Terms & Conditions

Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE:

These terms of use (together with the documents referred to in it) (“Terms”) are the terms on which you may make use of our product websites (“Websites”), whether as a guest or a registered user. Use of the Websites includes accessing, browsing, or registering to use the Websites. Please read these Terms carefully before you start to use the Websites. We recommend that you print a copy of this for future reference.

By using the Websites, you confirm that you accept these Terms and that you agree to comply with them.

If you do not agree to these Terms, you must not use the Websites. If you do not agree with any amendments made by to these Terms at any time in future, you must stop using the Websites with immediate effect.

OTHER APPLICABLE TERMS

These Terms refer to, incorporate, and include the following additional terms, which also apply to your use of the Websites:

  • Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the Websites, you consent to such processing and you warrant that all data provided by you is accurate.
  • Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of the Websites. When using the Websites, you must comply with this Acceptable Use Policy.
  • Our Cookie Policy, which sets out information about the cookies on the Website.

ABOUT US

The Website is operated by Brainpan Innovations Private Limited (the “Company”) incorporated under Indian Companies Act, 2013 with registered office at B-51 Mandir Marg Mahanagar Extension, Lucknow, Uttar Pradesh.

We provide electronic health record services, predictive analysis and health risk assessment services (“Services”) on the Websites.

Any reference to “you” or “your” refers to you as a user of the Websites and the Services and any reference to “we”, “our” and “us” shall refer to the Company as the provider of the Services.

CHANGES TO THESE TERMS AND SERVICES

We may revise these Terms at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you.

We may, without prior notice, change the Services; add or remove functionalities or features; stop providing the Services or features of the Services, to you or to users generally; or create usage limits for the Services.

CHANGES TO THE WEBSITES

We may update the Websites from time to time, and may change the Content at any time. In these Terms, the term “Content” means any information including health related information, text, graphics, or other materials uploaded by the users of the Websites, including you, and which may appear on the Websites for other users to access. However, please note that any of the Content on the Websites may be out of date at any given time and we are under no obligation to update it.

We do not guarantee that the Websites, or any Content on them, will be free from errors or omissions.

ACCESSING THE WEBSITE

We do not guarantee that your use of the Websites, or any Content on it, will always be available or be uninterrupted. Access to the Websites is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Websites without notice. We will not be liable to you if for any reason the Websites is unavailable at any time or for any period.

You are also responsible for ensuring that all persons who access the Websites through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.

YOUR ACCOUNT AND PASSWORD

If you choose to register with us, an account will be created for your use (“Account”) on the Websites and you will be provided with required Account Information to enable your access to the Account. The term “Account Information” refers to a user identification code, password or any other piece of information which may be provided to you as part of our security procedures. If you access the Websites after logging into any third party website like Facebook, Twitter or Gmail, the login information of such third party account, as the case may be, shall be considered as the Account Information. You must always treat Account Information as confidential and must not disclose it to any third party. Any access to the Websites through your Account shall be considered an access by you or on your behalf and you shall be solely responsible for any activity carried out in, by or through your Account either on the Websites or any other Websites accessed by you through the Websites.

You represent and warrant that if you are an individual, (i) you are over eighteen years of age and (ii) you are of age as required to enter into a binding contract as is prescribed under the laws of the country in which you reside, or (iii) that if you are registering on behalf of an entity, that you are authorized to enter into, and bind the entity to, these Terms and register for the Services, in accordance with the laws of the country in which you reside. Any person under the age of eighteen (18) years accessing the Website should do so only under parental guidance. If we change the eligibility criteria to be registered with the Website and you no longer comply with the new eligibility criteria, as determined by us in our sole discretion, you accept that we may close your Account without any liability for us. You are solely responsible for ensuring that these Terms are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms or use of the Services is prohibited and, in such circumstances, you agree not to use or access the Websites or Services in any way.

We have the right to disable your use of the Account Information or any part of it, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.

If you know or suspect that anyone other than you knows or has unauthorized access to your Account Information or any part of it, you must promptly notify us by sending us an e-mail at aparnaa.jain@brainpan.co. We are not liable for any losses or other consequences of unauthorized use of your account.

USER RESPONSIBILITIES

These Terms govern your behaviour on the Websites and set forth your obligations. You agree and confirm to the following responsibilities:

  • You shall comply with all the obligations set forth in these Terms.
  • You will use the Services rendered by us for lawful purposes only and comply with these Terms and all applicable laws and regulations while using and transacting on the Websites.
  • Creation and maintenance of all Content in your account shall be your sole responsibility.
  • You are responsible for safeguarding the password that you use as a part of your Account Information to access the Services and for any activities or actions under your Account. We encourage you to use “strong” passwords preferably using a combination of upper and lower case letters, numbers and symbols with your Account. The Company will not be liable for any loss or damage arising from your failure to comply with this instruction.
  • Provide us with only such information that is true and accurate to the best of your knowledge.

PAYMENT TERMS

The most of the Websites is made available free of charge.

INTERACTIVE SERVICES

We may from time to time provide interactive services on the Websites, including, without limitation:

  • Chat rooms
  • Bulletin boards

We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on the Websites, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on the Website, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our Content standards, whether the service is moderated or not.

The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool-proof. Minors who are using any interactive service should be made aware of the potential risks to them.

INTELLECTUAL PROPERTY RIGHTS

We are the owner of the Websites. However, the ownership of Content is with the creator of that specific Content. The Company does not have any ownership rights on the Content available on the Websites.

We are the licensee of all copyrights, trademarks, service marks or any other intellectual property in the Content published on the Websites. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from the Website for your personal use and you may draw the attention of others within your organisation to Content posted on the Websites.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

You must not use any part of the Content on the Websites for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of the Websites in breach of these Terms, your right to use the Websites will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

NO RELIANCE ON INFORMATION

The Content on the Websites is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain specialist advice before taking, or refraining from, any action on the basis of the content on the Websites. The information provided through Services by us is not a substitute for professional medical care by a qualified doctor or other health care professional. We are not responsible or liable, directly or indirectly, for any form of damages whatsoever resulting from the use (or misuse) of such information.

We display some content that is not ours. This Content is the sole responsibility of the person/entity who makes it available. We may review Content to determine whether it is illegal or violates our policies, and we may remove or refuse to display Content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review Content, so please don’t assume that we do.

We assume no responsibility for the content of websites linked on the Websites. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

Although we make reasonable efforts to update the information on the Websites, we make no representations, warranties or guarantees, whether express or implied, that the Content on the Websites is accurate, complete or up-to-date.

DISCLAIMER OF WARRANTIES

You expressly acknowledge and agree that use of the Services and the Websites is at your sole risk. The Services and the Websites are provided on an “as is” and “as available” basis. Although we make best efforts to procure high quality Services to all our users, to the fullest extent allowed by law, we expressly disclaim all warranties and conditions of any kind, whether express or implied, including, but not limited to the warranties of merchantability or fitness for a particular purpose. The contents of the Services or the Websites may contain bugs, errors, problems or other limitations. We assume no liability or responsibility for any errors or omissions in Content.

We are not responsible for the Content uploaded by you on the Websites. We are not responsible for any direct or indirect damages or losses caused to you, including without limitation, lost profits, business interruption or other loss resulting from use of or reliance in any way on anything available on the Websites or provided. It is solely your responsibility to evaluate the accuracy, reliability, completeness and usefulness of Content available on the Websites that is used by you.

We make no warranty that the Services or Websites will meet your requirements or that the Services or your access to the Websites will be uninterrupted, timely, accurate or reliable; nor do we make any warranty as to any information that may be obtained through the Services or Websites. In case there is any defect in any software being used for the provision of the Services, we do not make any warranty that defects in such software will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through use of the Services or Websites is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material or data.

No advice or information, whether oral or written, obtained by you from the Services or Websites or through the Service(s) or Websites shall create any warranty not expressly made herein.

VIRUSES

You will be responsible for introduction of any viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Websites, the server on which the Websites is stored or any server, computer or database connected to the Websites. You must not attack the Websites via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Information Technology Act, 2000. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Websites will cease immediately.

We will not be liable for any loss or damage caused by a virus, denial-of-service attack, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Websites or your downloading of any Content on it, or on any websites linked to it.

You should use your own virus protection software. We cannot and do not guarantee or warrant that files available for downloading from the Websites will be free of infection by viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties.

LIMITATION OF OUR LIABILITY

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Websites or Service or any Content on it, whether express or implied.

We will not be liable to any user for any direct, indirect or consequential loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • use of, or inability to use, the Website or the Services; or
  • use of or reliance on any Content displayed on the Websites.

If you are a business user, please note that in particular, we will not be liable for:

  • loss of profits, sales, business, business opportunity or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or

Please note that we only provide the Websites for domestic and private use. You agree not to use the Websites for any commercial or business purposes without obtaining a legally valid license to do so in accordance with these Terms.

ELECTRONIC COMMUNICATIONS

When you visit our Websites or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Websites. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that in case there are any changes in any information provided by you to us, including your e-mail address and other contact details, you will be solely responsible to update them regularly. If we send any communication by e-mail, it shall be sent to your e-mail address available on the records created by you on the Websites and it shall be deemed to have been received by you once it is reflected as sent in the outbox of our e-mail id. You may cancel your account at any time by sending us an email at aparnaa.jain@brainpan.co.

UPLOADING CONTENT TO THE WEBSITE

Whenever you make use of a feature that allows you to upload Content to the Websites, or to make contact with other users of the Website, you must comply with the content standards set out in our Acceptable Use Policy.You warrant that any such Content added by you does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. You will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any Content you upload to the Websites will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your Content, but you are required to grant us a limited licence to use, store and copy that Content and to distribute and make it available to third parties. The rights you licence to us are described in the next clause (Rights you licence).

We also have the right to disclose your identity to any third party who is claiming that any Content posted or uploaded by you to the Websites constitutes a violation of their intellectual property rights, or of their right to privacy.

We will not be responsible, or liable to any third party, for the Content or accuracy of any Content posted by you or any other user of the Websites.

We have the right to remove any posting you make on the Websites if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.

The views expressed by other users on the Websites do not represent our views or values.

RIGHTS YOU LICENCE

When you upload or post Content to the Websites, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).

You agree that this license includes the right for us to make your Content available to others for publication, distribution, syndication, or broadcast of such Content on other media and services, subject to these Terms. Such additional uses by us or others may be made with no compensation paid to you with respect to use as mentioned.

We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.

Additionally, by uploading Content to the Websites, you warrant, represent and agree that you have the right to grant us the licenses described above.

LINKING TO THE WEBSITES

If you choose to authenticate your account through a third party service, like Twitter or Facebook, you are linking that account to your Account.

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to the Websites in any website that is not owned by you.

The Websites must not be framed on any other site, nor may you create a link to any part of the Websites other than the home page.

We reserve the right to withdraw linking permission without notice.

The Websites in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.

If you wish to make any use of Content on the Websites other than that set out above, please send us an e-mail at aparnaa.jain@brainpan.co.

INDEMNIFICATION

To the maximum extent permitted by applicable law, you shall indemnify and hold harmless the Company, its owners, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of your breach of these Terms, or your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.

RELEASE AND WAIVER

To the maximum extent permitted by applicable law, you hereby release and waive all claims against the Company, and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature, arising from or in any way related to your use of our Websites. You understand that any fact relating to any matter covered by this release may be found to be other than now believed to be true and you accept and assume the risk of such possible differences in fact. In addition, you expressly waive and relinquish any and all rights and benefits which you may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.

If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

APPLICABLE LAW

Please note that these Terms, its subject matter and its formation, are governed by the laws of the Republic of India. The courts of [New Delhi] will have exclusive jurisdiction to deal with any dispute arising out of or in connection with these Terms or any other terms and conditions made applicable on you by us and you consent to the jurisdiction and venue of such courts and waive any objection as to inconvenient forum.

TERMINATION

We reserve the right to refuse to continue providing you with access to our Websites if we discover that you are incompetent to contract by virtue of your age or otherwise under applicable law. Our Websites are not available to persons whose membership has been suspended or terminated by us for any reason whatsoever. In case, you choose to access this Website from any jurisdiction not governed by the laws of India, you are solely responsible for compliance with local laws of that jurisdiction and all applicable laws.

Website Security and grievance officer

This website stores all data with the [Google Cloud Platform] provided by [Google Inc.] which may store this data on its servers located outside of India. [The Google Cloud Platform] has security measures in place to protect the loss, misuse and alteration of the information. These measures adopted by the [Google Cloud Platform] and certain additional measures adopted by us are detailed in the Manual of Data Security Practices and Procedures. You acknowledge you have reviewed and understood the Manual of Data Security Practices and Procedures and that these are reasonable security practices and procedures that are commensurate with the information assets being protected. You also acknowledge that the standards followed by [the Google Cloud Platform] are not within control of the Company and are liable to change from time to time. You agree that it is in your interest to review from time to time the security standards, practices and policies adopted by the [Google Cloud Platform] to confirm that there are no changes that you are not comfortable with.

[Google Inc.] can be contacted at the following address:

Google Incorporation

1600 Amphitheatre Parkway, Mountain View, CA 94043, USA

Telephone: +1 650 253 0000

Fax: +1 650 253 0001]

In accordance with Information Technology Act, 2000 and Information Technology (Intermediaries Guidelines) Rules, 2011 made there under, the name and contact details of the Grievance Officer are provided below:

Name: Ms. Aparnaa Jain or Mr. Saurabh Singh

Address: B-51 Mandir Marg Mahanagar Ext, Lucknow – 226006, U.P., India

Phone: +91 – 961 664 2421

Email: aparnaa.jain@brainpan.co or saurabh.singh@brainpan.co

Timings: 8.00 a.m – 6:00 p.m (IST) Monday – Friday

If you come across any abuse or violation of these Terms, please report to aparnaa.jain@brainpan.co.

GENERAL TERMS

Relationship of the Parties: Notwithstanding any provision hereof, for all purposes of the Terms, you and the Company shall be and act independently and not as partner, joint venturer, agent, employee or employer of the other. You shall not have any authority to assume or create any obligation for or on behalf of the Company, express or implied, and you shall not attempt to bind us to any contract.

Invalidity of Specific Terms: If any provision of the Terms is found by a court of competent jurisdiction to be invalid, other provisions of such the Terms shall remain in full force and effect.

CONTACT US

For general enquires, complaints and/or giving any feedback, please email to aparnaa.jain@brainpan.co.

In case you do not want to continue using our Services and want to deactivate your account with us, please contact is at aparnaa.jain@brainpan.co.

If you do not agree with any provision of these Terms and wish to opt out of such provision, please write to us at aparnaa.jain@brainpan.co (“Opt-out Request”). You agree that you are not entitled to use our Websites or the Services unless your Opt-out Request is accepted by us in writing.      

 

THANK YOU FOR VISITING US.