Introduction

These terms and conditions apply to the services provided by Alpha MD Pvt. Ltd., including AMDHA app (hereby referred to as “Application”) for Laptop, Mobile devices and Tablet that was created by Alpha MD Pvt. Ltd. (hereby referred to as “Service Provider”) as a Commercial service.

The app offers access to health records of patient visits with their healthcare providers (the “Services”) provided by Alpha MD Pvt. Ltd., its affiliates or organisations, successors, assigns or licensees, together with any of their respective officers, directors and employees. Use of the Site (hereby referred to as “Website”) and its Services is governed by the terms and conditions of this agreement.

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

Upon downloading or utilizing the Application, you are automatically agreeing to the following terms. It is strongly advised that you thoroughly read and understand these terms prior to accessing the Site or using the Services.

General Terms and Conditions

• All Users must be 18 years of age or older or have permission from their parent or legal guardian.

• These Terms of Service 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 Site and 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 on the Site. “You” agree to review this Agreement posted on the Site each time “You” access the Site and/or use the Application so that “You” are aware of any modifications made to the Agreement.

• 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.

Disclaimer

THE SERVICES AND ANY INFORMATION CONTAINED ON THE SITE OR PROVIDED THROUGH THE PRODUCTS ARE PROVIDED ON AN “AS IS” BASIS. WE WILL REGARD ALL ACCESS TO AND USE OF THIS SITE AND THE SERVICES AS VOLUNTARY AND AT THE SOLE RISK OF THE USER.

WE MAKE NO WARRANTY OR GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. We do not guarantee continuous, uninterrupted or secure access to the Products, and operation of the Site may be interfered with by numerous factors outside of our control.

WE DO NOT WARRANT OR GUARANTEE THAT FILES AVAILABLE FOR DOWNLOADING THROUGH THE SITE OR PRODUCT WILL BE FREE OF INFECTIONS OR VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT CONTAINS CONTAMINATING OR DESTRUCTIVE PROPERTIES. We cannot and do not guarantee or warrant against errors, omissions, delays, interruptions or losses, including loss of data. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site or the Services, or any part thereof, with or without notice.

Warranties and Limitation of Liability

We do not make any express or implied warranties, representations or endorsements of any kind whatsoever (including, without limitation, warranties of title or noninfringement, or any warranties of merchantability or fitness for a particular purpose) with regard to the services. We do not warrant or guarantee the accuracy, completeness, correctness, timeliness or usefulness of any information, products, services, merchandise or other material provided through the services or on the site generally.

Alpha MD is not liable to any user, or any third party, for any decision made or action taken by, any user, or anyone else: based on information contained on the site or provided through the services; or, due to reliance upon information contained on the site or provided through the products.

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 Site or its Services 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 condition contained on the Site.

• 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 Site or any feature on the Site 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, 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.

Indemnity

“You” agree that “You” are solely responsible for “Your” activities on this site and that “You” will defend, indemnify, and hold Alpha MD, its officers, directors, affiliates, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, “Your” violation of this Agreement and any claims based upon Your or use of the Site and the Services.

User Account, Password, and Security

You will create a user name 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,
• Promptly inform 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.

AMDHA Records Storage

You will have the opportunity to access Your Health and any other records or information submitted to Your healthcare provider (“Your Records“). Alpha MD will electronically store and maintain Your Records on a database maintained by or on behalf of Alpha MD. Electronic storage of Your Records allows the immediate viewing of Your Records by You and Your authorized health care providers.

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.

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 Site and/or Application for the storage and transmission of Your Records.

You grant Alpha MD and all other persons or entities involved in the operation of the Site and provision of the Services 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 the 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.

Cancellation

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

Upon Cancellation

Any and all rights granted to You with respect to the Services and Application, and any and all rights granted to Application with respect to Your data will terminate on the effective date of termination. You agree return to Application or Alpha MD any and all Confidential Information of Application in your possession or control. Application will have no obligation to provide the Service to You or Authorized Users after the effective date of the termination. You will pay to Application 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 Services, or any portion thereof, or discontinue providing the Site, 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.

Your sole and exclusive remedy for dissatisfaction with this Site or with the Services will be to stop using the Site and/or Services.

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.

Proprietary Rights

Alpha MD and/or other applicable rights holders copyright the materials on the Site. You acknowledge and agree that the Site and any necessary software used in connection with the Site (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that any content contained in the information presented to You through the Site or Application is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.

Except as expressly authorised by Alpha MD or advertisers, You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site or the Software, in whole or in part. You may download and reprint a single copy of the materials from the Site and/or the Services for Your own personal, non-commercial use only, provided You include all applicable notices and disclaimers. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Site. You agree not to access the Site by any means other than through the interface that is provided by Alpha MD for use in accessing the Site. You shall not, in whole or in part, adapt, translate, modify, decompile, reverse engineer, or disassemble the Site, merge the Site into other program material, nor shall You otherwise create or attempt to obtain the source code of the Software.

Collection of Personal Information and Confidentiality

We collect personal information that You choose to share with us when You register to the Application. This information may include Your name and e-mail address (for further detail see Privacy Notice). Information from registration is saved to our database. This enables You to use the personalized features on the Site 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.

Privacy Policy

The Services are provided by us under this Agreement via our website Alpha MD | Empowering Patients, Enabling Clinicians, Improving Lives

We process your personal data as described by our Privacy Policy, which is available at ‘AMDHA PRIVACY POLICY’ and which you are requested to read regularly as this may be changed from time to time.

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

Amendment to These Terms and Conditions

The Service Provider may periodically update, amend and/or alter this Terms and Conditions with or without notice. Therefore, you are advised to review this page regularly for any changes.

Electronic Acceptance

Electronic acceptance via the Site or facsimile signatures and electronic signatures 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 Site and its Services 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. Anything contained on the Site or its Services inconsistent with or conflicting with the terms of this Agreement is superseded by the terms of this Agreement.

Contact Us

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

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

Portal User

Alpha MD Private Limited

19, Unique Industrial Estate, Off VS Marg, Prabhadevi,

Mumbai – 400 025.

Email: info@alphamd.com