REACH TERMS & CONDITIONS
These terms and conditions define the use and access of the RoundGlass Reach (“Reach”) whether on the mobile application, mobile-web, or website, operated by RoundGlass Wellbeing Private Limited, a Company incorporated under the laws of India CIN: U74999PB2018FTC047422 and having its registered office at 9th Floor, IT C-9, IT Park Sector 67, Mohali, Punjab – 160062 (“RoundGlass”, “we”, “our” or “us”). If You are using, accessing, or registering on the Reach as an individual or on behalf of any Person, then (“Your” or “You”) means the individual or the said Person, and You are legally authorized by the Person to bind the said Person to this Agreement.
a) “Account” shall mean an account created by a User on the Reach the mobile application, mobile web, or website.
b) “Affiliate” shall mean any Person who directly or indirectly, controls, is controlled by, or is under the common control of RoundGlass. The term “Control” is used in the sense of the possession by a Person or a group of Persons acting in concert, directly or indirectly, of the right to direct or cause the direction of the management and policies of another Person, whether through the board of directors or ownership of voting rights by such other Person, by the Articles of Association, contract or otherwise.
c) “Content” shall mean text, graphics, descriptions, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided, or otherwise made available through the Reach;
d) “Grievance Officer” means the grievance redressal officer appointed by RoundGlass in accordance with applicable law, from time to time.
e) “Information” means and shall include any confidential or personal information provided or shared with RoundGlass or other Users of the Reach while using, accessing, or registering with the Reach, or through any email/messaging feature.
f) “Law” shall mean all statutes, enactments, acts of legislature, laws, ordinances, rules, regulations, notifications, guidelines, policies, directions, directives, and orders of any government and or any authority in India.
g) “Payment Information” shall mean Information required to collect or process any payment, such as your bank account number, Your credit card number, the expiration date of Your credit card, and Your address(es) for billing and delivery.
i) “Services” shall mean various services offered through the Reach.
j) “Subscription” shall mean certain enhanced features of the Reach which You can purchase on a subscription basis. A description of the features associated with Subscriptions is available via Reach.
k) “User(s)” shall mean a Person who registers himself or herself on Reach by providing the required Information through the registration process.
l) “User Content” shall mean any Content that Users (including you) provide to be made available through the Reach, except the Health Records (including, both User Health Records and Doctor’s Health Record). Content includes without limitation User Content
m) “Visitor” shall mean Users who visit the Reach but are not registered Users.
RoundGlass Reach through its website and/or mobile applications provides technology solutions that enable every individual to put holistic wellbeing at the center of their life’s journey:
a) You may use the Reach only if you are 18 years or older and are not barred from using the Reach under applicable law. To purchase via Reach (described in the Section titled “Purchases” below), you must be 18 years or older and capable of forming a binding contract.
b) Unless otherwise stated, the services featured on Reach are only available within India, or in relation to postings from India. All advertising is intended solely for the Indian market. You are solely responsible for evaluating the program for a particular purpose of any downloads and text available through Reach. Redistribution or republication of any part of this Reach or its content is prohibited, including such by framing or other similar or any other means. Those who choose to use Reach understand that Reach is offered in India only and hence governed by Indian laws, Any violation of jurisdictions beyond India will not be the responsibility of RoundGlass.
a) If you want to use certain features of Reach, you’ll have to register on Reach to create an Account. You must provide us with accurate, complete, and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete, and up to date. If you don’t, we might suspend or terminate your Account.
b) You may be able to register on Reach through single sign-on (“SSO”) if enabled by your organization or with certain third-party social networking services as well including but not limited to Facebook, Google, etc. (each, an “SNS Account”). If you choose the SNS Account option, we’ll create your Account by extracting from your SNS Account certain personal information such as your name and email address and other personal information that your privacy settings on the SNS Account permit us to access.
c) It shall be your responsibility to keep your Account password secure, and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account.
a) Through Reach, Users can select from a variety of options to create customized wellbeing experiences and access various healthcare services. On payment of such fees as may be indicated, you can also utilize the enhanced functionality of the Reach, as described in further detail under the Section titled “Purchases” in this Agreement. Some Services are only available on payment of such fee as will be indicated.
b) You understand and agree that any information you learn from RoundGlass is not intended, designed, or implied to diagnose, prevent, or treat any condition or disease, to ascertain the state of your health, or to be a substitute for professional medical care. Not all activities described on Reach are suitable for everyone. You understand and agree that some of the Services are for informational purposes only. Before beginning or using any Service related to any physical activity, we strongly recommend that you consult with your physician. It is your concern to evaluate your own medical and physical condition and to individually decide whether to use or act upon the information received through use of the Reach. Do not use Reach while driving, operating heavy machinery, or performing other tasks that require attention and concentration. You understand and agree that you are solely responsible for your usage of the Reach and any Services available through it
c) We reserve the right to refuse access to the Reach to a new User or to withdraw access granted to existing Users at any time at our sole discretion including but not limited to, in the event of fraud, misrepresentation, inadequate disclosures, and any threat to the RoundGlass, perceived or otherwise.
a) Mental Health Coaching is a Service, as provided by us on the Reach. The Service focuses on the user’s present issues with the goal of helping them gain clarity in vision, eliminate obstacles to success, provide support and guidance in personal growth and channelize them to take up a healthy lifestyle. A mental health coach can focus on areas of life like stress management, building relationship skills, creating work-life balance, etc. If it appears that there is an issue for which one may need counselling, the coach will suggest it.
b) Disclaimer For Using Mental Health Coaching
c) We do not deal with medical or psychological emergencies. The Services are not designed to offer support in crisis situations. In these cases, in-person medical intervention is the most appropriate form of help. In the event of any distress, we request you to kindly contact a distress helpline number available to you in the public domain.
a) The obligations in this section are in addition to the other obligations mentioned in the Agreement
b) Teleconsultation Service may enable you to book an appointment and avail consultation over videoconferencing with a registered medical practitioner (“Teleconsultation Service”).
c) To enable Teleconsultation Service, Reach will provide you details about the various medical practitioners who are registered with RoundGlass to provide the Teleconsultation Service (“Registered Medical Practitioners”), but you are ultimately responsible for choosing the Registered Medical Practitioners.
d) You hereby also confirm that at the time of availing such the Teleconsultation Service you are residing within India.
e) The results of any search you perform to avail the Teleconsultation Services, including displaying the ranking /feedback/testimonials of Registered Medical Practitioners should not be construed as an endorsement by us of any such Registered Medical Practitioner.
f) While we will use our best efforts to ensure that only Registered Medical Practitioners provide Teleconsultation Services, however, we request you to exercise due care and discretion before deciding to obtain Teleconsultation Service. We are not liable for any incorrect or misleading details provided by the Registered Medical Practitioners. While using the Teleconsultation Services you can use the available features and exercise your judgment to verify the identity of the Registered Medical Practitioner.
g) Please note that Reach merely enables the Teleconsultation Service and we do not recommend, promote, suggest, or endorse any medical practitioner, procedures, opinions, protocols, treatment, or other Information that is available on Reach. You agree that selection of content via use of our Teleconsultation Services is at your sole discretion and is not based on any representations or recommendations by RoundGlass, and is, therefore, your sole and exclusive responsibility.
h) We do not provide any healthcare or medical advice or services related to diagnosis and hence, shall not be responsible for any outcome pursuant to the use of Teleconsultation Services. You use the Telecommunication Services at your own risk.
i) It’s important that you understand and agree that any interaction through the Teleconsultation Service will strictly be between you and the Registered Medical Practitioner and will be subject to the applicable doctor-patient confidentiality. We are not liable or responsible for any such interactions or any outcome of such interactions.
j) We will not be responsible for any breach of service or service deficiency or non-satisfactory service by any Registered Medical Practitioner. We cannot assure nor guarantee the ability or intent of the Registered Medical Practitioners to fulfil their obligations towards you. The Teleconsultation Service will be provided based on your general medical condition and subject to laws, rules, regulations, code of conduct applicable to the Registered Medical Practitioner and they may offer consultation based on their professional judgement.
k) Any advice or opinions relating to medication, procedures, diagnosis, treatment, etc., is provided to you by the Registered Medical Practitioner in his capacity as a qualified practitioner and any use of such advice or opinions by you should be made exercising independent judgment.
l) You should also understand that the Teleconsultation Service does not involve a physical examination. By using the Teleconsultation Service, you imply knowledge of this limitation and assume the complete risk of this limitation. You should also recognise that Teleconsultation Service cannot be used as a substitute for treatment that needs physical examination.
m) We are not liable for actions or inactions on the part of Registered Medical Practitioners including any prescription of incorrect medication or dose or any inadequacy in the quality of the treatment provided to you during use of Teleconsultation Service or any inconvenience suffered by you owing to a failure on the part of the Registered Medical Practitioner to provide the agreed services to you or any incorrect findings made in a diagnosis or in carrying out medical examinations including for any gross negligence on the part of Registered Medical Practitioner.
o) Payment and Cancellation Policy for Teleconsultation Service
p) Search and Appointment Scheduling
q) Health Records
s) You hereby acknowledge that RoundGlass, through Reach, provides Teleconsultation Services for the sole purpose of linking healthcare recipients with medical practitioners and healthcare providers, and cannot be held responsible in any way for any errors, omissions, representations, warranties, breaches, or negligence of any of the medical practitioners or any personal injuries, death, or other damages or expenses resulting therefrom.
a) RoundGlass offers certain enhanced features of the Services which you can purchase on a subscription basis through the options provided on Reach (“Subscription”). A description of features associated with Subscriptions is available via Reach. When you purchase a Subscription (“Transaction”), the payment processor 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”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. The amounts due and payable by you for a Transaction through the Reach will be presented to you before you place your order. If you choose to initiate a Transaction via Reach, you authorize us to provide your Payment Information to third-party payment processors so we can complete your Transaction and agree (a) to pay the applicable fees and any taxes; (b) that payment processor may charge your credit card or third party payment processing account, including, but not limited to, your account with the app store or distribution platform (like the Apple App Store, Google Play or the Amazon Appstore) where the Reach mobile app is made available (each, an “App Provider”), for verification, pre-authorization and payment purposes; and (c) to bear any additional charges that your App Provider, bank or other financial service provider may levy on you as well as any taxes or fees that may apply to your order. You’ll see your subscription/ transaction data displayed in the ‘My Subscription Section’ of your account on the App. Your order is not binding on us until accepted and confirmed by us. All payments made are non-refundable and non-transferable except as expressly provided in this Agreement.
b) If you have any concerns or objections regarding charges, you agree to raise them with us first and you agree not to cancel or reject any credit card or third-party payment processing charges unless you have made a reasonable attempt at resolving the matter directly with us.
c) We reserve the right to not process or to cancel your Subscription in certain circumstances, for example, if your credit card is declined if we suspect the request or order is fraudulent, or in other circumstances, RoundGlass deems appropriate in its sole discretion. We also reserve the right, in our sole discretion, to take steps to verify your identity in connection with your Subscription. You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). RoundGlass will either not charge you or refund the charges for the Subscription that we do not process or cancel.
d) Subscriptions Automatically Renew Until You Cancel & How to Cancel Your Subscription:
e) Changes in Fees for Subscriptions: RoundGlass reserves the right to change its fees for Subscriptions at any time and RoundGlass will notify you in advance of such changes becoming effective. Changes to the fees will not apply retroactively and will only apply for Subscription renewals after such changed pricing terms have been communicated to you. If you do not agree with the Fee change, then you may choose not to renew your Subscription in accordance with the above section.
a) Content Ownership: RoundGlass does not claim any ownership rights in any User Content and nothing in this Agreement will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, RoundGlass and its licensors exclusively own all rights, titles, and interests in and to the Reach and Content, including all associated intellectual property rights. You acknowledge that the Content is protected by copyright, trademark, and other applicable laws. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying Reach or the Content.
b) Rights in User Content Granted by You: By making any User Content available through the Reach you hereby grant to RoundGlass a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to subject to applicable laws, use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform, and distribute your User Content in connection with operating and providing Reach and related services and Content to you.
c) Rights in Content Granted by RoundGlass: Subject to your compliance with this Agreement, RoundGlass grants you a limited, non-exclusive, non-transferable, non-sublicensable license to view, copy and display the Content solely in connection with your permitted use of Reach and solely for your personal and non-commercial purposes.
d) Rights in Reach Mobile Application: Subject to your compliance with this Agreement, RoundGlass grants you a limited non-exclusive, non-transferable, non-sublicensable license to download and install a copy of the mobile application on a mobile device or computer that you own or control and to run such copy of the App solely for your personal, non-commercial purposes. RoundGlass reserves all rights in and to the mobile application not expressly granted to you under this Agreement. You may not copy the mobile application, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in this Agreement, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the mobile application to any third party; (iii) reverse engineer, decompile or disassemble the mobile application; or (iv) make the functionality of the mobile application available to multiple users through any means
a) This Agreement will continue to apply until terminated by either party as set forth below. If You object to any terms or change in this Agreement or are dissatisfied with the Reach, You shall send a notice to us as per the Notice clause to (i) close Your User account on; and/or (ii) stop accessing, using, and visiting the Reach.
b) We may stop Your future access to the Reach or suspend or terminate your account if we believe, in our sole and absolute discretion, that You have infringed, breached, violated, abused, or unethically manipulated or exploited this Agreement or otherwise acted unethically in a way that is against this Agreement or detrimental to public wellbeing and security.
c) Upon termination of this Agreement by either party, we may delete any information relating to Your use of the Reach except any information which is required to be retained under applicable Laws.
a) You agree and undertake not to host, display, upload, modify, publish, transmit, update, or share any Information or list any Information on the Reach that:
a) is copyrighted content of another person and/or belongs to another person and to which You do not have any right and/or license;
b) is harmful, insulting or harassing on the basis of gender, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy including bodily privacy, hateful, insulting, hurting religious or other sentiments, or racially or ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful or inconsistent with or contrary to the laws in force in any manner whatsoever;
c) is unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986 (or corresponding applicable Law), or harms minors in any way;
d) infringes any intellectual property rights or third party’s trade secrets or rights of publicity or privacy including any patent, trademark, copyright, or other proprietary rights;
e) violates any law including but not limited to data privacy laws for the time being in force;
f) deceives or misleads the Users about the origin of such Information or intentionally communicates any Information which is patently false or misleading but may be reasonably perceived as a fact, or grossly offensive, instigating or menacing in any manner;
g) is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity, or agency for financial gain or to cause any injury to any person;
h) is fraudulent or impersonates another person;
i) contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer resource, or contains any trojan horses, bugs, bots, worms, or other computer programming routines that may damage, detrimentally interfere with, diminish the value of, surreptitiously intercept, or expropriate any system, data, or personal Information;
j) is false, inaccurate, or misleading; directly or indirectly, offers, attempts to offer, trade or attempts to trade in any item/service, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable Law;
k) may give rise to liability on part of the Reach or RoundGlass or cause any hindrance (in whole or in part) with respect to the suppliers of the Reach:
l) links directly or indirectly to or include descriptions of items that are prohibited under this Agreement or any other applicable Law including but not limited to the Indian Penal Code, 1860, Information Technology Act 2000 (or all applicable corresponding Laws) as amended from time to time and rules thereunder;
m) 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 other nation;
n) promotes any external website or webpage or link on the Reach unless you have express written consent from us or have a separate legal agreement with us, which permits you to do so; and
o) discloses any personal Information of the Client unless You have documented consent of the Client for sharing the personal Information for the said purpose.
p) In case of any violation of the above provisions, RoundGlass has the right to immediately terminate the access or usage rights of the User to the Reach without any notice and remove any such violative Information and/or report it to investigating authorities, without prejudice to any other legal remedies available to any impacted parties, including RoundGlass.
You represent and warrant that:
a) You have the full power and authority to execute, deliver, and perform Your obligations under this Agreement and to carry out the obligations contemplated under this Agreement.
b) You have provided true, accurate, complete, and up-to-date details.
c) The execution, delivery, and performance of this Agreement does not conflict with, breach, constitute a default under, or violate any applicable law, contract, decree, or order to which You are a party or by which You are bound.
d) You are solely responsible for the Information uploaded/shared by You on the Reach.
a) We offer Reach and Services available on Reach “AS IS”. We do not make any representation or warranty as to the attributes (such as quality, worth, marketability, merchantability, usefulness) of the Services available through Reach. Without limiting the foregoing, we explicitly disclaim any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade. We make no warranty that the Services available on Reach will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any Content
b) RoundGlass disclaims any and all liability whatsoever for any monetary or other damage suffered by You on account of any delay, failure, interruption, or corruption of any data or other Information transmitted in connection with the use of the Reach.
You shall indemnify and hold harmless RoundGlass and its parent, subsidiaries, Affiliates and their officers, directors, agents, and employees, from and against any and all losses, costs, damages, settlement payments, expenses (including without limitation attorneys’ fees and disbursements), penalty or other liabilities arising out of actions, suits, proceedings, judgments, or any other claims made by any third party or imposed under Law as a result of Your violation of this Agreement (including anything incorporated by reference), any law, or the rights of a third party.
In no event shall RoundGlass and its parent, subsidiaries, Affiliates, and their officers, directors, agents, and employees shall be liable for any direct or indirect damages in connection with the Reach. Notwithstanding anything to the contrary in this Agreement, the aggregate liability of RoundGlass arising in connection with this Agreement shall not exceed the amounts you have paid to RoundGlass for use of the Reach, or one thousand rupees, if you have not had any payment obligations to RoundGlass, as applicable.
We reserve the right to change the Reach and/or alter this Agreement and Policies at any time. It shall be Your responsibility to check this Agreement for amendments. Your continued use of the Reach following the posting of changes to this Agreement will constitute Your consent and acceptance of those changes. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately.
Any dispute, controversy, or claim arising out of or relating to this Agreement (“Dispute”) will be resolved and finally settled by arbitration, where both parties will jointly appoint a sole arbitrator. In the event that the Parties are unable to mutually agree on the appointment of a sole arbitrator within 30 days of the dispute arising, each party will be entitled to appoint 1 (one) arbitrator each, and the 2 (two) arbitrators so appointed will appoint a third arbitrator so as to form a panel of 3 (three) arbitrators to resolve the dispute. The arbitration proceedings will be conducted in the English language. The arbitration proceedings will be conducted in accordance with the provisions of the (Indian) Arbitration and Conciliation Act, 1996. The Arbitration proceeding shall be governed by the laws of India. The seat of arbitration will be Mohali. The arbitrator(s) will apply this Agreement according to its terms. The Parties agree to be bound by any award or order resulting from any arbitration conducted hereunder. The arbitrator(s) award will be substantiated in writing. The arbitration panel will also decide on the costs of the arbitration procedure.
This Agreement will be governed by and interpreted in all respects in accordance with the substantive laws of India, and courts at Mohali will have exclusive jurisdiction.
RoundGlass shall, at its sole discretion, be entitled to assign or transfer its rights and obligations under this Agreement to any other Person(s) without Your prior consent. You shall not assign Your rights and obligations under this Agreement to any other Person(s) without our prior written consent.
Except as explicitly stated otherwise, any notices directed to us shall be given by email to email@example.com followed by a notice by registered mail or by courier, to the address provided by us on the Reach from time to time and any notices to You by us shall be provided on your registered email ID. Notice shall be deemed to be delivered as soon as it has been given, in case of any email. It shall be Your sole obligation to keep us updated about any change in email address. Failure in delivery of notices on Your registered email address due to the failure on Your part to update the same shall not render such notices invalid.
a) None of the provisions of this Agreement shall be deemed to constitute a partnership or joint venture or agency between You and RoundGlass and You shall have no authority to bind us in any manner whatsoever.
b) If any clause of this Agreement or the application thereof to any User or circumstance is deemed invalid or void, for any reason unenforceable to any extent, the remainder of this Agreement and the application of such provision to Users or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby, and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by applicable law.
c) Any grievances, complaints, concerns, or comments arising from the use of the Reach, or breach of this Agreement shall be taken up with the designated Grievance Officer through email to firstname.lastname@example.org
d) You consent to be contacted or to receive any other information through telephone, e-mail, SMS, or WhatsApp to fulfill the purpose of this Agreement, for marketing and promotional purposes from us or our Affiliates or agents even though Your name appears in the National Customer Preference Registry (Do Not Disturb Registry). You expressly agree that any such calls, SMS, e-mail, or WhatsApp messages will not cause any inconvenience to you.