Browse Dr. Morepen Devices

TERMS AND CONDITIONS OF USE

CHAPTER – I

Introduction, Definitions and Applicability


  1. 1. GENERAL


    1. The mobile application ‘Dr. Morepen - Sync’ (hereinafter referred to as “App”) are owned and operated by Morepen Laboratories Limited (hereinafter referred to as “Company”), an Indian company incorporated under the provisions of the Companies Act, 1956 having its registered office at Morepen Village, Malkumajra, Nalagarh Road, Baddi, Distt. Solan (H.P.) 173205, India.


    2. This app allows users to document the clinical readings from their medical devices like Weighing Machine, BP Machines, Glucometers, and other wired, or wireless technology based devices, and show them historical as well as analytical insights that may help users to manage their condition better.


    3. By downloading and installing the App, you acknowledge that you have reviewed these terms and conditions and agree to comply with the same and be legally bound thereby.


    4. These terms and conditions govern your access to and use of the App and the Services (as defined hereinafter). If you do not agree to these terms and conditions, you must refrain from using the App and Services.


      IF YOU DO NOT UNDERSTAND THIS AGREEMENT, OR DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MAY NOT USE THE SERVICES.


  2. 2. AGREEMENT


    1. Before accessing the App or availing yourself of the Services provided therein, please carefully review these Terms and Conditions (“Terms”) and the Privacy Policy, available at (https://sync.drmorepen.com/privacy-policy.html) (“Privacy Policy”). Together, these Terms and the Privacy Policy constitute a legally binding agreement (the “Agreement”) between you, the User, and the Company, governing your use of the App and the Services.


    2. By visiting, accessing, viewing, or otherwise using the App and the Services (as defined below), you, as the User, are deemed to represent and warrant that you have read, understood, and agreed to be bound by the Terms of this Agreement. This Agreement supersedes any prior oral or written terms and conditions communicated to you. Regardless of the medium or device used to access the and/or the App - whether via a mobile phone, smartphone, tablet, or otherwise - the User remains bound by this Agreement. This Agreement sets forth the terms and conditions governing your use of the App and outlines how the Company will manage your account and associated information while you are registered with us as an End-User (as defined below).


    3. Modification of Agreement: The Company reserves the right to amend, modify, or terminate any part of this Agreement at its sole discretion, at any time, and for any reason, without prior notice to you. Any such amendments or modifications shall become effective upon the posting of the revised Agreement on the or App. It is your responsibility to periodically review the Agreement for any changes. Continued use of the and/or App after such modifications constitutes your acknowledgment and acceptance of the modified Agreement. Additionally, any supplementary terms and conditions, disclaimers, privacy policies, or other policies applicable either generally or to specific sections of the or App, or to particular Services, shall also form an integral part of this Agreement.


  3. 3. APPLICABILITY OF TERMS


    1. For the purpose of these Terms, wherever the context so requires the term ‘You’ / ‘User’ / ‘End User’ shall mean any natural or legal person (including a patient, his / her representatives or affiliates) who has downloaded and installed App or in any internet browser irrespective of whether any registration data has been provided to the Company or not. Any services provided by the App which do not require registration do not absolve you of the contractual relationship established by this terms and conditions.


    2. The User acknowledges that these Terms and Conditions are in electronic form and have the same force and effect as an agreement in writing.


  4. 4. APPLICABLE LAWS


    1. The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:

      1. the Indian Contract Act, 1872,

      2. the Information Technology Act, 2000, and

      3. the rules, regulations, guidelines and clarifications framed there under, including the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 (the SPDI Rules), and Information Technology (Intermediaries Guidelines) Rules, 2011 (the IG Rules).

  5. 5. CONDITIONS OF USE


    1. To register, access, or use the App and its Services, you must be 18 years of age or older. By registering, using the App, or accepting this Agreement, you represent and warrant that you are at least 18 years old and have the legal right, authority, and capacity to agree to and comply with this Agreement. If a minor (under 18) wishes to use the App, their parent or legal guardian must register on their behalf, consent to this Agreement, supervise the minor's use, and accept full responsibility for their actions. The parent or guardian also agrees to the collection and processing of the minor's information as outlined in the Privacy Policy. To fully access the Services, the App must be downloaded from the Google Play Store or Apple App Store, and phone number verification is required.


    2. Without limiting the foregoing, if you are barred from entering into legally binding obligations under the Indian Contract Act, 1872, or are, for any reason, unable to provide Consent as required under the SPDI Rules or as stipulated herein, you shall not be eligible to register for, use, or avail the Services offered on the App.


    3. Your use of the App is governed by a license granted by us. This license is personal, revocable, non-assignable, and non-exclusive. As such, you may not use the App for any commercial purpose.


    4. The End-User shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.


    5. You are responsible for ensuring that each mobile device or tablet you use to access the App is properly maintained, with compatible and up-to-date software, a suitable internet connection, and appropriate firewall and virus scanning software. The Company will not be liable for any failure on your part to update or use the App properly. In the event that you provide false or inaccurate information, or if the Company has reasonable grounds to believe that the information you have provided is false, the Company reserves the right to suspend your Account and/or discontinue the Services at its sole discretion. The Company accepts no liability for any loss or damage incurred by you as a result of providing false information.


  6. 6. TERMINATION


    1. The Company reserves the right to suspend or terminate an End-User’s access to the App and the Services, at its sole discretion, with or without notice. Upon such termination, the End-User’s right to use the App and the Services will immediately cease. The End-User agrees that the Company shall not be liable for any such termination. Without prejudice to any other rights available to the Company under this Agreement or applicable law, the Company reserves the right to pursue any other legal remedies in the following circumstances:


      1. End-User breaches any terms and conditions of this Agreement;


      2. A third party reports violation of any of its right as a result of the End-User's use of the Services;


      3. End-User provides fraudulent, inaccurate, or incomplete information to the App;


      4. the Company is unable to verify or authenticate any information provided to the Company by an End-User;


      5. the Company has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such End-User; or


      6. the Company believes in its sole discretion that End-User's actions may cause legal liability for the End-User, other End-Users or for the Company or are contrary to the interests of the App.


    2. Once temporarily suspended, indefinitely suspended, or terminated, the End-User may not continue to use the App under the same account, a different account, or re-register under a new account. Upon termination of an account for the reasons outlined herein, the End-User will no longer have access to any data, messages, files, or other material stored on the App. However, prior to termination, the End-User will be provided an opportunity to access and download their personal data in accordance with applicable GDPR rights. Any remaining personal data will be deleted or retained as required by legal or regulatory obligations.




      CHAPTER – II

      Services, Plans and Products


  7. 7. SERVICES OF THE APP


    1. These Terms and Conditions apply to all the Services made available by the Company on the App (“Services”) including but not limited to the following:


      For End-Users:


      1. Maintenance of Account: Facility to create and maintain an Account to document, monitor and analyse information relating to diabetes, blood pressure / cardiac health, weight or other parameters as and when covered by the App, of the End-User. Such Accounts will be used for, inter alia, feeding / logging, uploading, sharing, tracking and analysing health information such as blood sugar levels, blood pressure levels, pulse readings, weight readings, BMI etc. and may include biomarker readings through diagnostic test results of HbA1c, Lipid Profile and other tests, and associated data derived from prescriptions, food charts and daily activities.


      2. Use / Subscription of Plan(s): The App may list various subscription plans designed for diabetes tracking, and management, which may include Tech or AI based tools, support engine, elements such as specialist health coach interactions / consultations, expert consultations, etc. thereof (the "Plans").


      3. Health Tips: Based on the medical and health information provided by the End-User in their Account, which includes, but is not limited to, key health vitals, food intake and corresponding calorie count, activity logs (both sedentary and non-sedentary), and updated blood sugar levels, an algorithm within the App's software may generate automated reminders, tips, and suggestions for the End-User. These reminders and suggestions will be aimed at helping the End-User maintain healthy blood sugar levels, blood pressure levels, weight and overall well-being ("Health Tips"). Note that all the insights and reports generated and displayed to the End User meet the clinical benchmarks set by the leading scientific entities across the world, and highest quality and diligence is maintained while building the clinical framework of this App to ensure the help, convenience and better outcomes for our End Users.


      4. This app allows you to use different mechanisms to document a clinical reading generated by your medical device, i.e. glucometer, blood pressure machine, weighing machine or other compatible devices. You will be required to allow the App necessary permissions (on your mobile phone) to be able to use such convenient services, i.e. permission to send notifications, allowing camera access, allowing microphone access, allowing gallery access, and location permission, if required.


      5. We have listed all commonly used brands of glucometers, blood pressure devices, and weighing machine devices for the End Users to choose from, so that we can serve them better. This is merely to provide convenience to the end user, and does not aid the company in making commercial gains through these brand / product listings, whatsoever. It also does not represent any qualitative indicators of any brand listed in the app (under My Devices section).


      6. Users will be responsible for the information they enter into the App, i.e. its accuracy, and legitimacy. This App merely provides them insights and inputs based on whatever information the End User enters, and Company or the App shall not be held liable for the same in present or future.


      7. The Services may change from time to time at the sole discretion of the Company, and the Company reserves the right to modify the Services without prior notice or consent from the End-Users.


  8. 8. FEATURES AND PLANS


    1. The App is provided to the Users for convenience and ease in logging their vital readings collected through medical devices used by the End User for medical condition tracking purposes, i.e. diabetes, hypertension, obesity etc.


    2. Features in the app includes:


      • Capability to register and sign in through OTP validation.

      • Capability to create your profile.

      • Capability to create your health profile.

      • Capability to record / update your blood sugar, blood pressure and weight readings by typing, scanning (OCR), speaking and keyboard scroller.

      • Capability to generate and preview health insights based on the submitted data.

      • Capability to generate and share health reports using the submitted data, and insights.

      • Option to update the medical devices (e.g. glucometer, BP machine, weighing machine etc.) that the user currently uses to track his/her health.

      • Option to seek guidance via “Help Center” using Video Tutorials and / or FAQs section.

      • Option to seek recommendations through SLMs or LLMs / AI / Machine Learning / Other Advanced Technologies based clinical engine (To be launched in future).

      • Option to transfer / sync data via wireless technologies like Bluetooth, NFC etc. (To be launched in future).

      • Option to set preferences (e.g. language, units and reminders).

      • Option to add more users in the account (To be launched in future).


    3. Plans:


      • The App’s basic plan is, by default, going to be a free of cost experience / service for Dr. Morepen’s customers, especially the ones already using the Company's medical diagnostic homecare devices., e.g. Dr. Morepen’s Glucometer, BP Machines, Weighing Machine etc.


      • In future the Company reserves the right to launch one or many paid plans, services and / or features which a User can avail or benefit from, by paying the fee as prescribed on the App.




      CHAPTER – III

      User Account, Content and Privacy


  9. 9. REGISTRATION


    1. In order to use certain features and Services of the App, you must create and register an account (the "Account") on the App by providing certain information, which will form part of the User Information as defined in the Privacy Policy. This information may include name, age, gender, type of medical condition, height that forms your core user profile. Additionally, your email address, password, mobile number, weight, last HbA1c %, city, address (if payment is done by user on App), etc may be required for rendering better / personalised services for User’s benefit.


    2. Your Account details and credentials (registered username / mobile number AND passwords or OTPs) are personal to you. You may not transfer your Account, and you will be responsible for all activities associated with your Account.


    3. The Company will not be liable for any loss or damages resulting from your failure to maintain the confidentiality of your account credentials. If you suspect any unauthorized use of your account, you must immediately notify the Company.


    4. It is your responsibility to keep your email address up to date in your account settings so that the Company can communicate with you electronically.


    5. By creating an Account, you agree to receive communications from the Company via SMS, Email, WhatsApp, Telephone, Push notifications, and Other legitimate modes of communication. If at any time you wish to discontinue receiving communications from the Company, you agree to notify the Company via email or, in some cases simply disable notifications receipt through device settings. In case of disabling notifications, you will be at risk of losing vital communication from App’s / Company’s end which may be essential for your condition management.


  10. 10. END-USER ACCOUNT


    1. GENERAL


      1. In connection with your use of the Services, you will be required to create and register an Account by valid mobile number verification, and completing core profiling. You represent and warrant that all User Information uploaded or supplied by you in relation to your Account or any information you provide otherwise in connection with your use of the Services will be current, complete and accurate, and that you will update that information as necessary to maintain its completeness and accuracy by visiting your “My Profile” section from the top right of your App Home Page.


      2. You are given an option to erase all your health records in the “Erase My Health Data” section under “Account Settings”.


      3. You are given an option to deactivate your account under the “Account Settings” option in My Profile. Once you deactivate, you can always login and re-activate your account. You will not lose any data in case you deactivate your account.


      4. You are given an option to delete your account under the “Account Settings” option in My Profile. Once you submit your deletion request, you will lose access to your account, and associated health and personal data permanently, as they get removed from the system.


      5. In case you wish to subscribe to the Plans offered by the Company, you will be required to use your registered Account to share further information for authentication. After receiving your information, the same will be shared with third parties (including banking and other partners) who will carry out their independent authentication of the information shared by you. During such a process of authentication, the representatives of the third parties shall be free to contact you via phone or email.


      6. You are responsible to share correct and accurate information with the Company for registration and maintenance of the User’s Account. You will also be responsible to inform the Company of any change to any user information. A failure in doing so may lead to the Company (or third parties) being unable to provide its Services (including insurance benefits under the Plans) to you, in which case the Company shall not be liable or responsible for any loss, harm or injury.


      7. You are responsible for maintaining the confidentiality of your Account access information and username / registered mobile number and password / OTP, if you are registered on the App. You shall be responsible for all usage of your account and password / OTP, whether or not authorized by you. You shall immediately notify the Company of any actual or suspected unauthorized use of your account or password / OTP. The Company will not be liable for your losses, damage or injury caused by any unauthorized use of your account, however, you may be liable for the losses of the Company or others due to such unauthorized use.


      8. The Company shall not be responsible in any manner for the authenticity of the User Information (personal information or sensitive personal data or information) supplied by you to the Company or to any other person acting on behalf of the Company or to any of the partnered service providers of the Company.


      9. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to discontinue the Services to you at its sole discretion.


      10. It is your responsibility to keep your correct mobile number and email ID updated in the Account. All relevant information and records will be sent to the mobile number and / or email ID associated with the Account. Every time you change any contact information (mobile or email), the Company will send a confirmation of this update. The Company is not responsible for any loss or inconvenience caused due to your non-updation of your contact details for the Account.


      11. If you logout of your Account, the Company will retain all your User Information especially to the extent that this data is anonymously stored for purposes of evaluating aggregated non-personally identifiable data for improving inter alia market research and efficiency of services.


    2. USE OF INFORMATION

      1. The Company may by its Services and as per the Privacy Policy, collect anonymous data of your usage and information relating to the devices through which you access the App. The collected information will be aggregated in a non-personally identifiable form and will be used for research, study and statistical analysis purposes, for improving the quality of the Company's services, to build new services, targeted marketing of the products and services on the Company’s / app, and to customize the advertising and content you see by providing the non-personally identifiable data to third-party advertisers, as more particularly set out in the Privacy Policy.


      2. The Company may use such information collected from the End-User from time to time for the purposes of debugging and customer support related issues.


      3. It is clarified that in case the user subscribes to any Plans of the Company, the Company will share the information of the User with third parties (whichever applicable as per company’s plan and policy). The User confirms that he / she does not have any objection to the same.


    3. TERMS APPLICABLE TO END-USER'S ACCOUNT


      The specific terms relating to the Account created by the End-User are as below, and are without prejudice to the rest of these Terms and the Privacy Policy:


      1. At the time of new account creation, i.e. signing in for the first time using mobile number and OTP, it is User’s responsibility to fully read and understand the Privacy Policy, Terms and Conditions Policy of the App. The company will not be liable for User’s disregard by not reading the policies in full.


      2. Your Account is only created after you have signed up and explicitly accepted the Terms and Conditions.


      3. Information available in your Account is of the Information generated and uploaded by you, including but not limited to health and medical information such as blood sugar, blood pressure, weight and other markers and levels, diagnostic test results (conducted by laboratories which may or may not be not Partnered Laboratories), food charts, daily activities, prescribed medication schedule etc.


      4. The Account is provided on a ‘best-efforts as-is basis’. While the Company strives to maintain the highest levels of service availability, the Company is not liable for any interruption that may be caused to your access to the Services.


      5. The Company uses high level security and encryption over your Account. However, the Company cannot guarantee prevention of unauthorized access if you lose your login credentials or they are otherwise compromised. Please safeguard your login credentials and report any actual or suspected breach of account to the Company at devices.customercare@morepen.com, and do not miss to copy the email also to appdev@morepen.com.



  11. 11. CONTENT


  1. APP CONTENT


    1. All content and other materials available through the App and Services belong to the Company. The Company authorizes the End-User to view and access the content available on or from the App solely for visiting, ordering, receiving, delivering and communicating only as per this Agreement. The contents of the App including but not limited to the, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the App (collectively, the Company Content), are the property of the Company and are protected under copyright, trademark and other applicable laws. End-User shall not modify, copy or duplicate the Company Content or reproduce, display, publicly perform, distribute, or otherwise use the Company Content in any way for any public or commercial purpose or for personal gain.


    2. Copying of the copyrighted content published by the Company on the App for any commercial purpose or for the purpose of earning profit will be a violation of copyright and the Company reserves its rights under applicable law accordingly.


    3. The information in a non-personally identifiable aggregated form directly or indirectly collected from the End-User belongs to the Company.


    4. The information used to highlight the ideal reference ranges, insights and related information is based on protocols and prescribed methodologies recommended by the leading global organizations like American Diabetes Association, WHO, Pubmed Central, NCBI etc. Here is a list of references that we have taken into consideration while formulating the clinical benchmarks of the application:


  2. USER GENERATED CONTENT


    1. The role of the Company in publishing any End-User generated content is that of an intermediary under the Information Technology Act, 2000. The Company disclaims all responsibility with respect to the content of the End-User generated content, and its role with respect to such content is restricted to its obligations as an intermediary under the said Act.


    2. As mandated by Regulation 3(2) of the Information Technology (Intermediary Guidelines) Rules 2011, the Company hereby informs End-User that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:


      1. belongs to another person and to which the End-User does not have any right to;

      2. grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, 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;

      3. harm minors in any way;

      4. infringes any patent, trademark, copyright or other proprietary rights;

      5. violates any law for the time being in force;

      6. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

      7. impersonate another person;

      8. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

      9. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.


    3. In addition to the above, End-User are also prohibited from:

      1. violating or attempting to violate the integrity or security of the App or any of the Company Content;

      2. intentionally submitting on the App any incomplete, false or inaccurate information;

      3. using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the App;

      4. attempting to decipher, decompile, disassemble or reverse engineer any part of the App;

      5. copying or duplicating in any manner any of the Company Content or other information available from the App; and

      6. framing or hot linking or deep linking any Company Content.


  3. The Company, upon obtaining knowledge by itself or having been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such prohibited information (as mentioned above) generated by End-User, or on being notified by the appropriate Government or its agency that the App is being used by the End-User to commit any unlawful act and / or is being used in violation of Paragraphs 14.2. above, shall be entitled to remove or disable access to the material or information that is in contravention of this Paragraph. The Company is entitled to act, as required by the Information Technology (Intermediary Guidelines) Rules 2011, within 36 (thirty six) hours of obtaining such knowledge and, where applicable, work with End-Users to disable such information that is in contravention of applicable law. The Company 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.


  4. In case of non-compliance with any applicable laws, rules or regulations, or the Agreement by an End-User, the Company has the right to immediately terminate the access or usage rights of the End-User to the App and Services and to remove non-compliant information from the App.


  5. The Company may disclose or transfer End-User-generated content to its affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer. The Company will comply with any duly-issued government or court directions to disable access to the End-User-generated content, should it be found to be illegal by a competent governmental authority.


  1. 12. PRIVACY POLICY


    1. By using the App and the Services thereunder, you give your consent to the collection, storage, sharing and use of certain information about you, as specified in the Privacy Policy (User Information) available at (relevant channel). Subject to the Privacy Policy, it is deemed that you have consented to receiving calls and communications from the Company or through service providers registered / associated with the Company at any time at your registered mobile number or email. The Privacy Policy sets out:


      1. the type of information collected, including sensitive personal data or information as defined in the SPDI Rules;

      2. the Information Technology Act, 2000, and

      3. how and to whom the Company will disclose such information; and,

      4. other information mandated by the SPDI Rules.


    2. You are expected to read and understand the Privacy Policy available at (https://sync.drmorepen.com/privacy-policy.html), so as to ensure that you have the knowledge of:


      1. the fact that certain information is being collected by the Company;

      2. the purpose for which the information is being collected;

      3. the intended recipients of the information;

      4. the nature of collection and retention of the information; and

      5. the various rights available to you in respect of such information.


    3. The term personal information or sensitive personal data or information will have the meaning as assigned to them in the SPDI Rules.



      CHAPTER – IV

      Third Party Relationships


  2. 13. THIRD PARTY SOFTWARE UPDATE


    Our App operates on specific versions of third-party operating systems and browser software for your computer or smart device (collectively referred to as "Platform Software"). When a third-party provider issues an update to the Platform Software, we may require additional time to provide a compatible update to the App. If you update the Platform Software before we release an appropriate update for the App, there is a possibility that you may no longer be able to use the App, or the App may not function properly.


  3. 14. THIRD PARTIES

    The App may be linked to third party layers, i.e. plugins, tools etc. and associated, affiliates and business partners. The Company has not reviewed, and cannot review or control, all of the material, including computer software or other goods or services, made available on or through third-parties. Accordingly, the Company does not represent, warrant or endorse any third-party , or the accuracy, currency, content, fitness, lawfulness or quality of the information material, goods or services available through third-parties. In the event if any contents of such third-parties, infringes any intellectual property of any person, such third party shall alone be liable, and the Company does not assume any responsibility for the same. The Company disclaims, and you agree to assume, all responsibility and liability for any damage, loss, injury or other harm, whether to you or to third parties, resulting from your use of third-parties. You may use the links and these services at your own risk.



    CHAPTER – V

    Disclaimers & Liability


  4. 15. DISCLAIMERS


    1. No Warranties: The Services provided by the Company or any of its licensors or service providers are provided on an “as is” and “as available” basis, and without any 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). The Company does not provide or make any representation, warranty or guarantee, express or implied about the App or the Services. The Company does not guarantee the accuracy or completeness of any content or information provided by End-User on the App. Without limiting the foregoing, the Company makes no warranty that (a) the App or the Services will meet your requirements or your use of the App will be uninterrupted, timely, secure or error-free; (b) the results that may be obtained from the use of the App or Services will be effective, accurate or reliable; (c) the quality of the App or Services will meet your expectations; or (d) any errors or defects in the App or Services will be corrected. No advice or information, whether oral or written, obtained by you from the Company or through or from use of the App shall create any warranty not expressly stated in the terms of use. The Company shall have no liability to the User for any interruption or delay, to access the App irrespective of the cause. To the fullest extent permitted by law, the Company disclaims all liability arising out of the End-User's use or reliance upon the App, the Services, representations and warranties made by other End-Users, the content or

      information provided by the End-Users on the App, or any opinion or suggestion given or expressed by the Company.


    2. Your Responsibility For Loss Or Damage


      1. You agree that your use of the App and Services is at your sole risk. You will not hold the Company or its licensors and suppliers, as applicable, responsible for any loss, damage or injury that results from your access to or use of the Services, or use of the App, including and without limitation to any loss, damage or injury to any of your devices or data.


      2. The Company assumes no responsibility, and shall not be liable for, any damages, loss or injury to, or bugs, errors, viruses or other limitations and problems that may infect End-User's equipment on account of End-User's access to, use of, or browsing the App or the downloading of any material, data, text, images, video content, or audio content from the App. If an End-User is dissatisfied with the App, End-User's sole remedy is to discontinue using the App.


      3. You hereby acknowledge that a server failure or other event could result in the loss of all of the data related to your Account. The Company endeavours to have a backup server but is not liable in any manner for the loss of data as a result of the server failure and urges End-Users to back up the data related to their Account.


  5. 16. INDEMNITY


    End-User agrees to indemnify and hold harmless the Company, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from any and all third party claims, losses, liability, damages, injuries and / or costs (including reasonable attorney fees and costs) arising from the End-User's access to or use of Services, violation of this Agreement by the End-User, or infringement of any intellectual property or other right of any person or entity by the End-User. The Company will notify the End-User promptly of any such claim, loss, liability, or demand. In addition to the User's aforementioned obligations, the User agrees to provide the Company with reasonable assistance in defending any such claim, loss, liability, damage, injury or cost at the User's expense.


  6. 17. LIMITATION OF LIABILITY


    1. In no event, including but not limited to negligence, shall the Company, or any of its directors, officers, employees, agents, content or service providers (collectively, the (“Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages, arising from, or directly or indirectly related to the use of, or the inability to use, the App, or the content, materials and functions related to the Services or any other legal theory, and whether or not the Company has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed. In no event shall the Protected Entities be liable for:


      1. any content posted, transmitted, exchanged or received by or on behalf of any End-User or other person on or through the App;

      2. any unauthorized access to or alteration of your transmissions or data;

      3. any other matter relating to the App or the Service; or

      4. any losses, damage, injuries or expenses incurred by the End-Users as a result of any disclosures made by the Company, where the End-User has consented to the making of disclosures by the Company. If the End-User had revoked such consent under the terms of the Privacy Policy, then the Company shall not be responsible or liable in any manner to the End-User for any loss, damage, injury or expense incurred by the End-User as a result of any disclosures made by the Company prior to its actual receipt of such revocation.


    2. In no event shall the total aggregate liability of the Protected Entities to an End-User for all damages, losses, injuries and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from this Agreement or an End-User's use of the App or the Services exceed, in the aggregate (amount to be discussed)



    CHAPTER – VI

    Grievance Redressal, Jurisdiction and Miscellaneous


  7. 18. CONTACT INFORMATION GRIEVANCE OFFICER


    1. If an End-User has any questions or grievances concerning the Dr. Morepen - Sync App, the User can write to the office of Vice President, Morepen Laboratories Limited, to:


      Mr. Amrit Ravi

      Vice President
      Morepen Laboratories Limited
      amrit.ravi@morepen.com


    2. For any device related query, troubleshooting or customer support, users can write at devices.customersupport@morepen.com.


    3. In accordance with the Information Technology Act, 2000, and the rules made there under, if you have any grievance with respect to the App or the App related Service, including any discrepancies and grievances with respect to processing of information, you can contact our Grievance Office via telephone at: +91 999 00 678 44 between 10 AM to 5 PM IST between Monday to Friday.


      In the event you suffer as a result of access or usage of the App by any person in violation of Rule 3 of the Information Technology (Intermediary Guidelines) Rules 2011, please address your grievance to the above person.


  8. 19. DISPUTE RESOLUTION AND JURISDICTION


    1. You agree that this Agreement and any contractual obligation between the Company and End-User will be governed by the laws of India.


    2. Any dispute, claim or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, or your use of the App or the Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by the Company. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be New Delhi. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.


    3. Subject to the above Paragraph, the courts at New Delhi shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the App or the Services or the information to which it gives access.


  9. 20. SEVERABILITY


    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 remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms. However, in such an 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.


  10. 21. WAIVER


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 the Company. Any consent by the Company to, or a waiver by the Company 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.


  1. 22. MISCELLANEOUS


    1. You acknowledge that access to the App will be provided over various facilities and communication lines, and information will be transmitted over local exchange and internet backbone carrier lines and through routers, switches, and other devices (collectively, “Transfer Lines”) owned, maintained, and serviced by third-party carriers, utilities, and internet service providers, all of which are beyond our control. We assume no liability for or relating to the integrity, privacy, security, confidentiality, or use of any information while it is transmitted on the Transfer Lines, or any delay, failure, interruption, interception, loss, transmission, or corruption of any data or other information attributable to transmission on the Transfer Lines. Use of the Transfer Lines is solely at your risk and is subject to all applicable local, state, national, and international laws.


    2. You acknowledge that other End-Users have access to and are receiving our Services. Such other End-Users have committed to comply with this Agreement concerning use of the Services; however, the actions of such other End-Users are beyond our control. Accordingly, the Company does not assume any liability for or relating to any impairment of the privacy, security, confidentiality, integrity, availability, or restricted use of any information on the system resulting from any End-Users actions or failures to act.


    3. The Company is not responsible for unauthorized access to your data, facilities or equipment by individuals or entities using the system or for unauthorized access to, alteration, theft, corruption, loss or destruction of your data files, programs, procedures, or information through the system, whether by accident, fraudulent means or devices, or any other means. You hereby waive any damages occasioned by lost or corrupt data, incorrect reports, or incorrect data files resulting from programming error, operator error, equipment or software malfunction, security violations, or the use of third-party software. The Company is not responsible for the content of any information transmitted or received through our provision of the Services.




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