We, MumSmile HealthCare Solutions Pvt Ltd. (“Company”; “We”; “us”; “our”) have developed a mobile application called MumSmile and MumSmile PRO(“Application”/ “App”) which is online platform to cater to the healthcare needs of a pregnant woman, provided by the Gynecologists, physiotherapists, dieticians (collectively Services Providers) through the Application (“Services”). For the provisions of the Services, the Company shall collect the Personal Information of the Users (collectively, the Service Providers and pregnant women, using the App).
- PERSONAL INFORMATION COLLECTED:
User undertakes that User shall be solely responsible for the accuracy and truthfulness of the Personal Information shared with us. We may also collect Personal Information when User interacts with our customer service team, for assisting User and to improve the operation of the Application and the Services.
As part of the Services, User authorize us to import User’s details and Personal Information dispersed over Third Party Platforms. “
Third Party Platforms” are social networking platforms, such as Facebook, LinkedIn, google account and other similar platforms.
- NON PERSONAL INFORMATION
We collect User’s Internet Protocol (“IP”) addresses when User visit the Application to track and aggregate non-personal information. Non-personal information may include the browser name, the type of electronic device and technical information about users means of connection to our Application, such as the operating system and the Internet service providers utilized and other similar information. For example, we use IP addresses to monitor the regions from which customers and visitors navigate our Application. User understands that these information shall be non-personal information and could be used by the Company, for its own business purposes.
- GOVERNING STATUTE:
Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules 2011, which is designed to protect the Personal Information; and other applicable rules and regulations related to privacy.
- USE OF PERSONAL INFORMATION:
We shall use the Personal Information in the following cases: (i) to provide User with the Services and to assist User in the event User need additional support; (ii) for creation or development of business intelligence or data analytics in relation to the Services provided by the Company (iii) to more effectively provide the Services to User; (iv) to improve the Services; (v) to maintain and manage User Account; (vi) to assist User with technical difficulties that may arise in relation to User’s use and access of the Application ; (vii) to manage our relationship with User; (viii) for internal record keeping (ix) to comply with our legal or statutory obligations; (x) to contact User about important promotional emails about our Services , special offers or other important things about User Account, the Application and the Services and (xi) to contact User for market research purposes. We may contact User by email, phone or postal services. We may us the information to customize the Application in accordance with User’s interests and feedbacks on the use and access of the Application.
- CONTENT UPLOADED BY USERS
The Users acknowledge that the they shall be solely responsible for content uploaded by them on the Application and the Company does not have any control over the same. However, the Company reserves the right to review the contents uploaded/submitted by the Users and if the same is not in accordance all applicable laws, rules and regulations, or is found to violate any privacy or any other right including third party rights, the Company shall remove such content, without any prior notice to the Users or terminate the User Account, at its sole discretion.
Users acknowledge that the Company may create and share certain reports based on the Services and Personal Information shared by the Users. These reports are to be used at the sole discretion of the Users. The Company shall not be liable for any claims or any responsibility which may arise due to the use of these reports. Any reliance on these reports shall be as per the independent judgement of the Users or any third party.
Our Application may use “cookies” to enhance User experience.
A cookie is a small file which asks permission to be placed on User’s hard drive. Once User agree, the file is added and the cookie helps analyze web traffic or lets User know when User visit a particular site. Cookies allow web applications to respond to User as an individual. The web application can tailor its operations to User’s r needs, likes and dislikes by gathering and remembering information about User’s preferences.
We use traffic log cookies to identify which pages are being used. This helps us analyze data about web page traffic and improve our Application in order to tailor it to User’s needs. We only use this information for statistical analysis purposes and then the data is removed from the systems.
By using the Application, User signify User’s consent to our use of the cookies.
We do not sell, rent, share, distribute, lease or otherwise provide User’s Personal Information to third parties, without User’s prior consent. Keeping this in mind, we may disclose User’s Personal Information in the following cases:
We shall provide access to User’s Personal information to our authorized administrative(s) for internal business purposes, who shall be under confidentiality obligations towards the same.
- Banks and Firms.
We may share User’s Personal Information with banks, audit firms, governmental authority in relation to the Services provided herein, or internal business purposes, who shall be under confidentiality obligations towards the same. We may provide Personal Information to our advisors and consultants for billing, business, legal and taxation purposes.
We may provide Personal Information we collect to our affiliates. For example, we may disclose Personal Information to our affiliates in order to respond to User’s requests for information or the Services.
- Service Providers.
- Joint Marketing Arrangements.
Where permitted by law, we may share User’s Personal Information with joint marketers with whom we have a marketing arrangement, we would require all such joint marketers to have written contracts with us that specify appropriate use of User’s Personal Information, require them to safeguard User’s Personal Information, and prohibit them from making unauthorized or unlawful use of User’s Personal Information
- Merger or Acquisition.
We may transfer User’s Personal Information if we are acquired by / we acquire or merge with another Company or transfer a part of our business, including the Application, to a third party. Any third party or resultant entity that receives User’s Personal Information pursuant to a merger, demerger or business transfer shall have the right to continue to use User’s Personal Information. In the event of such a sale or transfer, we will notify Users.
- Legal and Regulatory Authorities.
Notwithstanding anything mentioned hereinabove, the Company shall not be responsible for the actions or omissions of the service providers or parties (including but not limited to the entities listed above) with whom the Personal Information is shared, nor shall the Company be responsible and/or liable for any additional information User may choose to provide directly to any service provider or any third party.
- DATA RETENTION:
We will retain User’s Personal Information for as long as User’s registration with us is valid and the performance of Services is complete. We may also retain and use User’s Personal Information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. Subject to this section, we will try to delete User’s Personal Information upon reasonable written request for the same. Please note, however, that there might be latency in deleting Personal Information from our servers and backed-up versions might exist even after deletion.
We value User’s Personal Information, and protect it on the Application against loss, misuse or alteration by taking extensive security measures. In order to protect User’s Personal Information, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online. To protect User’s Personal Information, we have implemented adequate technology. User’s Personal Information is securely stored at AWS, servers. Although we provide appropriate firewalls and protections, we cannot warrant the security of any Personal Information transmitted as our systems are not hack proof. Data pilferage due to unauthorized hacking, virus attacks, technical issues is possible and we take no liabilities or responsibilities for it. Users are required to be careful to avoid “phishing” scams, where someone may send User an e-mail that looks like it is from the Company asking for User’s personal information. If User have questions regarding our security User can contact us at contact details provided under Get In Touch section in the app.
Users are responsible for all actions that take place under User Account. If Users choose to share User Account details and password or any Personal Information with third parties, Users are solely responsible for the same. If Users lose control of User Account, they may lose substantial control over their Personal Information and may be subject to legally binding actions. It is Users’ responsibility to keep Users’ password confidential.
- THIRD PARTY LINKS AND ADVERTISEMENTS:
- ACCESSING AND MODIFYING PERSONAL INFORMATION:
In case User need to access, review, and/or make changes to the Personal Information, User may do so on User Account. User shall keep User’s Personal Information updated to help us better serve User.
- Communications from the Application
- Special Offers and Updates.
We may send User the information on products, services, special deals, and a newsletter of the Company. Out of respect for User’s privacy, we present the option to not receive these types of communications. User may unsubscribe via the unsubscribe mechanism provided in each such communication or by emailing us at Dev@MumSmile.in
- Service Announcements.
On certain occasions or under law, we are required to send out Service or Application related announcements. We respect User’s privacy, however User may not opt-out of these communications. These communications would not be promotional in nature.
- Customer Service.
We communicate with Customer(s) on a regular basis to provide requested services and in regards to issues relating to their User Account, we reply via email or phone, based on Customer(s) requirements and convenience.
- LIMITATION OF LIABILITY:
- GOVERNING LAWS AND DISPUTES:
- ENTIRE AGREEMENT
- CHANGES TO THIS POLICY:
- CONTACT US:
Welcome to our mobile application called MUMSMILE (“Application”) developed, owned and operated by
MumSmile Healthcare Solutions Private Limited (“MumSmile”, “we,” or “us” or “our”). Your use or access to our mobile services, the software and the services provided herein (collectively the “Services”) are subject to these Terms. As a part of the Services you may access the Application to cater to your pregnancy related healthcare needs provided by various medical practitioners or professionals registered with the Company consisting mainly of gynaecologists, physiotherapist and nutritionists. (collectively Medical Practitioners”). By accessing or using the Services, you signify that you have read, understood, and agree to be bound by these Terms. These Terms applies to all visitors, users, and others who access the Services through the on the Application. (“Users”, “you”, “your”).
We reserve the right to amend these Terms at any time and your use of the Services following any amendments will represent your agreement to be bound by these Terms as amended. We therefore recommend that each time you access the Application or use our Services, you read these Terms.
This Application is intended for use by pregnant ladies only. The Services are not available to any users previously removed from the service by us. If you are accessing an account to use the Services on behalf of a User (pregnant lady), then you represent and warrant that you: (i) are an authorized representative of such User (ii) agree to be bound by these Terms on behalf of such User. We shall not be under any obligation to verify your authority. Additionally, Users are prohibited from transferring their MumSmile account to any third party. If you do not qualify, you should not use these Services.
REGISTRATION OF USER ACCOUNT
To avail the Services, User must complete the registration on the ’Sign Up’ page. User will be required to register and create an account with the User ID and the password (collectively “Account”). Users may register on the Application through their accounts with Third Party Platforms (defined below) for availing the Services. Users agrees that any registration information provided by them will always be accurate, correct and complete. By usage of the Application, the User shall be solely responsible for maintaining the confidentiality of the Account and for all other activities that occur under his Account.
User shall be responsible for maintaining the confidentiality of his Account and password and agrees to accept responsibility for all activities that occur under the Account or password and in relation to the Services. We also reserve the right to refuse registration of, or cancel Accounts which we deem inappropriate.
The Account gives access to the Users to the services and functionalities that we may establish and
maintain from time to time and in our sole discretion. As part of the Services, you authorize us to import your login-in credentials, details and personal information dispersed over Third Party Platforms. “Third Party Platforms” would mean including but not limited to social networking platforms, such as Facebook, LinkedIn. Twitter or Google and other similar platforms.
You shall never use another User’s account. When creating your Account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your Account, and you must keep your Account and password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your Account. You must notify MumSmile immediately of any breach of security or unauthorized use of your Account. MumSmile shall not be liable for any losses caused by any unauthorized use of your Account.
You undertake and confirm that your registration details, including your name, address, telephone number, e-mail address, age, photo, date of birth, weight, height, family history / information, medical history/information, health information, details of menstrual cycle, sensitive personal information in relation to your pregnancy, and similar information provided by you for availing the Services, are true and accurate at all times and you undertake to update your registration details from time to time. If we become aware that the information provided by you is incorrect or false, we reserve the right to immediately cancel your registration and acceptance for registration in the future will be at our discretion.
DESCRIPTION OF SERVICES
The Application allows you to have access to the Services provided by the Medical Practitioners registered on the Application, and provides you information, images/ photos of the Gynaecologists and their respective clinics, book appointments with the Medical Practioners, through the Application, seek notification of appointments through the Application, and obtaining feedback from other Users in relation to the services offered by such Medical Practitioners. The User information shall be shared with the Medical Practitioners upon assignment of the Medical Practitioners to the Users. The User may view the gynaecologist clinics on the Application, and select the gynaecologist clinic she would want to be associated with. User agrees and acknowledges that Mumsmile shall not be liable if the appointment is not confirmed or cancelled by the Medical Practitioner(s) at any stage.
The Services of the Medical Practitioners made available through the Application to the Users are as follows:
The User for utilizing the gynaecologist Services, must initially provide details of her last menstrual date. The User would then be provided with a list of clinics of gynaecologists registered with the Application, based on her geographical location. The User may access and read the brief profile of various gynaecologists attached with the respective clinic, and may also view the photographs of the infrastructure of the clinic and the staff/ colleagues, associated with the clinic. The User shall have access to multiple gynaecologist clinics on the Application and may select one of the clinics, with which she wants to get associated. The User can view and sort the gynaecologist clinic as per the geographical location suited to the User. Once the User confirms the desired gynaecologist clinic, the User’s contact details
would be shared with the clinic of gynaecologist and the receptionist of the concerned clinic. Thereafter the User shall get all the notifications and reminders of the appointments with the gynaecologist on a weekly basis. The Application also provides an option to call or request a call back from the clinic.
In the event of any errors or inaccuracies in the Services, provided by the gynaecologist, the User shall not hold MumSmile liable for the same or any claims arising out of the same. The User also agrees that MumSmile shall not be made a party towards any claims raised by the Users against the gynaecologist, due to any reason whatsoever. MumSmile shall not be held responsible for any delay in providing appointments and/or Services to the Users(s) by the gynaecologist or their clinic. If the User is subjected to abortion while availing the Services, then MumSmile will not be in any case, responsible for any negligence or any act of the gynaecologist clinic. The User shall indemnify MumSmile for any such claim. As part of the Services, User is required to provide and regularly update her vitals namely; blood pressure, blood sugar, BMI, kick counts.
For seeking physiotherapist Services, the User would be assigned a physiotherapist by MumSmile, upon a request from the User. Mumsmile shall assign a physiotherapist who is registered with the Application, against the User’s request. Once the physiotherapist is assigned to the User, the contact details of the physiotherapist is shared with the User. The physiotherapist registered on the Application are qualified, trained and certified by experts associated with MumSmile. The physiotherapist is sent the name, address, and contact details of the User and the physiotherapist shall thereafter fix a suitable date and time with the User within 48 hours upon the receipt of request received from the User for a physiotherapy session. The physiotherapist shall either visit the User or make available to the User an appointment to visit the clinic for physiotherapy session as per the requirement of the User. The User gets a notification on her Application for regular physiotherapy sessions. The Application also provides the User an option to book a physiotherapist through the application. The User understands and agrees that for seeking physiotherapy sessions the User shall make payment for the session in advance through the payment mode as provided on the Application.
In the event of any errors or inaccuracies in the Services, provided by the physiotherapist, the User shall not hold MumSmile liable for any claims arising out of the same. The User also agrees that MumSmile shall not be made a party towards any claims raised by the Users against the physiotherapist, due to any reason whatsoever. MumSmile shall not be held responsible for any delay in providing appointments and/or Services to the Users(s) by the physiotherapist.
The User may avail the Services of nutritionist through the application. The User may book for an appointment with the nutritionist registered with the Application, after a request is sent through the Application. Upon receiving the request of the User, MumSmile shall, based on location of the User and availability of nutritionist, assign a nutritionist registered with the Application. Once a nutritionist is assigned to the User, the User’s contact details are shared with the nutritionist and nutritionist’s details are shared with the User. Thereafter the User shall receive a call from nutritionist, and decide a suitable date and time for the visit within 48 hours from receipt of request from the User. The User shall get regular updates on her Application of her visit to the nutritionist. When the User receives a notification to visit nutritionist, the User may book an appointment with the nutritionist using the Application.
The nutritionist shall provide the User a customized diet plan and update the nutri basket, with the diet food, based on the physical condition of the Users. The User understands and acknowledges that the diet food to be included in the nutri basket, shall be based on the specific diet food, available on the Application. The User shall not have any right to add any item or to modify the nutri basket as provided by the nutritionist. The User may delete the items form the nutri basket if she does not find the same appropriate. The User upon agreeing to the items of the nutri basket may proceed with the purchase of the food items available in the nutri basket. The User understands that the food items, shall be delivered by certain fulfilment centres associated with the Application.
The User agrees that MumSmile shall not be held responsible for any health issues arising due to or in relation to the consumptions of any food items listed in the nutri basket. The User agrees and understands that the in the event of any errors or inaccuracies in the Services, provided by the nutritionist, the User shall not hold MumSmile liable for any claims arising out of the same. The User also agrees that the MumSmile shall not be made a party towards any claims raised by the Users against the nutritionist, due to any reason whatsoever. MumSmile shall not be held responsible for any delay in providing appointments and/or Services to the Users(s) by the nutritionist or the fulfilment centres.
USE OF SERVICE
Subject to these Terms, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Services for your personal, non-commercial use only and as permitted by the features of the Services and these Terms. MumSmile reserves all rights not expressly granted herein and to the Services and in the MumSmile Content (as defined below). MumSmile may terminate this license at any time with or without any reason or notice
OUR PROPRIETARY RIGHTS
Except for the content shared by you on the Application, all materials including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music available on the Application (“MumSmile Content”), and all Intellectual Property Rights related thereto, are the exclusive property of MumSmile and its licensors.
We claim no intellectual property rights over the material you submit post, transmit or display on, or through, the Application. Your profile and materials uploaded remain yours. The ownership of any content created by a user of the Application in the context of the Services remains the property of that user.
The copyright to all content that has been created by Us, including applets, graphics, images, layouts and text belongs to Us or We have a licence to use those materials. MumSmile retains all rights in the MumSmile Content, including (without limitation) all copyright and other proprietary rights worldwide in all media. During the tenure of these Terms or thereafter, you shall not register or apply for registration directly or indirectly any intellectual property or any intellectual property right similar to MumSmile’s intellectual property rights.
All trademarks, brands and logos which are used on this Application are either owned by us or we have a licence to use them. Your access to our Application does not license you to use those marks in any commercial way without our prior written permission.
Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, reverse engineer, edit or create derivative works from any MumSmile Content. Use of the MumSmile Content for any purpose not expressly permitted by these Terms is strictly prohibited. MumSmile content is not for resale. Your use of the Application does not entitle you to make any unauthorized use of any protected content, and you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of MumSmile and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of MumSmile or our licensors except as expressly authorized by these Terms. You may choose to or we may invite you to submit or you may submit comments or feedback, review, ratings about the Services or about the Medical Practitioners etc., including without limitation about how to improve the Services and the features of the Application. By submitting any comment, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place MumSmile under any fiduciary or other obligation to maintain the secrecy of such feedback, comments or review and that we are free to use the feedback, review, ratings without any additional compensation to you, and/or to disclose the same on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, MumSmile does not waive any rights to use similar or related ideas previously known to MumSmile or developed by its employees, or obtained from sources other than You.
The Application may from time to time contain hyperlinks to other websites or mobile applications. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our Application to another website or mobile application does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or services which they provide. MumSmile is not a party to any transaction between You and such website. Your use of such website is subject to the terms and conditions of that website, without any reference to this Application.
PRIVACY & SECURITY
NO MEDICAL ADVICE
MumSmile collects, and displays on the Application, relevant information regarding the profile and practice of the Gynaecologists listed on this Application, such as their specialisation, clinic information, qualification, location, visiting hours, and similar details. MumSmile takes reasonable efforts to ensure that such information is updated at frequent intervals. Although MumSmile screens the information and photos submitted by the Gynaecologist’s clinic, MumSmile assume no liability or responsibility for the. The Users waive all rights she may have against MumSmile in this regard. User shall not hold, MumSmile, liable for any inaccuracies or incompleteness represented from the Gynaecologist’s clinic. The Content that you obtain or receive from MumSmile and its employees, contractors, Medical Practitioners, partners, sponsors, advertisers, licensors or otherwise through the Services are for informational purposes only. All medical related information, including but not limited to information shared through the Application, notifications, reminders and text messages, and advertising, comes from independent healthcare professionals and organizations and is for information purposes only.
THE CONTENT, PROVIDED BY OR USING THE SERVICES OR THROUGH ANY OTHER COMMUNICATIONS FROM MUMSMILE, OR THROUGH THIS APPLICATION IS NOT INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. THE USER SHALL NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL ADVICE FROM A QUALIFIED HEALTHCARE PROVIDER OR A DOCTOER BECAUSE OF SOMETHING SHE MAY HAVE READ ON THE APPLICATION. USER SHALL NOT USE THE SERVICES FOR EMERGENCY MEDICAL NEEDS. IN THE EVENT THE USER EXPERIENCES A MEDICAL EMERGENCY, THE USER SHALL IMMEDIATELY CALL A DOCTOR AND SHALL NOT RELY ON THE MEDICAL PRACTIONERS REGISTERED WITH THE APPLICATION. USER’S USE OF THE CONTENT IS SOLELY AT THEIR OWN RISK. NOTHING STATED OR POSTED ON THIS APPLICATION OR AVAILABLE THROUGH ANY SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE, OR OTHER PROFESSIONAL HEALTH CARE ADVICE, OR THE PROVISION OF MEDICAL CARE. IF YOU RELY ON ANY CONTENT PROVIDED THROUGH THE SERVICES, YOU DO SO SOLELY AT YOUR OWN RISK.
MumSmile reserves the right, in its sole discretion, to terminate your access to the Application and the related services or any portion thereof at any time, without notice. Your right to access and use the Application terminates automatically upon your material breach of any of the of these Terms.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and MumSmile because of this agreement or use of this Application. MumSmile’s performance of these Terms are subject to existing laws and legal process, and nothing contained in these Terms are in derogation of MumSmile’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Application or information provided to or gathered by MumSmile with respect to such use. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect.
You agree not to engage in any of the following activities:
Violating laws and rights:
You may not (a) use the Application for any illegal purpose or in violation of any local, state, national, or international laws, (b) violate or encourage others to violate any right of or obligation to a third party, including but not limited to, by infringing, misappropriating, or violating intellectual property, confidentiality, or privacy rights.
You may not use the Application or any information provided through the Application for the transmission of advertising or promotional materials, including junk mail, spam, chain letters, or any other form of unsolicited or unwelcome solicitation.
You may not use the Application in any manner that could disable, overburden, damage, or impair the Application, or interfere with any other party’s use and enjoyment of the Application; including by (a) uploading or otherwise disseminating any virus, adware, spyware, worm or other malicious code, or (b) interfering with or disrupting any network, equipment, or server connected to or used to provide any of the Services on the Application, or violating any regulation, policy, or procedure of any network, equipment, or server.
You may not share or transmit contents or details that are harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false or misleading, or incites an illegal act.
Impersonation or unauthorized access:
You may not impersonate another person or entity, or misrepresent your affiliation with a person or User when using the Application;
You may not use or attempt to use another’s account or personal information; and, you may not attempt to gain unauthorized access to the Application, or the computer systems or networks connected to the Application, through hacking password mining or any other means.
You agree to defend, indemnify and hold harmless MumSmile and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising out of or related to: (i) your use of and access to the Services, including any data or content transmitted or received by you; (ii) your violation of these Terms; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) user content or any other information or content that is submitted through your Account including without limitation misleading, false or inaccurate information; (vi) negligent or wilful misconduct; or (vii) any other party’s access and use of other appropriate security code.
WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE, OR BENEFIT INFORMATION, OR OTHER CONTENT THROUGH THE SERVICES. IN NO EVENT, SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON ANY SUCH CONTENT.
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, MUMSMILE, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY SPECIFIC TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED USING THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
MUMSMILE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE MUMSMILE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE.
MUMSMILE SHALL NOT BE LIABLE FOR ANY WRONG MEDICATION OR TREATMENT QUALITY BEING GIVEN BY THE MEDICAL PRACTITIONER(S), OR ANY MEDICAL NEGLIGENCE ON PART OF THE MEDICAL PRACTITIONER(S), ANY TYPE OF INCONVENIENCE,HEALTH MISHAPS, SEXUAL ABUSE SUFFERED BY THE USER DUE TO, OR AS A RESULT OF FAILURE ON THE PART OF THE MEDICAL PRACTITIONER(S), TO PROVIDE AGREED SERVICES OR TO MAKE HIMSELF/HERSELF AVAILABLE AT THE APPOINTED TIME, NO SHOW BY THE MEDICAL PRACTITIONER(S), INAPPROPRIATE TREATMENT, IMPROPER SUGGESTIONS AND ADVICE OR SIMILAR DIFFICULTIES; ANY MISCONDUCT OR INAPPROPRIATE BEHAVIOUR BY THE MEDICAL PRACTITIONER(S),OR THE MEDICAL PRACTITIONER(S), STAFF; CANCELLATION OR RESCHEDULING OF BOOKED APPOINTMENT OR ANY VARIANCE IN THE FEES CHARGED; ANY MEDICAL EVENTUALITIES THAT MIGHT OCCUR SUBSEQUENT TO USING THE SERVICES OF A MEDICAL PRACTITIONER(S), WHOM THE USER HAS SELECTED ON THE BASIS OF THE INFORMATION AVAILABLE ON THE APPLICATION OR WITH WHOM THE USER HAS BOOKED AN APPOINTMENT THROUGH THE APPLICATION.
LIMITATION OF LIABILITY
IN NO EVENT, SHALL WE BE LIABLE TO YOU (OR TO ANY THIRD PARTY CLAIMING UNDER OR THROUGH YOU) FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE APPLICATION AND/OR THE SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, ANY OTHER COMMERCIAL DAMAGES OR LOSSES, OR MEDICAL MALPRACTICE OR NEGLIGENCE OF MEDIACL PRACTITIONERS UTILIZED THROUGH USE OF THE SERVICE, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY CONTENTS POSTED BY YOU OR BY ANY USER OR THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
ANTI SPAM POLICY
You certify that you will use and access the Application in accordance with these Terms. You are forbidden to transmit unsolicited commercial email (spam) by using and accessing the Application. Additionally, you are required to reconfirm (permission pass) or stop mailing an existing list when it is determined to be in violation of our anti-spam policy. Repeated violations or failures to comply with this anti-spam policy will result in termination of your access to the Application. You agree and acknowledge that, we shall not be held liable for any claim that may arise due to your violation of this anti-spam policy.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by MumSmile without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
Notification Procedures and Changes to the Agreement
MumSmile may provide notifications, whether such notifications are required by law or are for
marketing or other business related purposes, to you through an email or messages on the mobile, or through posting of such notice on the Application, as determined by MumSmile in its sole discretion. The Users may also choose to discontinue with certain notification as described in this Agreement. MumSmile is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.
This Agreement, together with any amendments and any additional agreements you may enter with MumSmile in connection with the Service, shall constitute the entire agreement between you and MumSmile concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
If customer has paid via Pay as you go mode for services on the app:
Customer can claim the refund if service is not utilized within 30 days of payment. A cancellation charge of 50% will be deducted from the amount. Refund can be claimed after 30 days of non utilization of the service.
If customer has paid for a subscription mode in the app:
Any unutilized amount will be repaid in the form of gift cards to the customer. No cash refund will be provided to the customer for unutilized amount.
If the customer has paid more than bill amount for Nutri Basket:
Any excess amount paid by the customer due to unavailability of the product in the nutri basket will be refunded to the customer without any deductions or interest after 10 working days from the transaction date.
If the customer has paid for an independent program offered by MumSmile associated entity:
If a customer has purchased an independent training program like Lamaz or Parenting tips or any other content delivered by entity associated with MumSmile and a customer fails to attend the program, customer is not entitled to receive any refund under such circumstances.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and MumSmile’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Contact. Please contact us at contact details provided in the app under “Get in touch” section with any questions regarding this Agreement.
Any dispute or claim relating in any way to your use of any MumSmile Service, by MumSmile or through MumSmile will be resolved by binding arbitration, to be conducted by an arbitrator appointed by MumSmile. The arbitration proceedings shall be governed by the Arbitration and Conciliations Act, 1996 and the seat of the arbitration shall in Pune. The language of the proceedings shall be English and the award of the proceedings shall be final and binding on the parties.
Governing Law and Jurisdiction
These Terms shall be governed by and interpreted and construed in accordance with the laws of India. The Courts/Tribunals in Pune shall have exclusive jurisdiction to try any disputes or suit arising out of these Terms.