Tymon Healthcare Private Limited
This document is an electronic record in terms of the Information Technology Act, 2000 and the rules framed thereunder. This electronic record is generated by a computer system and does not require any physical or digital signatures.
www.tymonhealthcare.in/ Tymon Healthcare (hereinafter referred to as “Tymon Healthcare”, “Tymon Healthcare Application”, “Website” or the “Platform”, which term includes the website, sub-domains of the website, software, mobile application(s) or any other medium through which Tymon Healthcare may provide its services) is owned and operated by M/s Tymon Healthcare Private Limited, a Company incorporated under the provisions of the (Indian) Companies Act, 2013 having its registered office at B-XXX-2185/C-2 Village Gobindgarh, Ludhiana, Punjab 141017
- Tymon Healthcare is an internet based service provider that provides a healthcare platform intended to be used by end users / patients to connect with doctors / physicians / hospitals. Tymon Healthcare aims to be a world-class medical Internet of Things (“IoT”) device integrator that connects smart devices to enable trained healthcare professionals to monitor patients and their health on a real-time basis based on scientifically collected and mapped data. Tymon Healthcare integrates various devices used in hospitals with consumer medical devices on a single platform. The data collected from various sources is analysed using medical algorithms which have been co-created with various leading doctors. This allows doctors to gain real-time insight on patient’s adherence to prescriptions and enables them to provide better customised care to individual patients. Patients also are able to keep track of their ailments and treatment which helps them avoid future complications. Tymon Healthcare may require patients’ personal information, including sensitive personal information for collation, mapping and analysis, however such information shall only be collected with consent from the patients/ end users themselves and shall only be shared with trusted third parties, such as doctors and hospitals, and shall not under any circumstances be sold or shared to any other third party.
- Acceptance of these terms is a prerequisite for usage of services in the platform. By virtue of using these services, it is deemed that you accept all and any of the terms and conditions specified in the Agreement. The Agreement constitutes the entire agreement between you and Tymon Healthcare and governs your use of the Platform’s Service, superseding any prior agreements between you and Tymon Healthcare
- By using our Platform and the services provided through our Platform you herein represent and warrant that you are atleast 18 (eighteen) years old. Kindly refrain from using the Platforms if you are not 18 (eighteen) years old.
- SCOPE OF SERVICE
The Platform provides an internet based data aggregation service that collates, gathers, organizes and analyses data from different sources or devices to provide real-time feedback / overall view of a person/ User’s physiological health. The Platform provides an integrated service connecting patients to their doctors / hospitals and providing both parties real-time data in order to track treatment, behaviour and performance, thereby enabling a holistic and personally customized approach to health care management
Patients can use the Platform to integrate data from various smart devices that monitor different parameters or different aspects of their health. Patients cannot see data or details of any other person / patient or User and can only use the Platform for personal, non-commercial usage.
Doctors, hospitals and trained healthcare professionals can use the Platform to monitor and analyse variation in or discrepancies in different parameters of patients / Users on a real – time basis in order to better judge the effectiveness of any treatment regime and patients’ response to such treatment.
The Platform does not provide medical advice and should not be construed as a mechanism for Patients to self-diagnose or self-medicate. The Platform only offers a service of data collection and analyses and is meant to be used by trained healthcare professionals for better management of Patient treatment regimes. The Platform and the contents thereof are not to be construed as providing any medical advise and is not a substitute for consultation with a healthcare professional.
The Platform may collect sensitive personal information of patients/Users and share the same with persons entrusted by such patient / User to receive such information.
The Platform uses proprietary technology, software and medical algorithms designed and created by Tymon Healthcare in consultation with several leading doctors to analyse, evaluate and assess data collected by the Platform in respect of each individual patient / User.
- ACCESS AND TRANSMISSION OF CONTENTS OF THE PLATFORM
- The Platform may provide generic and general information to persons who casually visit / peruse the Platform. The Platform shall only provide its services to Users that register with the Platform.
- Registered Users must necessarily create a personal profile in order to use the Platform. Tymon Healthcare strives to ensure the confidentiality and security of each personal profile of registered Users. The personal profile created by such Users may require certain personal information, including sensitive personal information. Tymon Healthcare does not generate or provide any information on behalf of any User. The User is wholly responsible for accuracy and correctness of the information shared or uploaded by him / her and for the creation of an accurate profile. The User shall also be responsible for ensuring that the details of all medical devices used by him / her are correctly and accurately provided to the Platform
- Tymon Healthcare may collect, collate and organize data from different devices owned or used by the User and integrate the same into a collective document / page that may be viewed by the User as well as persons authorized by the User to have access to the integrated information / data, including doctors, hospitals or other trained healthcare professionals.
- No person without the express consent of the User shall have access to the content, data or personal information of a User. However, demographic data in respect of Users may be shared by Tymon Healthcare with its trusted third parties, business partners, affiliates or other entities
- Tymon Healthcare does not access your personal information. Tymon Healthcare uses proprietary software and technology to remotely analyse data and present the same in a manner easily perceptible or comprehensible to natural persons and healthcare professionals.
- You acknowledge and agree that your personal data may be stored using cloud services or off-shore. Such data may be transmitted to secure local servers and / or to devices or individual persons who have been authorized by Tymon Healthcare or by the User to receive such information.
- Your Use of the Content of the Platform : All the Content available for public access on this Platform is protected by copyright. Your use of the Content must therefore adhere to the following terms :
- Any downloading of Content is unauthorised and / or prohibited unless consent is received from Tymon Healthcare to authorize such download.
You may not modify any Content you download or print from the Platform or make any additional representations or warranty relating to it. Any attempt to make such modification shall be treated as hacking
You may not make or share any Content item originating from the Platform available for public access by any means whatsoever without obtaining prior written permission from this Platform.
You may forward Internet URLs (uniform resource locators) to third parties for private, non-commercial use, along with brief extracts that do not violate fair use guidelines
If any person/entity is found crawling the website for any commercial, business or other purposes, the same shall amount to offence and Tymon Healthcare shall be entitled to take appropriate action and claim damages, if any, as against such person/entity.
You may post, or otherwise make publicly available, excerpts from this Platform’s Content items, in any publicly accessible forum, so long as they follow standard fair use guidelines and this Platform is cited alongside the excerpt as the original source with a hyperlink to this Platform
You may view, use, copy, and distribute the Materials found on the Platforms for internal, non-commercial, informational purposes only. You are prohibited from data mining, scraping, crawling, or using any process or processes that send automated queries to Tymon Healthcare. You may not use the Platform to compile a collection of listings, including a competing listing product or service. You may not use the Platform or any Content for any unsolicited commercial e-mail. Except as authorized in this paragraph, you are not being granted a license under any copyright, trademark, patent or other intellectual property right in the materials or the products, services, processes or technology described therein. All such rights are retained by Tymon Healthcare, its subsidiaries, and/or any third party owner of such rights.
You may not incorporate any portion of the software / source codes into other programs or compile any portion of it in combination with other programs, or otherwise copy, modify, create derivative works of, distribute, assign any rights to, or license Tymon Healthcare software in whole or in part. All software, services and features used in the Website / Platform are the property of Tymon Healthcare or its software suppliers and is protected by applicable copyright laws.
Users are responsible for all information and content uploaded or published by them. You are solely responsible for personal information and acknowledge that You shall not furnish any false or misleading information. You acknowledge that in the event that you have furnished any such false information, Tymon Healthcare will have all rights to initiate appropriate legal action against you for the same, including sharing your sensitive personal information with jurisdictional or governmental authorities.
- Feedback :
- You are solely responsible for the content of any transmissions you make to the platform and any materials / data / information you add to the Platform, including but not limited to transmissions like your reviews, ratings and comments posted by you (the “feedback”). Tymon Healthcare does not endorse or accept any of your feedback as representative of their (Tymon Healthcare’s) views. By transmitting any public feedback to the Website, you grant Tymon Healthcare an irrevocable, non-exclusive, worldwide, perpetual, unrestricted, royalty-free license (with the right to sublicense) to use, reproduce, distribute, publicly display, publicly perform, adapt, modify, edit, create derivative works from, incorporate into one or more compilations and reproduce and distribute such compilations, and otherwise exploit such feedback, in all Platforms now known or later developed.
- You confirm and warrant that you have the right to grant the aforementioned rights to Tymon Healthcare. You hereby waive and grant to Tymon Healthcare all rights including intellectual property rights and also moral rights in your feedback, posted on the Platform. Tymon Healthcare is free to use all your feedback as per its requirements from time to time. You represent and warrant that you own or otherwise control all of the rights to the content that you post as feedback; that the content is accurate; that use of the content you supply does not violate these Terms and will not cause injury to any person or entity. For removal of doubts it is clarified that, the reference to feedback would also mean to include the reviews, ratings and comments posted by your friend’s tagged by you or who respond to your feedback. Also, Tymon Healthcare reserves the right to mask or unmask your identity in respect of the feedback posted by you.
- Tymon Healthcare are has the right, but not the obligation to monitor and edit or remove any content posted by you as feedback. Tymon Healthcare cannot review all feedback made on its Platform. However, Tymon Healthcare reserves the right, but has no obligation, to monitor and edit, modify or delete any feedback (or portions thereof) which Tymon Healthcare in its sole discretion deems inappropriate, offensive or contrary to any Tymon Healthcare policy, or that violate the following terms. Tymon Healthcare reserves the right not to upload or distribute to, or otherwise publish through the Site or Forums any Communication which :
- is obscene, indecent, pornographic, profane, sexually explicit, threatening, or abusive;
- constitutes or contains false or misleading indications of origin or statements of fact;
- slanders, libels, defames, disparages, or otherwise violates the legal rights of Tymon Healthcare or any third party;
- causes injury of any kind to any person or entity;
- infringes or violates the intellectual property rights (including copyright, patent and trademark rights), contract rights, trade secrets, privacy or publicity rights or any other rights of any third party;
- violates any applicable laws, rules, or regulations;
- contains software viruses or any other malicious code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- impersonates another person or entity, or that collects or uses any information about Site visitors.
- It is also clarified that, if there are any issues or claims due to your feedback, then Tymon Healthcare reserves right to take appropriate legal action against you. Further, you shall indemnify and protect Tymon Healthcare against such claims or damages or any issues arising directly or indirectly due to your posting of such feedback. Tymon Healthcare takes no responsibility and assumes no liability for any content posted by you or any third party on the Platform.
- You further acknowledge that conduct prohibited in connection with your use of the Platform includes, but is not limited to, breaching or attempting to breach the security of the Platform. You shall not under any circumstances view, download or share in any manner any personal information of any other User
- You shall not host, display, upload modify, publish, transmit, store, update or share any information that:
- belongs to another person and to which the user does not have any right;
- is defamatory, obscene, pornographic, paedophilic, invasive of other privacy including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
- is harmful to child;
- infringes any patent, trademark, copyright or other proprietary rights;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
- impersonates another person;
- threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation;
- contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
- is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;
- third-party reports violation of any of its right as a result of your use of the services and the Platform.
Notwithstanding the above, Tymon Healthcare reserves the right to, in accordance with applicable law, remove the content published, shared, transmitted, stored or generated on the Platform by You in the event such content is found to be in violation of Clause IV above.
- SHIPPING POLICY
- We care for you especially when it is the matter of your health, and thus we shall try and ensure that all the products you receive from us are on time, of the best quality, and in the optimum condition. We have a Pan India coverage of couriers to accelerate the process of product delivery at your address.
- We put our best efforts to deliver the product within 7-14 working days after it gets dispatched from the warehouse, depending upon the location of the shipment. However, under some unavoidable circumstances, your order might take longer to be delivered. Tymon Healthcare shall not be liable for any delay in the shipment or delivery of the product.
- CANCELLATION POLICY
- Tymon Healthcare only offers online payment options and COD (cash on delivery) is NOT an option for any services. You can contact Tymon Healthcare sales support at +91 96461 96461.
- It is hereby clarified that, once the order is shipped, it cannot be cancelled in transit and may only be cancelled and returned once it is received by the customer on such terms and conditions as may be applicable for cancellation of the order.
- All the rights to cancel any order without explanation are reserved with Tymon Healthcare, in case, where required circumstances could not be fulfilled. Tymon Healthcare will make sure that all the communication related to the cancellation of the order and refund of the amount will be done in a reasonable time duration.
- EXCHANGE POLICY
- We at Tymon Healthcare challenge ourselves continually to work for the betterment of the society where every individual enjoys good health and comfortable living. We work hard to deliver exceptionally good quality healthcare products at the most competitive price in the market.
- If the purchased product does not meet your expectations, you can easily return it within 10 days of delivery either by calling us at +91 96461 96461 (Working hours: Monday to Saturday, 9.00 am to 5.30 pm) or by sending us an email at firstname.lastname@example.org within 24hrs of delivery.
- Terms and conditions for return/exchange:
Return Policy is applicable only where the product has a manufacturing defect or damage. We do not accept returns in case of wrong product selection made by the customer. Also, general reasons such as not liking the color, design, fit, etc. would not be considered for return. We suggest you go through all product specifications, images, description, fit/size, etc. before purchasing any product.
- The product should not be damaged and must be returned with complete accessories and original packaging and invoice.
- Shipping charges if any shall not be refundable.
- If the product that you received is defective or damaged, please inform the company within 24 hours of delivery via email at email@example.com or by calling us on customer care at +91 96461 96461. Our customer care executive may call you to know the exact condition of the product.
- You can also choose to send back the product through courier within 48 hours after raising a return request.
- In case, the returned product does not meet the aforementioned conditions, it will not be accepted and will be returned back to the customer at their expense and the amount will not be reimbursed.
- Kindly ensure that the returned product is securely packaged in original packaging to avoid any damage during transportation.
- Please note that our pick-up facility is available in selected locations only.
- Refund Policy:
In case of customer request for refund, it will be processed through the online payment method within 10 working days after the quality check has been done on the returned product. Refunds being processed is at the sole discretion of Tymon Healthcare and shall be initiated only if Tymon Healthcare is satisfied that the retuned product has a manufacturing defect or damage and is returned as per the terms of the return or exchange policy as mentioned hereinabove.
- PAYMENT TERMS :
The User shall make the payments to avail the Services or to make purchases through the Platform through the third-party payment gateway made available on the Platform. Tymon Healthcare shall have no role to play in case of any dispute related to payments/refunds. It is expected that the User shall contact the third-party payment gateway and/or the bank for any payment related issues. The collection and usage of payment related information is governed by the policies of the payment gateway provider.
- DO NOT SEND US OR UPLOAD ANY CONFIDENTIAL OR PROPRIETARY INFORMATION.
- DISCLAIMER OF WARRANTIES
- Your use of this Platform is at your own risk. This Platform is provided by Tymon Healthcare on an “as is” and “as available” basis. To the full extent permissible by applicable law, the Platform disclaims all warranties, express or implied, including, but not limited to, implied warranties of accuracy, precision and correctness of information collected or provided by the Platform.
- This Platform, makes no representations or warranties of any kind, express or implied, as to the operation of the Platform or the information, content, materials, or products on the Platform, including that:
- This Platform and its services will meet your requirements.
- This Platform will be uninterrupted, timely, and secure or error free.
- The quality of any products, services, information or other material purchased or obtained by you though this Platform will meet your expectations, be reliable or accurate, and
- Errors in the software will be corrected within reasonable time.
- Your sole remedy for dissatisfaction with this Platform, site-related services and/or Content or information contained within the site is to stop using the site and/or its services.
- Any material downloaded or otherwise obtained through the use of this Platform is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the do.
- LIMITATION OF LIABILITY:
- In no event shall Tymon Healthcare be liable to any User on account of such User’s use, misuse or reliance on the Platform for any damages whatsoever, including direct, special, punitive, indirect, consequential or incidental damages or damages for loss of profits, revenue, use, or data whether brought in warranty, contract, intellectual property infringement, tort (including negligence) or other theory, even if Tymon Healthcare is aware of or has been advised of the possibility of such damage, arising out of or connected with the use (or inability to use) or performance of the Platform, the materials or the internet generally, or the use (or inability to use), reliance upon or performance of any material contained in or accessed from any platforms. Tymon Healthcare does not assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product or process disclosed on the platforms or other material accessible from the platforms.
- The User of the Platform assumes all responsibility and risk for the Use of this Platform and the internet generally. The foregoing limitations shall apply notwithstanding any failure of the essential purpose of any limited remedy and to the fullest extent permitted under applicable law. Some countries do not allow the exclusion or limitation of liability of consequential or incidental damages, so the above exclusions may not apply to all users; in such countries liability is limited to the fullest extent permitted by law.
- Tymon Healthcare cannot authenticate or verify any of the data collected from any device owned or used by any User. Tymon Healthcare shall bear no liability whatsoever for any misinformation or inaccurate information provided by any device owned or used by any User, whether or not such information is relied upon by Tymon Healthcare and / or any healthcare professional. Tymon Healthcare shall not in any way be liable for any defect, flaw or deficiency in the device owned or used by any User or the data generated by such device.
- Tymon Healthcare reserves the right to advertise on the Platforms but does not endorse any services, persons or products as advertised. Users are advised to use their discretion with respect to the advertisements and should read all the terms and conditions relating to the product as provided by the manufacturer of the product before making such purchase through the Platform.
- By using the Platform and/or registering yourself on the Platform you authorize us to contact you via email or phone call or SMS and offer you our services, imparting product knowledge, offer promotional offers running on the Platform & offers offered by the associated third parties, for which reasons, personally identifiable information may be collected. And irrespective of the fact if also you have registered yourself under DND or DNC or NCPR service, you still authorize us to give you a call from Tymon Healthcare for the above-mentioned purposes till 365 days of your registration with Tymon Healthcare
- You hereby agree to indemnify, defend and hold harmless Tymon Healthcare, , licensee, subsidiaries, successors, assigns and their respective office affiliates, agents, directors, officers, employees and shareholders from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys’ fees, resulting from:
- Any activity related to your account, be it by you or by any other person accessing your account with or without your consent unless such activity was caused by the act or default of Tymon Healthcare;
- If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Tymon Healthcare and its affiliates, officers, agents, directors, shareholders and employees from any claim, suit or action arising from or related to the use of the services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
- Third Party Services :
- While using the Website / Platform, you may also be using the services of one or more third parties, such as wireless carrier or a mobile software provider. Your use of these third party services may be subject to the separate policies, Conditions of Use, Service Terms and fees of these third parties.
- You shall be solely responsible for your mode of accessing the Website and such access may involve third party fees including airtime charges or internet service provider(s)’ charges, etc., which shall be exclusively borne by you.
- Third Party Services :
This Platform reserves the right to update, change, modify, add or remove the terms, conditions and notices of the Agreement without any prior notice to you. It is your responsibility to periodically review the most current version of the Agreement as your continued use of this Platform signifies your acceptance of any changed terms. As long as you comply with these Terms & conditions, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform.
- Monitoring of Materials Transmitted By You : Changes may be periodically incorporated into the Platform. Tymon Healthcare may make improvements and/or changes in the products, services and/or programs described in the Platform without any prior notice. We are under no obligation to monitor the material hosted or published on or transmitted to the Platform. However, anyone using the Platform agrees that Tymon Healthcare may monitor the Platform’s contents periodically to (1) comply with any necessary laws, regulations or other governmental requests; (2) to operate the Platforms properly or to protect itself and its users. Tymon Healthcare reserves the right to modify, reject or eliminate any material residing on or transmitted to its Platform that it, in its sole discretion, believes is unacceptable or in violation of the law or these Terms and Conditions.
- Deletions from Service Tymon Healthcare may delete any materials or content at the request of the user who submitted such material or content or at the request of a retailer / manufacturer / owner who has decided to ‘opt-out’ of the addition of materials or content to its advertising, including, but not limited to ratings and reviews provided by third parties. Tymon Healthcare reserves the right to delete (or to refuse to post to public forums) any material, information or content it deems detrimental to the system or is, or which may be, in the opinion of Tymon Healthcare, defamatory, infringing or violate of applicable law. Materials submitted to the Website for publication may be edited for length, clarity and/or consistency with Tymon Healthcare’s editorial standards
- Notices All notices, demands and other communications between you and Tymon Healthcare must be in writing and will be deemed to have been given (a) if mailed by registered post (b) if delivered by courier, (c) if sent by facsimile transmission and such transmission is confirmed as received, or (d) if sent by electronic mail, and such message is confirmed as received, in each case to the address, fax number or e-mail address specified below.
B-XXX-2185/C-2 Village Gobindgarh, Ludhiana, Punjab 141017
- False Information : If at any point of time, Tymon Healthcare finds that the information provided by you in your registration or web mail is false, Tymon Healthcare reserves the right to terminate your account and remove all or any content previously posted by you. You hereby agree to: (a) provide true, accurate and complete information about yourself to Tymon Healthcare / the Platform; and (b) maintain and promptly update the details or information to keep it true, accurate, current and complete.
- Dispute Resolution :
- If any dispute, controversy or claim arises out of, or in relation to, or in connection with this Agreement or its termination or validity, the parties shall attempt to mutually resolve the same through mediation.
- However, if the parties fail to resolve the above dispute within a period of 30 days, the same shall be referred to binding Arbitration under the provisions of the Arbitration and Conciliation Act, 1996, as amended from time to time.
- The arbitration shall be conducted by a sole arbitrator, to be appointed exclusively by Tymon Healthcare. The place of arbitration shall be Bangalore, India and the arbitral proceedings shall be conducted in English.
- The award of the arbitrator shall be final, conclusive and binding upon the parties
- Entire Agreement : These Terms constitute the entire agreement between you and us with respect to the subject matter of these Terms and supersedes all prior written and all prior or contemporaneous oral communications regarding such subject matter. Accordingly, you should not rely on any representations or warranties that are not expressly set forth in these Terms.
- Force Majeure: Tymon Healthcare shall not liable for any losses, and/or breaches caused under this Agreement due to occurrence of any force majeure event. Force Majeure Event shall mean an event, or a series of related events, that is outside the reasonable control of the party affected (including failures of the internet or any public telecommunications network, failures of Tymon Healthcare’s hosting provider, hacker attacks, denial of service attacks, virus or other malicious software attacks or infections, power failures, industrial disputes affecting any third party, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks, pandemic and its impact and wars);