TERMS OF USE
1. Background
1.1 This document is an electronic record in terms of (i) Information Technology Act, 2000; (ii) the rules framed there under as applicable; and (iii) the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
1.2 This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and terms of use for access or usage of Our mobile application Pivotal ("Application").
1.3 The Application is owned, registered and operated by Copious Healthcare Inc., Delaware Corporation ("Company"), having its place of business at 39111, Paseo Padre Pkwy, STE 313, Freemont, CA, 94538, USA
1.4 These terms of usage ("Terms of Use") read along with the Privacy Policy constitute a legal and binding agreement between you and the Company and govern Your use of the Application and Services (as defined below) provided through the Application. By using the Application, or by using any content or information provided as part of the Application/Services, You shall be deemed to have read, understood and accepted to be bound by these Terms of Use.
1.5 For the purpose of these Terms of Use, wherever the context so requires "You", "Your", "User" or "Customer" shall mean any natural or legal person who uses the Application for availing the Services. The term "We", "Us", "Our" shall mean the Company.
1.6 We reserve the right to make changes to these Terms of Use at any time. Any such modifications will become effective immediately upon posting to the Application and Your continued use of the Application, and/or the Services constitutes Your agreement to such modifications. You agree to periodically review the current version of these Terms of Use as posted on the Application.
2. User Account
2.1 In order to access or use the Application, You must be a registered medical practitioner, registered with the Medical Council of India and the relevant State Medical Councils and have the requisite power and authority to enter into these Terms of Use. You may not access or use the Application if We have previously banned You from the Application or closed Your account.
2.2 The Application will have two levels of subscription, viz., (i) paid; and (ii) free. You may use the Application and avail the Services offered by the Company through the Application for free as a guest user ("Guest Users") or You may subscribe to the paid Services available on the Application ("Members").
2.3 You may register on the Application by providing certain basic information such as Your first name, last name, your registration number, mobile number and email address ("Questionnaire"). We reserve the right to make changes to the questions in the Questionnaire at any point and such changes will be notified to You via e-mail or on the Application. You may also register on the Application using a third party website or portal such as Google and Facebook.
Upon registration, You will be provided with an account ("User Account") and an account tab on the Application. You may amend/change Your information associated with Your User Account, by logging into Your User Account on the Application. The manner in which we collect, use, store or disclose Your personal information and sensitive personal information collected on the Application, if any, has been outlined in our Privacy Policy available here.
2.4 You shall be responsible for maintaining the confidentiality of Your username, account password and You shall be responsible for any and all activities that occur in connection with Your User Account. Under no circumstances shall the Company be liable for any loss or damage arising from Your failure to comply with this clause.
2.5 While creating Your User Account, You agree to provide complete and accurate information about Yourself. You may not impersonate any third party to create or use an account for anyone other than Yourself OR provide an email address, or registration number other than Your own OR create multiple accounts.
2.6 You shall not allow: (a) any other person to share Your User Account; (b) any part of the Application being cached in proxy servers and accessed by individuals who have not registered as Users of the Application; and (c) access to the Application through a single account and password being made available to multiple users on a network.
3. Services
3.1 The Application shall publish growth charts for new-born babies and infants based on published data that has been used with permission from the World Health Organization, Intergrowth 21 and Indian Academy of Paediatrics.
3.2 The Application allows you to keep a record all your patients by allowing you to store information about their vitals at the time of their birth, and during every subsequent visit by them and compare the same against the minimum and maximum recommended vitals in accordance with the data published by the World Health Organization, Intergrowth21 and the Indian Academy of Paediatrics.
3.3 The Application further allows you to access the record of any of your patients at any time for your ease of reference and helps you to keep a track of their recovery.
4. Intellectual Property Rights
4.1 Copyright
4.1.1 All content included on the Application and delivered to Users as part of the Services, including but not limited to the text, articles, photographs, images, illustrations, info-graphics, video material, audio material, and software used on or incorporated into the Application, is the property of the Company, and is protected by the applicable intellectual property laws. The compilation of all content on this Application is the exclusive property of the Company. You agree not to decompile, reverse engineer or disassemble any content accessible through the Application, not to insert any code or product or manipulate the content of the Application in any way that affects the User's experience, and not to use any data mining, data gathering or extraction method. We reserve the right to terminate our engagement if We, in our sole and absolute discretion, believe that You are in violation of this clause.
4.1.2 The Company's content available on or via the Application, are provided to You "as is" for Your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the Company. The Company reserves all rights, not expressly granted in and to the Application.
4.2 Trademarks
Pivotal is the trademark of the Company. The Application, including, but not limited to its text, graphics, logos, the names ‘Copious Healthcare' and ‘Pivotal' along with the button icons, images, scripts and service names constitute trade marks/trade dress of the Company. The trademarks and trade dress of the Company shall not be used in connection with any product or service that is not affiliated with the Company in any manner that is likely to (a) cause confusion among Users or potential Users; or (b) dilute the rights of the Company; or (c) to disparage or discredit the Company.
5. Pricing and Payment
5.1 The Application offers a subscription based model for Services. Please note that the prices and Services may change at the sole discretion of the Company.
5.2 You understand, accept and agree that We will be using the services of a third-party payment gateway service provider in order to help facilitate payments through the Application. You acknowledge that You will also be bound by the terms and conditions specified by such payment gateway service provider. We do not collect any information regarding your debit/credit card or net banking details used on the payment gateway. The payment facility provided by Us, is neither a banking nor financial service. You further agree that, while availing any of the payment options as specified above, We will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to: (a) lack of authorization for any transactions; or (b) any payment issues arising out of the transaction; or (c) Decline of such transaction for any reason.
6. User Feedback/Comments/Suggestions
6.1 We encourage Users to submit/ post/ share their comments/ suggestions/ opinions/ feedback etc. ("User Feedback") with Us.
6.2 The User agrees and acknowledges that:
(a) The User Feedback does not contain any confidential information or is not in violation of any third party right including intellectual property rights;
(b) The User Feedback shall not be unlawful, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or is otherwise inappropriate as under Applicable Law.
(c) We are not under any obligation of confidentiality, express or implied, regarding the User Feedback;
(d) We reserve the right to use or disclose such User Feedback for any purpose, in any way, as We deem fit;
(e) We are not obligated to review the User Feedback; and
(f) We reserve the right to reject, remove, delete or edit such User Feedback, at any time, without any reason, without providing any notice.
7. Limitation and Disclaimer of Warranty
7.1 The Company publishes the growth chart on the Application on the basis of the data it has obtained from the World Health Organization, Intergrowth 21 and the Indian Academy of Paediatricians and the Company makes no claim about the accuracy of such data. You rely on such information at Your own risk.You should double-check all data referenced on this Application by examining the sources cited.
7.2 The Application, the Services and each portion thereof are provided "as is" without warranties of any kind either express or implied. To the fullest extent possible pursuant to Applicable Laws of India, We disclaim all warranties, express or implied, with respect to the Application and the Services and each portion thereof, including, but not limited to, accuracy of the data sourced from the World Health Organization, Intergrowth 21 and and the Indian Academy of Paediatricians and used to create the growth charts. Any error of the sourced data and the resultant error in the growth chart shall not be attributable to the Company and You shall not make a claim for any loss, if any, on account of Your reliance on the growth chart and the sourced data that is used to develop it.
For the purpose of this Terms of Use, "Applicable Law" shall mean, any statute, law, regulation, ordinance, rule, judgment, notification, rule of common law, order, decree, bye-law, government approval, directive, guideline, requirement or other governmental restriction, or any similar form of decision of, or determination by, or any interpretation, policy or administration, having the force of law of any of the foregoing, by any authority in India having jurisdiction over the matter in question, whether in effect as of the date of these Terms of Use or thereafter.
7.3 Under no circumstances shall the Company or any others involved in creating this Application and its contents be liable for any damages or injury, including any direct, indirect, incidental, special, consequential, punitive or other damages resulting from any circumstance involving this Application or its contents (including but not limited to damages or injury caused by error, omission, interruption, defect, failure of performance, misdirected or redirected transmissions, failed internet connections, unauthorized use of this Application, lost data, delay in operation or transmission, breach of security, claim arising out of any patient not satisfied with the services provided by the User of the Application, line failure, defamatory, offensive or illegal conduct of any user of this Application, or computer virus, worm, trojan horse or other harmful component), even if You have advised the Company in advance of the possibility of such damage.
7.4 The Company does not warrant or make any representations regarding the growth charts and other information on this Application in terms of their timeliness, correctness, accuracy, reliability, or otherwise. While the Company makes reasonable efforts to provide accurate and timely information on this Application, You should not assume that the information provided is always up-to-date or that this Application contains all the relevant information available. We undertake no obligation to verify or maintain the currency of such information.
7.5 If You are dissatisfied or harmed by this Application or anything related the Application, You may terminate these Terms of Use in accordance with Clause 9 below.
7.6 The Company does not guarantee that the Application will function without interruption or errors in functioning. In particular, the operation of the Application may be interrupted due to maintenance updates, or system or network failures. In the event of interruption in accessing the Application due to the above mentioned reasons, the Company shall inform the User of the same, and the Company disclaims all liability with respect to delay in provision of Services due to the same.
8. Indemnification
You agree to indemnify, defend and hold harmless the Company, and Our affiliates, officers, partners, employees, consultants and representatives, from and against all losses, expenses, damages, costs, claims and demands, including reasonable attorney's fees and related costs and expenses, due to or arising out of: (a) Your failure to comply with these Terms of Use; or (b) where any information You submit, email, or otherwise transmit to Us violates third party rights or applicable laws; or (c) any claim from any of Your patient who is not satisfied with the medical services provided by You. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by You, and in such case, You agree to fully cooperate with such defence and in asserting any available defences.
9. Termination
9.1 The Company may terminate these Terms of Use immediately without notice in the event of any breach by You of these Terms of Use or any of our applicable policies, as posted on the Application from time to time or upon a misuse of the Services by You.
9.2 You may terminate these Terms of Use, for any or no reason, at any point in time. You acknowledge that for the Services already availed by You, these Terms of Use will continue to apply.
9.3 In the event of any termination or expiration of these Terms of Use, the following sections of these Terms of Use shall survive: all provisions regarding ownership of intellectual property, indemnification, disclaimer of warranties and limitations of liability, and the provisions of this section.
9.4 You agree that upon the termination of these Terms of Use, We may delete all information related to You with respect to the Services availed by You including the patient data submitted on your User Account.
10. Severability
If any part of the Terms of Use are determined to be invalid or unenforceable pursuant to applicable laws of India, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect.
11. General
Unless otherwise specified herein, these Terms of Use constitute the entire agreement between you and the Company in respect of the Application and supersedes all previous written and oral agreements between you and the Company, if any. The Company's failure to act with respect to a breach by You or others does not waive its right to act with respect to subsequent or similar breaches.
12. Governing Law and Dispute Resolution
These Terms of Use shall be governed by and constructed in accordance with the applicable laws of India without reference to conflict of laws principles. The courts in Pune, India shall have the exclusive jurisdiction to determine any disputes arising in relation to, or under these Terms of Use.
13. Grievance Officer
In accordance with the Information Technology Act, 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
Name: ASHOK GAPCHUP
Address: 39111, Paseo Padre Pkwy, STE 313, Freemont, CA, 94538, USA
