These terms and conditions are (“Terms”) agreed upon as of today, between You (“You”), an individual residing anywhere in the world and RoundGlass Partners LLC, a limited liability company incorporated under the laws of Delaware having its office at 1756 114th Ave SE, Bellevue WA 98004, United States of America (“RG”) and using the Service Mark RoundGlass CROSS, to govern your engagement with and usage of RG’s services/facilities, offered through its application (“CROSS”) via the mobile, PC or any other device/platform.
On signing-up/subscribing to CROSS, You will be provided with access to various tools, information and contacts, including but not limited to the details of medical practitioners registered on the CROSS and other related health-based topics (“Content”). All this Content is proprietary and is created either in-house by RG or legally sourced from a network of voluntarily participating healthcare provider/medical practitioners/ organizations (“Partners”). Any plagiarism or copying of Content is strictly prohibited and shall be enforced legally. In the event, You share the Content, either wholly or in part, with your social network, You must ensure that the branding of CROSS is adequately present in the communication and that all due credit is given to CROSS for the Content.
Unless otherwise stated, the services featured on RG Cross are only available within India, or in relation to postings from India. You are solely responsible for using RG Cross for a particular purpose available through RG Cross. Redistribution or republication of any part of RG Cross or its content is prohibited, including such as by framing or other similar or any other means. Those who use Cross from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable India and local laws. You may not use Cross if you are a resident of a country embargoed by India, or are a foreign person or entity blocked or denied by the Indian government. Unless otherwise explicitly stated, all materials found on Cross are solely directed to individuals, companies, or other entities located in India.
CARE SEEKER TERMS
- For the purposes of using the all the functionalities of CROSS, including viewing Your medical records, scheduling an appointment with and communicating with a Healthcare Provider, you shall be required to register yourself on CROSS by creating a username and a password. For the purposes of securing your registration, you shall be required to share certain details including, but not restricted to, your name, age, sex, email address and phone number. RG may from time to time, decide on its sole authority to impose non-refundable monetary charges for the use of CROSS by You. These charges shall be intimated to You either during the Sign Up/Subscription process or subsequently by an e-mail or SMS or a notice within CROSS as and when applicable. You are at liberty to not pay the charges due but You then accept that RG shall in such event, have complete and sole right to discontinue your Subscription/membership/usage of CROSS and delete/deactivate your account such that all data stored by You in CROSS or with RG shall be irrevocably lost.
- You are required to remember your username and password details and keep the same confidential. In the event where you have misplaced your username and password details, you can retrieve and change the same using the “forgot username/password” option on the CROSS Website or on the CROSS Mobile Applications.
Doctor Search and Appointment Scheduling
- CROSS will provide you details about the medical practitioners registered on the CROSS App to search for doctors but You are ultimately responsible for choosing your own doctor or health care provider
- The results of any search you perform on the App for medical practitioners including ranking /feed backs/Testimonials of medical practitioner should not be construed as an endorsement by CROSS of any such particular medical practitioner.
- CROSS will use its best efforts to verify the authenticity of the Healthcare Providers. However, CROSS shall not be held liable for any incorrect or misleading details of Healthcare Providers mentioned on the Mobile Applications.
- Please note that CROSS is merely a platform for providing all the Content relating to medical practitioners and CROSS does not recommend, promote, suggest or endorse any particular doctors, dentists, health care providers, procedures, opinions, or other Information that is available on its platform. You agree that selection of content from any medical practitioner on CROSS is at your sole discretion and is not based on any representations or recommendations by RG, and is therefore your sole and exclusive responsibility.
- On CROSS you can book an appointment with a registered medical practitioner who has registered on CROSS. While CROSS will use it best efforts to arrange a confirmed appointment from such medical practitioner, CROSS does not guarantee the same. Further, CROSS has no liability if such confirmed appointment is later cancelled by the concerned medical practitioner or his office, or if the concerned medical practitioners are not available as per the given appointment time.
- Payment and Cancellation Policy – CROSS will not be responsible for any cancellation or payments made to the medical practitioners or any refund in relation thereto.
- CROSS will not be responsible for any cancellation of the appointment made through the CROSS platform by You, and You should do it yourself.
- You understand and agree that any interactions that You may have with a medical practitioner on our CROSS platform or face-to-face and all the associated issues, including but not limited to health issues and Your experience, will strictly be between You and the medical practitioner, and will be subject to the applicable doctor-patient confidentiality. You shall not hold CROSS responsible for any such interactions or any outcome of such interactions.
- CROSS does not provide any healthcare or medical advice or services related to diagnosis and hence, shall not be responsible for any outcome between You and the medical practitioner you interact with, pursuant to any interactions on the CROSS platform. If you decide to engage with a medical practitioner to provide medical services to You, You do so at your own risk.
- CROSS shall not be responsible for any breach of service or service deficiency or non-satisfactory service by any medical practitioner. RG cannot assure nor guarantee the ability or intent of the medical practitioner(s) to fulfill their obligations towards you.
- Any advice or opinions relating to medication, procedures, diagnosis, treatment, etc., is provided to you by the Healthcare Provider in his capacity as a qualified practitioner and any use of such advice or opinions by you should be made exercising independent judgment. CROSS shall not be held liable for any prescription of incorrect medication or dose or any inadequacy in the quality of the treatment provided to you by the Healthcare provider or any inconvenience suffered by you owing to a failure on the part of the medical practitioner to provide the agreed services to you or any incorrect findings made in a diagnosis or in carrying out medical examinations.
- The Content available on CROSS is to improve your health literacy and assist you in clinical decision-making. This may include health and wellness articles, news feeds, and medicine reminders, drug interactions, lab and diagnostic services, allergies, dosages, as well as general health-care related information and resources. The Content available through CROSS are for informational and educational purposes only and are not intended to constitute professional advice, diagnosis or treatment, or to substitute professional judgment. Information that may be shared on CROSS by medical practitioners and third parties, are beyond our control.
- RG hereby clarifies that it does not guarantee or take any responsibility for the accuracy or completeness of information available from or through CROSS. You must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content You obtain from or through CROSS, and You agree that CROSS is not responsible or liable for any claim, loss, or liability arising from the use of the Content.
Billing and Payments
- Billing will be done based on the concerned medical practitioner’s setup for his services. All the pricing is based on doctor’s fees and CROSS does not own any responsibility for the same.
- All online payments will be done towards the respective practitioner. It is hereby clarified that the facility for payment of fees of the medical practitioners is not available on CROSS. All issues relating to the payment are resolved by the office of the concerned medical practitioner. CROSS will not own any responsibility for refunds, delays and payment issues, and any such concerns shall be directly sorted with the concerned medical practitioner.
- CROSS will provide You with a free facility on its mobile application to maintain longitudinal health records (“Records”).
- Information available in your Records shall be of two types:
- User-created: Information and documents uploaded by You as a user or information generated during Your interaction with the medical practitioner eg: appointment, chat, health trackers etc. (“User Records”)
- Medical Practitioner created: Health records generated by Your interaction with a medical practitioner on CROSS (“Doctor’s Records”).
- Your Records are created after you have signed up and explicitly accepted these Terms.
- Any Doctor’s Records is provided on an as-is basis at the sole intent, risk and responsibility of the medical practitioner and CROSS does not validate the information in such Doctor’s Records and further, makes no representation in connection therewith. You should contact the relevant medical practitioner in case you wish to point out any discrepancies or add, delete, or modify the Records in any manner.
- Health and medicine related reminder provided by the Records and Health stats including device captured data is only a supplementary way of reminding you to perform your activities as prescribed by your medical practitioner or yourself. CROSS does not provide any clinical advice or take any ownership of such data and reminders.
- CROSS uses industry level security and encryption to your Records. However, CROSS does not guarantee to prevent unauthorized access if you lose your login credentials or they are otherwise compromised.
- To view your old medical records on CROSS, You can provide access to your medical practitioner and you will be responsible for any outcome of providing such access.
- Through its Care Circle solution, CROSS allows You to have the access to create, maintain or delete Records of person you care e.g. your children, your parents, friends, or any other acquaintances and person who has agreed to be a part of your care circle (“Dependants”). By registering Your Dependents with your own Records, You shall be responsible for the Records of your Dependents and You agree that any and all obligations, that Your Dependents would have had, if they had maintained their own separate individual Records, shall become Your obligations.
- You agree that it shall be your sole responsibility to obtain prior consent of your Dependents in writing, and shall have right to share, upload and publish any sensitive personal information of forming part of your dependent’s Records. CROSS assumes no responsibility for any claim, dispute or liability arising in this regard, and you shall indemnify CROSS and its officers against any such claim or liability arising out of unauthorized use of such information.
CARE PROVIDER TERMS
- As a medical practitioner, you will be required to make a request for registration on CROSS for the purposes of using online practice management system functionalities and related tools of CROSS and/or any other services provided through CROSS platform (“Services”).
- For the purposes of securing your registration, you shall be required to share certain details including, but not restricted to, your name, age, sex, email address, clinic/diagnostic centre/hospital address, phone number, professional license number, membership number with the medical association etc. CROSS reserves the right to verify the details from publicly available sources, basis which your request for registration may be approved or rejected.
- You, as a healthcare provider represent and warrant that you will use the Services strictly in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility and CROSS shall accept no liability for the same.
- Registration on the CROSS mobile applications is one-time and you are required to remember your username and password details and keep the same confidential. In the event you misplace your username and password details, you can retrieve and change the same using the “forgot username/password” option on the CROSS mobile application through your registered email and phone number.
- RG, through CROSS directly and indirectly, collects information regarding your profiles, contact details, and practice. This information is collected for facilitating interaction with the end-users and other users. If any information displayed on the CROSS in connection with You and your profile is found to be incorrect by You, You are required to inform RG immediately and get it corrected.
- RG reserves the right to take down Your profile as well as the right to display Your profile on CROSS, with or without notice to You.
- RG shall not be liable and/or responsible for Your ratings or ranking as a medical practitioner on CROSS and other related or unrelated search engines.
- RG shall not be responsible or liable in any manner to You for any loss, damage, injuries or expenses incurred as a result of any disclosures or publications made through CROSS, where such disclosure or publications were expressly or implicitly consented by You.
- RG reserves the right to moderate the suggestions made by You or other users of CROSS through feedback and shall have the right to remove any abusive or inappropriate or promotional content added on CROSS. RG shall not be liable if any misleading, inaccurate or fraudulent profiles are created in Your name on CROSS.
- RG allows You to upload and update Your profile information on CROSS. RG reserves the right of ownership of Your profile and photographs on CROSS and to moderate the changes or updates as You may request. RG will have the right to take a decision whether to publish or reject the requests submitted for the respective changes or updates by You on CROSS. You hereby represent and warrant that you are fully entitled under law to upload all content uploaded by You as part of your profile or otherwise while using CROSS, and that no such content breaches any third-party rights, including intellectual property rights. Upon becoming aware of a breach of the foregoing representation, RG may modify or delete parts of your profile information, or take down Your Profile as well as the suspend or disable display Your profile on CROSS at its sole discretion with or without notice to You.
- You hereby represent and warrant that You
- are qualified to provide medical services within the territory of India under the relevant rules;
- have obtained all licenses as required by law to provide medical services and have not committed any act or omission that might prejudice its continuance or renewal; and
- have provided true, accurate, complete and up to date details about your qualification and credentials.
- Any feedback and testimonials from the patients shared on Your profile on CROSS are personal views of the patients and CROSS shall not be held responsible for any such views.
- CROSS Chat enables You to connect with other users by responding to the health-related queries posted by them on their chat accounts. The user may post health queries or private query, which will be only sent to You, in the event the concerned user has chosen You.
- You agree that, at the time of providing any written response to a patient’s query, that will constitute performance of Your services. You shall refrain from posting language that may be considered abusive, objectionable or demeaning to the user or in general.
- You will receive a facility of charting (e-prescription and patient health record) through charting-module” on the CROSS platform.
- All the content filled on charting, including prescription for patient shall be done by You and shall be solely Your responsibility and should be done in accordance with applicable laws.
- RG will not be liable for any medication and healthcare data or prescription that You prescribe to the patients on CROSS.
- You agree that You shall at all times abide by the applicable law, guidelines, regulations and code of conduct of medical ethics that is applicable to You during any consultation booked on CROSS platform.
- You hereby agree to hold in strictest confidence all information provided by a user to You under all circumstances. You further agree that You shall not disclose any information or documentation provided by a user to any other person, nor shall You allow, by act of commission or omission, such information or documentation to be acquired by any other person, except in accordance with law.
- You may receive a facility of providing teleconsultation on the CROSS platform. You hereby agree to abide by these terms in this section. The obligations/terms in this section are in addition to the other obligations in these Terms.
- You agree to provide, additional information or details as RG may require to extend the teleconsultation facility to you.
- You agree to provide a Schedule of Fees/Charges payable for such teleconsultation. You hereby represent and warrant that RG has no role to play in the determination of fees and charges payable to You by the user. You hereby also agree such service fee to RG for providing the services of Teleconsultation, as may be prescribed by RG from time to time.
- If you avail the facility of providing teleconsultation, you hereby represent and warrant that You:
- are permitted by applicable law, regulations and guidelines to provide teleconsultation only within the territory of India;
- have undertaken such training as may be prescribed by law for providing teleconsultation;
- have provided true, accurate, complete and up to date details about your qualification and credentials.
- While using the teleconsultation facility You shall at all times abide by the law, guidelines, regulations and code of conduct of medical ethics, including but not limited to, the Telemedicine Practice Guidelines 2020 that is applicable to You. You shall ensure that at all times all the applicable laws that govern You are followed and utmost care shall be taken in terms of the teleconsultation. You shall ensure that the patient to whom teleconsultation is provided is within the territory of India.
- You shall ensure that the teleconsultation will be held to the same professional and ethical norms and standards as an in-clinic consultation. You shall exercise proper discretion and not compromise on the quality of care provided during Teleconsultation.
- We enable a user of other RG proprietary services or You to book an appointment for a teleconsultation for a given date or time. You agree that a teleconsultation may be cancelled by you upto 15 minutes prior to such teleconsultation. No consultation fee will be payable where you cancel the teleconsultation.
- You agree that in the absence of re-scheduling, the teleconsultation will be cancelled in the event of a “No-show” by either you or the user. It will be considered a No-show by you if, without any intimation, you fail to join the teleconsultation within 15 minutes of the scheduled time. No cancellation charges shall be payable to you by the patient in such cases. It will be considered a No-show by the user if without any intimation, such user fails to join the teleconsultation within 10 minutes of the scheduled time. A cancellation fee may be payable to You by the patient in such circumstances.
- For prepaid appointments booked through any RG proprietary services, if you cancel a confirmed appointment, you’ll be charged a cancellation fee @ 5%of the consultation fee or as may be specified by RG from time to time..
- You shall ensure that You do not conduct teleconsultation without the explicit consent of the user, unless the consultation has been initiated by the user who is the patient, in which case the consent will be implied.
- You shall ensure that in case a caregiver of a patientg. parents, spouse, friends, nurse, allied health worker any other person authorised to represent the patientis initiating the consultation on behalf of a patient, You are required to obtain specific consent of the patient or a documentary proof demonstrating the caregiver’s authority to act for the patient.
- You hereby agree to permit RG to display such details pertaining to you on the CROSS platform or during the teleconsultation as may be necessary for the user to verify your credentials and/or confirm Your identity.
- You shall ensure that that you appropriately identify yourself to the patient and verify the patient’s identity and credential prior to initiating the teleconsultation.
- You shall be solely responsible for the treatment, protocol, diagnosis, medication and prescription and RG shall have no liability arising out of your conduct during the teleconsultation.
- All the content filled on charting, including prescription for patient shall be done by You and shall be solely Your responsibility. You shall ensure that such prescriptions for medications are issued in accordance with applicable laws, regulations and guidelines, including the applicable Telemedicine Guidelines, as may be amended from time to time. You may use the prescription module available on CROSS to create the prescriptions.
- You undertake never to vary or diminish the features of the mode of telecommunication provided through CROSS without prior consent of RG.
- You shall exercise your professional judgement to decide whether a teleconsultation is appropriate in a situation. You have the discretion terminate/cancel the teleconsultation where you are of the considered view that it is beyond your expertise/capacity to treat the patient or where teleconsultation will not be appropriate given the circumstances. However, it is strongly recommended while so terminating the teleconsultation You advise the User and explain appropriately for next steps which may include referring the User for further evaluation. Due records for the same should be maintained on the CROSS platform.
- You shall maintain such records of the teleconsultation, including reports, notes, prescriptions and for such duration, as prescribed by law. Prior to the teleconsultation or at completion thereof, you may be required provide such details, confirm such information or prepare/report such summary through the CROSS platform, as may be required by law or considered necessary and appropriate by RG.
- You understand that the information provided by the user to You during the teleconsultation may constitute personal or sensitive personal information and subject to all applicable laws dealing with privacy. You hereby agree to hold in strictest confidence all information provided by a user to You under all circumstances. You further agree that You shall not disclose any information or documentation provided by a user to any other person, nor shall You allow, by act of commission or omission, such information or documentation to be acquired by any other person, except in accordance with law.
- It shall be Your responsibility to ensure that the information provided by User is accurate and not incomplete. You understand that RG shall not be liable for any errors in the information included in any communication between You and the user.
- You agree not to use the services of teleconsultation for any form of advertisement or solicitation of patients, except to the extent that it may be permitted by law.
- Upon becoming aware of a breach of the foregoing, RG reserves the right to take down Your Profile, suspend or restrict display of Your profile on CROSS, suspend or restrict or terminate Your right to provide teleconsultation through CROSS at its sole discretion with or without notice to You.
- You acknowledge that if it comes to the knowledge of RG that You are in violation of any of the applicable laws/rules/ regulations/guidelines then RG shall be entitled to take down Your Profile, suspend or restrict display of Your profile on CROSS, suspend or restrict or terminate Your right to provide teleconsultation through CROSS or take such other legal action as may be required.
- RG, through CROSS, provides You with a facility to share healthcare related educational content and web links with patients using “Learn module” of CROSS. This module is a content platform available to You for logging in and sharing health and wellness related content with Your patients.
- You explicitly agree that RG reserves the right to publish the content provided by You on CROSS to a third party including other content platforms.
- You can use health feed by logging in from Your profile, creating original content comprising text, audio, video, images data or any combination of the same. You can also upload or refer any online content which You feel is relevant.
- RG shall also have the right to post health related educational content and feeds through CROSS.
- You acknowledge that You are the original author and creator of any content or comments that You upload in Your name, and that no content or comment uploaded by You would result in any infringement of the intellectual property rights of any other person.
- RG reserves the right to remove any content or comment on CROSS which it may determine, at its sole discretion, as violating the intellectual property rights of any other person.
- You agree to absolve RG from, and indemnify against all claims that may arise as a result of any third party intellectual property right claim that may arise from Your uploading of any content on learn module of CROSS. You further agree to absolve RG from and indemnify against all claims that may arise as a result of any third party intellectual property claim if You download or share link to certain content.
- You agree not to post any comments or upload any content and link which are defamatory, obscene, objectionable in nature.
Doctor Search and Appointment Scheduling
- RG will upload all the information related to you on to the CROSS platform for the patients to view and choose but RG shall not be responsible for who the patients ultimately choose.
- You shall be responsible for your profile reflected on CROSS platform. In case of any error or mistake appearing in your profile, You shall immediately bring it to RG’s notice for necessary correction. RG shall not be held liable for any incorrect details about You mentioned on the CROSS.
- The results of any search performed on the CROSS platform for medical practitioners including ranking /feed backs/Testimonials of medical practitioners should not be construed as an endorsement by CROSS of any such particular medical practitioner.
- On CROSS platform, the users can, inter alia, book an appointment with You on CROSS platform. While RG will try to ensure a confirmed appointment for a user who requested an appointment, RG does not guarantee any confirmed appointment. Further, RG shall have no liability if such appointment is confirmed by You but later cancelled, or if You are unavailable at the scheduled appointment time. You should be responsible for informing any delays, change or cancellation of appointments and also the fees refunds and adjustments and You absolve RG from any such liability.
- Payment and Cancellation Policy – RG shall not be responsible for any cancellation or payments done to patient or refund through the CROSS platform.
Billing and Payments
- CROSS platform provides billing module which can be used for practice billing.
- All the billing setup will be done by You for your services. All the pricing is based on your setup and RG does not own any responsibility for the same.
- All online payments will be done towards your practice and RG will not own any responsibility for refunds, delays and payment issues. Such issues need to be directly dealt with the respective patients.
- RG shall not be responsible for any third-party payment gateways being used for online payment by You or other users to make payment to You.
- You shall have the option of accepting pre-paid appointments, whereby the patient will pay for your services prior to availing them (“Pre-paid appointments”). For such Pre-paid appointment, if You cancel a confirmed appointment, you shall be charged a cancellation fee which shall not exceed 5% of the Pre-paid appointment fee (“Cancellation Fee”). This Cancellation Fee will be charged adjusted against your monthly payments.
- If you opt for Pre-paid appointments through CROSS, RG will collect your personal and billing information including but not limited to Voter ID, Pan Card, Tax identification documents, MSME or other documents as required by government of India to conduct commercial transactions.
- If a patient opens a dispute with the payment issuer (Credit card company, bank or any other payment gateway or any other payment facilitator), and the dispute results in a charge back (patient gets a refund) , Cross will deduct the chargeback amount and any associated expenses from Your outstanding dues. In case the outstanding dues are insufficient, You will be responsible to make a direct payment for the amount equal to chargeback amount and any other associated expenses to Cross upon receipt of an invoice.
- RoundGlass offers certain enhanced features of Cross which you can purchase on a subscription basis the options provided on the Site (“Subscription”). A description of features associated with Subscriptions is available via Cross. When you purchase a Subscription (each, a “Transaction”), we may ask you to supply additional information relevant to your Transaction, such as your credit card number, the expiration date of your credit card and your address(es) for billing and delivery (such information, “Payment Information”). Your Subscription cost if not pre-paid may be recovered from your other outstanding payment settlements. In case the amount of outstanding payment settlements is insufficient, you’ll be responsible to make a direct payment for subscription fee to RoundGlass upon receipt of an invoice.
- CROSS platform has provided a facility on its mobile application for e-prescription and medical records for each of the visits users make to You. CROSS also provides facility to view old medical records (Longitudinal health records) of the users, provided the concerned user has provided his consent and access to the same to You.
- You understand that the information contained in the Medical Records may constitute personal or sensitive personal information and subject to all applicable laws dealing with privacy. You hereby agree to hold in strictest confidence all information provided by a user to You under all circumstances. You further agree that You shall not disclose any information or documentation provided by a user to any other person, nor shall You allow, by act of commission or omission, such information or documentation to be acquired by any other person, except in accordance with law.
- CROSS /RG shall not be liable for any update that You will make on the records of the users you are treating, during your clinical encounters.
- You hereby acknowledge that CROSS is a platform solely for linking healthcare recipients with healthcare providers, and therefore You may not hold RG responsible in any way for any lack or deficiency of the services provided by any of the healthcare providers you choose to engage or consult with through CROSS platform. Further, RG shall not be liable for any errors, omissions, representations, warranties, breaches or negligence of any of the healthcare providers or for any personal injuries, death, or other damages or expenses resulting therefrom.
- RG does not provide or make any representation, warranty or guarantee, express or implied about the CROSS platform or the Services provided through the platform.
- The maximum liability of RG, in respect of any Services provided, shall be limited to a maximum of INR 1,000 (Indian Rupees one thousand).
- You agree to indemnify and hold RG and (as applicable) its service partners, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of the Terms as stipulated herein, your violation of any law, or your violation of the rights, contractual or otherwise, of any third party.
- These obligations will survive any termination of the Terms.
- RG is a facilitator in providing access to CROSS and is helping people connect to the medical practitioners or healthcare providers for their personal and specific requirements. RG does not provide guarantee for any kind of results and outcomes. Further, RG is not liable for any cause and effect of the advice. The Content of CROSS is created by experts in the field of medical, healthcare and wellness.
- It is hereby clarified that RG does not ever endorse specific products and or services. RG does not sell nor endorse any manufactured nutritional and or medical products, supplements, drugs or devises.
- In no event shall RG or its Partners undertake any responsibility for any consequence relating directly or indirectly to any action or inaction You take based on the services available via the CROSS platform. You must evaluate, and bear all risks associated with, the use of any service, including any reliance on the accuracy, completeness, or usefulness of such service.
- Additionally, in no event shall RG or its Partners be liable for any special, indirect, incidental, punitive, or consequential damages, including, without limitation, any loss of use, loss of profits, loss of data, cost of procurement of substitute services, or any other such damages, howsoever caused, and on any theory of liability, whether for breach of contract, tort (including negligence and strict liability), or otherwise resulting from (1) the use of, or the inability to use, the mobile service; (2) unauthorized access to or alteration of your transmissions or data; (3) the statements or conduct of any third party on the mobile application; or (4) any other matter relating to the mobile application CROSS. These limitations will apply whether or not RG has been advised of the possibility of such damages. You shall not be entitled to specific performance of any of the Terms.
Copyright & Trademark
- The Content of CROSS is owned by RG and/or its Partners, as the case may be and shall be adequately displayed. All right to, title to, and interest in the Content available via the CROSS Mobile application, Web Site, trademarks, service marks, and trade names displayed on CROSS, and the Web Site URLs, are the property of RG and/or its Partners, and are protected by copyrights, trademarks, patents, or other proprietary rights and laws.
- Nothing stated herein shall be construed to mean any grant of rights to You, and RG and/or its Partners, as the case may be shall own all right, title and interest in and to all Content, as well as to all Intellectual Property. All Content of the Partners of RG shall bear the copyright notices and other reservation of rights notices and logos provided by such Partners. You (including your affiliates and patients) shall not (i) save or store, in any medium, files containing any Content for any commercial purposes, unless specified herein.
You agree not to do any of the following:
- Post, upload, publish, submit or transmit any information in your use of the Services that: (a) belongs to another person and to which You do not have any right to; (b) is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling; (c) harm minors in any way; (d) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (e) violates any law for the time being in force; (f) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; (g) impersonate another person; (h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; (i) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation; (j) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (k) is fraudulent, false, misleading or deceptive; (l) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (m) promotes illegal or harmful activities or substances;
- Use, display, mirror or frame the Services, or any individual element within the Services, RG’s name, any RG trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without RG’s express written consent;
- Access, tamper with, or use non-public areas of the Services, RG’s computer systems, or the technical delivery systems of RG’s providers;
- Attempts to probe, scan, or test the vulnerability of any RG’s system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by RGs or any of RG’s providers or any other third party (including another user) to protect the Services;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation through use of Services;
- Use any meta tags or other hidden text or metadata utilizing a RG trademark, logo URL or product name without RG’s express written consent;
- Use the Services for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
- Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation; or
- Encourage or enable any other individual to do any of the foregoing.
We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
Acceptance of Terms
- The Terms shall be deemed to have been accepted by You whenever you sign-up/subscribe for CROSS from any device or platform. By signing up/subscribing, You have confirmed that you are a certified medical practitioner or healthcare provider and acknowledged that You have read & understood Terms completely and agree to abide by the same.
- RG reserves the right to modify the Terms from time to time and it shall be your responsibility to keep yourself updated with the Terms. You agree to be bound by such modifications. A copy of the updated Terms will be available at the CROSS Web Site or the Mobile application.
- The benefits of CROSS are personal to You and You may not assign your rights and obligation under the Terms to any person.
- You agree to comply with the applicable local laws, of the territory where you are located and for the use of CROSS and RG shall have no responsibility for any violation of laws by You.
- You may not use any device, software or routine to interfere or attempt to interfere with the proper working of CROSS or take any action that imposes an unreasonable or disproportionately large load on CROSS infrastructure. Any such attempt from your side that blocks the operation or threatens to block the operation of CROSS, You are in violation of the Terms and RG may suspend or terminate your use of CROSS without notice.
- The Cross policies will be governed by and construed in accordance with the laws of India. You agree that any legal action or proceedings arising out of the aforementioned documents may be brought exclusively in the competent courts/tribunals having jurisdiction in Mohali, India and irrevocably submit themselves to the jurisdiction of such courts/tribunals. You understand that We may need to share information that you provided on Cross in order to satisfy applicable law, regulation, legal process or an enforceable governmental request.
The services offered through CROSS are not a recommendation. You are encouraged to discuss and confirm all the Content that is made available by and through CROSS with your physician, psychiatrist, therapist or other healthcare provider before adopting or acting on any information made available through CROSS. The website, mobile applications and services do not contain or constitute, and should not be interpreted as, medical advice or opinion. The information and Reports generated by CROSS should not be interpreted as a substitute for physician consultation, evaluation or treatment.
Grievance Redressal Mechanism
Any grievances, complaints, concerns or comments arising from the use of CROSS, or breach of these terms shall be taken up with the designated Grievance Officer as mentioned below via in writing or through email signed with the electronic signature to firstname.lastname@example.org “Grievance Officer”)
Our policy is to comply with all applicable laws and to act expeditiously upon receiving any notice of alleged violation of the laws or these Terms. In the event of receiving any compliant we shall redress the complaint within one month from the date of receipt.