Terms and Conditions
Last updated: 29th May, 2023
Please read these terms and conditions carefully before using Our Service.
Scan Help Technologies Private Limited (“we” or “Our”) is the author, publisher and owner of the Brand SurakshaQR and its internet resource at www.surakshaqr.com, with any subdomain thereof, mobile/tablet/console applications or other present or future electronic modes (“Portal”).
A. Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
2. For the purposes of these Terms and Conditions:
a. “Affiliate” means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
b. Country/Region refers to: India
c. Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Scan Help Technologies Private Limited, owner of Brand SurakshaQR
d. Device means any device that can access the Service such as a computer, a smart phone/mobile phone or a digital tablet.
e. Service refers to the products and services from SurakshaQR. The details of the same are mentioned in the website.
f. Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
g. Third-party Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
h. Website refers to SurakshaQR, accessible from www.surakshaqr.com
i. You mean the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
1. These are the Terms and Conditions governing the use of the Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
2. Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
3. By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
4. You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
C. Medical records and information
1. You are aware that You may use this Service to manage all medical cases, appointments, and other medical records and map a digital overview of Your medical journey. You agree that usage of this Service, Portal may receive Your medical records including Your diagnostic & other lab reports and doctor prescriptions from both Third Party Service Providers and/or directly from You.
2. The accuracy, integrity and the completeness of the information provided in the Portal depend on the information provided by User or the User authorised Third Party Service Provider. Portal is merely facilitator communicating or storing information and does not in any manner alter the information uploaded on it. We shall in no event be liable for any losses or injuries suffered by User or arising out of any actions or omissions made or any other person including a Third Party Service Provider relying on the information provided in the Portal.
3.Upon receipt of a request for change in personal information submitted along with requisite supporting documents, Your account shall remain temporarily suspended for not more than 3 working days, until the said information is verified by us and approved by us. During the suspended period, all services including emergency services shall not be accessible by You.
D. Links to Other Websites
1. Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
2. The Company has no control over, and assumes no responsibility or liability for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
3. We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
E. CONSULTATION SERVICES
1. The Portal facilitates video/tele/e-consultation services by providing User access to and enabling interaction with Medical Experts. The tele/e-consultation services shall get activated within 24 hours. We inform you that subsequent to registration, for the purpose of availing tele-consultation services and pharmacy services and pharmacy services, You shall be redirected to download and register on the “Visit App” which is a connected app of Suraksha QR for rendering the said services. You shall receive the same benefits as offered to You through the Suraksha QR App as a user.
2. While We take reasonable efforts to ensure that relevant information of Medical Experts such as their specialisation, qualification, area of practice, experience, fees, location, visiting hours, etc. provided under the Consultation Service is accurate and updated at frequent intervals, we shall not be liable for any inaccuracies or incompleteness of such information or any direct or indirect losses or injuries caused on account of such inaccuracies or incompleteness.
3. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work/advice or expertise of the Medical Experts providing Consultation Services and shall in no event be liable for any claims pertaining to malpractice, negligence, deficiency of services on the part of the Medical Expert.
4. The Consultation Service is provided for medical ailments, disorder, diseases etc. which do not require any physical intervention of a Medical Expert or which do not constitute a medical emergency such as accidents, bleeding injuries, burns, sexual abuse/assault etc. In case You required the physical attention or care of a Medical Expert or are suffering a medical emergency, You are urged not to use the Consultation Services. The use of the Consultation Services shall be at Your own judgement and perception, we shall not be, directly or indirectly, liable for any lapse in Your judgement/ negligence which may result in any injury or loss, nor shall we be liable for the use of the Consultation Services in contravention of the terms mentioned in this Agreement.
5. Consultation Service is provided at the express consent by the User and the same shall not be construed as a replacement for physical consultation and are meant for general consultation only.
6. If on availing of Consultation Service on Portal, User has been recommended to undergo any diagnostic tests or is issued a Prescription, the same are provided based on the information and preliminary examination, hence, the same shall not be treated as accurate, final and conclusive.
7. Any prescriptions made by the Medical Expert basis the Consultation Services shall be at sole discretion of the Medical Expert and such Medical Expert shall be solely responsible for making such prescription. Company does not endorse any prescription nor does it deal in medical drugs. The use of any medical drugs prescribed by the Medical Expert during the Consultation Service may be taken at the User’s own discretion and sole responsibility.
8. By availing Consultation Services, User provides its consent to the Company for recoding, saving and storing for record purposes all such Consultation Services availed through the Portal by User in the event such records are required to be produced as evidence on the direction of a court of law. Company may review such data from time to time for quality evaluation purposes.
F. Pulse Rate Detection
1. Pulse rate detection feature as available on the Portal provides an indicative measure of an individual’s pulse rate and shall not be intended to be used as a substitute for a medical-grade device. Consult your doctor or other certified medical practitioner in case of first aid, medical emergency, heart attack, or cardiac event.
2. Users are advised to exert extreme caution in the interpretation of the estimated pulse rate and are advised to consult a doctor or other certified medical practitioner to correlate it with the clinical condition.
3. Pulse rate detection feature does not detect blood pressure and oxygen saturation level.
4. Pulse rate detection feature is not intended for measuring baby heart rate.
5. Pulse rate detection feature uses a camera flash which can get hot, users are advised to remove their finger if it gets uncomfortable
G. USER GUIDELINES
2. You shall, directly or indirectly through third parties, not: (a) make and/or distribute copies of the Portal; (b) attempt to copy, reproduce, alter, modify and/or reverse engineer the Portal; and/or (c) create derivative works of Portal.
3. You accept that any and all operations emanating from your device shall be assumed to have been initiated by you.
4. You shall request the Company to disable your account and change the password immediately for the account, if your device (wherein Portal account may be signed in) has been lost or stolen.
5. You are responsible for any and all activities that occur in your account. You agree to notify the Company immediately in the event of an unauthorised use of User account or any other form of security breach. Company shall not be liable for any loss to you or your organisation owing to negligent actions or a failure on your part to inform Company, within a reasonable time, about loss or theft of your device and/or any unauthorised access in your account, either with or without your knowledge. Further, you shall not use any other person’s account at any time, without an express prior written permission of the concerned account holder and Company
6. You shall be liable for losses incurred by Company or any other party due to a third party’s use of your account.
7. You shall ensure that, while using the functions and features of the Portal, all applicable laws, rules and regulations shall, at all times, be strictly complied with by you. Company shall not be liable in any manner whatsoever for default of any nature by you.
8. You agree that the Portal may be linked to the website of third parties, affiliates and business partners and that Company has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through the Portal. Inclusion of any link on the Portal does not imply that Company endorses the linked website. Other Parties may use the links and these services at their own risk.
9. User agrees that certain Services on the Portal may require payment of fee such as consultation fees. Company and/or Third Party Service Provider, as the case may be, reserves the right to revise Service charges at any time, at their sole discretion. The charge, applicable at any given time, will be the charge displayed at the time of using the respective Service.
10. You hereby authorize and give consent to Scan Help Technologies Private Limited or SurakshaQR to send me, either through any Third Party service provider from time to time various information/alerts/SMS/other messages or calls or commercial communications, and other services on the aforesaid listed telephone/mobile number, whether these numbers are registered with National DO Not Call Registry/ listed in National Customer Preference Register or not.
You also confirm that by sending any such messages/calls, you will not hold Scan help technologies private limited or SurakshaQR, its Third Party service liable/institute complaint under the Telecom Commercial Communications Customer Preference (TRAI) Regulations, 2010 and such other applicable regulations including any amendment thereof, as may be applicable from time to time. If you want to stop this service, please write an email to firstname.lastname@example.org and call our support number 1800-313-3130.
Any accident, shall be reported to the company within 24 hrs and also to the concerned legal and official authorities immediately upon intimation of said accident. The insurance coverage shall be subject to the intimation within 24 hrs to the company. Insurance services provided on the app shall be activated within 72 hours from registration of the user.
1. Company may at its sole discretion and without assigning any reason whatsoever at any time deactivate or/and suspend the Services (as the case may be) without notice to carry out system maintenance or/and upgrading or/and testing or/and repairs or/and other related work and/or your access to www.surakshaqr.com in and its App. Without prejudice to any other provisions of this Agreement, Company shall not be liable for any loss or/and damage or/and costs or/and expense that you may suffer or incur, and no fees or/and charges payable by you to Company shall be deducted or refunded or rebated, as a result of such deactivation or/and suspension.
J. Refund, Cancellation and Termination of the Services
All purchases from SurakshaQR are considered final and non-refundable. Once the QR and/or Services are purchased or registered by the user, no refunds will be provided under any circumstances. Users are advised to carefully review their selection before completing the transaction.
Cancellation and transfer of QR services are not applicable or permissible for registered users. Once the QR and/or Services are purchased and registered, it cannot be cancelled or transferred to another user. Users are urged to consider their decision carefully before proceeding with the purchase and registration process.
Shipping and Delivery Policy:
SurakshaQR is shipped and delivered by our designated service provider. The service provider adheres to their own shipping and delivery policy, which will be clearly communicated to the user during the purchase process. The estimated delivery time and any applicable shipping charges will be disclosed prior to the completion of the purchase.
Users are responsible for providing accurate and complete delivery information during the purchase process. We shall not be held liable for any delays, losses, or issues arising from inaccurate or incomplete delivery information provided by the user.
We may terminate or suspend Your access to the Website and all related Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You in the event of any breach of breach these Terms and Conditions.
Upon termination, your right to use the Service will cease immediately.
K. Limitation of Liability
1. “The policy shall become void and all premium paid thereon shall be forfeited to the Company, in the event of mis-representation or non-disclosure of any material fact by you.”
2. Your rights and obligations hereunder are non-transferable. This offer does not intend to create any rights other than those specified herein.
3. Notwithstanding any damages that You might incur, the entire liability of the Company, and any of its suppliers under any provision of these Terms and Your exclusive remedy for all of the foregoing, shall be limited to the amount actually paid by You or Rs.5000 whichever is lower.
4. To the maximum extent permitted by applicable law, in no event shall the Company or its service providers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury or death, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
5. Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
L. “AS IS” and “AS AVAILABLE” Disclaimer
6. The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective service providers, expressly disclaims all guarantees, warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of purchase, merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
7. Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
8. Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
M. Governing Law
These Terms and Your use of the Service shall be governed by the laws of India. Your use of the Application and Services may also be subject to other local, state, national, or international laws. In addition to the foregoing, any dispute arising out of this policy shall be governed by the laws of India and be subject to the exclusive jurisdiction of the Courts of Hyderabad.
N. Disputes Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company and attempting to resolve any given dispute by way of mutual negotiation. Any differences and disputes that are not resolved by mutual negotiation within a period of 15 days, after they have arisen, shall be referred to arbitration. The arbitration shall be referred to a sole arbitrator mutually appointed by the Parties. The arbitration shall be governed by the Arbitration and Conciliation Act, 1996. The costs of the arbitration shall be borne by the Parties as directed by the sole arbitrator. The seat and venue of the arbitration shall be at Hyderabad and the language of arbitration shall be English. The award by the arbitrator shall be final and binding on the Parties.
User-Third Party Service Provider disputes: Users are solely responsible for their interactions with Third Party Service Provider. Company reserves the right, but has no obligation, to monitor disputes between you, other Users and/or Third-Party Service Providers and to immediately terminate the privileges of any User. In the event of any claims arising on account of actions or omissions of other users of Third-Party Service Providers, the sole remedy shall be against the concerned User and/or Third-Party Service Provider and not the Company.
O. Severability and Waiver
1. Severability -In the event that any term, condition or provision herein is held to be in violation of any applicable law, statute or regulation the same shall be deemed to be severable from the other terms and conditions and continue to be enforceable separately.
2. Waiver -Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
3. Translation Interpretation- These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
P.Changes to These Terms and Conditions
1.We reserve the right, at Our sole discretion, to modify or replace these Terms and conditions at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
2.By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.