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Addendum 2 - This Addendum is part of the Schedule for Care Plan Evaluation
PLATFORM TERMS & CONDITIONS
The Platform is powered by Tata Communications Transformation Services Limited (Tata Communications), and Tata Communications provides the HSP with specific services relating to hosting and managing the Platform.
Technology or Care Plan based Remote Monitoring Technology Platform means the Care Plan based Remote Monitoring Technology deployed by Tata Communications for the HSP which inter alia enables the supply of Care Plan based Remote Monitoring Services by HSP and HSP Users to the Patients via the Platform.
Platform means the Web [enter url] and App (Android and iOS) platform available at [enter url] that is available to You, and enables the HSP and HSP Users to provide Patients with Care Plan based Remote Monitoring Services using the Technology. Platform is the combination of the Web Platform and App platform (Android and iOS) for HSP users and App Platform (Android and iOS) for Patient Users.
Care Monitoring Team (CMT) means a team of doctors, nurses, paramedics or other staff employed by the HSP who will be engaged in monitoring the Care Plan of the patients, monitoring any threshold breach alerts of the patients clinical and physical parameters, connecting with the patient in case of any threshold breach or attention needed, reviewing the patients parameters, update the reminders and frequency (for a Patient) etc.
Care Plan means a set of clinical and physical parameters established by HSP that needs to be monitored for a particular patient based on their ailment and specialty which has to be monitored to keep a track of the patients health.
Registration Details means the registration details including user id and password provided to You by the HSP.
You can register as a User on the Platform; and
Interact with each other using the following functions of the Care Plan based Remote Monitoring Technology Platform:
Gloheal App (iPhone & Android): Patients can upload their health parameters as defined by their consulting doctors in the assigned care plan for the patients using this platform. Patients can also ask questions from their Care Monitoring Teams (CMT) using this platform. Patients will also get alerts based on the threshold breach (set by their doctors) and reminders during parameters entry.
Gloheal Doc Manager Web and App (iPhone & Android Gloheal Doc App): which will enable HSP staffs and HSP's Care Monitoring Team (CMT) staffs to onboard a patient, monitor and review the parameters entered by the patients on the platform, keep a track of their health, respond to their query and act as a remote health coach.
Care Plan based Remote Monitoring Services or Remote Monitoring and Care Services will be provided by HSP to the Patients where CMT monitors the Care Plan of the Patients, monitors any threshold breach alerts of the Patients clinical and physical parameters, connects with the Patient in case of any threshold breach or attention needed, reviews the Patients parameters, update the reminders and frequency (for a Patient) etc.
User or You (and variations of the term such as Your, or Their) mean the following:
Patient Users: Patients of the HSP who are onboarded on the Platform with the intention of using the Services; and
HSP Users: doctors, nurses and paramedics associated with the HSP who create a User Account by registering on the Platform with the intention of using the Service
User Account means the user account created by You upon providing Your Registration Details and other information as may be required on the registration page of the Platform, for the purpose of enabling Your access to the Services.
All Users will be required to onboarded on the Platform for the purpose of using the Services, by providing Their Registration Details and such other information as may be required on the registration page of the Platform.
Each User is responsible for maintaining the secrecy of any Registration Details (including passwords, login name/user-id) at all times and shall be personally responsible for any and all use of the Platform by such User and anyone using such Users login information and password whether with or without the Users permission.
You agree to (a) ensure that You shall exit from Your User Account at the end of each session and (b) immediately notify the HSP and Tata Communications of any unauthorized use of Your Registration Details or other User Account information or any other breach of security in relation to Your access to and use of the Platform and / or Services. Both the HSP and Tata Communications cannot and will not be liable for any loss or damage arising from Your failure to comply with clauses 2.2 and 2.3. You may be held liable for losses incurred by the HSP and / orTata Communications or any other User of the Platform due to authorized or unauthorized use of the Platform using Your Registration Details / other User Account information, as a result of Your failure in keeping Your Registration Details / other User Account information secure and confidential.
You may not use the Platform and / or the Services:
for any purpose that is unlawful, illegal or forbidden by law;
In any manner that harms the HSP, Tata Communications, or their respective directors, employees, affiliates, distributors, partners, service providers, and / or any other User of the Platform;
to remove any copyright and other proprietary notices contained in any content on the Platform or Service;
to copy, decompile, reverse engineer, or otherwise attempt to discover any source code, sell, assign or otherwise transfer any intellectual property in the Platform and / or Services other than as agreed in the Terms;
for the purpose of accessing the Services, Platform, or any user content, posted by a User on the Platform by the use of spiders or robots.
to send communications containing unsolicited / unauthorized advertisements, promotions or marketing material.
in any manner other than as agreed in the Terms.
When you use the Platform and/or the Services You specifically undertake not to host, display, upload, modify, publish, transmit, update or share any content, whether through the Platform or by way of use of the Services, that:
Belongs to another person and to which you have no right to;
Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of anothers privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
Harms minors in anyway;
Infringes any patent, trademark, copyright, or other proprietary rights;
Violates any applicable laws;
Deceives or misleads the addressee about the origin of such messages or communicates any information that is grossly offensive or menacing in nature;
Impersonates another person;
Contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer resource;
Threatens the unity, integrity, defense, security, or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
You are responsible for all content that You upload, post, transmit or otherwise make available on the Platform. You represent that you have obtained all relevant consents and approvals (as may be required) in order to post any such content. You hereby grant the HSP and Tata Communications a perpetual, non-revocable, worldwide, royalty-free license to use, copy, distribute, display, reproduce, modify, adapt any such content and create derivate works of such content. You represent and warrant that You own or otherwise control all of the rights to any user content that You post or that You otherwise provide on or through the Platform; and that, as at the date that the content is posted or submitted on the Platform: (i) the content is accurate; (ii) use of the content does not breach these Terms or applicable law; and (iii) that the posting and use of such content is lawful.
If You are a HSP User providing Remote Monitoring and Care Services, the following provisions shall be applicable to Your use of thePlatform:
You must not make any positive assertion regarding the risk-free nature of remote monitoring and care using Technology.
You must make Your own assessment of the Patient Users condition by additional tests and investigations separately where necessary
You must not substitute Remote Monitoring and Care Services for 'actual examination'
You must explain to Patient User that remote monitoring and care over technical medium may have its own challenges and that You may require the Patient User to undergo additional tests and in-person consultation before further diagnosis or prescription of medicine.
Where the Patient User appears to require emergency assistance, You should render assistance as necessary and direct the Patient User to the nearest hospital.
For Remote Monitoring and Care Services, if You are monitoring the Patient You should perform Your role in accordance with the standard operating procedure (SOP) of the HSP.
You represent the following:
You are of the legal age of majority and can enter into binding contracts. If you are not of the age of majority, please do not register on and access the Platform / use the Services.
You will comply with all applicable laws as well as abide by all additional restrictions displayed on the Platform, and the Terms as may be updated from time to time.
THE PLATFORM AND THE SERVICES PROVIDED BY THE HSP TO YOU ARE POWERED BY TATA COMMUNICATIONS.
Tata Communications is a service provider to the HSP, and provides the HSP with certain services in relation to the Platform and the Services, including hosting of the Platform in third party/its sub-suppliers cloud platform under 3rd party vendor accounts, and other services that facilitate the provision of the Services by the HSP to You.
You acknowledge that Tata Communications does not directly provide any Services to the User, and the role of Tata Communications is limited to facilitate the provision of the Services by the HSP.
Tata Communications does not endorse, or make any representation or warranty regarding the Services, the Platform, and any content including third party links made available on the Platform or through the Services.
Tata Communications shall not be held liable for any faults or non-compliances whether with these Terms or otherwise, in the offering and availability of the Platform / Services to Users.
Tata Communications role is that of an intermediary as defined under the Information Technology Act, 2000 and the rules thereunder. Being an intermediary, Tata Communications has no responsibility and / or liability in respect of any content or the Services being provided using the Platform.
Tata Communications is not in the business of providing healthcare services or medical advice and Tata Communications is not providing any such service to the HSP or to the Users.
Tata Communications has the right to assign its obligations for providing services related to the Platform and Services to the HSP to any other third party, without providing any notice to You.
All intellectual property and any derivatives, modifications and enhancements thereof related to the Platform belong exclusively to Tata Communications or its licensors. All intellectual property rights and any derivatives, modifications and enhancements thereof to Platform belong exclusively to Tata Communications or its licensors. Except as set forth in these Terms, no rights in any intellectual property relating to the Platform is granted to any User.
All content on the Platform, including but not limited to the design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement, and any derivatives, modifications and enhancements thereof are either the proprietary content of the HSP, Tata Communications or their licensors, and no rights in relation to such content are transferred to any Users. All rights to such content are reserved.
Subject to the Terms, the HSP grants each User a personal, non-exclusive, non-transferable, non-sub licensable, limited right to access and use the Platform solely for the purposes as described in the Terms.
The trademarks, service marks, designs, and logos (collectively, the "Trademarks") displayed on the Platform are the registered and unregistered trademarks of the HSP, Tata Communications or their licensors or group companies and no rights in relation to such Trademarks are transferred to any Users. All rights to such Trademarks are reserved.
The User acknowledges that the Platform may contain information which is designated confidential by the HSP and agrees that the User shall not disclose such information without the HSP prior written consent.
Specifically, HSP Users acknowledge that all Patient related information is confidential and may only make use of such confidential information in accordance with the Terms, the policies applicable to the HSP and in accordance with applicable law.
As a matter of convenience to Users, the Platform may provide links to various third-party websites. If a User uses any of these links, such Users may be directed/redirected to such external website and may leave the Platform.
If You decide to visit any such external link, You agree to do so at your own risk, responsibility and liability. The HSP and/or Tata Communications make no warranty or representation regarding, and does not endorse, any website linked to the Platform or the information appearing thereon or any of the products or services described thereon. The HSP and/or Tata Communications do not endorse or represent any service provider listed on the Platform.
Any display of third party goods / services offered through the Platform does not in any way imply, suggest, or constitute any reputation, sponsorship or approval of the HSP and / or Tata Communications by any such third parties. The display of any specific options does not suggest any recommendation or endorsement by the HSP and / or Tata Communications of the third-party goods / services.
The User agrees that the HSP and Tata Communications are in no way responsible for the accuracy, timeliness or completeness of information it may obtain from these third parties and which may be posted on the Platform and as may be amended from time to time. The Users interaction with any third party accessed through the Platform is at the Users own risk, and the HSP and Tata Communications will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any such third parties or for any refunds, exchanges, personal injuries, death, property damage, or other damages or expenses resulting from the Users interactions with such third parties or availing any goods / services from such third parties.
The HSP may collect certain personal information from You in connection with the Service. Such personal information may be collected in various ways including:
At the time of onboarding in onboarding form post your purchase of the care plan
when You are onboarded and You login on the Platform first time,
when You use the Platform,
when You as a Patient User interacts with an HSP User in the HSP
For the purpose of providing you with the Services, in accordance with the Terms. The personal information may be published on the Platform for the purpose of providing such Services, however, access to such published Personal Information will be limited and provided to Users in accordance with the Terms.
For account administration, customer service and technical support, billing and reconciliation, operational maintenance and support, fraud detection and prevention, as required by law or regulation.
For data analysis, including research, statistical analysis and business intelligence purposes, and for commercial use or sale of such analytics in an aggregated or de-identified format (i.e. without identifying a particular User as the provider or source of information).
For the purpose of contacting You, and communicating with You via email, phone calls or text messages, to provide care feedbacks, to obtain feedback, or identifying and offering to You other products and services that the HSP, or Tata Communications or Our respective affiliates or partners, may offer.
For the purpose of analyzing software usage patterns for improving product design and utility of the Services and Platform.
For the purpose of providing You with advertisements on the Platform as We / Tata Communications and / or our respective affiliates may deem relevant to You.
Some of the purposes which we have listed above may be performed by Tata Communications and / or its affiliates, in their capacity as a service provider to this HSP and some of the purposes may be performed by Tata Communications and / or its affiliates, on their own behalf.
The HSP will be deemed to be the primary data collector.
Tata Communications will be deemed to be a service provider to the HSP and a transferee of personal data.
to Tata Communications (in its capacity as a service provider),
to HSP Users (if You are a Patient User),
to other doctors and health care providers associated with the HSP,
to other service providers,
Tata Communications, as a service provider may also share your personal information with its group companies and contractors for the purposes mentioned in clause 8.2 and 8.3.5 above.
If You have any grievance with respect to the processing of your personal information, You may contact the grievance officer appointed by the HSP: email@example.com
Communication with You:
By clicking the "I Accept" button at the end of these Platform Terms and Conditions or by making use of the Platform / Service, You acknowledge and hereby specifically consent to either of the HSP, Tata Communications or our respective affiliates and partners, contacting You using the contact information You have provided to the HSP / Tata Communications at any time during Your association with the HSP, or Your use of the Platform / Services. The HSP or Tata Communications, or our respective affiliates and partners, may contact You for any of the purposes mentioned in clause 8.2 above, including:
To obtain feedback regarding the Platform and Services
To provide Care related feedback to you based on your parameters
To contact You for offering new products or services, whether offered by the HSP or Tata Communications or our respective affiliates or partners.
For the purpose of providing You with advertisements on the Platform as the HSP / Tata Communications and / or their respective affiliates may deem relevant to You
You acknowledge and agree that You may be contacted for the above purposes, using any of the contact details provided by You, including via emails, text messages or phone calls.
In the event You have indicated any do not disturb preferences to Your telecom service provider, and registered Yourself on the national customer preference register / do not disturb or similar list, We request You to ensure that Your registered preferences allowfor communications to be sent to You in accordance with this clause 8.7. Specifically, We request You to ensure that Your preferences allow communications for the following purposes: health, consumer goods, communication / IT, and insurance.
THE TECHNOLOGY, PLATFORM AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE HSP AND TATA COMMUNICATIONS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT, AND SECURITY AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE.
THE HSP AND TATA COMMUNICATIONS MAKE NO WARRANTY, AND EXPRESSLY DISCLAIM ANY OBLIGATION, THAT: (A) THE CONTENT ON THE PLATFORM WILL BE UP-TO-DATE, COMPLETE, COMPREHENSIVE, ACCURATE OR APPLICABLE TO THE USERS CIRCUMSTANCES; (B) THE TECHNOLOGY / PLATFORM / SERVICES WILL MEET ANY USERS REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE TECHNOLOGY OR PLATFORM OR SERVICES OFFERED THROUGH THE PLATFROM WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY DELIVERABLES, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY THE USER THROUGH THE PLATFORM / TECHNOLOGY WILL MEET THE USERS EXPECTATIONS.
THE CONTENT AVAILABLE ON THE PLATFORM MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. TATA COMMUNICATIONS AND / OR THE HSP DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY SUCH CONTENT OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, MEMORANDUM OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE PLATFORM. THE USER ACKNOWLEDGES THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM OR INFORMATION SHALL BE AT THE USERS SOLE RISK. TATA COMMUNICATIONS AND / OR THE HSP DO NOT ENDORSE OR REPRESENT ANY THIRD PARTY LISTED ON THE PLATFORM.
Your violation of the Terms may result in the HSP suspending or terminating your User Account. Your User Account may also be terminated if so required under any applicable law.
The HSP may also, at its sole discretion ban Your access to the Platform by blocking Your IP address and / or email address. The HSP also reserves the right to initiate appropriate civil or criminal action against You in the event of violation of the Terms or applicable law.
You agree that the HSP may, at its sole discretion, terminate or suspend Your User Account on the Platform with or without notice and for any reason.
Upon User Account termination or suspension, regardless of the reasons, Your right to use the Platform or Services immediately ceases, and you acknowledge and agree that We 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 this Platform. Tata Communications and / or the HSP shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension of Your User Account or any other actions taken in connection with such account termination or suspension.
Subject to applicable laws, Tata Communications and or the HSP (including their respective officers, directors, employees, representatives, affiliates, partners and service providers) will not be responsible or liable for:
any injury, loss, claim, act of god, accident, delay, or any direct, special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including without limitation lost profits or lost savings), whether based in contract, tort, strict liability or otherwise, that arise out of or is in any way connected with (i) any failure or delay (including without limitation the use of or inability to use any component of the Platform or the Services), in the provision of the Services or Technology, or (ii) any use of the Platform or content available on the Platform, or (iii) the performance or non-performance by Tata Communications or the HSP, or any third party partner or service provider, even if Tata Communications or the HSP has been advised of the possibility of damages to such parties or any other party, or
any damages to or viruses that may infect a Users computer equipment or other property as the result of the users access to the platform or the users downloading of any content from the platform.
Subject to applicable laws, in any event the HSPs and Tata Communications liability arising out of the Terms shall not exceed INR 1000 (Indian rupees one thousand only).
You agree to defend, hold harmless and indemnify the HSP and Tata Communications, its affiliates, directors and officers (collectively the "Indemnified Parties") from and against any and all losses, costs, expenses, damages or other liabilities incurred by any Indemnified Party, from and against any cost, liability, loss, damage, cause of action, claim, suit, proceeding, demand or action brought by a third party against an Indemnified Party, due to or arising out of or in connection with (a) Your use of the Platform or (b) Your breach of any provision of the Terms (c) or any negligent or intentional wrongdoing on Your part.
Any such indemnification shall be conditioned on Our: (a) notifying You in writing of any such claim, demand, action, cost, liability, loss or threat of any thereof; (b) cooperating with You in the defense or settlement thereof. You shall not settle or compromise any such matter without our prior written consent. We shall be entitled to participate in such defense through our own counsel at Your cost and expense.
Force Majeure: Neither the HSP nor Tata Communications shall be liable for any downtime or delay or unavailability of the Platform or Technology caused by circumstances beyond their reasonable control, including without limitation, acts of God, acts of government, floods,fires, earthquakes, civil unrest, acts of terror, strikes or other labor problems, internet service provider failures or delays, or denial of service attacks.
Advertisement: The HSP may solely upon mutual agreement with Tata Communications have the right to place advertisements and publicity materials of its choice, including that pertaining to parties other than itself for commercial use through electronic means on the Platform.
Assignment: You may not assign or otherwise transfer Your User Account, Your right to access the Platform or the Services, or your rights or obligations under these Terms. The HSP may assign its rights and duties under these Terms without any such assignment being considered a change to the Terms and without any notice to You.
Waiver: Any failure by Tata Communications and / or the HSP to act on a breach of these Terms by a User on any occasion is not a waiver of Tata Communications and / or the HSPs right to act with respect to future or similar breaches.
Severability: If any of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that Term will be enforced to the fullest extent permitted by applicable law and the other Terms will continue to remain valid and enforceable.
The Terms make up the entire agreement between the HSP and the User relating to such Users use of the Platform and the Services.
In addition, If You are an HSP User then the Terms will be applicable in addition to any other agreements / documents executed between the HSP and You, such as an employment or consultancy agreement.
Conflict: In the event of any conflict:
Between these Platform Terms and Conditions and any Additional Terms, the Platform Terms and Conditions shall prevail;
Between these Platform Terms and Conditions and any employment / consultancy agreement executed between You (if You are an HSP User) and the HSP, these Platform Terms and Conditions shall prevail.
Governing Law and Jurisdiction: The laws of the India will govern the Terms, as well as the observance of such Terms by the HSP and the User. The courts of Mumbai will have exclusive jurisdiction over any dispute in relation to these Terms.
If You have any questions or concerns regarding the Terms or the Platform, please contact us at: firstname.lastname@example.org
Last updated on: Feb 16, 2018
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