Last Updated on 16th April, 2023
This document records the terms and conditions that apply to the access and use of the website www.careflick.com and its Application available by the name of CareFlick (available at Playstore & App Store platforms) (collectively, website and Application) to be referred to as “Platform“), which is managed and operated by/ on behalf of CareFlick Inc., (hereinafter to be referred to as “CareFlick” or “Company” or “We” or “Us”), incorporated under the laws of Delaware, US.
By accessing the Platform or registering your information on the Platform or availing the services of the Company, the users (hereinafter referred to as “You” or “Your” or “Customer” or “User”) agree to be bound by these Terms and Conditions (“Terms”). These Terms along with Privacy Policy describes CareFlick’s relationship with You and will be subject to the rules, guidelines, policies, terms, and conditions applicable to any Service that is provided through this Platform and shall be deemed to be incorporated into the Terms and shall be considered as part of the Terms.
You accept these Terms when You visit the Platform, sign up for, access, or use any of our Services, including but not limited to features, technologies or functions offered on our Platform including products and services (collectively referred to as “Services”). For the avoidance of doubt, Services excludes products, services offered by and/or on behalf of third-party service providers, via the Platform.
You understand and agree that CareFlick will treat Your use of the Services as acceptance of the Terms from such point of usage. You shall not use the Services, visit the Platform if You do not accept the Terms.
The Terms are deemed as ‘electronic records’ under the applicable information technology laws and various rules thereunder, as applicable and amended from time to time. The Terms are generated by a computer system and do not require any physical or digital signatures.
DEFINITIONS
“Application” shall mean a CareFlick owned and established electronic information management tool that [•].
“Services” shall mean and refer to as personalised suggestion of activities & content, a social networking platform, experts consultation, tool to log vitals and details of patient(s) and track progress.
“Users” shall mean and include any person desirous of availing the Services. Further, where the context may otherwise require, Users shall be deemed to include any business or entity on behalf of which the Services are accessed by any other User, and any such business or other entity and any person acting on behalf of any such business or other entity in connection with the use of the Services.
CHANGES TO THESE TERMS
Company may make changes to these Terms from time to time. The changed Terms shall be posted on the website/ app and will indicate at the top of this page the date the Terms were last revised. Your continued use of the Services after the changes have been made constitutes your acceptance of the new Terms.
Company reserves the right to discontinue or suspend, temporarily or permanently, the Services including ancillary services, by giving a reasonable time- period notice, on a best effort basis, unless it is merely to change certain features or contents of the Services and/or Platform or maintain the security and integrity of the Services. You agree that Company will not be liable to You in any manner whatsoever for any modification or discontinuance of the Services.
USER ELIGIBILITY
By accepting these Terms, You hereby declare and confirm that:
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You are above 18 (Eighteen) years of age.
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Have the capacity to enter into a legally binding contract while accessing the Platform and/or availing the Services offered by the Company.
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You are not barred or otherwise legally prohibited from accessing or using the Services under the applicable law.
REGISTRATION
In order to use the Services, You need to register on the Platform and provide Us with accurate information as requested by Us and ensure that such information is complete and updated at all times, in all aspects.
CareFlick reserves the right to suspend any account, block any User from accessing the Platform and/or availing any Service if it determines the same to contain incorrect information and/or is erroneous or is a violation of the Terms.
For availing the Services and third-party products and services, certain additional terms and conditions will apply. Kindly read those additional terms and conditions carefully, before accepting.
You shall be solely responsible for maintaining the confidentiality of Your password and login ID that allows You to access the Platform. You shall be responsible for all activities that occur through Your account or password. You shall intimate CareFlick immediately of any suspected/actual unauthorized use of Your account. CareFlick shall not be liable for any unauthorized use or access of Your account including any loss that might be caused to You from unauthorised access.
PROPRIETARY RIGHTS AND PLATFORM ACCESS
You acknowledge and agree that CareFlick owns all rights, title and interest in and to the Services and the Platform, including any intellectual property rights which subsist in the Services (whether registered or not) and the Platform. You further acknowledge that the Services may contain information which is designated confidential by CareFlick and that You shall not disclose such information without CareFlick’s prior written consent.
CareFlick grants You a limited license to access and make personal use of the Platform and the Services. This license does not confer any right to download, copy, create a derivative work from, modify, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sub-license, grant a security interest in or otherwise transfer any right in the Services and the Platform. You do not have the right to use any of CareFlick’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. You do not have the right to remove, obscure, or alter any proprietary rights notices (including trademark and copyright notices), which may be affixed to or contained within the Services. You will not copy or transmit any of the contents of the Platform. You shall not use this Platform or its contents for any commercial purpose or make any speculative, false, or fraudulent transaction.
You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any of its content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any of its content to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve the right to bar any such activity.
You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, password mining or any other illegitimate, illegal means.
You shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other User on the Platform, including any account on the Platform not owned by You, to its source, or exploit the Platform or information made available or offered by or through the Platform 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 Platform
You will not misrepresent, conceal Your identity or otherwise manipulate identifiers to disguise the origin of any communication that you may send to us on or through the Platform. You may not pretend that You are, or that you represent, someone else, or impersonate any other individual or entity.
You agree and acknowledge that for undertaking any financial transaction, third-party products and services through the Platform or for availing the Services, CareFlick or its partners, vendors, service providers, business partners, agents or any other third party may undertake client/customer due diligence measurers and seek mandatory information required for Know-Your- Customer (“KYC”) purpose.
PRIVACY
Please review the Privacy Policy.
DISCLAIMERS
The Company does not guarantee the accuracy of any User Content or Third-Party Content. We provide rules for User conduct and posting but do not control and are not responsible for any offensive, inappropriate, obscene, unlawful, or otherwise objectionable content You may encounter on the website or in connection with any User Content or Third-Party Content.
The Services may be temporarily unavailable from time to time for maintenance or other reasons. The Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications.
The Company is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or combination thereof, including injury or damage to Users or to any other persons computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Services.
Under no circumstances will the Company be responsible for any loss or damage, including any loss or damage to any User Content, financial damages or lost profits, loss of business, or personal injury or death, resulting from anyone use of the Services.
CAREFLICK IS MERELY A FACILITATOR AND THE SERVICES ARE PROVIDED BY CAREFLICK ON AN “AS IS” AND “AS AVAILABLE” BASIS. CAREFLICK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE/DASBOARD OR THE INFORMATION, CONTENT INCLUDED ON THE WEBSITE/DASBOARD. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. CAREFLICK RESERVES THE RIGHT TO WITHDRAW OR DELETE ANY INFORMATION FROM THE WEBSITE/DASBOARD AT ANY TIME AT ITS DISCRETION. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, CAREFLICK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED. CAREFLICK DOES NOT WARRANT THAT THE WEBSITE, ITS SERVERS, OR EMAIL SENT FROM CAREFLICK ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CAREFLICK SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE/APPLICATION, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND, OR, CONSEQUENTIAL DAMAGES.
LIMITATION ON LIABILITY
Under no event or circumstances shall the Company or its directors, employees or agents be liable to You or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including for any lost profits or lost data arising from Your use of the Services.
Notwithstanding anything to the contrary contained, the Company’s liability to You for any cause whatsoever, and regardless of the form of the action, shall at all times be limited to the amount paid by You to the Company for the Services within the 3 months preceding the cause of action, if any. Further, in no case, will the Company liability to you exceed $100. You acknowledge that if no fee is paid to the Company for the Services, You shall be limited to injunctive relief only, and shall not be entitled to damages of any kind from the Company, regardless of the cause of action.
GOVERNING LAW; JURISDICTION; DISPUTE RESOLUTION
Governing Law and Jurisdiction: These Terms shall be governed by the law of Delaware (US) and subject to the provisions of binding arbitration, the courts at Delaware (US) shall have the exclusive jurisdiction.
Binding Arbitration: Any dispute, controversy or claim arising out of or relating to these Terms, including the formation, interpretation, breach, or termination thereof, including whether the claims asserted are arbitrable, will be referred to and finally determined by binding arbitration in accordance with the [•] as amended from time to time, and the seat, venue and place of the arbitration shall be [•]. The parties agree the arbitration award shall be conclusive and binding.
INDEMNITY
You agree to indemnify and hold CareFlick, its partners, officers, employees, agents and representatives harmless from all claims, liabilities, damages and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) arising out of or relating to (a) Your authorized or unauthorized use of the website/Application/ Services; or (b) Any alleged breach of these Terms by the User.
MISCELLANEOUS
The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms is held invalid, the remainder of these Terms shall continue in full force and effect. If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
CONTACT INFORMATION
In case of any queries or clarification concerning these Terms, please write to us at support@careflick.com.