie Policy, if available. Users are responsible for any third-party Personal Data obtained, published or shared through healthquad and confirm that they have the third party's consent to provide the Data to healthquad.

 

PLAYSTORE

By virtue of being distributed via google play store  app store, Google may collect usage and diagnostics data and share aggregate information with the healthquad. Much of this information is processed on an opt-in basis. Users may opt-out of this analytics feature directly through their device settings

 

HOSTING AND INFRASTRUCTURE

Hosting and backend infrastructure is meant for the purpose of hosting Data and files that enable healthquad to run and be distributed as well as to provide a ready-made infrastructure to run specific features or parts of healthquad. Infrastructure monitoring services allows healthquad to monitor the use and behavior of its components so its performance, operation, maintenance and troubleshooting can be improved.Platform hosting and services have the purpose of hosting and running key components of healthquad, therefore allowing the provision of healthquad from within a unified platform. Such platforms provide a wide range of tools to the Company like  analytics, User registration, commenting, database management, e-commerce, payment processing, that imply the collection and handling of Personal Data.

Some services among these listed below, if any, may work through geographically distributed servers, making it difficult to determine the actual location where the Personal Data are stored. Which Personal Data are processed depends on the characteristics and mode of implementation of these services, whose function is to filter the activities of healthquad.

  1. Amazon Web Services (AWS) (Amazon Web Services, Inc.);

  2. Firebase Realtime Database (Google LLC);

  3. Firebase Cloud Functions (Google LLC);

  4. Splunk MINT Express (Splunk Inc.);

  5. Google Play Store (Google LLC);

  6. Firebase Dynamic Links (Google LLC);

  7. Firebase Invites (Google LLC)

ADDITIONAL INFORMATION

In addition to the information contained in this privacy policy, healthquad may provide the User with additional and contextual information concerning particular Services or the collection and processing of Personal Data upon request.

  1. System logs and maintenance: For operation and maintenance purposes, healthquad and any third-party services may collect files that record interaction with healthquad (System logs) use other Personal Data (such as the IP Address) for this purpose;

  2. Information not contained in this policy:  More details concerning the collection or processing of Personal Data may be requested from the Company at any time;

  3. Do Not Track requests: Healthquad does not support “Do Not Track” requests.

IMPORTANT: CHANGES TO PRIVACY POLICY

Healthquad reserves the right to make changes to this privacy policy at any time by notifying its Users on this page and possibly within healthquad and/or as far as technically and legally feasible like sending a notice to Users via any contact information available to the Company. It is strongly recommended to check the Privacy Policy page or information on the Service Platform often, referring to the date of the last modification listed at the top.

 

CONTACT

EMAIL: [email protected]