myArogya Terms of Use
August 15, 2015
These are myArogya App (“ App”) Terms and Conditions of Use (the “Terms of Use”) governing the use by you, the user, of the App and the various related services, content, applications, software and material so offered through or in conjunction with the App provided and maintained by Arogya World (“Arogya”).
1. User’s Acknowledgment and Acceptance of Terms
We provide the App to you subject to your compliance with all the terms, conditions, and notices contained or referenced herein, as well as any applicable license or other written agreement between us and you. In addition, when using any services or content you will be subject to any posted guidelines or rules applicable to such services or content that may contain terms and conditions in addition to those in these Terms of Use. All such guidelines or rules are hereby incorporated by reference into these Terms of Use.
By using this app, you agree to be bound by these terms of use. Please read them carefully before using the app. If you do not wish to be bound by these terms of use, please stop using the app now.
Your remedy for dissatisfaction with the app, including any products, services, content, or other information available on or through the app, is to stop using the app and/or those particular products, services or content. Your agreement with us regarding compliance with these terms of use becomes effective immediately upon commencement of your use of the app.
We expressly reserve the right to change these Terms of Use from time to time without notice to you. You acknowledge and agree that it is your responsibility to review these Terms of Use each time you use the App and to familiarize yourself with any modifications. Your continued use of the App after such modifications will constitute acknowledgement of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use.
As used in these Terms of Use:
- References to “third parties” include our contracting parties
- References to “content” include any information, data, communications, software, text, images, photos, video, graphics, music, sounds, and other material and services that can be viewed or used by users of the App, including, without limitation, comments, discussion groups, and other original content
2. Intended Purpose of the App
- To take all reasonable measures to keep participants’ information confidential
- To capture all health related data in a secure manner and to further protect participants’ confidentiality
- To ensure data privacy throughout the study
- To enable participants to receive their health status reports
- To enable us to capture the behavioral and life style change in the participants
3. Permitted Use of the App
Subject to these Terms of Use, the terms and conditions of any applicable license or other agreement and applicable law, we hereby grant you permission to view and use the App for the intended purposes.
We reserve the sole right to either modify or discontinue the App, including without limitation any of the App’s features or any Services, at any time with or without notice to you, subject to the terms of any applicable license. We will not be liable to you or any third party should we exercise such right. Any new features that augment or enhance the App will also be subject to these Terms of Use.
4. Prohibited Use of the App
You are solely responsible for the substance of your communications through the App. Except as expressly set forth under “Permitted Uses of the App,” any other use of the App is prohibited without first obtaining written permission from us.
5. Consequences of Unacceptable Use
We reserve the right, at our sole discretion, to remove any content that, in our judgment, does not comply with these Terms of Use, any applicable license, any other agreement pursuant to which you use the App or applicable law, or is otherwise harmful or objectionable. You hereby consent to such removal and waive any claim against us arising out of such removal of content.
You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the App with or without notice and for any reason. Without limiting the foregoing, any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship with us and may be referred to appropriate law enforcement authorities.
Upon termination or suspension, regardless of the reasons therefore, your right to use the App 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 the App. We will not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
Without limiting the foregoing, we reserve the right to terminate or suspend access to all or part of the App with or without notice to anyone whom we become aware is using the App in violation of law. IT IS YOUR SOLE RESPONSIBILITY TO USE THE SERVICES IN COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS OR ANY RULES OR REGULATIONS PROMULGATED THEREUNDER AND ALL APPLICABLE COPYRIGHT AND OTHER LAWS.
6. Disclaimer of Warranties
To the maximum extent permitted by applicable law, the App is provided “as is” without warranties, conditions, representations or guaranties of any kind, either expressed, implied, statutory or otherwise, including but not limited to, any implied warranties or conditions of merchantability, satisfactory quality, title, non-infringement or fitness for a particular purpose. Arogya does not warrant the operation of its offerings will be uninterrupted or error free. You bear the entire risk as to the results, quality and performance of the App should the App prove defective. No oral or written information or advice given by Arogya or its authorized representative shall create a warranty. The App was designed to be a supplementary educational tool. You are advised to not solely rely on the App for any reason.
7. Limitation of Liabilities
To the maximum extent permitted by applicable law, in no event and under no legal theory shall Arogya or any other person who has been involved in the creation, production, or delivery of this App and its offerings be liable to you or any other person for any general, direct, indirect, special, incidental, consequential, cover or other damages of any character arising out of use of or inability to use the App, including but not limited to, personal injury, loss of data, loss of profits, loss of assignments, data or output from the App being rendered inaccurate, server down time, damages for loss of goodwill, business interruption, mobile failure or malfunction, or any and all other damages or losses of whatever nature, even if Argoya has been informed of the possibility of such damages.
8. Indemnification
Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of the App.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
9. Right to Communicate with the User
Arogya shall have the right to communicate with the users through email, messaging, blogging or through using other electronic means (collectively, “Communications”) available to users of the App, either directly or through a third-party provider. We make available separate supplemental agreements characterizing the relationship between you and us that, except where expressly noted or contradictory, includes these Terms of Use.
We may employ automated monitoring devices or techniques to protect our users from mass unsolicited communications (also known as “spam”) and/or other types of electronic communications that we deem inconsistent. However, such devices or techniques are not perfect, and we will not be responsible for any legitimate communication that is blocked, or for any unsolicited communication that is not blocked.