Last updated: January 14, 2021
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
- Account means a unique account created for You to access our Service or parts of our Service.
- Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
- Application means the software program provided by the Company downloaded by You on any electronic device, named MedAlert
- Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Manjila and Singh Innotech (P) Ltd., 10 G, Transasia Phase 2, Inforpark, Kakkanad, Kochi.
- Country refers to: Kerala, India
- Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
- Personal Data is any information that relates to an identified or identifiable individual.
- Service refers to the Application.
- Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.
- Third-party Social Media Service refers to any website or any social network website through which a User can log in or create an account to use the Service.
- Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
- You means< the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Collecting and Using Your Personal Data
Types of Data Collected
While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:
- Email address
- First name and last name
- Phone number
- Address, State, Province, ZIP/Postal code, City
- Usage Data
Usage Data is collected automatically when using the Service.
Usage Data may include information such as Your Device's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.
We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.
Information from Third-Party Social Media Services
The Company allows You to create an account and log in to use the Service through the following Third-party Social Media Services:
If You decide to register through or otherwise grant us access to a Third-Party Social Media Service, We may collect Personal data that is already associated with Your Third-Party Social Media Service's account, such as Your name, Your email address, Your activities or Your contact list associated with that account.
Information Collected while Using the Application
While using Our Application, in order to provide features of Our Application, We may collect, with Your prior permission:
- Information regarding your location
- Pictures and other information from your Device's camera and photo library
We use this information to provide features of Our Service, to improve and customize Our Service. The information may be uploaded to the Company's servers and/or a Service Provider's server or it may be simply stored on Your device.
You can enable or disable access to this information at any time, through Your Device settings.
Use of Your Personal Data
The Company may use Personal Data for the following purposes:
- To provide and maintain our Service, including to monitor the usage of our Service.
- To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
- For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.
- To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application's push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
- To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
- To manage Your requests: To attend and manage Your requests to Us.
- For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred.
- For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and your experience. We may share Your personal information in the following situations:
- With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, to contact You.
- For business transfers: We may share or transfer Your personal information 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 company.
- With business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.
- With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside. If You interact with other users or register through a Third-Party Social Media Service, Your contacts on the Third-Party Social Media Service may see Your name, profile, pictures and description of Your activity. Similarly, other users will be able to view descriptions of Your activity, communicate with You and view Your profile.
- With Your consent: We may disclose Your personal information for any other purpose with Your consent.
Retention of Your Personal Data
The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods
Transfer of Your Personal Data
Your information, including Personal Data, is processed at the Company's operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.
Disclosure of Your Personal Data
Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
Other legal requirements
The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:
- Comply with a legal obligation
- Protect and defend the rights or property of the Company
- Prevent or investigate possible wrongdoing in connection with the Service
- Protect the personal safety of Users of the Service or the public
- Protect against legal liability
Security of Your Personal Data
The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.
The Service may contain content appropriate for children under the age of 13. As a parent, you should know that through the Service children under the age of 13 may participate in activities that involve the collection or use of personal information. We use reasonable efforts to ensure that before we collect any personal information from a child, the child's parent receives notice of and consents to our personal information practices.
We also may limit how We collect, use, and store some of the information of Users between 13 and 18 years old. In some cases, this means We will be unable to provide certain functionality of the Service to these Users. If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent's consent before We collect and use that information.
We may ask a User to verify its date of birth before collecting any personal information from them. If the User is under the age of 13, the Service will be either blocked or redirected to a parental consent process.
Information Collected from Children Under the Age of 13
The Company may collect and store persistent identifiers such as cookies or IP addresses from Children without parental consent for the purpose of supporting the internal operation of the Service.
We may collect and store other personal information about children if this information is submitted by a child with prior parent consent or by the parent or guardian of the child.
The Company may collect and store the following types of personal information about a child when submitted by a child with prior parental consent or by the parent or guardian of the child:
- First and/or last name
- Date of birth
- Grade level
- Email address
- Telephone number
- Parent's or guardian's name
- Parent's or guardian's email address
A parent who has already given the Company permission to collect and use his child personal information can, at any time:
- Review, correct or delete the child's personal information
- Discontinue further collection or use of the child's personal information
Links to Other Websites
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
Terms and conditions
This Agreement defines the terms and conditions under which you are allowed to use the website / mobile application, and describes the manner in which we shall treat your account while you are registered as a member with us. If you have any questions about any part of the Agreement, feel free to contact us at firstname.lastname@example.org
The Agreement applies to you whether you are :
A medical practitioner or health care provider (whether an individual professional or an organization) or similar institution wishing to be listed, or already listed, on the website / mobile application, including designated, authorized associates of such practitioners or institutions (“Practitioner(s)”, “you” or “User”); or
A patient, his/her representatives or affiliates, searching for Practitioners through the website / mobile application (“End-User”, “you” or “User”); or
Otherwise a user of the Website / mobile application (“you” or “User”).
This Agreement applies to those services made available by MedAlert Solutions on the website / mobile application, which are offered free of charge to the Users (“Services”), including the following:
- For Practitioners: Listing of Practitioners and their profiles and contact details, to be made available to the other users and visitors to the website / mobile application;
- For other Users: Facilities to (i) create and maintain Health Records, medical histories and the like, (ii) search for Practitioners by name, speciality, and geographical area, and other details provided by the practitioner, and (iii) to make appointments with said Practitioners.
By creating an account and availing, you irrevocably accept all the conditions stipulated by this Agreement, Terms and Conditions and the Privacy Policies available on the website, and agree to abide by them.
MedAlert Solutions reserves the right to modify or terminate any service and at such a time modified agreements will be sent to your correspondence (email or other). You are advised to go through the updated agreement, the continuation of use of the website / mobile application of the user would be taken as an implication of your acceptance of the updated agreements and be bound by it. You can cancel any or all the services, should you not agree with the aforementioned update.
The Agreement is published in compliance with, and is governed by the provisions of Indian law, including but not limited to:
- the Indian Contract Act, 1872,
- the (Indian) Information Technology Act, 2000, and
- the rules, regulations, guidelines and clarifications framed thereunder, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”).
Conditions of use
You must be 18 years of age or older to register, use the Services, or visit or use the Website / mobile application in any manner. By registering, visiting and using the Website / mobile application or accepting this Agreement, you represent and warrant to MedAlert Solutions that you are 18 years of age or older, and that you have the right, authority and capacity to use the Website / mobile application and the Services available through the Website / mobile application, and agree to and abide by this Agreement.
- The website / mobile application allows MedAlert Solutions to have access to registered Users’ personal email or phone number, for communication purpose so as to provide you a better way of booking appointments and for obtaining feedback in relation to the Practitioners and their practice.
- the fact that certain information is being collected;
- the purpose for which the information is being collected;
- the intended recipients of the information;
- the nature of collection and retention of the information; and
- the name and address of the agency that is collecting the information and the agency that will retain the information; and
- the various rights available to such Users in respect of such information.
MedAlert Solutions shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User to MedAlert Solutions or to any other person acting on behalf of MedAlert Solutions.
- The User is responsible for maintaining the confidentiality of the User’s account access information and password, if the User is registered on the website / mobile application. The User shall be responsible for all usage of the User’s account and password, whether or not authorized by the User. The User shall immediately notify MedAlert Solutions of any actual or suspected unauthorized use of the User’s account or password. Although MedAlert Solutions will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of MedAlert Solutions or such other parties as the case may be, due to any unauthorized use of your account.
- If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or MedAlert Solutions has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, MedAlert Solutions has the right to discontinue the Services to the User at its sole discretion.
- MedAlert Solutions may use such information collected from the Users from time to time for the purposes of debugging customer support related issues
- MedAlert Solutions 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 website / mobile application or the downloading of any material, data, text, images, video content, or audio content from the website / mobile application. If a User is dissatisfied with the website / mobile application, the User’s sole remedy is to discontinue using the website / mobile application.
- Users are allowed to provide feedback about their experiences with the Practitioner, however, the User shall ensure that the same is provided in accordance with applicable law. The user however understands that MedAlert Solutions shall not be obliged to act in such manner as may be required to give effect to the content of Users feedback, such as suggestions for delisting of a particular Practitioner from the website / mobile application.
- If MedAlert Solutions determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, MedAlert Solutions reserves the right to immediately suspend your access to the website / mobile application or any of your accounts with MedAlert Solutions and makes such declaration on the website / mobile application alongside your name/your clinic’s name as determined by MedAlert Solutions for the protection of its business and in the interests of Users. You shall be liable to indemnify MedAlert Solutions for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected MedAlert Solutions or its Users.
- The Appointment created will only reserve the slot of the doctor for 24 hours after which the appointment will be cancelled.
Book appointment and call facility
MedAlert Solutions enables Users to connect with Practitioners through:
- Book facility that allows Users book an appointment through the mobile application
- MedAlert Solutions will ensure Users are provided confirmed appointment on the Upcoming appointments. However, MedAlert Solutions has no liability if such an appointment is later cancelled by the Practitioner, or the same Practitioner is not available for appointment.
- The results of any search Users perform on the Website / mobile applications for Practitioners should not be construed as an endorsement by MedAlert Solutions of any such particular Practitioner. If the User decides to engage with a Practitioner to seek medical services, the User shall be doing so at his/her own risk.
- Without prejudice to the generality of the above, MedAlert Solutions is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any interactions between User and the Practitioner. User understands and agrees that MedAlert Solutions will not be liable for:
- User interactions and associated issues User has with the Practitioner;
- the ability or intent of the Practitioner(s) or the lack of it, in fulfilling their obligations towards Users;
- any wrong medication or quality of treatment being given by the Practitioner(s), or any medical negligence on part of the Practitioner(s);
- inappropriate treatment, or similar difficulties or any type of inconvenience suffered by the User due to a failure on the part of the Practitioner to provide agreed Services;
- any misconduct or inappropriate behaviour by the Practitioner or the Practitioner’s staff;
- cancellation or no show by the Practitioner or rescheduling of booked appointments or any variation in the fees charged.
MedAlert Soutions may provide End-Users with a free facility known as ‘Documents’ on its mobile application ‘MedAlert Telehealth’. Information available in your Records is of two types:
- User-created: Information uploaded by you or information generated during your interaction with MedAlert Telehealth ecosystem, eg: appointment, medicine order placed by you etc.
- Practice-created: Health Records generated by your interaction with a Practitioner.
- Your records are only created after you have signed up and explicitly accepted these Terms.
- The reminder provided is only a supplementary way of reminding you to perform your activities as prescribed by your Practitioner. In the event of any medicine reminders provided by MedAlert Solutions, you should refer to your prescription before taking any medicines. MedAlert Solutions is not liable if for any reason reminders are not delivered to you or are delivered late or delivered incorrectly, despite its best efforts. In case you do not wish to receive the reminders, you can switch it off through the MedAlert Solutions app.
- It is your responsibility to keep your correct mobile number and email ID updated in the profile. MedAlert Telehealth is not responsible for any loss or inconvenience caused due to your failure in updating the contact details with MedAlert Solutions.
- MedAlert Solutions uses industry–level security and encryption to your health records. However, MedAlert Solutions does not guarantee to prevent unauthorized access if you lose your login credentials or they are otherwise compromised. In the event you are aware of any unauthorized use or access, you shall immediately inform MedAlert Solutions of such unauthorized use or access. Please safeguard your login credentials and report any actual suspected breach of account to email@example.com.
- In case you want to delete your records, you can do so by contacting our service support team. However only your account and any associated health records will be deleted, and your health records stored by your Practitioners will continue to be stored in their respective accounts.
- You may lose your “User created” record, if the data is not synced with the server.
- MedAlert Solutions is not liable if for any reason, health records are not delivered to you or are delivered late despite its best efforts.
- MedAlert Solutions is not responsible or liable for any content, fact, health records, medical deduction or the language used in your health records whatsoever. Your Practitioner is solely responsible and liable for your health records and any information provided to us including but not limited to the content in them.
- MedAlert Solutions has the ability in its sole discretion to retract Health Records without any prior notice if they are found to be shared incorrectly or inadvertently.
- MedAlert Solutions will follow the law of land in case of any constitutional court or jurisdiction mandates to share the health records for any reason.
- You agree and acknowledge that MedAlert Solutions may need to access the health record for cases such as any technical or operational issue of the End User in access or ownership of the Records.
- You acknowledge that the Practitioners you are visiting may engage MedAlert Solutions software or third party software for the purposes of the functioning of the Practitioner’s business and MedAlert Solutions's services including but not limited to the usage and for storage of Records in India and outside India, in accordance with the applicable laws.
- To the extent that your Records have been shared with MedAlert Solutions or stored on any of the MedAlert Solutions products used by Practitioner’s you are visiting, and may in the past have visited, You hereby agree to the storage of your records by MedAlert Solutions pertaining to such previously visited clinics and hospitals who have tie ups with MedAlert Solutions for the purposes of their business and for MedAlert Solutions's services including but not limited to the usage and for storage of Records in India and outside India, in accordance with the applicable laws and further agree, upon creation of your account with MedAlert Solutions, to the mapping of such records as may be available in MedAlert Solutions’s database to your User account.
- By email: firstname.lastname@example.org
- By visiting this page on our website: https://www.medalertsolutions.com/contact_us.html