Disclaimer
Disclaimer
This app is for general information only. You should not use it for the diagnosis or treatment of medical conditions. We have used all reasonable care in compiling the information but cannot warrant its accuracy. Please consult your doctor or another suitably qualified health professional for diagnosis and treatment of medical conditions, or if you're not sure what to do about a health problem.
End-user licence agreement (EULA)
This end-user licence agreement (EULA) is a legal agreement between you (End-user or you) and TGP healthcare and management pvt Ltd of Haryana, India (Licensor, us or we) for the ESC Student Health App mobile application software, the data supplied with the software, and the associated media (App). We license use of the App to you on the basis of this EULA and subject to any rules or policies applied by any appstore provider (Apple) or operator from whose site, located at https://itunes.apple.com/ (Appstore) or https://play.google.com/store/apps?hl=en (Google Play), the End-user downloaded the App (Appstore Rules and Google Play Terms of Service). We remain the owner of the App at all times and are solely responsible for the Licensed application and the content thereof.
Agreed Terms
The agreed terms cover the following:
- Acknowledgements
- Grant and scope of licence
- Licence restrictions
- Acceptable use restrictions
- Intellectual property rights
- No warranty
- Limitations of liability
- Termination
- Communication between us
- Events outside our control
- Third parties
- Other important terms
Acknowledgements
The terms of this EULA apply to the App or any of the services accessible through the App (Services).Whilst the information available in the App may be useful for End-Users in other countries, the App and the Services have been developed for and are aimed at users in the INDIA.We may change these terms at any time by notifying you of a change when you next start the App or log onto one of the websites referred to in condition 1.7. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the Services.From time to time updates to the App may be issued through the Appstore. Depending on the update, you may not be able to use the Services until you have downloaded or streamed the latest version of the App and accepted any new terms.References to Devices or a Device in this EULA means the Apple mobile or handheld device(s) onto which you have downloaded the App, or which have access to the App via other accounts associated with you such as family sharing or volume purchasing accounts.
Grant and scope of licence
In consideration of you agreeing to abide by the terms of this EULA, we grant you a non-transferable, non-exclusive licence to use the App on the Devices, subject to these terms, the Privacy Policy and the Appstore Rules, incorporated into this EULA by reference. We reserve all other rights. When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data. You may download or stream a copy of the App onto a Device and view, use and display the App on the Devices for your personal purposes only.
Licence restrictions
Except as expressly set out in this EULA or as permitted by any local law, you agree:
- Not to copy the App except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security.
- Not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App.
- Not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs.
- Not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the App with another software program, and provided that the information obtained by you during such activities.
- Is used only for the purpose of achieving inter-operability of the App with another software program.
Acceptable use restrictions
- Not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App, any Service or any operating system.
- Not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service (to the extent that such use is not licensed by this EULA).
- Not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service.
- Not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users.
- Not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service, together Acceptable Use Restrictions .
Intellectual Property Rights
- You acknowledge that all intellectual property rights in the App and the Technology anywhere in the world belong to us or our licensors, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App or the Technology other than the right to use each of them in accordance with the terms of this EULA.
- You acknowledge that you have no right to have access to the App in source-code form.
No warranty
- The Services are provided 'as is', without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, to the fullest extent permitted by law.
- Without prejudice to the generality of the foregoing paragraph, we do not warrant that the Services will be constantly available, or available at all, or error-free or free from viruses.
Limitation of liability
- You acknowledge that the App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App meet your requirements.
- We only supply the App for domestic and private use. You agree not to use the App for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Termination
- If you commit a material or persistent breach of this EULA which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so.
- If you breach any of the Licence Restrictions or the Acceptable Use Restrictions.
- You must immediately delete or remove the App from all Devices, and immediately destroy all copies of the App then in your possession, custody or control and certify to us that you have done so.
Communication between us
- If you wish to contact us in writing, or if any condition in this EULA requires you to give us notice in writing, you can send this to us by e-mail at tgphealthcare@gmail.com. We will confirm receipt of this by contacting you in writing, normally by e-mail.
- If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your request for the App.
Events outside our control
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this EULA that is caused by any act or event beyond our reasonable control[, including failure of public or private telecommunications networks (Event Outside Our Control).
- If an Event Outside Our Control takes place that affects the performance of our obligations under this EULA.
- Our obligations under this EULA will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
- We will use our reasonable endeavours to find a solution by which our obligations under this EULA may be performed despite the Event Outside Our Control.
Third parties
- By entering this EULA, we and you acknowledge and agree that Apple and Apple's subsidiaries are beneficiaries of this EULA and that Apple has the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary.
Other important terms
- We may transfer our rights and obligations under this EULA to another organisation, but this will not affect your rights or our obligations under this EULA.
- You may only transfer your rights or obligations under this EULA to another person if we agree in writing.
- If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
- Each of the conditions of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
- Please note that this EULA, its subject matter and its formation, are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction.