TERMS & CONDITIONS- WEBCARDIO SYSTEM
YOU MUST CAREFULLY READ AND UNDERSTAND THESE TERMS AND CONDITIONS BEFORE VISITING,DOWNLOADING, INSTALLING AND USING THE WEBCARDIO WEBSITE AND ONLINE PORTAL WWW.WEBCARDIO.COM (HEREIN AFTER REFERRED TO AS ‘PORTAL’) AND WEBCARDIO MOBILE APPLICATION (HEREINAFTER REFERRED TO AS THE “APP”) WHICH IS OWNED AND OPERATED BY GADGEON MEDICAL SYSTEMS PRIVATE LTD (HEREINAFTER REFERRED TO AS “GMS”), HAVING ITS REGISTERED OFFICE AT 37/1100, FATHIMA TOWER, OFF SEAPORT AIRPORT ROAD, THRIKKAKARA, KOCHI- 682021, KERALA HEREINAFTER REFERRED TO AS ” WEBCARDIO “,”WE” AND “US”).
1. NATURE AND SCOPE OF THE WEBCARDIO APP/WEBSITE/ONLINE PORTAL
1.1 The WEBCARDIO application is a part of WEBCARDIO system, enabling the transmission, storage , review and analysis of Electrocardiogram (ECG) of the user ,generating out of the ECG monitoring body worn biosensor ( herein after referred to as ‘BIOSENSOR”) fastened to the body of the user as per the advice of a qualified medical practitioner using the Mobile application developed and owned by GMS named ‘WEBCARDIO’ enabling the Qualified Medical Practitioner to evaluate , and diagnose on the medical condition of the heart of the user . The webcardio website and online portal www.webcardio.com are also a part of webcardio system and it showcases the activities of GMS along with an interactive platform for the doctors and GMS for availing the services offered by the GMS
1.2 The WebCardio System consists of
· A Wearable continuous ECG recording device : WebCardio Biosensor
· Android / IOS App : WebCardio App
· Cloud based ECG storage and retrieval system : WebCardio Cloud
· Rhythm interpretation and reporting service :WebCardio Services
· Website and online portal : www.webcardio.com
2.BINDING NATURE
2.1 this terms and conditions (hereinafter referred to as “terms”) as well as the privacy policy, and all other applicable laws and regulations governs
(i)your access and use of the app as well as the website , irrespective of whether you are a registered user or a visitor (which means that you simply browse the app/website without limitation, through a mobile or other wireless device, or otherwise use the app without being registered).
(ii) Your Access and use of the WEBCARDIO Biosensors
2.2 the terminologies “you”, “your”, “user” and “users” shall be read in context, and shall refer to you. By using or accessing or downloading the app/website to view the contents, you agree to be bound by these terms.
2.3 in case of an organization, company or branch of government, you represent and warrant that you have the authority to legally bind your company or organization and your company or organization will be bound by the obligations and restrictions of these terms. Any and all references herein to ‘you’ or ‘your’ will include your company or organization.
2.4 if you do not agree to the terms or do not have the authority to bind your organization or company to these terms, then do not access, avail, download or use the app/website.
It is presumed that, on downloading the application and accessing the website you have understood the terms and conditions and bound by it and that the terms shall construe an agreement between you and GMS.
2.5 The above referred services are provided to you subject to these WEBCARDIO’ Terms of Use (these “Terms“). For the purpose of the Terms and wherever the context so requires, the terms “you” and “your” shall mean any person who uses the ‘WEBCARDIO SYSTEM’ or downloading, accessing or using, WEBCARDIO APP’ or WEBCARDIO WEBSITE and its content, in any manner. By using the Service, you agree to comply with these Terms. Additionally, when using the Service, you agree to conform to any applicable posted guidelines for such Service, which may change or be updated from time to time at GMS ‘s sole discretion. You understand and agree that you are solely responsible for reviewing these Terms from time to time. In case of difference of opinion on any term or condition of these Terms, any guideline, or any subsequent changes thereto or become unhappy with WEBCARDIO SYSTEM or the Service in any way, your only choice is to immediately discontinue/uninstall use of WEBACARDIO APP/ONLINE PORTAL These Terms may be updated by GMS at any time at its sole discretion.
3.DESCRIPTION OF SERVICE AND CONTENT POLICY.
3.1 GADGEON MEDICAL SYSTEMS PRIVATE LTD is a private limited company that is registered with Registrar of Companies, under the Companies Act,2013. (hereinafter referred as GMS ) providing ‘Multiday Disposable Wireless Holter Monitoring system, (herein after referred as the ‘WEB CARDIO SYSTEM”) enabling the transmission, storage , review and analysis of Electrocardiogram (ECG) of the user ,generating out of the ECG monitoring body worn biosensors herein after referred to as ‘Biosensor”) fastened to the body of the user as per the advice of a qualified medical practitioner using the Mobile application developed and owned by GMS named ‘WEBCARDIO’ enabling the Qualified Medical Practitioner to evaluate , and diagnose on the medical condition of the heart of the user along with a website/online portal acting as an interactive platform between doctors and GMS.
3.2 The WebCardio System consists of
· A Wearable continuous ECG recording device : WebCardio Biosensor
· Android/IOS App : WebCardio App
· Cloud based ECG storage and retrieval system : WebCardio Cloud
· Rhythm interpretation and reporting service :WebCardio Services
· Website and online portal : www.webcardio.com
Once the procedure is started, the WebCardio Biosensor continuously records the ECG. The ECG data is periodically transmitted to the mobile App in patient’s Android Phone, which then automatically transmits the data to WebCardio cloud backend. Cardiographic technicians analyse the ECG and generates reports. These reports are delivered to the prescribing doctors and also made available to them online. The webcardio website/online portal www.webcardio.com acts as an interactive platform between the doctors and GMS for availing the services of GMS.
4.AMBIT OF TERMS OF USE
4.1 The terms and conditions cover regarding the
a. access and use of the WEBCARDIO system
b. Instructions for use of the BIOSENSOR used in the WEBCARDIO system as provided as Annexure to this Terms and Conditions
c. Access and use of the WEBACARDIO Mobile Application,
d. access and use of webcardio website/online portal.
5. ELIGIBILITY
5.1 Use and access to the WEBCARDIO SYSTEM including the Webcardio Mobile App/website/online portal and Webcardio Biosensor as described in clause 3.2, is available to all persons who can be legally bound by contract and who are not disqualified or declared incompetent under the Indian Contract Act, 1872. If You are a minor i.e. under the age of 18 years, or legally incompetent to enter into a contract, You can only become an User of the Webcardio App/Webcardio system only through legal guardian or parents . GMS reserves the right to terminate such use and/ or refuse to provide You with access to the App / system if it is brought to GMS’s notice that the person user is not legally competent or not properly represented by legal guardian .
6. CONSENT
6.1 You hereby grants express and voluntary consent
a. to subject yourself to the WEBACARDIO SYSTEM, enabling the recording, storage of your ECG by the BIOSENSOR fastened to your body
b. To transmit your stored ECG data to the WEBCARDIO Cloud and TO STORE AND USE THE DATA AS PROVIDED IN THE PRIVACY POLICY
6.2 . You have granted the consent after going through and understanding the instruction for use regarding the webcardio biosensor as provided as annexure to these terms and conditions which in detail, cover mode of use of the biosensor .
7. TERM AND TERMINATION:
7.1. These Terms, and any posted revision, shall remain in full force and effect while you use the Webcardio System and certain provisions may continue to apply even after termination. You may terminate this Agreement by uninstalling or deleting the App at any time, for any reason. GMS may terminate this Agreement by deleting Your account or profile without assigning any reasons whatsoever. On termination of this Agreement, Your profile contents and other information shall be used for archival , legal purposes or as provided in the Privacy Policy. We reserve the right to change these Terms from time to time. If You do not agree to any such changes, You have the discretion to discontinue from accessing, availing or using the App/website/online portal. Continued access or use of the App/ website/online portal. following notice of any such changes will indicate Your acknowledgement of such changes and You will be bound by such revised Terms.
8. COMMUNICATIONS:
8.1 When You use the App/ website/online portal or send emails or other data, information or communication to GMS, You agree and understand that You are communicating with GMS through electronic records and You consent to receive communications via electronic records from GMS periodically and as and when required. GMS may communicate with You by email provided by You, or through SMS, Phone calls in Your Mobile Number or at the time of registration or by any other mode of communication, electronic or otherwise. However, GMS does not assure absolute confidentiality or security of information provided to GMS from Your side.
9. YOUR LICENSE AND USE OF THE WEBCARDIO APP/website/online portal:
9.1Subject to the Terms and Conditions and Your payment of required fees, if any, GMS hereby grants You only a limited, non-transferrable, non-exclusive, revocable license to make personal and non-commercial use of the App/website/online portal..
9.2 The App is licensed, not sold, to You, and GMS retains ownership of all copies of the App even after installation on Your devices. In the same manner, accessing the website/online portal do not give any right to you as to the contents of the website . GMS may assign this License Agreement or any part of it without restrictions. You are not allowed to assign, transfer or sub-license your rights under this license, to any third party.
10. PROPRIETARY RIGHTS IN CONTENTS:
10.1 User hereby agree, undertake and confirm that all right, title and interest in the App/website/online portal is retained with GMS and that this Agreement only licenses usage of App by the User(s)/ providing access to the website subject to the terms and conditions of the Agreement. User(s) hereby confirm that this Agreement does not amount to transfer of any proprietary interest by GMS to the User, and that all right, title, and interest in the contents in the app/website/online portal is an absolute property of GMS and continues to vest with GMS
11. INTELLECTUAL PROPERTY:
11.1 The copyright, trademark, patent or other intellectual property rights in the contents of the App /website/online portal (including, without limitation, all designs, logos, names, text, sound recordings, music, images, graphics, video and links) are owned by GMS or the respective third party entities as identified on the App. No license or right is granted and use of the App/ accessing the website/online portal by User(s) therein shall not constitute by implication, estoppel or otherwise, any license or right of use of the Intellectual property right over the App/website/online portal. . As such, User shall not reproduce, transmit, republish, upload, post, perform, broadcast, adapt, parody, distribute, display, license and/or alter in whole or in part any of the foregoing in any manner without the express permission of GMS.
11.2 User shall not download or encourage others to download copyrighted works, trademarks, or other proprietary information contained in the App/Website/online portal without obtaining the prior written consent of the owner of the Intellectual Property. In the event of infringement, GMS may on its own sole discretion to take necessary steps to remedy the same.
11.3 “Intellectual Property” refers to any invention, creation, work, algorithm, source code, object code or other code, design, Confidential Information, Product and so on which have been acquired, or in the process of being acquired, or capable of being acquired as patent, copyright, trademark, trade secret, or any other type of Intellectual Property.
12 CONFIDENTIALITY:
12.1 User hereby agree that User shall not disclose any confidential information to any third party about the App/ website/online portal. / or GMS which User have come into possession by virtue of downloading, installing, accessing or using the App, or in any other manner. User also agrees that in any event, if such confidential information is disclosed by User in violation of this Agreement, GMS may on its own sole discretion, terminate this Agreement by deleting the Accounts of the User(s), without any notice to User(s) or to take any other legal measure which is considered reasonable and legitimate.
12.2 In the event the User(s) are aware that the Confidential Information is passed to any third party, User(s) shall immediately inform GMS regarding the same.
12.3 “Confidential Information” shall mean any information, including but not limited to processes, methods, systems, business information, technological information, sales information, client information, which is deemed confidential by GMS and is disclosed to the User(s) in any manner.
13 REPRESENTATIONS AND WARRANTIES:
13.1 The App/website/online portal and information provided by GMS as is” and on an “as available” basis and GMS, its officers, directors, employees, and agents make no warranties and hereby disclaim any express or implied warranties, including, but not limited to, the implied warranties (collectively, “warranties”) of merchantability and fitness for a particular purpose. In no event shall GMS be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of this App, even if advised of the possibility of such damage.
13.2 GMS makes no representations or guarantee that the App/ website/online portal will be free from loss, destruction, damage, any unauthorized access to or use of GMS’s secure servers and/or any and all personal information and/or financial information stored therein, corruption, attack, any interruption or cessation of transmission to or from the App/ website/online portal, any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the App website/online portal by any third party, and/or any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any of the Content accessible via the App/ website/online portal.
13.3 The contents accessible by use of the App/ website/online portal by the User(s) include materials that belong to third parties. User(s) acknowledge that GMS assumes no responsibility for such contents.
13.4 GMS makes no representations or guarantees that the App/ website/online portal will be free from any bugs, viruses, Trojan horses, or the like which may be transmitted to or through our App/ website/online portal by any third party, and/or any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any contents accessed by the User through the App/ website/online portal.
13.5 GMS does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party including a service provider through the use of the App/ website/online portal. or any hyperlinked services or featured in any banner or other advertising, and GMS will not be a party to or in any way be responsible for monitoring any transaction between User(s) or third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, User(s) should use best judgment and exercise caution, interference, personal injury or property damage, of any nature whatsoever, resulting from the access to and use of the App/ website/online portal.hacking, or other security intrusion by User(s), and GMS disclaims any liability relating thereto.
13.6 GMS makes no guarantees, representations, or warranties that use or results of the App/ website/online portal will be accurate, timely, reliable, uninterrupted, or without errors. Without prior notice, GMS may modify, suspend, or discontinue any part or all of the App/ website/online portal or use of the App/ website/online portal. by User(s). In such event, GMS will not be liable to User(s) or any third party.
13.7 GMS will not be liable for any adverse consequence suffered by the user based on any medical advice given by the Doctor based on the ECG data supplied by GMS.
13.8 To the maximum extent permitted by applicable law, in no event shall GMS be liable for any direct, indirect, incidental, punitive, special or consequential damages, for loss of profits or confidential or other information, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever arising out of or in any way related to the use or inability to use the app/ website/online portal. and any loss or damage arising out of or in relation to acts of god or act of third party that is beyond the control of GMS.
14 ACTIVITY PROHIBITED:
14.1 You agree, undertake and confirm that Your use of the App/website/online portal shall be strictly governed by, including but not limited to the following:
i. You shall not alter or modify any part of the App/website/online portal use the App/ website/online portal. for any illegal purpose or break the source code used in the App/ website/online portal.
ii. You shall not reformat or frame any portion of any web page that is part of the App/ website/online portal.
iii. You shall not collect or harvest or attempt to collect personal data, or any other kind of information about other Users, including without limitation, through spidering or any form of scraping;
iv. You shall not post advertisements, promotions or solicitations of business or solicit Users or post spam or any other form of solicitation or spam; post or transmit any communication or solicitation designed or intended to obtain the password, account or private information from any other User;
v. You shall not deliberately impersonate another person, whether real or fictional or otherwise misrepresent Your affiliation with a person or entity, for example, by registering an account in the name of another person or company, or sending messages or making comments using the name of another person impersonate other Users or otherwise fake Your identity;
vi. You shall notrent, sell or transfer or lease or offer to sell or transfer access to the App/ website/online portal and/or any WEBCARDIO APP/online portal account or permit any third parties to use Your name and password, or any Contents on the App.
vii. You shall not resell or commercially use the App website/online portal or any of its Contents, or download or copy account information for the benefit of Yourself or any third-party. The App/ website/online portal is for personal use only and may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose;
viii. You shall not authorize any third party to use Your account;
ix. You shall not commit or engage in, or encourage, induce, solicit or promote, any conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law or regulation; or use the website/online portal/App for any illegal or unauthorized purpose; You agree to comply with all local laws applicable to Your conduct and the content and information, including hyperlinks, that You upload, store, share or transmit using the App/ website/online portal.;
x. You shall not alter or remove, attempt to alter or remove any trademark, copyright or other proprietary or legal notices contained in, or appearing on, the App/ website/online portal or on any Contents appearing on the App website/online portal.. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, content, music, text, page layout, or form) of GMS and our affiliates or other Users. You may not use any meta-tags or any other “hidden text” utilizing GMS ‘s name or trademarks without the express written consent of GMS. Any unauthorized use terminates the permission or license granted by GMS. You may not use any GMS logo or other proprietary graphic or trademark as part of the link without GMS ‘s advance express written permission.
xi. You shall not employ scraping or similar techniques to aggregate, repurpose, adapt, copy, republish, make available or otherwise communicate to the public, display, perform, transfer, share, distribute or otherwise use or exploit the Contents except via the features provided in the App/ website/online portal..
xii. You shall not, permit any third party to, copy or adapt the object code of the App/ website/online portal or reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of the App/ website/online portal., or circumvent or attempt to circumvent or copy any copy protection mechanism or access any rights management information pertaining to Contents;
xiii. You shall not transmit any viruses, worms, defects, Trojan horse, cancel bots, spyware, other items of a contaminating or destructive nature, adware, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology harmful code, flood pings, malware, bot, time bomb, worm, or other harmful or malicious component, which or might overburden, impair or disrupt the App/ website/online portal or networks forming part of, or connected to, the App/website/online portal., or which does or might restrict or inhibit any other User’s use and enjoyment of the App/ website/online portal.;
xiv. You shall not stalk, exploit, threaten, abuse or otherwise harass another User, or any GMS employee;
xv. You shall not violate, circumvent or attempt to violate or circumvent any data security measures employed by GMS; access or attempt to access data or materials which are not intended for Your use; log into, or attempt to log into, an account which You are not authorized to access; attempt to scan or test the vulnerability of GMS’s server, system or network or attempt to breach GMS’s data security or authentication procedures; attempt to interfere with the App/website/online portal by any means including, without limitation, hacking GMS ‘s servers or systems, submitting a virus, overloading, mail-bombing or crashing. insult, harass, threaten, molest or intimidate other Users;
xvi. You shall not use any robot, spider, offline readers, site search and/or retrieval application, or other device to retrieve or index any portion of the App/ website/online portal., with the exception of public search engines; use any robot, spider, scraper or other automated means to access, analyze or copy the App website/online portal. and/or information (whether our information or other User’s information),
xvii. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules there under as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to GST, Income Tax, Central Excise, Custom Duty, Local Levies).
xviii. You agree to comply with the above conditions and acknowledge that GMS has the right, in its sole discretion, to terminate Your account or take action as in our sole discretion is necessary if You breach any of the above conditions or any of the other provisions of this Terms;
xix. You understand that we have the right at all times to disclose any information (including the identity of the persons providing information or materials on App/ website/online portal. as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order. In addition, we can (and You hereby expressly authorize us to) disclose any information about You to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury; Throughout these Terms, GMS ‘s prior written consent means a communication coming from GMS’s Legal Department, specifically in response to Your request, and specifically addressing the activity or conduct for which You seek authorization.
xx. No part of the App/website/online portal. and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, downloaded or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise. GMS shall have all the rights to take necessary action and claim damage in case of any violation. Such action may also involve terminating of the permission for User to use the App/website/online portal. by deleting User Account.
14.2 You agree, undertake and confirm that Your use of the WEBACARDIO Biosensor shall be strictly governed by, including but not limited to the following:
a. The use of the “BIOSENSOR” shall be done strictly according to the instructions for use as provided as Annexure 1 to this agreement.
b. The user shall use the “BIOSENSOR” with utmost care and caution
c. The user acknowledges that, he has thoroughly understood that, any failure to follow the instructions for use will affect the proper and efficient working of the WEBCARDIO SYSTEM .
d. The user shall dispose the Biosensor properly after the use without causing any damage to environment and it is the responsibility of the user to ensure that the disposal is done in compliance with Environment Protection Laws of the Country.
15 THIRD PARTY CONTENTS:
15.1 It is strictly clarified that, the App/ website/online portal may provide access to Third Party Contents and links to third party websites that are not owned, controlled or endorsed by GMS. GMS is not responsible for any third-party contents, applications, services, advertisements, and/or links that may be contained in the App.
15.2 The information including but not limited to Third Party Contents and other Contents on the App/ website/online portal are made available on the understanding that the GMS and their respective employees and agents shall have no liability (including liability by reason of negligence) to the users for any loss, damage, cost or expense incurred or arising by reason of any person using or relying on the information including but not limited to Third Party Contents and other Contents on the App/ website/online portal and whether caused by reason of any error, negligent act, omission or misrepresentation in the information including but not limited to Third Party Contents and other Contents on the App website/online portal or otherwise.
15.3 GMS takes no responsibility for the accuracy, reliability correctness of the information including but not limited to Third Party Contents and other Contents on the App/ website/online portal or for the accuracy, reliability correctness and currency of links or references to information sources including but not limited to websites or internet sites outside of the App/ website/online portal Links to other websites or internet sites are not under the control of GMS and are provided for information only. GMS has not reviewed or approved any content that appears on the linked websites.
16 INDEMNITY:
16.1 User hereby agrees to indemnify, defend and hold GMS (including all its officers, directors and employees) harmless from and against any and all damages, liabilities, costs and expenses, including attorney’s fees and expenses, arising out of, incident to, or resulting directly or indirectly from the use of the App/ website/online portal in a manner inconsistent with this Terms. Notwithstanding its reasonable efforts, GMS cannot take responsibility or control the contents made for access through the App website/online portal.
17 LAW, JURISDICTION AND ARBITRATION:
17.1 The construction of these Terms shall be determined in accordance with laws and rules in force in India and shall be subject to the exclusive jurisdiction of the Courts in Ernakulam and no other court.
17.2 All disputes arising under or in relation to the Terms shall be referred to arbitration before a sole arbitrator. If the Parties fail to agree on the appointment of a sole arbitrator within the time stipulated under the [Indian] Arbitration and Conciliation Act, 1996 (the “Act”) the Parties shall approach the competent Court under the Act for appointment of the Sole Arbitrator. The Arbitration proceedings shall be carried out in accordance with the Act and the Rules framed there under and the place of Arbitration shall be Ernakulam The arbitration proceedings shall be conducted in English. The arbitrator’s award shall be final and undisputable by both Parties.
18 SEVERABILITY:
18.1 If any provision in the Terms become invalid or illegal or adjudged unenforceable, the provision shall be deemed to have been severed from the Terms and the remaining provisions of the Terms shall not, so far as possible, be affected by the severance.
19 WAIVER:
19.1 The failure of GMS to enforce at any time any of the provisions of this Terms shall not be construed to be a waiver of its right, power, privilege or remedy or as a waiver of any preceding or succeeding breach on Your part to this Terms nor shall any single or partial exercise of any right power privilege or remedy preclude any other or further exercise of such or any other right power privilege or remedy provided in this Terms all of which are several and cumulative and are not exclusive of each other or of any other rights or remedies otherwise available to GMS at law or in equity.
20 Force majeure AND ACT OF THIRD PARTIES:
20.1 The performance of any part of this Terms by GMS shall be excused to the extent that such performance is hindered, delayed, or made impractical by flood, fire, war, or riot or any other cause beyond the reasonable control of GMS or act of any third party beyond the control of GMS including but not limited to hacking, data theft, unauthorised access to Your account, impersonation, fraud, misrepresentation and so on.
21 MODIFICATION:
21.1 GMS can update, modify, suspend, discontinue or change any part of these Terms from time to time The revised Terms will be posted as notification here on this link www.webcardio.com. Users are encouraged to periodically check this page to stay informed about changes to the Terms. The revised Terms will be effective from the date stated on the revised Terms. You acknowledge and agree that it is Your responsibility to review these Terms periodically and become aware of modifications. If You disagree to any of the changes to the Terms, please refrain from accessing or using the App. Your continued access or use or availing of the App following the posting of revised Terms will indicate Your acceptance and acknowledgement of the changes and You will be bound by it.
22 SURVIVAL:
22.1 These Terms, and any modifications, alterations or amendments to, shall remain in full force and effect while You use the App and the provisions related to Intellectual Property, Warranties and Indemnity shall continue to apply even after termination of this Agreement.
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, Privacy Policy and Terms for access or usage of the App.
I have read and understood the Terms and Conditions and instructions for use as provided in Annexure I hereby, out of my free will, unconditionally accept to be bound by the same.
Annexure -Instructions for use
Do’s & Do not’s for Patients
1. WebCardio App should be opened at predefined time (at 7AM & 7PM) for data transfer from device as explained at the start of procedure. Please keep the phone near the patient at the time of data transfer. Keep the App open for 8-10 minutes. After data transfer, TURN OFF HOTSPOT screen will appear. Click on the button to Turn off Hotspot. If you cannot do data transfer at predefined time(7 AM,7PM), please complete it as soon as possible. Please connect to Internet after the data transfer for 10 to 15 minutes.
2. Avoid excessive sweating or very intense physical activity to avoid the device from getting dislodged.
3. Please ensure device do not get wet (Avoid Shower, Rain, Spilling water)
4. Ensure that the device is not removed, and it is intact throughout the procedure. In case of any damage to device or dislodging of the device, please contact the customer care number immediately.
5. Avoid wearing tight clothes over the device or wearing chains.
6. Do not sleep in prone position (lying on the chest) , or towards left side. Avoid covering the device with thick blankets.
7. Reporting symptom:
During the procedure, if you experience any symptoms, please open WebCardio App and Click on REPORT SYMPTOMS and Press REPORT. If Report Symptoms is clicked by mistake, click on the CANCEL button. If there is any delay in reporting the symptom please enter the correct time and date using the edit option.
Make sure that you are noting down the Symptoms in the Holter Diary(printed format provided to you) and do carry them at the time of next visit to doctor. Please specify each symptom along with date & time, Symptoms description and duration and the activities that you were doing when the symptom occurred.
8. Do not change the phone’s Hotspot Configuration settings DATE, TIME, or SIM under any circumstances
9. During the Procedure end time, sync the data and connect the phone to Internet
Display Screen will display…
Procedure is completed, Data upload in progress…
FINISH button will appear on the screen once data is uploaded. Press on the FINISH button and carefully remove the device and disposed off . For smooth removal of device 2-3 drops of oil can be used if required.
Report is sent to Doctor or hospital within 24 hrs of the procedure completion. In case if you require a copy of the report provide your Email Id. In case if the report is not received within 24 hrs please contact the hospital or Customer Care Number (08047188222)
10. Do not uninstall WebCardio App until report is received or 48hrs of procedure completion.
11. In case of any queries during the procedure please contact our Customer Care Number (08047188222)
12.MRI SCAN/Chest X-ray should not be done during the procedure.
All the instructions should be followed to ensure proper/complete data and report