This GridSenseHealth web-app is created to track and facilitate listing of patients in need of solid organ transplant and registration and allocation of deceased donors to patients on the waiting list. The GridSenseHealth system is being made available to ZTCC Pune, its staff and the hospitals registered under its purview for organ donation and allocation. This web-app and the set of supporting services that allow the app to function seamlessly such as the cloud-based data storage and set of Web services that are used to enable data communication between ZTCC Pune, its hospitals and its patients will be referred to as the SERVICE. This SERVICE is being offered by Metamagics Computing Pvt Ltd, a company based in India with registered address 2, Ekopa Housing Society, Salisbury Park, Pune, INDIA 411037., referred to as METAMAGICS hereafter.
This document represents a legal document that serves as our Terms of Service. This Terms of Service, along with our Privacy Policy, our Medical Service Disclaimer and other posted guidelines within our Service, (collectively “Legal Terms”), constitute the entire and only agreement between you and Metamagics, and supersede all other agreements, representations, warranties and understandings with respect to our Service and the subject matter contained herein. We may amend our Legal Terms at any time without specific notice to you. The latest copies of our Legal Terms will be posted through our Service, and you should review all Legal Terms prior to using our Service. After any revisions to our Legal Terms are posted, you agree to be bound to any such changes to them. Therefore, it is important for you to periodically review our Legal Terms to make sure you still agree to them.
By using our Service, you agree to fully comply with and be bound by our Legal Terms. Please review them carefully.
If you do not accept our Legal Terms, you should not login and should not access our Service. If you have already accessed our Service and do not accept our Legal Terms, you should immediately discontinue use of our Service.
This Medical Service Disclaimer applies to our SERVICE and any health, medical and/or product information contained within (collectively, “SERVICE CONTENT”).
The SERVICE is being offered on as-is basis and the METAMAGICS will make reasonable efforts to ensure bug free and failure free SERVICE. However the METAMAGICS is not bound to provide support or be bound by service level agreements.
You understand that you have chosen to download the GridSenseHealth app out of your own choice. You understand that this mobile app is being provided on as-is basis. You agree that your reliance on any Service Content provided by this app is voluntary. METAMAGICS have taken efforts to give you an app that will allow you to keep track of your patients' health parameters.
This app is designed to be used by real doctors and coordinators for their real and genuine patients. Any deliberate attempts to upload content that do not relate to a patients health condition or any attempt to upload spurious data to cause deliberate damage to the system will be automatically detected and the COMPANY reserves the right to immediately terminate such an account without giving any warning or prior notice to the user.
SERVICE and SERVICE CONTENT follows all legal requirements to protect your privacy. The SERVICE and SERVICE CONTENT is designed for you to be able to add and share this information in a secure way. METAMAGICS reserves the access rights to the data in the system for research and development and verification purposes.
You understand that the response time of any Internet based service is dependent on the quality of Internet connection provided by the local ISP. The response time and quality of communication while using the SERVICE is dependent on the quality of Internet data connection provided by your ISP or telecom or broadband service or any other mobile data service. As such SERVICE and SERVICE CONTENT will not be responsible for any glitch in data access. METAMAGICS as providers of the SERVICE are not in any way responsible for delay or failures in communication. In light of the forgoing, you understand and agree that we are not liable nor do we assume any liability for our Service or any Service Content as well as your reliance on either. In no event shall we be liable for direct, indirect, consequential, special, exemplary, or other damages related to your use of any Service Content.
These license terms are an agreement between the METAMAGICS and you. Please read them.
Scope of License
The web and mobile app is licensed, not sold. This agreement only gives you some rights to use the app. METAMAGICS reserves all other rights. You may use the app only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the app that only allow you to use it in certain ways.
The content on the Services, other than Submissions (defined below), including,without limitation, text, software, scripts, graphics, photos, sounds, music, videos, interactive features, and the like (“Content”), as well as certain other of the names, logos, and materials displayed on or through the Services that constitute trademarks (“Marks”) are owned by or licensed to Metamagics and are subject to copyright, trademark, and other intellectual property rights under Indian laws.
You must abide by all copyright notices, information, or restrictions contained in or associated with any Content. The Services are provided for your personal, non-commercial use only.
METAMAGICS reserves the access rights to the data in the system for research and development purposes.
You may NOT :-
The terms of this license are governed by the laws created by the government of India.
The app is licensed "as-is" You bear the risk of using it. METAMAGICS gives no express warranties, guarantees or conditions.
YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES (INCLUDING, WITHOUT LIMITATION, ALL INFORMATION AND MATERIAL MADE AVAILABLE, DESCRIBED OR ACCESSED THROUGH THE SERVICES) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, METAMAGICS, ITS PARENTS, SUBSIDIARIES, AND AFFILIATES, AND ANY OF THEIR OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, AGENTS, PARTNERS, LICENSORS, SUCCESSORS, AND ASSIGNS (INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY INVOLVED IN DISTRIBUTING AND/OR DELIVERING THE SERVICES) (COLLECTIVELY, THE “RELEASED PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, ACCURACY, AND NON-INFRINGEMENT), WITH RESPECT TO THE SERVICES. METAMAGICS MAKES NO REPRESENTATION OR WARRANTIES ABOUT THE ACCURACY, QUALITY, RELIABILITY, OR COMPLETENESS OF CONTENT, INFORMATION, OR MATERIAL AVAILABLE ON OR THROUGH THE SERVICES AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY:
YOU UNDERSTAND AND AGREE THAT RELIANCE UPON ANY ADVICE OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SERVICES IS AT YOUR SOLE RISK, AND METAMAGICS SHALL NOT BE LIABLE FOR YOUR RELIANCE UPON THE INFORMATION PROVIDED ON THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM METAMAGICS OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU UNDERSTAND THAT TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL ANY OF THE RELEASED PARTIES BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (A) YOUR (OR ANYONE USING YOUR ACCOUNT’S) USE OF THE SERVICES; (B) THE UNAVAILABILITY OF THE SERVICES OR INTERRUPTIONS IN THE AVAILABILITY OF THE SERVICES; (C) ANY ERRORS OR OMISSIONS IN THE OPERATION OF THE SERVICES OR OF ANY CONTENT MADE AVAILABLE ON OR THROUGH THE SERVICES; (D) THE ACTIONS OF OTHER USERS OF THE SITE OR OF ANY THIRD-PARTY; OR (E) THE UNINTENTIONAL DISCLOSURE OF INFORMATION STORED ON OR TRANSMITTED THROUGH THE SERVICES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IF METAMAGICS IS FOUND TO BE LIABLE, METAMAGICS’S LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL NOT EXCEED $10.
Without limiting the foregoing, under no circumstances will METAMAGICS be held liable for any delay or failure in performance due in whole in or in part to any acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, software bugs, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, earthquakes, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
If you violate any of these Terms of Service, your permission to use the Services automatically terminates.
METAMAGICS reserves the right to modify or discontinue the Services with or without notice to you. METAMAGICS shall not be liable to you or any third-party should METAMAGICS exercise its right to modify or discontinue the Services.
You and METAMAGICS agree that we will resolve any disputes between us through binding and final arbitration instead of through court proceedings. You and METAMAGICS hereby waive any right to a jury trial of any Claim. All controversies, claims, counterclaims, or other disputes arising between you and METAMAGICS relating to the Site or Service or these Terms (each a “Claim”) shall be submitted for binding arbitration in accordance with the Rules of the American Arbitration Association (“AAA Rules”). The arbitration will be heard and determined by a single arbitrator. The arbitrator’s decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs, documents, or other evidence submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.
If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, METAMAGICS will pay as much of the administrative costs and arbitrator’s fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.
This arbitration agreement does not preclude you from seeking action by federal, state, or local government agencies. You and METAMAGICS also have the right to bring qualifying claims in small claims court. In addition, you and METAMAGICS retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with this arbitration agreement, nor a waiver of the right to have disputes submitted to arbitration as provided in this arbitration agreement.
Neither you nor METAMAGICS may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or METAMAGICS’s individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. No waiver of any provision of this Section will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or effect any other portion of these Terms. This Section will survive the termination of your relationship with METAMAGICS.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR METAMAGICS WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
YOU AND METAMAGICS AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE, WHETHER IN ARBITRATION, IN COURT, OR OTHERWISE, WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT NEITHER YOU NOR METAMAGICS WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU OR METAMAGICS ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. YOU AND METAMAGICS FURTHER AGREE THAT NO ARBITRATION OR PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER ARBITRATION OR PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF YOU, METAMAGICS, AND ALL PARTIES TO ANY SUCH ARBITRATION OR PROCEEDING.
These Terms of Service shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any conflict of laws rules or provisions. If any provision of these Terms of Service shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions. The failure of METAMAGICS to enforce any right or provision of these Terms of Service will not be deemed a waiver of such right or provision. These Terms of Service, together with METAMAGICS’s Privacy Policy [ ZTCC terms-of-service ] and any other rules or guidelines posted in connection with the Services, are the entire and exclusive agreement between METAMAGICS and you regarding the Services, and these Terms of Service supersede and replace any prior agreements between METAMAGICS and you regarding the Services.
This is the Privacy Policy for all Websites owned or operated by METAMAGICS. (“METAMAGICS”), including, without limitation. Your privacy is important to us and we have prepared this Privacy Policy to explain how we collect, use and protect Personal Information, Health Information and Non-Personal Information (each, as defined below) when you use the Services and your choices for managing your information preferences.
This Privacy Policy applies solely to METAMAGICS and the METAMAGICS Services. This Privacy Policy does not apply to information collected at any site or on any services not owned by METAMAGICS, including any third-party Web site reached through a link on or through the Services, and it does not apply to information submitted directly by you to third parties, including any third-party health care professionals, through the Services. You are responsible for reviewing and understanding the privacy policies (if any) of any such third parties. We have no control over, and we assume no responsibility for, the content, privacy policies or practices of any such third-party. By using the Services, you release METAMAGICS from any claim or liability arising from your use of any such third-party site or services.
We collect information that personally identifies you, such as your name, telephone number, email address, date of birth and other data which can be reasonably linked to such information (“Personal Information”) only if you choose to share such information with us. For example, you will be required to provide us with certain Personal Information to register with the Services, sign up for certain services available through the Services (such as text messages and other communications services which may offer you the ability to share information with third parties, such as health care professionals), and at other times. The decision to provide this information is optional; however, if you decide not to register or provide such information, you may not be able to use some or all of the features of the Services. Further, METAMAGICS offers location-enabled services, for example to locate a nearby doctor or pharmacy. If you use those services, METAMAGICS may receive information about your actual location (such as GPS signals sent by a mobile device) or information that can be used to approximate a location (such as a cell ID). You will have the option to disable collection and use of location information. However, doing so may prevent you from using some features of the Services, or limit the function of some features. You may review, correct, update or change your Personal Information, or remove your Personal Information from our direct marketing efforts, at any time by visiting your profile or account page on the Services, or by contacting us at: 44 Whippany Road, Suite 108, Morristown, NJ 07960, Email: legal@METAMAGICS.com
METAMAGICS offers you the ability to share your Health Information through certain services available on the Services. “Health Information” includes both Protected Health Information and Additional Health Information. “Protected Health Information” is personally identifiable information which relates to your health or payment for your health that is created or received by an entity covered under the Health Insurance Portability and Accountability Act of 1996 (HIPAA), such as a third-party health care professional providing services through the Services. Protected Health Information includes the combination of your Personal Information and personal health information, such as medical records, medical history and/or information regarding a condition or treatment (e.g. information about symptoms, prescriptions, allergies, diagnoses and outcomes or side effects of treatment). “Additional Health Information” is any and all other personal health information which is not Protected Health Information, generally because such information was not created or received by a HIPAA-covered entity.
You have control over how much and the type of your Health Information you share, and with whom you share any such information, and you can update your Health Information at any time. METAMAGICS will not use or disclose your Health Information except as described in this Privacy Policy or with your express authorization.
Before sharing your Health Information with others or granting anyone else access to your account, you should be aware that METAMAGICS does not and cannot control how anyone else may use your information or account. Health Information you provide to others may not be protected, kept private, or be secure. If you allow someone else to have access to your account, they will have access to your Health Information, and they may share it with others. You are solely responsible for all use of your account, by yourself or anyone whom you permit to use it. METAMAGICS will not be liable for any disclosure or use of Health Information or other information by you or anyone using your account with your permission.
You should not upload any Health Information regarding any person other than yourself without that person’s prior express consent. You must obtain the consent of your family member or any other person before you submit or share Health Information about that person. By submitting or sharing Health Information about a family member or anyone else, you represent and warrant that you have obtained that person’s express consent to do so or that you otherwise have the legal authority to do so (e.g. because that person is a minor and you are the parent or legal guardian).
We automatically collect information that does not reflect or reference an individually identifiable user (“Non-Personal Information”) to help us understand how our users use the Services. Like most Web sites, we automatically collect and use the data contained in log files. The information in the log files may include the IP address of the computer or server that you are using to access the Services, the IP address and/or the URL from the Web site you visited just before you visited our Services, the URL of the page you visit upon leaving the Services, if any, and the type of browser and operating system you are using. This anonymous usage information may be associated with your user name and profile, but we will not disclose the associated information to third parties.
We may use cookies (a small file containing a string of characters that uniquely identifies your Web browser) and Web beacons (an electronic file placed within a Web site that monitors usage). We may use cookies and Web beacons to improve the quality of the Services. Most Web browsers are initially set up to accept cookies, but you can reset your Web browser to refuse all cookies or to indicate when a cookie is being sent. However, certain features of the Services may not work if you delete or disable cookies. Certain of our Service Providers (defined below) may use cookies and Web beacons in connection with the services they perform on our behalf, including, without limitation, targeted ad serving.
We may use Personal Information, Health Information and Non-Personal Information for internal purposes, such as to notify you of new products or services, to send service notifications, to customize the advertising and content you see, to fulfill your requests for products and services, to improve the Services, to conduct research, to solicit your feedback and input about the Services and to provide more relevant products, services and advertisements on or through the Services. Such information may be combined with data collected from other sources so that we may further improve the relevance of products, services and advertisements offered on or through the Services.
We will not sell, share or rent Personal Information or Health Information to third parties, including, without limitation, for direct marketing purposes, and we will not otherwise disclose such information to third parties, without your express permission, as expressly disclosed in this Privacy Policy or to the extent permitted by applicable law. METAMAGICS will further maintain the privacy of your Protected Health Information in accordance with federal HIPAA privacy rules and applicable state privacy laws, to the extent such laws impose additional privacy requirements. As required by HIPAA, METAMAGICS will obtain your prior express authorization before using your Protected Health Information for any of our direct marketing efforts. You may revoke such an authorization in writing at any time by contacting us at: 44 Whippany Road, Suite 108, Morristown, NJ 07960, Email: legal@METAMAGICS.com. Upon receipt of the written revocation, we will stop using or disclosing your Protected Health Information, except to the extent that we have already taken action in reliance on the authorization.
We may use Personal Information and Health Information to facilitate health care services offered on or through the Services, and we may disclose such information to third-party health care service professionals with whom you choose to communicate. In addition, from time to time, we may establish a business relationship with other persons or entities whom we believe trustworthy and whom we have asked to confirm that their privacy practices are consistent with ours (“Service Providers”). For example, we may contract with Service Providers to provide certain services, such as hosting and maintenance, data storage and management services and marketing and promotions. We provide our Service Providers with the information reasonably necessary for them to perform these services. Each Service Provider must agree to implement and maintain reasonable security procedures and practices appropriate to the nature of the information involved in order to protect your information from unauthorized access, destruction, use, modification or disclosure.
We may use, and disclose to third parties, certain Non-Personal Information regarding the Services (e.g., the total number of persons using particular medications, the aggregate number of inquiries from a particular geographic location, etc.). However, such information does not identify you individually.
We may work with third-party advertising companies which may use information about your visit to the Services in order to provide advertisements about goods and services that may be of interest to you on the Services and on third-party Web sites. From the Services, these companies may place or recognize a unique cookie on your computer or use other technologies such as Web beacons or pixel tags. Our Privacy Policy does not cover any use of information that a third-party advertisement serving company may collect from you. For more information about ad cookies and companies that provide users the ability to “opt-out” of the collection of information from such cookies, please click here [link: http://www.networkadvertising.org/managing/opt_out.asp].
We may disclose your information with entities controlling, controlled by or under common control with METAMAGICS for the purposes and to the extent permitted under this Privacy Policy. In certain instances, we may disclose your information when we believe it is necessary to identify, contact or bring legal action against persons or entities in order to protect METAMAGICS or our users, or when we believe that the law or legal process requires such disclosure. In addition, in the event that METAMAGICS is merged, sold or in the event of a transfer of some or all of our assets, we may disclose or transfer your information in connection with such a transaction.
Please be advised that, whenever you voluntarily post information to any community or interactive areas of the Services, such information can and may be accessed by the public. This means that any person or entity with access to such information can potentially use it for any purpose, including sending unsolicited communications.
Information that we collect is stored on servers that METAMAGICS manages, using standard security procedures and practices appropriate to the nature of the information in an effort to protect information from unauthorized access, destruction, use, modification or disclosure. However, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect information transmitted on or through the Services, we cannot and do not guarantee or warrant the security of any information you transmit on or through the Services, and you do so at your own risk.