Healthtech Pivot Limited Liability Partnership, a limited liability partnership, bearing registration number AAI-9300 incorporated under the laws of India and having its registered office at 702A, Sai Sanskar Soc, Sion Trombay Road, Deonar Mumbai – 400088, Maharashtra (“Healthtech”) owns and operates a website (“Website”) and mobile based application (“Mobile App”) (hereinafter collectively referred to as “Applications”) which can track Radio Frequency Identification (“RFID”) tags to facilitate workflow automation in hospitals (“Clients”) (hereinafter collectively referred to as “Pivot Smartflow”).
Use of Pivot Smartflow by Clients may result in reducing cost, increasing efficiency, improving traceability of inventory by allowing Users to introduce unique device identification for instruments, tracking workflow easily and cost-effectively, gathering accurate and real-time data on User’s instruments.
User Account and Registration Obligations
The User agrees, undertakes and confirms that his/her use of Pivot Smartflow shall be governed by the following principles:
- The User shall access the Applications only for lawful purposes and shall be responsible for complying with all applicable laws, statutes and regulations in connection with the use of Applications.
- Healthtech claims its ownership on the design/s, the development of Applications, the idea on which the Applications are floated, and other material and products.
- The User shall not probe, scan or test the vulnerability of Applications or any network connected to the Applications nor breach the security or authentication measures on the Applications or any network connected to the Applications.
- The User agrees not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Applications.
- The User shall not:
- reverse engineer, decompile or disassemble the Applications;
- modify or create derivative works of the Applications;
- publish the results of any benchmark or similar tests it performs on Applications.
Subscription Fee and Details
Healthtech provides a subscription service that allows Client or other Users through Client to use and access Pivot Smartflow. Healthtech shall provide details such as but not limited to Subscription Fee, Client’s membership period on the Applications, etc., with relation to the subscription service subscribed by Client (“Subscription Details”).
Disclaimer for Use of Applications
The Client is solely responsible for use of Applications and for the accuracy and adequacy of information and data furnished by it for processing. The Client has full responsibility for the care and well-being of its patients and any reliance by it upon the Applications will not diminish that responsibility. The Applications are not designed, intended or authorized for use in or as a lifesaving or life-sustaining system, or for any other application in which the failure of Applications could create a situation where personal injury or death may occur. The Applications are not designed or intended to be a substitute for professional medical advice, diagnosis or treatment and should not be used to replace or as a substitute for professional medical advice, diagnosis, treatment or judgement. The User warrants that in the course of providing any service, all medical treatment decisions are based entirely upon the Client’s (or its staffs’ or contractors’) professional medical judgement and in accordance with generally accepted standards of medical practice, including without limitation, verifying critical outputs of Applications, confirming the accuracy of life-threatening information and critically important results in the same manner that such information and results would be confirmed or verified if they were in paper form and as would be required by generally accepted standards of medical practice. The Client is solely responsible for assessing the suitability of Applications for use at its premises and other facilities and shall be solely responsible for personal injury, professional or public liability or death that may occur as a result of its use of Applications. The Client hereby agrees to use the Applications only for the purposes mentioned and strictly in accordance with the documentation provided. We will not be held responsible for mal-functioning of the Applications or inaccuracies, in case of Client and other Users not strictly adhering to instructions and requirements as detailed out in the documentation provided by us.
Should the Client purchase or use the Applications for any unintended or unauthorised use, the Client shall indemnify and hold Healthtech and its officers, subsidiaries and affiliates harmless against all claims, costs, damages, and expenses, and legal fees arising out of, directly or indirectly, any claim of product liability, professional liability, public liability, negligence, medical misadventure, accident, personal injury or death associated with such unintended or unauthorised use, even if such claim alleged that Healthtech was negligent regarding the design or coding of Applications.
DISCLAIMER OF WARRANTY
Healthtech warrants to Client that the Applications will materially perform in accordance with the documentation provided, during the subscription period. For avoidance of doubt, it is hereby clarified that Healthtech shall not be held responsible for proper functioning of the Applications in case of a User not strictly adhering to instructions and requirements as detailed out in the documentation provided by Healthtech. Except for the foregoing, Healthtech gives no express warranties, guarantees or conditions to the extent permitted at law. Further the functionality of the hardware accompanying the Applications is constrained by standard technological limitations as is inherent to hardware of such nature. In addition to the aforementioned the functionality of the hardware is subject to the limitations as described in the accompanying documents and user instructions provided to the Client. This Clause does not alter Client’s rights under any relevant consumer rights under applicable local laws which may be applicable and cannot be excluded. To the extent legally permitted, Healthtech excludes the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Collection of Personal Information
When a User uses the Applications, we collect and store its information like name, email address, mobile number, employee code, etc. The main objective in doing so is to provide Client with a secure, efficient and customized experience.
If User intends to avail / use Pivot Smartflow and/or share its personal information with Healthtech through the Applications, it is solely at its own risk and volition.
If Users send any personal correspondence to Healthtech, such as e-mails, Healthtech may collect such information into a file specific to the User.
We store data (including but not limited to patient id, surgeon name, name, date and time of procedure, User’s email address, employee code, department details, etc.,) on the cloud.
Use of Users’ Information
We as information controller may use personal information for statistical analysis to develop and improve our Applications and to update Users’ records.
Further, we may use personal information for any other purposes with prior permission.
Managing Users’ Information
Pre-approved Sharing of Information
Disclosure to third party service providers: We may contract with various third parties who help us in maintenance and improvement of the Applications and Pivot Smartflow. For example, we may engage a third party to provide cloud storage services to us, etc. We will use commercially reasonable efforts to prevent such third parties from disclosing Client’s and other Users’ personal information, except for the purpose of providing the services in question. We cannot guarantee that such third parties will not disclose Users’ personal information.
Disclosure under law: Healthtech may disclose personal information, without obtaining prior permission, if required to do so by law or if, in good faith, it believes that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process or to protect the interests of Healthtech.
When Users use the Application, or send emails or other data, information or communication to us, User agrees and understands that it is communicating with us through electronic records and User consents to receive communications via electronic records from us periodically and as and when required. We may communicate with User by email, push notifications or by any other mode of communication, electronic or otherwise.
Limitations and Exclusion of Remedies and Damages
- Limitation: To the extent legally permitted, under no circumstances will Healthtech be liable for any consequential, incidental, indirect, punitive or special damages, or any other financial damages, such as lost profits or damages due to late delivery, whether foreseeable or unforeseeable, based on claims of Users (including, but not limited to, claims for loss of data, goodwill, loss of business, damage to reputation, use of money, interruption in use or availability of data, stoppage of other work or impairment of other assets), which may arise out of any of the following: breach or failure of express or implied warranty, breach of contract, misrepresentation; negligence, strict liability in tort, or any other theory of liability.
- Insolvency: Either Party may terminate this agreement immediately on notice to the other Party, if the other Party becomes insolvent.
- In the event the Dispute cannot be resolved amicably by Parties within 30 (thirty) days from the date of notification of Dispute by one Party to the other, the Dispute shall be resolved by arbitration conducted by a single arbitrator appointed in accordance with the Arbitration and Conciliation Act, 1996, as applicable in India, with its statutory modifications, enactments or re-enactments thereto as amended.
- In case Parties are unable to reach an agreement on the appointment of a sole arbitrator, the Dispute shall be resolved by a panel of 3 (three) arbitrators. Each Party shall appoint 1 (one) arbitrator and the third presiding arbitrator shall be jointly appointed by the 2 (two) arbitrators so appointed.
- The place of arbitration shall be Mumbai and the language to be used in the proceeding shall be English. The Parties agree that the arbitration award shall be binding on them and that the arbitral award shall be the sole and exclusive remedy regarding any claims, counterclaims or issues presented to the arbitrators.
Assignment: The User may not delegate or subcontract any of its duties or assign, transfer or sublicense any of its rights or obligations under this agreement, whether voluntarily or involuntarily, by operation of law, change of control or otherwise, without Healthtech’s prior written consent. Any attempted assignment, delegation and/or transfer in violation will be null and void.
- Notices: Either Party will give any required notice under this agreement to the other at the address or email details as last notified to the other. Notice will be effective once received and will be deemed to be received if posted nationally (on the fourth day), posted internationally (seven days after posting) or emailed (when successfully received at the recipient’s mail server).
- Contact Us
Users may leave us their feedback at any time using our “Contact Us” feature.
- Grievance Officer
As required under the Information Technology Act, 2000 and rules made thereunder, the details of the Grievance Officer are as below:
Healthtech Pivot Limited Liability Partnership
A107 Arjun Centre, BKS Devshi Marg, Govandi Mumbai – 400088
Time: Monday to Saturday 10:00 AM to 6:00 PM
This document is an electronic record in terms of the Information Technology Act, 2000 and rules thereunder (as modified or amended from time to time). This electronic record is generated by a computer system and does not require any physical or digital signature.