Terms & Conditions

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Terms & Conditions

  1. This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

  2. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of this mobile application (hereinafter referred to as “App”).

  3. The App is owned by Shreya Diabetes Care , having its registered office at 715, Gold crest business centre, opposite manubhai jewellers, L.T. Road, Borivali (W) Mumbai 400092 , Maharashtra,India (hereinafter referred to as 'Gadge diabetes care’).

  4. By merely using the App, you shall be deemed to have contracted with GadgeDiabetes Care and have agreed to be bound by the terms and conditions contained herein, including the various policies incorporated by reference in this Agreement.

  5. Your use of the App and the underlying services and tools offered through the App are subject to and governed by the following terms and conditions ( "Terms of Use”) including the applicable policies which are incorporated herein by way of reference. If you transact on the App, you shall be subject to the policiesthat are applicable to the App for such transactionand terms and condition mentioned hereinafter.

  6. For the purpose of these Terms of Use, wherever the context so requires 'You' or 'User' shall mean any natural or legal person who has agreed to become a user/patientby using the App by providing Registration Data while registering on the App as Registered User. The term 'We', 'Us', 'Our' shall mean GadgeDiabetes Care.

  7. When You use any of the services provided by Us through the App, including but not limited to, (e.g. Patient Reviews, Clinic Reviews, Virtual Consultation ), you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at our sole discretion, to change, modify, add, alter, amendor remove portions of these Terms of Use, at any time without any prior written notice to you. It is your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of the App following the posting of changes will mean that you accept and agree to the revisions as and when amended, novated and incorporated.

  9. Membership Eligibility - Only persons who can form legally binding contracts under Indian Contract Act, 1872 are permitted to use the App. Any person who is 'incompetent to contract' within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the App. If you are a minor i.e. under the age of 18 years, and you wish to use or transact on the App, you must only transact using the App registered under the name of a legal guardian or parents. Gadge diabetes care reserves the right to terminate your membership and / or refuse to provide you with access to the App if it is brought to our notice or if it is discovered that you are ineligible to use the App. If you are a minor, your guardian/s and/or parent/s expressly agree that they shall be solely responsible for such use for the app by you and in any circumstances Gadge Diabetes Care shall not be liable for any liabilities arising out of such use of the App by you.

  10. Your Account and Registration Obligations
    1. You are solely and entirely responsible for maintaining the confidentiality and security of your Account, Display Name and password and for restricting access to your mobile device. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms of Use, we shall have the right to indefinitely suspend or terminate or block your access to the App. You agree to accept responsibility for all activities that occur under your account or password including any content stored, posted or otherwise transmitted through your account even when certain content is posted by others who have access to your account with or without your consent/authorization. We shallnot be, under any circumstances be responsible for any changes to the content in your account, including without limitation, product listings or prices, that are attributable to use of your account by any third party, with or without your consent and you hereby expressly agree not to hold us liable in such a case .We shall not be liable under any circumstances to any person for any loss or damage which may arise as a result of any failure by you or otherwise to protect your password or account and the loss or damage arising therefrom.
    2. If you know or suspect that someone unauthorised knows your password or any other security breach, then you should notify us by contacting us immediately and in no event later than 24 hours through the address provided in the 'Contact Us' section of the website. If GadgeDiabetes Care has reason to believe that there is likely to be a breach of security or misuse of the App, we may require you to change your password or we may suspend your account without any liability and without any prior notice to you. Without prejudice to the above, GadgeDiabetes Care reserves the right to recover from you any and all damages, losses or costs that are levied on or suffered by GadgeDiabetes Caredue to misuse of your account or password whether due to reasons attributable to you or not .
    3. It is very important that you log out when you have finished using the App and preferably every time you leave your mobile device unattended. Lleaving yourself logged in, may cause unauthorizeduse and access of your mobile device and to your Account. Such unauthorized user may read, modify your personal information, or delete any content from your Account that may be registered in the App. Such unauthorized usermay send emails out from your user ID. Such unauthorized usermay even attempt to hack or damage the system from your user ID communications. In such circumstances, Gadge Diabetes Care shall not be responsible for any unauthorized access and actions and or claims arising out if such unauthorized access. Infact by clicking on the tick option at the dialog box containing the disclaimer appearing on the __ page of the App, you, you indemnify Gadge Diabetes Care from any such claims and/or actions arising out of such unauthorized use of your mobile device. Not only you indemnify Gadge Diabetes are from any such claims and/or actions arising out of such unauthorized use of your mobile device but also expressly agree to not to claim any damages arising out of such unauthorized use of mobile device.
    4. When You use the App or send emails or other data, information or communication to us, you agree and understand that you are communicating with us through electronic records and you consent to receive communications via electronic records from us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.

  11. Platform for Transaction and Communication
    1. The App is only an application that provides access to the technology platform managed by GadgeDiabetes Care that can be utilized by only registered Users to avail services. Gadge diabetes care is only providing a platform for communication and booking of appointments .
    2. Gadge diabetes care is not responsible for unsatisfactory or delayed performance of services or damages or delays as as result of unavailability or back ordered.

  12. In the event there is some technical issue, typographical error or mistake published, incorrectlyreflected, GadgeDiabetes Care may cancel such your appointment(s).In any such eventGadgeDiabetes Care shall not be liable for and you hereby release and indemnify and/or any of its officers and representatives from any cost, damage, liability or other consequence of such cancellation of the appointment.

  13. You release and indemnify GadgeDiabetes Care or any of its officers and representatives from any cost, damage, liability or other consequence of the actions of the Users of the App and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, GadgeDiabetes Caredoes nottake responsibility or control the information provided by other Users which is made available on the App.

  14. Charges
    1. Use of the App is free for registered users. GadgeDiabetes Caredoes not charge any fee for using the App. GadgeDiabetes Care shall charges for booking of appointments.GadgeDiabetes Carereserves the right and sole discretion to change its Fee Policy from time to time without intimating anyone. In particular, GadgeDiabetes Caremay at its sole discretion introduce new services and modify some or all of the existing services offered through the App. In such an event, GadgeDiabetes Carereserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be intimated to users of the App and such changes shall automatically become effective immediately thereafter. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to GadgeDiabetes Care.

  15. Use of the App
    1. You agree, undertake and confirm that your use of App shall be strictly governed by the following binding principles: 15.1 You shall not host, display, upload, modify, publish, transmit, update or share any information which: Belongs to another person and to which you do not have any right to; Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasion of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; or unlawfully threatening or unlawfully harassing including but not limited to 'indecent representation of women' within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986; is misleading in any way; is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person; involves the transmission of 'junk mail', 'chain letters', or unsolicited mass mailing or 'spamming'; promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous; infringes upon or violates any third party's rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity]; contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page); provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone; provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; contains video, photographs, or images of another person (with a minor or an adult). (n) tries to gain unauthorized access or exceeds the scope of authorized access to the App or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the App or solicits passwords or personal identifying information for commercial or unlawful purposes from other users; refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the App or any other website, contains content that would be prohibited or violates the essence of these Terms of Use harm minors in any way; infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products; violates any law for the time being in force; deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; impersonate 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; or contains any Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information; 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. .

  16. You shall not use any program, algorithm or methodology, or any similar or equivalent manual process, to copy or, in any way reproduce or circumvent the navigational structure or presentation of the Content on the App, to obtain or attempt to obtain any data or information about the App or the Content through any means other than that which has been purposely made available through the App. GadgeDiabetes Carereservesthe right to bar any such activity.

  17. You shall not attempt to gain unauthorized access to any portion or feature of the App, or any other systems or networks connected to the App, by hacking, password 'mining' or any other illegitimate means.

  18. You shall not probe, scan or test the vulnerability of the App or any network connected to the App nor breach the security or authentication measures on the App or any network connected to the App. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to App, or any other customer, including any account on the App not owned by You, to its source, or exploit the App or any service or information made available or offered by or through the App, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the App.

  19. You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about us or the brand name or domain name used by us including the terms.

  20. You shall not forget headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the App or any service offered on or through the App. You shallnot pretend that you are, or that you represent, someone else, or impersonate any other individual or entity or access the App through another user's account, unless authorized to do so.

  21. You shall not use the App or any 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 ofGadgeDiabetes Care and / or others.

  22. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable domestic laws, rules and regulations

  23. We reserve the right, but have no obligation, to monitor the materials posted on the App. GadgeDiabetes Careshall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, you remain solely responsible for the content of the materials you post on the App and in your private messages .

  24. It is possible that other users (including unauthorized users or 'hackers') may post or transmit offensive or obscene materials on the App and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the App, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using the App You acknowledge and agree that under such or any other circumstances GadgeDiabetes Careshallnot responsible for the use of any personal information that you publicly disclose or share with others on the App. Please carefully select the type of information that you publicly disclose or share with others on the App.

  25. Contents Posted on the App - All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, 'Content'), is a third party user generated content and GadgeDiabetes Carehas no control over such third party user generated content as GadgeDiabetes Careis merely an intermediary for the purposes of this Terms of Use, except as expressly provided in the Terms of Use, no part of the App and no content shallbe copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including 'mirroring') to any other computer, server, App, website or other medium for publication or distribution or for any commercial enterprise, without Gadge diabetes care express prior written consent

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