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Privacy Policy

  1. Raspberry Health Limited (“Raspberry”, which also include its affiliates), having its registered office address at A-1/292, Ground Floor, Janakp puri, Delhi 110058.

RASPBERRY is committed to respecting the privacy of every person who shares information with it or whose information it receives. Your privacy is important to Us and We strive to take care and protect the information We receive from You to the best of Our (defined below) ability.

This Privacy Policy (“Privacy Policy”) applies to the collection, receipt, storage, usage, processing, disclosure, transfer and protection (“Utilization”) of your Personal Information when You use the Carebyte website available at URL: www.Carebyte.health operated by RASPBERRY (“Website”) or mobile application of brand name “Carebyte” available for download at Google Play Store, Apple App Store, Windows App Store (“Application”) operated by RASPBERRY or avail any Services offered by RASPBERRY through the Website or Application.

 

The terms ‘You’ or ‘Your’ refer to you as the user (registered or unregistered) of the Website, Application or Services and the terms ‘We’, ‘Us” and ‘Our’ refer to RASPBERRY.

 

The capitalized terms that are used but not defined in this Privacy Policy shall have the same meaning as in our Terms of Use.

  1. CONSENT:
1. You acknowledge that this Privacy Policy is a part of the Terms of Use of the Website and the other Services, by accessing the Website or Application or by otherwise providing Us Your Personal Information Yourself or through a Primary User or by making use of the Services provided by the Website or Application, You unconditionally signify Your (i) assent to the Privacy Policy, and (ii) consent to the Utilisation of your Personal Information in accordance with the provisions of this Privacy Policy.

2. You acknowledge that You are providing Your Personal Information out of Your free will. If You use the Services on behalf of someone else (including but not limited to, Your child – minor or major or as a legal representative of an individual with mental illness) or an entity (such as Your employer), You represent that You are authorized by such individual or entity to (i) accept this Privacy Policy on such individual’s or entity’s behalf, and (ii) consent on behalf of such individual or entity to Our collection, use and disclosure of such individual’s or entity’s Personal Information as described in this Privacy Policy. Further, You hereby acknowledge that the Utilization of Your Personal Information by RASPBERRY is necessary for the purposes identified hereunder. You hereby consent that the Utilization of any Personal Information in accordance with the provisions of this Privacy Policy shall not cause any wrongful loss to You.


3. YOU HAVE THE OPTION NOT TO PROVIDE US THE PERSONAL INFORMATION SOUGHT TO BE COLLECTED. YOU WILL ALSO HAVE AN OPTION TO WITHDRAW YOUR CONSENT AT ANY POINT, PROVIDED SUCH WITHDRAWAL OF THE CONSENT IS INTIMATED TO US IN WRITING. If You do not provide Us Your Personal Information or if You withdraw the consent to provide Us Your Personal Information at any point in time, We shall have the option not to fulfill the purposes for which the said Personal Information was sought and We may restrict You from using the Website, Application or Services.


4. Our Website or Application are not directed at children and We do not knowingly collect any Personal Information from children. Please contact at grievances@carebyte.health if You are aware that We may have inadvertently collected Personal Information from a child, and We will delete that information as soon as possible.

 

2. CHANGES TO THE PRIVACY POLICY:

      1. We reserve the right to update (change, modify, add and/or delete) this Privacy Policy from time to time at our sole discretion. There is a tab at the end of the Privacy Policy which indicates when the Privacy Policy was last updated.

      2. When We update Our Privacy Policy, we will intimate You of the amendments on Your registered email ID or on the Website or Application. Alternatively, RASPBERRY may cause Your account to be logged-off and make Your subsequent account log-in conditional on acceptance of the Agreement. If You do not agree to the amendments, please do not use the Website, Application or Services any further.

3. PERSONAL INFORMATION COLLECTED:

In order to provide Services to You we might require You to voluntarily provide Us certain information that personally identifies You or Secondary Users related to You. You hereby consent to the collection of such information by RASPBERRY. The information that We may collect from You, about You or Secondary Users related to You, may include but are not limited to, the following:

  1. Patient/Caregiver/Doctor/Health Care Professional Name,
  2. Birth date/age,
  3. Blood group,
  4. Gender,
  5. Address (including country and pin/postal code),
  6. Location information, including Your GPS location,
  7. Phone number/mobile number,
  8. Email address,
  9. Physical, physiological and mental health condition, provided by You and/or Your Healthcare Service provider or accessible from Your medical records,
  10. Personal medical records and history,
  11. Valid financial information at time of purchase of product/Services and/or online payment,
  12. Carebyte Login ID and password,
  13. User details as provided at the time of registration or thereafter,
  14. Records of interaction with RASPBERRY representatives,
  15. Your usage details such as time, frequency, duration and pattern of use, features used and the amount of storage used,
  16. Master and transaction data and other data stored in Your user account,
  17. Internet Protocol address, browser type, browser language, referring URL, files accessed, errors generated, time zone, operating system and other visitor details collected in Our log files, the pages of our Website or Application that You visit, the time and date of Your visit, the time spent on those pages and other statistics ("Log Data"),
  18. User’s tracking Information such as, but not limited to the device ID, Google Advertising ID and Android ID,
  19. Any other information that is willingly shared by You.

(collectively referred to as “Personal Information”).

4. HOW WE COLLECT PERSONAL INFORMATION:
The methods by which We collect Your Personal Information include but are not limited to the following:

          1. When You register on Our Website or Application,
          2. When You provide Your Personal Information to Us,
          3. During the course of Services provided to You by Us,
          4. When You use the features on Our Website or Application,
          5. Through Your device, once You have granted permissions to Our Application (discussed below),
          6. By the use of cookies (also discussed below),
          7. We collect information that Your browser/app sends whenever You visit Our Website or Application, such as, the Log Data. In addition, We may use third party services such as Pixel that collect, monitor and analyze this. This information is kept completely secure.

5. USE OF PERSONAL INFORMATION:

YOUR PERSONAL INFORMATION MAY BE USED FOR VARIOUS PURPOSES INCLUDING BUT NOT LIMITED TO THE FOLLOWING:


      1. To provide effective Services;
      2. To debug customer support related issues;
      3. To operate and improve the Website or Application;
      4. TO PERFORM ACADEMIC/STUDIES, CLINICAL OR OTHER RESEARCH AND ANALYSIS FOR OUR UNDERSTANDING, INFORMATION, ANALYSIS, SERVICES AND TECHNOLOGIES IN ORDER TO PROVIDE ALL USERS IMPROVED QUALITY OF CARE; AND ENSURING THAT THE CONTENT AND ADVERTISING DISPLAYED ARE CUSTOMIZED TO YOUR INTERESTS AND PREFERENCES;
      5. To contact You via phone, SMS, email or third-party communication services such as Whatsapp, etc. for appointments, technical issues, payment reminders, obtaining feedback and other security announcements;
      6. To send promotional and marketing emails from Us via SMS, email, snail mail or third-party communication services such as WhatsApp, Facebook etc.;
      7. To advertise products and Services of RASPBERRY and third parties;
      8. To transfer information about You, if We are acquired by or merged with another company;
      9. To share with Our business partners for provision of specific services You have ordered so as to enable them to provide effective Services to You;
      10. To administer or otherwise carry out Our obligations in relation to any Agreement You have with Us;
      11. To build Your profile on the Website or Application;
      12. To respond to subpoenas, court orders, or legal process, or to establish or exercise Our legal rights or defend against legal claims; 
      13. To investigate, prevent, or take action regarding illegal activities, suspected fraud, violations of Our Terms of Use, breach of Our agreement with You or as otherwise required by law;
      14. TO AGGREGATE PERSONAL INFORMATION FOR RESEARCH FOR ACADEMIC/STUDIES, CLINICAL OR OTHER RESEARCH, STATISTICAL ANALYSIS AND BUSINESS INTELLIGENCE PURPOSES, AND TO SELL OR OTHERWISE TRANSFER SUCH RESEARCH, STATISTICAL OR INTELLIGENCE DATA IN AN AGGREGATED AND/OR NON-PERSONALLY IDENTIFIABLE FORM TO THIRD PARTIES AND AFFILIATES WITH A PURPOSE OF PROVIDING SERVICES TO THE USERS OR FOR THE ADVANCEMENT OF SCIENTIFIC KNOWLEDGE ABOUT HEALTH AND DISEASE.

6. SHARING AND TRANSFERRING OF PERSONAL INFORMATION:


      1. You hereby consent and authorize Us to publish feedback obtained by You on Our Website or Application.
      2. User’s financial information are transacted upon secure sites of approved payment gateways which are digitally under encryption, thereby providing the highest possible degree of care as per current technology. However, User is advised to exercise discretion while saving the payment details.
      3. To the extent necessary to provide You with the Services, We may provide Your Personal Information to third party contractors who work on Our behalf to provide You with Services. These third-party contractors have access to information needed to process Services only and shall not use it for other purposes. Each third-party contractor, the data processor to which We transfer Personal Information shall have to agree to comply with the procedures and policies or put in place adequate measures on their own for maintaining the confidentiality and secure Your Personal Information.
      4. You acknowledge that RASPBERRY may be obligated to by law to disclose or transfer your Personal Information with Courts and Government agencies in certain instances such as for verification of identity, or for prevention, detection, investigation, prosecution, and punishment for offences, or in compliance with laws such as intimation of diagnosis of an epidemic disease. You hereby consent to disclosure or transfer of Your Personal Information in these instances.
      5. Notwithstanding the above, We are not responsible for the confidentiality, security or distribution of Your Personal Information by third-parties outside the scope of Our Agreement. Further, We shall not be responsible for any breach of security or for any actions of any third-parties or events that are beyond the reasonable control of Us including but not limited to, acts of government, computer hacking, unauthorized access to computer data and storage device, computer crashes, breach of security and encryption, poor quality of Internet service or telephone service of the User etc.
      6. We may share Your Personal Information with Our other corporate and/or associate entities and affiliates to (i) help detect and prevent identity theft, fraud and other potentially illegal acts and cyber security incidents, and (ii) help and detect co-related/related or multiple accounts to prevent abuse of Our Services.
  1. TRACKING ACTIVITIES
  • We track users steps
  • We track their sleep

We use this data to better serve their health with their clinical teams and also to give them rewards. We do not share this data with third parties.  We store this data in our database

We use Google API Service and other third-party site or platforms to track this data

How we use this data:

A member of Our Company, which includes many different brands, will be the data controller for Your information. A user can reach out to our data controllers by sending an email to privacy@carebyte.health

Other members of Our Company may have access to Your information where they perform services on behalf of the data controller(s) (as a data processor) and, unless prohibited under applicable law, for use on their own behalf (as a data controller) for the following purposes:
deliver and improve Our Platform and manage Our business;
manage Your account and provide You with customer support;
tracking of Your physical movement, Fitness and location for step count and coin conversion;
creating daily leader board rankings;
providing access to offers and facilitating transactions for availing Ours and third party’s goods and services through the Platform;
perform research and analysis about Your use of, or interest in, Our or third party’s products, services, or content or such products, services, or content as may be available on or through the Platform;
communicate with You by email, postal mail, telephone and/or mobile devices about products or services that may be of interest to You either from Us or third parties or such products, services, or content as may be available on or through the Website;
develop, display, and track content and advertising tailored to Your interests on Our App, including providing advertisements to You;
undertake Platform analytics;
enforce or exercise any rights in our Platform Terms and Conditions;
perform functions or services as otherwise described to You at the time of collection; and
resolve disputes, diagnose errors, troubleshoot problems, and detect and protect Us against any activity not expressly authorized under the Platform Terms & Conditions as available at the link.
consistent with local law and choices and controls that may be available to you:
send you offers and promotions for our products and services or third-party products and services;
personalize content and experiences on Our Platform;
provide you with advertising based on your activity on Our Platform and on third-party sites and applications.

 


8. PERMISSIONS:

Once You download and install Our Application, You may be prompted to grant certain permissions to allow the Application to perform certain actions on Your device. These actions include permission to:

  1. read/write/modify/delete data in relation to the Application on Your device’s storage;
  2. view/access information relating to networks/access networks, including permission to send and receive data through such networks/access networks;
  3. determine Your approximate location from sources like, but not limited to, mobile towers and connected Wi-Fi networks;
  4. determine Your exact location from sources such as, but not limited to, GPS;
  5. view/access device information, including but not limited to the model number, IMEI number, operating system information and phone number of Your device;
  6. access device information including device identification number required to send notification/push notifications.

9. USE OF COOKIES:


    1. Cookies are files with small amount of data, which may include an anonymous unique identifier. Cookies are sent to You on the Website and/or Application.

    2. We may store temporary or permanent ‘cookies’ on Your computer/device to store certain data (that is not Sensitive Personal Data or Information). You can erase or choose to block these cookies from Your computer. You can configure Your computer’s browser to alert You when We attempt to send You a cookie with an option to accept or refuse the cookie. If You have turned cookies off, You may be prevented from using certain features of the Website or Application.

    3. We do not control the use of Cookies by third parties.



10. SECURITY:


      1. The security of Your Personal Information is important to Us. We have adopted reasonable security practices and procedures including role-based access, secure communication, password protection, encryption, etc. to ensure that the Personal Information collected is secure. You agree that such measures are secured and adequate. We restrict access to Your Personal Information to Our and Our affiliates’ employees, agents, third party service providers, partners, and agencies who need to know such Personal Information in relation to the Purposes as specified above in this Policy, provided that such entities agree to abide by this Privacy Policy. 
      2. While We will endeavor to take all reasonable and appropriate steps to keep secure any information which We hold about You and prevent unauthorized access, You acknowledge that the internet is not 100% secure and that We cannot guarantee absolute security of Your Personal Information. Further, if You are Secondary User, You hereby acknowledge and agree that Your Personal Information may be freely accessible by the Primary User and other Secondary Users and that RASPBERRY will not be able to restrict, control or monitor access by Primary User or other Secondary Users to your Personal Information. We will not be liable in any way in relation to any breach of security or unintended loss or disclosure of information caused in relation to Your Personal Information.

11. THIRD PARTY LINKS:

During Your interactions with Us, it may happen that We provide/include links and hyperlinks of third-party websites not owned or managed by Us (“Third-party Websites”). It may also happen that You or other Users may include links and hyperlinks of Third-party Websites. The listing of such Third-Party Websites (by You, other Users or by Us) does not imply endorsement of such Third-party Websites by RASPBERRY. Such Third-party Websites are governed by their own terms and conditions and when You access such Third-party Websites, You will be governed by the terms of such Third-party Websites. You must use Your own discretion while accessing or using Third-party Websites. We do not make any representations regarding the availability and performance of any of the Third-party Websites. We are not responsible for the content, terms of use, privacy policies and practices of such Third-party Websites. We do not bear any liability arising out of Your use of Third-party Websites.


12. ACCESS:

If You need to update or correct Your Personal Information or have any grievance with respect to the processing or use of Your Personal Information, or request that We no longer use Your Personal Information to provide You Services, or opt-out of receiving communications such as promotional and marketing-related information regarding the Services, for any reason, You may send Us an email at grievances@Carebyte.health and We will take all reasonable efforts to incorporate the changes within a reasonable period of time.


13. COMPLIANCE WITH LAWS:

You are not allowed to use the services of the Website or Application if any of the terms of this Privacy Policy are not in accordance with the applicable laws of  Your country.



14. TERM OF STORAGE OF PERSONAL INFORMATION:


  1. RASPBERRY may keep records of communications, including phone calls received and made for making enquiries, orders, feedback or other purposes for rendering services effectively and efficiently. RASPBERRY will be the exclusive owner of such data and records. However, all records are regarded as confidential. Therefore, will not be divulged to any third party, unless required by law.
  2. RASPBERRY shall store Your Personal Information at least for a period of three years from the last date of use of the Services, Website or Application or for such period as may be required by law.

  1. GRIEVANCE OFFICER:

We have appointed a grievance officer, whose details are set out below, to address any concerns or grievances that You may have regarding the processing of Your Personal Information. If You have any such grievances, please write to Our grievance officer at grievances@carebyte.health and Our officer will attempt to resolve Your issues in a timely manner.

 

Terms and Conditions

PLEASE READ THESE TERMS OF USE CAREFULLY. BY CONTINUING TO ACCESS AND USE THIS APPLICATION YOU CONFIRM THAT YOU ACCEPT OUR TERMS AND CONDITIONS DESCRIBED HEREIN. IF YOU DO NOT AGREE THE TERMS OF USE, DO NOT USE THIS APPLICATION.

 

Welcome to Carebyte mobile Application (defined hereunder). The Application is operated by Raspberry Health Limited (“Raspberry”), having its registered office address at A-1/292, Ground Floor, Janakp puri, Delhi 110058.

The terms “You” or “Your” refer to you as the user (irrespective of whether You are a Registered User (defined hereunder), or A Healthcare Service Provide (HSP) or a Non-Registered User (defined hereunder) and the terms “RASPBERRY”, “We”, “Us”, “Company”, “Our” and/or “Carebyte” refer to RASPBERRY. In the event the Application is being used by a person on your behalf, the expression “You” or “Your” or the “User” shall apply to such person as well.

These Terms of Use, Privacy Policy, together with any additional Service specific terms and conditions, other policies which may be applicable to specific portions of the Application and any disclaimers which may be present on the Application are jointly referred to as “Agreement” and constitute the terms of Your access and use of the Application and the Services (defined hereunder). Where any part of the Agreement is modified in accordance with the terms of the Agreement, the Agreement shall be enforceable in its modified form.

The Agreement supersedes all previous oral and written terms and conditions (if any) communicated to You.

THE APPLICATION:
  • RASPBERRY is the author and publisher of the Application, which shall mean the mobile application, website, blog contained therein, queries answered by Our team over email, phone or any other medium and all variants, tools, editions, add-ons, and ancillary products or services of the Application (including all files and images contained therein or generated by the software, and accompanying data, herein referred to individually or collectively as “Application”). The Application may be used by Users (defined below) to avail Services and/or to find, access, manage and organize information including but not limited to personal or non-personal information, doctor/consultant information, appointments, prescriptions, laboratory and diagnostic tests, drug delivery, electronic medical records, billing, inventory, accounting details and other relevant information.
  • The Application titled ‘Self-Assessment Tool’ is purely for informational and educational purposes and is not intended to provide or be used for the diagnosis or treatment of disease or other conditions, including COVID-19. The guidance you receive depends on the accuracy of the information you provide as well as current guidelines for responding to symptoms associated with the novel coronavirus COVID-19.
USERS:

“Registered Users” are users:

  • who have successfully registered themselves with RASPBERRY through the Application by providing information that is true and accurate, and who can log on to their account on the Application by providing their username and password (“Primary User”); or
  • whose profile has successfully been created on the Application under the account of a Primary User, by providing information that is true and accurate (“Secondary User”).

“Healthcare Service Providers” or “HSPs” are third parties including but not limited to clinic or hospital listed on the Application, also, includes their duly qualified doctors, nurses, paramedical staff, physiotherapists, consultants, medical equipment suppliers, laboratory service providers, phlebotomist, pharmacist other incidental and ancillary healthcare service providers listed on the Application and who interacts with Users as part of the Services. “HSP Registered Users” are Registered Users whose profile has a unique identification attached to it including but not limited to UHID (unique health identification) or UMR (unique medical record). HSP Registered Users may not be permitted to access to certain areas of the Application.

“Non-Registered Users” are users who have not registered themselves on the Application. Non-Registered Users may not be provided access to certain areas of the Application.

Registered Users, HSP Registered Users and Non-Registered Users shall individually or collectively be referred to as “Users”.

ACCESS AND USAGE RIGHTS OF USERS:

Non - Registered User: A Non - Registered User is not permitted to access or make use of the Application for any purpose other than the following permitted use:

  • 1. To browse the Application without accessing any Services;
  • 2. To use Self-Assessment Tool;
  • 3. To share the Application via social media applications.

HSP Registered Users: A HSP Registered User is only permitted to access and use the Services provided through a particular HSP only or any other limitations and restrictions as are prescribed under the Agreement or may be otherwise communicated to HSP Registered User from time to time through any contact information shared by HSP or HSP Registered User at the time of registration.

Registered User: A Registered User is specifically permitted to:

  • 1. Enjoy all the access and usage rights of a Non-Registered User;
  • 2. Access and use the Services subject to such limitations and restrictions as are prescribed under the Agreement or may be otherwise communicated to Registered User from time to time through any contact information shared by such user at the time of registration.
CONTENT:

The data and information available on the Application may be categorized as follows:

  • 1. Data and information generated or provided by Unregistered Users, HSP Registered Users and Registered Users on the Application (“User Content”).
  • 2. Data and information which RASPBERRY (through itself or its contractors) has generated or procured for the Application and includes data and information generated or provided by HSP (“RASPBERRY Content”).
GENERAL TERMS OF USE:

As required by law, You must be at least 18 years of age or older, have a sound mind and not debarred by any law to contract in order to access and use the Application and Services as a Primary User. In case the Application or Services are to be accessed or used by a minor (i.e. a person less than 18 years of age), then only the legal guardian/representative of such person shall register himself/herself as a Primary User and create/add the profile of the minor as a Secondary User.

All Services will be requested for, and provided to, the Primary User only. A Secondary User may avail the Services rendered to the Primary User only as a beneficiary. The Primary User will be entirely responsible and accountable for the Secondary User’s activity on the Application, as if the Application and Services were being accessed and used by the Primary User. However, this shall not discharge the Secondary User who is adult and of sound mind from liability towards RASPBERRY or its contractors or agents and RASPBERRY shall have the right to proceed against Secondary User and Primary User, either jointly or severally, for acts and omissions of Secondary User that violate the Agreement.

You will use the Application and the features provided on the Application only in relation to and in compliance with all applicable Indian laws. You will not use this Application, or any feature provided on the Application for any purposes not intended under this Agreement.

You should limit the use of this Application to India only. We are not responsible if You avail any Service from outside India. You must have the advice and/or prescription given by such HSP validated by a local registered medical practitioner.

Certain Services are location specific. Depending on Your location certain Services may not be available to You.

You will not deliberately use the Application in any way that is unlawful or harms RASPBERRY, its directors, employees, affiliates, distributors, partners, service providers and/or any User and/or data or content on the Application.

You will not use the Application for any illegal, immoral, offensive purpose or for any other purpose that may infringe or violate any applicable laws and regulations.

You will not interfere, disrupt or hamper with the proper functioning of the Application.

As a User, You may have access to business sensitive information. You shall not share such information with RASPBERRY’s direct competitors or use it for competitive purposes, except with RASPBERRY’s prior written consent.

You understand that as part of Your registration process as well as in course of Your use of the Application, You may receive communication from RASPBERRY on Your registered contact information. These communications will relate to Your registration, Services provided by RASPBERRY, transactions that You carry out through the Application and any such information found suitable of Your attention by RASPBERRY. Please note that RASPBERRY will send these communications only to the contact details that You or HSP provide on the Application. It is Your responsibility to ensure that You provide the correct contact details for the transaction You wish to enter. Further, RASPBERRY may also send notifications and reminders to You for the features that You may be using on the Application. By accepting these Terms of Use You provide Us Your consent to collect Your medical records and/or reports from HSP. RASPBERRY may also share the dynamic password with You in order to facilitate the online delivery of your medical report. You hereby consent to receive such communications from RASPBERRY.

You will not share Your log-in details with anyone. You are responsible for maintaining the confidentiality of Your account access information and password. You shall be responsible for all usage of Your account and password, whether or not authorized by You. You shall immediately notify RASPBERRY of any actual or suspected unauthorized use of the Your account or password. RASPBERRY will not be liable for Your losses caused by any unauthorized use of Your account. You may be liable for the losses of RASPBERRY or others due to such unauthorized use.

SERVICES:

Through the Application, RASPBERRY facilitates the purchase of Services offered for sale by HSP. You understand and agree that RASPBERRY merely provide hosting services to You. All Services offered for sale on the Application are owned by HSP. RASPBERRY has no control over HSP Services and does not originate or initiate the transmission or select the sender/recipient of the transmission. The authenticity and genuineness of the Services made available by HSP through the Application shall be the sole responsibility of HSP. You understand and agree that Application shall have no liability with respect to the authenticity of the Services being facilitated through the Application.

Use of Services

The Application may be used to access a variety of healthcare and related services. Depending on the status of Your registration and subject to the limitations and restrictions imposed by the Agreement or by RASPBERRY, You may avail following services through the Application:

  • 1. Online Consultations (through Carebyte care team doctors and/or HSP);
  • 2. Home examination;.
  • 3. Lab/sample collections;
  • 4. Booking radiology services;
  • 5. Delivery of pharmaceutical goods and services offered for sale by the HSP;
  • 6. Doctor prescribed medicines/drugs delivery;
  • 7. OTC drugs delivery;
  • 8. Home services including but not limited to vaccination nonstress test, physiotherapy or any other therapy;
  • 9. Long term care programs for chronic diseases;
  • 10. Follow up service;
  • 11. Post-surgery care;
  • 12. Second opinion service;
  • 13. Patient data storage service;
  • 14. Built-in app features such as health trackers, medicine reminders, storage and display of Your medical records, information and history, including general medical information, outpatient records, discharge summaries, prescriptions, lab investigations and radiology reports along with information regarding Your family members;
  • 15. Such other services as may be intimated from time to time.

The aforesaid list of services is jointly referred to as “Services.”

The Services are non-transferable and only cover the Registered User.

You agree and acknowledge that the property and title in the drugs ordered by You shall stand immediately transferred to You upon the dispensation of drugs and the raising of the invoice at the concerned HSP. Accordingly, the sale of drugs is concluded at the concerned HSP itself. Post Your acceptance of the drugs, the related Services would not be eligible for any exchange or refund.

The minimum age requirement of 18 years does not apply to any Service that is open to children and adolescents from Age 1-18.

Online Consultations

You are advised not to use the Carebyte online consultation services in case of any medical emergencies like accidents, bleeding injuries, burns, sexual abuse/assault, medicolegal cases or if You are in a critical condition.

If You are a Registered User but do not satisfy the above pre-conditions, please do not avail the online consultation services. RASPBERRY will not be responsible or liable for any harm or loss that You may suffer if You elect to access those Services.

All Users, who are patients, and who opt for online consultation services, may be required to undergo an initial medical examination to ascertain and record medical history, medication history and medical status before video-consulting support can be provided.

Online consultation services are provided at the express consent by the User and the same shall not be construed as a replacement for physical consultation and the Services are meant for general consultation only. If after online consultation, if it is recommended to undergo any diagnostic tests or if You are issued with 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. HSP reserves their rights to modify the prescription or recommended diagnostic tests if the User provides any additional information in future consultation.

Online consultation services may be provided via the following communication channels Call Center Helplines / Telephones / Mobiles / IM Chats / Online Chats / SMS & Text Chats with and without camera and video facilities at the sole discretion of RASPBERRY. Reasonable efforts will be made to protect Your privacy and confidentiality across Health Consultation Services.

Prescription Drugs

In order to purchase drugs that requires a valid medical prescription issued by a medical expert/doctor (“Prescription Drugs”) from HSP through the Application, You are required to upload a scanned and clean copy of the valid prescription on the Application or email the same to RASPBERRY. You shall, ensure that medical expert/doctor, as far as possible, prescribe drugs with generic names. The order would not be processed and forwarded to the concerned HSP(s) by RASPBERRY until We receive a copy of a valid prescription. HSP will verify the prescription shared by You and in case HSP(s) observe any discrepancy in the prescription uploaded by You, the HSP(s) will cancel the order immediately. You may also be required to make the original prescription available at the time of receipt of delivery of Prescription Drugs.

You acknowledge and accept that the order for a substitute of a Prescription Drug would not be processed if the medical expert/doctor has himself/herself not permitted for any other equivalent generic drug to be dispensed in place of the Prescription Drug in the prescription. The substitute of a Prescription Drug would be dispensed only if the prescription solely lists the equivalent generic drug or salt names instead of a specific brand name.

You further acknowledge and accept that, in the absence of the above, the concerned HSP would not dispense a substitute drug in place of the Prescription Drug.

RASPBERRY’ RIGHTS TO THE APPLICATION AND RASPBERRY CONTENT

RASPBERRY respects the intellectual property rights of others, and We expect the same from You. The Application, User Content and the RASPBERRY Content are protected by applicable intellectual property laws.

RASPBERRY’s Rights to the Application and RASPBERRY Content: All intellectual property in and to the Application and all software, techniques and processes used in connection with the aforesaid, belongs exclusively to RASPBERRY or its licensors. As a User, You are granted a limited, non-exclusive, non-transferable license to access and use the Application as per the terms of the Agreement. Through Your use of the Application, by no means are any intellectual property rights impliedly or expressly granted by RASPBERRY to You in respect of such works.

RASPBERRY and/or its licensors assert all proprietary rights in and to all names and trademarks contained in the Application. Notwithstanding the generality of the foregoing, the name and logo of “Carebyte” is/are the trademarks and copyright (inclusive of any other applicable intellectual property right) of RASPBERRY and/or its licensors. Any use of such name or logo, unless otherwise authorized in a written agreement, will constitute an infringement upon the trademark and copyright (or any other such intellectual property right) of RASPBERRY and/or its licensors and may be actionable under applicable laws.

Except as stated otherwise in this Agreement, all RASPBERRY Content (including all intellectual property rights to such content) is owned exclusively by RASPBERRY and/or its licensors.

When You use the Application in accordance with this Agreement, a limited royalty-free right is granted to You by RASPBERRY to use RASPBERRY Content only for personal and non-commercial use in India for the term of the Agreement.

Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring on You any license to intellectual property rights, whether by estoppel, implication, or otherwise. Unless expressly authorized by RASPBERRY, You agree not to reproduce, modify, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the RASPBERRY Content, in whole or in part, by any means. You must not remove or modify any copyright or trademark notice, or other notice of ownership.

Rights in User Content:

You agree that You are the sole owner of all rights (including all intellectual property rights) in the User Content that You post on the Application or provide to RASPBERRY.

To the extent permissible by law, You hereby grant RASPBERRY a perpetual, non-revocable, worldwide, royalty-free license to make use of such User Content including the right to copy, distribute, display, reproduce, modify, adapt, the User Content, and create derivate works of the User Content.

USER CONSENT & PRIVACY:

You have the option of uploading Your identifiable health information including physical, physiological and mental health condition, and medical records and history on the Application which may be accessed by RASPBERRY and/or HSPs using the Application, during the course of providing Services to You. If You are a Secondary User, Your information may be provided to Us by the Primary User under whose account you are using and accessing the Application and Services. If you have not lawfully authorized the Primary User to do so, kindly reach out to us immediately at grievances@carebyte.health. By continuing to access and use the Application and Service, You confirm that You as a Secondary User have authorized Primary User to provide Your information to us and on the basis of information provided by the Primary User Carebyte care team doctors and/or HSP would generate the prescription in the Secondary User’s name. We may collect various personal information from You when You use the Application and for the features provided by the Application.

Our Privacy Policy sets out terms with respect to the collection, storage, use, processing, transfer and disclosure of any such personal information.

When You click on the ‘I accept’ tab at the time of registering or access the Application or otherwise provide Your personal information, You specifically consent to Our Privacy Policy & Terms of Use.

RASPBERRY may disclose/transfer Your Personal Information in accordance with applicable law and for the purposes as set out in the Privacy Policy

RASPBERRY is required by law to maintain the privacy and confidentiality of Your medical information. We assure to take Your privacy seriously and to maintain privacy and confidentiality of the information provided by You to Us. We, however, do not represent, warrant or guarantee that Our safeguards to prevent unauthorized access to Your personal information is fool-proof. Further, RASPBERRY may itself have to access Your medical information (medical records, consultation history, transcripts etc.) in order to investigate any deficiencies, complaints or grievances that You bring to the notice of RASPBERRY. You hereby specifically authorize RASPBERRY to access Your medical information in such cases.

OTHER WEBSITES/MOBILE APPLICATIONS

You may be provided with links on the Application that direct You to third party websites / applications / content or service providers (collectively “Third Party Content”).

Links to such third party applications are provided for Your convenience only. Please exercise Your independent judgment and prudence when visiting / using any Third Party Content via a link available on the Application. Should You decide to click on the links to visit such Third Party Content, You do so on Your own volition. Your usage of such Third Party Content is subject to the terms of use of the respective Third Party Content and RASPBERRY is not responsible for Your use of any Third Party Content.

We do not extend the Agreement to any other websites/applications except for this Application. We do not make any warranty or give any security to the personal information disclosed by You to the other websites/applications, even if such websites/applications are linked to our Application or they are using our Application link.

RASPBERRY does not endorse any Third Party Content that You may be directed to from the Application.

RASPBERRY RESPONSIBILITIES:

HSPs

RASPBERRY will make available qualified HSPs to render Services after carrying out appropriate background and reference checks.

It is hereby clarified RASPBERRY’ obligation to carry out appropriate background and reference checks and to validate qualification of HSPs does not go beyond ensuring that the HSPs were registered with relevant state professional councils or central professional council at the time of engagement and had a certificate of good standing from the relevant professional council at the time engagement.

Service Levels

Subject to applicable law, RASPBERRY will use commercially reasonable efforts to make the Services available to Registered Users 24 hours a day, 7 days a week, except for:

  • 1. services that involves product delivery including but not limited to medicines/drugs;
  • 2. planned downtime that will be communicated in advance to Registered Users;
  • 3. any unavailability caused by circumstances beyond RASPBERRY’s reasonable control, including without limitation, cyber-attacks, acts of God, acts of government or regulatory authority, any mandate under applicable law, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems, or internet service provider or/and web hosts failures or delays, denial of service attack, and/or Your acts or omissions, equipment, software or any other technology of Your, or any third party acting on Your behalf
  • 4. When such Service is rendered under a time-schedule, in which case, the obligation of RASPBERRY under this clause shall be limited to making available such Service during the time-schedule. This obligation will also be subject to (2) and (3) above;
  • 5. When the Registered User is outside the operational coverage of Service.

RASPBERRY has no responsibility towards Non-registered User for providing Services. For the avoidance of doubt, it is hereby clarified that RASPBERRY’ responsibility towards Registered User will be limited to the provision of the Services as per the terms and conditions of the Agreement.

If RASPBERRY suspects any illegal, wrongful or fraudulent activity on the Application by any User, notwithstanding any other rights RASPBERRY may have against such User, RASPBERRY reserves the right to inform the relevant government or law enforcement authorities. RASPBERRY will cooperate in all investigative procedures or requests for access / information initiated by any such government or law enforcement authorities.

RASPBERRY reserves the right to add new functionality, remove existing functionality, and modify existing functionality to its Services as and when it deems fit, and make any such changes available in newer versions of Application at its discretion. All Users of its Services will be duly notified upon release of such newer versions and RASPBERRY reserves the right to automatically upgrade all Users to the latest version of its Services as and when it deems fit.

The Application and Services may be subject to certain limitations, such as, limits on storage space, limit on bandwidth, unexpected downtime, unavailability of HSPs due to unforeseen circumstances, etc.

RASPBERRY reserves the right to schedule/reschedule/cancel appointments and swap HSPs at any time without prior intimation.

RASPBERRY reserves the right to refuse Service at any time without providing any reasons. The terms applicable to refund and cancellation are specified below.

Legal Compliances

RASPBERRY will strictly adhere to and adopt all reasonable measures to ensure compliance to all central and state government regulations and directives as applicable from time-to-time.

Data Recording, Storage, Encryption & Usage

The information stored on the Application may be entered by You or by a HSP in the course of services provided by RASPBERRY. The information collected as part of the Services may be stored on Your mobile device as well as on a third-party cloud platform (“Cloud Service Provider”) or server (“Storage Service Provider”).

All video-consultations / IM chat consultations / text messages / audios / videos / transcripts / prescriptions / email and hard copy correspondences between Users and HSP Acquired Users who are patients, and HSPs engaged by RASPBERRY shall be recorded, saved and stored for record purposes and in the event such records are required to be produced as evidence on the direction of a court of law. RASPBERRY may review this data from time to time for quality evaluation purposes. However, under normal circumstances, RASPBERRY will not access any information that identifies You and shall either omit, mask or anonymize Your personal information at the time of quality evaluation.

It is hereby clarified that RASPBERRY does not have the obligation to pre-screen or monitor User Content at any time. However, RASPBERRY may elect to monitor any User Content and may modify or remove any User Content from the Application if RASPBERRY determines in its sole discretion that such User Content is in violation of this Agreement or any applicable law and best practices. Where RASPBERRY removes any User Content from the Application, RASPBERRY will make reasonable efforts to inform the Registered User who had posted such User Content.

All User Content shall be recorded, saved and stored electronically on a secure cloud database/server managed by the Cloud Service Provider / Storage Service Provider. RASPBERRY shall take best efforts to ensure that the Cloud Service Provider/ Storage Service Provider uses appropriate levels of encryptions to protect data and takes all necessary precautions. RASPBERRY will however not be responsible for any cyber data theft from its Application or the Cloud Service Provider’s/ Storage Service Provider’s databases.

RASPBERRY shall maintain a detailed transaction & purchase history of Users online.

RASPBERRY reserves the right to permanently delete User Content in case the User does not avail a Service for a period of three years.

USER RESPONSIBILITIES:

Your use of this Application shall be subjected to the following terms and conditions:

  • 1. You will observe and comply with the terms and conditions of the Agreement in letter and spirit;
  • 2. You will provide full and accurate information about Your health, medical history and personal care needs;
  • 3. You will strictly adhere to the advice and instructions given by HSPs from time to time;
  • 4. You will not delete or modify any content of the Application including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that You do not own or have express permission to modify;
  • 5. You will not decipher, decompile, reverse engineer, or disassemble the RASPBERRY content;
  • 6. You will not use any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Application;
  • 7. You will not remove any copyright, trademark registration, or other proprietary notices from the Application. You further agree not to access or use this Application in any manner that may be harmful to the operation of this Application or its content;
  • 8. You will not frame or hotlink or deeplink any RASPBERRY Content;
  • 9. You will not use the Application and / or Services in any way that is unlawful, or harms RASPBERRY or any other person or entity, as determined in the RASPBERRY’s sole discretion.
  • 10. You will not engage in any form of antisocial, disrupting, or destructive acts, including “flaming”, “spamming”, “flooding”, “trolling”, “phishing” and “griefing” as those terms are commonly understood and used on the Internet;
  • 11. You will not host, display, upload, modify, publish, transmit, update or share any information that:
    • A. belongs to another person and over which You does not have sufficient legal rights;
    • B. is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
    • C. harm minors in any way;
    • D. infringes any patent, trademark, copyright or other proprietary rights(se), violates any law for the time being in force;
    • E. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
    • F. impersonate another person;
    • G. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
    • H. 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 cognizable offence or prevents investigation of any offence or is insulting any other nation.

Without prejudice to the rights that RASPBERRY may have under other provisions of the Agreement, where RASPBERRY has reasons to believe that a User has violated a term or condition of the Agreement, then RASPBERRY shall, in its sole discretion:

  • A. Suspend provision of Services; and/or
  • B. Suspend the account of the User until there is enough information available with RASPBERRY to determine whether the User had violated a term or condition of this Agreement; and/or
  • C. Suspend or terminate the account of the User where RASPBERRY has determined that the User had violated a term or condition of this Agreement; and/or
  • D. Approach User to make good that loss or damage caused to RASPBERRY as a pre-condition to revoke the suspension; and/or
  • E. Take any such action against the User as it permissible under law; and/or
  • F. Raise invoice of Services availed by the User; and/or
  • G. Disable and/or delete such User Content that is in contravention of the Agreement while preserving such information and associated records for the purpose of production to governmental authorities for investigation purposes.
PAYMENT, FEES AND TAXES:

You agree to pay all Service fees, consulting fees, reasonable out of pocket expenses and other fees applicable to Your use of the Services. While RASPBERRY will strive to give You a fair estimate of fees in advance, the actual fee may be dependent on the type of Services that You purchase and may vary based on the number or duration of the Services subscribed to.

You are solely responsible for payment of all taxes, legal compliances, statutory registrations and reporting. RASPBERRY is in no way responsible for any of the taxes except for its own income tax.

The fees could be paid online through the facility made on the Application. Third parties support and services are required to process online fee payment. RASPBERRY is not responsible for any loss or damage caused to User during this process as these third parties are beyond the control of RASPBERRY.

At the sole discretion of RASPBERRY, the fees could also be paid offline and be either collected personally from the User or required to be mailed to RASPBERRY at its registered office address.

All fees are exclusive of taxes. The payment process would be complete only on receipt of the amount to RASPBERRY’ designated bank account.

An invoice for fees against Services received by You will be generated periodically and will be intimated to You on the Application and/or on Your contact details. You may be requested to make the payment immediately or on a deferred basis, at the sole discretion of RASPBERRY. In case the fees against Services are not received within the requested timeframe, RASPBERRY reserves the right to stop provision of Services on immediate basis, permanently delete Your account and all information stored against your account and, suspend or terminate the Agreement. You will be solely responsible for the consequences of non-payment for the fees within the requested timeframe and have no right of recovery in any form against RASPBERRY. In order to process the payments, RASPBERRY might require details of Your bank account, credit card number etc. Please check our privacy policy AVAILBALE HERE on how RASPBERRY uses the confidential information provided by You.

RASPBERRY shall send an intimation of fee receipt through an email and/or your contact details within seven (7) working days of fee receipt from You.

OFFERS AND PROMOTIONS:

RASPBERRY and HSP may occasionally promote their Services on the Application available for you to purchase. We try to encourage HSP to offer good quality Services and materials at competitive prices but we have no control over them, we do not endorse the Services they offer, or give you any assurance that they will be suitable for your needs. It is your responsibility to satisfy yourself in this regard and we have no liability in connection with the same. All promotions are for limited period and subject to special terms and conditions, which are in addition and not to the terms and condition stated herein.

For the avoidance of any doubt, it is hereby clarified that any reference of the term ‘offer/offered for sale by the HSP’, as appearing in the Agreement, shall be construed solely as an ‘invitation to offer for sale’ by any such HSP.

ACTIVATION, DELIVERY, REFUNDS & CANCELLATIONS:

Activation Policy

For Services that require activation, an executive will get in touch with You within 2 business days of the purchase to help finish all paper formalities and activate the subscription and deliver all documents to the registered address within 10 business days of online purchase.

For Services that involve home visits, We will communicate the availability of the HSP at the time of providing the Service. If You wish to reschedule the home visit, You can select a preferred appointment date and time through the Application. While RASPBERRY does not guarantee availability of appointment date and time, it will try and confirm appointment as per Your preference.

For all RASPBERRY Services that require delivery, the estimated delivery date shall be provided to You on the Application at the time of placing the order.

You should check the items dispensed to you carefully promptly upon receipt. If you believe there may have been a dispensing error or goods have been tampered, you should contact us immediately and should not take the goods or use any of the items. Any complaints with regard to shortage of Goods, defects or otherwise will not be entertained by RASPBERRY once the same are accepted at the time of delivery.

Refund & Cancellation Policy

For internet-based subscription Services, You are free to cancel the Service at any time. RASPBERRY shall refund any unexpended advance fees paid by You at the time of cancellation of the Service. In case You wish to seek a refund of the advance paid by You because You do not agree with a modification to the Agreement, please write to grievances@carebyte.in, We will process refund of the unexpended amount.

Subjected to terms under clause ‘Use of Services’ of this Agreement for all home-based Services, RASPBERRY shall provide refund of any unexpended advance fees paid by You if:

  • A. RASPBERRY is not able to deliver the Services and/or Products for any reason. In case You wish to seek a refund of the advance paid by You because You believe;
  • B. RASPBERRY Service is not as per the specification provided on the Application or in case of any valid discrepancies please write to grievances@Carebyte.co within 15 days from availing the services. RASPBERRY will process a refund of the unexpended amount provided internal investigation confirms the claim made by you.
    PATIENT EMERGENCIES:

    The Services are not a replacement for emergency services offered at hospitals and should not be accessed if the patient is in a critical condition. In Medical Emergency (defined hereunder), please contact emergency services and/or rush to the nearest hospital.

    “Medical Emergency” will include a serious and unexpected situation that may involve illness or injury and requiring immediate medical attention in the absence of which, possess an imminent threat/risk to life and can potentially lead to death in the absence of the medical attention. In such situation patient (adult and minor) may undergo through any or multiple of the following conditions:

    • 1. development of chest pain;
    • 2. sudden breathing difficulty;
    • 3. inability to speak;
    • 4. inability to move any of the body parts;
    • 5. loss of consciousness;
    • 6. sudden loss of vision and/or hearing;
    • 7. not oriented to surrounding;
    • 8.sudden abnormal behavior;
    • 9. sudden irritability;
    • 10. extreme lethargy;
    • 11. extreme discomfort;
    • 12. sudden worsening of any pre-existing medical conditions;
    • 13. sudden development of severe pain.

  • REPRESENTATIONS AND WARRANTIES:

    By Using This Application, You hereby represent and warrant that:

    • 1. You are 18 years of age or older and that Your use of the Application shall not violate any applicable law or regulation;
    • 2. Where a minor may access or use the Application or Service, You will ensure that such access or use happens through Your account and under Your personal supervision. Further, You accept to be accountable and liable for the activity of the minor on the Application, including in respect of the Services availed on the Application;
    • 3. All registration information You submit is truthful and accurate and that You agree to maintain the accuracy of such information;
    • 4. You as a Registered User will use the Application solely for Your personal and non-commercial use. Any use of this Application or its content other than for personal purposes is strictly prohibited.

    RASPBERRY represents and warrants that:

    • 1. it is a company duly organized and has the power and authority to provide the Services and the Application;
    • 2. it has all permits, approvals and licenses necessary to carry out the Services and in fulfilling its obligations hereunder;
    • 3. by entering into this Agreement, RASPBERRY does not violate any of the previous arrangements entered into with other entities to which it is a party;
    DISCLAIMERS:

    You understand that there are inherent risks involved in receiving medical services over a mobile/computer platform, which include:

    • A. Information transmitted may not be sufficient (e.g., poor resolution of images) to allow for appropriate medical decision making by a HSP;
    • B. Your HSP may neither be able to provide medical treatment to You nor provide for or arrange for care that You may require in the case of an emergency;
    • C. Delays in medical evaluation and treatment could occur due to deficiencies or failures of the Application;
    • D. Security protocols could fail, causing a breach of privacy of Your confidential medical information.
    • E. A lack of access to complete medical records may result in errors in medical judgment.

    User may expect the anticipated benefits from the Services provided by RASPBERRY, HSPs and its authorized representatives, but no results can be guaranteed. User’s condition may not be cured or improved, and in some cases, may get worse.

    RASPBERRY hereby disclaims any responsibility towards Users in terms of development, maintenance and updating of the Application.

    Any modification, development, maintenance or updating of the Application and any modification, transfer, license or assignment of the rights in the Application shall be done by RASPBERRY as per its sole judgment and in its sole discretion.

    The Application and Services provided by RASPBERRY is provided “as-is,” as available, 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). To the fullest extent permitted by law, RASPBERRY disclaims all liability arising out of the User’s use or reliance upon the Application, the Services, the RASPBERRY Content, representations and warranties made by RASPBERRY or any opinion or suggestion given or expressed by RASPBERRY or its contractors and agents (including HSPs).

    Specifically, RASPBERRY disclaims any liability arising out of:

    • 1. Any pre-existing medical condition; or
    • 2. Any adverse drug reaction (due to any act or omission based on information found on the Application, or otherwise); or
    • 3. Sudden escalation of a prior medical condition or medical situations that occur on account of omission of critical and material health information by a User.

    RASPBERRY assumes no responsibility and shall not be liable for ways in which Your personal data is used. It is the responsibility of You alone to ensure that Your personal data is used in compliance to applicable privacy laws.

    RASPBERRY assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the Application or the downloading of any material, data, text, images, video content, or audio content from the Application. If a User is dissatisfied with the Application, User’s sole remedy is to discontinue using the Application.

    Neither RASPBERRY nor its contractors and agents (including HSPs) shall be liable to a User, monetarily or otherwise, for an occurrence wherein no medical or procedural negligence of RASPBERRY or its contractors and agents is proven.

    Use of the Application does not include the provision of a computer or mobile device or other necessary equipment to access it. To use the Application You will require internet connectivity and appropriate telecommunication links. RASPBERRY shall not have any responsibility or liability for costs incurred in procuring any equipment or telephone or other costs you may incur in connection with the use of the Application.

    Information regarding HSP and Services Information regarding HSP and RASPBERRY Services is intended for general reference purposes only. Such information often changes frequently and may become out of date or inaccurate. You are encouraged to independently verify any such information You see on the Application with respect to a HSP that You seek to engage through the Application.

    RASPBERRY DISCLAIMS ANY REPRESENTATION AND/OR WARRANTY FOR THE SECURITY, RELIABILITY, QUALITY, TIMELINESS, AND PERFORMANCE OF (I) THE APPLICATION AND ITS FEATURES; (II) HSP INFORMATION ON THE APPLICATION; (III) ANY SERVICE INFORMATION, CONTENT OR ADVICE AVAILABLE ON OR RECEIVED THROUGH THE APPLICATION (IV) ACCESS TO OR ALTERATION OF USER CONTENT OR RASPBERRY CONTENT (V) TRANSMISSIONS OR DATA AND (VI) ANY OTHER MATTER RELATING TO THE APPLICATION AND / OR SERVICES.

    RASPBERRY MAKES NO WARRANTY OR REPRESENTATION THAT ANY ERRORS IN THE APPLICATION WILL BE CORRECTED EXCEPT AS REQUIRED BY LAW.

    RASPBERRY ASSUMES NO RESPONSIBILITY AND/OR LIABILITY WITH RESPECT TO ANY INFORMATION WHICH YOU OR A HSP MAY POST ON THE APPLICATION AND YOU ARE SOLELY RESPONSIBLE FOR SUCH USER CONTENT POSTED ON THE SITE.

    YOU AGREE THAT THE OPEN AND REAL-TIME NATURE OF THE PLATFORM MAKE IT IMPOSSIBLE FOR RASPBERRY TO VOUCH FOR THE VALIDITY, AUTHETICITY AND HONESTY OF USER CONTENT. RASPBERRY IS NOT RESPONSIBLE FOR ANY USER CONTENT ON THE APPLICATION, OR FOR THE CONSEQUENCES OF YOU READING OR RELYING ON SUCH CONTENT. RASPBERRY DOES NOT PROVIDE ANY GUARANTEE AND SHALL NOT BE HELD LIABLE OR RESPONSIBLE FOR THE FAILURE TO SEND ANY COMMUNICATION, NOTIFICATION OR REMINDER TO YOU WHETHER AS A FEATURE OF THE APPLICATION OR NOT.

    RASPBERRY SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY BREACH OR LOSS OF DATA INCLUDING PERSONAL INFORMATION CAUSED DUE TO EVENTS BEYOND THE CONTROL OF RASPBERRY DUE TO TECHNICAL REASONS OR THIRD PARTY ACTIONS.

  • LIMITATION OF LIABILITY:

    To the fullest extent permitted by law, in no event will RASPBERRY or its contractors or agents (including HSPs) or any of their directors, officers, employees, agents or content or service providers (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, punitive, exemplary or consequential damages (including, without limitation, loss of business, revenue, profits, goodwill) arising from, or directly or indirectly related to, the use of, reliance on, or the inability to use or rely on, the Application or the Services, materials and functions related thereto whether or not RASPBERRY has been warned of the possibility of such damages or could have reasonably foreseen such damages.

    Notwithstanding anything to the contrary in this Agreement, in no event shall the total aggregate liability of the Protected Entities to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from the terms and conditions or a User’s use of the Application exceed, in the aggregate, INR 5000 or the amount of payment against Services that has been directly received by RASPBERRY from the User in the past three months, whichever is lower.

    INDEMNIFICATION:

    You hereby agree to indemnify, defend, and hold RASPBERRY, RASPBERRY’s contractors, agents, representatives and other authorized users (Registered and Non-Registered Users, Patients, HSPs), and each of the foregoing entities’ respective contractors, agents, representatives, service providers and suppliers, and all of the foregoing entities’ respective officers, directors, owners, employees, agents, representatives, harmless from and against any and all losses, damages, liabilities and costs arising from (i) Your use of the Application or Service (ii) Your breach of terms, conditions or provisions of this Agreement, or violation of any law, rules or regulations by the User, or due to such other actions, omissions or commissions of the User that gave rise to the claim., (iii) any negligent or intentional wrongdoing on Your part, (vi) misrepresentations or fraudulent feedback that has adversely affected RASPBERRY or its Users, (v) User’s actions resulting from the User’s viewing of Content on RASPBERRY Application, (vi) any legal or third party intellectual property right claim that may arise from the User Content and (vii) any such claim or liability arising out of unauthorized use of Application and content within the Application.

    USER ACCOUNT SUSPENSION:

    In the event where a User has breached the Agreement in RASPBERRY’s sole judgment or when RASPBERRY is unable to verify or authenticate any information provide by User to RASPBERRY or when or User fails to provide the consents necessary or desirable for RASPBERRY to provide the Services (or after providing such consent, later revokes), RASPBERRY reserves the right to suspend and / or terminate the User’s account and/or access to the Application by blocking Your IP address or email id with or without notice to the User. Any suspected illegal, fraudulent or abusive activity may be grounds for suspending and / or terminating User account and/or User access to the Application and/or Services. Upon suspension or termination, Your right to use the features on the Application including Services shall immediately cease and RASPBERRY may permanently remove or delete Your information that is available with RASPBERRY, including but not limited to login and account information.

    RASPBERRY shall not be liable to User or any third party for any claims or damages arising out of any termination or suspension of User’s account or any other actions taken by RASPBERRY in connection with such account termination or suspension.

    Once User’s account has been temporarily or indefinitely suspended or terminated, User may not continue to use the Application under the same account, a different account or re-register under a new account.

  • TERMINATION:

    This Agreement will remain in full force and effect while You use the Application in any manner or capacity.

    You can terminate Your relationship with RASPBERRY at any time by providing ninety (90) days’ prior written notice at legal@Carebyte.health. We need this period to inactivate User account, only after verifying if there are any ongoing or pending Services. RASPBERRY may require User to continue until the completion of an on-going Service should the situation warrant.

    RASPBERRY may terminate its relationship with You after providing 30 (thirty) days’ prior written notice to Your registered email address. However, it does not prejudice RASPBERRY’ right to refuse Service to You without providing any reason.

    RASPBERRY may terminate the Agreement without notice and with immediate effect where, in the sole opinion of RASPBERRY:

    • 1. Any material relating to personal and medical information furnished by a User appears to be untrue; or
    • 2. A User is critical or unstable or dead; or
    • 3. Provision of Services poses a risk to life of HSPs; or
    • 4. Financial dues have not been paid by a User within requested timeframe; or
    • 5. User fails to co-operate with HSPs or RASPBERRY; or
    • 6. HSPs and/or other RASPBERRY resources are no longer adequate, available and/or suitable to accommodate User’s health requirements.

    RASPBERRY reserves the right to suspended or withdrawn any non-paid version of any variant, tool, edition, add-on, and ancillary product or service of the Application from you personally or all users temporarily or permanently at any time and without notice. RASPBERRY may also impose restrictions on the length and manner of usage of any non-paid version of any variant, tool, edition, add-on, and ancillary product or service of the Application for any reason.

    RASPBERRY may change or update the non-paid version of any variant, tool, edition, add-on, and ancillary product or service of the Application without notice to you. If the need arises, we may suspend access to such part of the Application or close it indefinitely.

    APPLICABLE LAW, JURISDICTION OF COURTS AND DISPUTE RESOLUTION:

    The information provided under this Application and the terms and conditions therein are governed by and to be interpreted in accordance with laws of India.

    The parties shall be bound to submit all disputes and differences howsoever arising out of or in connection with this Agreement to arbitration by one (1) arbitrator, mutually appointed by the parties. The arbitration shall be governed by the Arbitration and Conciliation Act, 1996 as amended from time to time. The seat and venue of arbitration shall be Bengaluru, Karnataka. Subject to the aforesaid, the competent courts of Bengaluru, Karnataka shall have jurisdiction to grant urgent interim reliefs to the parties.

    The parties shall have the right to apply to a court of competent jurisdiction to obtain interim injunctive relief in respect of any dispute, pending resolution of such dispute in accordance with the Agreement.

  • MISCELLANEOUS:

    Severability: If any provision of this 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 the 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; provided however that, in such event the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.

    Notices: All notices and other communications required or permitted hereunder to be given to a party shall be in writing, in the English language, and shall be sent e-mail, or mailed by prepaid internationally-recognized courier or otherwise delivered by hand or by messenger, addressed to such party’s address as set forth below or at such other address as the party shall have furnished to the other party in writing in accordance with this provision:

    • If to RASPBERRY: Registered office address
    • If to You: at the email address provided by You to us when You registered as a User. If You are a Secondary User, You agree to receive communications and be notified at the email address of the Primary User.

    No term of the Agreement shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any party to, or waiver of a breach by the other, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

    Complete Understanding: The Agreement contain the entire understanding of the parties, and there are no other written or oral understandings or promises between the parties with respect to the subject matter of the Agreement other than those contained or referenced in the Agreement.

    Force Majeure: RASPBERRY shall not be liable for any downtime or delay or unavailability of the Application caused by circumstances beyond RASPBERRY’s reasonable control, including without limitation, cyber-attacks, acts of God, acts of government, floods, fires, earthquakes, civil unrest, acts of terror, strikes or other labor problems, internet service provider failures or delays, or denial of service attacks.

    Advertisement: RASPBERRY shall have the right to place advertisements and publicity materials of its choice, including that pertaining to parties other than itself for commercial use through electronic means on the Application.

    Assignment: You may not assign or sub-license, without the prior written consent of RASPBERRY, the rights, duties or obligations under this Agreement, in whole or in part, to any person or entity.

    Conflict: In the event there is any conflict between the terms of the Agreement, the following order of prevalence shall apply: (i) any additional Service-specific terms and conditions that may be agreed by You (ii) Privacy Policy (iii) the Terms of Use and (iv) any other policies applicable to specific pages of the Application.

    Survival: Even after termination, the provisions of the Agreement with respect to Platform as-is, Payment terms, Limitation of Liability, Indemnity, Intellectual Property, Dispute Resolution will continue and survive termination of this Agreement.

    Modifications: RASPBERRY reserves the right to modify any part of the Agreement at any time without giving You prior notice. No part of the Agreement shall stand modified unless consented to in writing by RASPBERRY.

    When RASPBERRY updates the Agreement, We will notify you through an email. Alternatively, RASPBERRY may cause Your account to be logged-off in and make Your subsequent account log-in conditional on acceptance of the Agreement.

    If You do not agree to the changes, please do not access or use the Application and the Services any further.