Introduction

Welcome to the AMDHA Application. These terms of use apply to the users of AMDHA app (hereby referred to as “Application”) for Mobile devices and Tablet. The app is created by Alpha MD Pvt. Ltd. (hereby referred to as “Service Provider”) as a Commercial service.

Throughout this Agreement, Alpha MD Pvt. Ltd. is referred to as “We”, “Us” and “Alpha MD”. Individuals accessing the app shall be referred to as “You”, “Your” or “User(s)”.

Upon downloading or utilizing the app, you are automatically agreeing to the following terms of use. It is strongly advised that you thoroughly read and understand these terms prior to accessing the app.

AMDHA provides platform to help users manage and access their own health information, track their vital parameters, manage their medications, maintain a Gratitude Journal and upload health related Files and Documents. AMDHA enables you to control who can use this information with you.

General Terms and Conditions

• These ‘Terms of Use’ are a contractual agreement between Application and our users, so please read them carefully before accessing or using Application. By accepting this Agreement, you warrant that You have fully read and understood this Agreement. Your access and use of the Application bind You to this Agreement. If you do not agree to this Agreement, you may not subscribe or register to create account in the Application.

 

• We may modify this Agreement at any time. Any modifications made will be effective immediately upon posting. You agree to review this Agreement posted each time You access and/or use the Application so that you are aware of any modifications made to the Agreement.

 

• To start using AMDHA app, an account shall be created and verified by you or AMDHA customer (e.g. Your Hospital, Doctor).

 

• All Users must be at least 18 years of age or older or have approval and verifiable consent from their parent or legal guardian.

 

• Unauthorized copying, modification of the Application, any part of the Application, or our trademarks is strictly prohibited. Any attempts to extract the source code of the Application, translate the Application into other languages, or create derivative versions are not permitted.

 

• All trademarks, copyrights, database rights, and other intellectual property rights related to the Application remain the property of the Service Provider.
• The Service Provider is not liable to any user, customer or any third party, for any decision made or action taken by, any user, or anyone else: based on information contained on the app.

 

• You are responsible for the information you put into AMDHA account. If you find a problem with the data within your AMDHA record from a AMDHA customer (e.g. Your Hospital, Doctor), please contact that clinical team. If you find a problem with the data you entered in the AMDHA record, please contact us directly at info@alphamd.com.

 

Users’ Agreement

By registering to use this Application, Users will create a personal profile account. You also agree that:

• You will maintain the security of all user identification, password and other confidential information relating to the use of Your account.

 

• You will not upload or transmit any communications or content of any type that infringes or violates any rights of any party.

 

• You will not use this app for any purpose in violation of local, state, national or international laws.

 

• You will not impersonate another person or create any false account information or health record for Yourself or any other person.

 

• You will not allow any other person or entity to use Your identification for any purpose.

 

• You will indemnify Alpha MD and any of our affiliates or organisations, and any of our successors, assigns or licensees, together with any of their respective officers, directors and employees, against any damages, losses, liabilities, judgments, costs or expenses (including reasonable attorneys’ fees and costs) arising out of a claim by a third party relating to use of the Services, or any breach or violation of this Agreement or any other term or conditions.

 

• You agree to comply with all user responsibilities and obligations as stated in this Agreement. Alpha MD reserves the right, but is not obligated, to terminating your access to the app upon any breach of Agreement.

 

• It is your responsibility to maintain the security of your phone and access to the Application. The Service Provider strongly advise against jailbreaking or rooting your phone, which involves removing software restrictions and limitations imposed by the official operating system of your device. Such actions could expose your phone to malware, viruses, and malicious programs, compromise your phone’s security features, and may result in the Application not functioning correctly or at all.

 

• Functions of the Application require an active internet connection, which can be Wi-Fi or provided by your mobile network provider. Alpha MD cannot be held responsible if the Application does not function at full capacity due to lack of access to Wi-Fi or if you have exhausted your data allowance.

 

• Similarly, Alpha MD cannot always assume responsibility for your usage of the application. For instance, it is your responsibility to ensure that your device remains charged. If your device runs out of battery and you are unable to access the Service, Alpha MD cannot be held responsible.

 

• You accept the responsibility for any such bill charges, including roaming data charges if you use the application outside of your home territory (i.e., region or country) without disabling data roaming. If you are not the bill payer for the device on which you are using the application, we assume that you have obtained permission from the bill payer.

 User Account, Password, and Security

You will create a username and password (collectively “Login Details”) as part of the registration process. You are responsible for maintaining the confidentiality of the Login Details and are fully responsible for all activities that occur under your Login Details. You are responsible for taking all reasonable steps to ensure that no unauthorised person shall have access to Your Login Details. It is your sole responsibility to:

• Control the dissemination and use of your Login Details;
• Authorise, monitor, and control access to and use of your Records, Account and Login Details; and,
• Inform promptly Alpha MD of any need to deactivate or reset the Login Details.

You agree to:

(a) immediately notify Alpha MD of any unauthorised use of your password or account or any other breach of security; and,

(b) ensure that you exit from your account at the end of each session and close the browser. Alpha MD shall not be liable for any loss or damage arising from your failure to comply with this Agreement.

Reports/Assessments

The assessment provided within the AMDHA app is intended for informational and educational purposes only. It is not a substitute for professional medical advice, diagnosis, or treatment.

The assessment results should not be considered a clinical or medical document. Always consult with a qualified healthcare professional for any health concerns or before making any decisions related to your health.

AMDHA Records – Retention & Deletion

You will have the opportunity to access your Health, and any other records or information submitted to your healthcare provider (“Your Records”).

You hereby grant Alpha MD, our employees, officers, directors, agents, and contractors, and all other persons or entities involved in the operation of this Site, the right to access, transmit, receive, monitor, retrieve, store, maintain, and use Your Records and any other information you provide in connection with the establishment and maintenance of your AMDHA account to provide the Services, including but not limited to, converting documents received on your behalf to an electronic format, uploading to and delivering your records, and maintaining your account.

For additional details about data retention and deletion, please refer to Data Deletion Policy – Alpha MD

Disclosure of Personal Health Information

You and your healthcare provider are solely responsible for the accuracy and integrity of any data, reports, and health information submitted in connection with this Agreement. Alpha MD does not assume any responsibility or liability for any information submitted or the use or misuse, by you or any third party of any information transmitted or received using this Application for the storage and transmission of your records.

You grant Alpha MD, and all other persons or entities involved in the operation and provision of the Application the right to transmit, monitor, retrieve, store and use your information in connection with the operation of the Services. Any information you submit to us or that is submitted to us on your behalf will be communicated using encryption technology. However, we cannot and will not guarantee that: (a) the information, during its transmission, will be protected against loss, misuse or alteration by third parties; or, (b) access to your account and any information or data submitted to us will be uninterrupted; or, (c) any encryption technology used by us will not be breached.

Choice of Law and Dispute Resolution

This Agreement shall be deemed to have been entered into and shall be construed and enforced in accordance with the laws of India, without giving effect to any conflicts of law provisions. Subject to the last sentence hereof, any controversy, dispute or claim arising out of or related to these Terms of Use shall be settled by final and binding arbitration to be conducted by courts in Mumbai, India.

Payment model

AMDHA app does not use subscriptions. This app offers prepaid plans which can be purchased offline via direct payment. These plans are not recurring, and users are not automatically charged; plans are not auto renewed. One time purchase is required to access the AMDHA app that differs for every user depending upon the condition and agreement with service provider.

Cancellation

It is your responsibility to properly cancel your account with AMDHA. You can cancel your account at any time by going into your account settings or informing Alpha MD.

Upon Cancellation

All rights granted to you with respect to the AMDHA, and all rights granted with respect to your data will terminate on the effective date of termination. You agree return to AMDHA or Alpha MD all Confidential Information of AMDHA in your possession or control. AMDHA will have no obligation to provide the Service to you or Authorized Users after the effective date of the termination. You will pay to AMDHA any amounts payable for your and Authorized User’s use of the Service through the effective date of the termination.

Termination

Alpha MD may, in its sole discretion, terminate your access to the Application, or any portion thereof. We may notify you that you have breached the Agreement, and your account is being terminated. These actions are in addition to and not in lieu or limitation of any other right or remedy We may have available at law. We shall not be liable to you or any third party for any such termination or discontinuance.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT ALPHA MD SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR INJURY, ILLNESS, DISABILITY, LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ALPHA MD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES; (ii) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR

(iv) ANY OTHER MATTER RELATING TO THE SERVICES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Assignment

You may not assign or transfer this Agreement, in whole or in part, without our prior written consent, which may be withheld at our sole discretion and any attempt to do so in violation of this section shall be null and void.

Waiver and Severability of Terms

The failure of Alpha MD to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement shall remain in full force and effect. 

No Right of Survivorship and Non-Transferability

You agree that your AMDHA account is non-transferable by you and any rights to your login details or contents within Your account without appointing a nominee. On death of an account holder without any nominee, your account may be terminated and all contents therein permanently deleted upon receipt of a copy of a death certificate.

Collection of Personal Information and Confidentiality

We collect personal information that you choose to share with us when you register to the AMDHA. This information may include your name and e-mail address (for further detail see Privacy Policy AMDHA – Alpha MD). Information from registration is saved to our database. This enables you to use the personalized features on a recurring basis. This saved information is collected only with your permission and may be updated or deleted by you at any time. If you choose to not provide the information required for registration, you may not register.

By using the Services, you are consenting to the terms of this agreement and acknowledge that you have read our Privacy Policy.

Questions related to data protection and policy can be addressed to Alpha MD:

Ms. Nishi Sharma, Data Protection Officer

nishi.sharma@alphamd.com

Electronic Acceptance

Electronic acceptance will have the same legal effect as original signatures and are binding on the parties. If this Agreement is accepted electronically, by checking the “I agree” box, you have agreed to be bound by all of the terms and conditions of this Agreement.

Complete Agreement

This Agreement contains the entire understanding of the parties with respect to the use of the Application and there are no other written or oral understandings or promises between the parties with respect to the subject matter of this Agreement other than those contained or referenced in this Agreement.

Contact Us

We hope you find the Application helpful and convenient to use.

If you have any comments, concerns or questions about this Agreement, please contact us at:

Alpha MD Private Limited

1st Floor, 315, Balgovind Wadi, New Prabhadevi Road, Prabhadevi

Mumbai – 400 025.

Email: info@alphamd.com