Term of Use agreement

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Term of Use agreement

Term of Use agreement

PLEASE READ THESE TERMS OF USE CAREFULLY. BY CONTINUING TO ACCESS AND USE THIS APPLICATION YOU CONFIRM THAT YOU ACCEPT OUR TERMS AND CONDITIONS DESCRIBED HEREIN. IF YOU DO NOT AGREE THE TERMS OF USE, DO NOT USE THIS APPLICATION.

Introduction

Welcome to your Mind Zillion Health account. The Services (defined below) are provided by Mind Zillion Private Limited (together with its Associates, and international affiliates, hereinafter "Mind Zillion," "Mind Zillion Health, "MZ," "MZH," "us," "we," or "our" or "ACCOUNT"), having its corporate office at 401, Bldg No.B1 , Boomerang Equity Bussi Park, CTS No. 4 ETC, Chandivali Farm Road, Kurla near Hindustan transmission Compound, Andheri East Mumbai-400076

Mind Zillion Health provides software or services (“Services”) to help patients (“User,” or “You”) manage their own health data (hereinafter “Data” i.e. medical history etc. So that you can control who can use, access, manage or change your data in your account with MZH.

Application

Mind Zillion is the author and publisher of the Application, which shall mean the mobile application, website, blog contained therein, queries answered by Our team over email, phone or any other medium and all variants, tools, editions, add-ons, and ancillary products or services of the Application (including all files and images contained therein or generated by the software, and accompanying data, herein referred to individually or collectively as “Application”). The Application may be used by Users (defined below) to avail Services and/or to find, access, manage and organize information including but not limited to personal or non-personal information, doctor/consultant information, appointments, prescriptions, laboratory and diagnostic tests or reports, electronic medical records, and other relevant information.The Application titled 'MIND ZILLION HEALTH’ is purely for informational and educational purposes and is not intended to provide or be used for the diagnosis or treatment of disease or other conditions, including COVID-19. The guidance you receive depends on the accuracy of the information you provide us.

Our Services provide health monitoring, telehealth consultations, medical data analytics, etc. We do not provide medical advice, diagnosis, or treatment. The content provided through our Services is for informational purposes only and should not be used as a substitute for professional medical advice

Registration And Information

You are not required to register with us to view our services or visit or website, but to avail the services offered by us through application, you are required to create a password-protected account.

You will also be required to submit your personal information during the registration process, which may include information related to your name, age, gender, past or present medical history, mobile device and location, recommendation source, among other things. You agree that the information you provide at the time of registration and at all times thereafter will be true, accurate, current and complete. You agree to update this information to keep it true, accurate and complete at all times when using the Services.

By sharing your email address and phone number with us, you agree to be contacted via phone call, SMS notification, mobile application, email, and/or any other electronic means of communication regarding upcoming events, program updates, and deadlines.

Access And Usage Rights Of Users

Non-Registered User : A Non - Registered User is not permitted to access or make use of the Application for any purpose other than the following permitted use:

To browse the Application without accessing any Services.
To use Self-Assessment Tool.
To share the Application via social media applications.

You are solely responsible for safeguarding your password ("Password") at all times and shall keep your Password secure at all times. You shall be solely responsible for all activity that occurs on your Account and you shall notify us immediately of any breach of security or any unauthorized use of your Account. Similarly, you shall never use another's Account without our permission. You agree that you will not misrepresent yourself or represent yourself as another user of the Services.

You hereby expressly acknowledge and agree that you yourself will be liable for your losses, damages and expenses (whether direct or indirect) caused by an unauthorized use of your Account. Notwithstanding the foregoing, you may be liable for our losses or others due to such unauthorized use. Mind Zillion reserves the right to use your social logins to authenticate your identity and/or information provided by you. Mind Zillion reserves the right to use your social logins to get information to pre-fill your application forms. Mind Zillion reserves the right to store any information received from such social login and use it for any future survey, report or any other process that is required for development of these services. Mind Zillion shall not be responsible for any delays in the submission of any information provided by you.

If you find any problem with data within your MZH record, please contact MZH or Customer Institution (i.e. Your Doctor, Hospital etc.). If you find a problem with the data you entered into account, e.g. symptoms, messages and output from home devices, please contact the account directly via Contact@mindzillion.com

Questions related to data protection and privacy can be addressed to Mind Zillion directly at:

Grievance Officer

Sushma Mendonca

Mind Zillion Private Limited

Registered Address: B1-401, Boomerang Equity Business Park, Yadav Nagar, Chandivali, Andheri East, Mumbai-400072 Maharashtra, India.

Corporate Address: A 105/106, Supreme Business Park, Hirandani Gardens, Powai, Mumbai-400076, Maharashtra, India.

Email : contact@mindzillion.com

Full Mind Zillion Health Account Service Agreement

1. What the Service Agreement Covers

At Mind Zillion Health we store patient data for the use of MZH, its licensors and Customer institutions along with software and service tools that help Customer institutions in managing the data. References to your Customer Organization in this Service Agreement means the legal person that employs clinical, health or care workers to perform health services for you. If your customer institution uses the services of the Account, it will ask you to read this Service Agreement. This Service Agreement sets out the terms and conditions that apply on you, the Customer Institution and Mind Zillion in relation to the use of the Services by the Customer Institution on behalf of the User. For the proper use of services, MZH and Customer Institutions associated with MZH will maintain their records about You with the Account for the use of their respective teams of professionals or any other licensor and individual authorized by the User.

When a Customer Institution uses the Service, you also have the opportunity to receive a service directly from us. This service allows you to access data relating to you directly, along with tools to help you manage and alter the data and who can access it from time to time. You can start using the Service by confirming to us or the Customer Institution that you wish to receive the service, and by assisting the Customer Institution or us in verifying your identity.

This Service Agreement applies to Mind Zillion Health service including updates that you use while this Service Agreement is in force. The Mind Zillion Health service, the Provider Service and the Patient Access Service are referred to collectively in this Service Agreement as the "Service", and the account where your personal data is stored and accessible within the Service is referred to as the “Account”.

Please note that we do not provide warranties for the Service. The Service Agreement also limits our liability. These terms are in sections 9 and 10 and we ask you to read them carefully.

2.How you May Use the Service

You must be an authorised user of certain participating institutions to be eligible to use the Services. You must be at least 16 years of age, unless your use of the Patient Access Service is approved by your parent or legal guardian as part of the process of signing you up and verifying your identity. You may start using the Patient Access Service as soon as you have finished the sign-up and verification process. Support is available via help links. You may cancel the Patient Access Service at any time. You are able to store materials for use in connection with the Patient Access Service. The materials you store on your Account are yours. You may only transmit and store content that is legally permissible and appropriate for the Service. In using the Service, you will: obey the law; obey any codes of conduct or other notices we provide; keep your Account Id & password secret; and promptly notify us if you observe a security breach related to the Service. Help the Mind Zillion Health maintain a healthy and vibrant environment by reporting any illegal or inappropriate behaviour

3.How You May Not Use the Service

In using the Service, you may not: use the Service in a way that harms us or our associates, affiliates, licensor, resellers, distributors, and/or vendors (collectively, the "Mind Zillion Health Parties" and each individually, a “Mind Zillion Health Party”), or any customer or user of a Mind Zillion Health Party; use any portion of the Service as a destination linked from any unsolicited bulk messages or unsolicited commercial messages ("spam") use any automated process or service (such as a BOT, a spider, periodic caching of information stored by Mind Zillion Health, or "meta-searching") to access and/or use the Service; use any unauthorised means to modify or reroute, or attempt to modify or reroute, the Service damage, disable, overburden, or impair the Service (or the network(s) connected to the Service) or interfere with anyone's use and enjoyment of the Service; or resell or redistribute the Service, or any part of the Service.

4.Intended Use of Service

The Service is intended for you to use to conveniently maintain, access and manage your personal data relating to your health via the Account. You may decide to authorise others, including Customer Institutions, to have access to your personal data via the Service. The information that you access via your Account may not always be accurate or up-to-date and you should verify its accuracy with your appropriate Customer Institution before you act on the information. The accuracy of data and information and the timescales within which it is inputted into the Service is the responsibility of the Customer Institution or other legal persons who input the data or information into the account

5.You Are Responsible for Your Account

Only you may use your Account. You are responsible for all activity that takes place with your sign-in credentials. Non-personal and commercial Accounts are prohibited on the Service in the absence of additional signed agreements with Mind Zillion that explicitly allow such Account use.

6.Privacy

We consider your use of the Service to be private. However, we may access (or permit access to others, where lawful) or disclose information about you, your Account and/or the content of your communications, in order to:

Comply with the law or legal process served on us;
Enforce and investigate potential breaches of this Service Agreement, including use of this Service to participate in, or facilitate, activities that violate the law; or
Protect the rights, property, or safety of Mind Zillion Health, its employees, its customers, or the public.

We may use technology or other means to protect the account, protect our customers, or stop you from breaching this Service Agreement. These means may include, for example, filtering to stop spam or increase security. These means may hinder or break your use of the Service.

In order to help us to provide and further develop the Service, we may collect certain information about Service performance, your machine, and your Service use. We may automatically upload this information from your machine. This data will not personally identify you. You may read about this information collection in more detail in the privacy notice.

7.Software

You will not copy, disassemble, decompile, or reverse engineer any software, code, script or content included in the Service, except and only to the extent that the law expressly permits this activity. You must comply with all domestic and international laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use.

8.Mind Zillion Health Authentication Network

We may provide you with credentials on our authentication network to use with the Service. You are solely responsible for any dealings with third parties who use our authentication network. This Service Agreement applies to you whenever you use the credentials you obtained with the Service. We may cancel or suspend your access to our authentication network for inactivity, which we define as failing to sign in to our authentication network for more than 12 months. If we cancel your credentials, your right to use our authentication network immediately ceases.

9.We Make No Warranty

There are lots of factors that can affect whether or not the Service is available, including the availability of your internet connection. The accuracy, quality or timeliness of your information is mainly determined by the accuracy, quality and timeliness of the people who supply or upload the information to the Service, which could be your healthcare provider, a laboratory, you, or others who you or your healthcare providers give permission to. Mind Zillion Health cannot, therefore, give a warranty in relation to the Service or the information.

We provide the Service "as-is," "with all faults" and "as available" (see: https://www.mindzillion.com). We do not guarantee the availability of the Service or the accuracy or timeliness of information available from the Service.

We do not operate, control or supply any information, product, or service that is not clearly identified as supplied by Mind Zillion Health. The Service stores records created by Customer Institutions and the Service does not itself provide medical or any other health or care advice, diagnosis or treatment. Always seek the advice of qualified professionals at Customer Institutions if you require healthcare advice, diagnosis or treatment. Never disregard professional medical advice or delay in seeking it because of information you access on or through the Service.

10. Liability Limitation

The person responsible to you if you have a problem with the Service or your personal data used by the Service depends on what the problem is. In the first instance, you should approach your Customer Institution, who can investigate and either get the problem addressed for you or (if appropriate, where the health care provider believes the problem is our responsibility) raise the matter with Mind Zillion Health. For problems with Service availability, you should always check your own internet connection is available, first.

The following paragraphs set out how far Mind Zillion Health is liable to you in any case where:

you have a problem with the Service,
it is confirmed as resulting from Mind Zillion Health not meeting obligations that it owes directly to you (such as under data protection law), and
as a direct result you suffer loss or damage.

You can recover from Mind Zillion Health only direct damages if Mind Zillion Health is liable to you (as described above) and our liability to you cannot lawfully be excluded.

You cannot recover any other loss, damage or damages, including indirect, consequential, special, indirect, incidental or punitive loss, damage or damages, or lost profits. This means that, in each case, you cannot claim for such loss, damage or damages.

The above limitations apply in relation to:

The Service,
Content (including code) on third party Internet sites, third party programs or third party conduct,
Viruses or other third-party content that affects your access to or use of the Service or any of your devices or other software or services,
Incompatibility between the Service and other services, software or hardware,
Delays or failures you may have in initiating, conducting or completing any transmissions or transactions in connection with the Service in an accurate or timely manner, and
Claims for breach of Service Agreement, breach of warranty, guarantee or condition, strict liability, negligence, breach of statutory duty or other tort.

Grievance Officer

Sushma Mendonca

Mind Zillion Private Limited

Registered Address: B1-401, Boomerang Equity Business Park, Yadav Nagar, Chandivali, Andheri East, Mumbai-400072 Maharashtra, India.

Corporate Address: A 105/106, Supreme Business Park, Hirandani Gardens, Powai, Mumbai-400076, Maharashtra, India.

Email : Contact@mindzillion.com

11. Changes to the Service; If We Cancel the Service

We may change the Service or delete features at any time and for any reason. We may cancel or suspend your Service at any time. Our cancellation or suspension may be without cause and/or without notice. Upon Service cancellation, your right to use the Service stops right away.

12. How We May Change the Service Agreement

We may change this Service Agreement at our discretion by posting new applicable terms and conditions. If you do not agree to the changes, then you must stop using the Service. If you do not stop using the Service, then your use of the Service will continue under the changed Service Agreement.

MZH will notify users of changes to this Service Agreement. Acceptance of the changes is assumed if a refusal is not submitted within 30 days of notification.

Service Agreement refusals should be sent to MZH Support at: contact@mindzillion.com.

13. Interpreting the Service Agreement

All parts of this Service Agreement apply to the maximum extent permitted by law. A court may hold that we cannot enforce part of this Service Agreement as written. If this happens, then we may exercise our right under condition 12 above and replace that part with terms that most closely match the intent of the part that we cannot enforce. This is the entire Service Agreement between you and us regarding your use of the Service. It supersedes any prior Service Agreement or statements regarding your use of the Service. If you have confidentiality obligations related to the Service, those obligations remain in force (for example, you may have been a beta tester). The headings used in the Service Agreement do not affect the interpretation of its terms and conditions.

14. International Use

Mind Zillion’s servers and operations are located primarily in INDIA, and our policies and procedures are based primarily on Indian law. Because of this, the following provisions apply specifically to users located outside of INDIA:

You consent to the transfer, storage, and processing of your information (including Submissions and Personal Data) to and in INDIA and/or other countries;
You agree to comply with all local laws, rules, and regulations, including all laws, rules, and regulations in effect in the country in which you reside and the country from which you access the Services.

The Services are not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or that would subject Mind Zillion Health or its affiliates to any registration requirement within such jurisdiction or country.

13. Interpreting the Service Agreement

14. International Use

You consent to the transfer, storage, and processing of your information (including Submissions and Personal Data) to and in INDIA and/or other countries;
You agree to comply with all local laws, rules, and regulations, including all laws, rules, and regulations in effect in the country in which you reside and the country from which you access the Services.

15. Assignment; No Third-Party Beneficiaries

We may transfer or assign this Service Agreement and/or the Services, in whole or in part, at any time with or without notice to you. For example, if Mind Zillion Health were to be purchased by another company this agreement would transfer to them. You may not transfer to anyone else, either temporarily or permanently, any rights to use the service or any part of the Service. This Service Agreement is solely for your and our benefit (and the benefit of any person to whom we transfer or assign the Service Agreement and/or the Services). It is not for the benefit of any other person.

16. Management of Your Data

Your data and information stored and used in the Service is a shared electronic health record that each of your participating Customer institutions rely on. If you want a Customer Institution to change the way they use your data or information, you must talk to the Customer Organization(s) that use the relevant data or information, and to Mind Zillion Health. The deletion or modification of your data or information by one Client Institution (or us) may result in other Client Institutions (or us) losing the data and information they need to provide care (or services) to you. For this reason, the data will not be deleted, this is to ensure the integrity of the medicolegal audit.

17. Notices We Send You; Consent Regarding Electronic Information.

This Service Agreement is in electronic form. There may be information regarding the Patient Access Service that the law requires us to send you. We may send you this information in electronic form. We may provide required information to you: by e-mail at the e-mail address, you specified as part of your sign-up and identity verification for the Patient Access Service; by access to a Mind Zillion Health website that will be designated in an e-mail notice sent to you at the time the information is available; or by access to a Mind Zillion Health website that will be generally designated in advance for this purpose.

Notices provided to you via e-mail will have a grace period of 14 days before being deemed given and received, this period will commence on the transmission date of the e-mail. As long as you can access and use the Service, you have the necessary software and hardware to receive these notices. If you do not consent to receive any notices electronically, you must stop using the Services.

18. Copyright and Trademark Notices

The Service and all contents of the Service are © Copyright Mind Zillion and/or its affiliates and/or any other Mind Zillion Health Party(ies). All rights reserved. Copyright and other intellectual property laws and treaties protect all software and content provided as part of the Service. We or our suppliers and/or contractors own the title, copyright, and other intellectual property rights in the Service including the software and the content. Mind Zillion, manage your Health, Mind Zillion logo, and/or other Mind Zillion Health products and Services referenced herein may also be either trademarks or registered trademarks of Mind Zillion in India and/or other countries. The names of actual companies and products mentioned in this Service Agreement may be the trademarks of their respective owners. All rights not expressly granted in this Service Agreement are reserved.

19. Compliance of Applicable Law

While communicating/ transacting with each other through the Website, the Other Parties shall at all times ensure full compliance with the applicable provisions of the Contract Act, IT Act, IG Guidelines, Consumer Protection Act, 1986, SPI Rules, or any other applicable law, rule, regulation, orders etc. (“Captioned Laws”). as well as all other laws for the time being in force, and ensure due payment of applicable taxes.

Payment, Fees and Taxes

You agree to pay all Service fees, reasonable out-of-pocket expenses and other fees applicable to Your use of the Services. While MZH will strive to give You a fair estimate of fees in advance, the actual fee may depend on the type of Services You purchase/use and may vary based on the number or duration of the Services subscribed to.
You are solely responsible for payment of all taxes, legal compliances, statutory registrations, and reporting. MZH is in no way responsible for any of the taxes except for its own income tax.
The fees could be paid online through the facility made available on the Application. Third parties support and services are required to process online fee payments. MZH is not responsible for any loss or damage caused during this process as these third parties are beyond the control of MZH.
At the sole discretion of MZH, the fees could also be paid offline and be either collected personally or through a duly authorized third party on behalf of MZH.
All fees are exclusive of taxes. The payment process is complete only upon receipt of the amount to MZH’s designated bank account.
An invoice for fees against Services will be generated periodically and will be notified to You via the Application and/or Your contact details. You may be requested to pay immediately or on a deferred basis at MZH’s discretion. Failure to pay within the requested timeframe may result in suspension of Services and termination of the Agreement, with no right of recovery.
MZH shall send an intimation of fee receipt within seven (7) working days via email and/or contact details.
MZH reserves the right to modify the fee structure by providing updates on the Website, which shall be deemed valid communication.
MZH may require User or Third Party Service Provider bank account or card details to process payments. Refer to the Privacy Policy for more on how MZH uses this information.
Available payment methods include Wallets (Paytm, AmazonPay, Mobikwik, AirtelMoney, Freecharge, OlaMoney, JIO Money, PhonePe, MPESA), UPI (BHIM, GooglePay), and all debit and credit cards.
Security: API integrated.
Charge-back options: None.

Offers and Promotions

MZH and Customer Institution may occasionally promote their Services on the Application. While we encourage Customer Institutions to offer quality Services at competitive prices, we do not control or endorse these Services and accept no liability. All promotions are time-limited and subject to additional terms and conditions.
For clarity, any reference to ‘offer/offered for sale by the Customer Institution’ is to be construed solely as an ‘invitation to offer for sale’.

Refund & Cancellation Policy

You are free to cancel the Service at any time. MZH shall refund any unexpended advance fees paid at the time of cancellation. If you seek a refund due to disagreement with a modification to the Agreement, please contact contact@mindzillion.com. Refunds of the unexpended amount will be processed accordingly.

Force Majeure

Other Parties accept and acknowledge that MZH shall not be liable for any loss or damage caused to the User as a result of delay or default or deficiency or failure in the Services as a result of any natural disasters, fire, riots, civil disturbances, actions or decrees of governmental bodies, communication line failures (which are not caused due to the fault of MZH or the Third Party Service Providers/Customer Institution), or any other delay or default or deficiency or failure which arises from causes beyond MZH’s reasonable control (“Force Majeure Event”). In the event of any Force Majeure Event arising, MZH, depending on whose performance has been impacted under the Terms of Use, shall immediately give notice to the Other Party(s) of the facts which constitute the Force Majeure Event. Further, time periods specified on Website for providing availed services shall always be nonbinding under all circumstances as services/facilities are dependent on multiple factors that can assume uncertainty at any moment for unforeseen reasons beyond Company’s control

18.About Mind Zillion Private Limited

Registered Address: B1-401, Boomerang Equity Business Park, Yadav Nagar, Chandivali, Andheri East, Mumbai-400072 Maharashtra, India.

Corporate Address: A 105/106, Supreme Business Park, Hirandani Gardens, Powai, Mumbai-400076, Maharashtra, India.