This URL http://www.smas.co.in hereafter referred to as "website" is owned and managed by Techminence Medicare Pvt. Ltd. hereafter referred to as "company" having its registered office at Baba House 26/7, Near AK Hostel, Lalita Park, Lakshmi Nagar, New Delhi-110092. The product offered on this website under the name of Smart Medical Alert System (SMAS) is also owned by Techminence Medicare Pvt. Ltd hereafter referred to as the "Product".
Please go through the following terms and conditions carefully as your use of the website, product and services constitutes acceptance of these terms and conditions and also company's internal policies which are not stated publically. For any transaction on this website the user is subject to the policies applicable to this website. The company in its sole discretion, reserves the right to modify or revise these terms and conditions at any time by updating this web page. You are bound by any such modification or revision and should visit this page periodically to review the terms. The Users are also bound to acknowledge and agree to the company's internal policies which are regulated by the management of the company.
The company reserve the right, at any time to: suspend, modify or discontinue the sale of this product or services provided along with the product; charge fees against usage of services offered; modify and / or waive any fees charged; and / or offer opportunities to some or all users of the product.
The user of the product agree that neither the company nor any of the company’s affiliates or associates shall be held liable to the user or to any third party for any modification, suspension or discontinuance of the product or services, in whole or in part, or of any service, content, feature or product offered.
IMPORTANT DISCLAIMER: THE PRODUCT OR SERVICES OFFERED THEREIN CANNOT BE CONSIDERED A SUBSTITUTE FOR PROFESSIONAL HEALTH CARE OR MEDICAL CARE OR HEALTH CARE ADVICE OR MEDICAL CARE ADVICE OR FOR EMERGENCY RESPONSE BY STATUTORY AUTHORITIES OR LAW ENFORCEMENT AGENCIES OR DISASTER RELIEF EFFORTS OR ANY OTHER PROFESSIONAL ASSISTANCE IN ANY EMERGENCY. THE PRODUCT AND SERVICE OR ANY INFORMATION PROVIDED THROUGH THE APPLICATIONS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO WARRANTIES WHATSOEVER. USE OF THE APPLICATIONS IS VOLUNTARY, AT THE USER'S OWN FREE WILL AND AT THEIR SOLE RISK.
The company shall connect the product to our monitoring facility (the "Center"). In case of receiving any emergency signal from the product at the Center, our response team will summon the emergency response authority and the first person available set forth in your call information. The centre in order to avoid any false notification / alarm, may use the two-way call facility feature of the product to determine if an actual emergency exists before alarming the authorities or persons on your call list, or dispatch emergency response personnel.
In evidence of sufficient reason to believe or upon confirmation from the user’s end that no actual emergency exists, the centre may choose not to place such call or notify emergency response personnel. A Global Positioning System is referred to as “GPS” Services are provided solely within India and consists of a communications Service that enables the product to transmit the user’s GPS coordinates to the Center using a cellular network, and allows the notification of emergency personnel of your need for help and your location anywhere our cellular service coverage is provided.
As soon as the Center receives an emergency signal from the product, it will try to contact the user to ascertain the nature of emergency. If, in the reasonable judgment of the Center an emergency exists, the Center will summon the emergency response authority within the geographical area identified by the GPS and the first person available as per the user’s call information. Any telephonic conversations with the Centre may be recorded. The user hereby agrees that the centre is responsible only for endeavouring to notify the appropriate emergency agency by the phone and / or any medium whatsoever chosen by the company or other persons named in the user’s emergency form. The user understands that the company will not send any personnel from the centre to user’s premises in response to any emergency signal.
User agrees to use the product carefully so as to avoid causing false notification /alarms to the centre. In case of a false alarm any fine or penalty applicable or a response fee is charged to the user by any governmental agency, the user will pay for the charge.
The product has a device that sends signals to the Centre over your regular dedicated cellular service. The product does not work on standard cellular telephone service which in that case is routed through a different source / operator to the centre. The product contains an inbuilt cellular system used to connect with the centre directly. The user hereby acknowledge that the cellular system may be controlled by local state agencies and the service operator and changes in rules, regulations and policies may affect the service offered by the company. Cellular transmissions may be impaired by atmospheric conditions, including signal traffic volume, electrical storms, power failures or other conditions and events beyond the company’s control. The users agree that all software, firmware and transmission facilities are the sole and exclusive property of the company and are not part of the product. The users further agrees that the signals are transmitted over communications facilities provided by independent carriers or providers, which are wholly beyond the company’s control and is maintained and serviced, solely by the applicable carrier or provider.
USERS’ DUTIES; PERMITS
The user shall install, set-up and initially test the product in accordance with the company’s written instruction. In case the Centre doesn’t respond to the test signal, the user shall call the customer care and confirm the status of the test. The user shall obtain and maintain in effect all permits or licenses that may be required for the installation and operation of the product. The user will notify the company in writing of any changes in the persons or telephone numbers on the users’ emergency call list.
The user acknowledges and agrees to pay all sales, service, use and local taxes; any ambulance or paramedic charges or fees; and any permit fees, telephone charges, return check charges, or late charges, if applicable. The company at any time, retains the right, to modify the services fee to reflect any additional or increased taxes, licenses, permits, fees or charges which may be charged to the company by any utility or governmental agency or private response agency relating to the monitoring service and the user agrees to pay the same in order to receive uninterrupted service.
SUSPENSION OR CANCELLATION OF THIS AGREEMENT
The user understands that the company may stop or suspend monitoring service for any of the following reasons. (a) Severe weather, earthquakes, strikes or other such events beyond the company’s control affect the operation of the Centre or so severely damage the user’s premises that continuing service would be impossible and impractical. (b) The user do not pay the service annual subscription charges due to the company, after having given thirty (30) days’ notice about the discontinuation of service because of non-payment. (c) The company is unable to provide service due to some action or ruling by any governmental authority.
USE OF SERVICES
The users may access and use the services offered for the sole purposes of personal and lawful usage in accordance with our terms. The users acknowledge and agree not to access the Service by any means other than through the interface that is provided by the company for use in accessing the service.
The user shall not, nor allow third parties to (i) resell or charge others for use of Services, Site, product or (ii) duplicate, disassemble, decompile, transfer, exchange or translate our Services, create derivative works of the product or attempt to reverse engineer, alter or modify any part of the same. All rights, title and interest in and related to the Service offered, the product and their components will remain with and belong exclusively to our company.
The user is not allowed to (a) sublicense, resell, rent, lease, transfer, assign or otherwise commercially exploit or make the service available to any third party; (b) use the Service or the product in any manner which might be considered unlawful by the company (including, without limitation, in violation of any data, privacy) or that would interferes with or disrupts the integrity or performance of the Service in whatsoever manner, the product or their components, (c) modify, adapt or hack the Service or the product to, or otherwise attempt to, gain unauthorised access to the Service, the product or their related systems or networks, (d) use of Service in ways which distracts the user and/or prevents users from obeying traffic or safety laws; or (e) use the Service or product to obtain or attempt to access any materials or information through any means not intentionally made available or provided for through the Service or product.
MODIFICATIONS IN PRODUCT AND SERVICES
As the company might be updating and evolving the product, services and user experiences constantly, the company might from time to time, change, modify, discontinue a particular range of product or enhance the features of services (including in relation to whether a service is free of charge or not), without citing any cause, temporarily or permanently with or without any notice to the users.
The users hereby agree that the company shall not be liable to the user or to any third party for any modification, suspension or discontinuance of the website, product or services.
INTELLECTUAL PROPERTY RIGHTS
The product and service offered along with, made available to the user by the company in connection, contain proprietary and confidential information that is protected by applicable intellectual property and other laws. The Intellectual Property Rights for this product and services offered along with shall continue to belong to the company and/ or our licensors. The brand name and logos are trademarks and service marks of the company. Any other companies, products, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to our company. Nothing as per this term of use or the services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks owned by this company displayed on the Services, without our prior written permission in each instance.
The user shall create a user account on this website to access and avail the services offered. The users are responsible for maintaining the confidentiality of their account and for all activities taking place under the login / account. The user must notify the company if the user knows or suspect that their account or password has been compromised. The company reserves the right to access the user’s account in order to respond to the requests for technical support.
Any account the user opens on our website is considered personal and users are prohibited from gifting, lending, transferring or otherwise permitting any other person to access or use the account, however the company reserves the right to disable, deactivate or terminate any user’s account, with or without notifying, for whatever reason, including but not limited to your non-adherence.
In order to order a new product or renew the annual subscription related to the product, user shall make payment via this website or through company’s authorized dealer so that your payment for your purchase and our Services can be processed. The company shall notify the user thirty (30) days prior to the expiry of the one-year time period. In the event the user does not renew their membership with our website, the company may suspend the Services offered to you.
The website might offer the opportunity to access certain additional features, Services, product or any portion on payment of certain extra fee or charge. In such cases, user shall be required to select a payment plan or make a payment and provide us with information regarding your credit card or other payment instrument as may be acceptable. You agree to pay our company the amount that is specified in the payment plan in accordance with the terms of such plan.
The user account that involves subscription payments, the user may authorise the company to bill payment instrument in advance on a periodic basis in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred. For such reasons, users are required to promptly update their account information with any changes applicable whenever they may occur. All payments are to be made in full advance to avail the services related to the product.
SHIPMENTS, DELIVERY AND INSPECTION
Unless agreed otherwise in writing by the company and Buyer, the Company shall send the Product through shipment. Delivery shall occur and title and risk of loss shall pass to Buyer upon company’s placement of the Product with carrier for shipment to Buyer. The company shall use its reasonable commercial efforts to deliver the Product to Buyer by the date set out in Buyer’s purchase order, but time for delivery shall not be of the essence. If Buyer's order is for multiple Products, such Products may be shipped in lots and each such lot will be paid for separately. No nonconformity or defect in any lot will constitute a breach of Buyer's entire purchase order, and any lots whose conformity and condition Buyer does not dispute will be paid for in accordance with these terms and conditions, regardless of any dispute concerning other shipments or undelivered Products. Buyer will promptly inspect all Products delivered to it. Any claim against company under the Warranty mentioned below or otherwise for shortages or for damages to or defects in the delivered Products that are observable in a reasonable visual inspection will be deemed waived unless the claim is made to company within 15 days after such delivery. Buyer shall request any proof of delivery within 15 days of delivery.
CANCELLATIONS AND RETURNS
Any order by Buyer may be cancelled or changed only with the consent of company. Prior consent from company is required before a return will be accepted. If a Product is returned with such consent, it shall thereupon become the property of company. Product has a 15 day return period from the date of invoice. The Product must be returned in saleable condition. The Product will be returned only if it is not damaged. All returns must be accompanied by a valid Return Authorisation Number received from company’s returns department.
When Products are authorised to be returned for any reason other than for breach of warranty, the amount of credit will be subject to a minimum restocking charge of 20%. Returned Product must be sent freight prepaid to the appropriate address indicated by company’s returns department. The company accepts no responsibility for Product returned without prior authorisation. Any unauthorised returned Product will be returned to Buyer at Buyer’s expense. Any order placed through this website can be cancelled within 24 hours of placing the order if the customer wishes to do so. If the product delivered to the customer is found defective, the company will replace the product and in such case the product shall need to be returned to the company within 15 days of product delivery. Any refunds on account of defective product will be in accordance with the company’s Terms of Warranty inspection and claims.
WARRANTY, INSPECTION AND CLAIMS
The company warrants exclusively to Buyer that each Product sold hereunder will be free from defects in material and workmanship under normal use, if used in accordance with its labelling for the period specified in the operators’ manual, the packaging inserts or other documents accompanying the Product. The company will have the right at its expense to inspect and have returned any Product claimed by Buyer to violate this "Warranty." Company's sole obligation and Buyer's exclusive remedy for any breach of the Warranty will be the repair or replacement, at company's option, of the defective Product. Any replacement or repaired Product will be covered by the Warranty only for the remainder of the original warranty period. If the company determines that such repair or replacement is not economical or feasible or such remedy fails of its essential purpose, Buyer's exclusive alternate remedy and company's sole obligation for any such breach will be the return to Buyer of the purchase price paid to company for the Product, in which case company may repossess the Product. The Warranty will apply only if: (i) the delivered Product is not altered or damaged and used in accordance with the Product's normal usage and any company’s published instructions; and (ii) Buyer notifies the company of the defect in writing through email at email@example.com not more than one year after its delivery to Buyer and not more than 30 days after Buyer first learns of the defect.
EXCEPT FOR THIS EXPRESS WARRANTY AND COMPANY'S STATUTORY WARRANTY OF GOOD TITLE, COMPANY MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING THE PRODUCTS COVERED HEREBY INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NO EMPLOYEE, AGENT, OR REPRESENTATIVE OF COMPANY IS AUTHORISED TO MAKE ANY REPRESENTATION OR WARRANTY ON BEHALF OF COMPANY EXCEPT TO THE EXTENT SPECIFICALLY STATED HEREIN. NO WARRANTIES EXTEND TO ANY PRODUCTS NOT PURCHASED DIRECTLY FROM COMPANY OR FROM AN AUTHORISED COMPANY DISTRIBUTOR. COMPANY’S WARRANTIES EXTEND ONLY TO THE ORIGINAL PURCHASER OF THE PRODUCTS.
LIMITS ON LIABILITY IN NO EVENT, WHETHER BASED ON BREACH OF WARRANTY OR CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT OR ANY OTHER LEGAL THEORY, WILL COMPANY BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR COST OF "COVER" ARISING OUT OF THE SELECTION, ORDERING, PURCHASE, USE, RESALE OR DISTRIBUTION OF THE PRODUCTS COVERED HEREBY, OR OTHERWISE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN PARTICULAR COMPANY WILL NOT BE LIABLE FOR LOSS OF PROFITS, SAVINGS OR REVENUE; DAMAGE TO REPUTATION; LOSS OF USE OF A PRODUCT OR ANY ASSOCIATED EQUIPMENT; COST OF CAPITAL; COST OF ANY SUBSTITUTE GOODS, EQUIPMENT, FACILITIES OR SERVICES; DOWNTIME; AND THE CLAIMS OF THIRD PARTIES INCLUDING BUYER’S CLAIMS.
The user has the right to terminate their account at any time in accordance with the procedures set forth on this website. The company retains the right to (i) modify or discontinue, temporarily or permanently, the Service or product (or any part thereof) and (ii) refuse any and all current and future use of the Service, suspend or terminate any user’s account (or any part thereof) or use of the Service and remove and discard any of the Content in the Service for any reason, including in case the company believes that user has violated these terms. The website and company shall not be liable to the user or any third party for any modification, suspension or discontinuation of the product and / or service. The company will in good faith make efforts to contact the user to warn prior to suspension or termination of your account by the company.
EVENTS OUTSIDE CONTROL
The company shall not be held responsible or liable for any delay in performance of, failure to perform, or, any of company’s obligations under a Contract that is caused by events outside the company’s reasonable control ("Force Majeure Event"). Force Majeure Event includes any act, event, non-happening, omission or accident beyond reasonable control and includes in particular (without limitation) Strikes, lock-outs or other industrial action, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster or circumstances beyond our control, failure of the use of public or private telecommunications networks, the acts, decrees, legislation, regulations or restrictions of any government. Company’s performance under the above mentioned terms are deemed to be suspended for the period that the Force Majeure Event continues, and the company shall have an extension of time for performance for the duration of that period. The company shall use its reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under these terms may be performed despite the Force Majeure Event. The users hereby acknowledge and agree that in no event will the company’s partners or affiliate companies have any liability under these terms. ASSIGNMENT Any assignment of Buyer's rights or obligations hereunder will be void without Company's prior written consent.
THIRD PARTY BENEFICIARIES
Nothing in these terms and conditions is intended to benefit any person other than the Buyer and Company.
GOVERNING LAW AND JURISDICTION
This agreement, and any claims or disputes related to this agreement, will be governed in accordance with the laws of India and the courts at Delhi shall have exclusive jurisdiction.
This Policy applies across all of our Services. In providing our services, we collect, store and use Information relating to the users. Please also note that this Policy does not apply to Information collected by other companies and organisations who advertise their services through our Services. “Information” includes Personal Information, Non-Personal Information, Users’ Location Information, Log Data and Shared Information.
The information provided to the company by the users’ browser while navigating through our website or using the services provided by our website such as the browser being used, the device used to connect to our service, the time and date of access and other information which would not personally identify the user is tracked down by the company to improve the quality of service provided to the users. This information might be gathered using Cookies or text files that normally include an anonymous unique identifier. Users are allowed to disable these cookies at any time in case the browser permits. However, as a result of this, users might not have access to use certain features of the website. The company also collects information when the user would voluntarily submit it to us as required. There are portions of this Website where the company may need to collect personal information from the user / prospective buyer for a specific purpose, such as to provide with information as requested or to deliver emergency services to the company users/ buyers. The information collected may include user’s name, address, phone numbers, date of birth, or e-mail address, as well as the names and phone numbers of personal emergency contacts. When the company collects this type of information, it will notify the user reasons for asking for such information and how this information will be utilised. The company will not sell the user’s information and will not send unsolicited emails to the users. The website does not have any option for saving / storing the Bank details entered during attempting / making a transaction at the time of purchasing a product/s or renewal of subscription. This information shall not be notified to the users separately every time.
USE OF INFORMATION
Company uses the information gathered from the users to administer this website and personalise the website for the users considering their requirements and search. It also helps in enabling the users’ access to and use of the website services for better serving the users. The same information can also be used to provide the users an update and send details about the products purchased by them through this website. It also enables the users to receive the information relating to the services purchased from this website. Further the website also uses the users’ information to send invoices and real time tracking options in relation to their products and services purchased. It can be used to collect payments and send marketing communications to the users of the company website.
HOW DO WE SHARE YOUR INFORMATION
COMMUNICATIONS FROM US
Newsletters and other promotional communications When the user uses the company’s service, we may use their Information to send emails, newsletters, articles, text messages, in-app messages or push notifications to the user’s device. The users will be given an option to opt out of promotional related communications. Service-related announcements Company may from time to time send users service-related announcements whenever the company considers it necessary to do so (such as when temporarily suspend one of our Services for maintenance or the renewal of users’ membership with company). Users may not opt-out of these service-related announcements, which are not promotional in nature.
The company has taken appropriate technical and organisational security measures against loss or unlawful processing of your personal data. The information provided by the users is stored with company’s server which is itself secured and protected against unauthorised access through firewalls and various layers of securities. Our company uses different ways of securing the data provided by its users, however, it is impossible to provide complete security. AGE RESTRICTIONS To use our company’s services, the users need to be above the age of 18 years. Company would not knowingly collect Personal Information from any children under the age of 18. The users below the age of 18 years may avail our services and order for the product with providing reference of any parent or guardian. Please contact us at firstname.lastname@example.org if you believe that our company has any Personal Information from any children under the age of 18 or you have knowledge that our Services are being used by any children under the age of 18.
NOTIFICATION OF CHANGE