Terms Of Service| DoseTap

Terms and Conditions

This Terms and Conditions are effective from February 1, 2020. We, MedeAssist Solutions Pvt. Ltd. (“us”,”we” or “our”), provide our services to our users and visitors ("you" or "your") with our health management device the “Device”), having health management mobile device application (the “DoseTap” or the "App") and operates through the related website (including the mobile-optimized versions of such website, the "Site"). The Device, the App and the Site are referred to together as the "Services" or the “Service offerings”.

You agree to be bound by the terms and conditions described in these terms and conclude a legally binding contract based on these terms with us if you accept these terms expressly, or if you download, use or access our app or website, or you connect a device to our app or you use any of our related services. These terms contain important terms that affect your rights, including disclaimers and limitations of liability.

You represent, acknowledge and agree that you are at least 18 years of age or that you have your parent or legal guardian’s permission to agree to these terms.

If you do not agree with any of these terms, then do not download, use or access any of our device, app, website or our related services.

Disclaimers

THE APPLICATION IS INTENDED AS A BACKUP PILL OR MEDICATION MANAGEMENT SYSTEM THAT YOU CAN PERSONALIZE FOR TAKING YOUR MEDICATIONS. YOU SHOULD NOT AND MUST NOT RELY ON THE APPLICATION AS YOUR PRIMARY TOOL FOR DETERMINING WHETHER AND WHEN TO TAKE MEDICATION. YOUR USE OF ANY ASPECT OF OUR SERVCE IS AT YOUR OWN RISK. YOU MUST CONSULT WITH HEALTHCARE PROVIDERS AND MAKE YOUR MEDICAL DECISIONS BASED ON THEIR ADVICE. WE CANNOT AND DO NOT ACCEPT ANY LIABILITY IN RESPECT OF ANY ACTIVITIES THAT YOU MAY UNDERTAKE THROUGH USING THE SERVICES

THE SERVICE IS NOT INTENDED TO PROVIDE HEALTH OR MEDICAL ADVICE. THE SERVICE IS NOT INTENDED TO (AND DOES NOT) CREATE ANY PATIENT RELATIONSHIP BETWEEN YOU AND US, NOR SHOULD IT BE CONSIDERED A REPLACEMENT FOR CONSULTATION WITH A HEALTH CARE PROFESSIONAL. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY SEEKING MEDICAL ADVICE BECAUSE OF SOMETHING YOU HAVE READ ON THE SERVICE OR THE RESULTS YOU RECEIVE THROUGH THE SERVICE.

IN ADDITION, YOU UNDERSTAND AND AGREE THAT IN PROVIDING THE SERVICE WE MAY RELY ON A NUMBER OF THIRD PARTY PROVIDERS, INCLUDING FOR PURPOSES OF SENDING PUSH NOTIFICATIONS, AND HEREBY DISCLAIM ANY LIABILITY WITH RESPECT TO THE SERVICES PROVIDED BY SUCH PROVIDERS. YOU SHOULD NOT RELY ON THE SERVICE FOR ANY LIFE-THREATENING CONDITION OR ANY OTHER SITUATION WHERE TIMELY ADMINISTRATION OF MEDICATIONS OR OTHER TREATMENT IS CRITICAL.

THE SERVICE MIGHT NOT FUNCTION AS INTENDED. SPECIFICALLY, THE SERVICE MAY NOT FUNCTION PROPERLY IF YOUR DEVICE IS BROKEN OR POWERED OFF, IF THE APP IS NOT ENABLED OR IF ANY HARDWARE OR SOFTWARE ON YOUR MOBILE PREVENTS THE SERVICE FROM OPERATING AS INTENDED. THE MAINTENANCE OF YOUR MOBILE AND COMPUTING DEVICES IS YOUR SOLE RESPONSIBILITY. YOU ASSUME FULL RESPONSIBILITY FOR THE USE OF THE SERVICE AND AGREE THAT WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY CLAIM, LOSS, OR DAMAGE ARISING FROM THE USE OF THE SERVICE.

Access and Use of the Service

Use of the Service requires a computing or a mobile device such as a smart phone or other hardware devices capable of Bluetooth and Internet connectivity and Internet or Wi-Fi access that you have to acquire separately from third parties (hereafter collectively "Computer"). Your ability to use the Service may be affected by the capability and performance of your smart phone. Fees and charges may apply to your use of the Internet or mobile services, and you may be required to purchase hardware or software to enable your devices to access the Application. You acknowledge and agree that meeting such system requirements and for your use of the Internet, any associated fees, charges or expenses, which may be changed from time to time, are your sole responsibility.

You are required to register with us in order to access certain aspects of the Service. If you choose to register for the Service, you are responsible for maintaining the confidentiality and security of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. You are responsible for activities that occur under your account. We will not be liable for any loss or damage arising out of the unauthorized use of your Account. We reserve the right to terminate, disable or not provide all normal features for a particular Account if we suspect or become aware of any unauthorized or unpermitted use of such Account or any part of the Service.

When you use your Device and the Service, you provide information about yourself in the registration process and you cause information relating to your medication adherence and other related data to be transmitted to your smart phone or Computer or other such device and to us, to be processed and stored by us and its affiliated and unaffiliated service providers on our servers. If you do not wish to have your data processed by us in accordance with our policies, you must not use the Service.

You must not attempt to, or encourage or assist any other person to, circumvent, modify, reverse-engineer, decompile, disassemble or otherwise tamper with any security technology or software that is part of the Service or is used to monitor or enforce these Terms. You shall not access or attempt to access an Account that you are not authorized to access. Violations of system or network security may result in civil or criminal liability. Your use of the Device and the App is subject to these Terms and any additional software license terms that accompany downloads, including third party license terms and open source software license terms. Your license rights are non-exclusive, limited, revocable, personal and non-assignable. You may not copy, modify, translate, rent, lease, distribute, lend or sell the Service. You may not remove any proprietary notices or labels. When you visit or use the Service or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Service. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing. By providing us with your email address for an account, you consent to us using the email address to send you Service-Account email notices. Such notices may include, but are not limited to, notices required by law and/or notices of a change in these Terms or our Privacy Policy, and you agree that these satisfy any legal requirement that such communications be in writing. See our privacy policy for more details. We reserve the right to send you marketing and promotional emails. You may opt out of receiving marketing and promotional emails from the Service by following the instructions enclosed within those emails. If you opt out, we may still send you non-promotional emails, such as emails about your account with us or our ongoing business relations. You may also send requests about contact preferences or changes to personal information, including requests to opt out of sharing personal information with third parties, to our contact information below.

Certain content and services available through the Service may include materials from third parties. In addition, we may provide links to certain third party web sites or services. We are not responsible for examining or evaluating the content or accuracy of any such third party material or web sites. We do not warrant or endorse any third party web sites, services or content. We do not assume, and will have no liability or responsibility for any third party products, services, content, materials or web sites. Links to other web sites are provided solely as a convenience to you. You agree that you will not use any third party products, services, web sites or other materials in a manner that would infringe or violate the rights of any other party, and that we have no liability or responsibility for your use of any third party products, services, web sites or other materials. You agree to defend, indemnify and hold harmless us and our affiliates, and their respective officers, directors, employees, agents, and representatives from any and all claims arising out of your use of any third party products, services, web sites, or material of any kind.

The Service contains proprietary information and material that is owned by us and/or our licensors, and is protected by applicable intellectual property and other laws, including, but not limited to, domestic and international copyright laws. We and our licensors reserve title, ownership and all rights and interests in the Service, except as expressly licensed in these Terms. You may not use the Service or any information and materials contained therein in any way whatsoever except for use of the Service in compliance with these Terms. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software or Device, in any manner, nor shall you exploit the Service or the Software or Device in any unauthorized way whatsoever, including, but not limited to trespass or burdening network capacity. THE USE OF THE SOFTWARE OR ANY PART OF THE SERVICE, EXCEPT AS EXPRESSLY PERMITTED IN THESE TERMS, IS STRICTLY PROHIBITED, INFRINGES THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES.

Notwithstanding any other provision of these Terms, our licensors and we reserve the rights to change, suspend, remove or disable access to any content, features or other materials comprising a part of the Service at any time without notice. In no event will we be liable for the removal of or disabling of access to any such content, features or materials. We may also impose limits on the use of or access to certain features or portions of the Service, without notice or liability.

All MedeAssist Solutions Pvt Ltd and DoseTap logos and trademarks used in connection with the Service are trademarks or registered trademarks of MedeAssist Solutions Pvt Ltd. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners. We do not grant you any right or license with respect to any trademarks.

The Service is operated from our offices in India and other locations. You agree to comply with all local, state, federal, and national laws, statutes, ordinances and regulations that apply to your use of the Service.

We reserve the right to take steps that we believe is reasonably necessary or appropriate to enforce and verify your compliance with these Terms.

These Terms and all rights and licenses granted herein are effective from the time you accept these Terms until these Terms are terminated. You may terminate these Terms at any time by permanently ceasing your use of the Service and closing your Account, provided that the Terms shall continue to govern any past use the Service and Account. We may update, suspend or terminate your use of the Service and Account effective immediately if you breach these Terms or with reasonable notice to you and subject to any warranty claims you may have in case of termination. All obligations of confidentiality and restrictions on use, and all other provisions that may reasonably be interpreted to survive termination of these Terms, will survive termination of these Terms, regardless of the reasons for termination. Upon termination, you agree to cease all use of the Service. If you fail to comply with any of the provisions of these Terms, we, at our sole discretion, without notice to you may: (i) terminate these Terms; (ii) terminate all rights of your Account; and (iii) preclude you from accessing the Service or any part of it.

Intellectual Property Rights

Other than the content you own, under these Terms,  MedeAssist Solutions Pvt Ltd  and/or its licensors own all the intellectual property rights and materials contained in this Website.

You are granted limited license only for purposes of viewing the material contained on this Website.

Restrictions

• You are specifically restricted from all of the following:

• publishing any Website material in any other media;
• selling, sublicensing and/or otherwise commercializing any Website material;
• publicly performing and/or showing any Website material;
• using this Website or Device in any way that is or may be damaging to this Website;
• using this Website in any way that impacts user access to this Website;
• using this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity;
• engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website or Device;
• using this Website to engage in any advertising or marketing.

Certain areas of this Website are restricted from being access by you and MedeAssist Solutions Pvt Ltd may further restrict access by you to any areas of this Website, at any time, in absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality as well.

Warranties and Liability Limitations

In these Terms, we do not extend any express warranties, representations or conditions. Your Device may have been accompanied by our warranty statement and it may be also covered by our one-year limited consumer warranty statement that is posted at www.dosetap.com or available on request. If this is the case, you understand and agree that THE WARRANTY PERIOD OR STATUTE OF LIMITATION REGARDING ANY IMPLIED WARRANTIES RELATING TO YOUR DEVICE (I.E., WARRANTIES THAT WE DO NOT EXPRESSLY GRANT IN ANY WARRANTY STATEMENT) SHALL BE LIMITED TO THE WARRANTY PERIOD SET FORTH IN THE APPLICABLE WARRANTY STATEMENT, IF AND TO THE MAXIMUM EXTENT SUCH LIMITATION IS PERMISSIBLE UNDER APPLICABLE LAW. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE, SOFTWARE, AND DEVICE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE PROVIDE THE SERVICE "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT EXPRESS WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND, AND WE HEREBY DISCLAIM ANY IMPLIED WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WE AND OUR LICENSORS DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE DEVICE, SOFTWARE OR THE SERVICE, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY SELLER WILL CREATE A WARRANTY OBLIGATION ON US. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. THE APPLICATION IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, LIFE SUPPORT SYSTEMS, EMERGENCY COMMUNICATIONS, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, OR ANY OTHER ACTIVITIES IN WHICH THE FAILURE OF THE APPLICATION COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. FURTHER YOU ACKNOWLEDGE THAT THE SERVICE RELIES UPON THE GENERAL OPERATION OF THE INTERNET AND WORLD WIDE WEB AND CERTAIN FACTORS NECESSARY FOR THE CONTINUOUS OPERATION OF THE INTERNET AND WORLD WIDE WEB ARE BEYOND OUR CONTROL. WE DO NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING OR OTHER SECURITY INTRUSION, AND WE DISCLAIM ANY LIABILITY RELATING THERETO. YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF ANY INFORMATION IN CONNECTION WITH THE SERVICE IS AT YOUR SOLE RISK. WE HEREBY DISCLAIM ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT MEDEASSIST SOLUTIONS PVT LTD, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS ARE NOT LIABLE TO YOU UNDER ANY THEORY OF LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU THROUGH YOUR USE OF THE SERVICE, SOFTWARE OR DEVICE, INCLUDING ANY LOSS OF DATA OR DAMAGE TO YOUR PROPERTY OR POSSESSIONS, WHETHER OR NOT MEDEASSIST SOLUTIONS PVT LTD OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.

Waiver and Indemnity

BY USING THE SERVICE, YOU AGREE TO INDEMNIFY AND HOLD HARMLESS MEDEASSIST SOLUTIONS PVT LTD, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS AND LICENSORS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THESE TERMS, YOUR USE OF THE SERVICE, OR ANY ACTION TAKEN BY US AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THESE TERMS OF USE OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THESE TERMS OF USE HAS OCCURRED.

Copyright and other Infringements

You shall not upload any infringing, illegal or inappropriate content or data into the Service. If you believe that we or other users of the Service or a Device infringe any of your rights, you shall follow the dispute resolution provisions in these Terms. Dispute Resolution And Binding Arbitration Provision The terms " MEDEASSIST SOLUTIONS PVT LTD," "we," "us," and "our" refer to MEDEASSIST SOLUTIONS PVT LTD, including its subsidiaries and agents; the terms "you" and "your" refer to you as an individual as well as other individuals you allow to access or use the Service, and any legal entity you control, work for, or represent when you access or use the Service. The word "Products" means your access to and/or use of any of our Service, Device, materials, website, advertisement or promotion and any product, service, or software that you obtain from or through us. The word "Claims" means all claims, disputes, or controversies between you and us of any nature or kind, whether pre-existing, present, or future, that arise from or relate to the Products. This includes but is not limited to disagreements about the validity, enforceability, or scope of this Arbitration Provision. If a dispute arises between you and us, you should first attempt to resolve it by contacting us or by sending the details of your complaint, including your contact information for a response, to the address or email below. We will attempt in good faith to resolve all Claims submitted this way within thirty (30) days of receipt.

Governing Law and Jurisdiction:

These Website Terms shall be governed by and construed in accordance with Indian law. Disputes arising in connection with these Website Terms (including non-contractual disputes) shall be subject to the exclusive jurisdiction of the courts of Delhi (India).  All dealings, correspondence and contacts between us shall be made or conducted in the English language.

Privacy

We respect the privacy of our users. For details please see our Privacy Policy. By using the Service, you consent to our collection and use of personal data as outlined therein.

Changes to Terms of Service

The Services and our business may change from time to time. As a result, at times it may be necessary for us to make changes to the terms and conditions described in these Terms. We reserve the right to update or modify the Terms of Services at any time and from time to time without prior notice. Please review this policy periodically. These Terms was last updated on the date indicated above. Your continued use of the Services after any changes or revisions to this Terms of Services shall indicate your agreement with the terms of such revised Terms of Services.

Contact Us

Please feel free to contact us to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Service. You may contact us as follows:

contact@dosetap.com

MedeAssist Solutions Pvt. Ltd.

No. 91, 17th Cross, 14th Main,

Sector-4 HSR Layout,

Bangalore - 560102, India