Welcome to the User Agreement for SECURRA HEALTH Application (the “Application”). The Application is operated by Securra Health Global Health Systems Private Ltd. (“Securra Health”), having its registered office address at SIPCOT IT Park, Amtex Towers, Plot No H10, Third Main Road, Siruseri, Tamil Nadu 603103.
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 ‘Securra Health’, ‘We’, ‘Us’, ‘Company’, and ‘Our’ refer to Securra Health. In the event the Application is being used by a person on your behalf, the expres- sion “You” or “Your” shall apply to such a person as well.
The Agreement supersedes all previous oral and written terms and conditions (if any) communicated to You.
SECURRA HEALTH is the author and publisher of the Applications*, which includes SECURRA HEALTH Connect, SECURRA HEALTH Monitor, SECURRA HEALTH VES, and SECURRA HEALTH Store. All variants, editions, add-ons, and ancillary products or services of the Applications (including all ﬁles and images contained in or generated by the software, and accompanying data, together) are also included.
The Application 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, billing, inventory, accounting details and other relevant information.
“Registered Users” are Users”
A. Who have successfully registered themselves with SECURRA HEALTH through the Application by providing information that is true and accurate, and who can log on to their account on the Application by providing their Username and password (“Primary User”).
B. Whose proﬁle has successfully been created on the Application under the account of a Primary User, by providing information that is true and accurate (“Secondary User”).
“Health Care 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 successfully registered themselves on the Application. Non-Registered Users may not be provided access to certain areas of the Application.
Registered Users and Non-Registered Users shall individually or collectively be referred to as “Users”.
ACCESS AND USAGE RIGHTS OF USERS
Non-Registered User: A Non – Registered User is not permitted to access or make use of the Application for any purpose other than what is speciﬁcally permitted. An Unregistered User is speciﬁcally permitted to:
1. To browse the Application without accessing any Services.
2. To share the Application via social media Applications.
Registered User: A Registered User is not permitted to access or make use of the Application for any purpose other than what is speciﬁcally permitted. A Registered User is speciﬁcally permitted to:
1. Enjoy all the access and usage rights of an Unregistered User.
2. Access and use the Services subject to such limitations and restrictions as are prescribed under the Agreement or may be otherwise communicated to Registered User from time to time through any contact information shared by such User at the time of registration.
The data and information available on the Application may be categorized as follows:
1. Data and information generated or provided by Unregistered Users and Registered Users on the Application (“User Content”)
2. Data and information which SECURRA HEALTH (through itself or its contractors) has generated or procured for the Application and includes data and information generated or provided by HSP (“SECURRA HEALTH Content”).
As required by law, You must be at least 18 years of age and have a sound mind to access and use the Application and Services. In case the Application or Services are to be accessed or used by a minor (i.e., a person less than 18 years of age), then the legal guardian/representative of such person shall register himself/herself as a Primary User and create the proﬁle of the minor as a Secondary User.
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 the Application as if the Application and Services were being accessed and used by the Primary User. However, this shall not discharge the Secondary User from liability towards SECURRA HEALTH or its contractors or agents and SECURRA HEALTH 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.
1. You will use the Application and the features provided by the Application only in relation to and in compliance with all applicable Indian laws.
2. You will not use this Application or any feature provided by the Application for any purposes not intended under this Agreement.
The “MCI Telemedicine guidelines” (please place link here) does not permit a doctor in India, and using SECURECONNECT, to provide consultation outside of India. In a situation where You avail of any Service outside India, which involves interaction with a HSP, You should have the advice and /or prescription given by such HSP validated by a local registered medical practitioner.
1.Certain Services are location speciﬁc. Depending on Your location, some services may not be available to You.
2. You will not deliberately use the Application in any way that is unlawful or harms SECURRA HEALTH, its directors, employees, aﬃliates, distributors, partners, service providers and/or any User and/or data or content on the Application.
3. As a User, You may have access to business sensitive information. You shall not share such information with Securra Health’s direct competitors or use it for competitive purposes, except with SECURRA HEALTH’s prior written consent.
4.You understand that as part of Your registration process as well as in course of Your use of the Application, You may receive SMS or email communication or both from SECURRA HEALTH on Your registered contact information. These communications will relate to Your registration, Services provided by SECURRA HEALTH, transactions that You carry out through the Application and any such information found suitable for Your attention by SECURRA HEALTH.
Please note that SECURRA HEALTH will send these communications only to the mobile number that You provide on the Application. It is Your responsibility to ensure that You provide the correct number for the transaction You wish to enter into. Further, SECURRA HEALTH may also send notiﬁcations and reminders to You for the features that You may be using on the Application. You hereby consent to receive such communications from SECURRA HEALTH.
1. You will not share Your log-in details with anyone.
2. You are responsible for maintaining the conﬁdentiality of Your account access information and password.
3. You shall be responsible for all usage of Your account and password, whether or not authorized by You.
4.You shall immediately notify SECURRA HEALTH of any actual or suspected unauthorized use of the Your account or password.
Although SECURRA HEALTH will not be liable for Your losses caused by any unauthorized use of Your account, You may be liable for the losses of SECURRA HEALTH or others due to such unauthorized use.
The Application may be used to access a variety of healthcare and related services. Depending on the status of Your registration and subject to the limitations and restrictions imposed by the Agreement or by SECURRA HEALTH, You may avail of the following services through the Application wherever necessary:
1. Online Consultations
2. Continuous Remote Monitoring of Health Status
3. Lab/sample collections
4. Medicine delivery through our partners
5. Online long term care programs for chronic diseases
6. Follow up service
7. Medical equipment order and delivery through our partners
8.Second opinion service
9. Patient data storage service
10. Virtual Emergency Services
11. Built-in app features such as medicine 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
12. Such other services may be intimated from time to time.
The aforesaid services are referred to as “Services”
1. The Services are non-transferable and only cover the Registered User.
2. You are advised not to use the SECURRA HEALTH online consultation services in case of emergency or if You are in a critical condition.
3. If You are a Registered User but do not satisfy the above pre-conditions, please do not avail the online consultation services. SECURRA HEALTH will not be responsible or liable for any harm or loss that You may suﬀer if You elect to access those Services.
4. All Users, who are patients, and who opt for online consultation services, may be required to undergo an initial medical examination to ascertain and record medical history, medication history and medical status before video-consulting support can be provided.
5.The minimum age requirement of 18 years does not apply to any Service that is open to children and adolescents from Age 1-18.
6.Online consultation services may be provided via the following communication channels Call Center Helplines / Telephones / Mobiles / IM Chats / Online Chats / SMS & Text Chats with and without a camera and video facilities at the sole discretion of SECURRA HEALTH CONNECT. Reasonable eﬀorts will be made to protect Your privacy and conﬁdentiality across Health Consultation Services.
SECURRA HEALTH’S RIGHTS TO THE APPLICATION AND SECURRA HEALTH CONTENT
SECURRA HEALTH respects the intellectual property rights of others, and We expect the same from You. The Application, User Content and the SECURRA HEALTH Content are protected by applicable intellectual property laws.
SECURRA HEALTH’s Rights to the Application and SECURRA HEALTH Content:
1.All intellectual property in and to the Application and all software, techniques and processes used in connection with the aforesaid, belongs exclusively to SECURRA HEALTH or its licensors. As a User, You are granted a limited license to access and use the Application as per the terms of the Agreement. Your use of the Application, by no means are any intellectual property rights impliedly or expressly granted by SECURRA HEALTH to You in respect of such works.
2.SECURRA HEALTH and/or its licensors assert all proprietary rights in and to all names and trademarks contained on the Application. Notwithstanding the generality of the foregoing, the name and logo of “SECURRA HEALTH” is/are] the trademarks and copyright (inclusive of any other applicable intellectual property right) of SECURRA HEALTH and/or its licensors.
3. Any use of such name or logo, unless otherwise authorized in a written Agreement, will constitute an infringement upon the trademark and copyright (or any other such intellectual property right) of SECURRA HEALTH and/or its licensors and may be actionable under applicable laws.
4.Except as stated otherwise in this Agreement, all SECURRA HEALTH Content (including all intellectual property rights to such content) is owned exclusively by SECURRA HEALTH and/or its licensors.
5.When You use the Application in accordance with this Agreement, a limited royalty-free right is granted to You by SECURRA HEALTH to use SECURRA HEALTH Content for personal and non-commercial use in India for the term of the Agreement.
6.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.
7.Unless expressly authorized by SECURRA HEALTH, You agree not to reproduce, modify, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the SECURRA HEALTH 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.
RIGHTS IN USER CONTENT:
You agree that You are the owner of all rights (including all intellectual property rights) in the User Content that You post on the Application or provide to SECURRA HEALTH.
To the extent permissible by law, You hereby grant SECURRA HEALTH a perpetual, non-revocable, worldwide, royalty-free license to make use of such User Content including the right to copy, distribute, display, reproduce, modify, adapt, the User Content, and create derivative works of the User Content.
PATIENT 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 Application which may be accessed by SECURRA HEALTH and/or HSPs using the Application, during the course of providing Services to You.
1. 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 Application and Services. If you have not lawfully authorized the Primary User to do so, kindly reach out to us immediately at [info@SECURRA.com]. By continuing to access and use the Application and Service, You conﬁrm that You have authorized Primary User to provide Your information to us.
2. We may collect various personal information from You when You use the Application and for the features provided by the Application.
Note: SECURRA HEALTH is required by law to maintain the privacy and conﬁdentiality of Your medical information. We assure to take Your privacy seriously and to maintain privacy and conﬁdentiality of the information provided by You to Us. We, however, do not represent, warrant or guarantee that Our safeguards to prevent unauthorized access to Your personal information is fool proof. Further, SECURRA HEALTH may itself have to access Your medical information (medical records, consultation history, transcripts etc.) to investigate any deﬁciencies, complaints or grievances that You bring to the notice of SECURRA HEALTH. You hereby speciﬁcally authorize SECURRA HEALTH to access Your medical information in such cases.
OTHER WEBSITES/MOBILE APPLICATIONS
You may be provided with links on the Application that direct You to third Party websites / Applications / Content or service providers (collectively “Third Party Content”).
We do not extend the Agreement to any other websites/Applications except for this Application. We do not make any warranty or give any security to the personal information disclosed by You to the other websites/Applications, even if such websites/Applications are linked to our Application or they are using our Application link.
SECURRA HEALTH does not endorse any Third-Party Content that You may be directed to from the Application.
SECURRA HEALTH RESPONSIBILITIES
SECURRA HEALTH will make available qualiﬁed HSPs to render Services after carrying out appropriate background and reference checks.
It is hereby clariﬁed SECURRA HEALTH’ obligation to carry out appropriate background and reference checks and to validate qualiﬁcation of HSPs does not go beyond ensuring that the HSPs were registered with relevant state professional councils or central professional council at the time of engagement and had a certiﬁcate of good standing from the relevant professional council at the time engagement.
Subject to applicable law, SECURRA HEALTH will use commercially reasonable eﬀorts to make the Services available to Registered Users 24 hours a day, 7 days a week, except for
i. Planned downtime that will be communicated in advance to Registered Users;
ii.Any unavailability caused by circumstances beyond SECURRA HEALTH’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 labor problems, or internet service provider failures or delays.
iii.When such Service is rendered under a time-schedule, in which case, the obligation of SECURRA HEALTH 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.
iv.When the Registered User is outside the operational coverage of Services.
v.SECURRA HEALTH has no responsibility towards unregistered Users for providing Services.
For the avoidance of doubt, it is hereby clariﬁed that SECURRA HEALTH’ responsibility towards Registered User will be limited to the provision of the Services as per the terms and conditions of the Agreement.
If SECURRA HEALTH suspects any illegal, wrongful, or fraudulent activity on the Application by any User, notwithstanding any other rights SECURRA HEALTH may have against such User, SECURRA HEALTH reserves the right to inform the relevant government or law enforcement authorities.
SECURRA HEALTH will cooperate in all investigative procedures or requests for access / information initiated by any such government or law enforcement authorities.
SECURRA HEALTH 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 Application at its discretion. All Users of its Services will be duly notiﬁed upon release of such newer versions and SECURRA HEALTH reserves the right to automatically upgrade all Users to the latest version of its Services as and when it deems ﬁt.
The Application and Services 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.
SECURRA HEALTH reserves the right to schedule/reschedule/cancel appointments and swap HSPs
at any time without prior intimation.
SECURRA HEALTH reserves the right to refuse Service at any time without providing any reasons. The terms applicable to refund and cancellation are speciﬁed below.
SECURRA HEALTH 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 stored on the Application may be entered by You or by a HSP in the course of services provided by SECURRA HEALTH. 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”).
1.All video-consultations / IM chat consultations/ text messages / audios / videos / transcripts / prescriptions / email and hard copy correspondences between Users, who are patients, and HSPs engaged by SECURRA HEALTH shall be recorded, 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. SECURRA HEALTH may review this data from time to time for quality evaluation purposes. However, under normal circumstances, SECURRA HEALTH will not access any information that identiﬁes You and shall either omit, mask or anonymize Your personal information at the time of quality evaluation.
2.It is hereby clariﬁed that SECURRA HEALTH does not have the obligation to pre-screen or monitor User Content at any time. However, SECURRA HEALTH may elect to monitor any User Content and may modify or remove any User Content from the Application if SECURRA HEALTH determines in its sole discretion that such User Content is in violation of this Agreement or any applicable law and best practices. Where SECURRA HEALTH CONNECT removes any User Content from the Application, SECURRA HEALTH will make reasonable eﬀorts to inform the Registered User who has posted such User Content.
3.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. SECURRA HEALTH 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. SECURRA HEALTH will however not be responsible for any cyber data theft from its Application or the Cloud Service Provider’s/ Storage Service Provider’s databases.
4. If you wish to cancel your account or request that we no longer use your information to provide you Services, contact us through firstname.lastname@example.org or please check your app to access the delete option. We will retain your information for as long as your account with the Services is active and as needed to provide you the Services. We shall not retain such information for longer than is required for the purposes for which the information may lawfully be used or is otherwise required under any other law for the time being in force. After a period of time, your data may be anonymized and aggregated, and then may be held by us as long as necessary for us to provide our Services effectively, but our use of the anonymized data will be solely for analytic purposes. Please note that your withdrawal of consent, or cancellation of account may result in Securra being unable to provide you with its Services or to terminate any existing relationship Securra may have with you.
Note : SECURRA HEALTH shall maintain a detailed transaction & purchase history of Users online. SECURRA HEALTH reserves the right to permanently delete User Content in case the User does not avail a Service for a period of three years.
Your use of this Application 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.
2. You will provide full and accurate information about Your health, medical history and personal care needs.
3. You will strictly adhere to the advice and instructions given by HSPs from time to time.
4. You will not delete or modify any content of the Application 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 SECURRA HEALTH 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 Application.
7. You will not remove any copyright, trademark registration, or other proprietary notices from the Application. You further agree not to access or use this Application in any manner that may be harmful to the operation of this Application or its content.
8. You will not frame or hotlink or deep link any SECURRA HEALTH Content.
9. You will not use the Application and / or Services in any way that is unlawful, or harms SECURRA HEALTH or any other person or entity, as determined in the SECURRA HEALTH’s sole discretion.
10. 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.
11. 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.
I. Grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, libelous, 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.
ii. Harm minors in any way.
iii. Infringe any patent, trademark, copyright, or other proprietary rights(se), violates any law for the time being in force.
iv. Deceive or mislead the addressee about the origin of such messages or communicate any information which is grossly oﬀensive or menacing in nature.
v. Impersonate another person.
vi. Contain software viruses or any other computer code, ﬁles or programs designed to interrupt, destroy, or limit the functionality of any computer resource.
vii. Threaten the unity, integrity, defense, 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 to any other nation.
Without prejudice to the rights that SECURRA HEALTH may have under other provisions of the Agreement, where SECURRA HEALTH has reasons to believe that a User has violated a term or condition of the Agreement, then SECURRA HEALTH shall, in its sole discretion:
1. Suspend the provision of Services; and/or
2. Suspend the account of the User until there is enough information available with SECURRA HEALTH 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 SECURRA HEALTH 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 SECURRA HEALTH as a pre-existing condition to revoke the suspension; and/or
5. Take any such action against the User as it permissible under the 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, as applicable to your use of the services. While SECURRA HEALTH 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 based on the number or duration of the services subscribed to.
It is hereby clariﬁed that unless speciﬁcally included in writing, the services shall not include the cost of medicines or additional tests and procedures such as blood tests, MRIs, CT scan, X-Rays, etc. Where covered, these costs will be charged to you at pre-agreed rates.
You are solely responsible for payment of all taxes, legal compliances, statutory registrations, and reporting. SECURRA HEALTH is in no way responsible for any of the taxes except for its own income tax.
The fees could be paid online through the facility made on the Application. Third parties’ support and services are required to process online fee payment. SECURRA HEALTH is not responsible for any loss or damage caused to a User during this process as these third parties are beyond the control of SECURRA HEALTH.
At the sole discretion of SECURRA HEALTH, the fees could also be paid oﬄine and be either collected personally from the User or required to be mailed to SECURRA HEALTH at the following address: SIPCOT IT Park, Amtex Towers, Plot No H10, Third Main Road, Siruseri, Tamil Nadu 603103.
All fees are exclusive of taxes. The payment process would be considered to be complete only on receipt of the amount to a SECURRA HEALTH -designated bank account.
An invoice for fees against services received by you will be generated periodically and will be intimated to you on the Application. You may be requested to make the payment immediately or on a deferred basis, at the sole discretion of SECURRA HEALTH. In case the fees against services are not received within the requested timeframe, SECURRA HEALTH reserves the right to stop the provision of services on an immediate basis, permanently delete your account and all information stored against your account and suspend or terminate the Agreement. You will be solely responsible for the consequences of non-payment for the fees within the requested timeframe and have no right of recovery in any form against SECURRA HEALTH.
SECURRA HEALTH shall send an intimation of receipt of fee from you through an email within seven working days of receipt of the fee.
ACTIVATION, DELIVERY, REFUNDS & CANCELLATIONS
1.For services that require activation, an executive will get in touch with you within 2 business days of the purchase to help ﬁnish all paper formalities, activate the subscription and deliver all documents to the registered address within 10 business days of online purchase.
2.For any service that involves home visits, we will communicate the availability of the HSP at the time of providing the service. If you wish to reschedule the home visit, you can select a preferred appointment date and time through the Application. While SECURRA HEALTH does not guarantee the availability of appointment date and time, it will try and conﬁrm the appointment as per your preference.
3.For all SECURRA HEALTH services that require delivery, the estimated delivery date shall be provided to you on the Application at the time of placing the order.
REFUND & CANCELLATION POLICY:
For internet-based subscription services, you are free to cancel the service at any time. SECURRA HEALTH shall refund any unexpended advance fees paid by you at the time of cancellation of the service.
In case you wish to seek a refund of the advance paid by you because you do not agree with a modiﬁcation to the Agreement, please write to [info@SECURRA.com]. We will process a refund of the unexpended amount.
The services of SECURRA HEALTH are not a replacement to emergency services provided at hospitals and should not be accessed if the patient is in a critical condition.
In case of an emergency, please contact SECURRA HEALTH’s virtual emergency services and/or rush to the nearest hospital.
REPRESENTATIONS AND WARRANTIES
By using this Application, you hereby represent and warrant that:
1.You are 18 years of age or older and that your use of the Application shall not violate any
applicable law or regulation.
2.Where a minor may access or use the Application or service, you will ensure that such access or use happens through your account and under your supervision. Further, you accept to be accountable and liable for the activity of the minor on the Application, including in respect to the services availed on the Application.
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 Application solely for your personal and
non-commercial use. Any use of this Application or its content other than for personal purposes is prohibited.
SECURRA HEALTH 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 mentioned services and the Application.
2.It has all permits, approvals, and licenses necessary to carry out the services and fulﬁl its obligations hereunder.
3.By entering into this Agreement, SECURRA HEALTH does not violate any of the previous arrangements entered with other entities to which it is a Party.
You understand that there are inherent risks involved in receiving medical services over
a mobile/computer platform, which include:
1.Information transmitted may not be suﬃcient (e.g., poor resolution of images) to allow for appropriate medical decision making by an HSP.
2.Your HSP may neither be able to provide medical treatment to you nor provide for, or
arrange for care that you may require in the case of an emergency.
3.Delays in medical evaluation and treatment could occur due to deﬁciencies or failures of
the Application: security protocols could fail, causing a breach of privacy of your conﬁdential medical information.
4.A lack of access to complete medical records may result in errors in medical judgment.
Note: Users may expect the anticipated beneﬁts from the services provided by SECURRA HEALTH, HSPs and its authorized representatives, but no results can be guaranteed. User’s condition may not be cured or improved, and in some cases, may get worse.
SECURRA HEALTH hereby disclaims any responsibility towards Users in terms of development, maintenance and updation of the Application.
Any modiﬁcation, development, maintenance or updation of Application and any modiﬁcation, transfer, license, or assignment of the rights in the Application shall be done by SECURRA HEALTH as per its sole judgment and in its sole discretion.
The Application and services provided by SECURRA HEALTH are provided “as is,” as available, and without any warranties or conditions (express or implied, including the implied warranties of merchant- ability, 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, SECURRA HEALTH disclaims all liability arising out of the User’s use or reliance upon the Application, the services, the SECURRA HEALTH content, representations and warranties made by SECURRA HEALTH, or any opinion or suggestion given or expressed by SECURRA HEALTH or its contractors and agents (including HSPs).
Speciﬁcally, SECURRA HEALTH 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 Application, or otherwise); or
3.Sudden escalation of a prior medical condition or medical situations that occur on account of omission of critical and material health information by a User.
SECURRA HEALTH assumes no responsibility and shall not be liable for ways in which your personal data is used. It is the responsibility of you alone to ensure that your personal data is used in compliance to the applicable privacy laws.
SECURRA HEALTH 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 Application or the downloading of any material, data, text, images, video content, or audio content from the Application. If a User is dissatisﬁed with the Application, the User’s sole remedy is to discontinue using the Application.
Neither SECURRA HEALTH 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 SECURRA HEALTH or its contractors and agents is proven.
INFORMATION REGARDING HSP AND SERVICES
Information regarding HSP and SECURRA HEALTH services is intended for general reference purposes only. Such information changes frequently and may become out of date or inaccurate. You are encouraged to independently verify any such information you see on the Application with respect to a HSP that you seek to engage with, through the Application.
SECURRA HEALTH DISCLAIMS ANY REPRESENTATION AND/OR WARRANTY FOR THE SECURITY, RELIABILITY, QUALITY, TIMELINESS, AND PERFORMANCE OF (I) THE Application AND ITS FEATURES; (II) HSP INFORMATION ON THE Application; (III) ANY SERVICE INFORMATION, CONTENT OR ADVICE AVAILABLE ON OR RECEIVED THROUGH THE Application (IV) ACCESS TO OR ALTERATION OF User CONTENT OR SECURRA HEALTH CONTENT (V) TRANSMISSIONS OR DATA AND (VI) ANY OTHER MATTER RELATING TO THE Application AND / OR SERVICES.
SECURRA HEALTH MAKES NO WARRANTY OR REPRESENTATION THAT ANY ERRORS IN THE Application WILL BE CORRECTED EXCEPT AS REQUIRED BY LAW.
SECURRA HEALTH ASSUMES NO RESPONSIBILITY AND/OR LIABILITY WITH RESPECT TO ANY INFORMATION WHICH YOU OR A HSP MAY POST ON THE Application AND YOU ARE SOLELY RESPONSIBLE FOR SUCH User CONTENT POSTED ON THE SITE.
YOU AGREE THAT THE OPEN AND REAL-TIME NATURE OF THE PLATFORM MAKE IT IMPOSSIBLE FOR SECURRA HEALTH TO VOUCH FOR THE VALIDITY, AUTHENTICITY AND HONESTY OF User CONTENT. SECURRA HEALTH IS NOT RESPONSIBLE FOR ANY User CONTENT ON THE Application, OR FOR THE CONSEQUENCES OF YOU READING OR RELYING ON SUCH CONTENT.
SECURRA HEALTH 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 Application OR NOT.
SECURRA HEALTH SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY BREACH OR LOSS OF DATA INCLUDING PERSONAL INFORMATION CAUSED DUE TO EVENTS BEYOND THE CONTROL OF SECURRA HEALTH DUE TO TECHNICAL REASONS OR THIRD-PARTY ACTIONS.
LIMITATION OF LIABILITY
To the fullest extent permitted by law, in no event will SECURRA HEALTH 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 Application or the Services, materials and functions related thereto whether or not SECURRA HEALTH 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 a 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 a User’s use of the Application exceed, in the aggregate, INR 5000 or the amount of payment against services that has been directly received by SECURRA HEALTH from the User in the past three months for SECURRA HEALTH services, whichever is lower.
You hereby agree to indemnify, defend, and hold SECURRA HEALTH, SECURRA HEALTH’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 Application 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 a User has breached the Agreement in SECURRA HEALTH’s sole judgment or when SECURRA HEALTH is unable to verify or authenticate any information provided by the User to SECURRA HEALTH, or when the User fails to provide the consents necessary or desirable for SECUR- RA to provide the Services (or after providing such consent, later revokes), SECURRA HEALTH reserves the right to suspend and / or terminate the User’s account and/or access to the Application by blocking Your IP address or email id with or without notice to the User. Any suspected illegal, fraudulent or abusive activity may be grounds for suspending and / or terminating a User account and/or User access to the Application and/or services. Upon suspension or termination, Your right to use the features on the Application including services shall immediately cease and SECURRA HEALTH may permanently remove or delete your information that is available with SECURRA HEALTH, including but not limited to login and account information.
SECURRA HEALTH shall not be liable to the 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 SECURRA HEALTH in connection with such account termination or suspension.
Once the User’s account has been temporarily or indeﬁnitely suspended or terminated, the User may not continue to use the Application under the same account, a diﬀerent account or re-register under a new account.
This Agreement will remain in full force and eﬀect while you use the Application in any manner or capacity.
You can terminate his/her/its relationship with SECURRA HEALTH at any time by providing 90 (ninety) days’ prior written notice to info@SECURRA.com We need this period to inactivate User account, only after verifying if there are any ongoing or pending services. SECURRA HEALTH may require the User to continue until the completion of an on-going service should the situation warrant.
SECURRA HEALTH may terminate its relationship with you after providing 30 (thirty) days’ prior written notice to your registered email address. However, it does not prejudice SECURRA HEALTH’s right to refuse service to you without providing any reason.
SECURRA HEALTH may terminate the Agreement without notice and with immediate eﬀect where, in
the sole opinion of SECURRA HEALTH:
1.Any material particular 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 timeframe; or
5.User fails to co-operate with HSPs or SECURRA HEALTH; or
6.HSPs and/or other SECURRA HEALTH resources are no longer adequate, available and/or suitable to accommodate User’s health requirements.
APPLICABLE LAW, JURISDICTION OF COURTS AND DISPUTE RESOLUTION
The information provided under this Application and the terms and conditions therein are governed by and to be interpreted in accordance with Laws of India.
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 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 . Subject to the aforesaid, the competent courts of 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.
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 events the Agreement shall be interpreted 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.
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 SECURRA HEALTH: : 28 Liberty St 6th Floor, New York, NY 10005, USA.
If to You: At the email address provided by you to us when you registered as a User. If you are a 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.
i.Complete understanding: The Agreement contains 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.
ii.Force Majeure: SECURRA HEALTH shall not be liable for any downtime or delay, or unavailability of the Application caused by circumstances beyond SECURRA HEALTH’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 labor problems, internet service provider failures or delays, or denial of service attacks.
iii.Advertisement: SECURRA HEALTH 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 Application.
iv.Assignment: You may not assign or sub-license, without the prior written consent of SECURRA HEALTH, the rights, duties, or obligations under this Agreement, in whole or in part, to any person or entity.
vi.Survival: Even after termination, the provisions of the Agreement with respect to limitation of liability, indemnity, intellectual property, and dispute resolution will continue and survive termination.
SECURRA HEALTH reserves the right to modify any part of the Agreement at any time without giving you prior notice. No part of the Agreement shall stand modiﬁed unless consented to in writing by SECURRA HEALTH.
When SECURRA HEALTH updates the Agreement, we will send an email to you on your registered email id which will intimate you of the changes. Alternatively, SECURRA HEALTH may log you off your account and make your subsequent account log-in conditional on acceptance of the Agreement.
Note: If ‘You” do not agree to the changes, please do not access, or use the Application and the services any further.
CONSENT FORM FOR SECURRA HEALTH VIRTUAL EMERGENCY SERVICES
I, hereby voluntarily consent to being onboarded on the SECURRA HEALTH VES platform and I have fully understood the terms and conditions of using the same.
I further consent to SECURRA HEALTH following their standard operating procedures and their best professional judgement in the event of any medical emergency call. Emergency calls refer to those which I or my emergency contacts have initiated, or which has been initiated automatically through SECURRA HEALTH’s remote patient monitoring devices I am using and have already consented with.
I fully understand that the outcome of these emergency calls to VES may include any one or more of the following:
– Speaking to a member of the SECURRA HEALTH VES team so that they can validate the authenticity of my medical emergency call.
– Allowing SECURRA HEALTH to alert my emergency contact regarding my emergency call.
– Allowing my insurance provider and primary physician to be alerted by SECURRA HEALTH about my emergency call.
– Allowing a hospital near me to be informed of my condition and potentially assisting with coordinating ambulance services where applicable, during operational hours.
– Being directed to a hospital or offered the contact details of hospitals near me where applicable.
– Being directed to SECURRA HEALTH Connect or SECURRA HEALTH lab or any other services where and if necessary.
Furthermore, I give my permission to SECURRA HEALTH VES to give me/my emergency contact suggestions or choose a course of action keeping my best interests in mind. However, I acknowledge that no guarantees have been made to me regarding the outcomes of the emergency calls to SECURRA HEALTH VES. I also acknowledge that I or my emergency contacts take full responsibility to make informed decisions as to the course of action to be followed in case of a medical emergency, irrespective of what SECURRA HEALTH VES has suggested.
I fully understand and agree that SECURRA HEALTH is a technology platform that will not provide any medical assistance in any situation and that they are not liable for any outcome as situations or circumstances may be beyond their control in case of an emergency.
I understand that SECURRA HEALTH VES will only act as an adjunct to existing medical emergency services provided by healthcare institutions and not replace this at any given time.
SECURRA HEALTH MONITOR (REMOTE PATIENT MONITORING)
Patient Consent and Authorization
SECURRA HEALTHMONITOR, a Remote Patient Monitoring System is a digital technology platform to collect your health data outside of a clinical setting (for example, while you are at home or at work) and transmit that data to your healthcare provider for evaluation. The type of health data collected may include weight, blood pressure, and other physiological data that can help your physician or other healthcare provider to monitor your health and make treatment recommendations.
By signing this Consent Form, I hereby consent to SECURRA HEALTH (the “Provider”) providing Remote Patient Monitoring (RPM) services (the “RPM Services”) to me and agree to the following
★ Your physician or other healthcare provider has explained to you what RPM means, the type of health data that will be collected, and how it will be used in your care.
★ You are aware that your health data will be collected and transmitted digitally from an SECURRA HEALTHMonitor to your Physician in a safe and secure manner to maintain the confidentiality of your healthcare information.
★ You will not transmit or allow the transmission of the health data of any individual other than your own.
★ You will not intentionally tamper with any RPM device used in connection with your RPM services.
★ SECURRA HEALTHMonitor is not responsible for inaccuracies in the health data transmitted.
★ You consent to the use of SECURRA HEALTH Monitor as part of your care and treatment
★ You have the right to withdraw this consent at any time.
★ RPM services are NOT emergency services, and your data WILL NOT BE MONITORED 24/7. If you think you are experiencing a medical emergency, you can contact your physician or any nearby healthcare provider or VER for assistance.
★ The Medical Devices obtained from SECURRA HEALTH are to be used solely in connection with the RPM Services and associated RPM program not for any other purpose or use.
★ The SECURRA HEALTHMonitor, Remote Patient Monitoring (RPM) system used by you, including the Patient application that you will download on your personal smartphone and the associated Medical Devices are not a replacement for usual healthcare; they are meant to assist you remotely for long term care and health coaching.
★ The length of time you are on the RPM program will be determined by SECURRA HEALTH at its sole discretion and you may be removed from the RPM program at any time.
★ Your data and medical information obtained from your participation in the RPM program may/may not be considered part of your patient record but may be shared with other health care professionals to enhance your care and you authorize such professional disclosure. Your data and information will be securely transmitted data and reviewed at the clinician’s discretion. You will comply with the RPM program clinical expectations and if you don’t, you may be removed from the RPM program.
Remote Patient Monitoring Consent form
I acknowledge that you have read and understand Terms and conditions and I consent to receive RPM services from SECURRA HEALTHMonitor
I confirm that to proceed for availing SECURRA HEALTH Monitor RPM services hereafter
In the event that the patient is unable to give consent due to mental or other capacity issues, the relative, or carer who has Lasting/Durable Power of Attorney for health and welfare responsibility, may give consent if deemed to be in the best interest of the patient. In these instances, the carer/relative should sign below.
Relationship to Patient: