1. NATURE AND APPLICABILITY OF TERM
- A patient, his/her representatives/ attendant/ relative/ friend or affiliates (“you” or “User”); or
- A user of the Website or App (“you” or “User”).
- A third-party provider
This Agreement applies to all services made available by Smilo.ai on the Website or App. The Services may changefrom time to time, at the sole discretion of Smilo.ai, and the Agreement will apply to your visit and use of the Websiteor App to avail the Service, as well as to all information provided by you on the Website or App at any given point intime. This Agreement defines the terms and conditions under which you are allowed to use the Website and App anddescribes the manner in which we shall treat your account while you are registered as a member/user with us. If you haveany questions about any part of the Agreement, contact us. By downloading or accessing the App or Website to use theServices, you irrevocably accept all the terms and conditions stipulated in this Agreement and agree to fully abide bythem. This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you. Byavailing any Service, you signify your agreement and acceptance to thisAgreement. We reserve the right to modify orterminate any part of the Agreement for any reason at any time.You should read the Agreement at regular intervals. Useof the App or Website following any such modification constitutes your agreement to follow and be bound by the Agreementso modified. Any additional terms and conditions, disclaimers, privacy policies and other policies applicable in generaland/ or to specific areas of this Website or to particular Service are also considered as part of the Agreement. Youacknowledge that you will be bound by this Agreement for availing any of our Services offered by us. If you do not agreewith any part of the Agreement, please do not use the Website or avail any Services. Your access to use of the Websiteand the Services will be solely at the discretion of Smilo.ai. The Agreement is published in compliance of, and isgoverned by the provisions of Indian law, including but not limited to:
- the Indian Contract Act, 1872,
- the Indian Information Technology Act, 2000,
- Telemedicine Act,1997 and Telemedicine Practice Guidelines, and
- the rules, regulations, guidelines, and clarifications framed there under, including the (Indian)
Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules,2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IGRules”).
2. CONDITIONS OF USE
- You must be 18 years of age or older to register, avail Services, or visit or use the Website in any manner. By registering, visiting, and using the Website or accepting terms and conditions of the Agreement, you represent and warrant to Smilo.ai that you are 18 years of age or older, and that you have the right, authority and capacity to use the Website and Services available through the Website, and agree to and abide by this Agreement. In case, you are less than 18 years of age, a consent from guardian or parent must be provided.
3. END-USER ACCOUNT AND DATA PRIVACY
- Smilo.ai and its Partners may by the Services, collect information relating to the devices through which you access the Website, location from which you access and anonymous data of your usage. The collected information will be used only for improving the quality of the Services and to build new services.3. The Website and App allows Smilo.ai and its Partners to have access to Users’ email or phone number, for the purpose of communication and analytics.
- The type of information collected from Users, including sensitive personal data or information.
- The purpose, means and modes of usage of such information;
- How and to whom Smilo.ai will disclose such information; and,
- Other information mandated by the SPI Rules.
- The personal health record facility is provided on a best-efforts as-is basis. While we strive to maintain the highest level of service availability, Smilo.ai or its Partners are not liable for any interruption that may be caused to your access to the Services.
- Any health-related reminder or notification service (like medication reminder, appointment reminder, etc.) that may form part of the Services is only a supplementary way of notifying or reminding you of actions to take related to your health. Smilo.ai is not liable if for any reason a reminder or notification is not delivered to you or is delivered late or delivered incorrectly, despite its best efforts, or if your health is impacted negatively because of the same.
- Smilo.ai uses industry–levelsecurity and encryption to your personal health record. However, Smilo.ai cannot guarantee prevention of any unauthorized access if you lose your login credentials or that is otherwise compromised.
- If you access your dependents’ record through your personal health record by registering your dependents with your own personal health record, you are deemed to be responsible for the records of your dependents and all obligations that your dependent’s would have, had they maintained their own separate individual personal health record.
- If you provide anyone else access to your personal health record, you are deemed to be responsible for all actions, access, and transaction that that person takes related to your personalhealth record either on their own or independently. Smilo.ai or its Partners are not responsible or liable for any action, transaction, loss, leakage, or any other liability arising out ofthis.
4. LISTING CONTENT AND DISSEMINATING INFORMATION
- The Services provided by Smilo.ai or any of its licensors or Partners are provided with no warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitnessfor a particular purpose, title, and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). Smilo.ai and its Partners do not provide or make any representation, warranty, or guarantee, express or implied about the Website, App or the Services. Smilo.ai and its Partners do not guarantee the accuracy or completeness of any content or information provided by Users onthe Website. To the fullest extent permitted by law, Smilo.ai and its Partners disclaim all liability arising out of the User’s use or reliance upon the Website, App, the Services, representation, and warranties made by other Users, the content or information providedby the Users on the Website, or any opinion or suggestion given or expressed by Smilo.ai or its Partners or any User in relation to any User or services provided by such User.
- The Website or App may be linked to the website of third parties, affiliates, and business partners. Smilo.ai has no control over, and not liable or responsible for the content, accuracy, validity, reliability, quality of such websites or made available by/through our website or App. Inclusion of any link on the Website or App does not imply that Smilo.ai endorses the linked site. Users may use the links and these services at User’s ownrisk.
- Smilo.ai and its Partners assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the Website or App or the downloading of any material, data, text, images, video content, or audio content from the Website or App. If a User is dissatisfied with the Website or App, User’s can write his/her feedback to firstname.lastname@example.org .
- If Smilo.ai determines through feedback or otherwise that you have provided fraudulent, inaccurate, incomplete, or false information, Smilo.ai reserves the right to immediately suspend your access to the Website or App or any of your accounts with Smilo.ai and makes such declaration about suspension on the website alongside your name as determined by Smilo.ai for the protection of protecting its business and in the interests of Users. You shall be liable to indemnify Smilo.ai and its Partners for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected Smilo.ai, its Partners or its Users.
5. REVIEWS AND FEEDBACK
- Obtaining feedback in relation to Website, App or Smilo.ai’s services; and/or
- Obtaining feedback in relation to any oral healthcare service providers on the Website or App; and/or
- Resolving any complaints, information, or queries by oral healthcare service providers regarding yourCritical Content. And you agree to provide your fullest co-operation further to such communication by Smilo.ai.
6. RIGHTS AND OBLIGATIONS RELATING TO CONTENT
- As mandated by Regulation 3(2) of the Information Governance (IG) Rules, Smilo.ai hereby informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update, or share any information that:
- belongs to another person and to which the User does not have any right to;
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
- harm minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights;
- violates any law for the time being in force;f. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing innature;
- impersonate another person;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computerresource;
- Threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
- Users are also prohibited from:
- violating or attempting to violate the integrity or security of the Website, App or any Smilo.ai Content;
- transmitting any information (including job posts, messages and hyperlinks) on or through the Website or App that is disruptive or competitive or prejudicial to the provision of Services by Smilo.ai;
- intentionally submitting any incomplete, false or inaccurate information;
- making any unsolicited communicationsto other Users;
- using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search theWebsite;
- attempting to decipher, decompile, disassemble or reverse engineer any part of the Website or App;
- copying or duplicating in any manner any of the Smilo.ai Content or other information available from the Website or App;
- Framing or hot linking or deep linking any Smilo.ai Content.
7. CONDITIONS FOR A THIRD-PARTY PROVIDER
- The terms and conditions apply to all healthcare professionals include individual professional or an organization including authorized associates of such practitioners or institutions who want to register themselves as Practitioner on the healthcare website and also govern the provision of access to practitioner on the website or any other practitioner services provided through the healthcare website.
- If you are a member of the Workforce (interns, employees, agents, independent contractors employed or hired by you) of the Practitioner that has listed themselves on the website to provide Practitioner Services, and the Listed Practitioner has authorized you, explicitly or implicitly, to use the Practitioner Services or any other service, terms and conditions to the Agreement is a three-way agreement between you, the Practitioner and the Company. Both the Practitioner and the Company may seek recourse against you for any violation of the terms of the Agreement.
- By accepting or clicking the tab/button “I agree” at the time of registration or by mere use of the Practitioner Services provided by the Company through the website, the Practitioner shall be and be deemed to be bound by the terms and conditions of the Agreement, and to have read and understood and unconditionally accepted the Agreement in its entirety for availing the use of the Practitioner Services provided on or through the website.
- You also represent and warrant that you are not a person barred from receiving the Practitioner Services under the laws of India.7. You also undertake to inform us of any pending or decided cases/complaints against you in India/abroad for medical negligence and/or medical offences.
- You represent and warrant that you are qualified to provide oral healthcare services within the territory of India.
- You represent and warrant that you have obtained all licenses as required by law to provide oral healthcare services and have not committed any act or omission that might prejudice its continuance or renewal.
- You warrant and agree that any material provided by you will not infringe any intellectual property or any other right of any third person, and will not be in contravention of any other applicable laws.
- You shall be solely liable for your dealings and interaction with patient or User, his/her representatives or affiliates AND hereby understand and agree that the relationship between you and the User or patient, shall be independently governed as per the Applicable Laws.
- You hereby agree and undertake that you will not or attemptto:
- impersonate any other Practitioner, person, or entity;
- misrepresent your affiliation with the Company;
- use the website or Services to violate any local, state, national or international law;
- use abusive or derogatory language while communicating with the patients andUsers;
- transfer, assign or sublicense their Practitioner Account or right to use the Practitioner Services to any third party;
- use the Practitioner Services provided by the Company for any unauthorized and unlawful purpose; and
- Engage in any activity that interferes with or disrupts the Practitioner Services, Site or System.
The Service is provided in order to facilitate access to avail and pay for the services offered online. Smilo.ai or the Payment Service Provider(s) do not make any representation of any kind, express or implied, as to the operation of the Payment Gateway other than what is specified on the Website for this purpose. By accepting/ agreeing to these Terms and Conditions, the User expressly agrees that his/ her use of the aforesaid online payment Service is entirely at own risk and responsibility of the User.Payment terms – The following is a summary of the key payment terms of the service. Payment(s) through this Service may only be made with a Credit Card, Debit card, Net Banking, or any other mode of online payment.
- Before using this Service, it is recommended that the user shall make necessary enquiry about the charges or fees payable against Credit Card, Debit card, Net Banking or any other mode of online payment from their service provider i.e., the respective Bank[s]/service provider[s].
- The credit card/ Debit card or any other mode of online payment information supplied at the time of using the service is processed by the payment gateway of the service provider and is not supplied to SMILO.AI. It is the sole responsibility of the User of the service to ensure that the information entered in the relevant fields is correct.
- The User agrees, understands, and confirms that his/ her personal data including without limitation details relating to debit card/ credit card/net banking/ any other online payment transmitted over the Internet may be susceptible to misuse, hacking, theft and/ or fraud and that SMILO.AI or the Payment Service Provider(s) have no control over suchmatters.
- The service is provided using a payment gateway service provider through a secure website.
However, neither the payment gateway service provider nor the SMILO.AI gives any assurance,that the informationprovided online by a User is secured or may be read or intercepted bya third party. SMILO.AI does not accept or assumeany liability in the event of such unauthorized interception, hacking or other unauthorized access to informationprovided by a user of the service.
- SMILO.AI and/or the Payment Service Providers shall not be liable for any inaccuracy, error or
delay in, or omission of (a) any data, information or message, or (b) the transmission or delivery of any suchdata, information or message; or (c) any loss or damage arising from or occasioned by any such inaccuracy, error, delayor omission, non-performance or interruption in any such data, information or message. Under no circumstances shall theSMILO.AI and/or the Payment Service Providers, its employees, directors, and its third party agents involved inprocessing, delivering or managing the Services, be liable for any direct, indirect, incidental, special orconsequential damages, or any damages whatsoever, including punitive or exemplary arising out of or in any way connectedwith the provision of or any inadequacy or deficiency in the provision of the Services or resulting from unauthorizedaccess or alteration of transmissions of data or arising from suspension or termination of the Service.
- The User agrees that SMILO.AI or any of its employees will not be held liable by the User for
any loss or damages arising from your use of, or reliance upon the information contained on the Website, or anyfailure to comply with these Terms and Conditions where such failure is due to circumstance beyond SMILO.AI’s reasonablecontrol.
- Debit/Credit Card, Bank Account Details
- The Applicant agrees that the debit/credit card details provided by him/ her for use of the aforesaid Service(s) must be correct and accurate and that the User shall not use a Debit/ credit card, that is not lawfully owned by him/ her or the use of which is not authorized by the lawful owner thereof. The Applicant further agrees and undertakes to Provide correct and valid debit/credit card details or any other means of online payment details.
- The Applicant may pay his/ her Consultation or any other Healthcare Service incidental
Fees/Charges to SMILO.AI by using a debit/credit card or through online banking account/ E Wallets. The Userwarrants, agrees and confirms that when he/ she initiates a payment transaction and/or issues an online paymentinstruction and provides his/ her card / bank details:• The User is fully and lawfully entitled to use such credit /debit card, bank account for such transactions;
- The User is responsible to ensure that the card/ bank account details provided by him/ her are accurate;
- The User authorizes debit of the nominated card or E- wallet/ bank account for the Payment of fees selected by such Applicant along with the applicable Fees.
- The User is responsible to ensure that sufficient credit is available on the nominated card/ bank account at the time of making the payment to permit the Payment of the dues payable or fees dues selected bythe User inclusive of the applicable Fee/Charges. Cancellation and Refund Policy The cancellation andrefund policy is not applicable to once the payment is made through mobile app and website for booking services.
9. INTELLECTUAL PROPERTY RIGHTS
The contents of the Website and App are protected by intellectual property laws of India including withoutlimitation to trademark and copyright laws. Reproduction, retransmission, public and/or commercial use of any or all thematerial on the Website and App are prohibited. The logos, service marks and trademarks (“IP Marks“)displayed on the Website or App are the property of Smilo.ai or its Partners or has been licensed to Smilo.ai or itsPartners by the relevant owners for use. The User may use this material only as expressly authorized by Smilo.ai or itsPartners and shall not copy, transmit or create derivative works of such material without express authorization fromSmilo.ai or itsPartners. The User acknowledges and agrees that they shall not upload post, reproduce, or distribute anycontent on or through the Website or App that is protected by copyright or other proprietary right of a third party,without obtaining the permission of the owner of such right. Any copyrighted or other proprietary content distributed onor through the Website or App with the consent of the owner must contain the appropriate copyright or other proprietaryrights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal andcould subject the User to personal liability or criminal prosecution. Nothing on the Website or App should be construedasgranting, by implication, estoppels, or otherwise, any license or right to use any trademarks without writtenpermission from Smilo.ai.
Smilo.ai reserves the right to suspend or terminate a User’s access to the Website and the Services with orwithout notice and to exercise any other remedy available under lawwhere:
- A third-party reports violation of any of its right as a result of your use of the Services;
- Smilo.ai is unable to verify or authenticate any information provide to Smilo.ai by a User;
- Smilo.ai has reasonable grounds for suspecting any illegal, fraudulent, or abusive activity on part of such User; or Smilo.ai believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for Smilo.ai or its Partners or are contrary to the interests of the Website. Oncetemporarily suspended, indefinitely suspended, or terminated, the User may not continue to use the Website under thesame account, a different account or re-register under a new account. On termination of an account due to the reasonsmentioned herein,such User shall no longer have access to data, messages, files, and other material kept on the Websiteby such User. The User shall ensure that he/she/it has continuous backup of any oral healthcare servicesthe User hasrendered in order to complywith the User’s record keeping process and practices.
11. DISCLAIMER OF WARRANTIES
- All information available on the Website or App, (the “Information”) is provided on the condition that the User will make independent determination in respect of its accuracy, completeness or usefulnesssuitability prior to use or making any decision for any loss or damage in reliance hereof. Smilo.ai and its Partnerswill not be responsible for the same. Further Smilo.ai and its Partners will not be responsible or liable in any mannerfor any data added, provided, stored, or managed by the User including all personally identifiable information.
- The Information does not constitute an invitation or recommendation to take oral healthcare servicesfrom Smilo.ai or its Partners nor is such Information a substitute for professional advice or solicitationregarding oral healthcare services/ products or recommendation thereof. Smilo.ai urgesthe Usersto seek the advice ofprofessionals, as appropriate, regardingthe evaluation of any specific opinion, advice, product, service, or otherInformation.
- All information on the Website is provided to you “as is” without warranty of any kind either express or implied including, but not limited to implied warranties of merchantability and fitness for aparticular purpose, title, non-infringement, security, or accuracy. In no eventshall Smilo.ai or its Partners be liablefor any special, direct, indirect, or consequential damages or any damages whatsoever resulting from loss, whether in anaction of contract, negligence or other tortuous action, arising out of or in connection with the use or performance ofinformation. All information available on a hyper-link site and any third party is subject to the terms and conditionsof the legal notices contained therein.
User agrees to indemnify and hold harmless Smilo.ai, its affiliates, officers, directors, employees, consultants,licensors, agents, representatives and Partners from any and all third party claims, losses, liability, damages, and/orcosts (including reasonable attorney fees and costs) arising from User’s access to or use of Service, violation of thisAgreement, or infringement, or infringement by any other User of his/her/its account, of any intellectual property orother right of any person or entity. Smilo.ai will notify you promptly of any such claim, loss, liability, or demand,and in addition to your foregoing obligations, you agree to provide us with reasonable assistance, at your expense, indefending any such claim, loss, liability, damage, or cost.
13. APPLICABLE LAW AND DISPUTE SETTLEMENT
- You agree thatthis Agreement and any contractual obligation between the Company and User will be governed by the laws of India. You agree that laws of India will govern this agreement and any contractualobligation between the company and the user.
- Subject to the above Paragraph above, the courts at Delhi shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the Website or the Services or theinformation to which it gives access.
14. CLINICAL DATA ANALYSIS DISCLOSURE
Clinical studies in humans must comply with ethical principles, which protect the safety and well being of thestudy participants. Providing access to information about clinical research studies and their results benefits studyparticipants, patients, healthcare providers and the wider public. This information helps people make informed decisionsabout potential treatment options as well as potential participation in clinical studies. Smilo.ai may use IndividualsPersonal Information is (a) to be disclosed to a third party, or (b) to be used forclinical data analysis which can help health care service provider in doing his health care consultation for betteroutcomes. Smilo.ai would get into a separate agreement with the individual who has shown their consent for the trials.Smilo.ai will not process Sensitive Personal Information about Individuals for purposes other than those for which theinformation was originally obtained or subsequently authorized by the Individual unless the Individual explicitlyconsents to the processing or as required or permitted, or where not prohibited by law or regulation. All data providedis secured with respect to the privacy of patients who have participated in the trials in line with applicable laws andregulations.
15. ARBITRATION CLAUSE
Any dispute, claim or controversy arising out of or relating to this policy or the breach, termination,enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of thispolicy to arbitrate, shall be determined by arbitration in [Delhi jurisdiction] before [one/three] arbitrator(s). Thearbitration shall be administered by Smilo.ai pursuant to its Comprehensive Arbitration Rules and Procedures and inaccordance with the Expedited Procedures in those Rules or pursuant to Smilo.ai’s Streamlined Arbitration Rules andProcedures. The arbitrators will be selected with the consent of both the parties and the award arising of thearbitration shall be binding on both the parties. This clause shall not prevent parties from seeking provisionalremedies in aid of arbitration from a court of jurisdiction.
16. ARTIFICIAL INTELLIGENCE DISCLOSURE
Smilo.ai uses data for Artificial Intelligence and Machine learning algorithm to help patient and user tounderstand their comorbidities. Oral images of patient collected through the digital platform may be used forunderstanding and making improvements in Artificial Intelligence and Machine learning algorithm
If any provision of the Agreement is held by a court of competent jurisdiction or arbitral tribunal tobeunenforceable under applicable law, then such provision shall be excluded from this Agreement and the rest of theAgreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with itsterms; provided however that, in such event, the Agreement shall be interpreted so as to give effect, to the greatestextent consistent with and permitted by applicable law,to themeaning and intention of the excluded provision asdetermined by such court of competent jurisdiction or arbitral tribunal.
No provision of this Agreement shall be deemed to be waived and no breach excused unless such waiver or consentshall be in writing and signed by Smilo.ai. Any consent by Smilo.ai to, or a waiver by Smilo.ai of any breach by you,whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different orsubsequent breach.
20. YOUR PRIVACY – OUR COMMITMENT
We are extremely proud of our commitment to protect your privacy. We value your trust in
21. INFORMATION WE COLLECT
22. USE OF YOUR PERSONAL INFORMATION
23. DISCLOSURE OF YOUR PERSONAL INFORMATION AND TELEMEDICINE REGULATIONS
- To provide the Personal Information to authorized health care providers who need to access your report for your proper diagnosis and treatment;
- To insurance companies, authorized health care providers or third parties with our billing department for payment purpose;
- 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 respond to summons, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims;
- 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 statisticalinformation about our Website/App and visitors, such as number of visitors, number and type of services purchased, etc;
- Use of Information About You We use information we collect from you for the following purpose: Provide, maintain, and improve the Service whichincludes sharing of your information with Provider(s) that you have authorized for us to share with; Verify youridentity upon your request in connection with your use of the Service; iii. Help protect the safety of our users, whichincludes blocking suspected spammers, addressing abuse, and enforcing the Terms and Conditions; Send you technicalnotices, updates, security alerts, invoices and other support and administrative messages;v. Delivering customerservice; To the extent permitted by applicable law, communicate with you about products, services, offers, promotions,and events, and provide other news and information we believe will be of interest to you (for information about how toopt out of these communications, please contact us; vii. Monitor and analyze trends, usage, and activities in connectionwith the Service for purpose of monitoring and improving the Service; We may collect information for other purpose thatmay be notified to you from timeto time. Further, you agree that we may share your Personal Information with the following categories of activities with from time-to-time:
2) Other Corporate Entities The Company shares much of the data, includingPersonal Information about you, with its parent, affiliates, subsidiaries, and joint ventures that are committed toserving your online needs and related services, throughout the world. To the extent that these entities have access toyour Personal Information, they will treat it at least as protectively as they treat information they obtain from theirother users. The Company’s parent, affiliates, subsidiaries, and joint ventures follow privacy practices no lessprotective of all users than our practices described in this document, to the extent allowed by applicable law. TheCompany, its parent, affiliates, subsidiaries, its joint ventures, or any combination of such, will share some or allofyour Personal Information with another business entity should we plan to, merge with, or be acquired by that businessentity.
3) Posting to public areas of the Website/App Please remember that if you postany of your Personal Information in public areas of the Website/App such as in online forums or chat rooms, or in theWebsite/App’s searchable database, such information may be collected and used by others over whom we have no control. Weare not responsible for the use made by third parties of information you post or otherwise make available in publicareas of Website/App.
4) Access or change your Personal Information You may review,correct, update or change your account information at any time. To protect your privacy and security, we will verifyyour identity before granting access or making changes to your Personal Information. If you have registered your profileon the Website/App, your ID and Password are required in order to access your Account.
5) Other Website/Apps Our Website/App may contain links to other Website/Apps. Please note that when you click onone of these links, you are entering another Website/App over which the Website/App has no control and will bear noresponsibility. Often these Website/Apps require you to enter your Personal Information. We encourage you to read theprivacy statements on all such Website/Apps as their policies may differ from ours. You agree that we shall not beliable for any breach of your privacy of Personal Information or loss incurred by your use of theseWebsite/Apps.
7) Non-Identifiable Health Information Anonymous data or non-identifiabledata means data that is not associated with or linked to any individual’s personal information or will not easily permitthe identification of individuals (“Anonymous Data”). We may generate Anonymous Data from personal information collectedthrough the Website, Mobile Application, apps and the Service by removing information that makes the data personallynon-identifiable to an individual. We may use or share with third party this Anonymous Data for any reasonable purposeto the extent not prohibited by applicable laws.
8) Data Processors in Other Countries We may engage third parties to perform certain services on our behalf to provide the Service.These third parties may store, process and transfer personal information on servers located outside of your countries ofresidence in jurisdictions whose data protection laws may differ from those of your countries of residence. Theapplicable laws of these jurisdictions where the servers are located may not offer the same level of data privacyprotection as in your home countries; we take reasonable measures to provide an appropriate level of data privacyprotection. For example, we use contractual clauses, data transfer agreements, and other measures designed to requirethe recipients of your personalinformation to protect the data.
9) Disclaimer TheCompany does not access, store or keep credit card data. All transactions will occur usingSecure Server Software (SSL)through third party gateways and the Company plays no role in the transaction, except for directing the customers togateways or relevant webpage. Accordingly, the Company shall not be responsible or liable for any loss or damage due toany disclosure financial transaction. The Company shall not be liable for any loss or damage sustained by reason of anydisclosure (inadvertent or otherwise) of any transaction from the User’s account and / or information relating to orregarding online transactions using credit cards / debit cards / cash cards and/or any other payment transfer means andmethod and / or their verification process and particulars nor for any error, omission or inaccuracy with respect to anyinformation so disclosed and used.
The Website and Mobile Application (or any other mode through which the Service is delivered) is not directed atminor under 18 years of age. We do not knowingly collect or use information from minor without supervision and consentfrom his or her parent or legal guardian.
We maintain reasonable technical, physical, procedural and technical safeguards to protect your personalinformation against loss, misuse, theft, and unauthorized access. However, it would notbe possible to fully guaranteesecurity or that loss, misuse or alteration to data hosted by or on, or accessed by or through, the Website or MobileApplication will not occur. Your personal information may also be stored by third parties, via cloud services or othertechnology, to whom we have contracted, where we are satisfied that they have in place adequate physical, procedural andtechnical safeguards to protect data stored with them. Breach notification- In the event that we become aware of anysecurity breach which we believe has resulted or may result in the unauthorized access, use or disclosure to non-publicpersonal information, we will promptly investigate the matter and notify you of such breach and the remedial steps thatwe are taking. We take reasonable steps to verify your identity before granting you access to your account under theService through the Website or through the Mobile Application, however, you are solely responsible for maintaining thesecrecy of your username, password and any other account information. Where you entrust another person with your username and password to the Service, you will be solely responsible for all activities by such person resulting fromsharing or not maintaining the confidentiality of your user name or password.
27. CONTACTING THE WEBSITE/APP
28. ADVERTISEMENTS, SEARCHES AND LINKS TO OTHER WEBSITE/APPS
Smilo.ai Website/App may from time to time provide links and pointers to Internet Website/Apps of third parties(“Third-Party Website/Apps”). These links and pointers to Third-Party Website/Apps are provided as a convenience only.Smilo.ai has not reviewed, and does not operate or control in anyrespect, any information, products, or servicesavailable on Third-Party Website/Apps, and Smilo.ai is not responsible for any information provided at any Third-PartyWebsite/Apps. Smilo.ai makes no representations and provides no warranties whatsoever concerning Third-PartyWebsite/Apps. The fact that Smilo.ai has provided a link to any Third-Party Website/App on this Website/App does notconstitute an endorsement, authorization, sponsorship, or affiliation by Smilo.ai with respect to such Third-PartyWebsite/App or its owners or providers, or any products or services mentioned or offered at the Third-Party Website/App.Smilo.ai expressly disclaims any responsibility for the content, the accuracy of the information, and/or quality ofproducts or services provided by, advertised on, or sold through, all Third-Party Website/Apps. Further, Smilo.aidisclaims any responsibility for the privacy orsecurity of any information exchanged in conjunction with the use of anyThird-Party Website/App.
29. DISCLAIMER OF WARRANTIES
All materials, information, software, products, and services included or available through this site (the”content”) are provided “as is” and “as available” for your use. The content is provided without warranties of any kind,either express or implied, including, but not limited to, implied warranties of merchantability, fitness for aparticular purpose, or non-infringement. Smilo.ai, its subsidiaries, and its licensors donot warrant that the content isaccurate, reliable or correct; that this site will be available at any particular time or location; that any defects orerrors will be corrected; or that the content is free of viruses or other harmful components. Youruse of this site issolely at your risk. Because some jurisdictions do not permit the exclusion of certain warranties, these exclusions maynot apply to you.
30. LIMITATION OF LIABILITY
Under no circumstances shall smilo.ai, its subsidiaries, or its licensors be held liable for any direct, indirect,punitive, incidental, special, or consequential damages that result from the use of, or inability to use, this site.This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or anyother basis, even if smilo.ai has been advised of the possibility of such damage. Because some jurisdictions do notallow the exclusion or limitation of incidental or consequentialdamages, smilo.ai’s liability in such jurisdictionsshall be limited to the extent permitted by law.
Upon a request by Smilo.ai, you agree to defend, indemnify, and hold harmless, SMILO.AI and its subsidiary andother affiliated companies, and their employees, contractors, officers, and directorsfrom all liabilities, claims, andexpenses, including attorney’s fees, that arise from your use or misuse of this website/App. Smilo.ai reserves theright, at its own expense, to assume the exclusive defense and control of any matter otherwise subject toindemnification by you, in which event you will cooperate with Smilo.ai in asserting any available defenses.
Statements made in Websites/App, newsgroups, message boards, e-mail, forums, conferences and chats reflect onlythe views of their authors. Forum managers, forum hosts, or Merchants appearing on Smilo.ai are not authorizedspokespersons, and their views do not necessarily reflect those of Smilo.ai.
33. LICENSES AND IDEA SUBMISSIONS
You agree to grant to Smilo.ai a non-exclusive, worldwide, royalty-free, perpetual license, with the right tosublicense, reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform anymaterials and other information (including, without limitation, ideas contained therein for new or improved products orservices) you submit to public areas of Smilo.ai (such as forums and chat rooms) by all means and in any media now knownor hereafter developed. You hereby waive your moral rights in any such materials and information, and you hereby warrantthat any such materials and information are original with you, or that you have the right to submit such materials andinformation. You agree that you shall have no recourse against Smilo.ai for any alleged or actual infringement ormisappropriation of any proprietary right in your communication to us.
34. THIRD PARTY RIGHTS
The provisions of the Sections entitled Health Information Disclaimer, Disclaimer of Warranties, Limitation ofLiability and Indemnification are for the benefit of Smilo.ai and its officers, directors, employees, agents,licensors,suppliers, and information providers. Each of these individuals orentities shall have the right to assert andenforce those provisions directly against you on its own behalf.
35. INTERNATIONAL USE
Smilo.ai makes no representation that materials on this Website/App are appropriate or available for use inlocations outside India and accessing them from territories where their contents are illegal is prohibited. Those whochoose to access this Website/App from other locations do so on theirown initiative and are responsible for compliancewith local laws.
36. LIMITED LICENSE
By this Agreement, Smilo.ai grants, subject to the terms of this Agreement, only a limited, non transferable andnon-exclusive license to use the software and documentation necessary to access,explore and otherwise use Smilo.ai inreal time and to use the materials on this Website/App in a manner consistent with this Agreement.
37. CHOICE OF LAW AND FORUM
38. SEVERABILITY AND INTEGRATION
39. NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEBSITE.
Any software that is made available to download from this website (“Software”) is the copyrighted work of Smilo.aiand/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, whichaccompanies or isincluded with the Software (“License Agreement”). An end user will be unable to install any Softwarethat is accompanied by or includes a License Agreement, unless he or she first agrees to the terms of theLicenseAgreement. The Software is made available for downloading solely for use by end users according to the LicenseAgreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expresslyprohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximumextent possible. Without limiting the foregoing, copying or reproduction of the software to any other server or locationfor further reproduction or redistribution is expressly prohibited.
40. NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS WEBSITE
In no event shall smilo.ai and/or its respective suppliers be liable for any special, indirect or consequentialdamages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract,negligence or other tortious action, arising out of or in connection with the use or performance of software, documents,provision of or failure to provide services, or information available from this server.
41. USER INFORMATION
In addition to information collected by technology, some parts of our Website/App may ask youto provide personal information. You will know when you are sharing personal information with us because you will needto send a message, fill out a form or application or answer questions, upload pictures and then agree to provide thisinformation to us. If you choose to share personal information with us, we will use the information only for thepurposes you have authorized. Our Website/App uses online surveys to ask you for information and/or forms for you torequest information, products, and services. These online surveys or forms may ask you to provide personal informationlike contact information (like home or email addresses or phone numbers), health Information (like health history,previous prescriptions, health issues), unique identifiers (like PAN card/Aadhar card or others), and financialinformation (like account or credit card numbers). Contact information from these forms is used to respond to requestsfor information, send orders to you, or to contact you when necessary or requested. You may opt-out of receiving futuremailings. Financial information that is collected is used to bill you for products and services you have requested.Unique identifiers (such as PAN card/Aadhar card) are collected from Web Website/App visitors to verify your identityand for use as account numbers in our recordsystem. Some of the information we collect or that you provide may be savedfor a designated or indefinite period of time, but we will not disclose the information to third parties or governmentagencies, unless required to do so by law. In no event shall smilo.ai and/or its respective suppliers/healthcareproviders be liablefor any special, indirect or consequential damages or any damages whatsoever resulting from loss ofuser information (personal & medical), negligence or other tortious action, arising out of or in connection with theloss off user information, provision of or failure to provide services, or information available from this website/app.
42. RULES OF USE
By posting information on or through this website/App, you agree that you will not upload, post, or otherwisedistribute or facilitate distribution of any content including text, communications,software,images, sounds, data, orother information that:
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including, but not limited to, sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates Smilo.ai ’s rules or policies;
- Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
- Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
- Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
- Impersonates any person or entity, including any employee or representative of Smilo.ai. You also agree that you will not harvest or collect information about the users or members of this Site or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic e-mail or communication.
- Smilo.ai generally does not pre-screen, monitor, or edit the content posted by users on or through this Website/App. However, Smilo.ai and its agents have the right, at their sole discretion, to remove any content that, in Smilo.ai ‘s judgment, does not comply with the Rules of User Conductor is otherwise harmful, objectionable, or inaccurate. Smilo.ai is not responsible for any failure or delay in removing such content.