I. WHAT IS U BE FIT?
R.Tej Health Analytics Private Limited (“R.Tej” or “We” or “Our”) is the author, publisher and owner of U Be Fit mobile application with any subdomain thereof, mobile/tablet/console applications or other present or future electronic modes (“U Be Fit”).
U Be Fit mobile app facilitates the provision of “Services” (described below and as updated from time to time) to Clients and HCPs (collectively, the “Users” or “You” or “Your”).
Use of U Be Fit is recommended for reducing the burden of maintaining physical health records, freely access records 24/7, receive health care advice and prescriptions from your health care provider.
II. GENERAL DISCLAIMER
We shall not be liable for the use of Services in contravention of the terms mentioned herein.
(a) Consent
The access and use of U Be Fit by users/visitors shall be governed in accordance with these Terms of Use read along with the Privacy Policy (together referred to as the “Terms”). Further, by impliedly or expressly accepting these Terms, You also accept and agree to be bound by such other rules, guidelines, policies, terms and conditions as are relevant under the applicable law(s) in India for the purposes of accessing, browsing or transacting on U Be Fit, or availing any of the Services, and such rules, guidelines, policies, terms and conditions shall be deemed to be incorporated into, and considered as part and parcel of these Terms.
Please review these Terms regularly to remain informed of any change. If You do not agree to these Terms please discontinue using U Be Fit immediately.
(b) Modification of Terms
R.Tej reserves the right to add, modify, amend, cancel, limit, vary or change, either wholly, or in part, at any point in time, the Terms, without prior notice. Further, R. Tej reserves the right to withdraw, suspend, alter, modify, change or vary U Be Fit features, content, Services or parts thereof, at its sole discretion, without prior notice. All modifications / amendments to the Terms will be posted on U Be Fit and will become effective immediately upon such posting on U Be Fit. Your continued use of U Be Fit after such change or modification shall be deemed to be Your agreement to the revised/modified Terms.
(c) Registration & Subscription
Access to U Be Fit may be gained by creation of a “Client” account or a “Healthcare Provider/HCP” account, as applicable. The registration and creation of an account requires You to reveal Your identity and/or other information about yourself, which will be governed by the Privacy Policy.
R. Tej reserves the right to charge subscription/membership fees and other fees for service from You, by giving reasonable prior notice, in respect of any product, service or any other aspect of the U Be Fit anytime in future.
(d) Eligibility
Client
The Client hereby represents and warrants that the Client:
(1) is at least 18 (eighteen) years of age or above and are fully able and competent to understand and agree the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Terms;
a. For minors age 18 (eighteen) and younger, a parent or legal guardian may establish an additional account for such minor. Minor can access their profile through separate login. Original account holder has full authoritzation and control of minor’s profile until age of 18 after which, minor limited authorization and control of original account holder.
(2) has the right, authority, and capacity to enter into and to fully abide by all of the terms and conditions of these Terms, as far as age, jurisdiction, laws of land, etc. are concerned; and
(3) is not impersonating any other person and is using Client’s actual identity;
(4) agrees to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding Client’s use of the U Be Fit including Services.
Healthcare Provider
The HCP hereby represents and warrants that the HCP:
(1) is at least 18 (eighteen) years of age or above and are fully able and competent to understand and agree the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Terms;
(2) has the right, authority, and capacity to enter into and to fully abide by all of the terms and conditions of these Terms, as far as age, jurisdiction, laws of land, etc. are concerned; and
(3) is not impersonating any other person and is using HCP’s actual identity;
(4) agrees to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding HCP’s use of the U Be Fit including Services.
III. SERVICES
The below mentioned Services are facilitated by R. Tej and/or made available for Users. The Services are governed by the terms mentioned herein. U Be Fit inter alia provides the following services:
(a) General
For Clients:
(1) register and create a personal profile and also profile for immediate family members (“Client Profile”);
(2) upload to profiles their personal and health/medical information;
(3) grant access of their profile to registered HCP;
(4) grant consent and give edit access to their registered HCP to update the Client’s health information and medical records;
(5) make secure payments for the Services provided and utilise the platform for payments to HCPs.
For Healthcare Providers (“HCP”):
(1) register and create a HCP profile (“HCP Profile”);
(2) upload to HCP profile their professional and business information;
(3) access registered Client’s profile and medical records via U Be Fit;
(4) update the Clients health information and medical records;
(5) receive secure payments for the Services provided to the Client.
(b) Profile Creation
Clients
For provision of Services, Clients are mandatorily required to upload their Personal Information. Client’s may also upload existing medical records, maintain repository of reports received from HCP, text, files, images, photos, video, or any other materials (collectively, “Client Content”).
To create a Client Profile, Client must acknowledge and agree that Client may be required to give information about yourself for Client Profile verification. In order to complete Client Profile, Client will be required to inter alia provide full name, country of origin, date of birth, email address, gender, mobile number(s). Uploading identification (Aadhar, American social security number, passport number or other such identification) is optional. Any Personal Information provided by Client to us should be complete and accurate to the best of Client’s knowledge. We are not obliged to cross check or verify information provided by the Client.
Client should not disclose their One Time Password ("OTP") to anyone else and are solely responsible for maintaining the confidentiality of their password and account.
HCPs
For provision of services, HCPs are mandatorily required to upload Personal Information. HCP may be required to upload proof of identification as well as proof of professional licensing information (collectively, “HCP Content”).
To create a HCP Profile, HCP must acknowledge and agree that HCP may be required to give information about yourself for HCP Profile verification. In order to complete HCP Profile, HCP will be required to inter alia provide full name, identification (Aadhar, American social security number, passport number or other such identification) email address, gender, mobile number(s), date of birth, current city/place of residence etc. Any Personal Information provided by HCP to us should be complete and accurate to the best of HCP’s knowledge. We are not obliged to cross check or verify information provided by the HCP.
HCP should not disclose their One Time Password ("OTP") to anyone else and are solely responsible for maintaining the confidentiality of their password and account.
Accuracy of Information
Users are respectively solely responsible for any fraud, misrepresentation in providing and uploading their respective Personal Information during registration and modifications of their profiles. We shall not be liable for any inaccuracies or incompleteness of such information or any direct or indirect losses or injuries caused on account of such inaccuracies or incompleteness.
While we take reasonable efforts to ensure that relevant information provided by HCPs such as their specialisation, qualification, area of practice, experience, fees, location, visiting hours, etc. is accurate and updated at frequent intervals, We shall not be liable for any inaccuracies or incompleteness of such information or any direct or indirect losses or injuries caused on account of such inaccuracies or incompleteness.
(c) Collection and Management of Electronic Health Records
General
EHR service is intended as a facilitating platform for ease of organising, storing, communicating and updating from time to time the EHR and while form of the data may be altered, We do not in any manner alter the contents of the data uploaded.
· “Electronic Health Records” or “EHR” includes but is not limited to the BMR, Personal Information, investigatory information, surgical history, prescriptions, medical reports and other records, whether manually entered or uploaded by the Users.
· “BMR” or “Brief Medical Record” is the unique consolidated chart of Client’s latest diagnosis, medications and treating HCPs.
Accuracy of Information
The accuracy, integrity and the completeness of the information represented is the responsibility of User. We shall not be liable for any inaccuracies or incompleteness of such information or any direct or indirect losses or injuries caused on account of such inaccuracies or incompleteness.
R. Tej shall in no event be liable for any losses or injuries suffered by User or arising out of any actions or omissions made by the User or any other person including a User relying on the information provided on U Be Fit. User is liable for any fraud, misrepresentation, mistake in uploading the EHR.
(d) Grant of EHR Access to HCP
Grant of Access
Client may opt to grant one or more than one HCP, access to view and update the HER. Grant of HCP access is provided to facilitate ease of consultation and treatment for medical ailments, disorder, diseases etc. The grant of HCP access shall be at Client’s own judgement and perception, We shall not be, directly or indirectly, liable for any lapse of Client judgement which may result in any injury or loss.
Revocation of Access
Client may revoke access to any one or more HCPs at any time. We shall not be, directly or indirectly, liable for information shared with HCP outside of the U Be Fit platform.
Diagnosis
HCP access and diagnosis is provided at the express consent by the Client and the same shall not be construed as a replacement for physical consultation and are meant for general consultation only.
(1) If on availing of the service through U Be Fit, Client has been recommended to undergo any diagnostic tests, is issued a prescription or undergo treatment, the same is provided at the discretion of the HCP.
(2) We make no guarantees, representations or warranties, whether expressed or implied, with respect to the quality of work/advice or expertise of HCPs in providing consultation and diagnosis, and shall in no event be liable for any claims pertaining to malpractice, negligence, deficiency of services on the part of the HCPs.
Prescriptions: Any prescriptions made by the HCP basis the grant of access shall be at sole discretion of the HCP and HCP shall be solely responsible for making such prescription. R. Tej does not endorse any prescription nor does it deal in medical drugs. The use of any medical drugs prescribed by the HCP on U Be Fit may be taken at the Client's own discretion and sole responsibility.
Emergency Access: Client is provided with option to grant one time access of Emergency Information to emergency HCP for emergency treatment. “Emergency Information” includes but not limited to, all relevant information earmarked for diagnosing urgent health needs and administering life-saving treatment, such as blood group, medical history, medication history etc.
IV. USER GUIDELINES
(i) You hereby agree not to use the U Be Fit for any purpose that is unlawful under any applicable laws and/or in violation of these Terms.
(ii) You shall not use the U Be Fit in any manner that could damage, disable, overburden, or impair any R. Tej server, any network(s) connected to any R. Tej server, or interfere with any other party’s use and enjoyment of the U Be Fit.
(iii) You shall not attempt to gain unauthorised access to any functions and features, other accounts, computer systems or networks connected to any R. Tej server, in any manner, including, through hacking, password mining or any other unlawful means.
(iv) You shall not obtain or attempt to obtain any materials or information through any means which is not intentionally made available through U Be Fit.
(v) You are responsible for any and all activities that occur in Your account. You agree to notify R. Tej immediately in the event of an unauthorised use of Your account or any other form of security breach.
(vi) You shall be liable for losses incurred by R. Tej or any other party for violation of the Terms for Your account.
V. TERM AND TERMINATION
The Terms shall remain in full force and effect while You use the Services.
Violation of the Terms, may include, conduct that amounts to but is not limited to, falsification of User information, creation of fake profiles, impersonation of a medical professional or of another Client and failing to otherwise abide by the Terms. R. Tej may terminate Your use of/access to U Be Fit or the Services, in its sole discretion, at any time, without warning or notice to You. R. Tej also reserves right to deactivate the account in case of any misconduct, fraud, misrepresentation, threat or coercion by the Client or HCP.
You may un-enroll from U Be Fit, by deleting Your account at any time.
VI. DISCLAIMER OF WARRANTIES
R. Tej is not responsible for the conduct, whether online or offline, of any Client of the Services or HCP. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, any Client communication, Client Content, HCP Content, Personal Information or EHR, or R. Tej content or data from any HCP.
We make no guarantees, representations or warranties, whether expressed or implied, for claims pertaining to malpractice, negligence, deficiency of Services on the part of a HCP and/or such other claims pertaining to, including, without limitation: (a) quality, authenticity and availability of the services and products; (b) delay in performance/delivery or non-performance/delivery of the services and products availed/procured; (c) injury, death and/or side effects caused due to the services and products availed/procured; (d) non-maintenance or any loss of any Personal Information or EHR; (e) insurance and other related services.
VII. STORAGE
By availing the Services, You provide consent to R. Tej for recording, saving and storing for record purposes all such Services availed through U Be Fit by You in the event such records are required to be produced as evidence on the direction of a court of law. R. Tej may review such data from time to time for quality evaluation purposes. However, under normal circumstances, R. Tej will not access any information that identifies a User and shall either omit, mask or anonymise User’s Personal Information at the time of quality evaluation.
U Be Fit does not intend to hold Your records in perpetuity and will accordingly delete records once should You choose to, You may still retain physical copies of Your records. HCPs are able to render advice and prescriptions through use of U Be Fit and they may still continue to see Clients in person and review their physical records.
VIII. SECURITY & DATA
Reasonable administrative, privacy and technical safeguards are in place to protect the Personal Information of Client and HCP available on U Be Fit. To maintain these safeguards and to provide the best experience, You must access U Be Fit using the most recent version of the mobile application.
U Be Fit, the software, or the software application store that makes the software available for download on a device may include functionality to automatically check for updates or upgrades to the software. Unless Your device, its settings, or software does not permit transmission or use of upgrades or updates, You agree that We, or the applicable software or software application store, may provide notice to You of the availability of such upgrades or updates and automatically push such upgrade or update to Your device or computer from time-to-time. For continued access of U Be Fit and the services, You may be required to install certain upgrades or updates to the software, including upgrades or updates designed to correct issues with the Services. Any updates or upgrades provided to You by us shall be considered part of the Services.
By accessing U Be Fit, You hereby agree and understand that Your internet protocol (“IP”) address, device used to access U Be Fit and other demographics will be logged and recorded. If You choose to register and create a Client Profile, we will collect and store such information as specified above. All information collected from You, including information submitted for the registration of a Client or HCP profile, is subject to our Privacy Policy. We may collect further information from You if You wish to avail Services as updated from time to time. We guarantee that Personal Information about Clients will not be provided to any third party without consent from the information source including consent from the relevant Client and/or the HCP.
IX. COMMUNICATIONS & ADVERTISEMENTS
By creating an account, You agree to receive certain communications in connection with U Be Fit or Services including from or on behalf of the HCPs and receive Service related notifications in the form of SMS, email or mobile notifications.
If Clients see something inaccurate within Your BMR, please contact Your relevant HCP. Other requests regarding Your account or use of Services may also be submitted in writing to info@souldigify.com
In consideration for R. Tej granting You access to and use of U Be Fit and Services, You agree that R. Tej and its third party providers and partners may place such advertising on the Services or in connection with the display of Client Content, HCP Content or R. Tej content, or information from the Services, whether submitted by them or others.
X. INTELLECTUAL PROPERTY
You shall not, directly or indirectly through third parties, post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to R. Tej, HCPs or other providers of the Services (including without limitation unlicensed third party content) without obtaining the prior written consent of the owner of such copyrighted material, trademarks, or other proprietary information.
You shall not, directly or indirectly through third parties: (a) make and/or distribute copies of the U Be Fit; (b) attempt to copy, reproduce, alter and/or modify U Be Fit and Services; and/or (c) create derivative works of U Be Fit and Services.
Any violation of these provisions will lead to account termination and subsequent legal action where necessary.
XI. DISPUTES AND GOVERNING LAW
In case of any dispute concerning or involving the Services, You agree that the dispute shall be governed by the laws of India and the Courts of Delhi shall have exclusive jurisdiction to adjudicate all disputes.
Notwithstanding anything to the contrary contained anywhere in these Terms, You agree that monetary damages may not be an adequate remedy for the losses that may be sustained by R. Tej from a breach of the Terms of this U Be Fit and accordingly, R. Tej shall be entitled to seek an injunction, restraining order, right for recovery, suit for specific performance or such other equitable relief as a court of competent jurisdiction may deem necessary or appropriate to restrain You from committing any violation of these Terms.
(a) Limitation of Liability
In no event shall R. Tej be liable to You or any third party for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including damages for loss of use, data or profits (whether incurred directly or indirectly), any loss of goodwill or business reputation, or any other intangible losses, even if You or any third party have been advised of the possibility of such damages.
Notwithstanding anything to the contrary contained herein, R. Tej’s liability to You for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by You to R. Tej (in the form of commission as marketplace) for the services during the term of Your use. The foregoing limitation of liability shall apply to the fullest extent permitted by law. You specifically acknowledge that R. Tej shall not be liable for any defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with You.
(b) Indemnity
You agree to indemnify, defend and hold harmless R. Tej, and any subsidiary, affiliate, director, officer, employee and agent, from and against any and all claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs or expenses, including but not limited to reasonable attorneys’ fees, made by any third party due to or arising out of Your use of the Services in violation of these Terms and/or arising from: (i) Client Content or HCP Content; (ii) Your use of and access to U Be Fit or Services; (iii) Your violation of any term of these Terms; (iv) Your violation of any third party's or Client’s/HCPs right, including without limitation any intellectual property right; or (v) Your unauthorised use of the Services. This defence and indemnification obligation will survive these Terms and Your use of U Be Fit and/or the Services.
(c) Force Majeure
R. Tej, HCP and/or a Client will not be in default, if its/his/her failure to perform any obligations hereunder (other than any payment obligation) is caused by supervening conditions beyond that party’s reasonable control, including without limitation acts of God, civil commotion, strikes, labour disputes, internet service interruptions or slowdowns, vandalism or hacker attacks, or governmental demands or requirements.
XII. E-SIGNATURE
By clicking “Accept”, the User, agrees to the Terms and intend to be my bound by such Terms for using U Be Fit mobile app.
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