TRES CARE PRIVATE LIMITED
This Agreement describes the terms governing your use of the Services provided to you by Tres Care.
"Customer" means You or any Person or legal entity that has availed or is using Services by Tres Care or wishes to avail or use the Services by Tres Care. The term Customer shall stand extended to the respective legal representatives, heirs, successors and assigns of the Customer therein as regards the duties, responsibilities, and liabilities hereto.
“Service” of “Services” shall mean and include the products and services offered or provided to you either as a customer, or as a person interested in availing the services of Tres Care. It shall include, but not limited to, the Tres Care website and/or the Tres Care Mobile Applications and/or Tres Care Software-as-a-service product and/or the Tres Care Devices and/or through any other digital intervention by Tres Care, and/or any other products and services that may be made available in the future. Various digital interfaces, such as the website or the mobile application or any other digital platforms by Tres Care, as a part of their Services, shall be referred to as “Tres Care Digital Properties” or “Digital Properties”.
“You” or “Your” means the person described above as a Customer or any other legal entity or person who is contractually obliged to Tres Care by this Agreement.
WE DO NOT PROVIDE ANY MEDICAL ADVICE
WE DO NOT PROVIDE ANY MEDICAL ADVICE. DO NOT USE THE SITE OR THE PRODUCTS OR THE SERVICES FOR ANY MEDICAL OR MENTAL HEALTH NEEDS.
The data readings provided by the Tres Care Health Band or a Wearable Device or a Monitoring Device (“Tres Devices”) and the Smartphone Application (“App”) are for indicative reference purpose only and does not substitute any professional medical advice. It is always advisable to consult a medical professional or a qualified healthcare practitioner for seeking any medical advice, diagnoses, or treatment.
WE ARE NOT RESPONSIBLE FOR ANY MEDICAL OR MENTAL HEALTH PROBLEMS YOU MAY FACE AS A RESULT OF AVAILING OR USING SERVICES.
WE DO NOT WARRANT THE VALIDITY, ACCURACY, COMPLETENESS, SAFETY, LEGALITY, QUALITY, OR APPLICABILITY OF THE CONTENT OR ANYTHING SAID OR WRITTEN.
WE DON’T PROVIDE PERSONAL DIAGNOSIS, TREATMENT.
Our services do not constitute the practice of medicine, and consultations cannot be used for providing a formal medical diagnosis, for a physical examination, for obtaining prescriptions, or for treatment. Do not use our Services to diagnose or treat a medical condition. Please see your doctor in person if you are looking for a personal medical evaluation, diagnosis, prescription or treatment.
YOU ARE THE BEST JUDGE OF YOUR HEALTH
Our data is structured to support the health decisions and choices that you make. These decisions and choices are yours, and we believe that you are the best person to decide about your health and that these decisions should be made in connection with the advice you receive from your own doctor. Always use professional help from qualified healthcare practitioner when making decisions relating to your health.
For availing the Services, Tres Care requires information such as your mobile number and/or your email address for providing access to the Services. You hereby agree to provide your details as may be requested from time to time to be able to avail the Services. Tres Care may also require your other personal health related information to be able to provide you the Services.
a. Use of Services: You may use the Service, and the information, writings, Content, images and/or any other works that you see, hear or otherwise experience as a part of our Services (singly or collectively, the "Content") solely for your non-commercial, personal purposes and/or to learn about our Services. No right, title or interest in any Content is transferred to you, whether as a result of downloading such Content or otherwise. Tres Care reserves complete title and full intellectual property rights in all Content. Except as expressly authorized by this Agreement, you may not use, alter, copy, distribute, transmit, or derive another work from any Content obtained from the Service, except as expressly permitted by Tres Care.
b. Copyright: The Content is protected by Indian and/or foreign copyright laws and belong to Tres Care or its partners, affiliates, contributors or third parties. The copyrights in the Content are owned by Tres Care or other copyright owners who have authorized their use for various Services. You may download and reprint Content for non-commercial, non-public, personal use only.
c. Trademarks: You are prohibited from using any of the marks or logos appearing throughout our Digital Properties without permission from the trademark owner, except as permitted by applicable law.
e. Linking to this Site: If you would like to link to our Digital Properties, you must follow the respective guidelines. Unless specifically authorized by Tres Care, you may not connect "deep links" to our Digital Properties, i.e, create links to this site that bypass the home page or other parts of our Digital Properties. You may not mirror or frame the home page or any other pages of our Digital Properties on any other web site or web page.
f. Downloading Files: Tres Care cannot and does not guarantee or warrant that the files available for downloading through its Digital Properties will be free of infection by software viruses or other harmful computer code, files or programs.
g. Software: Any software available for download via the Digital Properties is the copyrighted work of Tres Care and/or its licensors. Use of such software is governed by the terms of the end user license agreement that accompanies or is included with the software. Downloading, installing, and/or using any such software indicates your acceptance of the terms of the end user license agreement.
h. Indemnification: You understand and agree that you are personally responsible for your behavior on the Digital Properties. You agree to indemnify, defend and hold harmless Tres Care, its parent companies, subsidiaries, affiliated companies, joint ventures, business partners, licensors, employees, agents, advisors and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of your use, misuse, or inability to use the Digital Properties, the Service, or the Content, or any violation by you of this Agreement.
i. User Conduct: You agree to use the Digital Properties only for lawful purposes. You agree not to take any action that might compromise the security of the Digital Properties, render the Digital Properties inaccessible to others or otherwise cause damage to the Digital Properties or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Digital Properties in any manner that might interfere with the rights of third parties.
j. Unsolicited Idea Submission Policy: Tres Care or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, marketing strategies, new or improved products, technologies, services, processes, materials, or new product names. We have found this policy necessary in order to avoid misunderstandings should Tres Care business activities bear coincidental similarities with one or more of the thousands of unsolicited ideas offered to us. Please do not send your unsolicited ideas to Tres Care or anyone at Tres Care. If, in spite of our request that you not send us your ideas, you still send them, then regardless of what your posting, email, letter, or other transmission may say, (1) your idea will automatically become the property of Tres Care, without any compensation to you; (2)Tres Care will have no obligation to return your idea to you or respond to you in any way; (3) Tres Care will have no obligation to keep your idea confidential; and (4) Tres Care may use your idea for any purpose whatsoever, including giving your idea to others. However, Tres Care does welcome feedback regarding many areas of Tres Care Services that will help satisfy customer's needs, and feedback can be provided through the many listed contact areas on the Digital Properties. Any feedback you provide shall be deemed a Submission under the terms of this Agreement.
k. User Supplied Information: Tres Care does not want to receive confidential or proprietary information from you via its Digital Properties. You agree that any material, information, or data you transmit to us or post to the Digital Properties (each a "Submission" or collectively "Submissions") will be considered non confidential and non proprietary. For all Submissions, (1) you guarantee to us that you have the legal right to post the Submission and that it will not violate any law or the rights of any person or entity, and (2) you give Tres Care the royalty-free, irrevocable, perpetual, worldwide right to use, distribute, display and create derivative works from the Submission, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you.
l. Disputes, Governing Law and Jurisdiction: This Agreement shall be governed by Indian laws, notwithstanding its conflict of laws provisions, and shall be subject to the exclusive jurisdiction of the Courts of New Delhi. Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under The Arbitration and Conciliation Act, 1996. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be New Delhi, India.
m. Waiver: A waiver of any breach of this Agreement is not a waiver of any other breach. Any waiver must be in writing and signed by an authorized representative of the waiving party
n. General: This Agreement is the entire agreement between you and Tres Care and replaces all prior understandings, communications and agreements, oral or written, regarding its subject matter. If any court of law, having the jurisdiction, rules that any part of this Agreement is invalid, that clause will be removed without affecting the remainder of the Agreement. The remaining terms will be valid and enforceable. You cannot assign or transfer ownership of this Agreement to anyone (except as expressly stated herein) without the prior written approval of Tres Care. However, Tres Care may assign or transfer it without your consent to: (a) an Affiliate, (b) another company through a sale of assets by Tres Care, or (c) a successor by merger. Any assignment in violation of this clause shall be void. If you want to request a transfer of this Agreement or if your company is acquired by or merged into another company, contact Tres Care via an email to: firstname.lastname@example.org
o. Non-Disclosure, Non-Compete, Non-Soliciation: You agree not to indulge in any act, deed or thing that could be a willful disclosure of confidential and/or proprietary information or compete with the business of the Tres Care. You further agree not to solicit any staff or personnel of Tres Care whom you may interact with in providing Services to you.
a. Security: We will take commercially reasonable measures to help protect your personal information to prevent loss, misuse and unauthorized access, disclosure, alteration and destruction. All the information we have about you is controlled by the relevant laws of the land as applicable. We will keep the information we need to maintain contact with you and to provide the Services to you. We will ensure our best efforts to maintain the security and confidentiality of your data. Tres Care cannot, however, ensure or warrant the security of any information you transmit to us for the Service or store on our Digital Properties, and you do so at your own risk. Tres Care also cannot guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. If Tres Care learns of a security systems breach, then Tres Care may, if possible, attempt to notify you electronically so that you can take appropriate protective steps. Tres Care may post a notice through the Service if a security breach occurs. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive a written notice of a security breach you should notify us at email@example.com
b. Types of Information we Collect: When you access or use our Services or our Digital Properties, we may also automatically collect quantitative and qualitative data information about you, including:
i. Log Information: We collect log information as to how and why you use our Services, when you install, download, including your access times, communicate with us via third party social media sites, request customer support, or otherwise communicate with us, browser type and language, and Internet Protocol address.
iii. Location Information: When you use our Services, we will collect information about your location. This will be used for alerting the Users or their authorized persons or for healthcare experts and relevant third parties for providing the Services during emergencies.
iv. Device Information: We collect device-specific information when you access our Services, including your hardware model, operating system and version, unique device identifiers, and mobile network information.
vi. Web Beacons: We may also collect information using web beacons (also known as “gifs,” “pixel tags” and “tracking pixels”). Web beacons are electronic images that may be used in our Services or emails. Web beacons are used to monitor user activity, deliver cookies, collect information, count visits, understand usage and campaign effectiveness and to indicate if an email has been opened and acted upon.
i. Operate and improve our Services
ii. Provide and deliver the products and services you request and send you related information
iii. Respond to your comments, questions and requests and provide customer services
iv. Monitor and analyze trends, usage and activities in connection with our Services; and
v. Provide personalized content and information
d. Sharing Information: We may share/ use/ monetise personal information, save that which is proprietary in connection with the Services for any purpose with third parties without consent and users may request not to receive emails at any time by contacting us. When members leave we delete the information on your membership, and keep other information only as long as necessary for accounting and audit purposes. We may also share aggregated or anonymized information that does not directly identify you. We will share information with your consent, including if we notify you through our Services that the information you provide will be shared in a particular manner and you provide such information; With third party vendors, consultants and other service providers who are working on our behalf and need access to your information to carry out their work for us; If we have a good faith belief that disclosure is reasonably necessary to comply with any applicable law, regulation, legal process or government request; enforce our agreements, policies and Terms of Service; protect the security or integrity of our Services; and protect us, our users or any third party from harm; In connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition of all or a portion of our business to another entity or third party; and in good faith, as appropriate or necessary to:
i. take precautions against liability,
ii. protect ourselves or others from fraudulent, abusive, or unlawful uses or activity,
iii. investigate and defend ourselves against any third-party claims or allegations,
iv. protect the security or integrity of the Service and any facilities or equipment used to make the Service available, or
v. protect our property or other legal rights (including, but not limited to, enforcement of our agreements), or the rights, property, or safety of others.
e. Social Sharing Features: The Services may offer social sharing features (such as the “Like” or “Share” of “Follow” buttonor any other such tools/features to be used in future) or other tools which let you share actions you take on our Services with other websites, apps and vice versa. The use of such features enables the sharing of certain information with your friends or the public, depending on the settings you establish with the third party that provides the social sharing feature. For more information about the purpose and scope of data collection and processing in connection with social sharing features, please visit the privacy policies for the third parties that provide these social sharing features.
f. Children’s Privacy: Protecting the privacy of young children is especially important. Our Service is not directed to children and adolescents under the age of 18, although Tres Care does collect personal information from those under the age of 18. If Tres Care learns that personally identifiable information has been collected on the Service from persons under 18 years of age and without verifiable parental consent, then Tres Care in its discretion will take appropriate steps to securely deal with this information. If you are a parent or guardian and discover that your child under 18 years of age has obtained an account on the Service, then you may alert us at firstname.lastname@example.org and request that Tres Care delete that child’s personally identifiable information from our systems.
g. Privacy Settings: Although Tres Care may allow you to adjust your privacy settings to limit access to certain personal information, please be aware that no security measures are perfect or impenetrable. Tres Care is not responsible for circumvention of any privacy settings or security measures on the Service. Additionally, Tres Care cannot control the actions of other users with whom you may choose to share your information. Further, even after information posted on the Service is removed, caching and archiving services may have saved that information, and other users or third parties may have copied or stored the information available on the Service. Tres Care cannot and do not guarantee that information you post on or transmit to the Service will not be viewed by unauthorized persons.