Effective date: 31.03.2022
These Terms and Conditions (subsequently called “Terms”) govern your access and use of the Nucleic virtual health platform (subsequently called “Platform”) organized by Nucleic Health Innovations Pvt Ltd. Your access to and use of the Platform are conditioned on your acceptance of and compliance with these Terms. By accessing or using the Platform, you agree to comply with and to be bound by these Terms.
1. Basic Terms
- By invitation, Nucleic Health Innovations Pvt Ltd offers registered users exclusively of legal age the opportunity to participate in virtual health on the Platform. The time and duration of these events are at the sole discretion of Nucleic Health Innovations Pvt Ltd. You may use the Platform only if you are able to form a binding contract with Nucleic Health Innovations Pvt Ltd. If you are accepting these Terms and using the Platform on behalf of a company or other legal entity, you represent and warrant that you are authorized to do so.
- Any usage of content or services going beyond what is explicitly offered on the Platform requires the previous approval of Nucleic Health Innovations Pvt Ltd
- Upon registration with Platform, you are not granted a non-exclusive and non-transferable license to use software included as the Platform (“License”). The software and any interfaces, content, fonts are licensed, not sold, to you by Nucleic Health Innovations Pvt Ltd, for use only under the terms of this License. Nucleic Health Innovations Pvt Ltd and its licensors retain ownership of the Platform software itself and reserves all rights not expressly granted to you. The terms of this License, it will govern any software updates provided by Nucleic Health Innovations Ltd.
- Upon registration you grant to Nucleic Health Innovations Pvt Ltd non-exclusive transferable sublicensable worldwide license to use process, modify, copy, publish, distribute and process information and content (messages, wall posts, chat messages, trademarks and copyright protectable works) that you provide through the Platform. This right is granted to us without any further consent, compensation, payment or notice, and limited to the following:
- This license may be deleted by specific content deleting from the Platform or by closing or account with Platform, except cases when (a) the content was shared with other users of the Platform and they copied, stored or shared it and (b) it takes reasonable time to remove the backup from Platform.
- You are responsible for your use of the Platform, for any content you post, and for any consequences thereof. Nucleic Health innovations Pvt Ltd distributes user-generated content to other users only if this content does not violate the law or these Terms. Nucleic Health Innovations Pvt Ltd reserves the right to remove user-generated content without prior notice if this content violates the law or these Terms.
- Nucleic Health Innovations Pvt Ltd offers access to a virtual event with no guarantees regarding entering into an employment contract. If you do enter into a contract through the Platform, Nucleic Health innovations Pvt Ltd is not involved in this contract, and is thus not a partner in this contract. You are fully responsible for any contract you enter into through the Platform; Nucleic Health Innovations Pvt Ltd cannot be held liable for any breach of contract.
- Medical records or health care data may be shared with health care professionals or doctors working for Nuclei health as part of health care operation or patient care management or for audit purpose and for facilitating follow up treatments.
- Access to data will only be with consent from the patient with prior written authorization, in case if needed.
- Patient confidentiality and data protection will be maintained and all telemedical consultations will follow the Telemedicine Guidelines of India, 2020
- Registration is required before using the Platform. You may register only if invited by Nucleic Health innovations Pvt Ltd. Previously registered users can participate for their repeated virtual healthcare needs by Nucleic Health innovations Pvt Ltd.
- You warrant and represent that all information provided at registration is accurate and complete, and that you are of legal age. During the period of active participation in the virtual care, you are obligated to announce any change in the information provided at registration to Nucleic Health innovations Pvt Ltd without undue delay. Users can register only once with the same address and given details.
- By completing the registration process, you submit an offer for a contract concerning the usage of the Platform. Nucleic Health Innovations Pvt Ltd accepts this offer by activating the user account for participation in the virtual care practice. Through this acceptance, both parties enter into a contract.
- At registration, you must enter a password. You are responsible for safeguarding this password, and agree not to disclose your password to any third party. Nucleic Health Innovations Pvt Ltd shall not disclose the password to any third party and Nucleic Health Innovations Pvt Ltd shall not ask for a user’s password at any time. You must notify Nucleic Health Innovations Pvt Ltd immediately if you become aware of a breach of security or unauthorized use of your password.
3. User Rights and Responsibilities
- You are required to provide accurate, complete, and non-misleading information within your healthcare details prevailing to health conditions, Platform profile and within any communication with other users. You are not allowed to use a pseudonym or an alias.
- When using the platform, You must comply with all applicable legislation, and respect all third-party rights. In particular, you are prohibited from:
- propagating offensive or defamatory content directed at other users or at other entities,
- using, promoting, or distributing any pornographic materials or any content that violates any applicable legislation for the protection of minors,
- using or cultivating anti-competitive actions, including progressive canvassing (e.g. chain or pyramid schemes),
- using without authorization any content protected by law (e.g. by copyright, trademark, patent, utility patent, or design patent laws), or advertising, promoting, or distributing any goods or services protected by law,
- unreasonably annoying (particularly with spam) any other user,
- conducting the following activities, even if they are not against any law:
- explicit or implicit sexual communication,
- usage of mechanisms, scripts, or software in combination with the Platform, unless explicitly allowed by Nucleic Health innovations Pvt Ltd,
- actions which may impair infrastructure, particularly actions which may overload said infrastructure, or actions which may impair the Platform in any other manner.
- upload to the Platform any file that contains or redirects to a virus, worm, trojan horse, or other harmful technology or component that unlawfully accesses alternatively, downloads content or information stored within the Platform or on the hardware of Nucleic Health Innovations Pvt Ltd, affiliate, or any third party
- decompile, interfere with, hack, reverse engineer, disassemble, modify, copy, or disrupt the functionality, integrity, features, or performance of the Platform
- access the Platform with intent and/or in order to create a comparable or similar application or software or copy any features, graphics, ideas, images, videos, intellectual property or functions of the service
- You may report any activities of any other user which violate applicable laws and / or any of these Terms.
4. Nucleic Health Innovations Pvt Ltd Rights and Responsibilities
- All right, title, and interest in and to the Platform (excluding content provided by users) are and will remain the exclusive property of Nucleic Health Innovations Pvt Ltd and/or its suppliers. The Platform is protected by copyright, trademark, and other laws. Nothing in the Terms gives you a right to use the Nucleic Health Innovations Pvt Ltd name or any of its trademarks, logos, domain names, and other distinctive brand features.
- Nucleic Health innovations Pvt Ltd and its suppliers are entitled to take the following actions at any time if there is concrete evidence that a user is breaking laws and regulations, the rights of third parties, or these Terms, or if Events10x Ltd has other legitimate interests:
- deletion of user-generated content.
- limitation and/or blocking of access to the Platform.
5. Changes to the Platform
Nucleic Health innovations Pvt Ltd reserves the right to modify at any time the services offered on the Platform and / or the right to offer services different from those offered at the time of a user’s registration.
6. Third party links
The Platform may contain links to third-party services and advertisements (third party link) for third parties that are not under the control of Nucleic Health innovations Pvt Ltd. When you click on a Third Party Link the Nucleic Health innovations Pvt Ltd shall not be responsible to warn you that you have left Platform. You acknowledge, accepts and agree that (1) upon clicking on the Third Party Link you will then be subject to the third party terms and policies; (2) Third Party Links provided only as a convenience and Nucleic Health Innovations Pvt Ltd does not review, approve, monitor, endorse, warrant, or make any representations; (3) you are using third party links at your own risk
7. Communication with others
The Platform allows messaging and sharing of information in many ways, such as links sharing or creating of company Virtual Healthcare platform. Information and content that you share may be seen by your treating doctor or healthcare professionals.
8. Copyright beach
If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Platform by completing notice of copyright infringement and delivering it to Nucleic Health innovations Pvt Ltd . Upon receipt of the notice as described below, Nucleic Health innovations Pvt Ltd will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Platform.
9. Contract Termination
These Terms will continue to apply until the contract formed is terminated by either you or Nucleic Health innovations Pvt Ltd as follows.
- You may terminate the contract with Nucleic Health innovations Pvt Ltd at any time without cause. To terminate the contract, you must deliver a termination notice to Nucleic Health Innovations Pvt Ltd which includes your registered name and the email address you registered with.
- Nucleic Health Innovations Pvt Ltd may terminate the contract at any time upon good cause. A good cause is defined as an event which makes it unacceptable for Nucleic Health Innovations Pvt Ltd to continue the agreement to the end of the termination period, after taking into account a user’s individual circumstances and weighing the interests of Nucleic Health Innovations Pvt Ltd against the user’s interests. Good cause may include any of the following events:
- If the user fails to comply with any applicable legal provisions,
- If the user breaches a contractual obligation, in particular an obligation set forth in Sections 2 and 3 of these Terms,
- If the reputation of the services offered on the Platform is substantially impaired by the online presence of the user (e.g. if it is discovered after registration that the user has been convicted of a criminal offense, and if said conviction is known to other users,)
- If the user promotes any communities or associations (or any of their methods or activities) which are under surveillance by authorities responsible for public safety or the protection of minors
- If the user causes harm to any other user(s).
10. The Platform is Available “As-Is”
- Your access to and use of the Platform or any user content is at your own risk. You understand and agree that access to and use of the Platform is provided to you on an “as-is” and “as available” basis. Nucleic Health innovations Pvt Ltd strives for as high of a Platform availability as technically possible. However, issues such as maintenance, security, capacity, public telecommunication networks, power failure, or software and hardware defects may lead to short failures in the availability of the Platform or parts thereof. You agree not to make any claim concerning availability of the Platform.
- To the maximum extent permitted by applicable law, Nucleic Health innovations Pvt Ltd provides access to and use of the Platform without warranties of any kind regarding any data and/or information provided or made available by any user on the Platform or on any external websites linked to within the Platform. In particular, Nucleic Health Innovations Pvt Ltd does not warrant or represent that said data and/or information is true or accurate, or that it fulfils or serves any particular purpose. Nucleic Health Innovations Pvt Ltd cannot be held liable for any information that you may have depended upon while using the Platform.
11. Limitation of Liability
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE 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 YOUR ACCESS TO THE PLATFORM.
- Whatever the legal grounds, liability for damage claims based solely on ordinary negligence against Nucleic Health Innovations Pvt Ltd (including its vicarious agents) shall exist only if Nucleic Health Innovations Pvt Ltd breaches a basic/cardinal obligation under these Terms. A cardinal obligation is an obligation that the user can expect to be fulfilled, and whose fulfilment is a prerequisite to the ordinary execution of the contract. In the event of such a breach, the amount of claims are limited to typical and foreseeable damages.
- Limits shall not apply to the extent damages are covered by Nucleic Health Innovations Pvt Ltd.’s business liability insurance, providing that the insurance company has effected payment to Nucleic Health Innovations Pvt Ltd. Nucleic Health Innovations Pvt Ltd will maintain the insurance coverage existing at the time this contract is concluded.
- The above liability exclusions and limitations shall not apply in the event of the assumption of express guarantees by Nucleic Health Innovations Pvt Ltd or its vicarious agents, or in the event that promised features are lacking.
- You shall indemnify and exempt Nucleic Health Innovations Pvt Ltd from all actions, including damage claims, asserted by other users or third parties against Nucleic Health innovations Pvt Ltd resulting from an infringement of their rights by the content you posted on the Platform or the manner in which you used the Platform services. You assume all reasonable costs Nucleic Health Innovations Pvt Ltd incurs due to an infringement of third party rights, including all reasonable legal defence costs. All other rights, including damage claims by Nucleic Health Innovations Pvt Ltd , are hereby unaffected. You have the right to prove that Nucleic Health Innovations Pvt Ltd incurred lesser charges than claims made.
- The aforementioned obligations shall not apply to the extent you are not responsible for the infringement.
- In the event that your posted content infringes any rights of any third party, you shall at your own expenses and at Nucleic Health Innovations Pvt Ltd ‘s discretion, either obtain the right to use said content or render said content free of any infringement. In the event that you infringe third-party rights when using the Platform, you shall discontinue such use if so requested by Nucleic Health Innovations Pvt Ltd.
13. Data Protection
Nucleic Health Innovations Pvt Ltd recognizes that any data you provide on the Platform is extremely important to you, and Nucleic Health Innovations Pvt Ltd shall therefore be particularly sensitive in handling such data. Nucleic Health Innovations Pvt Ltd shall comply with all applicable legal provisions regarding data protection (as per the Indian Data Protection Directives and any other applicable data protection legislation). Details on the treatment of your data are set forth in the separate Data Protection Policy.
16. Final Provisions
- These Terms and any subsequent amendments must be in writing to be valid. No secondary agreements exist. These Terms supersede and replace any prior version of these Terms agreed upon between you and Nucleic Health innovations Pvt Ltd.
- Nucleic Health innovations Pvt Ltd reserves the right to revise these Terms at any time. If the revision is material, Nucleic Health innovations Pvt Ltd shall give due notice to all users. By continuing to access or use the Platform after those revisions become effective, you agree to be bound by the revised Terms.
- If any provision of these Terms is, for any reason, invalid and/or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.
- These terms are exclusively governed by the law of India. The place of performance and jurisdiction under these Terms and any related actions shall be In Kochi India. You consent to this service and waive any objection.