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This Terms of Use agreement was last updated: December 1, 2018.
This Terms of Use agreement is effective from: December 1, 2018

Acceptance of Terms

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BY USING THIS PLATFORM, YOU AGREE TO BE LEGALLY BOUND BY ALL OF THE TERMS AND CONDITIONS AND THE PRIVACY POLICY AS DESCRIBED IN THE BELOW MENTIONED PARAGRAPHS.

These terms and Conditions governs your use of this website https://www.upbringing.ai/ (the "Website") and mobile platform doozie (the “Application”) being owned, controlled and operated by UPBRINGY.AI PRIVATE LIMITED ("Upbringy.AI"), herein referred to as “the company”, having its registered office at #49, 74/6 & 74/7- Kritan Calista, T2, 4th Cross, Agara (V) 2, Bangalore, Karnataka – 560102. These Terms of Use contain provisions that define your limits, legal rights and obligations with respect to your use of and participation in (i) the Upbringy.AI website and mobile application, including the classified advertisements, forums, various email functions and Internet links and all content and Upbringy.AI services available through the domain and sub-domains of Upbringy.AI located at https://www.upbringing.ai/ (collectively referred to herein as the "Website"), and (ii) the online transactions between those users of the Website who are obtaining services (each, a "Service User") through the Website (such services, collectively, the "Services") and (iii) “Health Care Service Providers” or “HSPs”. The Terms of use described below apply to all users of the Website, including users who are also contributors of video content, information, private and public messages, advertisements, and other materials or Services on the Website.

The terms ‘You’ or ‘Your’ refer to you as the user, that accesses, uses, and/or participates in the Website in any manner (irrespective of whether You are a Registered User or a Non-Registered User) and the terms ‘Upbringy.AI’, ‘We’, ‘Us’, ‘Company’, and ‘Our’ refer to UPBRINGY.AI PRIVATE LIMITED. In the event the Application is being used by a person on your behalf, the expression “You” or “Your” shall apply to such person as well. If you use the Website or open an account (as defined in the below sections) on behalf of a business, you represent and warrant that you have the authority to bind that business and your acceptance of the Terms of Use will be deemed an acceptance by that business and "you" and "your" herein shall refer to that business.

You acknowledge that the Website serves as a venue for the online publication of user submitted information between the company and Service Users and by using, visiting, registering for, and/or otherwise participating in this Website, including the Services presented, promoted, and displayed on the Website, and by clicking on "I have read and agree to the terms of use," you hereby certify that: (1) you are a prospective Service User, (2) you have the authority to enter into these Terms of Use, (3) you authorize the transfer of payment for Services requested through the use of the Website, and (4) you agree to be bound by all terms and conditions of these Terms of Use and any other documents incorporated by reference herein. If you do not so agree to the foregoing, you should not click to affirm your acceptance thereof, in which case you are prohibited from accessing or using the Website. If you do not agree to any of the provisions set forth in the Terms of Use, kindly discontinue viewing or participating in this Website immediately. If you would like to print the terms and conditions, please click the print button on your browser toolbar.

These Terms of Use, the Privacy Policy, together with any additional Service-specific terms and conditions, other policies which may be applicable to specific portions of the website and the Application and any disclaimers which may be present on the Application are jointly referred to as “Agreement” and constitute the terms of Your access and use of the Application and the Services (defined later). Where any part of the Agreement is modified in accordance with the terms of the Agreement, the Agreement shall be enforceable in its modified form. The Agreement supersedes all previous oral and written terms and conditions (if any) communicated to You. YOU AGREE THAT YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE COMPETENT UNDER LAW TO ENTER INTO A LEGALLY BINDING AND ENFORCEABLE CONTRACT AND HENCE ELIGIBLE TO VIEW CONTENT OF THE WEBSITE. THE APPLICATION Upbringy.AI is the author and publisher of the Application, and all variants, editions, add-ons, and ancillary products or services of the Application (including all files, images and videos contained in or generated by the software, and accompanying data, together). The Application may be used by Users (defined below) to avail Services and/or to find, access, manage and organize information including but not limited to personal or non-personal information, doctor/consultant information, appointments, prescriptions, laboratory and diagnostic tests, electronic medical records, billing, inventory, accounting details and other relevant information. HEALTH CARE SERVICE PROVIDERS “Health Care Service Providers” or “HSPs” are duly qualified doctors, nurses, paramedical staff, physiotherapists, consultants, medical equipment suppliers, laboratory service providers, other incidental and ancillary health care service providers who interact with Registered Users as part of the Services.

Modifications to terms of use and/or privacy policy Upbringy.AI reserves the right, in its sole discretion, to change, modify or otherwise amend the terms and conditions, and any other documents incorporated as reference herein for complying with legal and regulatory framework and for other legitimate business purposes, at any time by posting any changes or revised terms and conditions on this Website. The changed or revised terms and conditions will be effective immediately on posting it on this Website. Your use of the Website following the posting of any such changes or of the revised terms and conditions will constitute your acceptance of any such changes or revisions. The company encourages you to view these terms and conditions whenever you visit the website to make sure that you understand the terms and conditions governing the use of the website. If you do not agree to abide by these or any future Terms of Use, please do not use or access the website.

Privacy policy

Upbringy.AI has established a Privacy Policy that explains to users how their information is collected and used. Your use of this Website is governed by the Privacy Policy. The Privacy Policy is located at: http://www.upbringing.ai?open=privacy-policy

CONTENT

The data and information available on the Application may be categorised as follows:

  1. Data and information generated or provided by Unregistered Users and Registered Users on the Application (“User Content”)
  2. Data and information which the company (through itself or its contractors) has generated or procured for the Application and includes data and information generated or provided by HSPs (“Upbringy.AI Content”); Membership, Accessibility and Usage Rights

License to access

Upbringy.AI hereby grants you a non-exclusive, revocable license to use the Website as set forth in the Terms of Use; provided, however, that (i) you will not copy, distribute, or make derivative works of the Website in any medium without Upbringy.AI prior written consent; (ii) you will not alter or modify any part of the website; and (iii) you will otherwise act in accordance with the terms and conditions of the Terms of Use and in accordance with all applicable laws.

Membership eligibility criteria

As required by law, you must be at least 18 years of age and have a sound mind to access and use the Application and Services. In case the Application or Services are to be accessed or used by a minor (i.e. a person less than 18 years of age), then the legal guardian/representative of such person shall register himself/herself as a Primary User and create the profile of the minor as a Secondary User. You represent, acknowledge and agree that you are at least 18 years of age, and that: (a) all registration information that you submit is truthful and accurate, (b) you will maintain the accuracy of such information, and (c) your use of the Website and Services offered through this Website do not violate any applicable law or regulation. Your Account (defined below) may be terminated without warning if we at our discretion, believe that you are under the age of 18 or that you are not complying with any applicable laws, rules or regulations.

A service user need not required to register with (website name) to visit and view the Website, however to access and participate in certain features of the Website, the user will need to create a password-protected account ("Account"). To create an account, you must submit your name and email address on the account registration page of the Website and create a password. Post registration, the service user shall be called as a “Registered User”. You can be either a “Primary User”, who can login into the account on the Application by providing their username and password or a “Secondary User”, whose profile has successfully been created on the Application under the account of a Primary User, by providing information that is true and accurate. You will also have the ability to provide additional optional information, which is not required to register for an account but may be helpful to Upbringy.AI in providing you with a more customized experience when using the Website.

“Non-Registered Users” are users who have not successfully registered themselves on the Application. Non-Registered Users may not be provided access to certain areas of the Application.

Registered Users and Non-Registered Users shall individually or collectively be referred to as “Users”.

You will not share your log-in details with anyone. You are solely responsible for safeguarding your password and, if applicable, your Third-Party Site Password (collectively, "Passwords") at all times and shall keep your Passwords secure at all times. You shall be solely responsible for all activity that occurs on your Account, whether or not authorized by you and you shall notify Upbringy.AI immediately of any breach of security or any unauthorized use of your Account. Similarly, you shall never use another's Account without Upbringy.AI’s permission, except in case of minor, whose usage shall be supervised by his legal representative. You agree that you will not misrepresent yourself or represent yourself as another user of the Website and/or the Services offered through the Website. Although Upbringy.AI will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Upbringy.AI or others due to such unauthorized use

You will provide true, accurate, current and complete information when creating your Account and you shall maintain and update such information during the term of this Agreement so that it will remain accurate, true, current and complete. You shall not use any automated system, including but not limited to, "robots," "spiders," "offline readers," "scrapers," etc., to access the Website for any purpose without Upbringy.AI's prior written approval.

You shall not in any manual or automated manner collect Service Users information, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, or otherwise misuse or misappropriate Website information or content, including but not limited to, use on a "mirrored", competitive, or third party site.

You shall not in any way that transmits more request messages to the Upbringy.AI servers, or any server of a Upbringy.AI subsidiary or affiliate, in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser; provided, however, that the operators of public search engines may use spiders or robots to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such material. Upbringy.AI reserves the right to revoke these exceptions either generally or in specific cases.

You shall not recruit, solicit, or contact in any form Service Users for employment or contracting for a business not affiliated with Upbringy.AI without express written permission from Upbringy.AI. You shall not take any action that (i) unreasonably encumbers or, in Upbringy.AI's sole discretion, may unreasonably encumber the Website's infrastructure; (ii) interferes or attempts to interfere with the proper working of the Website or any third-party participation in the Website; or (iii) bypasses Upbringy.AI's measures that are used to prevent or restrict access to the Website. You agree not to collect or harvest any personally identifiable data, including without limitation, names or other Account information, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes.

All Services will be requested for, and provided to, the Primary User only. A Secondary User may avail the Services rendered to the Primary User as a beneficiary. The Primary User will be responsible and accountable for the Secondary User’s activity on the Application as if the Application and Services were being accessed and used by the Primary User. However, this shall not discharge the Secondary User from liability towards Upbringy.AI or its contractors or agents and Upbringy.AI shall have the right to proceed against Secondary User and Primary User, either jointly or severally, for acts and omissions of Secondary User that violate the Agreement. You will use the Application and the features provided by the Application only in relation to and in compliance with all applicable Indian laws. You will not use this Application or any feature provided by the Application for any purposes not intended under this Agreement. In a situation where You avail of any Service outside India, which involves interaction with a HSP, you should have the advice and /or prescription given by such HSP validated by a local registered medical practitioner. Certain Services are location specific. Depending on Your location, some Services may not be available to You. You will not deliberately use the Application in any way that is unlawful or harms Upbringy.AI, its directors, employees, affiliates, distributors, partners, service providers and/or any User and/or data or content on the Application. As a User, you may have access to business sensitive information. You shall not share such information with Upbringy.AI’s direct competitors or use it for competitive purposes.

You understand that as part of your registration process as well as in course of your use of the Application, you may receive SMS or email communication or both from Upbringy.AI on your registered contact information. These communications will relate to your registration, Services provided by Upbringy.AI, transactions that you carry out through the Application and any such information found suitable of your attention by Upbringy.AI. Please note that Upbringy.AI will send these communications only to the mobile number that you provide on the Application. It is your responsibility to ensure that you provide the correct number for the transaction you wish to enter into. Further, Upbringy.AI may also send notifications and reminders to you for the features that you may be using on the Application. You hereby consent to receive such communications from Upbringy.AI. Access and usage rights of users Non – Registered User: A Non – Registered User is not permitted to access or make use of the Application for any purpose other than what is specifically permitted. An Unregistered User is specifically permitted to browse the Application without accessing any Services and to share the Application via social media applications. Registered User: A Registered User is not permitted to access or make use of the Application for any purpose other than what is specifically permitted. A Registered User is specifically permitted to enjoy all the access and usage rights of an Unregistered User and access and use the Services subject to such limitations and restrictions as are prescribed under the Agreement or may be otherwise communicated to Registered User from time to time through any contact information shared by such user at the time of registration.

  1. Services
  2. The Application may be used to access a variety of health-care and related services. Depending on the status of your registration and subject to the limitations and restrictions imposed by the Agreement or by Upbringy.AI, you may avail of the following services through the Application:

    1. Online Consultations (through “Daadi” care team doctors and Healthcare Service Providers);
    2. Home examination;
    3. Long term care programs for chronic diseases;
    4. Such other services as may be intimated from time to time.
    5. Patient data storage service;
    6. Built-in app features such as medicine reminders, storage and display of your medical records, information and history, including general medical information, outpatient records, discharge summaries, prescriptions, lab investigations and radiology reports along with information regarding your family members;

    The aforesaid services are referred to as “Services” The Services are non-transferable and only cover the Registered User. You are advised not to use the “Granny” online consultation services in case of emergency or if you are in a critical condition. If you are a Registered User but do not satisfy the above pre-conditions, please do not avail the online consultation services. Upbringy.AI will not be responsible or liable for any harm or loss that you may suffer if you elect to access those services. All users, who are patients, and who opt for online consultation services, may be required to undergo an initial medical examination to ascertain and record medical history, medication history and medical status before video-consulting support can be provided. Online consultation services may be provided via the following communication channels Call Center Helplines / Telephones / Mobiles / IM Chats / Online Chats / SMS & Text Chats with and without camera and video facilities at the sole discretion of Upbringy.AI. Reasonable efforts will be made to protect your privacy and confidentiality across Health Consultation Services. The minimum age requirement of 18 years does not apply to any service that is open to children and adolescents from Age 1-18.

  3. Prohibitions on submitted content
  4. You shall not upload, post, transmit, transfer, disseminate, distribute, or facilitate distribution of any content, including text, images, video, sound, data, information, or software, to any part of the Website, including your profile ("Profile"), the posting of your desired Service ("Want"), or the posting of any opinions or reviews in connection with the Website, the Service, the Service Professional, or the Service User ("Feedback") (all of the foregoing content is sometimes collectively referred to herein as "Submitted Content" and the posting of Submitted Content is sometimes referred to as a "Posting" or as "Postings") that:

    misrepresents the source of anything you post, including impersonation of another individual or entity or any false or inaccurate biographical information; provides or create links to external sites that violate the Terms of Use; is intended to harm or exploit any individual under the age of 18 ("Minor") in any way; is designed to solicit, or collect personally identifiable information of any Minor, including, but not limited to, name, email address, home address, phone number, or the name of his or her school; invades anyone's privacy by attempting to harvest, collect, store, or publish private or personally identifiable information, such as names, email addresses, phone numbers, passwords, account information, credit card numbers, home addresses, or other contact information without their knowledge and willing consent; contains falsehoods or misrepresentations that could damage Upbringy.AI or any third party; is pornographic, harassing, hateful, illegal, obscene, defamatory, libellous, slanderous, threatening, discriminatory, racially, culturally or ethnically offensive; incites, advocates, or expresses pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism, or gratuitous violence; encourages conduct that would be considered as criminal offense, give rise to civil liability or violate any law; promotes racism, hatred or physical harm of any kind against any group or individual; contains nudity, violence or inappropriate subject matter; or is otherwise inappropriate; is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post the material and to grant Upbringy.AI all of the license rights granted herein; contains or promotes an illegal or unauthorized copy of another person's copyrighted work, such as pirated computer programs or links to them, information to circumvent manufacture installed copy-protection devices, pirated music or links to pirated music files, or lyrics, guitar tabs or sheet music, works of art, teaching tools, or any other item the copy, display, use, performance, or distribution of which infringes on another's copyright, intellectual property right, or any other proprietary right;

    is intended to threaten, stalk, defame, defraud, degrade, victimize, or intimidate an individual or group of individuals for any reason on the basis of age, gender, disability, ethnicity, sexual orientation, race, or religion; or to incite or encourage anyone else to do so; intends to harm or disrupt another user's computer or would allow others to illegally access software or bypass security on websites or servers, including but not limited, to spamming; impersonates, uses the identity of, or attempts to impersonate a Upbringy.AI employee, agent, manager, host, another user, or any other person through any means; advertises or solicits a business not related to or appropriate for the Website (as determined by Upbringy.AI in its sole discretion); contains or could be considered "junk mail", "spam", "chain letters", "pyramid schemes", "affiliate marketing", or unsolicited commercial advertisement; contains advertising for Ponzi schemes, discount cards, credit counselling, online surveys or online contests; distributes or contains viruses or any other technologies that may harm Upbringy.AI, or the interests or property of Upbringy.AI users contain links to commercial services or websites, except as allowed pursuant to the Terms of Use; is non-local or irrelevant content; contains identical content to other open Postings you have already posted; or uses any form of automated device or computer program that enables the submission of Postings without the express written consent of Upbringy.AI.

  5. No discrimination
  6. Discriminatory Postings. Indian laws prohibit any preference, limitation or discrimination based on race, colour, religion, sex, national origin, age, handicap or other protected class. Upbringy.AI will not knowingly accept any Posting which is in violation of the law. Upbringy.AI has the right, in its sole discretion and without prior notice to you; to immediately remove any posting that discriminates or is any way in violation of any law. PROHIBITIONS WITH RESPECT TO SERVICES While using the Website, you shall not: post content or items in any inappropriate category or areas on the Website; violate any laws, third-party rights, Account Policies, or any provision of the Terms of Use, such as the prohibitions described above; take any action that may undermine the Feedback or ratings systems (such as displaying, importing or exporting Feedback information off of the Website or using it for purposes unrelated to the Website);

    Additional policies

    Your access to, use of, and participation in the Website is subject to the Terms of Use and all applicable Upbringy.AI regulations, guidelines and additional policies that Upbringy.AI may set forth from time to time, including without limitation, a copyright policy and any other restrictions or limitations that Upbringy.AI publishes on the Website (the "Additional Policies"). You hereby agree to comply with the Additional Policies and your obligations thereunder at all times. You hereby acknowledge and agree that if you fail to adhere to any of the terms and conditions of this Agreement or documents referenced herein, including the Account Policies, membership eligibility criteria or Additional Policies, Upbringy.AI, in its sole discretion, may terminate your Account at any time without prior notice to you as well as initiate appropriate legal proceedings, if necessary.

    No Confidentiality

    The Website may now or in the future permit the submission of videos or other communications submitted by you and other users, including without limitation, your Profile, your Offer, your Wants, any Feedback, and all Submitted Content other than patient records, and the hosting, sharing, and/or publishing of such Submitted Content. You understand that whether or not such Submitted Content is published, Upbringy.AI does not guarantee any confidentiality with respect to any Submitted Content. You agree that You are the owner of all rights (including all intellectual property rights) in the User Content that you post on the Application or provide to Upbringy.AI. To the extent permissible by law, you hereby grant Upbringy.AI a perpetual, non-revocable, worldwide, royalty-free license to make use of such User Content including the right to copy, distribute, display, reproduce, modify, adapt, the User Content, and create derivate works of the User Content. You agree that any Submitted Content provided by you for which you authorize to be searchable by Registered Users who have access to the Website is provided on a non-proprietary and non -confidential basis. You agree that Upbringy.AI shall be free to use or disseminate such freely searchable Submitted Content on an unrestricted basis for the purpose of providing the Services. Upbringy.AI may also disclose user information including personal information if Upbringy.AI reasonably believes that disclosure (i) is necessary in order to comply with a legal process (such as a court order, search warrant, etc.) or other legal requirement of any governmental authority, (ii) would potentially mitigate Upbringy.AI’s liability in an actual or potential lawsuit, (iii) is otherwise necessary or appropriate to protect our rights or property, or the rights or property of any person or entity, (iv) to enforce this Agreement (including, but not limited to ensuring payment of fees by users), or (v) as may be required or necessary to deter illegal behaviour (including, but not limited to, fraud).

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