Smilo.ai (referred to as “we”, “us”, “Smilo.ai”) is the author and publisher of the internet resource www.smilo.ai and all its domains (together referred to as “Websites”) on the world wide web, other connected software and applications provided by Smilo.ai, including but not limited to the mobile applications (referred to as “App”, and together with Websites referred to as “Services”). Smilo.ai provides the Services in partnership with its agents, affiliates, associates, representatives or other third parties (together referred to as “Partners”) or independently.
1. NATURE AND APPLICABILITY OF TERM
The Agreement applies to you whether you are –
- A patient, his/her representatives/ attendant/ relative/ friend or affiliates (“you” or “User”); or
- A user of the Website or App (“you” or “User”).
- A third-party provider
This Agreement applies to all services made available by Smilo.ai on the Website or App.
The Services may change from time to time, at the sole discretion of Smilo.ai, and the Agreement will apply to your visit and use of the Website or App to avail the Service, as well as to all information provided by you on the Website or App at any given point in time.
This Agreement defines the terms and conditions under which you are allowed to use the Website and App and describes the manner in which we shall treat your account while you are registered as a member/user with us. If you have any questions about any part of the Agreement, contact us.
By downloading or accessing the App or Website to use the Services, you irrevocably accept all the terms and conditions stipulated in this Agreement and agree to fully abide by them.
This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you. By availing any Service, you signify your agreement and acceptance to this Agreement.
We reserve the right to modify or terminate any part of the Agreement for any reason at any time.
You should read the Agreement at regular intervals. Use of the App or Website following any such modification constitutes your agreement to follow and be bound by the Agreement so modified. Any additional terms and conditions, disclaimers, privacy policies and other policies applicable in general and/ or to specific areas of this Website or to particular Service are also considered as part of the Agreement.
You acknowledge that you will be bound by this Agreement for availing any of our Services offered by us. If you do not agree with any part of the Agreement, please do not use the Website or avail any Services.
Your access to use of the Website and the Services will be solely at the discretion of Smilo.ai. The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:
- the Indian Contract Act, 1872,
- the Indian Information Technology Act, 2000,
- TelemedicineAct,1997 and Telemedicine Practice Guidelines, and
- the rules, regulations, guidelines, and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IGRules”).
2.CONDITIONS OF USE
- You must be 18 years of age or older to register, avail Services, or visit or use the Website in any manner. By registering, visiting, and using the Website or accepting terms and conditions of the Agreement, you represent and warrant to Smilo.ai that you are 18 years of age or older, and that you have the right, authority and capacity to use the Website and Services available through the Website, and agree to and abide by this Agreement.
- In case, you are less than 18 years of age, a consent from guardian or parent must be provided.
3.END-USER ACCOUNT AND DATA PRIVACY
- Smilo.ai and its Partners may by the Services, collect information relating to the devices through which you access the Website, location from which you access and anonymous data of your usage. The collected information will be used only for improving the quality of the Services and to build new services.
- To ensure the continued improvement and reliability of the Technology, we use the Hotjar script to collect information, including:
- Usage of the product- Application Programming Interface (API) requests, responses, date, time & errors. This includes but is not limited to your actions, clicks, inputs, and any other interactions you make while using the product.
- Technology user activity and tap actions
- Smart device information, including but not limited to device manufacturer, model, Operating System type and version, time zone, device unique key and IP address); and User information such as first name, last name, email address and profile picture.
The purpose of recording these user interactions is to analyze and understand how users are using our product. This information will be used for research, product improvement, and enhancing the user experience. The recorded data may also be used for statistical analysis, trend identification, and troubleshooting purposes.
- The Website and App allows Smilo.ai and its Partners to have access to Users’ email or phone number, for the purpose of communication and analytics.
- The type of information collected from Users, including sensitive personal data or information.
- The purpose, means and modes of usage of such information;
- How and to whom Smilo.ai will disclose such information; and,
- Other information mandated by the SPI Rules.
- The personal health record facility is provided on a best-efforts as-is basis. While we strive to maintain the highest level of service availability, Smilo.ai or its Partners are not liable for any interruption that may be caused to your access to the Services.
- Any health-related reminder or notification service (like medication reminder, appointment reminder, etc.) that may form part of the Services is only a supplementary way of notifying or reminding you of actions to take related to your health. Smilo.ai is not liable if for any reason a reminder or notification is not delivered to you or is delivered late or delivered incorrectly, despite its best efforts, or if your health is impacted negatively because of the same.
- Smilo.ai uses industry–level security and encryption to your personal health record. However, Smilo.ai cannot guarantee prevention of any unauthorized access if you lose your login credentials or that is otherwise compromised.
- If you access your dependents’ record through your personal health record by registering your dependents with your own personal health record, you are deemed to be responsible for the records of your dependents and all obligations that your dependent’s would have, had they maintained their own separate individual personal health record.
- If you provide anyone else access to your personal health record, you are deemed to be responsible for all actions, access, and transaction that that person takes related to your personal health record either on their own or independently. Smilo.ai or its Partners are not responsible or liable for any action, transaction, loss, leakage, or any other liability arising out of this.
4.LISTING CONTENT AND DISSEMINATING INFORMATION
- The Services provided by Smilo.ai or any of its licensors or Partners are provided with no warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title, and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). Smilo.ai and its Partners do not provide or make any representation, warranty, or guarantee, express or implied about the Website, App or the Services. Smilo.ai and its Partners do not guarantee the accuracy or completeness of any content or information provided by Users on the Website. To the fullest extent permitted by law, Smilo.ai and its Partners disclaim all liability arising out of the User’s use or reliance upon the Website, App, the Services, representation, and warranties made by other Users, the content or information provided by the Users on the Website, or any opinion or suggestion given or expressed by Smilo.ai or its Partners or any User in relation to any User or services provided by such User.
- The Website or App may be linked to the website of third parties, affiliates, and business partners. Smilo.ai has no control over, and not liable or responsible for the content, accuracy, validity, reliability, quality of such websites or made available by/through our website or App. Inclusion of any link on the Website or App does not imply that Smilo.ai endorses the linked site. Users may use the links and these services at User’s own risk.
- Smilo.ai and its Partners assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the Website or App or the downloading of any material, data, text, images, video content, or audio content from the Website or App. If a User is dissatisfied with the Website or App, User’s can write his/her feedback to firstname.lastname@example.org.
- If Smilo.ai determines through feedback or otherwise that you have provided fraudulent, inaccurate, incomplete, or false information, Smilo.ai reserves the right to immediately suspend your access to the Website or App or any of your accounts with Smilo.ai and makes such declaration about suspension on the website alongside your name as determined by Smilo.ai for the protection of protecting its business and in the interests of Users. You shall be liable to indemnify Smilo.ai and its Partners for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected Smilo.ai, its Partners or its Users.
5.REVIEWS AND FEEDBACK
You are solely responsible for the content that you submit for publication on the Website, including any feedback, ratings, or reviews (“Critical Content”). The role of Smilo.ai in publishing Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. Smilo.ai disclaims all responsibility regarding the content of Critical Content, and its role with respect to such content is restricted to its obligations as an ‘intermediary’ under the said Act. Smilo.ai shall not be liable to pay any consideration to any User for re-publishing any content across any of its or its Partners platforms.
Your publication of reviews and feedback on the Website is governed by Clause 8 stated hereinafter. Without prejudice to the detailed terms stated in Clause 8, you hereby agree not to post or publish any content on the Website that (a) infringes any third-party intellectual property or publicity or privacy rights, or (b) violates any applicable law or regulation, including but not limited to the IG Rules and SPI Rules. Smilo.ai, at its sole discretion, may choose not to publish your reviews and feedback, if so, required by applicable law, and in accordance with Clause 5 of these Terms. You agree that Smilo.ai may contact you through telephone, email, SMS, or any other electronic means of communication for the purpose of:
- Obtaining feedback in relation to Website, App or Smilo.ai’s services; and/or
- Obtaining feedback in relation to any oral healthcare service providers on the Website or App; and/or
- Resolving any complaints, information, or queries by oral healthcare service providers regarding your Critical Content.
And you agree to provide your fullest co-operation further to such communication by Smilo.ai.
6.RIGHTS AND OBLIGATIONS RELATING TO CONTENT
- As mandated by Regulation 3(2) of the Information Governance (IG) Rules, Smilo.ai hereby informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update, or share any information that:
- belongs to another person and to which the User does not have any right to;
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
- harm minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonate 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, defense, 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.
- Users are also prohibited from:
- violating or attempting to violate the integrity or security of the Website, App or any Smilo.ai Content;
- transmitting any information (including job posts, messages and hyperlinks) on or through the Website or App that is disruptive or competitive or prejudicial to the provision of Services by Smilo.ai;
- intentionally submitting any incomplete, false or inaccurate information;
- making any unsolicited communications to other Users;
- using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website;
- attempting to decipher, decompile, disassemble or reverse engineer any part of the Website or App;
- copying or duplicating in any manner any of the Smilo.ai Content or other information available from the Website or App;
- Framing or hot linking or deep linking any Smilo.ai Content.
Smilo.ai or its Partners, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information (as mentioned above) generated by Users, or on being notified by the appropriate Government or its agency that the Website or App is being used by the User to commit any unlawful act and/or is being used in violation of Clauses 8.a and 8.b above, shall be entitled to remove or disable access to the material or contravenes of Clause 10. Smilo.ai is entitled to act, as required by the IG Rules, within thirty-six hours of obtaining such knowledge and, where applicable, work with Users to disable such information that is in contravention of applicable law. Smilo.ai shall also be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.
7.CONDITIONS FOR A THIRD-PARTY PROVIDER
- The terms and conditions apply to all healthcare professionals include individual professional or an organization including authorized associates of such practitioners or institutions who want to register themselves as Practitioner on the healthcare website and also govern the provision of access to practitioner on the website or any other practitioner services provided through the healthcare website.
- If you are a member of the Workforce (interns, employees, agents, independent contractors employed or hired by you) of the Practitioner that has listed themselves on the website to provide Practitioner Services, and the Listed Practitioner has authorized you, explicitly or implicitly, to use the Practitioner Services or any other service, terms and conditions to the Agreement is a three-way agreement between you, the Practitioner and the Company. Both the Practitioner and the Company may seek recourse against you for any violation of the terms of the Agreement.
- By accepting or clicking the tab/button “I agree” at the time of registration or by mere use of the Practitioner Services provided by the Company through the website, the Practitioner shall be and be deemed to be bound by the terms and conditions of the Agreement, and to have read and understood and unconditionally accepted the Agreement in its entirety for availing the use of the Practitioner Services provided on or through the website.
- You also represent and warrant that you are not a person barred from receiving the Practitioner Services under the laws of India.
- You also undertake to inform us of any pending or decided cases/complaints against you in India/abroad for medical negligence and/or medical offences.
- You represent and warrant that you are qualified to provide oral healthcare services within the territory of India.
- You represent and warrant that you have obtained all licenses as required by law to provide oral healthcare services and have not committed any act or omission that might prejudice its continuance or renewal.
- You warrant and agree that any material provided by you will not infringe any intellectual property or any other right of any third person, and will not be in contravention of any other applicable laws.
- You shall be solely liable for your dealings and interaction with patient or User, his/her representatives or affiliates AND hereby understand and agree that the relationship between you and the User or patient, shall be independently governed as per the Applicable Laws.
- You hereby agree and undertake that you will not or attempt to:
a.impersonate any other Practitioner, person, or entity;
b.misrepresent your affiliation with the Company;
c.use the website or Services to violate any local, state, national or international law;
d.use abusive or derogatory language while communicating with the patients and Users;
e.transfer, assign or sublicense their Practitioner Account or right to use the Practitioner Services to any third party;
f.use the Practitioner Services provided by the Company for any unauthorized and unlawful purpose; and
g.Engage in any activity that interferes with or disrupts the Practitioner Services, Site or System.
The Service is provided in order to facilitate access to avail and pay for the services offered online. Smilo.ai or the Payment Service Provider(s) do not make any representation of any kind, express or implied, as to the operation of the Payment Gateway other than what is specified on the Website for this purpose. By accepting/ agreeing to these Terms and Conditions, the User expressly agrees that his/ her use of the aforesaid online payment Service is entirely at own risk and responsibility of the User.
Payment terms – The following is a summary of the key payment terms of the service.
Payment(s) through this Service may only be made with a Credit Card, Debit card, Net Banking, or any other mode of online payment.
- Before using this Service, it is recommended that the user shall make necessary enquiry about the charges or fees payable against Credit Card, Debit card, Net Banking or any other mode of online payment from their service provider i.e., the respective Bank[s]/service provider[s].
- The credit card/ Debit card or any other mode of online payment information supplied at the time of using the service is processed by the payment gateway of the service provider and is not supplied to SMILO.AI. It is the sole responsibility of the User of the service to ensure that the information entered in the relevant fields is correct.
- The User agrees, understands, and confirms that his/ her personal data including without limitation details relating to debit card/ credit card/net banking/ any other online payment transmitted over the Internet may be susceptible to misuse, hacking, theft and/ or fraud and that SMILO.AI or the Payment Service Provider(s) have no control over such matters.
- The service is provided using a payment gateway service provider through a secure website. However, neither the payment gateway service provider nor the SMILO.AI gives any assurance, that the information provided online by a User is secured or may be read or intercepted bya third party. SMILO.AI does not accept or assume any liability in the event of such unauthorized interception, hacking or other unauthorized access to information provided by a user of the service.
- SMILO.AI and/or the Payment Service Providers shall not be liable for any inaccuracy, error or delay in, or omission of (a) any data, information or message, or (b) the transmission or delivery of any such data, information or message; or (c) any loss or damage arising from or occasioned by any such inaccuracy, error, delay or omission, non-performance or interruption in any such data, information or message. Under no circumstances shall the SMILO.AI and/or the Payment Service Providers, its employees, directors, and its third party agents involved in processing, delivering or managing the Services, be liable for any direct, indirect, incidental, special or consequential damages, or any damages whatsoever, including punitive or exemplary arising out of or in any way connected with the provision of or any inadequacy or deficiency in the provision of the Services or resulting from unauthorized access or alteration of transmissions of data or arising from suspension or termination of the Service.
- The User agrees that SMILO.AI or any of its employees will not be held liable by the User for any loss or damages arising from your use of, or reliance upon the information contained on the Website, or any failure to comply with these Terms and Conditions where such failure is due to circumstance beyond SMILO.AI’s reasonable control.
- Debit/Credit Card, Bank Account Details
- The Applicant agrees that the debit/credit card details provided by him/ her for use of the aforesaid Service(s) must be correct and accurate and that the User shall not use a Debit/ credit card, that is not lawfully owned by him/ her or the use of which is not authorized by the lawful owner thereof. The Applicant further agrees and undertakes to Provide correct and valid debit/credit card details or any other means of online payment details.
- The Applicant may pay his/ her Consultation or any other Healthcare Service incidental Fees/Charges to SMILO.AI by using a debit/credit card or through online banking account/ E- Wallets. The User warrants, agrees and confirms that when he/ she initiates a payment transaction and/or issues an online payment instruction and provides his/ her card / bank details:
- The User is fully and lawfully entitled to use such credit / debit card, bank account for such transactions;
- The User is responsible to ensure that the card/ bank account details provided by him/ her are accurate;
- The User authorizes debit of the nominated card or E- wallet/ bank account for the Payment of fees selected by such Applicant along with the applicable Fees.
- The User is responsible to ensure that sufficient credit is available on the nominated card/ bank account at the time of making the payment to permit the Payment of the dues payable or fees dues selected by the User inclusive of the applicable Fee/Charges.
- Cancellation and Refund Policy
The cancellation and refund policy is not applicable to once the payment is made through mobile app and website for booking services.
11. INTELLECTUAL PROPERTY RIGHTS
The contents of the Website and App are protected by intellectual property laws of India including without limitation to trademark and copyright laws. Reproduction, retransmission, public and/or commercial use of any or all the material on the Website and App are prohibited. The logos, service marks and trademarks (“IP Marks“) displayed on the Website or App are the property of Smilo.ai or its Partners or has been licensed to Smilo.ai or its Partners by the relevant owners for use. The User may use this material only as expressly authorized by Smilo.ai or its Partners and shall not copy, transmit or create derivative works of such material without express authorization from Smilo.ai or its Partners.
The User acknowledges and agrees that they shall not upload post, reproduce, or distribute any content on or through the Website or App that is protected by copyright or other proprietary right of a third party, without obtaining the permission of the owner of such right. Any copyrighted or other proprietary content distributed on or through the Website or App with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the User to personal liability or criminal prosecution. Nothing on the Website or App should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any trademarks without written permission from Smilo.ai.
Smilo.ai reserves the right to suspend or terminate a User’s access to the Website and the Services with or without notice and to exercise any other remedy available under law where:
- A third-party reports violation of any of its right as a result of your use of the Services;
- Smilo.ai is unable to verify or authenticate any information provide to Smilo.ai by a User;
- Smilo.ai has reasonable grounds for suspecting any illegal, fraudulent, or abusive activity on part of such User; or
- Smilo.ai believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for Smilo.ai or its Partners or are contrary to the interests of the Website.
Once temporarily suspended, indefinitely suspended, or terminated, the User may not continue to use the Website under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files, and other material kept on the Website by such User. The User shall ensure that he/she/it has continuous backup of any oral healthcare services the User has rendered in order to comply with the User’s record keeping process and practices.
13.DISCLAIMER OF WARRANTIES
- All information available on the Website or App, (the “Information”) is provided on the condition that the User will make independent determination in respect of its accuracy, completeness or usefulness suitability prior to use or making any decision for any loss or damage in reliance hereof. Smilo.ai and its Partners will not be responsible for the same. Further Smilo.ai and its Partners will not be responsible or liable in any manner for any data added, provided, stored, or managed by the User including all personally identifiable information.
- The Information does not constitute an invitation or recommendation to take oral healthcare services from Smilo.ai or its Partners nor is such Information a substitute for professional advice or solicitation regarding oral healthcare services/ products or recommendation thereof. Smilo.ai urges the Users to seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other Information.
- All information on the Website is provided to you “as is” without warranty of any kind either express or implied including, but not limited to implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security, or accuracy. In no event shall Smilo.ai or its Partners be liable for any special, direct, indirect, or consequential damages or any damages whatsoever resulting from loss, whether in an action of contract, negligence or other tortuous action, arising out of or in connection with the use or performance of information. All information available on a hyper-link site and any third party is subject to the terms and conditions of the legal notices contained therein.
User agrees to indemnify and hold harmless Smilo.ai, its affiliates, officers, directors, employees, consultants, licensors, agents, representatives and Partners from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from User’s access to or use of Service, violation of this Agreement, or infringement, or infringement by any other User of his/her/its account, of any intellectual property or other right of any person or entity. Smilo.ai will notify you promptly of any such claim, loss, liability, or demand, and in addition to your foregoing obligations, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
15.APPLICABLE LAW AND DISPUTE SETTLEMENT
- You agree that this Agreement and any contractual obligation between the Company and User will be governed by the laws of India. You agree that laws of India will govern this agreement and any contractual obligation between the company and the user.
- Subject to the above Paragraph above, the courts at Delhi shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the Website or the Services or the information to which it gives access.
16.CLINICAL DATA ANALYSIS DISCLOSURE
Clinical studies in humans must comply with ethical principles, which protect the safety and well- being of the study participants. Providing access to information about clinical research studies and their results benefits study participants, patients, healthcare providers and the wider public. This information helps people make informed decisions about potential treatment options as well as potential participation in clinical studies. Smilo.ai may use Individuals Personal Information is (a) to be disclosed to a third party, or (b) to be used for clinical data analysis which can help health care service provider in doing his health care consultation for better outcomes. Smilo.ai would get into a separate agreement with the individual who has shown their consent for the trials. Smilo.ai will not process Sensitive Personal Information about Individuals for purposes other than those for which the information was originally obtained or subsequently authorized by the Individual unless the Individual explicitly consents to the processing or as required or permitted, or where not prohibited by law or regulation.
All data provided is secured with respect to the privacy of patients who have participated in the trials in line with applicable laws and regulations.
Any dispute, claim or controversy arising out of or relating to this policy or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this policy to arbitrate, shall be determined by arbitration in [Delhi jurisdiction] before [one/three] arbitrator(s). The arbitration shall be administered by Smilo.ai pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules or pursuant to Smilo.ai’s Streamlined Arbitration Rules and Procedures. The arbitrators will be selected with the consent of both the parties and the award arising of the arbitration shall be binding on both the parties. This clause shall not prevent parties from seeking provisional remedies in aid of arbitration from a court of jurisdiction.
18.ARTIFICIAL INTELLIGENCE DISCLOSURE
Smilo.ai uses data for Artificial Intelligence and Machine learning algorithm to help patient and user to understand their comorbidities. Oral images of patient collected through the digital platform may be used for understanding and making improvements in Artificial Intelligence and Machine learning algorithm
If any provision of the Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the rest of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.
No provision of this Agreement shall be deemed to be waived and no breach excused unless such waiver or consent shall be in writing and signed by Smilo.ai. Any consent by Smilo.ai to, or a waiver by Smilo.ai of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
If you do not agree please do not use or access the website/app. This policy must be read in connection with terms and conditions. The words “you” or “your” or “User” or “Customer” as used herein, refer to all individuals and/or entities accessing or using the Website/App for any reason. The words “we” or “us” or “our” or the “Company” as used herein, refer to the Smilo.ai International and/or Smilo.ai or any permitted assignees.
22.YOUR PRIVACY – OUR COMMITMENT
We are extremely proud of our commitment to protect your privacy. We value your trust in us. We will work hard to earn your confidence so that you can enthusiastically use our services and recommend us to friends and family. Please read the following policy to understand how your Personal Information will be treated as you make full use of our Website/App.
(v) health history (vi) family health history (the amount of information you choose to keep confidential is entirely up to your discretion; you may enter as much or as little information as you choose, except for the information which is mandatorily required). The information essentially required for conducting the oral health examination may be gathered at the time when the patient gets registered at any authorized center of the company for which the patients confidentially access their reports (password protected) online on the official Website/App of the company.
23.INFORMATION WE COLLECT
When you use our Website/App, we collect and store your Personal Information. Our primary goal in doing so is to provide a safe, efficient and customized experience to our Users. This allows us to provide services and features that most likely meet your needs, and to customize our Website/App to make your experience safer and easier. Importantly, we only collect Personal Information about you that we consider necessary for achieving this purpose.
In general, you can browse the Website/App without telling us who you are or revealing any personal information about yourself. To fully use our Website/App, you will need to register using our online registration form, where you may be required to provide us with your contact and identity information and other Personal Information as indicated on the forms throughout the Website/App and complete the Registration Process. Once you give us your Personal Information, and initiate Registration Process, you are not anonymous to us. Where possible, we indicate which fields are mandatorily required and which fields are optional. You always have the option to not provide information by choosing not to use a particular service or feature on the Website/App, unless we require it so.
We may automatically track certain information about you based upon your behavior on our Website/App. You agree that we may use such information to do internal research on our Users’ demographics and health history to better understand, protect and serve our Users. This information is compiled and analyzed on an aggregated basis. This information may include, but not limited to, the URL that you just came from (whether this URL is on our site or not), which URL you next go to (whether this URL is on our Website/App or not), your computer browser information, and your Internet Protocol (“IP”) address.
You agree, if you send us personal correspondence in any electronic form, such as emails, letters, etc. or if other users or third parties send us correspondence about your activities or postings on the Website/App, we may collect and/or store such information.
You agree that we may collect IP address from all visitors to the Website/App, like most Website/Apps. An IP address is a number that is automatically assigned to your computer when you use the Internet & the payment details data fetch & identity data (Aadhaar, pan card). We use IP addresses and user information to help diagnose problems with our server, administer our Website/App, analyses trends, track users’ movement, gather broad demographic information for aggregate use in order for us to improve the Website/App, and deliver customized, personalized content.
24.USE OF YOUR PERSONAL INFORMATION
25.DISCLOSURE OF YOUR PERSONAL INFORMATION AND TELEMEDICINE REGULATIONS
- To provide the Personal Information to authorized health care providers who need to access your report for your proper diagnosis and treatment;
- To insurance companies, authorized health care providers or third parties with our billing department for payment purpose;
- To support our health care operations, such as performing quality checks on your testing, for teaching purposes, or for developing normal reference ranges for the tests we perform;
- To respond to summons, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims;
- To health department or any other Government body as and when required by them for collecting or processing health information of the state/country; From time to time, to reveal general statistical information about our Website/App and visitors, such as number of visitors, number and type of services purchased, etc;
- Use of Information About You We use information we collect from you for the following purpose:
- Provide, maintain, and improve the Service which includes sharing of your information with Provider(s) that you have authorized for us to share with;
- Verify your identity upon your request in connection with your use of the Service;
- Help protect the safety of our users, which includes blocking suspected spammers, addressing abuse, and enforcing the Terms and Conditions;
- Send you technical notices, updates, security alerts, invoices and other support and administrative messages;
- Delivering customer service;
- To the extent permitted by applicable law, communicate with you about products, services, offers, promotions, and events, and provide other news and information we believe will be of interest to you (for information about how to opt out of these communications, please contact us;
- Monitor and analyze trends, usage, and activities in connection with the Service for purpose of monitoring and improving the Service;
We may collect information for other purpose that may be notified to you from time to time. Further, you agree that we may share your Personal Information with the following categories of activities with from time-to-time:
2) Other Corporate Entities
The Company shares much of the data, including Personal Information about you, with its parent, affiliates, subsidiaries, and joint ventures that are committed to serving your online needs and related services, throughout the world. To the extent that these entities have access to your Personal Information, they will treat it at least as protectively as they treat information they obtain from their other users. The Company’s parent, affiliates, subsidiaries, and joint ventures follow privacy practices no less protective of all users than our practices described in this document, to the extent allowed by applicable law. The Company, its parent, affiliates, subsidiaries, its joint ventures, or any combination of such, will share some or all of your Personal Information with another business entity should we plan to, merge with, or be acquired by that business entity.
3) Posting to public areas of the Website/App
Please remember that if you post any of your Personal Information in public areas of the Website/App such as in online forums or chat rooms, or in the Website/App’s searchable database, such information may be collected and used by others over whom we have no control. We are not responsible for the use made by third parties of information you post or otherwise make available in public areas of Website/App.
4) Access or change your Personal Information
You may review, correct, update or change your account information at any time. To protect your privacy and security, we will verify your identity before granting access or making changes to your Personal Information. If you have registered your profile on the Website/App, your ID and Password are required in order to access your Account.
5) Other Website/Apps
Our Website/App may contain links to other Website/Apps. Please note that when you click on one of these links, you are entering another Website/App over which the Website/App has no control and will bear no responsibility. Often these Website/Apps require you to enter your Personal Information. We encourage you to read the privacy statements on all such Website/Apps as their policies may differ from ours. You agree that we shall not be liable for any breach of your privacy of Personal Information or loss incurred by your use of these Website/Apps.
7) Non-Identifiable Health Information
Anonymous data or non-identifiable data means data that is not associated with or linked to any individual’s personal information or will not easily permit the identification of individuals (“Anonymous Data”). We may generate Anonymous Data from personal information collected through the Website, Mobile Application, apps and the Service by removing information that makes the data personally non-identifiable to an individual. We may use or share with third party this Anonymous Data for any reasonable purpose to the extent not prohibited by applicable laws.
8) Data Processors in Other Countries
We may engage third parties to perform certain services on our behalf to provide the Service. These third parties may store, process and transfer personal information on servers located outside of your countries of residence in jurisdictions whose data protection laws may differ from those of your countries of residence. The applicable laws of these jurisdictions where the servers are located may not offer the same level of data privacy protection as in your home countries; we take reasonable measures to provide an appropriate level of data privacy protection. For example, we use contractual clauses, data transfer agreements, and other measures designed to require the recipients of your personal information to protect the data.
The Company does not access, store or keep credit card data. All transactions will occur using Secure Server Software (SSL) through third party gateways and the Company plays no role in the transaction, except for directing the customers to gateways or relevant webpage. Accordingly, the Company shall not be responsible or liable for any loss or damage due to any disclosure financial transaction. The Company shall not be liable for any loss or damage sustained by reason of any disclosure (inadvertent or otherwise) of any transaction from the User’s account and / or information relating to or regarding online transactions using credit cards / debit cards / cash cards and/or any other payment transfer means and method and / or their verification process and particulars nor for any error, omission or inaccuracy with respect to any information so disclosed and used.
10) Retention of data and right to erasure
Request erasure of your personally identifiable information – To the extent permitted by applicable law, you may request us to have your personal information deleted. We may not be able to comply with your request of erasure; and in such events, we will inform you of the reason(s) that we are not able to comply with your request. We may terminate your account under the Service without any liability in the event of data erasure at your request.
The Website and Mobile Application (or any other mode through which the Service is delivered) is not directed at minor under 18 years of age. We do not knowingly collect or use information from minor without supervision and consent from his or her parent or legal guardian.
We maintain reasonable technical, physical, procedural and technical safeguards to protect your personal information against loss, misuse, theft, and unauthorized access. However, it would not be possible to fully guarantee security or that loss, misuse or alteration to data hosted by or on, or accessed by or through, the Website or Mobile Application will not occur. Your personal information may also be stored by third parties, via cloud services or other technology, to whom we have contracted, where we are satisfied that they have in place adequate physical, procedural and technical safeguards to protect data stored with them. Breach notification- In the event that we become aware of any security breach which we believe has resulted or may result in the unauthorized access, use or disclosure to non-public personal information, we will promptly investigate the matter and notify you of such breach and the remedial steps that we are taking. We take reasonable steps to verify your identity before granting you access to your account under the Service through the Website or through the Mobile Application, however, you are solely responsible for maintaining the secrecy of your username, password and any other account information. Where you entrust another person with your user name and password to the Service, you will be solely responsible for all activities by such person resulting from sharing or not maintaining the confidentiality of your user name or password.
29.CONTACTING THE WEBSITE/APP
30.ADVERTISEMENTS, SEARCHES AND LINKS TO OTHER WEBSITE/APPS
Smilo.ai Website/App may from time to time provide links and pointers to Internet Website/Apps of third parties (“Third-Party Website/Apps”). These links and pointers to Third-Party Website/Apps are provided as a convenience only. Smilo.ai has not reviewed, and does not operate or control in any respect, any information, products, or services available on Third-Party Website/Apps, and Smilo.ai is not responsible for any information provided at any Third-Party Website/Apps. Smilo.ai makes no representations and provides no warranties whatsoever concerning Third-Party Website/Apps. The fact that Smilo.ai has provided a link to any Third-Party Website/App on this Website/App does not constitute an endorsement, authorization, sponsorship, or affiliation by Smilo.ai with respect to such Third-Party Website/App or its owners or providers, or any products or services mentioned or offered at the Third-Party Website/App. Smilo.ai expressly disclaims any responsibility for the content, the accuracy of the information, and/or quality of products or services provided by, advertised on, or sold through, all Third-Party Website/Apps. Further, Smilo.ai disclaims any responsibility for the privacy or security of any information exchanged in conjunction with the use of any Third-Party Website/App.
31.DISCLAIMER OF WARRANTIES
All materials, information, software, products, and services included or available through this site (the “content”) are provided “as is” and “as available” for your use. The content is provided without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Smilo.ai, its subsidiaries, and its licensors donot warrant that the content is accurate, reliable or correct; that this site will be available at any particular time or location; that any defects or errors will be corrected; or that the content is free of viruses or other harmful components. Youruse of this site is solely at your risk. Because some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to you.
32.LIMITATION OF LIABILITY
Under no circumstances shall smilo.ai, its subsidiaries, or its licensors be held liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use of, or inability to use, this site. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if smilo.ai has been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, smilo.ai’s liability in such jurisdictions shall be limited to the extent permitted by law.
Upon a request by Smilo.ai, you agree to defend, indemnify, and hold harmless, SMILO.AI and its subsidiary and other affiliated companies, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this website/App. Smilo.ai reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Smilo.ai in asserting any available defenses.
Statements made in Websites/App, newsgroups, message boards, e-mail, forums, conferences and chats reflect only the views of their authors. Forum managers, forum hosts, or Merchants appearing on Smilo.ai are not authorized spokespersons, and their views do not necessarily reflect those of Smilo.ai.
35.LICENSES AND IDEA SUBMISSIONS
You agree to grant to Smilo.ai a non-exclusive, worldwide, royalty-free, perpetual license, with the right to sublicense, reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products or services) you submit to public areas of Smilo.ai (such as forums and chat rooms) by all means and in any media now known or hereafter developed. You hereby waive your moral rights in any such materials and information, and you hereby warrant that any such materials and information are original with you, or that you have the right to submit such materials and information. You agree that you shall have no recourse against Smilo.ai for any alleged or actual infringement or misappropriation of any proprietary right in your communication to us.
36.THIRD PARTY RIGHTS
The provisions of the Sections entitled Health Information Disclaimer, Disclaimer of Warranties, Limitation of Liability and Indemnification are for the benefit of Smilo.ai and its officers, directors, employees, agents, licensors, suppliers, and information providers. Each of these individuals orentities shall have the right to assert and enforce those provisions directly against you on its own behalf.
Smilo.ai makes no representation that materials on this Website/App are appropriate or available for use in locations outside India and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Website/App from other locations do so on their own initiative and are responsible for compliance with local laws.
By this Agreement, Smilo.ai grants, subject to the terms of this Agreement, only a limited, non- transferable and non-exclusive license to use the software and documentation necessary to access, explore and otherwise use Smilo.ai in real time and to use the materials on this Website/App in a manner consistent with this Agreement.
39.CHOICE OF LAW AND FORUM
40.SEVERABILITY AND INTEGRATION
41.NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEBSITE.
Any software that is made available to download from this website (“Software”) is the copyrighted work of Smilo.ai and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the terms of the License Agreement. The Software is made available for downloading solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited.
42.NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS WEBSITE
In no event shall smilo.ai and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of software, documents, provision of or failure to provide services, or information available from this server.
In addition to information collected by technology, some parts of our Website/App may ask you to provide personal information. You will know when you are sharing personal information with us because you will need to send a message, fill out a form or application or answer questions, upload pictures and then agree to provide this information to us. If you choose to share personal information with us, we will use the information only for the purposes you have authorized. Our Website/App uses online surveys to ask you for information and/or forms for you to request information, products, and services. These online surveys or forms may ask you to provide personal information like contact information (like home or email addresses or phone numbers), health Information (like health history, previous prescriptions, health issues), unique identifiers (like PAN card/Aadhar card or others), and financial information (like account or credit card numbers). Contact information from these forms is used to respond to requests for information, send orders to you, or to contact you when necessary or requested. You may opt-out of receiving future mailings. Financial information that is collected is used to bill you for products and services you have requested. Unique identifiers (such as PAN card/Aadhar card) are collected from Web Website/App visitors to verify your identity and for use as account numbers in our record system. Some of the information we collect or that you provide may be saved for a designated or indefinite period of time, but we will not disclose the information to third parties or government agencies, unless required to do so by law. In no event shall smilo.ai and/or its respective suppliers/healthcare providers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of user information (personal & medical), negligence or other tortious action, arising out of or in connection with the loss off user information, provision of or failure to provide services, or information available from this website/app.
41. RULES OF USE
By posting information on or through this website/App, you agree that you will not upload, post, or otherwise distribute or facilitate distribution of any content including text, communications, software, images, sounds, data, or other information that:
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including, but not limited to, sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates Smilo.ai ’s rules or policies;
- Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
- Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
- Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
- Impersonates any person or entity, including any employee or representative of Smilo.ai. You also agree that you will not harvest or collect information about the users or members of this Site or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic e-mail or communication.
- Smilo.ai generally does not pre-screen, monitor, or edit the content posted by users on or through this Website/App. However, Smilo.ai and its agents have the right, at their sole discretion, to remove any content that, in Smilo.ai ‘s judgment, does not comply with the Rules of User Conductor is otherwise harmful, objectionable, or inaccurate. Smilo.ai is not responsible for any failure or delay in removing such content.