Terms of Service
Heka Solutions Private Limited (the company ), is the owner of www.heka-solutions.com (the website), HeaL (Mobile/Tablet/Desktop application) is an online health information and management platform for diabetics that attempt to connect providers of health care services (hereafter referred to as “Healthcare Provider”) and users (hereafter referred to as “user”).
www.heka-solutions.com (hereinafter, the “Website”) is owned and operated by Heka Solutions Private limited, a Company incorporated under the Companies Act, 2013 having its registered office at Apartment No. LH 5, Flat No. 201, Lanco Hills Manikonda, Hyderabad ,Telangana , India – 500030 (hereinafter referred to as “Company”) are subject to the following Terms & Conditions (hereinafter the “Agreement”), all parts and sub-parts of which are specifically incorporated by reference here. which shall govern use of and access to www.heka-solutions.com (the “Website”) and the “HeaL” technology platform accessible through desktops, mobile phones, smart phones and tablets (the “Application”) which may include patient medical records system, dashboards and other services which will be modified by the Company from time to time (hereinafter “Website” and “Application” collectively referred to as “Software”) . The Company is the owner of the application offered to the User.Please follow policies made available to you within the Services. We request you to read these terms of service carefully; do not use the Website, Applications and Services unless you agree fully with the terms.
The parties referred to in this Agreement shall be defined as follows:
- Company, Us, We:
The Company, as the creator, operator, and publisher of the Website, makes the Website, and certain Services on it, available to users , Company, Us, We, Our, Ours and other first-person pronouns will refer to the Company, as well as all employees and affiliates of the Company
- You, the User:
Collectively, the parties to this Agreement (the Company and You) will be referred to as Parties.
- Registered Doctor:
Doctor is a qualified member of Medical Council of India eligible to practice in India.
- Partnered Laboratories:
Use of services of laboratories that are partnered with the Company for, direct booking of appointments, diagnostic tests, sample collection at home, direct test results uploading on the Account, payment for the tests conducted by the Partnered Laboratory and other services provided by the Laboratory.
- Partnered Pharmacies:
The Application will list pharmacies to enable the End-User to review the pharmacies in their respective locality, and order the medicines that have been prescribed to them and pay them upon the delivery of medicines.
- Use of Information:
We will share the information of the user with the doctor’s listed on the application to facilitate the patient to get guidance on health aspects & it is truly based upon the data provided by patient over the application, also sharing the information to doctors, hospitals whenever patients want to change the hospitals/doctor for consultation.
- Uploading by Doctors/Hospitals:
Doctors and hospitals listed on the Application can upload information related to the User prescriptions, electrocardiogram (ECG) tests, echocardiogram tests, ultrasound tests, health charts, Blood Reports and other medical reports.
- Health Tips:
Based on the medical and health information that User has provided in his Account which includes food intake and consequent calorie count, activity log, and blood sugar levels updated on the Account are based on which an algorithm of the software of the Application will generate automated reminders, tips and suggestions to the End-User including for maintaining a healthy check on blood sugar levels.The Services may be updated from time to time, at the sole discretion of the Company, and the Company reserves the right to modify the Services without prior intimation or consent of the End-Users.
- Company, Us, We:
- SERVICES OVERVIEW:
The User has to create and register an account (Account) on the mobile app by providing certain information which includes gender, age, weight, height and completing the registration form and some basic history of Patient ( Such as the history on the drug allergies if any , personal and family medical history and complete the registration form.
- NOT REPLACING HOSPITAL OR EMERGENCY SERVICE:
Your use of the Services is only to help you to monitor your daily routine including your food habits & patterns, your routine daily exercise activities, your blood glucose, your prescriptions and your diagnostic test results to aid you in managing & controlling your Diabetes. The Services doesn’t have or constitute, and should in any manner not be substituted as, medical advice. The Company does not provide medical services. The Services are not a alternative for the advice of a healthcare professional, and the information made available on or through the Services should not be dependent upon when making medical decisions, or to diagnose or treat a medical or health condition including but not limited to diabetes. If you require medical aid or services, you should consult a certified healthcare professional. Your use of the Services does not create a doctor-patient relationship between you and the Company. The Services are not aligned to be a substitute for emergency healthcare. If you are facing a medical emergency, please contact a hospital.The data based Health tips is a fully algorithm based nutritional data provided by you and is not a substitute for medical advice or opinion. It is suggested that the User should check with a healthcare professional before following any of the Health Tips. Under no instance will the Company be responsible for any damage or injury resulting from the User’s relying on the Health Tip. User must follow their own discretion while using this service.
- ASSENT & ACCEPTANCE
By using the Website, You warrant that you have read and reviewed this Agreement and that you agree to be bound by it. If you do not agree to be bound by this Agreement, please do not use the Website/Application. The Company only agrees to provide use of this Website and Services to you if You assent to this Agreement.
- AGE RESTRICTION:
You must be at least 18 (eighteen) years of age to use this Website or any Services contained herein. By using this Website, You represent and warrant that you are at least 18 years of age and may legally agree to this Agreement. The Company assumes no responsibility or liability for any misrepresentation of your age.
- LICENSE TO USE WEBSITE:
The Company may provide You with certain information as a result of Your use of the Website or Services. Such information may include, but is not limited to, documentation, data, or information developed by the Company, and other materials which may assist in Your use of the Website or Services (“Company Materials”). Subject to this Agreement, the Company grants You a non-exclusive, limited, non-transferable and revocable license to use the Company Materials solely in connection with Your use of the Website and Services. The Company Materials may not be used for any other purpose and this license terminates upon Your cessation of use of the Website or Services or at the termination of this Agreement.
- Part of the Service may be provided for a fee or charge. If you elect to use paid aspects of the Service, you agree to the terms of sale, pricing, payment and billing policies applicable to such fees and charges. Heka Solutions may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion.
- It is your responsibility to promptly provide the Company with any contact or billing information changes or updates (including phone number, email address, credit card numbers, etc.). Heka Solutions does not validate all credit card information required by the Customer’s payment provider to secure payment.
- The Customer must notify Heka about any billing problems or discrepancies within 30 days after charges first appear on their Account statement. If it is not brought to Heka’s attention within 30 days, Customer agrees to waive their right to dispute such problems or discrepancies.
- INTELLECTUAL PROPERTY
You agree that the Website and all Services provided by the Company are the property of the Company, including all copyrights, trademarks, trade secrets, patents and other intellectual property (“Company IP”). You agree that the Company owns all right, title and interest in and to the Company IP and that You will not use the Company IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the Company IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from the Company.
- In order to make the Website and Services available to You, You hereby grant the Company a royalty-free, non-exclusive, worldwide license to copy, display, use, broadcast, transmit and make derivative works of any content You publish, upload or otherwise make available to the Website (“Your Content”). The Company claims no further proprietary rights in Your Content.
- If You feel that any of Your intellectual property rights have been infringed or otherwise violated by the posting of information or media by another of Our users, please contact Us and let Us know.
- USER OBLIGATIONS
As a user of the Website or Services, You may be asked to register with Us. When You do so, You will choose a user identifier, which may be Your email address or another term, as well as a password. You may also provide personal information, including, but not limited to, Your name, address, contact details etc. You are responsible for ensuring the accuracy of this information. This identifying information will enable You to use the Website and Services. You must not share such identifying information with any third party and if You discover that Your identifying information has been compromised, You agree to notify Us immediately in writing. You are responsible for maintaining the safety and security of Your identifying information as well as keeping Us apprised of any changes to Your identifying information. Providing false or inaccurate information, or using the Website or Services to further fraud or unlawful activity is grounds for immediate termination of this Agreement.
- ACCEPTABLE USE
You agree not to use the Website or Services for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Website or Services in any way that could damage the Website, Services or general business of the Company.
- You further agree not to use the Website or Services for below :
- To harass, abuse, or threaten others or otherwise violate any person’s legal rights;
- To violate any intellectual property rights of the Company or any third party;
- To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
- To perpetrate any fraud;
- To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
- To publish or distribute any obscene or defamatory material;
- To publish or distribute any material that incites violence, hate or discrimination towards any group;
- To unlawfully gather information about others.
- You further agree not to use the Website or Services for below :
- AFFILIATE MARKETING & ADVERTISING
The Company, through the Website and Services, may engage in affiliate marketing whereby the Company receives a commission on or percentage of the sale of goods or services on or through the Website. The Company may also accept advertising and sponsorships from commercial businesses or receive other forms of advertising compensation. We will send you administrative and promotional emails. If you wish to opt out of promotional emails, you may do so by following the “unsubscribe” option in the email, or by editing your account settings. All Users receive administrative emails even they “unsubscribe” from the option of Promotional email. If you wish to opt out of administrative emails, you must delete your account entirely and cease use of the Service.
- PRIVACY INFORMATION
Through Your Use of the Website and Services, You may provide Us with certain information. By using the Website or the Services, You authorize the Company to use Your information in the India and any other country where We may operate.
- Information We May Collect or Receive: When You register for an account, You provide Us with a valid email address and may provide Us with additional information, such as Your name or billing information. Depending on how You use Our Website or Services, We may also receive information from external applications You use to access Our Website, or We may receive information through various web technologies, such as cookies, log files, clear gifs, web beacons or others.
- How We Use Information: We use the information gathered from You to ensure Your continued good experience on Our website, including through email communication. We may also track certain of the passive information received to improve Our marketing and analytics, and for this, We may work with third-party providers.
- How You Can Protect Your Information: If You would like to disable Our access to any passive information We receive from the use of various technologies, You may choose to disable cookies in Your web browser. Please be aware that the Company will still receive information about You that You have provided, such as Your email address.
- ASSUMPTION OF RISK
The Website and Services are provided for communication purposes only. You acknowledge and agree that any information posted on Our Website is not intended to be legal advice, medical advice, or financial advice, and no fiduciary relationship has been created between You and the Company. You further agree that Your purchase of any of the products on the Website is at Your own risk. The Company does not assume responsibility or liability for any advice or other information given on the Website.
- REVERSE ENGINEERING & SECURITY
You agree not to undertake any of the following actions:
- Reverse engineer, or attempt to disassemble any code or software from or on the Website or Services;
- Violate the security of the Website or Services through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.
- DATA LOSS
The Company does not accept responsibility for the security of Your account or content. You agree that Your use of the Website or Services is at Your own risk.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THAT THIS WEBSITE/COMPANY INCLUDING BUT NOT LIMITED TO ITS AFFILIATE VENDORS, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL LOSSES, LIABILITIES, CLAIMS, DAMAGES, DEMANDS, COSTS AND,EXPENSES (INCLUDING LEGAL FEES AND DISBURSEMENTS IN CONNECTION THEREWITH AND INTEREST CHARGEABLE THEREON) ASSERTED AGAINST OR INCURRED BY US THAT ARISE OUT OF, RESULT FROM, OR MAY BE PAYABLE BY VIRTUE OF, ANY BREACH OR NON- PERFORMANCE OF ANY REPRESENTATION, WARRANTY, COVENANT OR AGREEMENT MADE OR OBLIGATION TO BE PERFORMED BY YOU PURSUANT TO THESE TERMS OF SERVICE. FURTHER, YOU AGREE TO,HOLD US HARMLESS AGAINST ANY CLAIMS MADE BY ANY THIRD PARTY DUE TO, OR ARISING OUT OF, OR IN CONNECTION WITH, YOUR USE OF THE WEBSITE, ANY CLAIM THAT YOUR MATERIAL CAUSED DAMAGE TO A THIRD PARTY, YOUR VIOLATION OF THE TERMS OF SERVICE, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER, INCLUDING ANY INTELLECTUAL PROPERTY RIGHTS.IN NO EVENT SHALL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU, THE VENDOR OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM.
- SPAM POLICY
You are strictly prohibited from using the Website or any of the Company’s Services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
- THIRD-PARTY LINKS & CONTENT
The Company may occasionally post links to third party websites or other services. You agree that the Company is not responsible or liable for any loss or damage caused as a result of Your use of any third party services linked to from Our Website.
- MODIFICATION & VARIATION
The Company may, from time to time and at any time without notice to You, modify this Agreement. You agree that the Company has the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of this Agreement, unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.
- To the extent any part or sub-part of this Agreement is held ineffective or invalid by any court of law, You agree that the prior, effective version of this Agreement shall be considered enforceable and valid to the fullest extent.
- You agree to routinely monitor this Agreement and refer to the Effective Date posted at the top of this Agreement to note modifications or variations. You further agree to clear Your cache when doing so to avoid accessing a prior version of this Agreement. You agree that Your continued use of the Website after any modifications to this Agreement is a manifestation of Your continued assent to this Agreement.
- In the event that You fail to monitor any modifications to or variations of this Agreement, You agree that such failure shall be considered an affirmative waiver of Your right to review the modified Agreement.
- ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between the Parties with respect to any and all use of this Website. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of this Website.
- SERVICE INTERRUPTIONS
The Company may need to interrupt Your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that Your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, but that the Company shall have no liability for any damage or loss caused as a result of such downtime.
- TERM, TERMINATION & SUSPENSION
The Company may terminate this Agreement with You at any time for any reason, with or without cause. The Company specifically reserves the right to terminate this Agreement if You violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of the Company or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. If You have registered for an account with Us, You may also terminate this Agreement at any time by contacting Us and requesting termination. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.
- NO WARRANTIES
You agree that Your use of the Website and Services is at Your sole and exclusive risk and that any Services provided by Us are on an “As Is” basis. The Company hereby expressly disclaims any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. The Company makes no warranties that the Website or Services will meet Your needs or that the Website or Services will be uninterrupted, error-free, or secure. The Company also makes no warranties as to the reliability or accuracy of any information on the Website or obtained through the Services. You agree that any damage that may occur to You, through Your computer system, or as a result of loss of Your data from Your use of the Website or Services is Your sole responsibility and that the Company is not liable for any such damage or loss.
- GENERAL PROVISIONS:
All communications made or notices given pursuant to this Agreement shall be in the English language.
- DISPUTES AND JURISDICTION
All disputes involving but not limited to rights conferred, compensation, refunds, and other claims will be resolved through a two-step Alternate DisputeResolution mechanism :
- Stage 1 – Mediation
In case of a dispute, the matter will first be attempted to be resolved by a sole mediator who is a neutral third party and will be selected at the mutual acceptance of a proposed mediator by both parties. Both parties may raise a name for the sole mediator and in the case both parties accept the proposed name, the said person shall be appointed as sole mediator. In case the parties are not able to reach a consensus within two proposed mediators, the Company reserves the right to decide who the final mediator is. The decision of the mediator is not binding on both parties.
- Stage 2 – Arbitration
In a situation that mediation does not yield a result suitable or preferred by any one of the parties, arbitration may follow, the award of which is binding on both parties. The Arbitration Board shall comprise three members – one appointed by each party and the third member to be nominated by the two appointed members by mutual consent. Arbitration shall be held at Hyderabad, India. The proceedings of arbitration shall be in the English language. The arbitrator’s award shall be final and binding on the Parties. If the dispute cannot be resolved by this two step Alternate Dispute Resolution mechanism, it shall be referred to the courts in Telangana, Hyderabad, India.
- Stage 1 – Mediation
- ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by You. Should this Agreement, or the rights granted hereunder, by assigned, sold, leased or otherwise transferred by the Company, the rights and liabilities of the Company will bind and inure to any assignees, administrators, successors and executors.
- SEVERABILITY: If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of this Agreement shall continue in full force.
- NO WAIVER: In the event that We fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.
- HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.
- NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency, partnership, or joint venture has been created between the Parties as a result of this Agreement. No Party has any authority to bind the other to third parties.
- FORCE MAJEURE: The Company is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
- ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under this Agreement, including e-mail or fax. For any questions or concerns, please email Us at the following address: : firstname.lastname@example.org
- CONTACT GRIEVANCE OFFICER
If a User has any questions concerning the Heka Solutions Services(Website, the Application, this Agreement, the Services or anything ), the Company customer support can be reached at the following email address : HeaL@hekasolutions.in
In accordance with the Information Technology Act, 2000, and the rules made there under, if you have any grievance with respect to the Website, Application or the Service, including any discrepancies and grievances, you may contact our Grievance Officer at:
Apartment No. LH 5, Flat No. 201, Lanco Hills,
Manikonda, Hyderabad, Telangana, India – 500030
Email id: HeaL@hekasolutions.in