EmpowerM Mobility Solutions Private Limited is a private limited company having its registered office at BVRIT City Center, Punjagutta, Hyderabad (hereinafter referred to as “empowerM” or “we” or “us” or “our” or “CallAmbulance”). EmpowerM provides under its own name or through its subsidiaries and/or affiliate entities, various services related to the health care sector to different users and groups.
EmpowerM has developed a website – www.callambulance.in (hereinafter referred to as the “Website”) and a related smart phone mobile application (“Mobile Application”) that enables the users /registered members of the Website/Mobile Application to obtain a list of third party emergency/health providers available in a specific geographical area(“Call AmbulanceServices”) .The aforesaid services are being presented by empowerM under the brand name “Call Ambulance”. Please note that Call Ambulance merely provides a generic list of all available health care and emergency care providers in a particular geographical area and does not endorse or provide any representations or warranties in respect of their quality, efficiency, specialization, skill, expertise or availability of such health care and emergency care providers.
- PARTIES TO THE USER AGREEMENT
- The membership of the Website/ Mobile Application is open to various users including patients, healthcare professionals, healthcare organizations and other parties in the healthcare field. For the purposes of theseTerms and Conditions, the term ‘User’ or “you” or “your” shall mean any person who is not a health care professional, health care organisation or an emergency service provider but shall include First Responders (defined below),individualswho download, use, accesses or registers with the Website and/or the Mobile Application for his/her personal use; or an individual who downloads, uses, accesses or registers with the Website and/or the Mobile Application on behalf of any other individual with their consent for their personal use; or an individual who downloads, uses, accesses or registers with the Website and/or the Mobile Application on behalf of anyentity. For terms and conditions applicable to health care professional, health care organisation or an emergency service provider please see /home/privacy-policy/.
- This User Agreement (as defined below) is between empowerM and the User.
- REGISTRATION AS USER, RESTRICTIONS ETC
- You may register on the Website/ Mobile Application as a single user, representing yourself /or other persons/ entities. In the event you are a User registering on the Website/ Mobile Application on behalf of other persons/ entities (“Owner”), you represent that such person(s)/ entity(ies) have provided the requisite consent and approval authorizing you to create the account and provide the information on their behalf on the Website/ Mobile Application. As the Owner, you may share your login credentials with such persons and other authorized persons in the entities. However, please note that theresponsibility for the security of your account, usage, passwords etc., rests with you. The User will be responsible for any activity on your account until your account is closed, whether such activity is undertaken by you or any other persons.
- In the event you are an individual entering into this User Agreement, (i) you are eligible to enter into a contract as per the requirements of the Indian Contracts Act, 1872; (ii) you acknowledge and understand that the information provided by you may constitute “personally identifiable sensitive information”as defined in Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data and Information) Rules, 2011 and you expressly consented to collection, storage and transmission of such information by empowerM through the Mobile Application/Website to relevant third party service providers in accordance with the terms of this User Agreement; and (iii) this User Agreement would constitute a valid and legally binding obligation on you.
- Only individuals above the age of 18 years are permitted to register as User on the Website/ Mobile Application. However, a User, who is the legal guardian of a minor, may create a profile on behalf of the minor on the Website/ Mobile Application and any information provided in relation to the minor by the guardian will be treated as the personal information of such guardian.
- If you are using the Call Ambulance Services on behalf of a company, partnership, trust, proprietorship, limited liability partnership or other legal entity (hereinafter referred to as an “Entity”), you are individually bound by this User Agreement even if your company, partnership, limited liability partnership etc., has a separate agreement with us. In the event you are entering into this User Agreement on behalf of any Entity, you confirm that, (i) you are the authorized representative of such Entity; (ii) all requisite authorizations have been obtained to appoint you as the authorized representative of such Entity; and (iii) this User Agreement would constitute a valid and legally binding obligation on such Entity;
- By becoming a User, you acknowledge that you have read and understood the terms and conditions of this User Agreement and that you agree to be bound by all the provisions of this User Agreement as may be revised from time to time, and you understand and agree that you are bound by such terms when you access, use, download, operate this Website/ Mobile Application or utilizing or relying on any service which forms a part of any of the Call Ambulance Services.
- Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use Call Ambulance Services.
- DATA ON WEBSITE, MOBILE APPLICATION
- The data on the Website/ Mobile Application is collected by us from healthcare professionals and organizations and it is used to create a database of information that is accessible to the Users in case of a medical emergency.
- Please note that the Website, the Mobile Application or the information contained therein are generic in nature and are not intended to substitute professional medical assistance/advice or professional emergency response. The Users of the Website and/or the Mobile Application agree that they shall not replace the information contained in the Website and/or the Mobile Application with professional advice/services from health/emergency care providers.
- The Users of the Website and/or the Mobile Application are solely responsible for their reliance on the Website/Mobile Application and the information, advice or Call Ambulance Services contained therein.
- USER INFORMATION AND PRIVACY
- The User will be required to contribute information with regard to medical history, emergency contacts, address, names etc., on the Website/ Mobile Application. The User understands that certain information provided by him/her will qualify to be personally identifiable sensitive information under the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data and Information) Rules, 2011and the disclosure of the same is completely voluntary.We confirm that the storage of such personal information are in compliance with the requirements under the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data and Information) Rules, 2011. You expressly consent to the collection, storage and the aforesaid transmission of information and shall not hold empowerM liable or make any claims against empowerM in respect of the collection, storage and transmission of the aforesaid information in accordance with this User Agreement.The User also understands that the efficiency of Call Ambulance Service is dependant on the accuracy and completeness of the information provided by you.Among other details as may be required from the User, each User will provide the following:
- Phone numbers and other contact details are upto date.
- Emergency health record information is always kept upto date.
- Health insurance information and emergency contact information is always upto date.
- Latest patches (updates) are downloaded to ensure the latest functionality is available to you.
- Profile information on the Website/Mobile application is accurate and updated. If you are found to be in violation of the User Agreement or it is found that the information provided by you is inaccurate or falsifying any identity, empowerM reserves the right to suspend your account and initiate legal proceedings against you.
- ACCESS OFUSER INFORMATION
- The User acknowledges that each of the following persons may be provided different levels of access to the User’s health care information. The User acknowledges that sharing of User information with the following persons is expressly permitted by the User and the User has exercised discretion in the selection of persons as his/her Care Giver, Emergency Contact, Doctor/ Emergency or Health Care Provider. The sharing of User Information with a First Responder or Doctors/ Emergency or Health Care Providers other than those expressly selected by the User is hereby permitted by the User in the interest of providing medical care to the User on the occurrence of an emergency.
- Care Giver: Your Care Giver is a person responsible for your well-being and will have access to your address, age, gender, profile picture, insurance details, family health history, your habits, contact information of your emergency contacts, your medical history, your visit history, your diet history and your emergency health record.
- Emergency Contact: Your emergency contact is a person who is willing to assist you in case of an emergency and will have access to your address, age, gender, profile picture, insurance details, contact information of your emergency contacts and your emergency health record. The emergency contact should be someone from your close family or friends circle.
- Doctor/ Emergency or Health Care Professional: Your doctor, hospitalor emergency/health care professional will have access to your address, age, gender, profile picture, insurance details, family health history, your habits, contact information of your emergency contacts, your medical history, your visit history, your diet history and your emergency health record.
- First Responder: First responder shall be a person who is not a medical professional but a volunteer who has received basic level of training in first aid and may be the person to reach first at the location of an emergency. A person registered as a first responder shall have access to emergency url which contains the emergency health record, insurance, location and your emergency contacts information
- In the above circumstances, the assignee of the account or any of the above categories of persons who are provided access to the User’s health information shall be bound by the terms of this User Agreement. Further, you, the User, shall be responsible for the way anyone you have authorized to use the information provided by you on the Website/Mobile Application and for ensuring that all of such persons comply with all of the terms and conditions of this Agreement. Any violation of the terms and/or conditions of this Agreement by any such person nominated by you shall be deemed to be a violation thereof by you.
- On initiating an emergency the following information
- Emergency Health Record
- Contact Details (Phone No, Email Id, Address)
- Details of your Emergency Contacts and Care Givers
- Your Insurance Information
- Your health care providers
- Location of Emergency will be made available to
- Personnel from the emergency service providers preferred by you or such other emergency service provider that is in the vicinity and is selected to handle the emergency
- Thehospitalof your preference or any other hospital in the vicinity selected to handle the emergency
- The doctor of your preference or any other doctor from a hospitalin the vicinity selected to handle the emergency
- The nurses and support staff from the hospital of your preference or any other hospital in the vicinity to handle the emergency
- Your Emergency Contacts and Care Givers
- First Responders
to enable emergency services reaching you and also for the health care professionals to quickly diagnose and intervene in a timely fashion.
- By choosing “Willing To Donate Blood?” on the User profile, the users blood group will be available to all people who are on the user’s contact list provided the user clicks on the Sync button on the Bloody Friends menu.
- BLOODY FRIENDS NETWORK
This module has been made available to help users in an emergency to source blood from their own friends & family network. This gives the Users the comfort of getting the blood from a known source and thus reducing the perceived risks involved.
The User can maintain their blood group information in the User Profile. The user can provide their preferences interms of their willingness to donate blood and also pledge to donate their organs.
The User can create their own database of Blood Groups of all their family and friends network by
- Confirm their willingness to donate blood by choosing yes to “Willing To Donate Blood” field on the User profile.
- Clicking on the Sync Button on the Blood Friends Menu option. When the user clicks the Sync Button, the app uploads all the phone numbers and email ids from the phone contacts from the phone. The system then gets the blood group information of all his/her contacts provided that
- His/Her contact has chosen his willingness to donate blood
- Your contact number is on his/her contact list.
- He/She used the “Sync” button and uploaded his/her contacts data.
- He/She has provided the blood group information.
- REPORTING SAFETY HAZARD
This module has been made available to help Users report safety hazards in their surroundings and make their work and home environment free of safety hazards. The user can report the safety hazard by identifing the safety hazard type, location and image. CallAmbulance will collate the information and publish the same with relevant organisations in order to help fix these safety hazards. The data captured by you will be done in an anonymous fashion, CallAmbulance does not record your identification along with the safety hazard.
- STORAGE OF INFORMATION
The User acknowledges that by virtue of providing information and accessing the Website/ Mobile Applicationor any of the Call Ambulance Services from your mobile phone, certain personal or confidential data will be stored in your mobile phone and empowerM shall not be liable for any harm, loss or damage to the personal or confidential data resulting from theft of the mobile phone or loss of such confidential data stored on the mobile phone for any reason whatsoever.
- HOW TO USE THE MOBILE APPLICATION
- USE OF MOBILE APPLICATION IN AN EMERGENCY
- When having a medical emergency or when in physical distress the User or any other person on behalf of the user can request for Emergency Services by pressing the Emergency Button on the Mobile Application.
- On pressing the Emergency Button the Mobile Application prompts the User to indicate who the emergency service request is for, if the User does not respond within 10 seconds the Mobile Application assumes that the emergency is for the logged in User.
- After determining who the emergency is for, the Mobile Application prompts the User to select the type of “Emergency”, if the User does not respond within 10 seconds, the Mobile Application defaults the type of Emergency to “Other”.
- On determining the type of emergency the Mobile Application then identifies the current position of the User using gps from the User’s mobile phone, provided the same is available. Provided that the Mobile Applicable is able to identify the location of the User, the Mobile Application attempts to find and route a call to the a ambulance provider specified by the User, if any such preference is provided by the User or in the event the ambulance provider preferred by the User is not within a 5 Km radius from the site of the emergency, then the details of the User are routed to EMRI/108 via a phone call.
- Once the call is routed to the ambulance provider opted by the User or EMRI/108, as the case may be,the Mobile Application checks if the User is within a radius of 5km distance from the preferred hospital/health care provider selected by such User.
- If the User is within the 5km radius of his/her preferred hospital/health care provider, then the emergency gets assigned to such hospital/health care provider and the ambulance provider shall be intimated of the same. The Mobile Application sends out an sms to all the User’s emergency contacts, preferred doctors, preferred hospitals, to the ambulance provider servicing the emergency and to the hospital/health care provider servicing such emergency. This sms contains a URL which will give each of them access to the emergency tracker of the User which provides the User’s emergency health records, insurance information, the current location of User, all the emergency contact information of the User, the User’s doctors and hospitals, provided such information is logged in to the Mobile Application/ Website by the User.
- The User expressly agrees to the sharing of the aforesaid information by empowerM through the Website/Mobile Application and shall in no event claim that this is a violation of the right to privacy or breach of confidentiality or any other related right. The User has an option to revoke his/her emergency at any point of time. If the call does not go through, the User has an ability to redial or call 108 instead.
- While the ambulance driver will make the best effort to take you to your preferred hospital, his decision will be based on the time to take to the hospital, traffic conditions (reliance may be placed on google maps or any similar service that predicts the routes, provides maps or predicts traffic) and the patient’s condition.
- The Users agree that empowerM shall in no event be responsible for any act, decision or omission of the ambulance driver, first responder, ambulance service provider, doctor, hospital or any health care service provider.
- REQUIREMENTS FOR SMOOTH FUNCTIONING OF THE APPLICATION
Following are some of the factors that will aid in the Mobile Application performing as intended:
- Strong Mobile network signal available in the area. The Mobile Application will not function without this.
- Has enough battery for the Mobile Application to function. The Mobile Application will not be able to work without this
- GPS Location services always turned on. Sometimes GPS isn’t accurate. So the User will have to ensure that the GPS is showing the actual location of the User
- Prepaid balance available/postpaid connection active to make phone calls. The Mobile Application will not be able to work without this.
EmpowerM shall in no event be held responsible for unavailability of the Mobile Application due to failure or the mobile network signal, low battery, GPS functionality not functioning, non availability of credit balance on your phone to make phone calls or forany other reasons.
- USAGE RESTRICTIONS
- The User shall not host, display, upload, modify, publish, transmit, update or share any information that:
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, abusive, threatening, vulgar, invasive of another’s privacy, hateful, racially or ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
- harms minors in any way;
- infringes any patent, trademark, copyright or other intellectual property rights of any person;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonates another person;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- threatens the unity, integrity, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
- encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice;
- provides unauthorized access to other computer / network systems;
- interferes with any other person’s use or enjoyment of the Website;
- breaches any IP address;
- interferes or disrupts networks or websites connected to the Website; or
- makes, transmits or stores electronic copies of materials protected by copyright without the permission of the owner.
- You will not use any robot, spider, other automatic device, ‘bot’, or manual process to monitor or copy our web pages or the content contained herein without prior express written permission from empowerM.
- You will not use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of this site.
- You will take no action that imposes an unreasonable or disproportionately large load on our infrastructure
- SERVICE SPECIFIC TERMS
- The Users of the Website/ Mobile Application understand that empowerM aims to provide in a singleplatform certain information with respect to emergency/health care providers and aspects relating to the actual emergency/health care service may be beyond empowerM’s control and therefore, empowerM shall not be held liable for the same. Certain factors that are beyond the control of empowerM include (but are not limited) to the following:
- Healthcare provider systems are down
- Our SMS provider system is down
- Server Hosting provider is down
- Malfunctioning of systems
- Emergency/Healthcare provider refusing to service
- The User not located in our hospital network area. In this case the Mobile Application’s function will be limited to sending out details to your emergency contacts
- Ambulance or the First Responder not arriving on time
- Out of Serviceable Location – Outside of the Hospital network in Hyderabad, Telangana state when dialling 108
- The Hospital not having the necessary expertise to deal with your medical issue/emergency.
- The inefficiency of the doctor, support staff or the administrative staff of the Hospital etc.
- FIRST RESPONDER
- The concept of First Responders has been introduced through by empowerM to provide the benefit of first aid to Users prior to the arrival of professional medical assistance. It is hereby expressly disclosed that the persons who are qualified as “First Responders” are not professionally qualified doctors or health/emergency care specialists. They are non-medical persons who have volunteered for the service and have received a basic level of training in first aid. This training is provided by EMRI trainers or other hospitals that have collaborated with empowerM. It is a one of a kind service and it creates a moral responsibility on the people who sign up to respond to a call of emergency and provide basic first aid before the arrival of an ambulance or other health/emergency care professionals. Please note that there is no legal obligation on any person qualified as a “First Responder” to respond to or act upon a call for emergency received by them through the Website/Mobile Application and they receive no remuneration in respect of their service.
- USER ACKNOWLEDGES FIRST RESPONDER
The Users acknowledge and understand that the First Responders are not qualified medical professionals and they are volunteers who have received basic level of training in first aid. Each First Responder has received basic level skills through a 4 hour training to provide first aid in the following scenarios:
- To handle breathing difficulty
- To handle Chest Pain/Heart Attack, Low Blood Sugar, Brain Stroke, Fits/Convulsions,/Seizures.
- To handle Fainting, Cardiac Arrest and CPR, Bleeding and shock, Wounds/Fractures, Sprain
- To handle Head Injury, Back/Spinal Injuries, Burns/Electrocution, Heat Stroke, Near Drowning
- To handle Snake Bite/Insect Bites, Poisoning
- Usage of AED and performing CPR
- RESPONSIBILITY OF THE FIRST RESPONDER
Any User signing up as a First Responder with empowerM agrees to the following:
- You will first register as a User;
- You do not have any convictions or pending criminal cases against you. You will promptly notify Call Ambulance of any convictions or criminal cases and discontinue logging into the Mobile Application and responding as a First Responder;
- You will be courteous with the person in distress and make best attempts to help them;
- Your phone has enough prepaid balance/postpaid connection active to receive and send phone calls, sms;
- Your data connection, location services are always turned on;
- You have enough battery backup in your phone;
- You shall carry theFirst Responder identity, identity proof when addressing an emergency;
- You shall not reveal any health/personal information of any other User other than to authorised persons. You will liable for criminal action for any case of unauthorised disclosure.
- You do not currently have any communicable diseases. You will promptly notify empowerM if you contract any communicable disease and will discontinue logging as a First Responder in the Mobile Application till a qualified medical practitioner/doctor certifies that you are completely cured of the disease.
- ACKNOWLEDGEMENTS BY A USER WHEN RECEIVING HELP FROM FIRST RESPONDER
To receive or while receiving help from a First Responder, each User acknowledges and agrees to the following:
- NoUser cannot choose a First Responder based on caste, creed, gender, religion etc. The First Responder who first agrees to help will be catering to your need.
- You will be courteous to the First Responder and cooperate with his actions and instructions.
- You understand that this is a voluntary service and help is not guaranteed. Youwill not hold First Responder/empowerM liable for any delays, damages, complications, deterioration, side effects, which may occur
- You understand that a First Responder is not a qualified medical professional but has received only basic level training in first aid from EMRI 108/approved hospital.
- First Responder/empowerM is not responsible for theft of personal belongings
- The First Responder/Ambulance Driver may have to make certain decisions such as the health care service provider to be used, based on factors such as your location, nature of emergency, condition etc. You shall in no event hold the First Responder, Ambulance Driver or empowerM responsible for such decisions made by the First Responder or Ambulance Driver.
- We are working on creating a First Responder network to improve the outcomes of an emergency
- Providing first aid/basic life skills training to all citizens to ensure we make hyderabad the safest city in collaboration with our Partners like Sunshine Hospitals in
- Negotiating special deals and rates for our customers at our partner hospitals.
- To make our service sustainable we charge a small fixed processing fee of Rs 50 per emergency to our Ambulance Provider Partners and Rs 500 per emergency to our Hospital Partners
- RIGHTS TO EMPOWERM
- RIGHT TO SUSPEND USAGE
- EmpowerM at all times reserves the right to terminate or suspend your participation to the Call Ambulance Services, Website or the Mobile Application with or without cause.
- EmpowerM may modify, replace, refuse access to, suspend or discontinue Call Ambulance Services, Website or the Mobile Application, partially or entirely, or introduce, change and modify prices for all or part of the Website, Mobile Application or Call Ambulance Services for you or for all Users in empowerM’s sole discretion.
- EmpowerM reserves the right, in its sole discretion, to suspend or cancel any of the Call Ambulance Services at any time if a computer virus, bug, or other technical problem corrupts the security or proper administration of any Call Ambulance Service.
- We reserve the right to terminate your membership and deny you any of the services and products available on empowerM and refuse to provide you with access to the Website/ Mobile Application/ Call Ambulance Services or any other services provided by empowerM, if we discover that you are in breach of any of our terms and conditions or we have reasonable suspicion that you are a competitor of the Website or Mobile Application or associated with an entity providing services similar to those provided by empowerM or are helping a competitor of the Website, Mobile Application or empowerM by accessing the Website/ Mobile Application. Call Ambulance Services, Website and the Mobile Application shall not be available to persons whose membership has been suspended or terminated by empowerM for any reason whatsoever.
- THIRD PARTY LINKS AND CONTENT
EmpowerM disclaims all warranties or conditions, whether expressed or implied, (including without limitation implied, warranties or conditions of information and content).The User agree that he/she shall not hold empowerM liable for any damage, loss, injury, expense, claim suffered by him/her due to or in relation to his/her use of the Website/ Mobile Application or by his/her reliance on the information contained in the Website/Mobile Application.
The User agrees to defend, indemnify and hold harmless empowerM, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon his/her actions or inactions, which may result in any loss or liability to empowerM or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the breach or non-fulfillment of any of his/her obligations under this User Agreement or arising out of his/her violation of any applicable laws, regulations including but not limited to intellectual property rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.
- INTELLECTUAL PROPERTY RIGHTS
- EmpowerM and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, design, source code, content and other materials, which appear on the Website/ Mobile Application. Access to the Call Ambulance Services does not confer and shall not be considered as conferring upon anyone any license from empowerM under or to any third party’s intellectual property rights.
- All rights, including copyright, in Call Ambulance Services are owned by or licensed to empowerM. Any use of this Website/Mobile Application or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of empowerM.
- You shall not be authorized to share or copy UI, design, source code or any content or materials available on the Website/Mobile Application with any of our competitors. You may not modify, distribute or re-post anything on this Website/Mobile Application for any purpose.
- The Website/Mobile Application names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of empowerM. All other marks are the property of the respective subsidiary/ affiliate companies.
- No trademark or service mark license is granted in connection with the materials contained on this Website/ Mobile Application. Access to this Website/ Mobile Application does not authorize anyone to use any name, logo or mark in any manner.
- References on this Website/Mobile Application to any names, marks, products or services of third parties or hypertext links to third party websites or information are provided solely as a convenience to you and do not in any way constitute or imply empowerM endorsement, sponsorship or recommendation of the third party, information, product or service.
- All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Website (collectively, the “Contents”) are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Website/ Mobile Application for your personal use only.
- No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Content, the Website/ Mobile Application or any related software.
- All software used on this Website/ Mobile Application is the property of empowerM or its suppliers and protected by Indian and international copyright laws. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Content on this Website/ Mobile Application is strictly prohibited. Unless otherwise noted, all Content,and copyrights, trademarks and/or other intellectual property is owned, controlled or licensed by empowerM, one of its affiliates or by third parties who have licensed their materials to empowerM and are protected by Indian and international copyright laws.
The compilation (meaning the collection, arrangement, and assembly) of all Content on this Website/ Mobile Application is the exclusive property of empowerM and is also protected by Indian and international copyright laws. When providing us with content or posting content on our Website/ Mobile Application, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity, and database rights you have in the content, in any media known now or in the future.
- HELP AND ENQUIRIES
If you have any queries about this User Agreement or have any comments or complaints on or about the Website or the Mobile Application, please email us at email@example.com We reserve the right to change these terms and conditions from time to time without any obligation to inform you and it is your responsibility to look through them as often as possible.
- This User Agreement is effective unless and until terminated by either you or empowerM.
- You may terminate this User Agreement at any time by providing
[30 (thirty) days’] prior written notice by email to firstname.lastname@example.org informing us in writing that you no longer wish to be associated with this Website/Mobile Application, provided that you discontinue any further use of this Website/Mobile Application.EmpowerM may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Website/Mobile Application. Such termination will be without any liability to empowerM.
- Upon termination of the User Agreement by either you or empowerM, you must promptly destroy all materials downloaded or otherwise obtained from this Website/Mobile Application, as well as all copies of such materials, whether made under the User Agreement or otherwise. EmpowerM’s right to any Comments shall survive any termination of this User Agreement.
- Notwithstanding the termination of this Agreement, we reserve the right to (i) store and use any residual information or back up created by our internal server upon termination of this User Agreement, and (ii) retain information provided by you on a medical history form, whether such information was submitted by you directly to the Website/Mobile Application or to any healthcare professional or organization, through the Website/Mobile Application.
- The information on the Website and/or the Mobile Application is crowd sourced and comes from a variety of sources including but not limited to the Users and includes information that is subject to change without notice. EmpowerM does not guarantee and does not warrant that the information is accurate, complete, or current; or that your access will be uninterrupted; or that material accessible from this Website/Mobile Application is free of viruses or other harmful computer code. Some of the information displayed on these pages changes rapidly, sometimes every day, and sometimes from minute to minute. The accuracy and timelines of the data is therefore subject to delays in connectivity across the internet, your systems, and other facilities outside the control of empowerM. Therefore, you must independently verify the accuracy of any information presented on the Website/Mobile Application or which form a part of the Call Ambulance Services. You agree that you shall not hold empowerM liable or make any claims against empowerM for any incompleteness, inaccuracy, inconsistency of information provided in the Website/Mobile Application. EmpowerM encourages you to confirm the information made available or otherwise obtained through the Mobile Application /Website with professional medical practitioners before undertaking any treatment.
- All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to empowerM on the Website/Mobile Application or otherwise disclosed, submitted or offered in connection with your use of this Website (collectively, the “Comments”) shall be and remain the property of empowerM. Such disclosure, submission or offer of any Comments shall constitute an assignment to empowerM of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, we own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. We will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. empowerM is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments. You agree that any Comments submitted by you to the Website/Mobile Application will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Website/Mobile Application will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of ‘spam’. EmpowerM does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Website. You grant empowerM the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify empowerM and its affiliates for all claims, losses, expenses, litigation resulting from any Comments you submit. empowerM and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.
- The Contents and Comments on the Website/ Mobile Applicationis for informational and educational purposes only and are not a substitute for the professional judgment of a health/emergency care professional in diagnosing and treating patients. Persons accessing this information assume full responsibility for the use of the information and agree that empowerM is not responsible or liable for any claim, loss, or damage arising from the use of the information. EmpowerM does not recommend or endorse any specific drugs, tests, physicians, products, procedures, opinions, “off-label” drug uses or other information that may be mentioned on the Website/Mobile Application. Your reliance upon the Content obtained or used by you is solely at your own risk.
- You understand that by using this Website/Mobile Application or any services provided on the Website/Mobile Application, you may encounter Content / Comments that may be deemed by some to be offensive, indecent, or objectionable, which Content/ Comments may or may not be identified as such. You agree to use the Website/Mobile Application and any service at your sole risk and that to the fullest extent permitted under applicable law, we and our affiliates shall have no liability to you for Content/ Comments that may be deemed offensive, indecent, or objectionable to you.
- The User acknowledges and understands that empowerM does not have expertise of any manner in health care services or emergency response services, nor does it own any ambulances, health care centers or other emergency care facilities. The User has the responsibility to seek health and medical advice from a registered medical practitioner who has the necessary expertise. EmpowerM does not endorse any of the health care providers or their capability in treating emergencies, ambulance services, hospitals or any other emergency care facilities and the User is solely responsible for all their choices.
- EmpowerM does not guarantee a pick up by from a hospital/first responder/ambulance or the 108 service and this shall be subject to the availability of the ambulance service provider/ health care provider.
- When you visit the Website, download our Mobile Application or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Website or Mobile Application. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing and you consent to receiving emails, promotional newsletters, update notifications and such other communication from us.
- WEBSITE SECURITY
You are prohibited from violating or attempting to violate the security of the Website, including, without limitation.
- Accessing data not intended for you or logging onto a server or an account which you are not authorized to access;
- Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
- Attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, ‘flooding,’ ‘spamming’, ‘mail bombing’ or ‘crashing;’
- Sending unsolicited email, including promotions and/or advertising of products or services; or
- Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine]to interfere or attempt to interfere with the proper working of this Website/Mobile Application or any activity being conducted on this Website/Mobile Application. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Website other than the search engine and search agents available from empowerM on this Website and other than generally available third party web browsers (e.g., Safari, Google Chrome, Firefox, Netscape Navigator, Microsoft Internet Explorer).
- VALIDITY OF THE AGREEMENT
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and empowerM with respect to our Website/Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to our Website/Services. Our failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.