HDgtl - CHIP - Terms of Service

Effective date: 21 November 2020

If you reside outside the European Union (EU), European Economic Area and Switzerland (“Europe”) and USA, You are entering into these Terms of Service with HDgtl India Pvt Limited. If you reside in Europe, USA the applicable terms are available separately HDgtl India Pvt Limited (“Hdgtl” or “we”) offers users (“Users” or “You”) wellness management services through various software applications and services, including but not limited to the “Wellatwork” application. These Terms of Service and the Wellatwork/Hdgtl Privacy Policy (the “Terms”) will govern Your use of HDgtl’s software applications, websites, web service API, tools or other services and features provided by HDgtl from time to time (collectively “Services”). By accessing or using any of the Services, You, agree to be bound by these Terms. By using the HDgtl application You confirm that You are a resident of the country outside Europe, UK, USA to which the international dialing code of the phone number that you have registered to enable access to our Services belongs. Where other third-party services are made available as part of our Services, then the respective third party terms of service and privacy policy shall apply to any such use by You. If You are registering with HDgtl as a business entity, You, represent that You have the authority to legally bind that entity.

Certain features of the Services may be subject to additional guidelines, terms, or rules, which will be posted in or on the Services in connection with such features. All such additional terms, guidelines and rules are incorporated by reference into these Terms.

1. PERSONAL INFORMATION

We are firmly committed to the security and protection of personal information of our Users and the Services. The HDgtl Privacy Policy describes how we collect, use, share and process personal information and You acknowledge and agree that HDgtl may collect, use, share and process personal information as described therein.

2. GRANT OF RIGHTS

Except as otherwise agreed separately in writing between us and subject to Your compliance with these Terms at all times, HDgtl grants You a personal, non-exclusive, non-transferable and limited right to use the App and its Services for Your own personal, non-commercial use. You are not allowed to use the HDgtl Services on any device that You do not own or control. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the HDgtl software applications, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent expressly permitted by these Terms or may be permitted by the licensing terms governing use of any open source components included in the HDgtl software applications).

You are not granted any right to use HDgtl’s name, trademarks, or other commercial symbols. All rights not expressly granted to You under these Terms shall be retained by HDgtl.

3. SUPPORT

HDgtl strives to provide adequate and efficient technical support, upgrades, and updates for the Services. HDgtl shall, however, not be under any obligation to provide support or maintenance for the Services under these Terms and reserves the right to limit or discontinue the support, upgrades and updates provided from time to time.

4. USER OBLIGATIONS AND RESTRICTIONS

You guarantee that any information and other content, such as Your profile information and information regarding the contacts contained in Your device’s phone book, that You may share with HDgtl as a User of the Services (together “Content”), to the best of Your knowledge, is correct, not in violation of applicable law, will not corrupt or disrupt the Services, and that you have the right to share the Content with HDgtl in order for HDgtl to provide the Services and share the Content with other Users.

Except as otherwise agreed separately in writing between us, You shall not make any commercial use of the Services or the Content or otherwise transfer for value the Services or the Content. You agree not to challenge HDgtl's rights in, or otherwise attempt to assert any rights in, the Services or any Content provided by other Users, except those rights explicitly granted under these Terms. You agree to use the Services and Content only as expressly permitted under these Terms.

You agree not to use the Services, Content or information to attempt to circumvent the regular operation of the Services, or reduce the fees or consideration that we may derive from the Services by any means including by creating multiple accounts, redirecting traffic, following other fraudulent or deceptive practices, creating a parallel repository thereof, or seeking to by-pass the Services or compete with us.

Scraping of any information contained in the Services, by use of automated systems or software to extract data, including any Content and any third party information accessible via the Services, is strictly prohibited.

You may not use the Services or the Content in any way, which is illegal, harmful, or may be considered offensive by HDgtl, other Users or third parties. You agree not to exploit the Services or the Content in any unauthorized way whatsoever, including but not limited to, trespassing or burdening network capacity. You further agree not to use our Services or Content in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and You acknowledge and agree that HDgtl is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using the Services. Notwithstanding any other remedies available to HDgtl, You agree that HDgtl may suspend or terminate Your use of the Services without notice if You use the Services or the Content in any prohibited manner, and that such use will be deemed a material breach of these Terms.

You may not use or otherwise export or re-export the Services except as authorized by United States law and the laws of the jurisdiction in which the Services were obtained. In particular, but without limitation, the Services may not be exported, re-exported or otherwise made available (a) into any country or region embargoed by the U.S. Government, or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Services, you represent and warrant that you are not located in any such country or on any such list. If You obtain access to any subscription-based Services in breach of these Terms, we reserve the right to cancel such subscription without any refund of fees in accordance with applicable law.

You may contact HDgtl at support@HDgtl.com to report any violation or infringement of Your rights by Users of the Services.

5. PROPRIETARY RIGHTS

The Services are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. HDgtl and its licensors shall retain ownership in and to the Services and to all related intellectual property rights, including without limitation copyrights, trademarks, trade names, database rights and patents. You are granted only a limited right to use the Services subject to these Terms and no intellectual property rights are or will deemed to be transferred or licensed to You except as contemplated herein.

6. CONTENT

You are solely liable for any content that You post or communicate directly in or on the Services and You agree to only post or communicate content that:

  • is true and not false or misleading;
  • is not likely to be deemed threatening, disparaging, defamatory, pornographic, racially or ethnically offensive, discriminatory, insulting, slanderous or otherwise illegal or inappropriate;
  • belongs to You, or which You have a right to distribute;
  • does not constitute an infringement of the intellectual property or privacy rights of any third party;
  • does not constitute information that you are not legally entitled to distribute (such as insider information or confidential information);
  • does not contain any unsolicited or unauthorised advertising, promotional material, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other form of solicitation; and
  • does not contain software virus or any other technology that may harm the Services, or the interests or property of our Services or the other Users of the Services.
  • is accurate, fair, and is not disparaging of us, the Services, or other Users. Further, You agree to be fair, accurate and non-disparaging while reporting numbers, leaving comments, suggestions, feedback, testimonials and reviews on or about the Services.

HDgtl appreciates the opportunity to be notified of any objectionable user generated content posted or communicated by a User directly in or on the Services. Please contact us at support@HDgtl.com to report any objectionable user generated content. HDgtl hereby reserves the right in its absolute discretion to remove any user generated content from the Services.

7. THIRD PARTY CONTENT

The Services may contain links to external content provided by third party websites and services. Such third party content, websites and services may be subject to the respective third party terms and conditions and HDgtl will not be liable for any such third party content, websites or services.

8. DISCLAIMER

Mobile App Disclaimer
By downloading, accessing, or using the HDgtl/ Wellatwork Mobile app or any page on this app, you signify your assent to this disclaimer. The contents of this app including without limitation, all data, information, text, graphics, links, and other materials are provided as a convenience to our app and are meant to be used for informational purposes only. We do not take responsibility for decisions taken by the user based solely on the information provided in this app.

Use of this app is at your own risk. The app is provided on an “AS-IS” basis. To the maximum extent permitted by law: 1) HDgtl disclaims all liability whatsoever, whether arising in contract, Tort (including negligence) or otherwise in relation to the app and 2) all implied warranties, terms and conditions relating to the app (whether implied by statute, common law or otherwise), including (without limitation) any warranty, term or condition as to accuracy, completeness, satisfactory quality, performance, fitness for purpose or any special purpose, availability, non-infringement, information accuracy, interoperability, quiet enjoyment and title are, as between future and you, hereby excluded. In particular, but without prejudice to the foregoing, we accept no responsibility for any technical failure of the internet and od the app, or any damage or injury to users or their equipment as a result of or relating to their use of the app. Statutory rights are not affected.

HDgtl makes no warranty or representation that the Services are available for use in any particular location. To the extent you choose to access and use the Services, You do so at your own initiative and are responsible for compliance with any applicable laws in connection with such access and use of the Services.

Diagnosis of your health is always done by your Doctor
Further, this mobile app is intended to be decision support system for diagnosing conditions and is not intended to replace the judgment of healthcare providers/ medical professionals. Any medical treatment, confirmation of diagnosis will need to be completed and performed by your licensed medical services provider only. Likewise, Doctors/ Healthcare providers should exercise their own independent clinical judgment when using the mobile app in conjunction with patient care.

Device Security is your responsibility
This mobile app stores and processes data that you have provided to us for enabling analysis of health conditions and pointing you to the right medical source for interventions. It is your responsibility to keep your mobile phone/ device and access to the app secure. We therefore recommend that you do not jailbreak or root your phone/ device, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your device vulnerable to malware/ viruses/ malicious programs, compromise your phone’s security features and it could mean that Wellatwork will not work properly or al all.

Third Party Services
This privacy policy of HDgtl/Wellatwork does not apply to the practices of third party service providers that we do not own or manage including but not limited to any third party websites, services, applications or businesses (Third Party Services). While we try to work only with those Third-Party Services that share our respect for your privacy, we do not take any responsibility for the content or privacy policies of those Third-Party Services. A hyperlink or a link to access a third party services website/ mobile application does not mean that HDgtl endorses or accepts any responsibility for the content, or the use of the linked website or mobile application and you do so entirely at your own risk.

Legal Disclaimer
HDgtl has made every effort to ensure accuracy and reliability of information provided in this app. However, the information is provided “as-is” without any warranty of any kind. HDgtl does not accept any responsibility or liability for the accuracy, content, completeness, legality, or reliability of the information contained on this website/ app.

HDgtl Inc does not warrant 1) That the application’s functions or any services or content will be uninterrupted or free of errors or omissions. 2) That defects will be corrected. 3) That the application or the servers hosting the content are free of viruses or any harmful code. Or 4) That the application or services or content available through the application will continue to be available indefinitely. HDgtl Inc shall have no liability for any such issues and disclaim any express or implied warranties including without limitation, non-infringement, merchantability, fitness for a particular purpose. Title, Quality, Availability and as to subject matter of content. The application, services, content are provided “AS-IS” available and with all faults.

Accuracy
HDgtl has worked to ensure accuracy of the information it provides through its products and services including through its web, database, email, and mobile application properties. The product ratings, images, conclusions, recommendations and findings that appear on the HDgtl / Wellatwork web, database and mobile application properties or in email messages reflect HDgtl’ s research at the time of publication. Please be advised that this information frequently relies on data obtained from many sources and accordingly, HDgtl cannot guarantee the accuracy of the information provided or any analysis based thereon. Moreover, in the light of evolving regulatory and market conditions, subsequent product reformulations and other factors, this information may no longer be current.

You understand and acknowledge that the Services may be unavailable from time to time and that HDgtl will not be liable for Your inability to use the Services for whatever reason.

9. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT HDGTL SHALL IN NO EVENT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, DATA AND GOODWILL, ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES OR THE CONTENT, even if advised of the possibility of such damages. In particular, and without limitation, HDgtl shall have no liability for any information stored or processed within the Services, including the costs of recovering such information. Your only right or remedy with respect to any problems or dissatisfaction with the Services, is to uninstall the HDgtl applications and cease to use the Services.

HDGTL SHALL NOT BE LIABLE FOR THE VALIDITY, RELIABILITY OR CORRECTNESS OF THE CONTENT AND INFORMATION PROVIDED THROUGH AND IN CONNECTION WITH USE OF THE SERVICES. ANY USE OF THE CONTENT AND INFORMATION OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK.

Nothing in these Terms shall limit or exclude our liability for any liability that mandatorily cannot be limited or excluded by law, including any rights You may have as a consumer under mandatory consumer law.

10. SUBSCRIPTION CHARGES

HDgtl offers certain features or services for which a fee will be payable (“Paid Services”). Your purchase of the Paid Services may be subject to foreign exchange fees if any or differences in prices based on location. If You purchase or subscribe to such Paid Services, You agree to pay us the applicable fees (“HDgtl Fees”) and taxes in accordance with the applicable third party payment and billing terms, based on the platform You are using, which are incorporated herein by reference. You will be charged the applicable fees and taxes during the subscription period unless You cancel the Paid Service, in which case You agree to still pay these fees through the end of the applicable subscription period. We may change the HDgtl Fees from time to time by posting the changes in or on the Services or by notifying You in advance. All fees are, except as otherwise expressly provided herein or as required by applicable law, non-refundable. Failure to pay these fees may result in suspension or termination of your Service or subscription.

You acknowledge that You are fully responsible for the Internet connection and/or mobile charges that You may incur for using our Services. Please consult Your carrier, mobile operator, etc. for further information.

11. TERMINATION

Your right to use the Services continues until these Terms are terminated. HDgtl may terminate the Terms and Your use of the Services at any time with thirty (30) days’ advance notice. You may terminate the Terms at any time by uninstalling the HDgtl applications and ceasing the use of the Services. These Terms will automatically terminate if You fail to comply with them. Upon any termination, You agree to cease using the Services. Upon termination by You, or by HDgtl due to Your breach of these Terms, You will not be refunded any license fees or other prepaid fees, if any. Upon termination by HDgtl without cause, You will be refunded any unused prepaid fees upon Your written request, provided a receipt of such fees and a clear payment instruction are included in Your request.

Provisions of sections Disclaimer of Warranties, Limitation of Liability, Termination and Governing Law shall survive any termination of these Terms.

12. ASSIGNMENT

HDgtl reserves the right, at its own discretion, to freely assign and transfer the rights and obligations under these Terms to any third party.

13. ADDITIONAL TERMS AND CHANGES

As HDgtl provides global Services, additional Terms of Services may apply to Users in certain jurisdictions and will in such cases be made available in appendices and incorporated hereto.

HDgtl may change the Services at any time, such as by adding or removing features or discontinuing the Services. HDgtl also reserves the right to modify these Terms at any time by providing revised Terms to the User or by publishing the revised Terms within the Services. In case of material changes, the User shall always be notified thereof and provided the option to immediately terminate the Services. If You choose to terminate the Services, You, will not be refunded any unused prepaid. The revised Terms shall become effective upon such publishing or notification to the User. You will always find the latest version of these Terms at https://www.HDgtl.com Any continued use by You of the Services following publication or notification of revised Terms shall constitute Your acceptance to the revised Terms.

14. GOVERNING LAW

These Terms shall be governed and construed in accordance with the laws of India. You agree that any legal action or proceedings may be brought exclusively in the competent courts/tribunals having jurisdiction in Chennai, India and both HDgtl and You irrevocably submit to the jurisdiction of such courts/tribunals.