TERMS AND CONDITIONS FOR PREGNANCY COACHES/OTHER COACHES

 

Introduction

These Terms and Conditions written on the ‘naima’ Application developed and owned by Matra Technologies Private Limited (“Application”) shall manage your use of our Application.

These Terms and Conditions will be applied fully and affect your use on this Application. By using this Application, you have agreed to and given your implicit as well as explicit consent to accept all Terms and Conditions and Privacy Policy written herein. If you do not agree to these Terms and Conditions, consent is deemed to be not given and further usage of this Application is not viable.

Upon creating a User ID and Password for this Application, you agree that you become the registered user of this Application.

These Terms and Conditions and the Privacy Policy apply to all visitors and users of Services provided by the Company through the Application. In view of the same, we request you to carefully go through these Terms and Conditions/ Agreement and the Privacy Policy before you decide to use the Services made available on the Application. Your usage of the Application implies your consent with respect to Privacy Policy which is as per provisions of Information Technology Act, 2000. The above-mentioned constituents of the Agreement shall at all times, be read together and shall be deemed to be incorporated herein by reference. Please note that your use of the Services or the Application will signify your acceptance of the Agreement and your agreement to be legally bound by the same. If you do not agree to, or wish to, be bound by the terms of the Agreement, you may not access or otherwise avail of the Services or use the Application.

A) Terms of Usage

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  1. “Pregnancy Coach”, “coach”, “you” and “your” or other similar terminology are all in reference to you as the user of this Application and as a recipient of all the information and material on this Application.

  2. “Terms”, “Terms and Conditions” and “Agreement” shall mean these Terms and Conditions which govern your working on this Application.

  3. “Company”, “Matra”, or “us” or “we”, shall mean Matra Technologies Private Limited and include its officers, successors and permitted assigns.

  4. “User” or “registered users” shall mean clients, customers users, or patients on the Application.

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B) Nature of Service on the Application

  1. This Application is exclusively owned and operated by Matra Technologies, a private limited company incorporated and registered as per provisions of Companies Act, 2013 and having its registered office at 1101 Frangipani, Nahar Amrit Sakti, Chandivali, Mumbai, Maharashtra, India. Pin 400072. The Company is not a medical institution, healthcare institution, hospital, OPD or pharmaceutical company.

  2. We are engaged in the business providing a variety of services, through a combination of artificial intelligence and pregnancy coaches in the context of pregnancy including human coaching support, structured content support, Artificial Intelligence-driven coaching support, medication reminders and such other related services which may be specified by us from time to time (“Services”).

C) Access

  1. You agree that access to the Application is temporary and Company reserves its sole right and discretion to modify and/or amend the information, material and/or Services provided on Application without prior notice to you.

  2. The Application or any part thereof may be amended or unavailable or other inaccessible at the sole discretion of the Company without any justification. You also agree to enter into a separate detailed agreement containing specific terms along with these Terms and Conditions.

  3. No information, content or material from the Application may be copied, edited, reproduced, republished, uploaded, posted, transmitted or distributed in any way without our express written permission. Any unauthorized use terminates the permission or license granted by us.

D) Registration on Application

  1. If you wish to provide avail the Services and the Company provides explicit or implicit consent for the same or seek any information or material on the Application, you will have to register on the Application and become a registered user Pregnancy Coach. By registering on the Application, you agree that you will be are appointing by us to provide the Services to you on the terms of the Agreement and any other terms as may be amended from time to time. It is your sole responsibility to keep abreast of the updates including the amendment or changes to these Terms and Conditions. Please note that Company may on its sole discretion chose to reject your application for providing Services on this Application.

  2. To register on the Application, you will have to provide personal data required by the Company from time to time. including but not limited to name, age, height, weight, occupation, name of your doctor or midwife, hospital, birthing centers or other healthcare providers, location, data relating to your current and previous pregnancies including abortions and miscarriages, diet plans, activity levels, exercise, medical reports (if any), medical history, disease type, mobile number, email ID, name of a primary caregiver as well as secondary caregiver, contact details of the primary caregiver and password in relation to the Services. Please note that we may seek any other details in addition to the aforesaid at our sole discretion.

  3. You will also have the option to upload any health records including but not limited to blood reports, USG reports, IVF reports, a prescription from your health provider on the Application. All prescriptions uploaded on the Application will need to be in English and shall be legible.

  4. You may also provide any other additional information on the Application as may be relevant to you. Please note that providing additional information beyond what is required at registration is entirely optional and can be altered or removed by you at any time. However, please note that the experience and ability of the Application in assisting you to manage your health is limited to the accuracy and completeness of the information shared by you on the Application. We assume that any information provided by you relating to a primary caregiver has been provided after obtaining the due consent of such a primary caregiver.

  5. You shall have the ability to review including delete or modify or in any way amend the information provided by you at the time of registration. In case of any change in the information provided at the time of registration, you will be required to intimate us immediately. Until you specifically notify us of the change in your information, the information provided by you at the time of registration will be deemed to be current.

  6. Registration is only a one-time process and if you have previously registered on the Application.   

  7. Upon registration on the Application, you hereby authorize our executives to reach out to you by way of SMS, email or telephone for the purpose of providing training on the various features of the Application. You agree to undergo training modules or such other processes as the Company may set from time to time. Please note that any usage by you of the Application after completing the above process signifies that you understand the Application and its features. In no manner shall we be liable if you have construed any portion in a different manner or otherwise.

  8. When you avail of the Services or use the Application, you are responsible for maintaining the confidentiality of your account, password/OTP, terms of this Application and preventing unauthorized access to your account. We request you to safeguard your password/OTP, your account and any other questions required by us in the process of registration. It is your sole duty to ensure that others do not have access to it. It is your responsibility to keep your account information current and accurate.

  9. You agree to (a) ensure that you exit from your account at the end of each session, (b) immediately notify us of any unauthorized use of your account information or any other breach of security, and (c) keep vigilance with respect to any unauthorized access. It is your sole responsibility with respect to the same and we are not liable for any loss or damage arising from your failure to comply with these conditions. Please note that it is your liability with respect to losses incurred by the Company or any other user of or visitor to the Application due to authorized or unauthorized use of your account as a result of your failure to keep your account information secure and confidential.

  10. If you have been diagnosed with a chronic disease or health condition, please approach your health provider or trained doctor. We do not subscribe to any medical advice or prescriptions on this Application

  11. We represent to you that the Services shall be in conformation to Terms and Conditions agreed by you and we shall endeavor to better our inputs time and again.

  12. Your access to the Application may be occasionally suspended or restricted to allow for repairs, maintenance, or for the introduction of new facilities or services. However, we do not take responsibility for internet-related issues at your end. We may also exercise our sole discretion to terminate or remove your account from our Application, without providing any justification or assigning any reasons.

E) User Submissions

 

  1. User Profiles: We may out our discretion permit you to create a user profile page including but not limited to information about yourself, including, without limitation, your name, age, gender, email address, telephone number, previous pregnancy including miscarriage and abortion history, USG reports, prescriptions, blood reports, medical history including outcomes and/or complications during your previous pregnancies, symptoms, treatments, Customized Therapy, and any other details as may be deemed relevant by you (“User Submissions”).

  2. At your own discretion, you may also upload pictures, videos, any other details and stories to your profile page as part of the User Submissions. User Submissions are typically displayed to various persons (including other users of the Application, Company administrators, Company moderators, Pregnancy Coaches, and caregivers). However, the user profile shall not publicly display details of the email addresses or telephone number, unless the user opts to share such information by “connecting” with another user via a shared group membership, or an invitation, or if the user has chosen to publicly display their email address in their profile. 

  3. Communication in response to User Submissions: As part of the Services, you may receive from us communication relating to your User Submissions in the form of messages, SMS, email and other digital and physical formats. You acknowledge and agree that by posting such User Submissions, we may send you communications that are relevant to your User Submissions in any format that we may determine.

F) Intellectual Property Rights

 

  1. Other than the content you own or your pre-existing Intellectual Property Rights, the Company and/ or its licensee or assignees own all the intellectual property rights, information, and materials contained on their Application.

  2. You are granted a limited, irrevocable and non-transferable license only for the purpose of providing Services viewing the material or information on this Application. Please note that if any intellectual property rights are created during the process of providing Services, you agree to irrevocably transfer the same to the Company, without any disputes with respect to the same.

  3. Any unauthorized usage shall amount to infringement of intellectual property rights and shall be liable for legal proceedings under applicable laws.

 

G) Disclaimer

  1. The contents, material, and information on this Application are based on research and expert opinion. It is however based on generic or overall samples. For your specific case, it is advisable for you to see the doctor in person for any drugs or medicines. This Application does not endorse or prescribe any drugs or medicines. Please visit the nearest hospital or medical professional in the cause of health emergencies.

  2. We hereby expressly state that our Services do not include the provision of any medical advice or treatment, whether directly or indirectly. You may note that Services enable registered Users to access digital content and pregnancy coaching tools and resources, including access to certified individuals who have been hired by us to help you. We do not employ or contract with any doctors, caregivers, hospitals or healthcare providers– the Company’s Pregnancy Coaches are certified childbirth educators, lactation educators, pregnancy fitness educators, new parent educators, labor doula, psychologists, nutritionists, dieticians or disease educators or doctors.

  3. While the Services provide material and information, we cannot and do not diagnose your specific health conditions or otherwise provide you with any medical advice or treatment. Any content provided or accessed through the Services, including but not limited to material and information provided by our personnel, is for informational purposes only. This content should not be used during a medical emergency or for the diagnosis or treatment of any medical condition. Always consult a gynecologist, midwife or other qualified health care provider for medical attention or emergencies and advice.

  4. You shall We do not prescribe any drug, medication, medical advice, or recommend commencing or discontinuing any course of treatment; and should ask the user/ patient without to seek confirmation from a gynecologist, or other qualified health care provider. Do not use the Services as a substitute for consulting with your gynecologist, midwife or other qualified health care provider. It is very important that you obtain professional medical advice.

  5. You agree that your Services are not intended to be and do not constitute a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health providers with any questions regarding your medical condition or the use (or frequency) of any medication or Medical Device. Never disregard professional medical advice or delay in seeking it because of any material or information received in connection with our Services. To the extent you receive medical care in conjunction with or consequent to the Services, your treating medical professional is responsible for obtaining your informed consent to any medical diagnosis or treatment, including without limitation, your consent to use telemedicine in the course of your treatment to the extent such consent is required by applicable law.

  6. We do not represent or warrant that the Services or any particular drug or treatment is safe, unsafe appropriate, inappropriate, effective or non-effective.

  7. We are not in a position to make guarantees relating to the outcomes based on any information, or advice provided by the Pregnancy Coach, or any other Services provided by the Company. We are only a support Application during your pregnancy and we promote that you undertake a positive lifestyle change and such related things. We are in no way responsible for the cure, or treatment of any medical condition or ailment.

  8. Therapy Areas: You shall We have used this Application to help users manage pregnancy, pregnancy-related conditions and risk factors including abortions, miscarriages, hypertension, diabetes and other pregnancy-associated conditions (“Birth Plan”). As per information received by from user us during registration, the Application shall help you customize a generic birth plan for users' needs. Please note that results may vary based on the specific issue faced by the user, their medical history, and the overall state of health. We shall endeavor to help you provide a comprehensive Customized Birth Plan, however, we agree that you will do not offer guarantees on any outcomes. In such cases, you should direct the users/ patient to visit Health Care Provider including the doctor, or trained medical professionals.

  9. We will be Customizing your Birth Plans as per the information and details including personal data and other medical history provided by you. As such, we cannot guarantee that the Birth Plan is best for you or even most suitable. It is your responsibility to confirm the suitability of this Birth Plan with your gynecologist, midwife or health caregiver.

  10. You will provide support for the information and material on this Application are for non-emergency purposes only and. Do not attempt to access or provide live support for emergency care through the Application or associated Services. If at any time you are concerned about your care or treatment, or if you think you have a medical emergency, please reach out to the nearest Provider for assistance. The Services or any part of Application is not intended to support or carry emergency or time-critical calls or communications to any type of hospital, law enforcement agency, medical care unit, or any other kind of emergency or time-critical service and we are not, and shall not be treated as an emergency care provider at any point in time.

  11. In the event of an adverse or routine emergency, the Company shall not, and will not be obligated to provide any emergency services, including any medication, ambulance services, medical advice, etc.

  12. If Company becomes aware of or contemplates an emergency, Company may, at its sole discretion, (a) inform the primary caregiver (as identified by you) of the occurrence, or the possibility of occurrence of such emergency, and/or (b) intimate the Provider (as identified by you) of the occurrence or the possibility of occurrence of such emergency.

  13.  Please note that the Company is not a healthcare provider and cannot be held liable for the occurrence of an emergency event or the treatment sought by you following such an emergency event.

  14. The Company may, if you so request, provide information relating to the management of the emergency event, merely for keeping records and for no other purpose.

H) User Agreement

  1. By agreeing to terms hereof, the Pregnancy Coach confirms that he/ she is above the legal age and are competent to enter into contracts as per applicable laws including Indian Contract Act, 1872 and are legally allowed to take decision by themselves. You agree that you have agreed to these Terms and Conditions out of your free will without any coercion, misrepresentation or in any manner fraudulent manner. The registered user agrees to all  Terms and Conditions including any links or modifications. The Terms and Conditions are applicable to all present and future contracts established between you and the Company

  2. These Terms and Conditions govern all users of this Application including browsers, vendors, clients and/ or contributors. The Company provides no guarantee that you will be accepted as a user of the application without citing any reason.

I) Interaction on the Application

  1. We will be selecting you on our panel based on our own selection criteria without providing reasoning and which may be changed from time to time based on the business needs of the Company.

  2. Pursuant to the same, we will be assigning to you any users/ patients at our discretion.

  3. The Application allows you to interact with Pregnancy Coaches, users, who may be employees, subcontractors, associates consultants or partners, of the Company who shall be accessible to you through the Application as stated above.

  4. Please note that the Pregnancy Coaches may provide you the users with, including but not limited to, content, text, data, graphics, images, information, suggestions, guidance, and other material relating to diet, lifestyle, exercise, or pregnancy conditions as may be requested by the users from time to time, or relevant to you, as part of the Services. The provision of such Information does not create a licensed medical professional/patient relationship, between the Company, Pregnancy Coach and the registered user does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is only provided to facilitate better lifestyle choices, and encourage a behavioral change.  As such, Pregnancy Coaches engaged by us are nutritionists, dieticians, psychologists, labor doula, lactation, pregnancy fitness, new parent, childbirth or disease educators and they cannot substitute, or replace a doctor or healthcare professional. Their mere scope is to provide handholding in respect of diet and lifestyle choices. The Company shall not be liable for providing any guidance, information or opinion based on incomplete or incorrect information (including incomplete/incorrect medical history) provided by the user or you as a pregnancy coach. The company will not be liable for any failure or delay in approaching a Provider in respect of any health concerns. Further, you agree to write to the Grievance Officer at care@matra.tech if any Pregnancy Coach or User is providing any medical advice including but not limited to medical tests, drugs, medicines, x-rays or any other related medical advice. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on such information.

  5. Further, you agree that any advice provided by you to the user is your personal opinion, the learnings from a certified pregnancy coaching program and a combination of the two, and as such Company bears no direct, indirect or any kind of liability with respect to the same.

  6. You understand and agree that we will not be involved in the process of selection of any doctors including gynecologists, physicians, midwives, hospitals, or healthcare providers (“Health Provider”) for your specific health concerns and medical issues. You shall have the sole discretion and ability to interact with and engage Health Provider. We assume that any selection of Health Provider by you has been based on the specific health concern and expertise of the Health Provider. As such, we will not be liable if you construe information or material on this Application differently and in any manner do not adhere to the advice of Health Provider.

  7. We advise you to perform your own investigation prior to selecting a Health Provider and as such we do not recommend or endorse any health providers or make any representations or warranties with respect thereof.

  8. We assume that any medical diagnosis by a Provider has been made by such Provider accurately after taking into consideration the medical history. We also assume that you have provided true, correct and accurate information to the Health Provider.

  9. We also assume that any medication provided by Health Provider has been prescribed after carrying your complete diagnosis of the patient. Also, we presume that any medication prescribed by Health  Provider has been deemed fit for use by you and such there is no allergy or reaction with respect to the same.

  10. You understand and agree that any interactions and associated issues with any Provider during the course of the Service on the Application including but not limited to any professional, personal or health issues and experiences is strictly between you and Health Provider. The Company bears no responsibility for any such interactions and associated issues. If you decide to engage with a certain Health Provider to provide medical services to you, you do so at your own risk. The Company shall not be responsible for any breach of service or service deficiency by any Health Provider. Further, the Company shall not be liable for any adverse event arising out of or resulting from any diagnostic tests prescribed by Health Provider, diagnosis, medication, or treatment by Health Provider.

  11. In the event that your usage of the Application and the Services has been recommended by your Health Provider as part of your treatment, we assume that any such recommendation by the Health Provider has been based on the specific health concern you face, and has been carried out by the Health Provider after consideration of all relevant circumstances. Any such recommendation of the Health Provider is based on the expertise and discretion of such Health Provider. As such, there is no direct or indirect bearing of the opinion of Health Provider on this Application or our Services in any manner whatsoever.

  12. You understand that once you register as a User on the Application, you will receive SMS messages from us on your registered mobile number. These messages could relate to your registration, any updates, and promotions that are undertaken by us. Please note that we will send these SMS messages only to the registered mobile number or such other number that you may designate for any particular purpose.

  13. No Doctor-Patient Relationship. The Application allows you to interact with Pregnancy Coaches, who may be employees, subcontractors, associates consultants or partners, of the Company, who shall be accessible to you through the Application.

  14. The Pregnancy coach shall not contact the user in terms of the services/coaching provided by the Company out of this application.

 

Please note that the Pregnancy Coaches may provide you with including but not limited to content, text, data, graphics, images, information, suggestions, guidance, and other material relating to diet, lifestyle, exercise, or diseases as may be requested by you, or relevant to you, as part of the Services. The provision of such Information does not create a licensed medical professional/patient relationship, between the Company and you and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is only provided to facilitate better lifestyle choices, and encourage a behavioral change. As such, Pregnancy Coaches engaged by us are nutritionists, dieticians, psychologists, labor doula, lactation, pregnancy fitness, new parent, childbirth or disease educators. As such, they cannot substitute, or replace a doctor or a healthcare professional. Their mere scope is to provide handholding in respect of diet and lifestyle choices. The Pregnancy Coaches will not be liable for providing any guidance, information or opinion based on incomplete or incorrect information (including incomplete/incorrect medical history) provided by you. The Pregnancy Coaches will not be liable for any failure or delay in approaching a Provider in respect of any health concerns. Further, you agree to write to if any Pregnancy Coach is providing any medical advice including but not limited to medical tests, drugs, medicines, x-rays or any other related medical advice. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on such information.

J) Interaction on Other Medical Devices

 

  1. The Application can be used by you for recording, analyzing and storing the readings obtained by you through certain medical devices such as glucose meters, blood glucose monitors, blood pressure monitors, and wearable activity trackers or any such medical devices (“Medical Devices”). If you connect the Application to the Medical Device, you implicitly give your consent to Application to obtain, copy, record and create and analyze the data recorded therein. Please note that we shall not be liable for any malfunctioning, errors, defects, or incorrect readings, of Medical Device and as such the Application is using them only for the limited purpose of downloading your data from the Medical Device and is not involved in the manner in which the Medical Device provides readings.

  2. The recording, analyzing or storing of information from the Medical Device does not create a licensed medical professional/patient relationship, between the Company and you and does not constitute an opinion, medical advice.

  3. It is hereby expressly clarified that the information that you obtain or receive from the analysis of the data from the Medical Devices on the Application is for informational purposes only. We make no guarantees, representations or warranties, whether expressed or implied, with respect to the quality of the Medical Device, the authenticity of readings, the margin for error, or the functioning of the Medical Device. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on such information.

  4. If you so request, we may procure and provide to you, specific Medical Devices as may be required by you as per agreed terms from time to time.

  5. Please note however that we are not manufacturers of these Medical Devices, and will not be liable for any malfunctioning, errors, defects, or incorrect readings, of the Medical Device in any manner whatsoever. It is your sole responsibility to ensure the correct functioning of Medical Device.

 

K) The occurrence of adverse events

 

  1. For the purposes of these Terms of Use, the term “Adverse Event” shall refer to any adverse health consequences, or adverse medical events including but not limited to premature deliveries, abortions, miscarriages, stillbirths, pregnancy-related risk factors such as preeclampsia, gestational hypertension, gestational diabetes, anemic disorders that occur during the course of pregnancy or consequent to, or resulting out of usage of any drug, medical device or as part of any therapy or consultation that the user is currently on or has been on

  2. Upon the occurrence of an Adverse Event, you shall redirect any user or patient to visit the Health Provider including the doctor, gynecologist, or relevant trained medical professional. Further, you shall update the event information on the app and inform the user of the update, for validation by the user, no later than 15 - 10 (ten to fifteen) days from the date of occurrence of such Adverse Event.

  3. You hereby agree not to hold the Company responsible for any such Adverse Events and associated issues as you are aware that your health file is managed by a Health Provider,  inform us of the occurrence of such Adverse Event, and the nature of such Adverse Event. You hereby agree not to hold the Company responsible for any such Adverse Events and associated issues as you are aware that your health file is managed by a Health Provider.

  4. Upon the occurrence of an Adverse Event, you agree to promptly reach out to a Health Provider. Please note that the Company is not a Healthcare Provider and cannot be held liable for the occurrence of an Adverse Event or the treatment sought by you following such Adverse Event.

  5. The Company may, if you so request, provide information relating to the management of the Adverse Event. Provision of such information does not create a licensed medical professional/patient relationship, between the Company and you and does not constitute an opinion, medical advice, or diagnosis or treatment of any Adverse Event.

 

L) Call Recording

 

  1. We reserve the right to record any telephonic conversations between you and the users, Company, its affiliates and its or their directors, employees, agents, partners, suppliers, third-party service providers, licensors or content providers (including Health CoachPregnancy Coaches, telesales executives, customer support, customer experience executives and onboarding executives).

  2. You hereby agree that the Company will be permitted to record all telephonic conversations with you, irrespective of whether you are intimated of such recording during the course of such a telephonic conversation.

  3. All telephonic conversations specified above will be recorded for audit purposes, internal training, quality control purposes and to provide assistance in case of any Adverse Event and emergency events.

 

M) Payments and Refund

 

  1. We may charge users a one-time fee for registration and use of the Services provided on the Application as per our sole discretion. Details of the actual fee charged by the Company shall be as set out in the Application. The Company may also use (a) a subscription fee model where the payment is spread across the duration of the services, or (b) provide an equated monthly installment (EMI) scheme for the usage of the Application. The Company reserves the sole right to amend or in any manner modify any payment model at their own discretion. The company reserves the right to charge a separate fee in respect of different categories of users. The charges for the Services may be different at different points of time in respect of the same or different Services.

  2. The Company may, at its sole discretion, be entitled to enter into specific arrangements with certain corporate entities to pay all or part of the registration fee in respect of its users, clients, patients, employees, consultants or contractors. The Company shall, in such cases, enable access to the specific clients, patients, employees, consultants or contractors identified by the Enterprise Client to use its services. In the event that the Enterprise Client pays only part of the registration fee in respect of a client, patient, employee, consultant or contractor, the respective client, patient, employee, consultant or contractor shall be required to pay the remaining fee (as set out in the Application) for the usage of the Application and the Services.

  3. Upon payment of the registration fee, each of the users shall be entitled to use the Application and/or the Services for an agreed period of time the actual tenure of the intervention, as specified in the Application.

  4. The Company reserves the right to change any or all parts of its payment policy without liability to the user or any third-party. It is your sole responsibility to keep yourself updated with such changes. Irrespective of the payment mode, payment amount or payment split with the Enterprise clients, the Terms and Conditions and the Privacy policy applies to all the users in all respect for the use of the Application and the Website for any purpose.

  5. In order to complete the payment of the registration fee, you may be re-directed to a third-party vendor (“Payment Gateway”) for the generation of an activation code. You will be required to follow the specific steps to complete the payment of the registration fee as set out in the Application and the Payment Gateway. Payment terms will be governed as per the terms and conditions agreed under a separate agreement or Statement of Work.

N) Termination

 

  1. This Clause shall be governed as per the terms and conditions agreed under a separate agreement or Statement of Work.

  2. This Agreement/ Terms and Conditions shall be entitled to terminate this Agreement/ Terms and Conditions, provided all outstanding payments are settled (if applicable). Upon termination, your information including personal data shall be saved on our servers regarding the registered users. If the registered user requires such information to be deleted, they should contact or email the Company at care@matra.tech, during business hours on business days. On this basis, the same shall be deleted within 30 (thirty) business days of receipt of such instructions.

  3. Over the course of the term of this Agreement/ Terms and Conditions, Company may choose to terminate this Agreement/ Terms and Conditions with you or delete your profile as a registered user or delete or shut down the Application, without citing any reason. Any payment receivable by Company should be paid in full within 30 (thirty) days from termination hereof as per the refund policy of Company.

  4. Any suspected illegal, fraudulent or abusive activity will be grounds for terminating your access to the Application.

 

O) Access outside the Republic of India

The Company makes no representation that the content contained on the Platform is appropriate to be used or accessed outside the Republic of India. If the users use or access the Platform from outside the Republic of India, they do so at their own risk and are responsible for compliance with the laws of such jurisdiction. As such you agree that it is your duty to keep the Company updated if any portion or Terms and Conditions are not in consonance with local laws of your country. Basis the same, parties shall enter into a separate detailed agreement. You agree to give your consent knowing fully well that the server may be located in India and you shall perform all necessary compliances for sharing any personal data including data and information to India at your cost. The Company in no manner is liable in case any contents are in violation of your local laws. It is your sole responsibility to ensure strict compliance.

 

P) No Warranty

You agree to provide Services and any information on this Application provides material and/ or information on “as is” basis with all faults, and

  1. The Company expresses no representations or warranties, of any kind related to this Application or materials or information contained on this Application. Also, nothing contained on this Website shall be construed to medically advising you as stated above.

  2. This Application provides material and/ or information on “as available” basis. The Company and all its subsidiaries, affiliates, officers, employees, agents, and partners, if any, disclaim all warranties of any kind, either express or implied, including but not limited to, implied warranties on merchantability, fitness for a particular purpose and non-infringement.

  3. The Company does not warrant that (i) the functions contained in any content, information and material on the Application including, without limitation any third party sites or services linked to the Application and/or that the Service will be uninterrupted, virus-free or Trojan horse free or in any manner timely or error-free, (ii) the defects will be rectified, or that the Application or the servers that make such content, information, and materials available are free of viruses or other harmful components;

  4. Any material downloaded or otherwise obtained through the Application is accessed at your own risk, and you will be solely responsible for any damage or loss of data.  The Company cannot and will not assure you that other users of the Application are or will be complying with the foregoing rules or any other provisions of these Terms and Conditions. As between you and the Company, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

Q) Terms of Use

During the term of this Agreement/ Terms and Conditions you have stated, understood and agreed to the following terms and conditions:

  1. You are above the legal minority age and otherwise not incompetent to enter into contracts as per applicable laws

  2. You shall not violate any applicable laws or regulations

  3. All information provided by you including personal data is accurate and true

  4. Your use of this Application is solely for personal and non-commercial use. Any use of this Application apart from the aforesaid is prohibited.

  5. You are the primary owner and interacting with a personal android or iOS smartphone, with the active app and data usage. You have direct access to the smartphone for at least 12 hours per day during normal waking hours.

  6. You do not fall into any or all of the following categories:

  • Over the age of 45

  • Diagnosed with pre-eclampsia

  • Diagnosed with malignant hypertension (SBP >180 mmHg and/or DBP >120 mmHg)

  • Any medical condition/complication resulting in disabilities preventing the complete utilization of the patient support program. With limitations in mobility due to physical disabilities, impaired vision, rheumatological, or musculoskeletal disorders that can limit adherence to the exercise coaching program.

  • With any inflammatory bowel disease, celiac disease and other gastrointestinal disorders that can limit adherence to the nutrition program

  • Diagnosed with any other type of diabetes except Type II Diabetes and/ or gestational diabetes

  • Anticipated to have a short life span of less than 2 years

  • Patients who have undergone any major surgery within the last 6 months (excluding Day Care Procedures)

  • Patients with a history of a cardiovascular event such as acute myocardial infarction/ stroke/ peripheral vascular disease in the last 1 year

  • Patients with a history of a stroke in the last 1 year

  • Diagnosed as New York Heart Association (NYHA) classification IV or HIV Aids

  • Awaiting revascularization, cardiac resynchronization, or heart transplant

R) Restrictions

You are specifically restricted from the below:

  1. Publishing any Application and/ or information on any other website, application or any public or private forum, directly or indirectly, without prior written permission

  2. Selling, and sub-licensing and/ or otherwise commercializing any Application material and/ or information.

  3. Publicly performing and/ or showing Application material or information without prior written permission

  4. Using this Application in any manner which is or is likely to be damaging to this Application.

  5. Using this Application in any manner which in any way impacts user access to this Application

  6. Modifying the Application and/ or contents thereof

  7. De-compilation or reverse engineering or disassembling the content hereof

  8. Deletion or modification of any contents 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 from Company

  9. Engaging in any form of antisocial, disruptive or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the internet;       

  10. Using this Application in any manner which is unlawful or harms the Company or any other person or entity, as determined in Company’s sole discretion.

  11. Engaging in any data mining, data harvesting or otherwise any similar activity in relation to this Application

  12. Using this Application to engage in any advertisement or marketing without prior written permission

  13. Posting, submitting, uploading or distributing and in any manner transmitting any software or computer files that contain a virus or any harmful content or component which is likely to impair or damage the existing Application in any manner.

  14. Posting or uploading any content that is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party.

  15. Uploading any data which belongs to a third party and to which the user does not have any right.

  16. Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, racially or ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

  17. Competing with the Company while providing Services on this Application, directly or indirectly, during the agreed tenure and further period of one (1) year thereafter.

  18. Soliciting any employee of the Company without prior permission

  19. Harming minors in any way;

  20. Infringing any IPR including patent, trademark, copyright or other proprietary rights. You agree to indemnify and save harmless in respect of any third party claims with respect to the same;

  21. Violating any law for the time being in force;

  22. Misrepresenting including deceiving or misleading the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

  23. Impersonating another person; or

  24. Threatening the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation.

  25. Certain areas of this Application are restricted from being accessed by you and the Company reserves sole, exclusive and irrevocable right to restrict access by you to any other areas as it may deem fit from time to time. Any user ID and Password you may have or are likely to have for this Application shall remain confidential. It is expected that you also maintain confidentiality in respect of your User ID and Password and it is your sole responsibility to protect your User ID and Password.

  26. The application contains links to websites or applications. You are aware that your users with respect to the same are governed by a separate set of terms and conditions and privacy policy. The Company reserves the sole right to disable or enable any such links, without any liability towards the same

S) Force Majeure

  1. The Company shall not be liable for any delays or failures in its performance hereunder Force Majeure includes resulting from circumstances or causes beyond its reasonable control, including, without limitation, force majeure acts of God, acts or threatened acts of terrorism, war or other violence, or any law, order or requirement of any governmental agency or authority, cyberattacks, or any unforeseen breach or failure of the Company’s computer systems or networks. 

  2. In the event of such delay or failure, the Company shall be entitled to forthwith terminate any agreements with you does not have any duty to perform related responsibilities, and also has the right to cease providing the Services, suspend access to the Application or carry out any other action as may be required, as may be determined by it in its sole discretion.

T) Rights reserved by the Company

 

  1. We have the right to disclose your identity to a third party who validly claims and provides any evidence that you have infringed or violated any third party intellectual property rights. With respect to the same, you agree to indemnify and save harmless from any claims, losses or damages in respect thereof.

  2. We are not responsible or liable to any third party for the content, information or material including accuracy of the same posted by you or any user hereof.

  3. We have the right to remove any non-compliant material from the Application at our sole discretion without justification.

  4. We have the sole right to investigate without notice and prosecute violations of these Terms and Conditions to the fullest extent of the law and the same may involve law enforcement authorities.

  5. While there is no binding obligation to do so, we may monitor your access to this Application and we have the right to do so with respect to this Application to ensure your compliance with Terms and Conditions and applicable laws. You agree to indemnify and save harmless Company from any claims, losses or damages in respect of any unauthorized usage or access of this Application.

  6. We have the right to pre-screen, review, flag, filter, delete, modify or refuse any or all content of your information or material at our sole discretion.

  7. We have the right to introduce changes to pricing terms from immediate effect.

  8. We have the right to access, read, preserve and disclose any information or material to (a) satisfy applicable laws or regulations or legal proceedings or governmental directions; (b) enforce Terms and Conditions in respect of a possible violation; (c) detect, prevent or otherwise address fraud, security or technical issues; (d) protect rights of Company.

  9. We will not to you or any third party, whether related or not, in respect of any modification, price change, suspension or discontinuance of this Application.

U) Links to Third-Party Websites and advertisements

        

  1. We have the unfettered right to display advertisements on the Application or any websites operated by it. Further, we may at our discretion include links to other websites/applications, whose terms and privacy practices may differ from those of the Company. Users are advised to use their discretion while visiting such websites/applications, providing any personal information on such websites/ applications, or purchase of products or services on such websites/applications.

  2. The inclusion of a link does not imply any endorsement by the Company of the third-party website in any manner. You hereby agree and acknowledge that any access to such websites/applications shall be at your sole risk, and the Company shall not be liable for any losses sustained by you in this regard.

  3. If the users access or submit personal information to any of those websites, such access, and information will be governed by the terms of use and privacy policies of such third-party websites and the Company disclaims all responsibility or liability with respect to the terms, policies or the websites. The users are encouraged to carefully read the terms and privacy policy of any website that they visit.

  4. The Company may, by way of an agreement with the third-party websites or applications, have access to the data shared by the user to these websites or applications.

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V) Limitation of Liability

 

  1. In no event, Company or any of its officers, assignees, directors, employees or otherwise any authorized agent of Company shall not be liable for anything, including direct, indirect, consequential, arising out of or in any manner connected with the use of this Application including but not limited to damages for loss of profits, goodwill, data or other intangible losses by any user whether such liability is under contract or otherwise.  

  2. We shall neither be liable nor responsible for any actions or inactions of the Providers, Pregnancy Coaches (outside the scope of services provided via the Application), or other users of the Platform, nor any breach of conditions, representations or warranties by you. You shall be personally liable with respect to the same to any user of this Application.

 

W) Indemnity

 

You hereby agree to indemnify, defend and hold the Company, the Company’s agents, affiliates, representatives, authorized users, employees and assigns harmless from and against any and all losses, damages, liabilities, and costs arising from your use of the Application or the Services and/or the violation of the Agreement by you.

 

X) Severability

 

If any provision of these Terms and Conditions is found to be invalid or illegal under any applicable laws, such provisions shall be deleted without affecting the remaining provisions hereof.

 

Y) Variation of Terms

 

Company is permitted to revise these terms at any time as it sees fit, and by using this Application you are expected to review these Terms and Conditions on a regular basis. The Company owes no responsibility if the change in any Terms and Conditions affects you or your business in any manner, whether directly or indirectly.

 

Z) Assignment

 

The Company is allowed to assign, transfer and subcontract its rights and/ or obligations under these Terms and Conditions without any notification. However, you are not allowed to assign, transfer or in any manner subcontract any of your rights and/ or obligations under these Terms and Conditions, without prior written permission from the Company.

 

AA) Entire Agreement

 

These Terms and Conditions constitute the entire agreement and understanding between you and Company and in relation to the usage of this Application from time to time and supersede all prior agreements and understandings.

BB) Governing Law & Jurisdiction

 

These Terms and Conditions are governed by and interpreted in accordance with the laws of India. In case of any disputes, courts of Mumbai shall have sole and exclusive jurisdiction with respect to the same.