Welcome

TERMS AND CONDITIONS

 

The Zevac application (App) and the website www.mycol.in (Website) is owned by Circle of Life Healthcare Private Limited (CoL) a company incorporated under the Companies Act, 2013 having its registered office at T-2, Third Floor, Pal Mohan Mansion, 26/34 East Patel Nagar, New Delhi 110008. 

 

CoL is in the business of creating products that use statistical models and analytical products to harness the power of data to improve healthcare delivery 

 

By accessing the Website through any computing or mobile platform or by downloading, installing and using the App, you acknowledge that you have carefully read and understood the terms and conditions that govern the use of the Service (T&Cs) and agree to be bound by them for as long as you are accessing or using the App or Website, or requesting Services from CoL. Please note that these T&Cs, read together with the Privacy Policy, which can be found here, constitute a legal and binding agreement between you and CoL (Agreement) and is enforceable under the laws of India. By accepting the T&Cs, you represent and warrant that you are at least 18 years of age and have the right, authority, and legal capacity to enter into this Agreement. If, at any time, CoL is of the opinion that you do not satisfy the eligibility criteria, or that you have made any misrepresentation about your eligibility, CoL retains the right to disable your access to the App or Website and or suspend the Services immediately. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PLEASE DISCONTINUE USING THE APP IMMEDIATELY AND REFRAIN FROM ACCESSING ANY CONTENT ON THE WEBSITE HENCEFORTH.

 

The T&Cs of this Agreement are subject to revisions at any time, as determined by CoL, and all changes are effective immediately upon being posted on the Website and the Terms section in the App. It is your responsibility to review these T&Cs periodically for updates / changes. Any use of the App or Website after such notice will be deemed to be an acceptance of these changes by you.

 

1. Scope of Service: CoL intends to provide certain products that harness data to improve the delivery of healthcare services. Such products include among other things using statistical methods to create analytical models which will be used to better estimate and plan how delivery standards can be improved in the Healthcare Sector. Such models are based on data which is received by CoL and is relied upon by CoL and CoL makes no warranties as to the accuracy, fitness or veracity of this data and the consequent analytics. You are advised to use discretion while acting upon such information. 

 

2. Relationship with Hospitals: You acknowledge and agree that CoL does not hold itself out as an agent, partner or co-venture of the Hospital, and that this Agreement is not intended to, and does not create an agency, partnership, joint venture or any other type of relationship between CoL and the Hospital. Any agreement entered into between you and the Hospital shall not bind CoL in any manner, and CoL shall not be required to perform any of the obligations or be bound by the responsibilities provided under such agreement. CoL is also not responsible for the medical services provided by the Hospital, Nurse, Specialist or Doctor and can in no way be held responsible/ liable for the quality of medical services or the lack thereof by the Hospital.

 

3. Registration: In order to access all available features of the App and Website, you must first register on the App or Website. An individual who has successfully registered on the Website or App is a Registered User (Registered User). You may become a Registered User free of cost by providing certain information, such as full name, street address, telephone number and e-mail address. A comprehensive list of information that CoL collects at the time of registration can be accessed at https://www.mycol.in/zevac-technical-questions/. If you do not wish to provide this information, then you have the option to do so, provided that you may not be able to access the full range of Services. You may not transfer the username (including by way of sub-license, lease, assignment or other transfer) or transfer the right to request for any Service through the App or Website. If a Registered User wishes to withdraw his or her consent with regard to any information provided to CoL in the past, he/she may unregister by following the steps provided at https://www.mycol.in/contact-us/ Once a Registered User has been unregistered, CoL shall not provide access to the full range of Services to such user, and shall retain the information provided by the Registered User for only as long as it may be lawfully used or is otherwise required under any law in force. 

 

4. Service Disruption: CoL makes no guarantee as to availability, quality or service levels of the Service on a 24×7 basis, or promise uninterrupted access to the App or Website. However, disruption of services may arise due to technical or operational difficulties, and no prior notice of downtime will be given to you in such circumstances. CoL may also suspend the Service for specific users permanently or temporarily for any reason whatsoever, including while investigating complaints or alleged violations of this Agreement, or disable access to the App for Website for such users. Obtaining and maintaining any hardware equipment, and payment of all telecom charges to access the Service is your sole responsibility. Please note that your mobile data plan may limit the total number of API calls that can be made to the server and this may lead to disruption of services. CoL does not make any assurance of service uptime. 

 

5. Use of the App and Website: By accessing the contents of the Website, or by downloading or installing the App, you represent and warrant that you will not scrape or attempt to scrape or extract any data, including information provided by third parties or other users of the App or Website. You also agree that you shall not use the App or Website for any monitoring, benchmarking or throttling or any other purposes that may impair the performance or functionality of the App, Website or Services. You agree not to access or attempt to access any content available on the App or Website by any means other than through the interface that is provided by CoL. You accept that you will not place fraudulent requests on the App or Website, or attempt to exceed any limits placed by CoL or the Hospital in relation to the Services, and in case of any violation in this regard, CoL shall have the right to immediately terminate your account and seek appropriate legal remedies. You agree that while using the App or Website, you shall not post, upload, publish, transmit or share any information that: (a) belongs to another person and to which you do not have any right to; (b) 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; c) harm minors in any way; d) infringes any patent, trademark, copyright or other proprietary rights; e) 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 in nature; g) impersonate another person; h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; (i) 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. Any violation of this clause may lead to suspension of your account. In the event, COL receives any complaint that any information posted by you amounts to a breach of this clause, COL will take such steps necessary as required under law to remove or disable access to such information and may suspend or terminate your account at its sole discretion.

 

6. Account Security: You are responsible for all activities and transmissions through your account/username. You are solely responsible for maintaining the security and confidentiality of the username and password required to access the App or Website. You must immediately notify CoL of any unauthorised use of your username or password or any other breach of security. CoL will not be liable for any loss or damage arising from your failure to comply with this provision.

 

7. Termination of Service: Any violation or breach of the T&Cs may lead to automatic suspension or termination of your account or access to the Website and use of the App, and CoL shall not be responsible or liable for any refunds or damages in this regard. CoL will notify you of any such termination or suspension within a reasonable period of time. 

 

8. Third Party Use of Personal Information:  CoL may transfer the information provided by you including sensitive personal information, to third parties, including but not limited to Hospitals for the provision of Services and you hereby agree to such transfer of information. You agree that no further consent shall be required for transfer of information by CoL in relation to the Services. CoL requires such third parties to protect the confidentiality and security of any sensitive personal information provided by you. Such third parties are required to maintain and observe the same level of data protection that CoL itself observes with respect to any sensitive personal information provided by you to CoL. The information provided by you to CoL will only be used if necessary to provide the Service or as required to comply with a legal obligation. However, CoL will not be responsible for any unauthorized use by such third parties of any information provided by you and any claims shall be made against such third parties.

 

9. Third Party Disputes: Any dispute between you and the Hospital arising out of the performance or provision of any services by the Hospital shall not be the responsibility or liability of CoL. CoL encourages you to report any complaints about the Services to CoL by contacting the Grievance Officer, and CoL shall take appropriate action as soon as reasonably possible. 

 

10. Intellectual Property: The Company owns and retains complete rights in the Website and App, including the images, text and any other data or information contained in the App or Website. The App and Website contains copyrighted material, trademarks, and other proprietary information of CoL and its licensors. Except for that information which is in the public domain or for which you have been given permission, you agree not to copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. 

 

The following trade names/ trademarks indicated on the App and Website are registered trade names / trademarks of CoL. Other graphics, logos, page headers, button icons, scripts, and service names published or used by CoL are trademarks or trade names of CoL. These trademarks and trade names may not be used in connection with any product or service that is not CoL’s in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits CoL or the Service. All other trademarks not owned by CoL that appear on the App or Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by CoL:

 

Circle of Life

myCOL 

www.mycol.in

 

 

 

11. Privacy Policy: Use of the Service is also governed by the Privacy Policy, which is accessible at https://www.mycol.in/privacy. You acknowledge that you have carefully read the Privacy Policy and understood the practices and policies that govern the use of the Service, and hereby consent to the collection, storage, processing, disclosure and transfer of any personal or sensitive personal information provided by you to CoL, as set out in the Privacy Policy. You have the option to not provide your consent for the collection or processing of sensitive personal information, and to withdraw your consent at any point of time, provided that in such cases CoL will not be able to provide full range of Services to you. If you are providing any information relating to another person who is the patient, you represent and warrant that you have made such person aware of the practices and policies under the Privacy Policy and such person has granted his consent and has authorized you to provide such information to CoL. 

 

12. Further Disclaimer: COL PROVIDES THE PRODUCT ON AN “AS IS” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE APP, WEBSITE OR SERVICE. THE COMPANY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOU EXPRESSLY AGREE THAT THE USE OF THIS APP OR WEBSITE AND REQUEST FOR ANY SERVICE IS AT YOUR OWN RISK. 

 

13. Limitation of Liability: COL DISCLAIMS ANY LIABILITY AS TO THE ACCURACY, COMPLETENESS, RELIABILITY, FITNESS, AVAILABILITY OR RELEVANCE OF ANY INFORMATION, INCLUDING THE AVAILABILITY OF BEDS, PHYSICIANS, SPECIALISTS, NURSES, MEDICAL TREATMENTS OR ANY SPECIFIC IN-PATIENT FACILITY. COL DOES NOT MAKE ANY GUARANTEE IN RELATION TO THE QUALITY OR AVAILABILITY OF SERVICES PROVIDED BY IT OR ANY THIRD PARTIES INCLUDING BUT NOT LIMITED TO HOSPITALS, NURSES, SPECIALISTS WITH WHOM YOU MAY INTERACT WHILE USING THE SERVICES. IN NO EVENT SHALL COL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICES OR YOUR INTERACTION WITH THIRD PARTIES OR HOSPITALS, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF COL KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL COL’S AGGREGATE LIABILITY, ON ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT, EXCEED INDIAN RUPEES FIFTY THOUSAND. COL SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES RESULTING FROM ANY CORRESPONDENCE OR BUSINESS DEALINGS WITH THIRD-PARTY SERVICE PROVIDERS OR ADVERTISERS OR RESULTING FROM THE PRESENCE OF SUCH ADVERTISERS ON THE SERVICE. 

 

14. Indemnity: You agree to indemnify and hold harmless CoL, its subsidiaries, affiliates, officers, directors, agents, and third parties, for any losses, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of the App, Website and Services and/or arising from a breach of these T&Cs, any violation of third party data protection rights, and/or any breach of your representations and warranties set forth above and/or any fraudulent act on your part.

 

15. Governing Law: You agree that the laws of India (regardless of conflicts of law principles) shall govern this Agreement, and that any dispute arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction of the courts in Delhi. 

 

16. Assignment: CoL may, but you may not assign convey, subcontract or delegate rights, duties or obligations under this Agreement.

 

17. Entire Agreement: This Agreement, together with the Privacy Policy, as accepted by you upon accessing the Website or downloading, installing and using the App constitutes the entire agreement between you and CoL. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect, and shall survive termination of the Service. 

 

18. Grievance Officer: In accordance with the requirements under the Information Technology (Intermediaries Guidelines) Rules, 2011, the name and contact details of the Grievance Officer is provided below. 

 

Mr. Vaibhav Singh

vaibhav.singh@mycol.in