The Services are designed to assist a user or patient, his/her representative or affiliates, registered with the application (“you”, “User”, “End User”) in monitoring the user’s blood glucose levels as well as tracking other data associated with managing diabetes or another chronic health condition as covered in the Services. You may choose to use the Services in connection with the Bluetooth Glucometer (the “Meter”) provided by VitaCloud or you may use the Service with another supported meter in certain cases. Whether you purchase and use your own meter or use the meter provided by VitaCloud, the Terms of this Agreement will apply to the use of the Services.
As part of the registration process you will need to create an account, including a username and password. When you create an account with us, you guarantee that you are above the age of 18. It is your responsibility to ensure that the information you provide is accurate, not misleading and is secure. You cannot create an account or username and password using the names and information of another person or using words that are the trademarks or the property of another party (including ours), or inaccurate, incomplete, obsolete, vulgar, obscene or in any other way inappropriate. We reserve the right with or without notice to suspend or terminate any account in breach.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
We reserve the right to refuse service, terminate accounts, remove or edit content in our sole discretion.
The data and information provided in the App, is for informational purposes only. This information is in no way meant to be a substitute for medical treatment and may not be construed as medical treatment or diagnosis. Nothing contained in the App is intended to replace the services of a professional and licensed physician, or health provider. The End user should not take any action or inaction based solely on the information made available through the App. End users must consult with such professionals on important medical matters relating to their health.
We may charge you a fee (“Fee“) for use of certain features of the App, which will be categorized as a VitaCloud premium package(s). The price for utilizing these features will be displayed on the App. Payments of those Fees will be governed by the nature of the functionality. Typical functionalities that may involve a Fee are:
A refund many be provided to the End user for certain conditions:
In the event that a diagnostic clinic has not honoured a paid appointment made via the Website or mobile app, has not been able to meet the User, the User will need to write to us at email@example.com within five (5) days from the occurrence of such event; in which case, the entire booking amount as mentioned on the Website/app will be refunded to the User within the next five (7) to six (10) business days in the original mode of payment done by the User while booking. In case where the User does not show up for the appointment booked with a diagnostic lab, without cancelling the appointment beforehand, the amount will not be refunded.
Users will not be entitled for any refunds in cases where, the diagnostic lab is unable to meet the User at the exact time of the scheduled appointment time and the User is required to wait, irrespective of the fact whether the User is required to wait or choose to not obtain the medical services from the said diagnostic lab.
The Services and its original content, features and functionality are and will remain the exclusive property of VitaCloud Digital Health Private Limited. The Services are protected by copyright, trademark, and other laws of India.
VitaCloud’s Services may contain links to third party web sites or services that are not owned or controlled by VitaCloud. Such third party services may provide the end user with the ability to:
VitaCloud has no control over, and assumes no responsibility for the content, privacy policies, functioning or practices of any such third party web sites or Health Data Sources. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that VitaCloud shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the Terms and conditions and privacy policies of any third party web sites or services that you visit or connect through VitaCloud.
Some of the features of the App may enable VitaCloud to access your location in order to tailor your experience with the App based on your location (“Location Based Services“). To use certain Location- Based Services, certain features of your mobile phone must be enabled, such as GPS, Wi-Fi, and Bluetooth, which enable VitaCloud to identify your location through a variety of means, including but not limited to GPS location, IP address, cell tower location, geo-fencing technology, or detection by physical on-location Wi-Fi or Bluetooth sensors, as available. If you choose to disable any Location-Based Services on your device, you will not be able to utilize certain features of the App. By enabling Location-Based Services on your device, you agree and acknowledge that (a) device data we collect from you is directly relevant to your use of the App, (b) We may provide Location-Based Services related to and based on your location at that current time, and (c) We may use any information collected in connection with the provision of Location Based Services in connection with its provision of the App. Please note that location data may not always be accurate, and VitaCloud disclaims any and all warranties related to location-based services.
VitaCloud may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Website under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the Website by such User. The User shall ensure that he/she/it has continuous backup of any medical services the User has rendered in order to comply with the User’s record keeping process and practices.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You are solely responsible for properly cancelling your account. You may cancel your account at any time by sending an email to firstname.lastname@example.org, mentioning your intent of cancellation. There is no cancellation Fees required. There will be no refund based on pro-rata if you cancel the Services before the end of your current, paid-up month or year, and you will not be charged or billed thereafter.
You agree to defend, indemnify and hold harmless VitaCloud, Inc. and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses, resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.
In no event, including but not limited to negligence, shall VitaCloud, or any of its directors, officers, employees, agents or content or service providers (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Website or the content, materials and functions related thereto, the Services, User’s provision of information via the Website, lost business or lost End-Users, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for:
In no event shall the total aggregate liability of the Protected Entities to a End user for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from this Agreement or a End user’s use of the Website or the Services exceed, in the aggregate Rs. 500/- (Rupees five hundred Only).
Your use of the Services is at your sole risk. The Services is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a specific purpose, non-infringement or course of performance.
VitaCloud, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
You agree that this Agreement and any contractual obligation between VitaCloud and End user will be governed by the laws of India.
Any dispute, claim or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, or your use of the Website or the Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by VitaCloud. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Bangalore. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.
Subject to the above, the courts at Bengaluru shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the Website or the Services or the information to which it gives access.
VitaCloud may retain such information collected from Users from its Website or Services for as long as necessary, depending on the type of information; purpose, means and modes of usage of such information; and according to the SPI Rules of India.
No provision of this Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by VitaCloud. Any consent by VitaCloud to, or a waiver by VitaCloud of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
If you have any questions about these Terms, please contact us at:
VitaCloud Digital Health Private Limited #72, Ground Floor, 14 th A Main, 16 th Cross, HSR Layout Sector 4, Bangalore – 560102, Karnataka, India.