Terms & Conditions
Welcome to HealthyKID service (the "Service"). The service is offered by Trawello Healthcare Services Private Limited (“THS”), having its registered office at Excel Coworks, #552, Vinayaka HBCS Layout, Nagarabhavi, Bangalore -560072
The terms ‘You’ or ‘Your’ refer to you as the user (irrespective of whether You are a Registered User or a Non-Registered User) and the terms ‘THS’, ‘We’, ‘Us’, ‘Company’, and ‘Our’ refer to THS. In the event the Service is being used by a person on your behalf, the expression “You” or “Your” shall apply to such person as well.
part of the Agreement is modified in accordance with the terms of the Agreement, the Agreement shall be enforceable in its modified form.
The Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you.
THS is the author and publisher of the Service, and all variants, editions, add-ons, and ancillary products or services of the Service (including all files and images contained in or generated by the software, and accompanying data, together). The Service and ancillary products may be used by Users (defined below) to avail Services and/or to find, access, manage and organize information including but not limited to personal or non-personal information, doctor/consultant information, appointments, prescriptions, laboratory and diagnostic tests, electronic medical records and other relevant information.
“Registered Users” are individual users or institutions (e.g. schools, colleges) who have successfully registered themselves with THS (either manually or on the portal) by providing information that is true and accurate, and who can log on to their account on our service or ancillary product by providing their username and password or One Time Password (“Primary User”); or whose profile has successfully been created in our Service, under the account of a Primary User, by providing information that is true and accurate (“Secondary User”).
“Healthcare Service Providers” or “HSPs” are duly qualified doctors, nurses, paramedical staff, physiotherapists, consultants, medical equipment suppliers, laboratory service providers, other incidental and ancillary health care service providers who interact with Registered Users as part of the Services.
“Non-Registered Users” are users who have not registered themselves for our service.
NonRegistered Users will not be provided access to all areas of the Service and ancillary Product. They can access generic information about our service.
ACCESS AND USAGE RIGHTS OF USERS
Non - Registered User: A Non - Registered User is not permitted to access or make use of the Service for any purpose other than what is specifically permitted. An Unregistered User is specifically permitted to:
- Browse the Service information through the service portal, without accessing any specific Services and it’s features
Registered User: A Registered User is permitted to access the following things:
- Individual users can access the reports of their Kid’s health information
- Institutions (e.g. School or College) can access the summary health reports
- HealthyCampus users can access their registration details.
The data and information available through the Service and the ancillary product may be categorised as follows: Data and information generated or provided by Unregistered Users and Registered Users through our service portal or through the ancillary product is called “User Content”
Data and information which THS (through itself or its contractors) has generated or procured for the Service and includes data and information generated or provided by HSP is called “THS Content”
As required by law, you must be at least 18 years of age and have a sound mind to access and use the Service. In case the Services are to be accessed or used by a minor (i.e. a person All Services will be requested for, and provided to, the Primary User only. A Secondary User may avail the Services rendered to the Primary User as a beneficiary. The Primary User will be responsible and accountable for the Secondary User’s activity on our Service portal or the ancillary product as if the Services and ancillary product were being accessed and used by the Primary User. However, this shall not discharge the Secondary User from liability towards THS or its contractors or agents and THS shall have the right to proceed against Secondary User and Primary User, either jointly or severally, for acts and omissions of Secondary User that violate the Agreement.
You will use the Service and the features provided by it, only in relation to and in compliance with all applicable laws of the country (Indian Laws if the service is used in India).
You will not use this Service or any feature provided by it, for any purposes not intended under this Agreement.
Certain Services are location specific. Depending on your location, some Services may not be available to you.
You will not deliberately use the Service in any way that is unlawful or harms THS, its directors, employees, affiliates, distributors, partners, service providers and/or any User and/or data or content provided through the Service or on the ancillary Product.
As a User, You may have access to business sensitive information. You shall not share such information with THS’s direct competitors or use it for competitive purposes, except with THS’s prior written consent.
You understand that as part of your registration process as well as in course of your use of the Service, You may receive SMS/Whatsapp or email communication or both from THS on your registered contact information. These communications will relate to your registration for services provided by THS, transactions that you carry out through the Service and any such information found suitable of your attention by THS. Please note that THS will send these communications only to the mobile number and email-id that you provide during the time of the registration. It is your responsibility to ensure that you provide the correct information for the transaction. Further, THS may also send notifications and reminders to you for the features that you may be using on the ancillary Product. You hereby consent to receive such communications from THS immediately notify THS of any actual or suspected unauthorized use of your account. Although THS will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of THS or other users due to such unauthorized use.
Depending on the status of Your registration and subject to the limitations and restrictions imposed by the Agreement or by THS, You may avail of the following services: 1. Kid information & data storage service
2. Built-in app features such as immunization reminders, storage and display of your medical records, information and history, including general medical information, outpatient records, discharge summaries, prescriptions, lab investigations and radiology reports along with information regarding Your family members
3. HealthyCampus Service
4. Such other services as may be intimated from time to time
The aforesaid services are referred to as “Services”
The Services are non-transferable and only covers a Registered User.
RIGHTS OF 'THS' ON THE CONTENT AND ANCILLARY PRODUCT
THS respects the intellectual property rights of others, and we expect the same from you. The Product, User Content and the THS Content are protected by applicable intellectual property laws.
All intellectual property in and of the Product and all software, techniques and processes used in connection with the aforesaid, belongs exclusively to THS or its licensors. As a User, you are granted a limited license to access and use the Service as per the terms of the Agreement.
Through your use of the Service, by no means are any intellectual property rights impliedly or expressly granted by THS to you in respect of such works. otherwise authorized in a written agreement, will constitute an infringement upon the trademark and copyright (or any other such intellectual property right) of THS and/or its licensors and may be actionable under applicable laws.
Except as stated otherwise in this Agreement, all THS Content (including all intellectual property rights to such content) is owned exclusively by THS and/or its licensors.
When you use the Service in accordance with this Agreement, a limited royalty-free right is granted to you by THS, to use THS Content for personal and non-commercial use.
Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring on You any license to intellectual property rights, whether by estoppel, implication, or otherwise. Unless expressly authorized by THS, You agree not to reproduce, modify, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the THS Content, in whole or in part, by any means. You must not remove or modify any copyright or trademark notice, or other notice of ownership.
PATIENT/USER CONSENT & PRIVACY
You have the option of uploading your identifiable health information including physical, physiological and mental health condition, and medical records and history on the Product which may be accessed by THS and/or HSPs using the Product, during the course of providing Services to You. If you are a Secondary User, Your information may be provided to us by the Primary User under whose account you are using and accessing the Services. If you have not lawfully authorized the Primary User to do so, kindly reach out to us immediately at “email@example.com”. By continuing to access and use the Service, You confirm that you have authorized Primary User to provide your information to us.
We may collect various personal information from you when you use the Service and the ancillary Products.
RESPONSIBILITIES OF 'THS'
THS will make available qualified Health Service Providers (HSPs) to render Services after carrying out appropriate background and reference checks. It is hereby clarified THS’ obligation to carry out appropriate background and reference
Subject to applicable law, THS will use commercially reasonable efforts to make the Services available to Registered Users 24 hours a day, 7 days a week, except for
1. planned downtime that will be communicated in advance to Registered Users;
2. any unavailability caused by circumstances beyond THS’s reasonable control, including without limitation, cyber-attacks, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labour problems, or internet service provider failures or delays.
3. When such Service is rendered under a time-schedule, in which case, the obligation of THS under this clause shall be limited to making available such Service during the time-schedule. This obligation will also be subject to (i) and (ii) above;
4. When the Registered User is outside the operational coverage of Services
THS has no responsibility towards Unregistered User for providing Services.
For the avoidance of doubt, it is hereby clarified that THS’ responsibility towards Registered User will be limited to the provision of the Services as per the terms and conditions of the Agreement.
If THS suspects any illegal, wrongful or fraudulent activity on our Service Portal or the ancillary Product by any User, notwithstanding any other rights THS may have against such User,
THS reserves the right to inform the relevant government or law enforcement authorities. THS will cooperate in all investigative procedures or requests for access / information initiated by any such government or law enforcement authorities.
THS reserves the right to add new functionality, remove existing functionality, and modify existing functionality to its Services as and when it deems fit, and make any such changes available in newer versions of product at its discretion. All Users of its Services will be duly notified upon release of such newer versions and THS reserves the right to automatically upgrade all Users to the latest version of its Services as and when it deems fit.
The Services and ancilary Products, may be subject to certain limitations, such as, limits on storage space, limit on bandwidth, unexpected downtime, unavailability of HSPs due to unforeseen circumstances, etc
THS will strictly adhere to and adopt all reasonable measures to ensure compliance to all central and state government regulations and directives as applicable from time-to-time.
Data Recording, Storage, Encryption & Usage The information collected as part of the Services may be stored on Your mobile device as well as on a third party cloud platform (“Cloud Service Provider”) or server (“Storage Service Provider”).
All transcripts / email and hard copy correspondences between Users, who are patients, and HSPs engaged by THS shall be saved and stored for record purposes and in the event such records are required to be produced as evidence on the direction of a court of law. THS may review this data from time to time for quality evaluation purposes. However, under normal circumstances, THS will not access any information that identifies you and shall either omit, mask or anonymize your personal information at the time of quality evaluation.
It is hereby clarified that THS does not have the obligation to pre-screen or monitor User Content at any time. However, THS may elect to monitor any User Content and may modify or remove any User Content, if THS determines in its sole discretion that such User Content is in violation of this Agreement or any applicable law and best practices. Where THS removes any User Content from service data store, THS will make reasonable efforts to inform the Registered User who had posted such User Content.
All User Content shall be recorded, saved and stored electronically on a secure cloud database/server managed by the Cloud Service Provider/ Storage Service Provider. THS shall take best efforts to ensure that the Cloud Service Provider/ Storage Service Provider uses appropriate levels of encryptions to protect data and takes all necessary precautions. THS will however not be responsible for any cyber data theft from its Product or the Cloud Service Provider’s/ Storage Service Provider’s databases.
Your use of this Product shall be subjected to the following terms and conditions:
1. You will observe and comply with the terms and conditions of the Agreement in letter and spirit time
4. You will not delete or modify any content of the Product including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that You do not own or have express permission to modify
5. You will not decipher, decompile, reverse engineer, or disassemble the THS content
6. You will not use any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Service
7. You agree not to access or use this Service in any manner that may be harmful to the operation of this Service or its content
8. You will not use the Services in any way that is unlawful, or harms THS or any other person or entity, as determined in the THS’s sole discretion
9. You will not engage in any form of antisocial, disrupting, or destructive acts, including "flaming", "spamming", "flooding", "trolling", "phishing" and "griefing" as those terms are commonly understood and used on the Internet
10. You will not host, display, upload, modify, publish, transmit, update or share any information that —
belongs to another person and over which you do not have sufficient legal rights
is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever
harm minors in any way
infringes any patent, trademark, copyright or other proprietary rights(se), violates any law for the time being in force
deceives or misleads the addressee 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
Threatens the unity, integrity, defence, 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
Without prejudice to the rights that THS may have under other provisions of the Agreement,
THS to determine whether the User had violated a term or condition of this Agreement; and/or
3. Suspend or terminate the account of the User where THS has determined that the User had violated a term or condition of this Agreement; and/or
4. Approach User to make good that loss or damage caused to THS as a pre-condition to revoke the suspension; and/or
5. Take any such action against the User as it permissible under law; and/or
6. Raise invoice of Services availed by the User; and/or
7. Disable and/or delete such User Content that is in contravention of the Agreement while preserving such information and associated records for the purpose of production to governmental authorities for investigation purposes
PAYMENT, FEES AND TAXES
You agree to pay all Service fees, consulting fees, reasonable out of pocket expenses and other fees applicable to your use of the Services. While THS will strive to give you a fair estimate of fees in advance, the actual fee may be dependent on the type of Services that You purchase and may vary depending upon the number and duration of the Services subscribed to.
REPRESENTATIONS AND WARRANTIES
happens through your account and under Your personal supervision. Further, You accept to be accountable and liable for the activity of the minor for using the Service.
3. All registration information you submit is truthful and accurate and that You agree to maintain the accuracy of such information.
4. You as a Registered User will use the Services & ancilary product, solely for your personal and non-commercial use. Any use of this Service or its content other than for personal purposes is prohibited.
THS represents and warrants that:
1. it is a company duly organized under the [Companies Act, 2013] and has the power and authority to provide the Service
2. it has all permits, approvals and licenses necessary to carry out the Services and in fulfilling its obligations hereunder
3. by entering into this Agreement, THS does not violate any of the previous arrangements entered into with other entities to which it is a party
Any modification, development, maintenance or update of the Service and any modification, transfer, license or assignment of the rights in the ancillary products shall be done by THS as per its sole judgment and in its sole discretion.
The Service and the ancillary products provided by THS is provided "as is," as available, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). To the fullest extent permitted by law, THS disclaims all liability arising out of the User’s use or reliance upon the Service, the ancillary products, the THS Content, representations and warranties made by THS or any opinion or suggestion given or expressed by THS or its contractors and agents (including HSPs).
Specifically, THS disclaims any liability arising out of:
1. Any pre-existing medical condition; or
2. Any adverse drug reaction (due to any act or omission based on information found on the Service, or otherwise); or
is used. It is the responsibility of you alone to ensure that your personal data is used in compliance to applicable privacy laws.
THS assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the Service or the downloading of any material, data, text, images, video content, or audio content from the Service. If a User is dissatisfied with the Service, User’s sole remedy is to discontinue using the Service.
Neither THS nor its contractors and agents (including HSPs) shall be liable to a User, monetarily or otherwise, for an occurrence wherein no medical or procedural negligence of THS or its contractors and agents is proven. Information regarding HSP and THS Services is intended for general reference purposes only. Such information often changes frequently and may become out of date or inaccurate. You are encouraged to independently verify any such information you see on the Service portal with respect to a HSP that you seek to engage through the Service and ancilary products.
THS DISCLAIMS ANY REPRESENTATION AND/OR WARRANTY FOR THE SECURITY, RELIABILITY, QUALITY, TIMELINESS, AND PERFORMANCE OF (I) THE SERVICE AND ITS FEATURES; (II) HSP INFORMATION ON THE ANCILLARY PRODUCT; (III) ANY SERVICE INFORMATION, CONTENT OR ADVICE AVAILABLE ON OR RECEIVED THROUGH THE PRODUCT (IV) ACCESS TO OR ALTERATION OF USER CONTENT OR THS CONTENT (V) TRANSMISSIONS OR DATA AND (VI) ANY OTHER MATTER RELATING TO THE PRODUCT AND / OR SERVICES.
THS MAKES NO WARRANTY OR REPRESENTATION THAT ANY ERRORS IN THE SERVICE OR PRODUCT WILL BE CORRECTED EXCEPT AS REQUIRED BY LAW.
THS DOES NOT PROVIDE ANY GUARANTEE AND SHALL NOT BE HELD LIABLE OR
RESPONSIBLE FOR THE FAILURE TO SEND ANY COMMUNICATION, NOTIFICATION OR
REMINDER TO YOU WHETHER AS A FEATURE OF THE SERVICE OR NOT.
THS SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY BREACH OR LOSS OF DATA
INCLUDING PERSONAL INFORMATION CAUSED DUE TO EVENTS BEYOND THE CONTROL OF
To the fullest extent permitted by law, in no event will THS or its contractors or agents (including HSPs) or any of their directors, officers, employees, agents or content or service providers (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, punitive, exemplary or consequential damages (including, without limitation, loss of business, revenue, profits, goodwill) arising from, or directly or indirectly related to, the use of, reliance on, or the inability to use or rely on, the Services, materials and functions related thereto whether or not THS has been warned of the possibility of such damages or could have reasonably foreseen such damages.
Notwithstanding anything to the contrary in this Agreement, in no event shall the total aggregate liability of the Protected Entities to an user for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from the terms and conditions or an user’s use of the Service exceed, in the aggregate, INR 5000 or the amount of payment against Services that has been directly received by THS from the User in the past year , whichever is lower.
You hereby agree to indemnify, defend, and hold THS, THS's contractors, agents, representatives and other authorized users (Registered and Non-Registered Users, Patients, HSPs), and each of the foregoing entities' respective contractors, agents, representatives, service providers and suppliers, and all of the foregoing entities' respective officers, directors, owners, employees, agents, representatives, harmless from and against any and all losses, damages, liabilities and costs arising from (i) Your use of the Product or Service (ii) Your breach of terms, conditions or provisions of this Agreement and (iii) any negligent or intentional wrongdoing on Your part.
USER ACCOUNT SUSPENSION
In the event where an User has breached the Agreement in THS’s sole judgment or when THS is unable to verify or authenticate any information provide by User to THS or when or User fails to provide the consents necessary or desirable for THS to provide the Services (or after providing such consent, later revokes), THS reserves the right to suspend and / or terminate the User’s account and/or access to the Service by blocking Your email id or phone number, with or without notice to the User. Any suspected illegal, fraudulent or limited to login and account information.
THS shall not be liable to User or any third party for any claims or damages arising out of any termination or suspension of User’s account or any other actions taken by THS in connection with such account termination or suspension.
Once User’s account has been temporarily or indefinitely suspended or terminated, User may not continue to use the Service under the same account, a different account or reregister under a new account.
This Agreement will remain in full force and effect while You use the Service in any manner or capacity. You can terminate his/her/its relationship with THS at any time by providing 90 (ninety) days’ prior written notice to firstname.lastname@example.org We need this period to inactivate User account, only after verifying if there are any ongoing or pending Services. THS may require User to continue until the completion of an on-going Service should the situation warrant. THS may terminate its relationship with You after providing 30 (thirty) days’ prior written notice to Your registered email address. However, it does not prejudice THS’ right to refuse Service to You without providing any reason. THS may terminate the Agreement without notice and with immediate effect where, in the sole opinion of THS:
1. Any material particularly relating to personal and medical information furnished by a User appears to be untrue; or
2. A User is critical or unstable or dead; or
3. Provision of Services poses a risk to life of HSPs; or
4. Financial dues have not been paid by a User within requested time-frame; or
5. User fails to co-operate with HSPs or THS; or
6. HSPs and/or other THS resources are no longer adequate, available and/or suitable to accommodate User’s health requirements.
APPLICABLE LAW, JURISDICTION OF COURTS AND DISPUTE
The Parties shall be bound to submit all disputes and differences howsoever arising out of or in connection with this Agreement to arbitration by 1 (one) arbitrator mutually appointed by the Karnataka High Court or such other appropriate authority under the Arbitration and Conciliation Act, 1996 as amended from time to time. The arbitration shall be governed by the Arbitration and Conciliation Act, 1996 as amended from time to time. The seat and venue of arbitration shall be Bengaluru, Karnataka. Subject to the aforesaid, the competent courts of Bengaluru, Karnataka shall have jurisdiction to grant urgent interim reliefs to the Parties. The Parties shall have the right to apply to a court of competent jurisdiction to obtain interim injunctive relief in respect of any dispute, pending resolution of such dispute in accordance with the Agreement.
Severability: If any provision of this Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from the Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.
Notices: All notices and other communications required or permitted hereunder to be given to a Party shall be in writing, in the English language, and shall be sent e-mail, or mailed by prepaid internationally-recognized courier or otherwise delivered by hand or by messenger, addressed to such Party's address as set forth below or at such other address as the Party shall have furnished to the other Party in writing in accordance with this provision:
If to THS:
Trawello Healthcare Services Pvt Ltd
Excel Coworks, #552, Vinayaka HBCS Layout
Secondary User, You agree to receive communications and be notified at the email address of the Primary User.
No term of the Agreement shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented. Any consent by any Party to, or waiver of a breach by the other, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
Complete Understanding: The Agreement contain the entire understanding of the Parties, and there are no other written or oral understandings or promises between the Parties with respect to the subject matter of the Agreement other than those contained or referenced in the Agreement.
Force Majeure: THS shall not be liable for any downtime or delay or unavailability of the Service caused by circumstances beyond THS’s reasonable control, including without limitation, cyber-attacks, acts of God, acts of government, floods, fires, earthquakes, civil unrest, acts of terror, strikes or other labour problems, internet service provider failures or delays, or denial of service attacks.
Advertisement: THS shall have the right to place advertisements and publicity materials of its choice, including that pertaining to parties other than itself for commercial use through electronic means on the Product.
Assignment: You may not assign or sub-license, without the prior written consent of THS, the rights, duties or obligations under this Agreement, in whole or in part, to any person or entity.
Survival: Even after termination, the provisions of the Agreement with respect to Limitation of Liability, Indemnity, Intellectual Property, Dispute Resolution will continue and survive termination.
You on Your registered email id or an SMS to your registered phone number, which will intimate You of the changes. Alternatively, THS may cause Your account to be logged-off in and make Your subsequent account log-in conditional on acceptance of the Agreement. If You do not agree to the changes, please do not access or use the Service any further.