Welcome to the User Agreement for SECURRA Applications (the “Applications“). The Applications is operated by Amtex Systems Inc. (“Amtex”), having its registered office address at 28 Liberty St 6th Floor, New York, NY 10005, USA.
The terms ‘You’ or ‘Your’ refer to you as the user (irrespective of whether You are a Registered User or a Non-Registered User) and the terms ‘SECURRA’, ‘We’, ‘Us’, ‘Company’, and ‘Our’ refer to SECURRA. In the event the Applications are being used by a person on your behalf, the expression “You” or “Your” shall apply to such a person as well.
The Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you.
1. THE APPLICATIONS
1.1. SECURRA is the author and publisher of the Applications SECURRA Connect: SECURRA Monitor: SECURRA VER: and SECURRA Store and all variants, editions, add-ons, and ancillary products or services of the Applications (including all ﬁles and images contained in or generated by the software, and accompanying data, together).
Securra Connect: Securra Connect refers to the integrated teleconsultation platform which enables virtual consultation between the doctor and the patient.; the app includes includes prescription and appointment management system
Securra Monitor: Securra Monitor is the Remote Patient Monitoring platform which enables the patient to share the vitals and other relevant details pertinent to the care program
Securra VER: Securra Virtual Emergency Room is the emergency SOS platform which can be used in the time of emergency to locate the nearest hospital that the patient could go to
1.2. The Applications may be used by the Users (as deﬁned below) to avail Services provided under each of the Application 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, electronic medical records, billing, inventory, accounting details and other relevant information.
2.1. “Registered Users” are users (i) who have successfully registered themselves with SECURRA through the Applications by providing information that is true and accurate, and who can log on to their account on the Applications by providing their username and password (“Primary User”); (ii) Whose proﬁle has successfully been created on the Applications under the account of a Primary User, by providing information that is true and accurate (“Secondary User”).
2.2. “Health Care Service Providers” or “HSPs” are duly qualiﬁed doctors, nurses, paramedical staﬀ, physiotherapists, consultants, medical equipment suppliers, laboratory service providers, other incidental and ancillary health care service providers who interact with Registered Users as part of the Services.
2.3. “Non-Registered Users” are Users who have not successfully registered themselves on the Application. Non-Registered Users may not be provided access to certain areas of the Application.
Registered Users and Non-Registered Users shall individually or collectively be referred to as “Users”.
3. ACCESS AND USAGE RIGHTS OF USERS
3.1. Non-Registered User: A Non – Registered User is not permitted to access or make use of the Applications for any purpose other than what is speciﬁcally permitted. A Non-Registered User is speciﬁcally permitted to:
(i) Browse the Applications without accessing any Services;
(ii) Share the Applications via social media Applications.
3.2. Registered User: A Registered User is not permitted to access or make use of the Applications for any purpose other than what is speciﬁcally permitted. A Registered User is speciﬁcally permitted to:
(i) Enjoy all the access and usage rights of a Non-Registered User;
(ii) Access and use the Services subject to such limitations and restrictions as are prescribed under the Agreement or may be otherwise communicated to Registered User from time to time through any contact information shared by such User at the time of registration.
The data and information available on the Applications may be categorised as follows:
(i) Data and information generated or provided by Non-Registered Users and Registered Users on the Applications (“User Content”)
(ii) Data and information which SECURRA (through itself or its contractors) has generated or procured for the Applications and includes data and information generated or provided by HSP (“SECURRA Content”).
5.1. As required by law, You must be at least 18 years of age and have a sound mind to access and use the Applications and Services. In case the Applications or Services are to be accessed or used by a minor (i.e. a person less than 18 years of age), then the legal guardian/representative of such person shall register himself/herself as a Primary User and create the proﬁle of the minor as a Secondary User.
5.2. All Services will be requested for and provided to, the Primary User only. A Secondary User may avail the Services rendered to the Primary User as a beneﬁciary. The Primary User will be responsible and accountable for the Secondary User’s activity on the Applications as if the Applications and Services were being accessed and used by the Primary User. However, this shall not discharge the Secondary User from liability towards SECURRA or its contractors or agents and SECURRA shall have the right to proceed against Secondary User and Primary User, either jointly or severally, for acts and omissions of Secondary User that violate the Agreement.
5.3. You will use the Applications and the features provided by the Applications only in relation to and in compliance with all applicable Indian laws.
5.4. You will not use this Application, or any feature provided by the Applications for any purposes not intended under this Agreement.
5.5. Where applicable, You shall use the Applications subject to signing the consent forms / authorisation forms provided under this Agreement.
5.6. The “MCI Telemedicine guidelines” (please place link here) does not provide for a doctor in India to provide consultation outside of India. In a situation where You avail of any Services outside India, which involves interaction with HSPs, You should have the advice and / or prescription given by such HSP validated by a locally registered medical practitioner. The Services provided under the Applications shall be strictly available only to Users within India. Certain Services are location specific. Depending on Your location, some Services may not be available to You. You will not deliberately use the Applications in any way that is unlawful or harms SECURRA, its directors, employees, affiliates, distributors, partners, service providers and / or any User and / or data or content on the Application. In a situation where You avail of any Service outside India, which involves interaction with a HSP, You should have the advice and /or prescription given by such HSP validated by a local registered medical practitioner.
5.7. As a User, You may have access to business sensitive information. You shall not share such information with SECURRA’s direct competitors or use it for competitive purposes, except with SECURRA’s prior written consent.
5.8. You understand that as part of Your registration process as well as in course of Your use of the Applications, You may receive an SMS, WhatsApp message or email communication or both from SECURRA on Your registered contact information. These communications will relate to Your registration, Services provided by SECURRA, transactions that You carry out through the Applications and any such information found suitable for Your attention by SECURRA. Please note that SECURRA will send these communications only to the mobile number that You provide on the Application. It is Your responsibility to ensure that You provide the correct number for the transaction You wish to enter into. Further, SECURRA may also send notiﬁcations and reminders to You for the features that You may be using on the Application. You hereby consent to receive such communications from SECURRA.
5.9. As a Registered User, You will not share Your log-in details with anyone. You are responsible for maintaining the conﬁdentiality of Your account access information and password. You shall be responsible for all usage of Your account and password, whether or not authorized by You. You shall immediately notify SECURRA of any actual or suspected unauthorized use of the Your account or password. Although SECURRA will not be liable for Your losses caused by any unauthorized use of Your account, You may be liable for the losses of SECURRA or others due to such unauthorized use.
5.10. You acknowledge that the Applications are informative in nature and provide certain information-based services to help You gain access to healthcare services and that Amtex and the Applications are not directly engaged in the business of providing such healthcare services.
6.1. Depending on the status of Your registration and subject to the limitations and restrictions imposed by the Agreement or by SECURRA, You may avail, use and access the following healthcare and related services through the relevant Applications wherever necessary (“Services”):
- Online Consultations
- Remote Monitoring of Health Status
- Lab/sample collections;
- Medicine delivery through our partners;
- Online long term care programs for chronic diseases;
- Follow up service;
- Medical equipment order and delivery through our partners;
- Second opinion service;
- Patient data storage service;
- Virtual Emergency Room Services;
- Built-in app features such as medicine reminders, storage and display of Your medical records, information and history, including general medical information, outpatient records, discharge summaries, prescriptions, lab investigations and radiology reports along with information regarding Your family members;
Such other services may be intimated from time to time.
6.2. Your use of and access to the Services under the relevant Applications shall be subject to the following conditions:
- The Services are non-transferable and only cover the Registered User.
- You are advised not to use the online consultation services available on the SECURRAConnect Application in case of emergency or if You are in a critical condition.
- If You are a Registered User but do not satisfy the above pre-conditions, please do not avail the online consultation services. SECURRA will not be responsible or liable for any harm or loss that You may suﬀer if You elect to access those Services. All Users, who are patients, and who opt for online consultation services under the SECURRAConnect Application, may be required to undergo an initial medical examination to ascertain and record medical history, medication history and medical status before video-consulting support can be provided.
- Online consultation services under the SECURRAConnect Application may be provided via the following communication channels: Call Center Helplines / Telephones / Mobiles / IM Chats / Online Chats / SMS & Text Chats with and without a camera and video facilities at the sole discretion of SECURRA. Reasonable eﬀorts will be made to protect Your privacy and conﬁdentiality across health consultation services.
- Subject to applicable law, SECURRA will use commercially reasonable efforts to make the Services available to Registered Users 24 hours a day, 7 days a week, except for:
- Planned downtime that will be communicated in advance to Registered Users.
- Any unavailability caused by circumstances beyond SECURRA’s reasonable control, including without limitation, cyber-attacks, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems, or internet service provider failures or delays.
- When such Service is rendered under a time-schedule, the obligation of SECURRA under this clause shall be limited to making available such Service during the time-schedule. This obligation will also be subject to (a) and (b) above.
- When the Registered User is outside the operational coverage of Services.
- SECURRA has no responsibility towards Non-Registered User for providing Services.
- For the avoidance of doubt, it is hereby clarified that SECURRA’s responsibility towards Registered User will be limited to the provision of the Services as per the terms and conditions of the Agreement.
- If SECURRA suspects any illegal, wrongful or fraudulent activity on the Applications by any User, notwithstanding any other rights SECURRA may have against such User, SECURRA reserves the right to inform the relevant government or law enforcement authorities. SECURRA will cooperate in all investigative procedures or requests for access / information initiated by any such government or law enforcement authorities.
- SECURRA reserves the right to add new functionality, remove existing functionality, and modify existing functionality to its Services as and when it deems fit, and make any such changes available in newer versions of Applications at its discretion. All Users of its Services will be duly notified upon release of such newer versions and SECURRA reserves the right to automatically upgrade all Users to the latest version of its Services as and when it deems fit.
- The Applications and Services may be subject to certain limitations, such as, limits on storage space, limit on bandwidth, unexpected downtime, unavailability of HSPs due to unforeseen circumstances, etc.
- SECURRA reserves the right to schedule/reschedule/cancel appointments and swap HSPs at any time without prior intimation.
- SECURRA reserves the right to refuse Service at any time without providing any reasons.
6.3. You understand that the Services may be provided to You through suitable technology-based platforms e.g. telephone, video, devices connected over LAN, WAN, Internet, mobile or landline phones, including communication platforms like WhatsApp, Facebook Messenger, Skypes or such other mobile applications or internet based digital platforms for telemedicine or data transmission systems like email/ fax etc.
7. SECURRA’S RIGHTS TO THE APPLICATIONS AND SECURRA CONTENT
7.1. SECURRA respects the intellectual property rights of others, and We expect the same from You. The Application, User Content and the SECURRA Content are protected by applicable intellectual property laws.
7.2. All intellectual property in and to the Applications and all software, techniques and processes used in connection with the aforesaid, belongs exclusively to SECURRA or its licensors. As a User, You are granted a limited license to access and use the Applications as per the terms of the Agreement. Your use of the Application, by no means are any intellectual property rights impliedly or expressly granted by SECURRA to You in respect of such works.
7.3. SECURRA and / or its licensors assert all proprietary rights in and to all names and trademarks contained on the Application. Notwithstanding the generality of the foregoing, the name and logo of “SECURRA” is/are the trademarks and copyright (inclusive of any other applicable intellectual property right) of SECURRA and/or its licensors.
7.4. Any use of such name or logo, unless otherwise authorized in a written Agreement, will constitute an infringement upon the trademark and copyright (or any other such intellectual property right) of SECURRA and/or its licensors and may be actionable under applicable laws.
7.5. Except as stated otherwise in this Agreement, all SECURRA Content (including all intellectual property rights to such content) is owned exclusively by SECURRA and/or its licensors.
7.6. When You use any of the Applications in accordance with this Agreement, a limited royalty-free right is granted to You by SECURRA to use SECURRA Content for personal and non-commercial use in India for the term of the Agreement.
7.7. Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring on You any license to intellectual property rights, whether by estoppel, implication, or otherwise. Unless expressly authorized by SECURRA, You agree not to reproduce, modify, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the SECURRA Content, in whole or in part, by any means. You must not remove or modify any copyright or trademark notice, or other notice of ownership.
8. RIGHTS IN USER CONTENT
You agree that You are the owner of all rights (including all intellectual property rights) in the User Content that You post on the Applications or provide to SECURRA.
To the extent permissible by law, You hereby grant SECURRA a perpetual, non-revocable, worldwide, royalty-free license to make use of such User Content including the right to copy, distribute, display, reproduce, modify, adapt, the User Content, and create derivative works of the User Content.
9. PATIENT CONSENT & PRIVACY
9.1. You have the option of uploading Your identiﬁable health information including physical, physiological and mental health condition, and medical records and history on the Applications which may be accessed by SECURRA and/or HSPs using the Application, during the course of providing Services to You. As a Registered User, You agree that by uploading such health information, You consent to sharing of such health information with any doctor associated with the SECURRA Applications.
9.2. If You are a Secondary User of any of the Applications, Your information may be provided to Us by the Primary User under whose account You are using and accessing the Applications and Services. If you have not lawfully authorized the Primary User to do so, kindly reach out to us immediately at [info@SECURRA.com]. By continuing to access and use the Applications and Service, You conﬁrm that You have authorized Primary User to provide Your information to Us.
9.3. We may collect various personal information from You when You use the Applications and for the features provided by the Application.
10. OTHER WEBSITES/MOBILE APPLICATIONS
You may be provided with links on the Applications that direct You to third Party websites / applications / content or service providers (collectively “Third-Party Content”).
11. SECURRA RESPONSIBILITIES
11.1. SECURRA will make available qualiﬁed HSPs to render Services after carrying out appropriate background and reference checks. It is hereby clariﬁed SECURRA’ obligation to carry out appropriate background and reference checks and to validate qualiﬁcation of HSPs shall extend but be limited to ensuring that the HSPs are registered with relevant state professional councils or central professional council and have a certiﬁcate of good standing from the relevant professional council at the time engagement of their engagement with SECURRA. Please note that SECURRA does not endorse any particular HSP mentioned on the Applications and does not make any representations or warranties with respect to HSPs or the quality of healthcare services they may provide.
11.2. SECURRA’s role is limited to providing Services set out in clause 6 above through the relevant Application(s).
12. LEGAL COMPLIANCES
SECURRA will strictly adhere to and adopt all reasonable measures to ensure compliance to all central and state government regulations and directives as applicable from time-to-time.
13. DATA RECORDING, STORAGE, ENCRYPTION & USAGED
13.1. The information stored on the Applications may be entered by You or by a HSP in the course of Services provided by SECURRA. The information collected as part of the Services may be stored on Your mobile device as well as on a third-Party cloud platform (“Cloud Service Provider”) or server (“Storage Service Provider”).
13.2. You consent to audio recording of Your consultations in accordance with applicable laws. SECURRA may record, save and store certain IM chat consultations/ text messages / audios / videos (if recorded by the User and sent to the HSPs) / transcripts / prescriptions / email and hard copy correspondences between Users, who are patients, and HSPs engaged by SECURRA for record purposes and in the event, such records are required to be produced as evidence on the direction of a court of law. SECURRA may review this data from time to time for quality evaluation purposes. However, under normal circumstances, SECURRA will not access any information that identiﬁes You and shall either omit, mask or anonymize Your personal information at the time of quality evaluation.
13.3. It is hereby clariﬁed that SECURRA does not have the obligation to pre-screen or monitor User Content at any time. However, SECURRA may elect to monitor any User Content and may modify or remove any User Content from the Applications if SECURRA determines in its sole discretion that such User Content is in violation of this Agreement or any applicable law and best practices. Where SECURRA CONNECT removes any User Content from the Applications, SECURRA will make reasonable eﬀorts to inform the Registered User who has posted such User Content.
13.4. All User Content shall be recorded, saved and stored electronically on a secure cloud database/server managed by the Cloud Service Provider/ Storage Service Provider. SECURRA shall take best eﬀorts to ensure that the Cloud Service Provider/ Storage Service Provider uses appropriate levels of encryptions to protect data and takes all necessary precautions. SECURRA will however not be responsible for any cyber data theft from its Applications or the Cloud Service Provider’s/ Storage Service Provider’s databases.
Note: SECURRA shall maintain a detailed transaction & purchase history of Users online. SECURRA reserves the right to permanently delete User Content in case the User does not avail a Service for a period of three years.
14. USER RESPONSIBILITIES
14.1. Your use of the Applications shall be subjected to the following terms and conditions:
- You will observe and comply with the terms and conditions of the Agreement in letter and spirit;
- You will provide full and accurate information about Your health, medical history and personal care needs;
- You will strictly adhere to the advice and instructions given by HSPs from time to time;
- You will not delete or modify any content of the Applications including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that You do not own or have express permission to modify;
- You will not decipher, decompile, reverse engineer, or disassemble the SECURRA content;
- You will not use any engine, software, tool, agent or other device oR mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Applications;
- You will not remove any copyright, trademark registration, or other proprietary notices from the Applications. You further agree not to access or use the Applications in any manner that may be harmful to the operation of the Applications or its content;
- You will not frame or hotlink or deep link any SECURRA Content;
- You will not use the Applications and / or Services in any way that is unlawful, or harms SECURRA or any other person or entity, as determined in the SECURRA’s sole discretion.
- You will not engage in any form of antisocial, disrupting, or destructive acts, including “ﬂaming”, “spamming”, “ﬂooding”, “trolling”, “phishing” and “grieﬁng” as those terms are commonly understood and used on the Internet;
- You will not host, display, upload, modify, publish, transmit, update or share any information that belongs to another person and over which You do not have suﬃcient legal rights;
- Grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, 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;
- Harm minors in any way;
- Infringe any patent, trademark, copyright or other proprietary rights(se), violates any law for the time being in force;
- Deceive or mislead the addressee about the origin of such messages or communicate any information which is grossly oﬀensive or menacing in nature;
- Impersonate another person;
- contain software viruses or any other computer code, ﬁles or programs designed to interrupt, destroy or limit the functionality of any computer resource; Threaten the unity, integrity, defence, 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 to any other nation.
14.2. Without prejudice to the rights that SECURRA may have under other provisions of the Agreement, where SECURRA has reasons to believe that a User has violated a term or condition of the Agreement, then SECURRA shall, in its sole discretion:
- Suspend the provision of Services; and/or
- Suspend the account of the User until there is enough information available with SECURRA to determine whether the User had violated a term or condition of this Agreement; and/or
- Suspend or terminate the account of the User where SECURRA has determined that the User had violated a term or condition of this Agreement; and/or
- Approach User to make good that loss or damage caused to SECURRA as a pre-existing condition to revoke the suspension; and/or
- Take any such action against the User as it permissible under the law; and/or
- Raise invoice of Services availed by the User; and/or
- Disable and/or delete such User Content that is in contravention of the Agreement while preserving such information and associated records for the purpose of production to governmental authorities for investigation purposes.
15. PAYMENT, FEES AND TAXES
15.1. You agree to pay all service fees, consulting fees, reasonable out of pocket expenses and other fees, as applicable to Your use of the Services under the relevant Application. While SECURRA will strive to give you a fair estimate of fees in advance, the actual fee may be dependent on the type of Services that You purchase and may vary based on the number or duration of the Services subscribed to.
15.2. It is hereby clariﬁed that unless speciﬁcally included in writing, the Services shall not include the cost of medicines or additional tests and procedures such as blood tests, MRIs, CT scan, X-Rays, etc. Where covered, these costs will be charged to You at pre-agreed rates.
15.3. You are solely responsible for payment of all taxes, legal compliances, statutory registrations, and reporting. SECURRA is in no way responsible for any of the taxes except for its own income tax.
15.4. The fees could be paid online through the facility made on the Applications. Third parties’ support and services are required to process online fee payment. SECURRA is not responsible for any loss or damage caused to a User during this process as these third parties are beyond the control of SECURRA.
15.5. At the sole discretion of SECURRA, the fees could also be paid oﬄine and be either collected personally from the User or required to be mailed to SECURRA at the following address: 28 Liberty St 6th Floor, New York, NY 10005, USA.
All fees are exclusive of taxes. The payment process would be considered to be complete only on receipt of the amount to a SECURRA -designated bank account.
15.6. An invoice for fees against Services received by You will be generated periodically and will be intimated to You on the Applications. You may be requested to make the payment immediately or on a deferred basis, at the sole discretion of SECURRA. In case the fees against Services are not received within the requested time-frame, SECURRA reserves the right to stop the provision of Services on an immediate basis, permanently delete Your account and all information stored against Your account and suspend or terminate the Agreement. You will be solely responsible for the consequences of non-payment for the fees within the requested time-frame and have no right of recovery in any form against SECURRA.
15.8. SECURRA shall send an intimation of receipt of fee from You through an email within seven working days of receipt of the fee.
16. ACTIVATION & DELIVERY
16.1. For Services that require activation, an executive will get in touch with You within 2 business days of the purchase to help ﬁnish all paper formalities, activate the subscription and deliver all documents to the registered address within 10 business days of online purchase.
16.2. For any Service that involves home visits, We will communicate the availability of the HSP at the time of providing the Service. If You wish to reschedule the home visit, You can select a preferred appointment date and time through the Applications. While SECURRA does not guarantee the availability of appointment date and time, it will try and conﬁrm the appointment as per Your preference.
16.3. For all SECURRA Services that require delivery, the estimated delivery date shall be provided to You on the Applications at the time of placing the order.
17. REFUND & CANCELLATION POLICY
17.1. For internet-based subscription services and where applicable, You are free to cancel the Service at any time. In case of cancellation of subscription to the SECURRAConnect Application, SECURRA shall refund any unexpended advance fees paid by You at the time of cancellation of the Service. This refund policy shall not apply in case of cancellation of Your subscription to the SECURRA VER and SECURRA Monitor Application.
17.2. In case You wish to seek a refund of the advance paid by You because You do not agree with a modiﬁcation to the Agreement, please write to [info@SECURRA.com]. We will process a refund of the unexpended amount.
18. PATIENT EMERGENCIES
The Services of SECURRA are not a replacement to emergency services provided at hospitals and should not be accessed by the Registered User if the patient is in a critical condition. In case of an emergency, please contact SECURRA’s virtual emergency services available on the SECURRA VER Application and/or rush to the nearest hospital.
19. REPRESENTATIONS AND WARRANTIES
19.1. By using the Applications, You hereby represent and warrant that:
- You are 18 years of age or older and that your use of the Applications shall not violate any applicable law or regulation;
- Where a minor may access or use the Applications or Service, You will ensure that such access or use happens through Your account and under Your supervision. Further, You accept to be accountable and liable for the activity of the minor on the Applications, including in respect to the Services availed on the Applications.
- All registration information You submit is truthful and accurate and that You agree to maintain the accuracy of such information;
- You as a Registered User, will use the Applications solely for Your personal and non-commercial use. Any use of the Applications or its content other than for personal purposes is prohibited.
19.2. SECURRA represents and warrants that:
- It is a company duly organized under the Companies Act, 2013 and has the power and authority to provide the mentioned services and the Applications.
- It has all permits, approvals and licenses necessary to carry out the services and fulﬁl its obligations hereunder.
- By entering into this Agreement, SECURRA does not violate any of the previous arrangements entered into with other entities to which it is a Party.
21.1. You understand that there are inherent risks involved in receiving healthcare services over a mobile / computer platform, which include:
- Information transmitted may not be suﬃcient (e.g., poor resolution of images) to allow for appropriate medical decision making by a HSP;
- Your HSP may neither be able to provide medical treatment to you nor provide for, or arrange for care that you may require in the case of an emergency;
- Delays in medical evaluation and treatment could occur due to deﬁciencies or failures of the Applications; security protocols could fail, causing a breach of privacy of your conﬁdential medical information.
- A lack of access to complete medical records may result in errors in medical judgment;
- Any technical issues which may arise while monitoring Your medical conditions on the SECURRA Monitor Application.
20.2. As a Registered User, You may avail of the Services provided through the SECURRA Applications, however, We make no guarantees as to the desired result / outcome from the use of the Services.
20.3. SECURRA hereby disclaims any responsibility towards Users in terms of development, maintenance and updation of the Application. Any modiﬁcation, development, maintenance or updation of the Applications and any modiﬁcation, transfer, license or assignment of the rights in the Applications shall be done by SECURRA as per its sole judgment and in its sole discretion.
20.4. The Applications and Services provided by SECURRA are provided “as is” as available, and without any warranties or conditions (express or implied, including the implied warranties of merchant- ability, accuracy, ﬁtness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade).
20.5. To the fullest extent permitted by law, SECURRA disclaims all liability arising out of the User’s use or reliance upon the Applications, the Services, the SECURRA Content, representations and warranties made by SECURRA or any opinion or suggestion given or expressed by SECURRA or its contractors and agents (including HSPs). Speciﬁcally, SECURRA disclaims any liability arising out of:
- Any pre-existing medical condition;
- Any adverse drug reaction (due to any act or omission based on information found on the Application, or otherwise);
- Sudden escalation of a prior medical condition or medical situations that occur on account of omission of critical and material health information by a User;
- Any adverse effect on User’s health condition arising out of medical advice given by HSPs or any other doctor contacted through SECURRA Applications / treatment given at hospitals contacted through SECURRA’s virtual emergency room services under the SECURRA VER Application.
20.6. SECURRA shall not be responsible for any breach of service or service deficiency by any HSPs or other service providers contacted through the SECURRA Applications.
SECURRA assumes no responsibility and shall not be liable for ways in which Your personal data is used by HSPs or other service providers contacted through the SECURRA Applications. Usage of Your personal data by the HSPs / other service providers in compliance with the applicable privacy laws shall be in accordance with your contractual relationship with such HSPs or other service providers.
20.7. You understand and agree that Your relationship and all interactions with the HSPs and other service providers contacted through the Applications are strictly between You and the HSPs or other service provider. SECURRA shall not be liable for any loss, claim or damages of any kind whatsoever arising out of Your interactions with such HSPs / other service providers.
20.8. SECURRA may disclose Your personal data/ information in accordance with applicable privacy laws. SECURRA shall, however, not be responsible or liable for breach or loss of data including personal information caused due to events beyond the control of SECURRA or due to technical reasons or third-party actions.
20.9. SECURRA assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the Applications or the downloading of any material, data, text, images, video content, or audio content from the Applications. If a User is dissatisﬁed with the Applications, the User’s sole remedy is to discontinue using the Application.
20.10. Neither SECURRA nor its contractors and agents (including HSPs) shall be liable to a User, monetarily or otherwise, for an occurrence wherein no medical or procedural negligence of SECURRA or its contractors and agents is proven.
20.11. The information provided on the Applications and in any other communications from or provided through SECURRA may be provided by individuals in the medical profession, however, such information is not intended as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. The provision of such information does not in any manner create a licensed medical professional / patient relationship, between You and SECURRA and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is only provided to assist you with locating appropriate medical care from a qualified practitioner. Do not disregard, avoid or delay obtaining medical advice from a qualified health care professional because of information that You may have obtained through the Applications.
20.12. Information regarding HSP and SECURRA Services is intended for general reference purposes only. Such information changes frequently and may become out of date or inaccurate. You are encouraged to independently verify any such information You see on the Applications with respect to a HSP that you seek to engage with, through the Applications for the Services. We are not responsible for the accuracy or completeness of information available from or through Our Applications. You assume full risk and responsibility for the use of information You obtain from or through Our Applications and You agree that SECURRA is not responsible or liable for any claim, or liability arising from Your use of the information. You agree to review the definitions, functionality, and limitations of the information on the Applications, and to make an independent determination of their suitability for Your use. We make no guarantees, representations or warranties, whether expressed or implied, with respect to information provided on the website or any of Our Applications.
20.13. SECURRA DISCLAIMS ANY REPRESENTATION AND/OR WARRANTY FOR THE SECURITY, RELIABILITY, QUALITY, TIMELINESS, AND PERFORMANCE OF (I) THE APPLICATIONS AND ITS FEATURES; (II) HSP INFORMATION ON THE APPLICATIONS; (III) ANY SERVICE INFORMATION, CONTENT OR ADVICE AVAILABLE ON OR RECEIVED THROUGH THE APPLICATIONS (IV) ACCESS TO OR ALTERATION OF USER CONTENT OR SECURRA CONTENT (V) TRANSMISSIONS OR DATA (VI) ANY SERVICE AVAILED BY THE USER FROM THIRD PARTY SERVICE PROVIDER BASED ON INFORMATION AVAILABLE ON THE APPLICATIONS AND (VII) ANY OTHER MATTER RELATING TO THE APPLICATIONS AND / OR SERVICES.
20.14. SECURRA MAKES NO WARRANTY OR REPRESENTATION THAT ANY ERRORS IN THE APPLICATIONS WILL BE CORRECTED EXCEPT AS REQUIRED BY LAW.
20.15. SECURRA ASSUMES NO RESPONSIBILITY AND/OR LIABILITY WITH RESPECT TO ANY INFORMATION WHICH YOU OR A HSP MAY POST ON THE APPLICATIONS AND YOU ARE SOLELY RESPONSIBLE FOR SUCH USER CONTENT POSTED ON THE SITE.
20.16. YOU AGREE THAT THE OPEN AND REAL-TIME NATURE OF THE PLATFORM MAKE IT IMPOSSIBLE FOR SECURRA TO VOUCH FOR THE VALIDITY, AUTHENTICITY AND HONESTY OF USER CONTENT. SECURRA IS NOT RESPONSIBLE FOR ANY USER CONTENT ON THE APPLICATIONS, OR FOR THE CONSEQUENCES OF YOU READING OR RELYING ON SUCH CONTENT.
20.17. SECURRA DOES NOT PROVIDE ANY GUARANTEE AND SHALL NOT BE HELD LIABLE OR RESPONSIBLE FOR THE FAILURE TO SEND ANY COMMUNICATION, NOTIFICATION OR REMINDER TO YOU, WHETHER AS A FEATURE OF THE APPLICATIONS OR NOT.
20.18. SECURRA SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY BREACH OR LOSS OF DATA INCLUDING PERSONAL INFORMATION CAUSED DUE TO EVENTS BEYOND THE CONTROL OF SECURRA DUE TO TECHNICAL REASONS OR THIRD-PARTY ACTIONS.
21. LIMITATION OF LIABILITY
21.1. To the fullest extent permitted by law, in no event will SECURRA or its contractors or agents (including HSPs) or any of their directors, oﬃcers, employees, agents or content or service providers (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, punitive, exemplary or consequential damages (including, without limitation, loss of business, revenue, proﬁts, goodwill) arising from, or directly or indirectly related to, the use of, reliance on, or the inability to use or rely on, the Applications or the Services, materials and functions related thereto whether or not SECURRA has been warned of the possibility of such damages or could have reasonably foreseen such damages. In no event shall SECURRA be liable for: (i) provision of or failure to provide any tele-consultation service by the HSPs to the Users; (ii) provision of or failure to provide or provision of sub-par healthcare services by any third-party service provider contacted through the SECURRA VER Application (iii) any content posed, transmitted, exchanged or received by or on behalf of any User through the Applications; (iv) any unauthorised access to or alteration of the User’s transmissions or data; (v) any other matter relating to the Applications or the Service.
21.2. Notwithstanding anything to the contrary in this Agreement, in no event shall the total aggregate liability of the Protected Entities to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from the terms and conditions or a User’s use of the Applications exceed, in the aggregate, INR 5000 or the amount of payment against services that has been directly received by SECURRA from the User in the past three months for SECURRA services, whichever is lower.
You hereby agree to indemnify, defend, and hold SECURRA, SECURRA’s contractors, agents, representatives, and other authorized Users (Registered and non-registered Users, patients, HSPs), and each of the foregoing entities’ respective contractors, agents, representatives, service providers, and suppliers, and all of the foregoing entities’ respective oﬃcers, directors, owners, employees, agents, representatives, harmless from and against any and all losses, damages, liabilities and costs arising from (i) Your use of the Applications or Services (ii) Your breach of terms, conditions or provisions of this Agreement and (iii) any negligent or intentional wrongdoing on Your part.
23. USER ACCOUNT SUSPENSION
23.1. In the event where a User has breached the Agreement in SECURRA’s sole judgment or when SECURRA is unable to verify or authenticate any information provided by the User to SECURRA, or when the User fails to provide the consents necessary or desirable for SECURRA to provide the Services (or after providing such consent, later revokes), SECURRA reserves the right to suspend and / or terminate the User’s account and/or access to the Applications by blocking Your IP address or email id with or without notice to the User. Any suspected illegal, fraudulent or abusive activity may be grounds for suspending and / or terminating a User account and/or User access to the Applications and/or Services. Upon suspension or termination, Your right to use the features on the Applications including Services shall immediately cease and SECURRA may permanently remove or delete your information that is available with SECURRA, including but not limited to login and account information.
23.2. SECURRA shall not be liable to the User or any third Party for any claims or damages arising out of any termination or suspension of User’s account or any other actions taken by SECURRA in connection with such account termination or suspension.
23.3. Once the User’s account has been temporarily or indeﬁnitely suspended or terminated, the User may not continue to use the Applications under the same account, a diﬀerent account or re-register under a new account.
24.1. This Agreement will remain in full force and eﬀect while You use the Applications in any manner or capacity. You can terminate Your relationship with SECURRA at any time by providing 90 (ninety) days’ prior written notice to info@SECURRA.com. We need this period to inactivate Your User account after verifying if there are any ongoing or pending Services. SECURRA may require the User to continue using the User account until the completion of an on-going Service should the situation warrant.
24.2. SECURRA may terminate its relationship with You with immediate effect and may provide intimation of the same to Your registered email address. This Agreement with SECURRA shall automatically stand terminated in the event of death of a User. Notwithstanding anything contained herein, SECURRA shall have the right to refuse Service to You without providing any reason.
24.3. SECURRA reserves the right to suspend / terminate Your User account and / or access to the Applications without notice to You. SECURRA may, in its sole discretion, terminate this Agreement with immediate effect in the following cases:
- SECURRA has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of a User.
- Any material / particulars relating to personal and medical information furnished by a User aappears to be untrue; or
- Provisions of Services poses a risk to life of HSPs; or
- Financial dues have not been paid by a User within the requested timeframe; or
- User fails to co-operate with the HSPs or SECURRA; or
- HSPs and/or other SECURRA resources are no longer adequate, available and/or suitable to accommodate User’s health requirements.
24.4. Upon suspension / termination, Your right to use the Services on the Applications shall immediately cease and SECURRA reserves the right to delete Your information that is available with SECURRA. SECURRA shall suspend Your access to the Applications with immediate effect and You shall not use / have access to the Services under the same account, a different account or re-register under a new account.
25. APPLICABLE LAW, JURISDICTION OF COURTS AND DISPUTE RESOLUTION
25.1. The information provided under the Applications and the terms and conditions therein are governed by and to be interpreted in accordance with Laws of India.
25.2. Any disputes and diﬀerences howsoever arising out of or in connection with this Agreement shall be resolved by arbitration by a sole arbitrator appointed under the ‘Arbitration and Conciliation Act’, 1996. The arbitration shall be governed by the ‘Arbitration and Conciliation Act’, 1996 as amended from time to time. The seat and venue of arbitration shall be Chennai. The competent courts of Chennai shall have jurisdiction to grant interim reliefs to the parties.
25.3. Subject to the above clause 25.2, the courts at Chennai shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, Your use of the Applications or Services or the information to which they give access.
26.1. Severability: If any provision of this Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from the Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such events the Agreement shall be interpreted to give eﬀect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.
26.2. Notices: All notices and other communications required or permitted hereunder to be given to a Party shall be in writing, in the English language, and shall be sent e-mail, or mailed by prepaid internationally- recognized courier or otherwise delivered by hand or by messenger, addressed to such Party’s address as set forth below or at such other address as the Party shall have furnished to the other Party in writing in accordance with this provision:
If to SECURRA: 28 Liberty St 6th Floor, New York, NY 10005, USA.
If to You: At the email address provided by you to us when you registered as a User. If you are a secondary User, you agree to receive communications and be notiﬁed at the email address of the primary User.
26.3. Waiver: No term of the Agreement shall be deemed waived and no breach excused unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented. Any consent by any Party to, or waiver of a breach by the other, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other diﬀerent or subsequent breach.
26.4. Complete understanding: The Agreement contains the entire understanding of the Parties, and there are no other written or oral understandings or promises between the Parties with respect to the subject matter of the Agreement other than those contained or referenced in the Agreement.
26.5. Force Majeure: SECURRA shall not be liable for any downtime or delay or unavailability of the Applications caused by circumstances beyond SECURRA’s reasonable control, including without limitation, cyber-attacks, acts of God, acts of government, ﬂoods, ﬁres, earthquakes, civil unrest, acts of terror, strikes or other labor problems, internet service provider failures or delays, or denial of service attacks.
26.6. Advertisement: SECURRA shall have the right to place advertisements and publicity materials of its choice, including that pertaining to parties other than itself for commercial use through electronic means on the Application.
26.7. Assignment: You may not assign or sub-license, without the prior written consent of SECURRA, the rights, duties or obligations under this Agreement, in whole or in part, to any person or entity.
26.9. Survival: Even after termination, the provisions of the Agreement with respect to limitation of liability, indemnity, intellectual property, and dispute resolution will continue and survive termination.
26.10. Modiﬁcations: SECURRA reserves the right to modify any part of the Agreement at any time without giving you prior notice. No part of the Agreement shall stand modiﬁed unless consented to in writing by SECURRA. When SECURRA updates the Agreement, we will send an email to you on your registered email id which will intimate you of the changes. Alternatively, SECURRA may log you off your account and make your subsequent account log-in conditional on acceptance of the Agreement.
Note: If ‘You” do not agree to the changes, please do not access or use the Applications and the Services any further.
CONSENT FORM FOR SECURRA VIRTUAL EMERGENCY ROOM
I, _________________ hereby voluntarily consent to being onboarded on the SECURRA VER Application and I have fully understood the terms and conditions of using the same.
I further consent to SECURRA following their standard operating procedures and their best professional judgement in the event of any medical emergency call. Emergency calls refer to those which I or my emergency contacts have initiated, or which has been initiated automatically through SECURRA’s remote patient monitoring devices I am using and have already consented with.
I fully understand that the outcome of these emergency calls to VER may include any one or more of the following:
- Speaking to a member of the SECURRA VER team so that they can validate the authenticity of my medical emergency call.
- Allowing SECURRA to alert my emergency contact regarding my emergency call.
- Allowing my insurance provider and primary physician to be alerted by SECURRA about my emergency call.
- Allowing a hospital near me to be informed of my condition and potentially assisting with coordinating ambulance services where applicable, during operational hours.
- Being directed to a hospital or offered the contact details of hospitals near me where applicable.
- Being directed to SECURRA Connect or SECURRA lab or any other services where and if necessary.
Furthermore, I give my permission to SECURRA VER to give me/my emergency contact suggestions or choose a course of action keeping my best interests in mind. However, I acknowledge that no guarantees have been made to me regarding the outcomes of the emergency calls to SECURRA VER. I also acknowledge that I or my emergency contacts take full responsibility to make informed decisions as to the course of action to be followed in case of a medical emergency, irrespective of what SECURRA VER has suggested.
I fully understand and agree that SECURRA is a technology platform that will not provide any medical assistance in any situation and that they are not liable for any outcome as situations or circumstances may be beyond their control in case of an emergency.
I understand that SECURRA VER will only act as an adjunct to existing medical emergency services provided by healthcare institutions and not replace this at any given time.
SECURRA MONITOR (REMOTE PATIENT MONITORING)
Patient Consent and Authorization
SECURRAMONITOR, a Remote Patient Monitoring System is a digital technology platform to collect your health data outside of a clinical setting (for example, while you are at home or at work) and transmit that data to your healthcare provider for evaluation. The type of health data collected may include weight, blood pressure, and other physiological data that can help your physician or other healthcare provider to monitor your health and make treatment recommendations.
By signing this Consent Form, I hereby consent to SECURRA (the “Provider”) providing Remote Patient Monitoring (RPM) services (the “RPM Services”) to me and agree to the following
- Your physician or other healthcare provider has explained to you what RPM means, the type of health data that will be collected, and how it will be used in your care.
- You are aware that your health data will be collected and transmitted digitally from an SECURRAMonitor to your Physician in a safe and secure manner to maintain the confidentiality of your healthcare information.
- You will not transmit or allow the transmission of the health data of any individual other than your own.
- You will not intentionally tamper with any RPM device used in connection with your RPM services.
- SECURRAMonitor is not responsible for inaccuracies in the health data transmitted;
- You consent to the use of SECURRA Monitor as part of your care and treatment
- You have the right to withdraw this consent at any time.
- RPM services are NOT emergency services and your data WILL NOT BE MONITORED 24/7. If you think you are experiencing a medical emergency, you can contact your physician or any nearby healthcare provider or VER for assistance.
- The Medical Devices obtained from SECURRA are to be used solely in connection with the RPM Services and associated RPM program not for any other purpose or use.
- The SECURRAMonitor, Remote Patient Monitoring (RPM) system used by you, including the Patient application that you will download on your personal smartphone and the associated Medical Devices are not a replacement for usual healthcare; they are meant to assist you remotely for long term care and health coaching.
- The length of time you are on the RPM program will be determined by SECURRA at its sole discretion and you may be removed from the RPM program at any time.
- Your data and medical information obtained from your participation in the RPM program may/may not be considered part of your patient record but may be shared with other health care professionals to enhance your care and you authorize such professional disclosure. Your data and information will be securely transmitted data and reviewed at the clinician’s discretion. You will comply with the RPM program clinical expectations and if you don’t, you may be removed from the RPM program.
Remote Patient Monitoring Consent form
I acknowledge that you have read and understand Terms and conditions and I consent to receive RPM services from SECURRAMonitor
I confirm that to proceed for availing SECURRA Monitor RPM services hereafter
In the event that the patient is unable to give consent due to mental or other capacity issues, the relative, or carer who has Lasting/Durable Power of Attorney for health and welfare responsibility, may give consent if deemed to be in the best interest of the patient. In these instances the carer/relative should sign below.
Relationship to Patient:
Remote Patient Monitoring Consent form
I acknowledge that you have read and understand Terms and conditions and I consent to receive RPM services from SECURRA Monitor
I confirm that to proceed for availing SECURRA Monitor RPM services hereafter