Terms of Use

• Subsequent to the provision of your personal identification details by your employer on such terms and conditions as are determined in a contractual arrangement between your employer and Relex (“Master Agreement”), you shall be allowed to create a password-protected account on the Platform in accordance with the terms and conditions of such Master Agreement.

• You understand and agree that you will be required to provide personally identifiable information such as but not limited to your age, address, electronic mail ID, mobile phone number and name (“Personal Information”) for registering on the Platform through the creation of an Account (as defined hereinafter). Upon the provision of complete details of the necessitated Personal Information via the mechanism provided for on the Platform and subject to the terms and conditions of the Master Agreement, you will be granted access to an account linked to solely your Personal Information on the Platform (“Account”) with a unique username (“Username”) and a password that may either be generated by you or alternatively determined and issued by Relex to you (“Password”). You covenant that any and all Personal Information shared on the Platform by you will be truthful and accurate and that you will update the Personal Information as and when necessary to maintain the truthfulness and accuracy of such Personal Information. You further understand and agree that Relex may at its discretion require you to furnish further particulars constituting Personal Information for the continued usage of the Account and for availing the Services.

• You hereby take cognizance of the imperative to maintain the secrecy and confidentiality of your Username and Password and consequently agree to change your Password regularly and exercise your best efforts in keeping your Username and Password confidential. You agree that the Account shall be utilised solely by you with no third party granted access to your Account or divulged your Username or Password, subject to the Master Agreement. You will be solely responsible and liable for undertaking any and all acts as may be necessary to maintain the security and confidentiality of your Username and Password and shall solely bear any losses or damages that arise to you or any third-party from the disclosure of your Username and Password, with you indemnifying Relex in such respect in the manner stipulated under this Agreement. You further agree to promptly notify Relex through a communication addressed to Relex Healthcare Services India Private Limited,Second floor, Nish manor,25/2, Norris Road,Bengaluru – 560025, if you have any knowledge or any reason to believe that any individual or entity has gained unauthorised access to your Account or in the event that the confidential nature of your Username and/or Password has been compromised.

• Subsequent to the creation of an Account, you consent to receiving text messages, calls and messages from Relex, its agents, affiliates and representatives at the mobile number registered by you on the Platform or alternatively any other number that Relex may ascertain to be your’s via skip trace, caller ID capture and other such means. You affirm that your consent to such communications as detailed under this paragraph shall remain valid and subsisting irrespective of your registration on any ‘Do Not Call’ directory.

• You further agree that Relex may at any time and at its sole and absolute discretion suspend access to your Account in addition to terminating your Account in the manner specified under the Master Agreement with Relex not liable for any damages, expenses, claims and/or losses that accrue to you or to any third party on account of such suspension or termination of your Account.

• You agree to indemnify Relex, its officers, directors, employees, customers and agents from any and all claims, losses, liabilities, damages, expenses and costs that are attributable to any commission or omission of any act that is traceable or referable to your Account. You understand and agree that any access of the Platform and/or usage of the Services in addition to any data that is shared by you on the Platform that is traceable to your Account will be deemed to be have validly originated from you with you consequently bound by any access of the Platform and utilisation of the Services without limitation irrespective of whether such access or utilisation was authorised or done with your knowledge or consent.

• You understand that your complete adherence to the terms and conditions of this Agreement, and subject to the Master Agreement, shall grant a limited license to access and use the Platform through your Account with such license being personal, non-exclusive, revocable and non-transferable in nature (“License”). You agree that any access or utilisation of your Account by any third party, shall void the License and constitute a violation of this Agreement and the Master Agreement consequently authorising Relex to suspend/terminate your Account.

• You agree that, apart from any Personal Information, any and all data and information, without limitation, contained or generated on the Platform (“Content”) is and shall remain the sole proprietary material of solely Relex, and that for the purposes of this Agreement, Content will be deemed to include:

1. Relex’s trademarks, service marks, product marks, symbols, logos, representative material, website addresses and URLs, trade names, corporate names in addition to any and all translations, variations, combinations and derivative material thereof along with the goodwill associated therewith and all applications, registrations and renewals in connection thereto; and
2. All works on the Platform and associated copyrights including authors’ rights, author’ rights and moral rights and all applications, registrations and renewals relating thereto; and
3. All inventions integrated into the Platform or associated and related to the Platform in any manner, irrespective of whether patentable or otherwise in addition to any and all patents, patent applications, patent disclosures and any documentation relating to any renewals thereto; and
4. All software and related documentation, algorithms, data, machine code, source code, programs and the specifications relating thereto integrated into or arising out of the Platform; and
5. All manner of proprietary rights relating to any data or information on the Platform irrespective of whether such proprietary right registered or otherwise, protected or capable of being protected.

• You agree that the License does not in any manner sell, transfer or assign any right other than as explicitly stated herein or the Master Agreement by estoppel, implication or otherwise and that any right that is not explicitly granted to you by Relex is withheld and vested solely and absolutely in Relex.

• You agree that you will not directly or indirectly undertake any of the following activities relation to the access and usage of the Platform:

1. Use automated systems such as but not limited to, ‘bots’, ‘scrapers’, ‘spiders’, ‘scripts’ and ‘spam bots’ and any other form of automated software to access or use the Platform.
2. Engage in “screen scraping”, ‘database scraping’ or any other such analogous or similar activity.
3. Copy and/or distribute the whole or any part of the Platform and Content without Relex’s express written consent and authorisation to such copying and distribution.
4. Encumber the Platform in any manner or undertake any activity that bypasses the security protocols that are instituted by Relex or hinder the access and usage of the Platform in any manner.
5. Aggregate, collect, collate, harvest, mine or engage in any such activity in respect of any data on the Platform or other details associated with any account that is registered on the Platform.
6. Use any Content or data generated on the Platform for any commercial purpose by selling or providing such data to a competitor of Relex irrespective of whether any consideration is received for such activity.
7. Alter, adapt, change, modify, port or translate the Platform or any of its constituent elements.
8. Reverse engineer, decompile or reverse-compile the Platform or its constituent elements or attempt to inspect or discover any element of the Platform.
9. Unbundle the Platform or its constituent elements so as to gain access to its discrete applications, elements, utilities and components.

• You understand and agree that Relex may from time to time and without giving any prior notice or intimation to you, modify, alter, upgrade, suspend or discontinue the Platform for a scheduled or non-scheduled period of time and in such an instance Relex is to bear no responsibility or liability in relation to you not being able to access the Platform subject to the terms of the Master Agreement.

• You understand and agree that you will bear sole responsibility and liability in relation to any and all content, data or information including but not limited to audio, music, sounds, messages, text, photos and videos that you submit, post, distribute, disseminate, upload, link or make available on the Platform in any manner without limitation and any communication that you make through the Platform (“Account Data”). You understand and agree that Relex does not provide any warranty or representation in respect of the veracity or truthfulness of any Account Data and that you shall be solely responsible and liable for any claims, losses or damages arising to yourself or any third party on account of the dissemination of any Account data with you indemnifying Relex in such respect.

• You will not submit, post, distribute, disseminate upload or make available on the Platform any Account Data which:

1. Has the effect of violating any law of the Republic of India;
2. Has the effect of impersonating any person or entity or which misrepresents an affiliation with any person or entity;
3. Is defamatory, libellous or harasses any individual or entity;
4. Is violative of the privacy of any individual accessing or utilising the Platform or third party through the publication or dissemination of personally identifiable information including but not limited to names, addresses and other such information;
5. Is violative of any intellectual property or proprietary right(s) that are vested in any third-party;
6. Is lewd, profane, offensive, objectionable or vulgar in any manner, as is to be determined at Relex’s sole and absolute discretion;
7. Is adware, a rootkit, spyware, trojan, virus, worm or any other form of malicious software that sabotages, disrupts or impedes any security protocol or measure implemented by Relex or that attempts to access any devices, systems or networks that are connected or connect to the Platform;
8. Solicits or advertises any business concern or venture or transmits an unsolicited communication to any party using the Platform in the form of a ‘pop-up’ or ‘pop-under’ advertisement or any communication that is generated through cross-site scripting or through any other vulnerability in the browser being used to access the Platform in addition to forms of bulk communication in the nature of ‘pyramid schemes’, ‘junk mail’, ‘spam’ and the like;
9. Links to an external server that hosts content or data that is in contravention of the provisions of this Agreement.

• You agree to grant to Relex a perpetual, irrevocable, royalty-free, transferable and fully paid worldwide license in respect of the Account Data for the purpose of reproducing, distributing and utilising in any manner the Account Data for any commercial or non-commercial purposes without limitation. You agree that such license will subsist in Relex even in the event that you choose to remove any Account Data.

• You understand and agree that Relex will have the right but not the obligation to monitor the Account Data and investigate any violation of this Agreement and consequently take any appropriate action in relation to the same including but not limited to suspending or terminating your Account.

• You understand and agree that your usage of the Platform is subject to the Relex Privacy Policy as set out at relexhealth.com.

• You understand and agree that Relex shall have the sole and absolute discretion to modify any part or whole of the Privacy Policy at its sole and absolute discretion with a notification of such modification posted at relexhealth.com (“Privacy Policy Modification Notification”). Subsequent to the issue of the Privacy Policy Modification Notification, any continued access and usage of the Platform by you will signify your complete and full assent to such modification.

• Subsequent to the registration of your Account, Relex will make available the functionalities associated with the Platform in accordance with the terms of the Master Agreement (“Services”).
• You agree that, subject to the Master Agreement, Relex may at any point in time choose to alter the manner and nature of Services or make any addition or removal in respect of the functionalities associated with the Platform and Services at its sole and absolute discretion without any prior notice necessitated to you.

You hereby represent and warrant that:

• You have attained the age of 18 (eighteen) years and have the capacity to enter into this Agreement under the applicable laws of the Republic of India and are not subject to any contractual arrangement, judgment or order by a judicial or quasi-judicial authority that is inconsistent with the terms and conditions of this Agreement.

• Any and all Account Data and Personal Information provided by you are truthful, accurate and complete in all respects.

• Your access and/or utilisation of the Platform and Services is not in violation of any applicable law of the Republic of India.

• You have any and all requisite authorisations, licenses, and the capacity under the applicable laws of the Republic of India to use and provide Relex with the authorisation to use, any Account Data that is generated by you in the manner provided for under this Agreement and the Master Agreement.

Relex represents and warrants that:

• It has the capacity under the applicable laws of the Republic of India to execute this Agreement;

• This Agreement does not contravene any existing law or contractual obligation or arrangement by which Relex is bound.

• You understand and agree that you may be directed to other third party websites over the course of the usage of the Platform and availing of the Services and may be exposed to any content that is hosted on such third party websites (“Third Party Content”).

• You understand and agree that Relex does not provide any implied or explicit warranty or representation in respect of the genuineness, quality and any other such attribute relating to any third party websites or Third Party Content and an link provided to any Third Party Content is not to constitute an endorsement of such Third Party Content by Relex, with Relex not responsible or liable in any manner for any claims, damages, charges, losses or damages that may accrue to you or any third party on account of your access and usage of any third party website or Third Party Content.

• You agree to hold harmless and indemnify Relex, its officers, directors, employees, customers and agents from any and all direct and indirect punitive, incidental, consequential or special damages, claims, losses, liabilities, damages, expenses and costs (including attorneys’ fees and court costs) which result from your usage of the Platform or in relation to you availing the Services through the Platform or from the breach of this Agreement and/or the Master Agreement.

• The Parties agree that the Platform and the Services are provided on an “AS IS” basis without any warranty, whether express or implied, in regard to the merchantability or fitness of the Platform and Services for any specific purpose; Further, you acknowledge and agree that your usage of the Services is at your sole risk and liability with Relex not guaranteeing or promising any manner of results from the usage of the Platform and availing of the Services by you.

• You agree that Relex does not offer any warranty or representation in relation to the Platform being free of any malicious software and that Relex will not bear any responsibility and liability in relation to any breach of security of the system or device used by you to access the Platform and/or avail the Services.

• You acknowledge and agree that Relex is to not bear any form of liability for any damage or loss caused due to any default of its obligations under this Agreement or the Master Agreement arising directly or indirectly from a cause affecting the performance by Relex of its obligations resulting from acts, events, omissions, happenings or non-happenings beyond its reasonable control, including but not limited to acts of God, riots, war or armed conflict, embargo, acts of terrorism, acts of government, local government or regulatory bodies, fire, flood, storm or earthquake or any internet connectivity failures, computer equipment failures, telecommunication equipment failures and electrical power failures.

• You agree that this Agreement is to be coterminous with and govern each and every instance of any visitation, access and utilisation of the Platform and/or Account and/or any instance availing of the Services by you in any manner whatsoever.

• You acknowledge that Relex may, at its sole and absolute discretion, choose to terminate this Agreement in accordance with the terms of the Master Agreement provided that Relex shall not bear any responsibility or liability in respect of any damages or losses that accrue to you or any third party on account of such termination.

• You may choose to terminate this Agreement at any point in time by exercising the option to deactivate the Account listed on the Platform, provided that Relex shall not bear any responsibility or liability in respect of any damages or losses that accrue to you or any third party on account of such termination by you. Upon such termination by you Relex will not be responsible or liable in any manner to you or any third party for any failure to provide Services to you.

• You agree that upon the termination of this Agreement, the License granted to you under this Agreement to visit, access and utilise the Platform on the terms and conditions as stated herein will be rendered void. You agree that Relex will not be liable to any third party for the termination of this Agreement and the suspension, deactivation or deletion of the Account.

• You agree that irrespective of the termination of this Agreement, the license granted to Relex under this Agreement in respect of the Account Data will subsist for perpetuity with Relex not being responsible or liable to any extent for returning the Account Data to you or deleting the Account Data.

• This Agreement shall be governed by and interpreted in all respects in accordance with the laws of the Republic of India.

• Subject to the provisions stated below, the Parties hereby submit to the exclusive jurisdiction of the courts of Bengaluru.

• All disputes arising out of or in relation to this Agreement shall be settled amicably by the Parties within a period of 30 [thirty] days from the date of the first initiation of the dispute. In the event no amicable settlement is arrived at within a period of thirty days from the date of first initiation of the dispute by one Party to other, the Parties shall resolve the dispute by means of arbitration pursuant to the Arbitration and Conciliation Act, 1996.

• The arbitration shall be conducted by an arbitral tribunal comprising of 1 (one) arbitrator appointed by Relex.

• The arbitration proceedings shall be conducted in English language only and the venue for arbitration shall be at Bangalore.

• The award of the arbitral tribunal shall be final and binding on the Parties.

• If any provision or any part of a provision of this Agreement is invalid, unenforceable or prohibited by applicable laws, such provision or part of provision if this Agreement shall be severed from this Agreement and shall be considered divisible as to such provision or part thereof and such provision or part thereof shall be inoperative between the Parties hereto and shall not be part of the consideration moving between the Parties hereto and the remainder of this Agreement shall be valid and binding and of like effect as though such provision was not included herein.

• You agree that Relex may at its sole and absolute discretion choose to assign, delegate or transfer its responsibilities, rights and obligations under this Agreement without any prior intimation or notice required to be made to you.

• You agree that you will not assign, delegate or transfer in any manner your responsibilities and any other rights or obligations contained in this Agreement to any third party without the express written consent of Relex.

• This Agreement in conjunction with the Master Agreement contains the entire understanding between the Parties, superseding all prior communications, agreements, and understandings between the Parties with respect to the purpose of this Agreement.