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Glopeon Technologies Private Limited (“Glopeon” or “us” or “we” or “Company”, which also includes its affiliates) is the author and publisher of the internet resource owns and operates the website www.Glopeon.com and the mobile application ‘Glopeon’ (the “Website”). Glopeon owns and operates the services provided through the Website as well as the software and applications including but not limited to those of the brand names ‘Glopeon Ray’, ‘Glopeon Tab’, ‘Glopeon Reach’, ‘Reach City’, ‘Hello’, and ‘Health Account’.
This Agreement, among other things, provides the terms and conditions for use of Subscription Services, primarily a web based practice management hosted and managed remotely through the website and through native mobile applications as described in Section 3.9 of this Agreement. The site www.Glopeon.com is owned and operated by Glopeon.
1.Your Agreement with Glopeon
1.2You acknowledge that you will be bound by this Agreement for availing any of the Subscription Services offered by us.
1.3Your access to use the Subscription Services will be solely at the discretion of Glopeon.
2.Who is Glopeon?
Glopeon is the author and publisher of the software Glopeon Ray. Glopeon Tab, Glopeon Reach, Reach City, Hello, and all their variants, editions, addons, and ancillary Subscription Services or services (including all files and images contained in or generated by the software, and accompanying data, together the “Software”). The Subscription Services have been designed for use at businesses, institutions, establishments and organisations engaged in the healthcare practices (“Practices”) by healthcare providers (“Practitioners”, which term shall also include designated associates of the healthcare providers who would use Software), and clients of the
healthcare providers (“EndUsers”, which term shall also include members of public who search for Practitioners on the website anonymously or as a registered user of the Service) to find, manage and organise information including but not limited to personal or nonpersonal information, practice and business information, appointments, prescriptions, medical records, billing, inventory and accounting details. All users of the Subscription Services are together termed as (“Users”or “you” or “your”).
2.1Glopeon makes no express or implied representations or warranties about its Subscription Services and disclaims any implied warranties, including, but not limited to, warranties or implied warranties of merchantability or fitness for a particular purpose or use or noninfringement. Glopeon does not authorize anyone to make a warranty on Glopeon’s behalf and you may not rely on any statement of warranty as a warranty by Glopeon.
3.2You must be 18 years of age or older to register; use these Subscription Services in any manner. By registering, or accepting this Agreement, you represent and warrant to Glopeon that you are 18 years of age or older, and that you have the right, authority and capacity to use the Subscription Services available through the Glopeon and agree to and abide by this Agreement. You also represent and warrant that you are not a person barred from receiving the Subscription Services under the laws of India or other countries including the country in which you are resident or from which you use the Subscription Services.
3.3The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but limited to:
1.the Indian Contract Act, 1872,
2.the (Indian) Information Technology Act, 2000, and
3.the rules, regulations, guidelines and clarifications framed thereunder, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”).
3.4A condition of the User’s use of and access to the Subscription Services available provided by Glopeon to Users is the User’s acceptance of this Agreement. Any User that does not agree with any provisions of the same is required to leave this computer resource/the Subscription Services immediately and immediately discontinue use of all Subscription Services available at the Glopeon.
3.5Glopeon authorizes the User to view and access the content available on the Subscription Services solely for ordering, receiving, delivering and communicating only as per this Agreement. The contents of the Subscription Services, information,
text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Subscription Services (collectively, "Glopeon Content"), are the property of Glopeon and are protected under copyright, trademark and other laws. User shall not modify the Glopeon Content or reproduce, display, publicly perform, distribute, or otherwise use the Glopeon Content in any way for any public or commercial purpose or for personal gain.
3.6Multiple Users are not permitted to share the same/single login.
3.7If you are an employee, associate, consultant, intern or are in any way associated to the Practitioner that has subscribed to the Subscription Services and the subscribing Practitioner has authorized you, explicitly or implicitly, to use the Subscription Services, this Agreement is a threeway agreement between you, the Practitioner and Glopeon. Both the Practitioner and Glopeon may seek recourse against you for any violation of the terms of this Agreement.
3.8Users may not transfer (including by way of sublicense, lease, assignment or other transfer, including by operation of law) their login or right to use the Subscription Services to any third party. You, the User, are solely responsible for the way anyone you have authorized to use the Subscription Services and for ensuring that all of such Users comply with all of the terms and conditions of this Agreement. Any violation of the terms and/or conditions of this Agreement by any such User shall be deemed to be a violation thereof by you.
3.10You agree that any registration information you give to Glopeon will always be true, accurate, correct, complete and up to date, to the best of our knowledge. Any phone number used to register with the Subscription Services be registered in your name and you might be asked to provide supporting documents to prove the same.
3.11You agree that you will not use the Subscription Services provided by Glopeon for any unauthorized and unlawful purpose. You will not impersonate another person, including, without limitation, a Practitioner, a Practice or User.
3.13You agree not to access (or attempt to access) any of the Subscription Services by any means other than through the interface that is provided by Glopeon, unless you have been specifically allowed to do so in a separate agreement with Glopeon.
3.14You agree that you will not engage in any activity that interferes with or disrupts the Subscription Services (or the servers and networks which are connected to the Subscription Services).
3.15You agree that you will not reproduce, duplicate, copy, transfer, license, rent, sell, trade or resell the Software or any other Subscription Services for any purpose whatsoever.
3.17You shall indemnify Glopeon for any claims, losses or damages, or for the costs of any regulatory or court proceedings suffered by Glopeon as a result of your breach under any applicable law.
3.18You expressly acknowledge and agree that your use of the Subscription Services is at your sole risk and that the Subscription Services are provided "as is" and "as available”.
3.19You agree that you will not make any unsolicited calls or use any information displayed on the Glopeon, an online platform; to breach any applicable rules and guidelines related to unsolicited commercial communications, including but not limited to regulations & guidelines such as TRAI guidelines for telemarketers, or otherwise violate applicable law while using the Subscription Services.
3.20You agree that this Agreement and the Subscription Services of Glopeon are subject to any modification, or may be removed by Glopeon, as a result of change in government regulations, policies and local laws as applicable.
3.21You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any login you use to access the Software.
3.22Your use of each Subscription Service confers upon you only the rights and obligations relating to such Subscription Service, and not to any other Subscription Service or service that may be provided by Glopeon. For instance, being a subscriber to Glopeon Ray does not automatically entitle you to a higher ranking on Glopeon’s Practitioner search facility.
4.Use of Subscription Services
4.1Glopeon provides Software through its website, as a Software as a Service (SaaS) model. Glopeon is not responsible for and does not deal with any of patient managed by User through the website or native mobile applications and only provides Software to User through the website and native mobile applications.. To the extent User uses such software or downloads such software from the website, the software, will be deemed to be licensed to User by Glopeon, for providing Subscription Services to User and enabling User to use those Software only. Glopeon does not transfer either the title or the intellectual property rights to the Software and other its Subscription Services, and Glopeon (or its licensors) retain full and complete title to the Software as well as all intellectual property rights therein. User agrees to use the Subscription Services and the materials provided therein only for purposes that are permitted by: (a) this Agreement; and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. Information provided by a User to Glopeon may be used, stored or republished by Glopeon or its affiliates even after the termination of these terms of Service.
4.2Glopeon may offer at its discretion, a free trial of its Subscription Services for a specified time period. Users of the Software during the trial period are bound by the terms of this Agreement and any applicable law, regulation and generally accepted practices or guidelines in the relevant jurisdictions. Any data User enters into the Software, and any customizations made to the Software by or for User, during User’s free trial will be permanently lost at the expiry of the specified time period unless the User upgrades his/her/its subscription to one of the User Plans. Glopeon does not provide any warranty during the trial period.
4.3Glopeon offers its Subscription Services on asis basis and has the sole right to modify any feature or customize them at its discretion and there shall be no obligation to honour customization requests of any User. The subscription fee hence charged is exclusive of any customisation costs.
4.4User shall not access the Subscription Services of Glopeon if the User or the organisation that he/she/it represents is Glopeon’s direct competitor, except with Glopeon’s prior written consent. In addition, the User shall not access the Subscription Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
4.5Glopeon provides, at its discretion basic support for the Subscription Services at no additional charge, and/or upgraded support if purchased separately and will use commercially reasonable efforts to make the Subscription Services available 24 hours a day, 7 days a week, except for (i) planned downtime (of which Glopeon shall give at least 8 hours’ notice to Users via the Subscription Services and which Glopeon shall schedule to the extent practicable during the weekend hours from 6:00 p.m. Indian Standard Time (IST) Friday to 6:00 a.m. Indian Standard Time (IST) Monday), or (ii) any unavailability caused by circumstances beyond Glopeon’s reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labour problems, or internet service provider failures or delays. Glopeon will provide the Subscription Services only in accordance with applicable laws and government regulations.
4.6Notwithstanding anything to the contrary contained herein, Glopeon does not warrant that its Subscription Services will always function without disruptions, delay or errors. A number of factors may impact the use of the Subscription Services (depending on the Subscription Services used) and native mobile applications and may result in the failure of your communications including but not limited to: your local network, firewall, your internet service provider, the public internet, your power supply and telephony services. Glopeon takes no responsibility for any disruption, interruption or delay caused by any failure of or inadequacy in any of these items or any other items over which we have no control.
4.7In the event the Software are not available due to apparent default at Glopeon’s end or are rendered unusable, Glopeon may at its discretion extend the subscription period of the Practitioner only by such number of calendar days when the Subscription Services were not available. However, you shall agree that Glopeon is not responsible and will not be held liable for the any failure of the intermediary services such as, internet connectivity failure or telephonic disconnections.
4.8The Subscription Services may be subject to certain limitations, such as, limits on disk storage space, on the number of calls Users are permitted to make against Glopeon’s application programming interface, and, other limitations dependent on the
‘User Plan’, for example, number of SMS, number of appointments, number of users or accounts, validity of subscription and any other limitations. Any such limitations are specified in the User Plans. The Subscription Services have been designed to provide realtime information to enable User to monitor such User’s compliance with such limitations.
4.9Notwithstanding anything to the contrary contained herein, Practitioner alone shall be liable for Practitioner’s dealings and interaction with patient, his/her representatives or affiliates, searching for Practitioners through the Website (the “EndUser”). contacted or managed through the Software and Glopeon shall have no liability or responsibility in this regard. Glopeon does not guarantee or make any representation with respect to the correctness, completeness or accuracy of the information or detail provided by EndUsers or any third party through the Subscription Services. The Subscription Services are not intended for and must not be used for emergency purposes such as emergency appointments, emergency healthcare procedures or any other emergency situations.
i.EndUsers’ Glopeon Health Accounts will display and contain the same information that was created by the EndUser or provided by you. Glopeon is not in a position to validate the information and will not be responsible for any errors in or incompleteness of such information. You hereby represent and warrant that to the extent that you provide any such information, it is true and complete to the best of your knowledge.
ii.By switching on the “Send to Health Account” setting or similar settings in the Subscription Services, you are granting an irrevocable right of ownership to the relevant EndUsers to all the information sent to the Health Account.
iii.For your patients and customers that are not referred to you by Glopeon, it is your responsibility to ensure that such patients’ and customers’ mobile numbers and email IDs are correctly provided and mentioned by you while using the Subscription Services. In case of any errors or changes in details you
are required to inform Glopeon of the same as soon as you become aware of such errors or changes. For those patients and customers that are not referred to you by Glopeon, Glopeon is not responsible for verifying the accuracy or
incompleteness of such persons’ details, and shall not be liable for any errors in the same.
4.10Glopeon may, at its sole discretion, suspend User’s ability to use or access the Subscription Services at any time while Glopeon investigates complaints or alleged violations of this Agreement, or for any other reason.
4.11Glopeon reserves the right to use all information captured in its Subscription Services in anonymised form for the purpose of its Subscription Services improvements, and providing analytics and businesses intelligence to the third parties. On the basis of such information, Glopeon tries to make its Subscription Services more useful in following way:
(i)Promotion of new Subscription Services,
(ii)Analysing software usage patterns for improving Subscription Services design and utility;
(iii)Analysing anonymised patients’ information for research and development of new technologies and any other Subscription Services offerings;
Users can use the rectification tools provided by Glopeon or contact Glopeon immediately for rectifications. Glopeon shall bear no liability or responsibility in this regard.
4.12Glopeon reserves the right to use the following types of information stored in our software:
(iii)EndUsers’ demographic information as anonymised form;
(iv)EndUsers’ information in relation to his health and history (anonymised form);4.12Glopeon automatically lists Practitioner information on its Subscription Services as per information added to a Practice using its Software. The information listed is displayed when EndUsers search for Practitioners or Practices on the Glopeon, and this information listed on the Subscription Services may be used by EndUsers to request
4.13The Subscription Services available by Glopeon accepts online appointment requests for all practitioners listed and displayed on its website. Glopeon intends to take all reasonable steps to duly inform Practices via phone and email for appointment requests made on Service. However, it is possible that some appointment requests do not reach the Practices at all or in a timely manner due to technical or operational reasons including but not limited to cases when Practices do not respond to phone calls made by Glopeon or when Practices do not read emails or text messages sent by Glopeon in timely manner. Glopeon shall have no liability or responsibility in this regard.
4.14While Glopeon makes every feasible effort to ensure a confirmed appointment for a EndUser who requested an appointment on the Service, Glopeon does not guarantee that the appointments will be confirmed in all cases. Further, Glopeon has no liability if such appointment is confirmed but later cancelled by any of the EndUsers, or the Practitioners are not available as per the given appointment time.
4.15Certain Subscription Services (including ancillary Subscription Services) may be subject to additional limitations, restrictions, terms and/or conditions specific to such Software (“Specific Terms”). In such cases, the applicable Specific Terms will be and your access to and use of the relevant Subscription Services will be contingent upon your acceptance of and compliance with such Specific Terms.
4.16 Glopeon reserves the right to add new functionality, remove existing functionality, and modify existing functionality to its Subscription Services as and when it deems fit, and make any such changes available in newer versions of its Subscription Services or native mobile application or all of these at its discretion. All Users of its Subscription Services will be duly notified upon release of such newer versions and Glopeon reserves
the right to automatically upgrade all Users to the latest version of its Software as and when it deems fit.
4.17.1Glopeon Ray (“Ray”) is available ‘on the cloud’ wherein Practitioners are able to access to solution for a specific period of time, as chosen by them.
4.17.2The Practitioner agrees that if the Software is being used by its employees or agents, including receptionists, such employees or agents will use the Software in accordance with this Agreement.
4.17.3User can use Ray to book appointments with EndUsers, send EndUsers reminders for appointments, record their clinical notes, generate their prescriptions and to generate bills and invoices.
4.17.4Ray being an ancillary product of Glopeon, the reviews and recommendations shared over Ray can be displayed on the Website. Reviews and recommendations of the EndUsers not registered with Glopeon may be displayed on the Website through Ray. User agrees that Glopeon shall not be responsible for any of the reviews made on the Website.
4.17.6Glopeon reserves the right to make any further operational changes to the Software, at its discretion and the Practitioners will be notified of such changes or updates with a prior notice. Glopeon reserves the right to extend and withdraw ‘ABS’ (also known as Instant) functionality to you at its sole discretion, based on the number of EndUser appointments being honoured by you. The extension or withdrawal of such facility shall be intimated to you by Glopeon.
4.17.7User shall agree that they will be subscribing the Software for the purpose of EndUser management and will not use the Subscription Services provided by Glopeon for any unauthorized and unlawful purpose. You will not impersonate another person.
4.17.8User shall agree that you will indemnify and keep indemnified Glopeon for all the costs, damages and losses any in case of any breach of security procedures by the User(s), User’s employees or its vendors.
4.17.9Any communication sent by or through Glopeon to the clients or customers (whether or not EndUsers) of a particular Practitioner is based solely on information uploaded by such Practitioner on the Ray software. The accuracy and completeness of such information (including but not limited to contact details of the client or customer) is the sole responsibility of the Practitioner. Glopeon will not be responsible for the
incompleteness or inaccuracy such information, including if as a result of such inaccuracy, a communication is sent to an unintended recipient.
4.18.1Glopeon is the author and publisher of the software Glopeon Tab (“Tab”), which is available to the Users in a prepackaged form, installed in a tablet and is usually used by the Practices and Practitioners. Tab allows Practitioners to register the EndUsers, capture their clinical notes and prescriptions and access Ray.
4.18.2User shall agree that the Glopeon provides the tab software installed in the tablet and has no responsible in relation to the working of the hardware. Purchase of Tab will be according to the specifications detailed by Glopeon only after authorisation made by the User.
4.18.3Tab is a close ended device which allows a User to have an access to only Glopeon and its ancillary products. However, Glopeon reserves the right to uninstall Tab on request made by the User, upon which the tablet can be used for any and every other purpose.
4.18.5Glopeon reserves the right to provide support services to its Users as per the terms of this Agreement, only once the User has made his payment.
4.18.6User shall agree that Glopeon is responsible to the extent of its Subscription Services and shall not be held liable beyond the scope of this Agreement.
4.18.7User shall agree that Glopeon shall be liable for any costs or damages, whatsoever to extent of the amount equal to User’s yearly subscription.
4.18.8Any communication sent by the Practitioner to its clients or customers (whether or not EndUsers) based on information collected by the Practitioner of its clients or customers will be sole responsibility of the Practitioner. The Practitioner must ensure accuracy of such communication sent, and must ensure that it is sent to the intended recipient.
4.19.1Nature of Product
a) Glopeon Reach is a subscription package which enables Practices the opportunity to appear at a superior position among the search results of an EndUser in a particular Zone. A Zone is a predefined group of localities in a city. Glopeon reserves the right to alter the limits of any predefined Zone at its own discretion on a subscription basis, based on applicable filters.
b) Glopeon Reach City is a subscription package which offers Practices the opportunity to appear at a superior position among the search results of an EndUser within a particular City, based on applicable filters.
Subscription Term is the number of months for which the Practices purchase the subscription for using the Software.
a)Glopeon Reach subscription is defined as a package provided to the subscribers which includes predefined Zones, group of keywords and specialization of the Practices.
b)Glopeon Reach City subscription is defined as a package provided to the subscribers which includes City, predefined group of keywords and specialization of the Practices.
c)Glopeon Reach and Reach City subscriptions include the following:
i.A listing at the top position on the search result page of the Website for the Zone or City as applicable depending on the subscription and subject to Exclusivity (as described hereunder); andii.A report which provides details of Impressions (number of views of the Reach Card in a search results page on the Website), in the Practice’s Glopeon account. A Reach Card is a section of the result page on the Website of the subscriber Practice, which can be modified at the sole discretion of Glopeon.
d)Glopeon Reach or Reach City subscriptions do not include the following:
i.Minimum guarantee of appointments, phone calls, patient walkins etc;
ii.Minimum guarantee of Impressions;
iii.Recommendations given by the EndUsers; andiv.Any modification to Practice’s and/or Practitioner’s Glopeon Profile.
188.8.131.52 Exclusivity for Glopeon Reach City
Reach City subscriptions are subject to exclusivity packages as provided by Glopeon on an availability basis. Subscriber Practices may choose to purchase exclusivity to appear as the top search result in certain probability (25%, 50%, 75%, 100%) based on the subscription. However, if a keyword is removed or added to the subscription
package Glopeon shall not guarantee exclusivity to appear on the search result page, when such keyword is used.
One exception to the exclusivity rule is that if a keyword is removed or added to the keyword group which is part of the subscription, Glopeon will not guarantee exclusivity on that keyword.
Glopeon also reserves the right to modify or remove any information on the Reach Card that the healthcare practice has within its control, if it does not meet Glopeon’s guidelines stated below.
184.108.40.206 Other Glopeon Services
4.19.2Glopeon Reach/Reach City lists only the Practitioners/Practices registered with the Website and Glopeon reserves the right to display or to take down any listing, as applicable under the law.
4.19.4Glopeon reserves the rights to display the reviews or the recommendations of the User on the Practitioners/Practices, when you are looking for an appointment. However, Glopeon will not be liable for any inaccuracy or claims made on the Glopeon Reach/ Reach City.
4.19.5Glopeon shall not be liable for any third party claims arising under the applicable laws in relation to Glopeon Reach/Reach City and the Users and Practitioner are advised to review and adhere to applicable laws and regulations in relation to applicable jurisdiction.
4.19.6Glopeon will not be liable for accuracy or inaccuracy of information or the claims made in Glopeon Reach/Reach City. Glopeon does not encourage the Users to visit the Glopeon Reach/Reach City page or to avail any services from them. Glopeon will not be liable for the services provided by Glopeon Reach Practitioners/Practices or for the content posted by Practitioners/Practices.
4.19.7The User of Glopeon Reach/Reach City may also be a User of Glopeon Ray (https://www.Glopeon.com/ray) and Glopeon Tab (https://help.Glopeon.com/category/Glopeontab/). If any User or Practitioner/Practice
requires a takedown of any Glopeon Reach/ Reach City listing, the same may be the subject matter of a notice to the Grievance Officer as provided hereunder.
4.19.8Your use of ‘Glopeon Reach’/ ‘Reach City’ does not constitute an explicit or implicit warranty or guarantee by Glopeon that you will receive any particular number of bookings, appointments, or enquiries from EndUsers of Glopeon or otherwise. The ‘Glopeon Reach’ and ‘Reach City’ merely enables listing of your information (should you choose to subscribe to it) on a priority basis, with a ‘sponsored’ ranking, and is provided on an asis basis.
4.20Payment, Fees and Taxes:(a)Glopeon may add new Subscription Services for additional fees and charges or may proactively amend fees and charges for existing Subscription Services, at any time in its sole discretion. Fees stated prior to the Subscription Services being provided, as amended at Glopeon’s sole discretion from time to time, shall apply.
(b)If you purchase any subscription based paid Service, you authorize Glopeon to charge you applicable fees at the beginning of every subscription period or at such intervals as applicable to the said Service, and you authorise Glopeon make such modification to the fee structure as required during the subsistence of a subscription period and also agree to abide by such modified fee structure.
(c)You agree that the billing credentials provided by you for any purchases from Glopeon will be accurate and you shall not use billing credentials that are not lawfully owned by you.
(d)The User agrees to pay all subscription fees, consulting fees and other fees applicable to User’s use of Subscription Services and the User shall not circumvent the fee structure. The fee is dependent on the User Plan that User purchases and on any additional usage beyond limitations of the User plans but not on actual usage of the Subscription Services. The subscription fee is nonrefundable.
(e)Each User is solely responsible for payment of all taxes, legal compliances, and statutory registrations and reporting. Glopeon is in no way responsible for any of the User’s taxes or legal or statutory compliances, except for its own due diligence.
(f)Glopeon may make available an offline fee payment facility, supported by a third party vendor. Glopeon is not responsible for any loss or damage caused to the User using this payment facility provided by such third party vendor.
(g)The fees could also be paid by cheque payable at Bengaluru, either collected personally from the User or required to be mailed to Glopeon at the following address: Glopeon Technologies Private Limited, …………………………………………..
(h)All fees are exclusive of taxes. Service Tax and other statutory taxes as applicable are levied on every purchase.
(i)The payment process would be considered to be complete only on receipt of the fees into Glopeon's designated bank account.
(j)Fees not received within the specified due dates attract late charges of 18% per annum from the duedate of payment, and any such charges may be levied at Glopeon's sole discretion.
(k)Glopeon reserves the right to modify the fee structure by providing a 30 (thirty) days’ prior notice, either by notice on the Subscription Services or through email to the authorized User, which shall be considered as valid and agreed communication. Upon the User not communicating any response to Glopeon to such notice, Glopeon shall apply the modified fee structure effective from the expiry of the said notice period.
(m)Notwithstanding anything to the contrary contained herein, in case the payments are made by a User through credit card, an invoice for subsequent subscription period/renewals shall be generated 10 (ten) days prior to the expiry of the existing subscription period and an email will be sent to such User registered with Glopeon intimating such User about expiration of the current subscription period and that the credit card of such User registered with Glopeon will be charged automatically against payment of subscription fee for subsequent subscription period, along with a copy of the invoice for the subsequent subscription period/renewal. Subject to the provisions of section 8.2 below, if a User is not willing to continue or renew the subscription of Subscription Services, the same shall be communicated to Glopeon by the User within 5 (five) days of receipt of such intimation from Glopeon. In the absence of such intimation to discontinue the subscription, Glopeon shall be entitled to charge the credit card of the User registered with Glopeon on the day the current subscription period expires.
(n)Glopeon shall send an intimation of receipt of fee from the Users through an email within 7 (seven) working days of receipt of fee into Glopeon’s designated bank account.
(o)In case of nonpayment of any fee beyond the date a payment becomes overdue (overdue date), Glopeon reserves the right to take any or all of the following actions as it deems appropriate
(i)reduce all Subscription Service credits in Users’ Subscription Services account to 0 (zero) anytime after 7 (seven) days from the overdue date, including but not limited to SMS and Call credits.
(ii)discontinue the Subscription Services to the User anytime after 30 (thirty) days from the overdue date.
(iii)delete all information in User’s account anytime after 90 (ninety) days from the overdue date.
(p)Fees and charges shall be calculated solely based on records maintained by Glopeon or its third party billing provider. No other information of any kind shall be acceptable by us or have any effect under this agreement. Decision of Glopeon shall be final and binding in relation to any fees payable by Users.
(r)Glopeon will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Subscription Services, or parts thereof, except that you are only entitled to a prorated refund representing the unused (as of the date of termination) portion of any subscription fees, paid deposits or payments for Subscription Services other than the nonrefundable one time setup fees as due prior to permanent discontinuation the Subscription Services or upon the expiry of 45 (forty five) days from the date of your written notice to Glopeon. Glopeon shall have the right to deduct any taxes that are due in relation to the refund amount (if any).
(s)The subscription fees are nontransferable and the payment made by the User for a particular Subscription Service cannot be transferred or carried over to another Service.
5.Collection, Use, Storage and Transfer of Personal Information
1.The type of information collected from Users, including sensitive personal data or information;
2.The purpose, means and modes of usage of such information; and3.How and to whom Glopeon will disclose such information.
(a)the fact that the information is being collected;
(b)the purpose for which the information is being collected;
(c)the intended recipients of the information;
(d)the name and address of the agency that is collecting the information and the agency that will retain the information; and(e)the various rights available to such Users in respect of such information.
5.4Each Practice and its users of Software will be responsible for obtaining explicit consent from their EndUsers before storing any EndUser information in Software.
5.5Glopeon shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User to Glopeon or any other person acting on behalf of Glopeon.
5.7The User is responsible for maintaining the confidentiality of the User’s login account access information and password. The User shall be responsible for all usage of the User’s login or password, whether or not authorized by the User. The User shall immediately notify Glopeon of any actual or suspected unauthorized use of the User’s login or password. Although Glopeon will not be liable for your losses caused by any unauthorized use of your account such as stolen or hacked passwords, you may be liable for the losses to Glopeon or any others parties due to such unauthorized use.
5.8If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Glopeon has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Glopeon has the right to discontinue the Subscription Services to the User at its sole discretion.
5.9Glopeon may, at its discretion, use information stored in its Subscription Services from time to time for the purposes of debugging customer support related issues.
6.Covenants6.1As mandated by Regulation 3(2) of the IG Rules, Glopeon hereby informs the User that the User is not permitted to host, display, upload, modify, publish, transmit, update or share any information that:
(a)belongs to another person and to which the User does not have any right to;
(b)is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
(c)harm minors in any way;
(d)infringes any patent, trademark, copyright or other proprietary rights;
(e)violates any law for the time being in force;
(f)deceives or misleads the addressee (or EndUser or User) about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(g)impersonate another person;
(h)contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
(i)threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
6.2The User is also prohibited from:
(a)violating or attempting to violate the integrity or security of the Subscription Services or any Glopeon Software;
(b)transmitting any information (including job posts, messages and hyperlinks) on or through the Subscription Services that is disruptive or competitive to the provision of Subscription Services by Glopeon;
(c)intentionally submitting on the Subscription Services any incomplete, false or inaccurate information;
(d)making any unsolicited communications to other Users;
(e)using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Service;
(f)attempting to decipher, decompile, disassemble or reverse engineer any part of the Subscription Services unless explicitly permitted by Glopeon;
(g)copying or duplicating in any manner any of the Glopeon content or other information available from the Service;
(h)framing or hotlinking or deeplinking any Glopeon content.
(i)circumventing or disabling any digital rights management, usage rules, or other security features of the Software.
6.3Glopeon, upon obtaining knowledge by itself or being brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned in S. 6.2 above, shall be entitled to disable such information that is in contravention of S. 6.2. Glopeon shall be entitled to preserve such information and associated records for at least 90 (ninety) days for service on to governmental or investigative authorities for investigation purposes.
6.6Glopeon respects the intellectual property rights of others and we do not hold any responsibility for any violations of any intellectual property rights.
7.2The User shall not hold Glopeon responsible or liable in any way for any disclosures by Glopeon under Regulation 6 of the SPI Rules.
7.3The Software provided by Glopeon or any of its licensors or providers are provided "as is”," as available”, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and noninfringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). Glopeon does not provide or make any representation, warranty or guaranty, express or implied about the Subscription Services. Glopeon does not verify any content or information provided by Users on its Subscription Services and to the fullest extent permitted by law, disclaims all liability arising out of the User’s use or reliance upon the Subscription Services, , the Glopeon Content, representations and warranties made by the Users or the content or information provided by the Users on the Subscription Services or any opinion or suggestion given or expressed by Glopeon or any User in relation to any User or Subscription Services provided by such User.
7.4Glopeon assumes no responsibility, and shall not be liable for ways in which EndUser data is used by Practitioners and other authorized users of Software at a Practice. It is the responsibility of the Practice alone to ensure that the EndUser data either stored in Software or taken out from Software by printing or exporting to PDF, CSV or any other computer file format or data stored offline in mobile devices of users accessing Software through mobile applications published by Glopeon, is used in compliance to local privacy laws applicable to the Practice’s business transactions with EndUsers.
7.5The Subscription Services of Glopeon may be linked to the services of third parties, affiliates and business partners. Glopeon has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such Subscription Services or made available by/through our Subscription Services. Inclusion of any
link on the Subscription Services does not imply that Glopeon endorses the linked site. User may use the links and these Subscription Services at User’s own risk.
7.6Glopeon assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the Subscription Services or the downloading of any material, data, text, images, video content, or audio content from the Service. If a User is dissatisfied with the Service, User’s sole remedy is to discontinue using the Subscription Services of Glopeon.
7.7The Subscription Services may enable User to communicate with other Users or to post information to be accessed by others, whereupon other Users may collect such data. Such Users, including any moderators or administrators, are not authorized Glopeon representatives or agents, and their opinions or statements do not necessarily reflect those of Glopeon, and they are not authorized to bind Glopeon to any contract. Glopeon hereby expressly disclaims any liability for any reliance or misuse of such information that is made available by Users or visitors in such a manner.
7.8In no event, including but not limited to negligence, shall Glopeon, or any of its directors, officers, employees, agents or content or service providers (collectively, the “protected entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Subscription Services or the content, materials and functions related thereto, User’s provision of information via the Subscription Services of the Glopeon, lost business or lost sales, even if such protected entity has been advised of the possibility of such damages. In no event shall the protected entities be liable for provision of or failure to provide all or any Subscription Services by Practitioners to End Users contacted or managed through the Service. In no event shall the protected entities be liable for or in connection with any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Subscription Services. In no event shall the total aggregate liability of the protected entities to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from the terms and conditions or a User’s use of the Subscription Services exceed, in the aggregate Rs. 1000.
7.9In no event shall the protected entities be liable for failure on the part of the Users to provide agreed Subscription Services or to make himself/herself available at the appointed time, cancellation or rescheduling of appointments. In no event shall the
protected entities be liable for any comments or feedback given by any of the Users in relation to the Subscription Services provided by a User.
7.10The listing order of Practitioners and/or Practices on the Subscription Services is based on numerous factors including EndUsers’ comments and feedbacks. In no event shall the protected entities and the Glopeon be liable or responsible for the listing order of Practitioners and/or Practices on the Service. Further, Glopeon shall not be responsible for adverse feedback or comments, or ratings on the Subscription Services which are a subject matter of automated processes, and Glopeon disclaims any liability for lost business or reputation of a User due to information, data or ratings that’s are available on the Service. Glopeon at its discretion hold the sole right to display the listing order of the Practitioner and/ or Practices.
7.11The reviews and the feedbacks are displayed by the Glopeon at its discretion. You agree that Glopeon may contact you through telephone, email, sms, or at your contact details for the limited purpose of:
i. Obtaining feedback in relation to Glopeon’s Subscription Services; and/or
ii.Obtaining feedback in relation to any Practitioners or the HCPs listed on the Service.
7.11The protected entities and the Glopeon shall not be liable for any act or omission of any other company or companies furnishing a portion of the Service, or from any act or omission of a third party, including those vendors participating in Glopeon Subscription Services made to you, or for any unauthorized interception of Customer’s communications or other breaches of privacy attributable in part to the acts or omissions of Customer or third parties, or for damages associated with the Service, or equipment that it does not furnish, or for damages that result from the operation of Customer provided systems, equipment, facilities or services that are interconnected with the Service.
8.Indemnity8.1User agrees to indemnify and hold harmless Glopeon, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from any and all third party vendors, from claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from his/her/ its access to or use of Software, violation of this Agreement, or infringement, or infringement by any other user of his/her/its account, of any intellectual property or other right of any person or entity. Glopeon will notify you promptly of any such claim, loss, liability, or demand,
and in addition to your foregoing obligations, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
9.Spamming9.1Glopeon has a zerotolerance spam policy. Glopeon employs controls on user permission to receive Content from Glopeon’s Subscription Services and has easily accessible ways for users to block or not receive content if they chose to. However, Glopeon’s policy on spam is clearly stated below:
(a)Spamming is defined as the practice of (i) sending unsolicited messages, likely with commercial content, (ii) in large quantities (iii) to an indiscriminate set of recipients. The result of this practice is termed “Spam”.
(b)The sender of any message deemed to be "spam" is liable for Rs. 5,000/ for each EndUser that receives each unauthorized message. The sender of ‘Spam’ will pay all fees owed to Glopeon within thirty (30) days of such transmission.
10.Term, Termination and Disputes
10.1This Agreement will remain in full force and effect while the User is a user of any of the Subscription Services in any form or capacity.
10.2The User can request for termination of his/her/its membership with Glopeon at any time by providing 30 (thirty) days’ prior written notice to support@Glopeon.com. During this 30day period, Glopeon will investigate and ascertain the fulfilment of any ongoing Subscription Services or pending dues related to subscription fees or any other fees by the User. Glopeon may require the User to continue his/her/its subscription until the completion or termination of an ongoing Subscription Services or
subscription period, should the situation warrant and at Glopeon’s discretion. The User shall be obligated to clear any dues with Glopeon for any of its Subscription Services for which the User has procured. Glopeon shall not be liable to you or any third party for any termination of your access to the Site and/or the Subscription Services.
10.3Glopeon reserves the right to terminate any account in cases:
(b)Glopeon is unable to verify or authenticate any information provide to Glopeon by a User; or(c)Glopeon believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for Glopeon or are contrary to the interests of the Service.
10.5Return of User’s Data: Upon request by a User made within 30 (thirty) days after the effective date of termination of a Subscription Services subscription due to nonpayment, Glopeon will make available to the User for download a copy of such User’s data in comma separated value (.csv) format or any other format as determined by Glopeon. After such 30 (thirty) days period, Glopeon shall have no obligation to maintain or provide any of such User’s data and shall thereafter, unless legally prohibited, delete all User’s data in its systems or otherwise in its possession or under its control. In cases where User terminates the subscription voluntarily, it will be the sole responsibility of the User to make a copy of their data before terminating the subscription Users data will not be available after termination of subscription in such cases.
10.6Glopeon reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of the User’s content from the Subscription Services and immediate termination of the User’s account with or without ability to access the Softwares, upon any breach by the User of this Agreement or if Glopeon is unable to verify or authenticate any information the User submits to Glopeon, or if the User fails to provide (or after providing such consent, later revokes) the consents necessary or desirable for Glopeon to provide the Subscription Services to the User.
10.7This Agreement and any contractual obligation between Glopeon and User will be governed by the laws of India, subject to the exclusive jurisdiction of Courts in Bengaluru, India.
10.8Even after termination, certain obligations mentioned under Covenants, Liability, Indemnity, Intellectual Property, Dispute Resolution will continue and survive termination.
10.9Any amendment in these Terms shall replace all previous versions of the same.
11.Theft of Subscription Services
11.1You agree to notify Glopeon immediately, in writing or by mail to support@Glopeon.com or by calling Glopeon customer care on +918880588999, if your content is stolen or if you become aware at any time that your account with any Subscription Service is being misused or being used fraudulently. When you call or write, you must provide your account details and a detailed description of the circumstances of the theft or fraudulent use of the Subscription Services. Failure to do so promptly or within a reasonably prompt time period after discovery of the improper use may result in the termination of your Subscription Services and additional charges to you. You will be liable for all use of the Subscription Services if your account is misused and also for any and all stolen Subscription Services or fraudulent use of the Service. Notwithstanding anything herein to the contrary, Glopeon shall not be liable to extend the subscription period or waiveoff any fees on account of such theft or fraudulent use. This includes, but is not limited to, modem hijacking, wireless hijacking, or other fraud arising out of a failure of your internal or corporate security procedures. Glopeon will not issue refunds for fraudulent use resulting from your negligent or wilful acts or those of an authorized user of your Subscription Services.
12.Misuse of the Subscription Services
13.Severability & Waiver
14.1If any User has any question, issue, complaint regarding any of our Subscription Services, please contact our customer service at support@Glopeon.com.
14.2If a User has any questions concerning Glopeon, the Service, this Agreement, or anything related to any of the foregoing, Glopeon can be reached at the following email address support@Glopeon.com or via the contact information available from the following hyperlink: www.Glopeon.com/contact
Glopeon Technologies Private Limited (“us”, “we”, or “Glopeon”) is the author and publisher of the internet resource www.Glopeon.com (“Website”) on the world wide web as well as the software and applications provided by Glopeon, including but not limited to the mobile application ‘Glopeon’, and the software and applications of the brand names ‘Glopeon Health Account’ (together with the Website, referred to as the “Services”).
ii.Regulation 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”); and
iii.Regulation 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011.
i.The type of information collected from the Users, including sensitive personal data or information;
ii.The purpose, means and modes of usage of such information; and
iii.How and to whom Glopeon will disclose such information.
2.COLLECTION OF PERSONAL INFORMATION
Generally some of the Services require us to know who you are so that we can best meet your needs. When you access the Services, we may ask you to voluntarily provide us with certain information that personally identifies you or could be used to personally identify you. Without prejudice to the generality of the above, information collected by us from you may include (but is not limited to) the following:
i.contact data (such as your email address and phone number);
ii.demographic data (such as your gender, your date of birth and your pin code);
iii.data regarding your usage of the services and history of the appointments made by or with you through the use of Services;
iv.insurance data (such as your insurance carrier and insurance plan); and
v.other information that you voluntarily choose to provide to us (such as information shared by you with us through emails or letters.
The information collected from you by Glopeon may constitute ‘personal information’ or ‘sensitive personal data or information’ under the SPI Rules. Personal information is defined under the SPI Rules to mean any information that relates to a natural person, which, either directly or indirectly, in combination with other information
available or likely to be available with a body corporate, is capable of identifying such person.
The SPI Rules further define “sensitive personal data or information” of a person to mean personal information about that person relating to:
ii.financial information such as bank accounts, credit and debit card details or other payment instrument details;
iii.physical, physiological and mental health condition;
v.medical records and history;
vii.information received by body corporate under lawful contract or otherwise;
viii.visitor details as provided at the time of registration or thereafter; and
ix.call data records.
Information that is freely available in the public domain or accessible under the Right to Information Act, 2005 or any other law will not be regarded as personal information or sensitive personal data or information.
3.1ALL USERS NOTE:
This section applies to all Users.
iii.All the information provided to Glopeon by a User, including sensitive personal information, is voluntary. You understand that Glopeon may use certain information of yours, which has been designated as ‘sensitive personal data or information’ under the SPI Rules, (a) for the purpose of providing you the Services, (b) for commercial purposes and in an aggregated or non- personally identifiable form for research, statistical analysis and business intelligence purposes, for (c) for sale or transfer such research, statistical or intelligence data in an aggregated or non-personally identifiable form to third parties and affiliates. Glopeon also reserves the right to use information provided by or about the End-User for the following purposes:
(a)Publishing such information on the Website.(b)Contacting End-Users for offering new products or services.(c)Contacting End-Users for taking product and Service feedback.(d)Analyzing software usage patterns for improving product design and utility.(e)Analyzing anonymized practice information for commercial use.
You hereby consent to such use of such information by Glopeon.
v.Glopeon does not control or endorse the content, messages or information found in any Services and, therefore, Glopeon specifically disclaims any liability with regard to the Services and any actions resulting from your participation in any Services, and you agree that you waive any claims against Glopeon relating to same, and to the extent such waiver may be ineffective, you agree to release any claims against Glopeon relating to same.
vi.You are responsible for maintaining the accuracy of the information you submit to us, such as your contact information provided as part of account registration. If your personal information changes, you may correct, delete inaccuracies, or amend information by making the change on our member information page or by contacting us through privacy@Glopeon.com. We will make good faith efforts to make requested changes in our then active databases as soon as reasonably practicable. If you provide any information that is untrue, inaccurate, out of date or incomplete (or becomes untrue, inaccurate, out of date or incomplete), or Glopeon has reasonable grounds to suspect that the information provided by you is untrue, inaccurate, out of date or incomplete, Glopeon may, at its sole discretion, discontinue the provision of the Services to you.
vii.You may choose to unsubscribe from promotional communications that you receive from Glopeon by clicking the ‘unsubscribe’ link provided at the end of every such promotional communication.
viii.If you wish to cancel your account or request that we no longer use your
information to provide you services, contact us through support@Glopeon.com. We will retain your information for as long as your account with the Services is active and as needed to provide you the Services. We shall not retain such information for longer than is required for the purposes for which the information may lawfully be used or is otherwise required under any other law for the time being in force. After a period of time, your data may be anonymized and aggregated, and then may be held by us as long as necessary for us to provide our Services effectively, but our use of the anonymized data will be solely for analytic purposes.
ix.If you wish to opt-out of receiving non-essential communications such as promotional and marketing-related information regarding the Services, please send us an email at support@Glopeon.com
x.Glopeon may require the User to pay with a credit card, wire transfer, debit card or cheque for Services for which subscription amount(s) is/are payable. Glopeon will collect such User’s credit card number and/or other financial institution information such as bank account numbers and will use that information for the billing and payment processes, including but not limited to the use and disclosure of such credit card number and information to third parties as necessary to complete such billing operation. Verification of credit information, however, is accomplished solely by the User through the authentication process. User’s credit-card/debit card details are transacted upon secure sites of approved payment gateways which are digitally under
encryption, thereby providing the highest possible degree of care as per current technology. However, Glopeon provides you an option not to save your payment details. User is advised, however, that internet technology is not full proof safe and User should exercise discretion on using the same.
xi.Due to the communications standards on the Internet, when a User or the End-User or anyone who visits the Website, Glopeon automatically receives the URL of the site from which anyone visits. Glopeon also receives the Internet Protocol (IP) address of each User’s computer (or the proxy server a User used to access the World Wide Web), User’s computer operating system and type of web browser the User is using, email patterns, as well as the name of User’s ISP. This information is used to analyze overall trends to help Glopeon improve its Service. The linkage between User’s IP address and User’s personally identifiable information is not shared with third parties. Notwithstanding the above, Glopeon may share some of the aggregate findings (not the specific data) in anonymized form (i.e., non-personally identifiable) with advertisers, sponsors, investors, strategic partners, and others in order to help grow its business.
xii.The Website uses temporary cookies to store certain data (that is not sensitive personal data or information) that is used by Glopeon and its service providers for the technical administration of the Website, research and development, and for User administration. In the course of serving advertisements or optimizing services to its Users, Glopeon may allow authorized third parties to place or recognize a unique cookie on the User’s browser. The cookies however, do not store any personal information of the User.
xiii.A User may have limited access to the Website and make appointments with the doctors without creating an account on the Website. Unregistered Users can make appointments with the doctors by providing their name and phone number. In order to have access to all the features and benefits on our Website, a User must first create an account on our Website. To create an account, a User is required to provide the following information, which such User recognizes and expressly acknowledges is personal information allowing others, including Glopeon, to identify the User: name, User ID, email address, country, ZIP/postal code, age, phone number, password chosen by the User and valid financial account information. Other information requested on the registration page, including the ability to receive
promotional offers from Glopeon, is optional. Glopeon may, in future, include other optional requests for information from the User to help Glopeon to customize the Website to deliver personalized information to the User. However, Glopeon assumes your consent in relation to various matters, once you complete the registration process.
xv.The Website may enable User to communicate with other Users or to post information to be accessed by others, whereupon other Users may collect such data. Such Users, including any moderators or administrators, are not authorized Glopeon representatives or agents, and their opinions or statements do not necessarily reflect those of Glopeon, and they are not authorized to bind Glopeon to any contract. Glopeon hereby expressly disclaims any liability for any reliance or misuse of such information that is made available by Users or visitors in such a manner.
xvii.Glopeon maintains a strict "No-Spam" policy, which means that Glopeon does not intend to sell, rent or otherwise give your e-mail address to a third party without your consent.
xviii.Glopeon has implemented best international market practices and security policies, rules and technical measures to protect the personal data that it has under its control from unauthorised access, improper use or disclosure, unauthorised modification and unlawful destruction or accidental loss. However, for any data loss or theft due to unauthorized access to the User’s electronic devices through which the User avails the Services, Glopeon shall not be held liable for any loss whatsoever incurred by the User.
xix.Glopeon implements reasonable security practices and procedures and has a comprehensive documented information security programme and information security policies that contain managerial, technical, operational and physical security control measures that are commensurate with respect to the information being collected and the nature of Glopeon’s business. The reasonable security practices and procedures implemented by Glopeon include but are not limited to: encrypting data when it is on the move using industry standard practices, keeping all the data within private cloud, regularly changing production keys and password, secure and very limited access to all production servers, performing regular security updates on our servers and more.
This section applies to all Practitioners.
i.As part of the registration as well as the application creation and submission process that is available to Practitioners on Glopeon, certain information, including sensitive personal data or information is collected from the Practitioners.
statements set out herein prior to submitting any sensitive personal data or information to Glopeon, failing which they are required to leave the Services, including the Website immediately.
iii.Practitioners’ personally identifiable information, which they choose to provide to Glopeon, is used to help the Practitioners describe and identify themselves. This information is exclusively owned by Glopeon. Glopeon may use such information for commercial purposes and in an aggregated or non- personally identifiable form for research, statistical analysis and business intelligence purposes, and may sell or otherwise transfer such research, statistical or intelligence data in an aggregated or non-personally identifiable form to third parties and affiliates. Glopeon also reserves the right to use information provided by or about the Practitioner for the following purposes:
(a)Publishing such information on the Website.(b)Contacting Practitioners for offering new products or services.(c)Contacting Practitioners for taking product feedback.(d)Analyzing software usage patterns for improving product design and utility.(e)Analyzing anonymized practice information including financial, and inventory information for commercial use.
iv.Glopeon automatically enables the listing of Practitioners’ information on its Website for every ‘Doctor’ or ‘Clinic’ added to a Practice using its software. The Practitioner information listed on Website is displayed when End-Users search for doctors on Website, and the Practitioner information listed on Website is used by End-Users to request for doctor appointments. Any personally identifiable information of the Practitioners listed on the Website is not generated by Glopeon and is provided to Glopeon by Practitioners who wish to enlist themselves on the Website, or is collected by Glopeon from the public domain. Glopeon displays such information on its Website on an as-is basis making no representation or warranty on the accuracy or completeness of the information. Glopeon will, however, take reasonable steps to ensure the accuracy and completeness of this information.
v.Glopeon also displays information for Practitioners who have not signed up or registered for the Services. Such Practitioners are verified by Glopeon or its associates, and Glopeon makes every effort to capture accurate information for such Practitioners. However, Glopeon does not undertake any liability for
any incorrect or incomplete information appearing on the Website for such Practitioners.
This section applies to all End-Users.
i.As part of the registration/application creation and submission process that is available to End-Users on this website, certain information, including sensitive personal data or information is collected from the Users.
iii.If you have inadvertently submitted any such information to Glopeon prior to reading the privacy statements set out herein, and you do not agree with the manner in which such information is collected, stored or used, then you may access, modify and delete such information by using options provided on the Website. In addition, you can, by sending an email to privacy@Glopeon.com, inquire whether Glopeon is in possession of your personal data, and you may also require Glopeon to delete and destroy all such information.
iv.End-Users’ personally identifiable information, which they choose to provide on the Website is used to help the End-Users describe/identify themselves. Other information that does not personally identify the End-Users as an individual, is collected by Glopeon from End-Users (such as, patterns of utilization described above) and is exclusively owned by Glopeon. Glopeon may also use such information in an aggregated or non-personally identifiable form for research, statistical analysis and business intelligence purposes, and may sell or otherwise transfer such research, statistical or intelligence data in an aggregated or non-personally identifiable form to third parties and affiliates. In particular, Glopeon reserves with it the right to use anonymized End-User demographics information and anonymized End-User health information for the following purposes:
(a)Analyzing software usage patterns for improving product design and utility.(b)Analyzing such information for research and development of new technologies.(c)Using analysis of such information in other commercial product offerings of Glopeon.(d)Sharing analysis of such information with third parties for commercial use.v.Glopeon will communicate with the End-Users through email, phone and notices posted on the Website or through other means available through the service, including text and other forms of messaging. The End-Users can change their e-mail and contact preferences at any time by logging into their "Account" at www.Glopeon.com and changing the account settings.
vi.At times, Glopeon conducts a User survey to collect information about End- Users' preferences. These surveys are optional and if End-Users choose to respond, their responses will be kept anonymous. Similarly, Glopeon may offer contests to qualifying End-Users in which we ask for contact and demographic information such as name, email address and mailing address. The demographic information that Glopeon collects in the registration process and through surveys is used to help Glopeon improve its Services to meet the needs and preferences of End-Users. This may include targeting advertising to End-Users about our Services.
vii.Glopeon may keep records of electronic communications and telephone calls received and made for making appointments or other purposes for the purpose of administration of Services, customer support, research and development and for better listing of Practitioners.
viii.All Glopeon employees and data processors, who have access to, and are associated with the processing of sensitive personal data or information, are obliged to respect the confidentiality of every End-Users’ sensitive personal data and information.
3.4CASUAL VISITORS NOTE:
i.No sensitive personal data or information is automatically collected by Glopeon from any casual visitors of this website, who are merely perusing the site.
iii.If you, as a casual visitor, have inadvertently browsed any other page of this Website prior to reading the privacy statements set out herein, and you do not agree with the manner in which such information is obtained, stored or used, merely quitting this browser application should ordinarily clear all temporary cookies installed by Glopeon. All visitors, however, encouraged to use the “clear cookies” functionality of their browsers to ensure such clearing / deletion, as Glopeon cannot guarantee, predict or provide for the behaviour of the equipment of all the visitors of the Website.
4.CONFIDENTIALITY AND SECURITY
i.Your Personal Information is maintained by Glopeon in electronic form on its equipment, and on the equipment of its employees. Such information may also be converted to physical form from time to time. Glopeon takes all necessary precautions to protect your personal information both online and off-line, and implements reasonable security practices and measures including certain managerial, technical, operational and physical security control measures that are commensurate with respect to the information being collected and the nature of Glopeon’s business.
ii.No administrator at Glopeon will have knowledge of your password. It is important for you to protect against unauthorized access to your password, your computer and your mobile phone. Be sure to log off from the Website when finished. Glopeon does not undertake any liability for any un-authorised use of your account and password. If you suspect any unauthorized use of your account, you must immediately notify Glopeon by sending an email to customerfirst@Glopeon.com You shall be liable to indemnify Glopeon due to any loss suffered by it due to such unauthorized use of your account and password.
iii.Glopeon makes all User information accessible to its employees, agents or partners and third parties only on a need-to-know basis, and binds all such employees to strict confidentiality obligations.
iv.Part of the functionality of Glopeon is assisting the doctors to maintain and organise such information. Glopeon may, therefore, retain and submit all such records to the appropriate authorities, or to doctors who request access to such information.
v.Part of the functionality of the Glopeon is assisting the patients to access information relating to them. Glopeon may, therefore, retain and submit all such records to the relevant patients, or to their doctors.
vi.Notwithstanding the above, Glopeon is not responsible for the confidentiality, security or distribution of your personal information by our partners and third parties outside the scope of our agreement with such partners and third parties. Further, Glopeon shall not be responsible for any breach of security or for any actions of any third parties or events that are beyond the reasonable control of Glopeon including, acts of government, computer hacking, unauthorised access to computer data and storage device,
computer crashes, breach of security and encryption, poor quality of Internet service or telephone service of the User etc.
If a User uses the Services or accesses the Website after a notice of changes has been sent to such User or published on the Website, such User hereby provides his/her/its consent to the changed terms.
6.CHILDREN'S AND MINOR'S PRIVACY
Glopeon strongly encourages parents and guardians to supervise the online activities of their minor children and consider using parental control tools available from online services and software manufacturers to help provide a child-friendly online environment. These tools also can prevent minors from disclosing their name, address, and other personally identifiable information online without parental permission. Although the Glopeon Website and Services are not intended for use by minors, Glopeon respects the privacy of minors who may inadvertently use the internet or the mobile application.
7.CONSENT TO THIS POLICY
8.ADDRESS FOR PRIVACY QUESTIONS
Name: Ms. Soma ChakrobortyGlopeon Technologies Private Limited,
Indicative List of Information by Nature of Service
1) End-Users using the Website by registering for an account on the Website or ‘Glopeon’ mobile application:
You can create an account by giving us information regarding your [name, mobile number, email address], and such other information as requested on the End-User registration page http://www.Glopeon.com/login. This is to enable us to provide you with the facility to use the account to book your appointments and store other health related information.
2) End-Users using the Website without registering for an account on the Website or ‘Glopeon’ mobile application (i.e., ‘Guest’ End-User):
You can use the Website without registering for an account, but to book an appointment, you may be asked certain information (including your [mobile number], and such other
information as requested when you choose to use the Services without registration) to confirm the appointment.
3) Practitioner availing of the free listing service on the Website or ‘Glopeon’ mobile application by registering for an account:
As a Practitioner, you may be required to provide us with information regarding your [name, mobile number, email address], and such other information as requested on the Practitioner registration page http://www.Glopeon.com/login to create an account. Glopeon may send email and/or SMS confirmations or other communications to End-Users in connection with their bookings, appointments or other interactions with you, if such interactions have been facilitated by Glopeon.
4) Practitioner availing of the free listing service on the Website or ‘Glopeon’ mobile application without registering for an account:
As a Practitioner, you may avail of the listing service without registering for an account by providing information regarding your [name, mobile number, email address], and such other information as requested by any of Glopeon’s employees or agents who contact you in person or by telephone. In such event, Glopeon will maintain this information if and until you choose to register for an account, for which Glopeon may contact you from time to time. Glopeon will, after such information is collected from you, send you a confirmation email confirming the information provided and the fact that you will be listed on the Website. In the event you do not wish to be so listed on the Website, please inform Glopeon immediately.
5)Practitioners using the ‘Ray’ and/or ‘Tab’ products:
You will be required to create an account and may be required to provide Glopeon with information regarding your [name, mobile number, email address], and such other information as requested by Glopeon on the Ray and/or Tab Practitioner registration page, in order to complete your registration.
Upon registration, Glopeon will access non-personally identifiable information of your patients from your patient records. You agree to make your patients fully aware of such access.
Glopeon reserves the right to extend and withdraw ‘ABS’ (also known as Instant) functionality to you at its sole discretion, based on the number of End-User appointments being honoured by you. The extension or withdrawal of such facility shall intimated to you by Glopeon.
You have an option under these products to switch on ‘End-User Feedback’. This will mean that you are giving one or more patients’ contact details to Glopeon’s feedback system. End- Users may choose to send feedback anonymously too, in which case you agree that you have no objection to such anonymous feedback. The feedback system will then send an SMS and email to the patient(s) asking for feedback which may then be published on the Website. You agree to make your patients fully aware of the possibility of their receiving such feedback queries.
6)Practitioners using the ‘Glopeon Reach’ product:
You will be required to create an account and may be required to provide Glopeon with information regarding your [name, mobile number, email address], and such other information as requested by Glopeon on the ‘Glopeon Reach’ Practitioner registration page, in order to complete your registration.