Rivaara Labs Pvt Ltd. (“Company” or “we” or “us” or “our”) understands that your privacy is important to you and that you care about how your personal information is used and shared online. We respect and value the privacy of everyone who visits our website (https://rivaaralabs.demopage.org.in/)and any associated mobile application (collectively “Site”) and will only collect and use personal information in ways that are described here, and in a manner that is consistent with our obligations and your rights under the applicable laws in India.
This section contains the Privacy Policy of our Site. Please read this Privacy Policy carefully and ensure that you understand it. By using our Site and any of its pages, you and the entity you are authorised to represent (“you” or “your” or “User”) agree to and shall abide by all of the terms and conditions set forth below which shall be binding on you, your successors and / or assigns. If you do not agree to any of the terms and conditions of this Privacy Policy mentioned herein, you are advised not to use our Site. This privacy policy applies to the Site and all products and services offered by the Company in association with the Site.
By mere use of our Site, you expressly consent to our use and disclosure of your personal information in accordance with this Privacy Policy. This Privacy Policy is incorporated into and subject to the Terms and Conditions of User Agreement available at [insert link].
In furtherance of our efforts to protect your privacy, the Company and this Privacy Policy are in compliance with the Information Technology Act, 2000 and the rules formulated thereto.
- WHAT DOES THIS POLICY COVER?
This Privacy Policy applies only to your use of our Site. Our Site may contain links to other websites operated and maintained by third parties as well as links to products and services provided by third parties. You access such linked sites or products or services at your own risk. Please note that we have no control over how your information is collected, stored, or used by other websites and we advise you to check the privacy policies of any such websites before providing any information on such website or in exchange for such product or service.
- TYPES OF INFORMATION WE COLLECT
We have the ability to collect two types of information from people who visit our Site: Personally Identifiable Information and Aggregate Information (collectively, “Information”).
- PersonallyIdentifiable Information:
“Personally Identifiable Information” is any information by which you can be identified, such as your name, email address, phone number, etc. If you choose to provide us with Personally Identifiable Information, you consent to the transfer and storage of that information on our servers and use of your Personally Identifiable Information for the purposes mentioned in this Privacy Policy.
We may collect PersonallyIdentifiable information from Users in a variety of ways, including, but not limited to, when Users visit our Site, register on the Site, respond to a survey, fill out a form, and in connection with other activities, services, features or resources we make available on our Site. We will collect PersonallyIdentifiableInformation from Users only if they voluntarily submit such information to us. Users can always refuse to supply Personally Identifiable information, except that it may prevent them from engaging in certain Site related activities.
- Aggregate Information:
We may collect AggregateInformation about Users whenever they interact with our Site. “Aggregate Information”is anonymous data and may include your IP address (i.e., a number that is assigned to your computer whenever you connect to the Internet), your domain name (e.g., “XYZ.com”), web browser type and version, operating system, User statistics and a list of URLs starting with a referring site, your activity on our Site and the site you exit to.
- HOW WE USE COLLECTED INFORMATION
- All Personally Identifiable Information is processed and stored securely, for no longer than is necessary in light of the reason(s) for which it was first collected.
- Our use of your Personally Identifiable Information will always have a lawful basis, either because it is necessary for our performance of a contract with you or because you have consented to our use of your Personally Identifiable Information (e.g. by subscribing to emails).
- We may collect and use your Information for the following purposes:
- To improve our customer service:Information you provide helps us respond to your customer service requests and support your needs more efficiently.
- To personalize User experience: We may use Information in the aggregate to understand how our Users as a group use the services and resources provided on our Site.
- To improve our Site:We may use feedback you provide to improve our products and services.
- For research and development:With your permission, we may use yourInformation, including your anonymized data, for research and development purposes and to improve the services and/or treatment outcome that we provide to other visitors of the Site and/or other persons who avail our Services.We do not share this Information with outside parties except to the extent necessary to provide our Services.
- To run a promotion, contest, survey or other Site feature:To send Users information they agreed to receive about topics we think will be of interest to them.
- To send periodic emails:We may use your email address to send you information and updates pertaining to the status and reports of any tests you may have undergone at our facilities/laboratories. Please note that you may also use the phone number that you provided while registering yourself with the Site to log in to your account to access the status and reports of any such tests you may have undergone at our facilities/laboratories. You Information may also be used to respond to their inquiries, questions, and/or other requests. If a User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe or opt-out from receiving future emails, they may do so by contacting us via our Site.
- With your permission and/or where permitted by law, we may also use your Information for internal or external marketing and promotional purposes which may include contacting you by email, telephone, text message or post with information, news and updates on our offerings.
- Third parties whose content appears on our Site may use third party Cookies. Please refer to Clause 8 for more information on controlling Cookies. Please note that we do not control the activities of such third parties, nor the data they collect and use and advise you to check the privacy policies of any such third parties.
- HOW WE PROTECT YOUR INFORMATION
- Your Personally Identifiable Information is maintained by the Company and/or any of agency whom it has contracted the task in electronic form on its equipment, and on the equipment of its employees. Such Personally Identifiable Information may also be converted to physical form from time to time. Protecting the security of your Personally Identifiable Information is very important to Us, and to protect your Personally Identifiable Information, the Company takes all necessary precautions both online and offline, and implements reasonable security practices and measures including certain managerial, technical, operational and physical security control measures that are commensurate with respect to the Information being collected and the nature of our business.Unfortunately, however, no data transmission over the Internet or data storage can be guaranteed to be 100% secure. As a result, while we strive to protect your Personally Identifiable Information, we cannot guarantee or warrant the security of any Information you transmit to or from our Site, and you do so at your own risk.
- No administrator or employee at the Company will have knowledge of your password. It is important for you to protect against unauthorised access to your account, password, computer and your mobile phone. Be sure to log off from the Site when finished. The Company does not undertake any liability for any unauthorised use of your account and password. If you suspect any unauthorised use of your account, you must immediately notify the Company by sending an email to info@rivaaralabs.demopage.org.in. You shall be liable to indemnify the Company due to any loss suffered by it due to such unauthorised use of your account and password.
- The Company makes all user Information accessible to its employees, agents or partners and third parties only on a need-to-know basis and binds only its employees to strict confidentiality obligations.
- The Company assists doctors and technicians to maintain and organizeyour Information. The Company may, therefore, retain and submit all such records of your Information to the appropriate authorities, or to doctors who request access to such Information.
- The Company assists patients to access Information related to them. The Company may, therefore, retain and submit all such records of Information to the relevant patients, or to their doctors.
- Notwithstanding the above, the Company is not responsible for the confidentiality, security or distribution of your Personally Identifiable Information by our partners and third parties outside the scope of our agreement with such partners and third parties. Further, the Company shall not be responsible for any breach of security or for any actions of any third parties or events that are beyond the reasonable control of the Company including but not limited to, acts of government, computer hacking, unauthorised access to computer data and storage device, computer crashes, breach of security and encryption, poor quality of Internet service or telephone service of the User, etc.
- DISCLOSURE OF INFORMATION
- We do not sell, trade, or rent Users PersonallyIdentifiableInformation to others. We may share generic Aggregate Information not linked to any Personally Identifiable Information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above. We may use third party service providers to help us operate our business and the Site or administer activities on our behalf, such as sending out newsletters or surveys. In some cases, the third parties may require access to some or all of your Information. We may share your Information with such third parties without the need for further consent from you.Where any of your Information is required for such a purpose, we will take all reasonable steps to ensure that your Information will be handled safely, securely, and in accordance with your rights, our obligations, and the obligations of the third party under the law.
- We may disclose your Information to (i) the Company’s current and future sponsorship, advertisement and development partners and strategic alliances, and (ii) group companies, i.e., subsidiaries, ultimate holding company and its subsidiaries.
- We may also disclose your Information to third parties if (i) we sell or buy any business or assets, in which case we may disclose your Information to the prospective seller or buyer of such business or assets, (ii) if the Company or substantially all of its assets are acquired by a third party, in which case Information held by it about its Users/customers will be one of the transferred assets, (iii) if we are under a duty to disclose or share your Information in order to comply with any legal obligation, or in order to enforce or apply our terms of website use and other agreements; or to protect the rights, property, or safety of the Company, our Users, or others.
- We may also share your Information with these third parties under the following circumstances:
- toprovide your Personally Identifiable Information to physicians and other authorized health care professionals who need to access your laboratory report for your proper diagnosis.
- to insurance companies, hospitals, physicians or third parties with our billing department for payment purpose.
(c ) to support our health care operations, such as performing quality checks on your testing, for teaching purposes, or for developing normal reference ranges for the tests we perform;
- to health department or any other Government body as and when required by them for collecting or processing health information of the state/country.
- from time to time, to reveal general statistical Information about our Site and visitors/users, such as number of visitors, number and type of services purchased, etc.
- to transfer Personally Identifiable Information about you to trusted partners, may use such Personally Identifiable Information to promote certain products/services for commercial purposes, without any prior notice to you.
- DELETING YOUR INFORMATION
- You may access Our Site without providing any Personally Identifiable Information at all.
- You may restrict Our use of Cookies. For more information, see Clause 8.
- If you have provided Personally Identifiable Information but later you object to the use that we are making of that Personally Identifiable Information (for example, you no longer wish to receive an email from us) you can ask us to stop making use of that Personally Identifiable Information by emailing at [insert email address] and requesting your name to be removed for our list.
- HOW LONG WE KEEP YOUR INFORMATION
- We only keep your Personally Identifiable Information for as long as we need to in order to use it as described above in Clause 3, and/or for as long as we have your permission to keep it.
- Notwithstanding the above, we may continue to use the Aggregate Information (which does not identify individual users) which is aggregated with anonymised data of other users, in perpetuity. We use this Aggregated Information for data analysis, profiling and research purposes, for example to gain insights about our users. We may also keep your email address to ensure that you no longer receive any communications from us as well as your name, date of birth and latest address for fraud prevention purposes and for the exercise or defence of a legal claim.
- OUR USE OF COOKIES
- Our Site uses “Cookies”. By using our Site you may also receive certain third-party Cookies on your computer or device. Third party Cookies are those placed by websites, services, and/or parties other than us. Certain features of our Site depend on Cookies to function. Your consent will not be sought to place these Cookies, but it is still important that you are aware of them. You may choose to set your web browser to refuse cookies, or to alert you when cookies are being sent. If you do so, note that some parts of the Site may not function properly.We have taken great care to ensure that your privacy is not at risk by allowing them.
- By using our Site you may also receive certain third-party Cookies on your computer or device. Third party Cookies are those placed by websites, services, and/or parties other than Us.
- DISCLAIMER
- The Company does not access, store or keep credit card data. All credit card transactions happen using Secure Server Software (SSL) for 128 bit encryption through third party gateways and the Company plays no role in the transaction, except for directing the customers/Users to gateways or the relevant webpage. Accordingly, the Company shall not be responsible or liable for any loss or damage due to any disclosure whatsoever of any Personally Identifiable Information.
- The Company shall not be liable for any loss or damage sustained by reason of any disclosure (inadvertent or otherwise) of any Personally Identifiable Information concerning a User’s account and/or information relating to or regarding online transactions using credit cards / debit cards /cash cards and/or their verification process and particulars or for any error, omission or inaccuracy with respect to any information so disclosed and used.
- CHANGES TO THIS PRIVACY POLICY
We may update this Privacy Policy from time to time (for example, if the law changes)with or without notice. When we do, we may post a notification on the main page of our site or send you an email. Any changes will be immediately posted on our Site and you will be deemed to have accepted the terms of the Privacy Policy on your first use of our Site following the alterations. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the Information we collect. You acknowledge and agree that it is your responsibility to review this Privacy Policy periodically and become aware of the modifications.
- CONTACTING US
If you have any questions about this Privacy Policy, the practices of this Site, or your dealings with this Site, please contact us at:
Rivaara Labs Pvt Ltd.,
17th Floor, Hoechst House, Nariman Point, Mumbai-400021| 9301000083
info@rivaaralabs.demopage.org.in
- law and jurisdiction
- This Privacy Policy, and the relationship between you and us (whether contractual or otherwise) shall be governed by and construed in accordance with the laws of the Republic of India.
- Any disputes concerning this Privacy Policy, the relationship between you and us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts at Mumbai, Maharashtra, India.
- GRIEVANCE OFFICER
- In accordance with Information Technology Act, 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
Name: Santosh Kumbhar
Company Name & Address: Rivaara Labs, 17th Floor, Hoechst House, Nariman Point, Mumbai-400021
Phone: +91 9820710395
Email: santosh.kumbhar@rivaaralabs.demopage.org.in
- Should you have any complaints or grievances regarding the Site, you can notify Us by writing to Us on the contact details mentioned above and We shall endeavour to redress the complaints at the earliest.
TERMS AND CONDITIONS OF USE AGREEMENT
This Terms and Conditions of Use Agreement (“Agreement”) is an agreement between you (“you” or “your” or “User”) and Rivaara Labs Pvt Ltd. (“Company” or “we” or “us” or “our”). This Agreement sets forth the general terms and conditions governing your use of the website [https://rivaaralabs.demopage.org.in/]and any associated mobile application (collectively “Site”) in respect of the products and services available on the Site.
The Company provides you advanced diagnostic testing with secure, safe online storage for your important personal health and medical records and other vital documents. You should familiarize yourself with the terms and conditions herein because they establish your rights and responsibilities as a Subscriber. We understand that the privacy and security of your personal records is important, and we use some of the most advanced security technology available that is appropriate to protect that privacy. However, please keep in mind that your records are only secure if you protect your password and change your password frequently. Our Privacy Policy, which explains how we collect, use and safeguard the information you provide to us through or in association with the Site, is incorporated into this Agreement by reference. As you navigate our Site and use the services we offer, do not hesitate to contact us if you have any questions.
By accessing or using this Site, you agree to be bound by all of the terms and conditions of this Agreement, the Privacy Policy and any other legal notices or conditions or guidelines posted on the Site, which shall be binding on you, your successors and/or assigns. The Company reserves all rights to change, modify, update or alter (“update”) this Agreement at any point of time with or without notifying you. The Company allows you to access the Site and all contents provided on the Site including all information, software, graphics, function and other materials are subject to the terms and conditions outlined below. Your continued use of the Site means that you accept any updated terms and conditions that we come up with. If you do not agree to any of the terms and conditions mentioned herein or if you do not wish to be bound by this Agreement, you may not access or use the Site. Please re-visit the ‘Terms and Conditions of Use Agreement’ link at our Site from time to time to stay abreast of any changes that we may introduce.
The Site is an online information and communications channel provided by the Company and contains health and health-related information about an individual or multiple related individuals that is (i) generated by us during diagnostic tests; (ii) submitted and/or entered by healthcare providers, healthcare organizations, and/or the individual and/or his or her designee.
The Site is for personal and non-commercial access and use only.
- DEFINITIONS AND INTERPRETATION
In this Agreement, unless the context otherwise requires, the following expressions have the following meanings:
(a) “Account” shall mean the file of health and health-related information of a Subscriber that may be accessed, stored, used and updated only by the Subscriber and/or his or her designee(s).
(b) “Content” means and includes the content and information provided on the Site in any form and capable of being stored on a computer that appears on, or forms part of, including its any trademarks, information related to any services, contact details, graphics, functions, information obtained from third parties, links and other materials available, whether publicly posted or privately transmitted as well as all derivative works thereof; including the Site’s design structure and compilation and all content such as text, images, audio, video, scripts, code, documents, databases and the source code of the Site and any other form of information made available on the Site by us and capable of being stored on a computer that appears on or forms part of our Site.
(c) “Customer”, “User” and “Subscriber” shall mean an individual who executes or enters into this Agreement with the Company to avail our services of diagnostic testing and maintains and stores health and health-related information in a Subscriber’s Account that may be accessed at the Site, or who accepts the terms and conditions set forth in this Agreement so as to be able to access and/or use the Site. A Subscriber and his/her associated Secondary User may access, use, store, and maintain the Subscriber’s Information in the Subscriber’s Account.
(d) “Disclosing Party” shall mean the party that is disclosing health or health-related information for inclusion in a Subscriber’s Account.
(e) “Information” shall mean any information you enter, upload, maintain and storeon the Site and shall include your first name, last name, date of birth, mobile number, email address, copies of documents, records, images, health and health related information, information submitted to a Subscriber by healthcare providers or other healthcare organizations or any other materials uploaded, posted or stored in connection with your use of the Services.
(f) “Services” shall mean the services of diagnostic testing, storing of health and health-related information in an Account and all other Content on the Site, including any other services that are offered and available on this Site to the Subscribers and/or the Secondary Users, as the case may be, from time to time.
(g) “Secondary User” shall mean an individual who has access to the health or health-related Information stored in the associated Subscriber’s Account and who accesses or uses the Site with the permission and at the discretion of the associated Subscriber.
(h) “User” shallmean the Subscriber and/orthe Secondary User.
In this Agreement (a) headings are for convenience only and do not affect interpretation; (b) words in the singular include the plural; and (c) including means including but not limited to.
- ACCESS, RIGHT TO USE AND SITE CONTENT
- Access to and use of the Site is available free to the Users. The Company allows you to access the Site and your use of the Site and access to all Content provided on this Site is governed by the terms and conditions outlined herein.
- We may alter, suspend or discontinue our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if our Site (or any part of it) is unavailable at any time and for any period.
- The Site is provided by the Company and available only to entities and persons who have reached the age of legal majority and are competent to enter into a legally binding agreement(s) under applicable law. Further, you must not be restricted by the Company from accessing the Site. If you do not qualify, you are not permitted to use the Site.
- The Company hereby grants to the Users the right to access, view, and use the Site, subject to the terms and conditions of this Agreement. The Company reserves the right to add new features and/or Content to the Site and remove current features and/or Content from the Site without notice. A User may download and/or print a copy of the information stored in their respective Accounts from the Site for personal use only and only when appropriate.
- The Content on the Site and in aSubscriber’s Accountis intended for informational and educational purposes only.
- The Content on the Site should not be considered as medical and/or health advice in any manner whatsoever. Nothing on the Site is intended to suggest a course of treatment for anyparticular User. The Content is not intended to be a substitute for professional medical advice, diagnosis or treatment.
- Users should never disregard professional medical advice or treatment or delay seeking professional medical advice or treatment because of any Content or other information on this Site.
- Any information and/or Content obtained from the Site is not exhaustive, should not be considered complete and does not cover all diseases, ailments, physical or mental conditions or their treatment. The advice of a User’s physician and/or any other qualified healthcare provider should be obtained directly from that physician or provider as appropriate. Any questions about any medical condition or treatment for any condition should be directed to your physician or a qualified healthcare provider.
- REGISTRATION AND YOUR ACCOUNT
- Registration: By creating an Account on the Site, you register yourself as a Subscriber. If you choose to register as a Subscriber on this Site, you shall be bound by this Agreement and this Agreement shall at all times be read together with the Privacy Policy. In order to register, you will provide some basic Information to us about yourself. During registration you will provide a mobile number. Your username will be your mobile number, which cannot be changed. The password, which can be changed by the Subscriber, will be automatically generated and sent to your mobile or email. These are your credentials for accessing the Services that are only available to Subscribers and their associated Secondary Users, as the case may be.
The Company uses your Information to send you information about Services or information you have requested via text message or e-mail. The Information may also be used to provide information about new Services that may be or may not related to you. Users can unsubscribe by putting a request at info@RivaaraLabsPvtLtd.in.
- By creating an Account on the Site and registering as a Subscriber, you certify that all Information you provide, now or in the future, is accurate. You shall not misrepresent any Information that you disclosed to us. You hereby agree and confirm that you are legally responsible for all Information you share in connection with your use of the Services and the Site. You agree to only provide Information that does not violate the law nor anyone’s rights (including intellectual property rights). You hereby agree and confirm that the Company is not responsible for your Information in any manner whatsoever.
- Each User may enter, upload, maintain and store Information to a personal, secure and unique Account established for the Subscriber. The Company or a third party acting on behalf of the Company, will electronically store and maintain Subscribers’ Accounts on servers at the Company or at the site of a third party acting on our behalf.
- Each Account can be tailored by the Subscriber to upload, maintain and store health and health-related Information for only one member that is theSubscriber himself. The Subscriber may, at his/her discretion, provide an associated Secondary User with access to such Information and access to the Subscriber’s Account.
- Whenever a User’s Information is submitted to or entered in the Subscriber’s Account, that Information will be communicated using encryption technology called Secure Socket Layer (“SSL“) encryption software. However, the Company cannot and will not guarantee that: (a) the information, during its transmission to a Subscriber’s Account, will be protected against loss, misuse or alteration by third parties; or (b) access to Subscribers’ Accounts will be uninterrupted; or (c) SSL encryption cannot be breached.
- It is the responsibility of each Subscriber to ensure that no unauthorized person shall have access to the Subscriber’s username and password. It is each Subscriber’s sole responsibility to control the dissemination and use of the Subscriber’s username and password and to authorize, monitor and control access to and use of the Subscriber’s Account, and promptly inform the Company of any need to deactivate or change the Subscriber’s username and/or password. The Company shall not in any manner whatsoever assume any responsibility or liability for any Information submitted to a Subscriber’s Account or any Information that is used or misused whether submitted, used, or misused by (a) the Subscriber; (b) Secondary Users on the Subscriber’s Account; (c) the Subscriber’s designee; (d) healthcare providers; (e) other healthcare organizations; (f) other third parties; whether or not acting on the Subscriber’s behalf.
- You hereby grant the Company, its employees, officers, directors, agents, contractors and all other persons or entities involved in the operation of the Company or of the Site a worldwide, royalty-free, transferable, sub-licensable and non-exclusive license to access, transmit, receive, monitor, retrieve, store, maintain, process and use the Information in your Account to provide the Services and operate the Site, including but not limited to converting documents received on the Subscriber’s behalf to an electronic format, printing and delivering personal emergency cards and/or stickers, and to maintain your Account. You hereby agree and confirm that the Company shall not require any further consent from you and/or be required to provide any notice and/or compensation to you or any other person in this behalf.
- The Subscriber hereby consents, and authorizes: (a) his or her individually identifiable health Information to be stored, entered, and maintained on the Site in accordance with the terms of this Agreement and the Privacy Policy; (b) the Subscriber, and any other person in possession of the Subscriber’s username and password, to access, view, add, revise, and/or delete Information from the Subscriber’s Account; and (c) the Subscriber, and any other person in possession of the Subscriber’s username and emergency password, to access and view Information stored in the Subscriber’s Emergency Folder and in the Subscriber’s Folder(s).
- Subscribers may upload their Information including personal health information and medical records, images of X-rays and other personal medical images and other health-related information to their Accounts. To the extent permitted by law, any images and Information submitted to the Companyvia the Site shall be deemed and remain property of the Company and the Company shall not be requiredto return the same to the Subscriber.The Company shall not be subject to any obligations of confidentiality regarding submitted Information except where specifically agreed in the Privacy Policy. The Company assumes no liability or responsibility in any manner whatsoever for the quality of X-rays or other personal medical images reproduced on the Site or for medical decisions which are based on X-rays, ECGs or other personal medical images archived on the Site.
- The Company shall not in any manner whatsoever be held liable or responsible for any health or health-related Informationentered intoyour Account by any User or other person who may or may not be authorized by you. You are solely responsible for the accuracy and completeness of any Information added to your Account. Each Subscriber is responsible for reviewing Information in the Subscriber’s Account as well as any documents produced from the Company or the Site including but not limited toemergency cards and stickers. You shall immediately notify the Company in writing at [insert email address] or a third party designated by the Company of any errors or misuse.
- LICENSE
We hereby grant you a limited, revocable, non-assignable, non-transferable and non-exclusive license to access the Site and use the Content for the purpose of availing the Services, provided and expressly conditioned upon your agreement that all such access and use shall be governed by all of the terms and conditions set forth in this Agreement.
- RESTRICTIONS AND PERMISSIONS ON USE
- In addition to other restrictions set forth in this Agreement, you agree:
- To maintain all equipment required for access to and use of the Site, other than equipment owned or operated by the Company or its affiliates and vendors.
- To maintain the security of your Account username and password and other confidential information relating to the your Account;
- Not to introduce onto the Site or to Users of the Site, directly or indirectly, computer viruses, worms, Trojan horses or other code that manifests or could potentially manifest contaminating or destructive properties.
- To be responsible for all charges resulting from the access and use of yourAccount, including unauthorized access and use;
- To notify the Company as soon as reasonably practicable of any real or suspected unauthorized use of yourAccount;
- To comply with instructions provided by the Company for using, maintaining, or correcting yourAccount; and
- To comply with the Company’s Privacy Policy.
- Youare responsible for the communications submitted to or entered intoyour Account and your access and use of the Site. A Subscriber, Secondary User, and/or a Subscriber’s designee may not, under any circumstances, do any of the following:
- Transmit any Information on the Site that is false, misleading, libelous or defamatory.
- Transmit, host, display, upload, modify, publish, update or share any Information, message, data, image or program that is(i) grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, 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) harms minors in any way; (iii) impersonates another person; (iv) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.The Company reserves the right to take such action as it deems appropriate in cases where the Site is used to disseminate statements that are deeply and widely offensive and/or harmful.
- Transmit, host, display, upload, modify, publish, update or share any Information, message, data, image or program that would violate the intellectual property rights of others, including unauthorized copyrighted materials, patents, trade secrets or other confidential proprietary information and trademarks or service marks used in an infringing manner;
- Use the Site to threaten, harass, stalk, abuse or otherwise violate the legal rights, including rights of privacy and publicity, of others.
- Intercept or attempt to intercept the transmission of files or other private communications not intended for you.
- Use the Site to advertise or offer, on an unsolicited basis, to sell goods or services to other Users or use the Site for purposes of distributing unsolicited messages to one or more individuals.
- Upload or download files that contain software or other material protected by intellectual property laws, privacy laws, or publicity laws, or any other applicable law unless personally owned or controlled or unless the necessary consent(s) to use, access, and/or communicate such files has been received;
- Upload information, documents, and/or files that contain viruses, worms, Trojan horses, corrupted data or other code that manifests or potentially could manifest contaminating or destructive properties or that are intended to damage, interfere with, intercept or expropriate the Site or the Content or that infringes the intellectual property rights of another;
- Use the Site in such a manner as to adversely affect the availability of its resources to others.
- Falsely or fraudulently purport to be an employee or agent of the Company and not imply or state that you are affiliated with or endorsed by the Company.
- Cause disruptive incidents.
- Fail to comply with applicable laws and regulations while using or accessing the Site and/or the Services.
- Not use our Site in any way, or for any purpose, that is unlawful or fraudulent; or
- Not disguise the origin of Information transmitted through the Site or disclose any information that you do not have the consent to disclose.
- Each time you upload or post Information, data, a document or a file to Site, you represent and warrant that you own or otherwise control the rights to the Information, data, document, or file, or that you have the necessary consents to upload or post it.
- As a Subscriber, you agree to be financially liable and responsible for the use/misuse of the Site and for the use/misuse of your Account by any other person including but not limited to Secondary Users associated with you,minors for whom you are responsible and/or who are living with you and for any other immediate family members living with you.
- You hereby agree to comply with the responsibilities and obligations as set forth in this Agreement, and you understand and agree that failing to comply with any of the foregoing limitations or obligations may result in civil or criminal liability.
- VIOLATIONS
- You acknowledge that non-compliance of the aforesaid obligations and/or the rules, regulations, terms, conditions, agreements, this Agreement and Privacy Policy applicable to the access and usage of the Site, shall give the Company the right to immediately terminate the access or usage rights of the Users to the Site and remove non-compliant Information.
- Any violation of this Agreement may result in civil or criminal liability, and the Company may, in addition to any remedy that it may have at law or in equity, immediately terminate permission for any user to use the Site. The Company reserves the right to terminate or move material, Information, messages or communications that, in the Company’s sole discretion, may be illegal, or that may subject the Company to liability or that may violate this Agreement.
- The Company may investigate any suspected or alleged violation of this Agreement and cooperate with the law, law enforcement authorities and/or third parties in such investigation.
- TERM AND TERMINATION
- You agree to avail the Services offered on this Site for a period commencing on the day you create an Account and expiring on the day you delete your Account (“Term”). You agree that the Term shall expire only upon explicit deletion of your Account.
- The Company may terminate yourright to use the Site and/or your Account and participation under this Agreement at any time, with or without cause.
- Notwithstanding anything to the contrary in this Agreement, the Company shall have the right to immediately terminate this Agreement or suspend a your Account in the event that the Company determines, in its sole discretion, that a Subscriber or a Secondary User of the Subscriber’s Account has violated a material provision of this Agreement. The Company shall confirm such termination or suspension through subsequent email.
- The Termination of this Agreement shall not affect any provision of this Agreement which, by its wording or its nature, is intended to remain effective and to continue to operate in the event of termination of this Agreement, and shall not prejudice or affect the rights of any party against another in respect of any breach of the terms and conditions of this Agreement. Notwithstanding the foregoing, the provisions of Clauses 10 (Intellectual Property Rights), 12 (Indemnification), 13 (Waiver, Release and Limitation of Liability), and 15 (Miscellaneous) shall survive termination of this Agreement.
- Upon termination, the Company shall be entitled to retain anonymized data pertaining to a Subscriber’s Information in that Subscriber’s Account. Such retained anonymized data may be used by the Company for, inter alia, research and development purposes and to improvise diagnostic research, and as more specifically describedin our PrivacyPolicy.Upon the expiry of at least thirty (30) days from termination, the Subscriber Account data will be destroyed.
- PRIVACY POLICY
The Company considers the privacy of its Users to be of the utmost importance. Please see our Privacy Policy available at [insert link] for a detailed description of the information gathering and dissemination practices for the Site.
- COMPANY AND SITE OPERATIONS
- The Company has completeand sole discretion over the operation of the Site. The Company may, among other things: (a) delete images and/or personal health records in the event a Subscriber does not adhere to the terms of this Agreement; (b) subject to its Privacy Policy, make available to third parties information relating to the Company as well as aggregate, de-identified information about Users; and (c) withdraw, suspend or discontinue any functionality or feature of the Site and/or our Services without prior notice.
- The Company shall maintain technological systems, policies, and procedures to guard against unauthorized access to information that is transmitted electronically, including encryption and/or appropriate technical security mechanisms.
- The Company shall not use, disclose, or process the Information submitted for inclusion in a Subscriber’s Account except to the extent necessary for the proper management and administration of the Information or in order to carry out the legal responsibilities of the Company.
- Users are encouraged to use discretion while browsing the Internet on searches initiated from the Site. Users understand that the Site may link unintentionally to sites containing information that some people may find inappropriate or offensive. Links may also lead to sites that contain inaccurate information, false or misleading advertising, or information that violates copyright, libelor defamation laws.
- The Company makes no representations concerning any effort to review any or all of the content of sites for which links are provided on this Site. The Company does not in anyway operate, control or endorse any information, products or services provided by third parties through the Internet.
- The inclusion of any link on the Site does not imply an endorsement by the Company of any information, products, or services offered by the linked website, but is for the Users’ reference and convenience only.
- Clicking on a link on the Site which directs the User to an off-Site page or to another site is at the User’s own risk and subject to the terms and conditions of use of such sites.
- The Company cannot and will not review communications and materials posted or uploaded to the Site for accuracy or completeness andis not responsible for the content of such communications and materials.
- The Company reserves the right to remove or block communications or materials that it determines, in its sole discretion, to (a) be abusive, libelous, defamatory or obscene, (b) be fraudulent, deceptive or misleading, (c) violate a copyright or trademark or other intellectual property right of another, (d) contain or have attached a program, virus, worm, or other device or code that could pose a security risk to the Company or the Site, or (e) be offensive or otherwise unacceptable to the Company.
- INTELLECTUAL PROPERTY RIGHTS
- All Content on the Site, and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, is the exclusive property of the Company, its licensors, or its content suppliers, and is protected by Indian copyright laws. The compilation, collection, selection, arrangement, assembly and coordination of all Content available on the Site is the exclusive property of the Company and protected by Indian copyright laws.
- The Site and any additional sites that are owned or controlled by the Company are trademarks of the Company and are protected by laws. Any unauthorized use of trademarks appearing on the Site may constitute a violation of law, which could result in both civil and criminal penalties.
- You acknowledge that the Site in source code form remains a confidential trade secret of the Company therefore you agree not to modify the Site or attempt to decipher, decompile, disassemble or reverse engineer the Site.
- Our status as the owner and author of the Content on our Site (or that of identified licensors, as appropriate) must always be acknowledged.
- You shall not:
Without limitation, you shall not do any of the following without prior written permission from us (and neither shall you allow a third party to do any of the same):
- redistribute or resell any of the Content, including Our headlines;
- create a database in electronic or structured manual form by systematically downloading and storing all or any of the Content; or
- deep link to, frame, spider, harvest or scrape the content or otherwise access the Content for similar purposes; or
- use any machine, electronic, web-based or similar device to read or extract the Content by automated techniques; or
- use the Content in a searchable, machine-readable database.
- The Site as well as the Content is the valuable, exclusive property of the Company, and nothing therein shall be construed as transferring or assigning any such ownership rights to you or any other person or entity. All Content is the proprietary, confidential property of the Site and cannot be repeated for any reason outside the Site. You agree not to repeat in any way any of the Content for any reason whatsoever. You agree that if you do repeat or re-post any of the Content by any means, you will be exclusively liable under criminal law and shall also be liable for actual and punitive damages as determined by the Company and additional damages to be determined by a court of law.
- DISCLAIMER; NO WARRANTIES
- Nothing on our Site constitutes advice on which you should rely. It is provided for general information purposes only.
- Insofar as is permitted by law, we make no representation, warranty, or guarantee that our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.
- The Content published on this Site may include inaccuracies or typographical errors. Changes are periodically added to the Content herein. The Company may make improvements and/or changes in this Site at any time. This Site may be temporarily unavailable from time to time due to required maintenance, telecommunications interruptions, or other disruptions. The Company its Affiliates (described hereunder) shall not be liable to you or any third party should the Company exercise its right to modify or discontinue any or all of the Contents, features and Services published on this Site.
- You acknowledge that the information and Content provided through the Site may be compiled from sources, which are beyond the control of the Company. Though such information is recognized to be generally reliable, you acknowledge that inaccuracies may occur, and the Company does not warrant the accuracy or suitability of the Content or information. For this reason, as well as the possibility of human and mechanical errors and other factors, you acknowledge that theSite is provided on an “as is” and “as available” basis without warranty of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular use or purpose, title, infringement, accuracy, reliability, completeness, timeliness, usefulness, adequacy or suitability of the Content.
- The Company cannot and does not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data or inability to access data. Further, the Company cannot and does not warrant or guarantee that the functions or services performed on the Site will be uninterrupted or error-free, or that defects in the Site will be corrected.
- The Company cannot and does not guarantee that any one or all of your healthcare providers will transmit all or any portion of your medical records or other health information in connection with your Account. You must not rely exclusively on the Content to describe accurately and completely your past, present, or future physical or mental health or condition or the provision of health care to you.
- The Company does not independently and separately verify the truth and accuracy of information supplied by your healthcare providers or entered by you. Information that is submitted by your healthcare providers or entered by you or your designee will be considered by us as accurate and complete. You and your healthcare providers are solely responsible for identifying and correcting any and all errors in Information stored by the Site on your behalf.
- You are solely responsible for (a) implementing and maintaining adequate procedures and checkpoints to satisfy your particular requirements for accuracy of the Site including the data and/or Content input and output and (b) maintaining a means external to the Company and/or Site for the reconstruction of any lost data.
- You understand and agree that any information communicated to or otherwise entered in the Site will be communicated over local exchange, interexchange and internet backbone carrier lines and through routers, switches and other devices owned, maintained and serviced by third party local exchange and long distance carriers, utilities, internet service providers and others, all of which are beyond the control of the Company and the Companycannot and will not assume any liability for or related to the delay, failure, interruption, interception or corruption of any data or other information communicated to or entered in the Site.
- The Company cannot and does not guarantee or warrant that files available for downloading from this Site will be free of infection by viruses, worms, trojan horses or other code that manifest contaminating or destructive properties.
- The Company cannot and does not assume any liability for any of the Content on the Site. Reliance on any information presented on the Site is at the your own risk. The Company reserves the right to change or discontinue any aspect or feature of the Site from time to time without notice.
- Information entered by a User or provided by his or her healthcare providers and organizations will be used by the Company only for the following purposes:
- Providing users the ability to access and use the Site via a valid username and password.
- providing emergency access and use of a Subscriber’s Account to health care providers who access the Site using a valid emergency login password.
- As necessary for the proper management and administration or in order to carry out the legal responsibilities of the Company.
- The Company cannot and will not be held liable for the authorized or unauthorized use, misuse, and/or disclosure of Information that is stored and/or maintained in yourAccount, including the Information contained within the emergency folder and/or any of the secondary folders.
- INDEMNIFICATION
You agree to indemnify, defend, protect, release, and hold the and its officers, directors, employees, agents, affiliates, agents, representatives,information providers and suppliers and their respective officers, directors, agents, representatives and employees (“Affiliates”) harmless from and against any and all claims, losses, expenses, damages to persons or property, injuries or deaths of persons, liability, liens, demands, and causes of action, including claims of infringement of copyright, trademark, or other intellectual property rights, and including the amounts of judgments, penalties, interest, court costs, and legal fees including reasonable attorney’s fees incurred by or asserted as a result of: (i)your Account or your use of the Site; (ii) any non-compliance by you with the terms and conditions hereof; or (c) any third party actions related to your receipt and use of the Content, whether authorized or unauthorized. You understand and agree that such indemnity shall apply regardless of whether the Claims arise in whole or in part from the actual or alleged sole, comparative, concurrent, active, passive, contributory or gross negligence of the Company or its Affiliates or by you or any other person accessing and/or using the Site and/or your Account.
- WAIVER, RELEASE AND LIMITATION OF LIABILITY
- You hereby release and forever waive any and all claims you may have against the Company and its Affiliates for losses or damages you sustain in connection with your use of the Site.
- All other damages, direct or indirect, special, incidental, consequential or punitive, including but not limited to, lost profits or damages resulting from lost data or business interruption arising from any use of or inability to use any Content or other parts of the Site, are hereby excluded even if the Company and its Affiliateshave been advised of the possibility of such damages.
- REMEDIES
- You acknowledge that a violation or attempted violation of this Agreement will cause such damage to the Company as will be irreparable, the exact amount of which would be impossible to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that the Company shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of this Agreement by you, or your Affiliates, as well as to recover from you any and all costs and expenses sustained or incurred by the Company in obtaining such an injunction, including, without limitation, reasonable attorney’s fees. You agree that no bond or other security shall be required in connection with such injunction.
- In no event shall you be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Company, the exploitation of any advertising or other materials issued in connection therewith, or the exploitation of the Site or any Content used or displayed through the Site.
- MISCELLANEOUS
- GoverningLaw and Jurisdiction. This Agreement and the relationship between you and us (whether contractual or otherwise) shall be governed by and construed in accordance with the laws of the Republic of India.Any disputes concerning this Agreement, the relationship between you and us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts at Mumbai, Maharashtra, India.
- Third Party Rights.The provisions of paragraphs 12 (Indemnification) and 13 (Waiver, Release and Limitation of Liability) are for the benefit of the Company and its Affiliates.. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
- Nowaiver. The Company’s failure to insist upon or enforce strict performance of any provision of this Agreement or to exercise any rights herein shall not be construed as a waiver of any provision or relinquishment to any extent of the Company’s right to assert or rely upon such provisions or rights on any future occasion. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement.
- Assignment. The Company may assign its rights and obligations under this Agreement to any party at any time without notice. Commencing immediately upon such assignment, the Company shall be relieved of any further obligation hereunder. You will not transfer any of your rights or obligations under this Agreement to anyone else without our prior consent.
- Notices and Communication.Please note that the Company reserves the right to communicate with you in the mode and manner it deems appropriate. Any communications with you may be in the form of emails and/or notifications and/or notices sent by the Company to you, at its sole discretion. While you may opt to switch off certain notifications and manage your preferences, you agree and confirm that the Company reserves the right to communicate with you regarding the Services, the Site, the Agreement and/or the Privacy Policy, in any mode or manner whatsoever. You acknowledge and agree that any communication sent to you by the Company in any mode or manner chosen by the Company shall be deemed to be an adequate manner of communicating with you. Any notice which may be or is required to be given under this Agreement shall be in writing and shall be sent by post and/or fax and/or courier and/or as an electronic record attached to an e-mail or sent to the Subscriber’s Site message box. All notices shall be effective upon receipt by the party at each party’s address as follows:
For the Company:
Rivaara Labs Pvt Ltd.
| 930100083
Email: info@rivaaralabs.demopage.org.in
- Severability.The provisions of this Agreement are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions hereof, but such invalid or unenforceable provision shall be deemed modified to the extent necessary to render it valid or enforceable, preserving to the fullest extent permissible the intent of the parties set forth herein.
- Entire Agreement.This Agreement, as amended from time to time, constitutes the entire agreement and understanding between the parties with respect to the Services, responsibilities, and obligations specified and agreed upon in this Agreement and supersedes all prior oral or written agreements and understandings between the parties with respect to such services, responsibilities, and obligations.
- Relationship. You understand and agree that no joint venture, partnership, employment, or agency relationship exists between you and us on account of you using the Site or us rendering the Services.
- Grievance Officer. In accordance with Information Technology Act, 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
Name: Santosh Kumbhar
Company Name & Address: Rivaara Labs, 17th Floor, Hoechst House, Nariman Point, Mumbai-400021
Phone: +91 9820710395
Email: santosh.kumbhar@rivaaralabs.demopage.org.in
Should you have any complaints or grievances regarding the Site, you can notify us by writing to Us on the contact details mentioned above and We shall endeavour to redress the complaints at the earliest.