User disclaimer & terms and conditions for using cloudchowk portal online.
Terms and Conditions for online usage
I acknowledge and accept the terms and conditions for using cloudchowk portal mentioned herein below and declare as under:
I, the person making access to use cloudchowk portal, declare that I am accepting the terms and conditions attached with the use/access of cloudchowk portal.
Terms of Service
These Terms of Service (“Terms”) govern my access to and use of the services, including any acceptance/acknowledgment furnished by me to cloudchowk personally or to my medical facility or otherwise. My access to and use of the cloudchowk portal are conditional on my acceptance of and compliance with these Terms. By accessing or using the cloudchowk portal I agree to be bound by these Terms.
1. Basic Terms
I agree that I am responsible for my use of cloudchowk portal, for any mishandling of cloudchowk portal or any medical report therein, except my viewing of my personal details, and for any consequences, legal or otherwise, thereof. The cloudchowk shall not be liable or responsible for any mishandling by me and I shall always keep cloudchowk indemnified for any such misuse, mishandling etc. by me. Tip
Any facility provided by cloudchowk to its users is user specific and the user (it) shall not encroach upon (in) the information or contents of any other user by misusing/abusing such facility as the same shall amount to violation of privacy of other user. Any such violation shall necessarily follow legal consequences.
The cloudchowk has provided me with a unique code (I.D.) through the medical facility from where I was/am/will be enrolled (or in case I am directly enrolled, then through cloudchowk itself). This code has been provided to me the moment I registered for the very first time with a cloudchowk portal facility enabled medical facility. I have made aware that immediately after such registration with the said medical facility, I will be provided with a password via SMS/E-mail (if provided) or direct printout from the concerned medical facility. Delivery of such password shall be the acceptance & acknowledgement from me that I have minutely gone through & understood the contents of this disclaimer and I shall abide by all the terms and conditions enshrined herein. I know that the password provided to me is changeable and cloudchowk strongly recommends changing the same. I shall be responsible for any consequences arising out of misuse/abuse of my account in future due to non-changing of the password. I am responsible for safeguarding the password that I use to access cloudchowk portal and for any activities or actions under my password. cloudchowk portal has encouraged me to use a “strong” password (passwords that use a combination of upper and lower case letters, numbers and symbols) with my account. I am aware that the cloudchowk cannot and will not be liable for any loss or damage arising from my failure to comply with the above.
4. Data of user
I am aware and therefore acknowledge the same that the clinical data, as recorded with the medical facility through cloudchowk portal shall also be the property of cloudchowk. I permit the use of such data except my personal data namely my name & specific address excluding the area (anonymous use). I further permit cloudchowk to use such data for any activity legally permissible (legal purpose) viz. providing the same to any company etc. for research etc. I shall never claim any compensation, damages etc. for such use of my clinical data for all the purposes legally permissible and practically possible. I shall also keep indemnify the cloudchowk from any criminal prosecution for any such use of my clinical data available and in possession of the cloudchowk.
5. Charges to use cloudchowk portal
I am aware that my registration with the medical facility or my direct enrolment with cloudchowk or my first access to cloudchowk portal is subject to my payment of Rs.10/- (only once in lifetime) either directly or through my medical facility to cloudchowk and I agree to the same. I accept any future change in the policy of cloudchowk. I am also aware that any payment/charges made/paid against any such usage charge shall be the sole responsibility of the user i.e. me and that I shall not claim any compensation/damages for any such use in lieu thereof. I am also aware that any charges to such effect, if made applicable in future, cloudchowk shall intimate the user about the same.
6. Copyright Policy
I am aware and acknowledge that the cloudchowk respects the intellectual property rights of others and expects users of the cloudchowk portal to do the same. In case of any violations therein, I allow cloudchowk to take appropriate steps, legal or otherwise, in order to correct such violations and for getting adequately compensated for the same.
7. Ending These Terms
I acknowledge and accept that these terms will continue to apply until terminated by either me or cloudchowk as follows.
In case I wish to terminate this agreement with cloudchowk, I shall contact cloudchowk for the same from the website of cloudchowk. However, I agree that the data in possession of cloudchowk immediately prior to such termination will always remain the property of cloudchowk having user permission by me in above terms. I am also aware that cloudchowk may suspend or terminate my account or cease providing me with all or part of the cloudchowk portal at any time for any reason, including, but not limited to, if cloudchowk reasonably believe: (i) I have violated any of the terms of this agreement, (ii) I have created risk or possible legal exposure for cloudchowk. I am also aware that cloudchowk will make reasonable efforts to notify me by the email address associated with my account or the next time my attempt to access my account.
8. Disclaimers and Limitations of Liability
[Please read this section carefully since it limits the liability of cloudchowk and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors. Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.]
A. The Services are Available on “AS-IS” basis.
I know that my access to and use of the services or any content are at my own risk. I understand and agree that the services are provided to me on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, I endorse THE CLOUDCHOWK DISCLAIMING ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
I understand and agree that the cloudchowk makes no warranty and disclaims all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the services or any content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the services or any content; (iii) the deletion of, or the failure to store or to transmit, any content and other communications maintained by the services; and (iv) whether the services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. I understand that No advice or information, whether oral or written, obtained from the cloudchowk or cloudchowk portal, will create any warranty not expressly made herein.
I understand and agree that the services may contain links to third-party websites or resources. I acknowledge and agree that the cloudchowk is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the cloudchowk of such websites or resources or the content, products, or services available from such websites or resources. I acknowledge sole responsibility for and assume all risk arising from my (your) use of any such websites or resources.
C. Limitation of Liability
I UNDERSTAND AND AGREE THAT:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CLOUDCHOWK SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) MY ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF MY RECORDS (TRANSMISSIONS) OR CONTENT. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE CLOUDCHOWK HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
9. General Terms
A. Waiver and Severability
I understand and agree that the failure of cloudchowk to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
B. Controlling Law and Jurisdiction
I agree that these Terms and any action related thereto will be governed by the laws of Republic of India without regard to or application of its conflict of law provisions or my state or country of residence. All claims, legal proceedings or litigation arising in connection with the services will be brought solely in the Courts of competent jurisdiction in Delhi, India, and I consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
C. Entire Agreement
I understand and agree that these Terms, including my agreement with my medical facility etc. are the entire and exclusive agreement between cloudchowk and me regarding the use or services rendered by cloudchowk portal, and these Terms supersede and replace any prior agreements between cloudchowk and me regarding the use/access of/to cloudchowk portal. cloudchowk may revise these Terms from time to time, the most current version will always be at the website of cloudchowk. However, every change/revision will be indicated every time user clicks on the ‘Disclaimer’ and no new notification would be required to be sent to user in this regard.
For the purposes of this disclaimer:
cloudchowk means Cloudchowk Solutions Private Limited,
cloudchowk portal means an online portal by cloudchowk to store and access personal medical records along with other personal and health related information.
Medical Facility means any clinical laboratory, hospital, clinic, or any other medical aid associated with cloudchowk.
The cloudchowk portal is operated and provided by cloudchowk Solutions Private Limited, D-1 Second Floor, Defence Colony, New Delhi – 110024. If you have any questions about these Terms, please contact us.
Effective: Jan. 11, 2014