The company is committed to protecting the subscriber's privacy.
The company assures to the subscriber of privacy of SHI provided by him in his verified account subject to the following:
The Company shall not disclose or sell any of the subscriber's personal information, including name, address, age, gender or medical history to any third party without permission of the subscriber. However the Company shall have right to disclose certain information, without the subscriber's consent, if the same is called upon by the statutory bodies, Government or judicial authorities, etc.
The following is the information of the Company to its Subscribers about the practices in gathering and dissemination of health information for the company's web site. IP Addresses, Domain, Host and Other Information.
When a Subscriber uses the web site and uploads the information, the Company stores for him the following
The domain name; the Internet host; the unique Internet Protocol (IP) address of the computer the subscriber has used; the Browser Software used and Operating System; the Date and Time of access; and the Internet Address, if any of the site from which the website was linked.
The Company keeps this information to conduct system administration, site analysis, to maintain visitor anonymity; however, the Company does not associate IP addresses with records containing personal information but uses IP addresses to identify visitors.
The company has security measures in place to protect the loss, misuse and alteration of the SHI provided by the subscriber. Certain areas of the site are secured with 128-bit Secure Socket Layer ("SSL") encryption technology. SSL encryption is an industry standard technology and is used by various institutions to protect the subscriber's data. Any employee or contractor requiring access for attending the technology related activities, then only, he would be given password access by the Company only to carry out the service and maintenance related functions. This access is reviewed on a regular basis, and such visitors are instructed on the Company's this privacy and security policy. To prevent loss of information, all data is backed up regularly.
The company's registration form requires its Subscribers to provide the company contact information, such as a name, age, gender, telephone, e-mail address...Etc... By subscribing to the Company's products and services, the Subscriber has agreed to receive e-mail notifications that are necessary for the Company to communicate important information, such as the receipt of facsimile messages, voice mail etc... These e-mails will not include the substance of those communications, unless the company has received to the contrary, a standing instruction from the Subscriber. If no standing instruction is on file from the user to include the substance of the facsimile and voice messages with the e-mail notifications, the e-mails will be for notification purposes only.
The Subscriber will have to login to the website into his/her account to view these messages. At the Subscriber's election, the Company also uses this information to send periodic newsletters and/or promotional material from third party partners or sponsors.
However, the Subscribers may opt-out of receiving future mailings by changing their account settings. The Company uses this information to tailor the Subscriber's experience with Elix, making content, which reflects his / her stated preferences and accessibility. Contact information may also be used by the Company to contact the Subscriber as and when necessary.
Personal health related information entered on the web site into the verified account of the subscriber, such as information about the subscriber's medical history, doctors and prescriptions is used to provide the subscribers with the services of the company such as the Emergency Wallet Card, health history reports that can be printed out for the doctors, and the drug interaction tool. The Company discloses such of the Personal information only to the subscriber or his designee or anyone who on his behalf operates his account as is more clearly specified in the "Disclosure" section below.
The subscriber can send E-mail to firstname.lastname@example.org
The subscriber can send mail to the following address:
The company's Drug Interaction Tool on the web site (the "Drug Interaction Service") is a service provided by the company. By accessing the Drug Interaction Service on the company's web site , Subscribers understand and agree that
The company is not responsible for the results of the decisions resulting from the use of the Drug Interaction Service, including, but not limited to, choosing to seek or not to seek professional medical care, or choosing or not choosing a specific treatment based upon the Drug Interaction Service. For more clarity, it is declared that the drug interaction tool shall not be considered in any which case as suggestion or medical advise provided by the company.
The company does not guarantee the accuracy, timeliness or completeness of the drug information provided through the Drug Interaction Service.
All content on the company's web site , including but not limited to, all graphs, graphics, photographs, text, sounds, data, and audio and video clips, is the exclusive property of the company , its licensors, or its content suppliers, and is protected by Copyright Act. The compilation, collection, selection, arrangement, assembly and coordination of all content available on the website is the exclusive property of the company and protected by Indian and International copyright laws.
Information on the company's web site may be displayed, reformatted, and/or printed for the Subscriber's personal, non-commercial use only. Information on the company's web site may not be reproduced, retransmitted, distributed, disseminated, sold, published, broadcast, or circulated to or for anyone. Any copy made of information obtained through the company's web site must include the copyright notice.
The company's web site and any additional sites that are owned or controlled by the company are trademarks of the company and are protected by Indian laws. Any unauthorized use of trademarks appearing on the web site shall constitute a violation of law, which shall result in both civil and criminal penalties.
The company's web site is provided "AS IS" and "AS AVAILABLE" without warranty of any kind, either express or implied, including but not limited to, warranties of merchantability, fitness for a particular use or purpose, title, infringement, accuracy, reliability, completeness, timeliness, usefulness, adequacy or suitability of the Content.
The company cannot and will not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data or inability to access data.
Further, the company cannot and does not warrant or guarantee that the functions or services performed on the company's web site will be uninterrupted or error-free, or that defects in the company's web site will be corrected.
The subscriber hereby agrees to indemnify, defend, protect, release, and hold the company , its officers, directors, employees, agents, and its affiliates, Information Providers, and Suppliers and their respective officers, directors, agents, and employees harmless from and against any and all losses, expenses, damages to persons or property, injuries or deaths of persons, liability, claims, liens, demands, and causes of action, including claims of infringement of copyright, trademark, or other intellectual property rights, and including the amounts of judgments, penalties, interest, court costs, and legal fees including reasonable attorney's fees incurred by the company , its affiliates or their respective officers, agents, and employees in defense of same ("Claims") arising in favor of any person, corporation, or other entity, including the parties hereto and their employees, contractors, and agents in connection with this Agreement or any activity related to your Account or your use of the company's web site .
The subscriber understands and agrees that such indemnity shall apply regardless of whether the Claims arise in whole or in part from the actual or alleged sole, comparative, concurrent, active, passive, contributory or gross negligence of the company , its affiliates and their respective officers, directors, agents, and employees or by you or any other person accessing and/or using the Site and/or your Account.
The subscriber agrees that neither the company nor its officers, directors, employees, and agents, nor its affiliates, Information Providers, or Suppliers and their respective officers, directors, employees, and agents shall have any liability to you under any theory of liability or indemnity in connection with, arising out of, or in any way incident to this Agreement or any activity related to SHI or access or use of the company's web site . The subscriber hereby releases and forever waive any and all claims you may have against the company , its officers, directors, employees, and agents and its affiliates, Information Providers, and Suppliers and their respective officers, directors, employees, and agents for losses or damages you sustain in connection with your use of the company's web site. However, the liability of company shall be limited to the amount of subscription fee paid by the subscriber and nothing more.
Purpose: If a subscriber has a Dispute (as defined below) with the company , the subscriber or the company shall elect to arbitrate that Dispute in accordance with the terms of Arbitration Provision rather than litigate the Dispute in court. Arbitration means you will have a fair hearing before a neutral sole arbitrator instead of in a court by a judge or jury. However, the sole arbitrator shall be an officer of the rank of district and sessions judge retired from Indian Judicial Service and the language of the arbitral tribunal shall be English. The place of arbitration shall be Bangalore and the applicable law on arbitration shall be Indian Law along with Arbitration and Conciliation Act 1996.
Definitions: As used in this Provision, the term "Dispute" means any dispute, claim or controversy between the subscriber and the company , whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence or any other intentional tort), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Arbitration Provision.
Applicable Law. This Agreement is governed by and is to be construed according to the laws of the India.
Nonwaiver. the company's failure to insist upon or enforce strict performance of any provision of this Agreement or to exercise any rights herein will not be construed as a waiver of any provision or relinquishment to any extent of the company's right to assert or rely upon such provisions or rights on any future occasion. Neither the course of conduct between the parties nor trade practice will act to modify any provision of this Agreement.
Assignment. the company may assign its rights and obligations under this Agreement to any party at any time without notice. Commencing immediately upon such assignment, the company will be relieved of any further obligation hereunder.
Notices. Any notice which may be or is required to be given under this Agreement must be in writing and must be sent RPAD, courier. All notices will be effective upon receipt by the party at each party's address as follows:DataLifeHealth Services Pvt. Ltd.
The provisions of this Agreement are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability will not in any way affect the validity or enforceability of the remaining provisions hereof, but such invalid or unenforceable provision will be deemed modified to the extent necessary to render it valid or enforceable, preserving to the fullest extent permissible the intent of the parties set forth herein.
The company reserves the right to amend this Agreement from time to time without notice. Such Amendment will be effective immediately upon either posting the Amendment or this Agreement as amended. A Subscriber's continued access to or use of the company's web site will be deemed the Subscriber's conclusive acceptance of any and all Amendments and the most current amended Agreement.
Neither Party will be liable for any performance failure or delay for any cause beyond that Party's reasonable control.