These Terms of Use (“Terms”) are an electronic record in terms of the Information Technology Act, 2000 and rules thereunder. This electronic record is generated by a computer system and does not require any physical, electronic, or digital signatures. The Terms are published in accordance with the provisions of Rule 3(1)(a) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 that requires publishing of the rules and regulations, privacy policy and Terms for access or usage of our website.
Introduction
Moonjar Technologies Private Limited, a company incorporated under Indian laws, with its registered office at [•] (“our”, “us”, “we”, “Moonjar”) owns, operates, and maintains the Maatra website (https://www.maatra.health/). Through our website, we offer health record management and related services (“Services") to you.
These Terms govern how you may access, browse, register for, and use our website or our Services (together, “Platform”). In these Terms, we will use “you”, “your”, “yourself” or “Users” to refer to users of the Platform and our Services.
Please read the Terms and our Privacy Policy carefully. By browsing, accessing, registering on, or using the Platform, you accept these Terms and the Privacy Policy and agree to be bound by the same.
We retain an unconditional right to modify or amend these Terms and will notify you on your registered email. The “Last Updated” date above indicates when changes were made. Please review the Terms periodically; your continued use of the Platform after any such amendment shall be considered an acceptance of the amended Terms.
You agree that you will use our Platform only in accordance with all applicable acts of legislature, rules, regulations, bye-laws, ordinances, notifications, directives, orders of government authorities, tribunals and courts, and applicable international treaties and customs, in force in India (collectively referred to as “Applicable Law”).
Eligibility
You must be 18 years of age or older to use the Services. You must also be capable of accessing or using the Platform and Services without violating any Applicable Law, and have the capacity to read, accept, and be bound by these Terms.
Registration and Family Accounts
You may register on our Platform as a Family Owner or a Family Member (upon receiving an invitation from an existing Family Owner).
Family Owners:
3.1
You may create an account on our Platform and set up a profile as a “Family Owner” to use our Platform and Services to manage and process your own health information and that of a particular group of Family Members (such group shall be called a “Family”). To create such an account and set up your profile, you must provide certain information to us (such as, your name, year and month of birth and email address). You agree that the information provided by you is accurate and we shall not make any effort to validate such information.
3.2
As a Family Owner, you may also add profiles of other individuals as “Family Members”. You represent, warrant and undertake that you have the authority, consent and permission, in accordance with applicable laws, to provide details of Family Members. You agree that you will furnish appropriate authorisations and consents from Family Members if called upon to do so.
3.3
You undertake that you will not misrepresent your identity or those of your Family Members when registering on, or using, the Platform.
Family Members:
3.4
Family Owners may invite Family Members to collaborate within the Family . If you receive such an invitation, you may choose to create an account by accepting these Terms and our Privacy Policy, and become a Registered Family Member to access your profile and the Family on the Platform, and use our Services.
3.5
By accepting the invitation and creating your account, you confirm that you authorise the Family Owner to access, edit, and manage permissions related to your profile and associated health data on the Platform as part of the Family. If at any time you wish to exercise your rights in relation to your data or withdraw the Family Owner’s access, you may choose to exit the Family by exercising the options on the Platform.
4. Scope of Services
We offer the following Services to help users manage and understand their health information:
4.1
Personal Health Record Management
(a)
The Platform helps you manage your personal health records, including document organisation, reminders and AI-powered insights. You may upload, store, organise, access, and download any medical, diagnostic, or health-related documents issued to you or others by a registered healthcare provider, including prescriptions, test results, reports, or clinical notes (“Medical Records”) or any other information or materials, personal notes, responses to our webforms, or other health-related data (collectively, “User Content”) The Platform may also use optical character recognition (OCR) and automated categorisation to help manage your Medical Records. These services are collectively referred to as “PHRM Services”.
(b)
By uploading any User Content, you represent and warrant that: (i) you have the right, capacity, and authority to upload it; and (ii) you have obtained all required consents, in accordance with Applicable Laws, from any person whose information you upload.
(c )
You consent to Moonjar processing any User Content you upload in accordance with these Terms and our Privacy Policy.
(d)
Moonjar does not guarantee that the output generated upon the use of OCR technology is accurate, authentic, complete or free of error. Such output may not be suitable for all situations and should not be relied upon as the sole source of information.
4.2
AI-powered Medical Record Summaries
(a)
The Platform leverages artificial intelligence to parse User Content, including Medical Records, and provide summaries, insights and suggestions to Users (“AI Services”). The output of such AI Services (“AI Output”) may contain interpretations and remarks based on an analysis of User Content.
(b)
When availing the AI Services, you consent to your User Content being Processed in order to produce the AI Output, and, in an anonymised manner, for research and training purposes.
(c )
Nothing provided on the Platform, including the AI Output, should be construed as medical advice, diagnosis or treatment, or as a substitute for medical advice, diagnosis or treatment from a registered medical practitioner (“RMP"). Always run any information you get from the Platform by an RMP and seek the advice of the RMP concerning questions you may have regarding a medical condition, and before starting, stopping or modifying any treatments/medications. The AI Services and AI Output are not meant to be availed or used for or in medical emergencies or urgent situations. Do not disregard, or delay seeking, medical advice of an RMP based on anything that appears or does not appear in the AI Output.
(d)
Moonjar does not guarantee that the information provided in the AI Output is accurate, authentic, complete, up-to-date or free of error. The AI Output may not be suitable for all situations and should not be relied upon as the sole source of information.
4.3
Family Health Management
(a)
As a Family Owner, you may avail PHRM Services and AI Services on behalf of your Family Members by creating profiles for each such Family Member.
(b)
As a Family Owner, you may authorise specified Registered Family Members to avail all or specified Services relating to your User Content, that of the said Registered Family Member, or of other Family Members on your account (such authorisations are referred to as “Member Permissions”).
(c )
As a Family Owner, you may also choose to transfer your designation as a Family Owner to a Registered Family Member. All Registered Family Members linked to the Family will be notified of such transfer, and will have the option to reject such transfer for a time-period of 7 (seven) days. If any Registered Family Member rejects such transfer within such time-period, such Registered Family Member’s profile will be removed from the Family. Should no Registered Family Member reject the transfer within the provided time-period, control of the Family will be transferred to the nominated Family Member and you will be designated a Registered Family Member of the Family.
(d)
As a Registered Family Member, you give the Family Owner the authority to access our Services on your behalf, including the authority to access and edit your profile, and manage Member Permissions on your behalf.
Intellectual Property and Ownership
5.1
All text, audio, or any other content made available by Moonjar through the Platform (“Platform Content”) and all intellectual property rights contained therein are owned by Moonjar and/or its licensors or group companies, and are protected by Applicable Law. Intellectual property rights mean rights such as: copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). Our intellectual property includes all logos related to the Services. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Moonjar. You may not copy, imitate or use Moonjar’s intellectual property rights without our prior written consent.
5.2
No rights, title or interest in the Platform or any Platform Content will be deemed or construed to be transferred to you. You may own the device on which elements of the Platform are made available to you, but we will retain full and complete ownership and/ or control of the Platform, Platform Content and all the Intellectual Property Rights therein.
Limited License and Restrictions
6.1
Subject to your compliance with these Terms, our Privacy Policy, and any Additional Terms, we grant you a limited, conditional, revocable, non-exclusive, non-transferable, non-assignable, worldwide, royalty-free license to browse, access and use the Platform, solely for the purpose of availing the Services provided by Moonjar.
Acceptable Use
BY BROWSING, ACCESSING AND/OR USING THE PLATFORM, YOU AGREE NOT TO:
(a)
use the Platform , or any part thereof, for any illegal purpose, or in violation of any Applicable Law, including any local, state, national, or international law;
(b)
impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity, in the use of the Platform or availment of Services;
(c )
falsify or misrepresent any User Content presented on the Platform;
(d)
copy, modify or distribute any portion of the Platform;
(e)
violate, or encourage others to violate, the rights of any third parties;
(f)
import or collect any data or content that is unlawful, defamatory, libelous, or invasive of privacy;
(g)
use the Platform to engage in or promote any other harmful, offensive, inappropriate, fraudulent, deceptive, or illegal activities;
(h)
sell, sublicense, rent, lease, or otherwise transfer the access granted herein to the Platform or any Platform Content, other than to Active Family Members, following the process enumerated in these Terms;
(i)
use or apply, directly or indirectly, the Platform in any manner competitive with the business of the Platform;
(j)
use the Platform and our Services for any commercial purposes;
(k)
use the Platform to violate the security or integrity of, or otherwise abuse, any application, computing device, system or network (each a “System”) of any party, including but not limited to accessing or using any System without permission (including attempting to probe, scan, monitor, or test the vulnerability of a System), forging any headers or other parts of any message describing its origin or routing, interfering with the proper functioning of any System (including any deliberate attempt by any means to overload a System), implementing denial-of-service attacks (inundating a target with communications requests so it cannot respond effectively or at all to legitimate traffic), operating non-permissioned network services (including open proxies, mail relays or recursive domain name servers), or using any means to bypass System usage limitations;
(l)
attempt to gain access to any Systems or networks that connect to the Platform (except as required to access the Services and as provided hereunder), or attempt to access any non-public areas or information of the Platform, or share confidential or proprietary information that you may inadvertently access;
(m)
use the Platform to distribute or facilitate the sending of unsolicited messages, promotions or solicitations (e.g., “spam”), including advertising or other announcements of any kind, unrelated to the Platform and Services;
(n)
interfere with or disrupt the operation of the Platform, including by (i) disassembling, decompiling, reverse engineering or otherwise attempting to discover the source code of the Platform, or any part thereof, except to the extent that such activity is expressly permitted by Applicable Law, (ii) performing any fraudulent activity, including impersonating any person or entity, claiming false affiliations, or accessing the Platform and/or Service accounts of others without permission; or (iii) intentionally interfering with or damaging the operation of the Platform or any User’s enjoyment of it, including by uploading or otherwise disseminating viruses or other malicious code;
(o)
“crawl,” “scrape,” or “spider”, any page, data, or portion of or relating to the Platform (through use of manual or automated means); or
(p)
use or apply, directly or indirectly, the Platform in any manner competitive with the business of the Platform;
Membership, Fees and Payments
8.1
Membership fees: Certain Services on the Platform may require a paid subscription. The applicable fee (“Fees”) will be displayed at the time you choose to subscribe. Moonjar may introduce new subscription tiers, features, or modify existing fees. Continued use of the subscription after any such change constitutes your acceptance of the updated Fees.
8.2
Payment: Unless otherwise agreed, Fees are payable in advance in Indian Rupees, through any payment method available on the Platform. By subscribing, you authorise Moonjar to charge your chosen payment method for the Fees, including any renewals, in accordance with Applicable Law. You are responsible for providing and maintaining accurate billing information and notifying us of any changes.
8.3
Cancellation and refund: Subject to these Terms, we may cancel your subscription in case of any breach of these Terms, breach of any Applicable Law, in case of non-payment of Fees due and payable, and/or in cases where your continued access or use to the Platform will have material adverse effect on us or our business. Except as otherwise provided, all Fees are non-refundable. We may add features to the Platform on a going-forward basis at any time and may charge additional Fees, separately for such additional features if you elect to access or use such features.
Term, Termination and Modification of Platform
9.1
We reserve the right to suspend or terminate your access to the Platform, at our sole discretion, at any time and without prior notice, if:
(a)
you violate these Terms or any applicable law or regulation;
(b)
you misuse the Platform, including by uploading inappropriate or harmful content;
(c )
your use of the Platform poses a risk to the safety, security, or legal compliance of the service, its users, or the public; or
(d)
your account remains inactive for an extended period of time.
9.2
We may also suspend or discontinue the Platform (in whole or in part) for operational, legal, or regulatory reasons, with or without notice.
9.3
Upon termination, your right to use the Platform will immediately cease, and any User Content, including Medical Records or other data associated with your account, may be deleted or rendered inaccessible. We are not liable for any loss of access, data, or content resulting from such termination.
9.4
Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to disclaimers, limitations of liability, indemnity, and dispute resolution clauses.
9.5
Deactivation of Family Owner account: As a Family Owner, you may choose to deactivate your account at any time. If you choose to do so, we will prompt you to nominate an alternate Registered Family Member to whom control of the Family may be transferred as a Family Owner. All Registered Family Members linked to the Family will be notified of such transfer, and will have the option to reject such transfer for a time-period of 7 (seven) days. If any Registered Family Member rejects such transfer within such time-period, such Registered Family Member’s profile will be removed from the Family. Should no Registered Family Member reject the transfer within the provided time-period, control of the Family will be transferred to the nominated Registered Family Member and your account will be deactivated. If the Family has no other Registered Family Members to whom control of the Family Owner account can be transferred, and you choose to deactivate your account, such account, the Family and all associated profiles will be deactivated. Post deactivation, we will retain your account for a period of 7 (seven) days. If you do not log in within that period, we will permanently delete the account and any data connected with it.
9.6
Deletion of Family Owner account: As a Family Owner, you may choose to delete your account. If you choose to do so, we will prompt you to nominate an alternate Registered Family Member to whom control of the Family may be transferred as a Family Owner. All Registered Family Members linked to the Family will be notified of such transfer, and will have the option to reject such transfer for a time-period of 7 (seven) days. If any Registered Family Member rejects such transfer within such time-period, such Registered Family Member’s profile will be removed from the Family. Should no Registered Family Member reject such transfer within the provided time-period, control of the Family will be transferred to the nominated Registered Family Member and your account and all data associated with it will be deleted. If the Family has no other Registered Family Members to whom control of the Family Owner account can be transferred, and you choose to delete your account, your account and all associated profiles will be deleted.
9.6
Deletion of Family Owner account: As a Family Owner, you may choose to delete your account. If you choose to do so, we will prompt you to nominate an alternate Registered Family Member to whom control of the Family may be transferred as a Family Owner. All Registered Family Members linked to the Family will be notified of such transfer, and will have the option to reject such transfer for a time-period of 7 (seven) days. If any Registered Family Member rejects such transfer within such time-period, such Registered Family Member’s profile will be removed from the Family. Should no Registered Family Member reject such transfer within the provided time-period, control of the Family will be transferred to the nominated Registered Family Member and your account and all data associated with it will be deleted. If the Family has no other Registered Family Members to whom control of the Family Owner account can be transferred, and you choose to delete your account, your account and all associated profiles will be deleted.
9.7
Deletion of Registered Family Member profile: If you are a Registered Family Member, you may delete your profile from the Family at any time. Upon any deletion of your Family Member profile, all data associated with your profile will be rendered inaccessible to the Family Owner and other Registered Family Members.
9.8
We may retain limited information as necessary to comply with our legal, regulatory, or contractual obligations, in accordance with our Privacy Policy.
9.9
Modification of the Platform: We reserve the right to make non-material modifications to the Platform, at any time and without any notice, provided that such changes do not materially reduce the functionality of any Services. We will have no liability whatsoever on account of any such non-material change to the Platform.
. Data Privacy and Additional Terms
10.1
Data Privacy: Please read our Privacy Policy carefully for information relating to our collection, use and disclosure of personal data. The Privacy Policy is hereby incorporated by reference into, and made a part of, these Terms.
10.2
Additional Terms: Your access and use of the Platform is subject to any additional terms, rules, or guidelines applicable to the Platform, or certain features of the Services that we may post and you may accept (the “Additional Terms”), such as end-user license agreements for any downloadable applications, subject to these Terms. All such Additional Terms shall be conveyed to you, and are hereby incorporated by reference into and made part of these Terms.
Indemnity, Limitation of Liability and Disclaimer of Warranties
11.1
Indemnity: You agree that you are solely responsible for the use of the Platform and you agree to defend, indemnify and hold harmless Moonjar, and its officers, directors, employees, consultants, affiliates, subsidiaries and agents, from any claim or demand, including reasonable attorneys’ fees, raised or made by any third-party, due to or arising out of: (a) your breach of these Terms, or the terms of any definitive agreements executed by the Parties, or (b) your violation of any Applicable Law, including failure to obtain appropriate consents; or (c) the rights of a third-party.
11.2
Limitation of Liability: To the fullest extent permitted by Applicable Law, our liability for any claims or demands, arising out of or relating to the access or use of the Platform, shall be limited to the Fees paid by you for the subscription to the Platform, in the 12 (twelve) months preceding the event giving rise to any claim or demand.
11.3
Disclaimer of Warranties: You agree that by browsing, accessing, using and subscribing to the Platform, you are doing so at your own risk. The Platform is provided on an “as is” and “as available” basis without any warranties of any kind, express or implied. We do not guarantee that the Platform will be uninterrupted or error-free or that defects will be corrected immediately. We will make all reasonable efforts to rectify any errors or defects in the Platform and the Platform Content, at the earliest possible. We will not be responsible for any errors or defects in the Platform and Platform Content arising out of or due to inaccuracies or errors in User Content provided. You waive all special, indirect and consequential damages against us. These Terms will not limit any non-waivable warranties or mandatory consumer protection rights that apply to you.
Grievance Redressal Mechanism
If you have any complaints, concerns, or grievances with respect to the Platform, and/or any Platform Content, you may reach out to our Grievance Officer. Upon receipt of your complaint, our Grievance Officer will acknowledge it within [•] and endeavour to resolve your issue within [•], in compliance with Applicable Law.
Grievance Officer
Name: Shilpa Bhardwaj Endow
Email: shilpa@moonjar.tech
To help us process your complaint efficiently, please include the following details:
(a)
the category of your grievance or complaint;
(b)
detailed description of your grievance or complaint; and
(c )
your full name and contact details (email ID, customer number or other identification details).
Violation of these Terms
You agree that any violation by you of these Terms will constitute unlawful and inappropriate behavior, and will cause irreparable harm to us, for which monetary damages would be inadequate, and you consent to Moonjar obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that we may have at law or in equity.
Governing Law and Jurisdiction
14.1
These Terms and your access or use of the Platform are governed by the laws of India, without reference to conflict of law principles.
14.2
In case of any disputes arising out of, or relating to these Terms, or the Platform (collectively called “Disputes”), the Parties will aim to resolve the dispute in good faith within 30 (thirty) days from receipt of notice of Dispute, by either you or Moonjar.
14.3
In case of non-resolution, the Dispute will be finally resolved and settled by referring the matter to arbitration in accordance with the Arbitration and Conciliation Act, 1996 (including any statutory modification(s) or re-enactment thereof), and shall be referred to a sole arbitrator nominated and appointed by with the mutual consent of the Parties.
14.4
The venue for the arbitration will be Delhi, India, and the language for the arbitral proceedings will be English.
14.5
Notwithstanding anything stated herein, you agree that the courts of Delhi, India, will have jurisdiction in regard to any interim relief sought, during the course of the arbitration proceedings.
General Provisions
15.1
Entire Agreement: These Terms, the Privacy Policy and any Additional Terms, constitute the entire and exclusive understanding between the Parties regarding the access and use of the Platform.
15.2
Assignment: You may not assign or transfer any of your rights or obligations hereunder, whether by operation of law or otherwise, without our prior consent. We may assign our rights and obligations hereunder, in their entirety, without your consent, including to our affiliate, or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets.
15.3
Force Majure: We will not be liable by reasons of any failure or delay in the performance of any of our obligations hereunder on account of events beyond our reasonable control, which may include without limitation, denial-of-service attacks, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action or lockdowns, pandemics, epidemics, earthquakes (each a “Force Majure Event”). Upon the occurrence of a Force Majeure Event, we reserve our right to halt, deny or revoke, access and/or use of the Platform and will be excused from non-performance of our obligations hereunder, for so long as the Force Majure Event continues. We further reserve our right to indefinitely cancel, or stop the operation of the Platform, at our sole discretion, in case of the occurrence of any Force Majure Event.
15.4
Severability: If, for any reason, a court of competent jurisdiction finds any provision of these Terms, or any portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible, so as to give effect to the intent of the Parties as reflected by that provision, and the remainder of the Terms shall continue in full force and effect.
15.5
Waiver: Any failure by us to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver by us of that provision or right.
15.6
Survival: All provisions of these Terms which by their very nature are intended to survive the expiry or early termination of these Terms shall survive the expiry or early termination of these Terms, including without limitation, the provisions of Section 3 (Accounts, Registration and Family Accounts), Section 5 (Intellectual Property and Ownership), Section 6 (Limited License and Restrictions), Section 7 (Acceptable Use), Section 8 (Membership, Fees and Payments), Section 9 (Term, Termination and Modification of the Platform), Section 11 (Indemnity, Limitation of Liability and Disclaimer of Warranties), Section 14 (Governing Law and Jurisdiction), and Section 15 (General Provisions).
15.7
Notices: All notices, writings and other communications under these Terms will be communicated to you by registered email, or through notices on the Platform. Any notice, writings and other communications to us under these Terms will be communicated to our legal team at the contact information below:
Address: Moonjar Technologies Private Limited, B24, 2nd floor, Mayfair Garden, New Delhi – 110016.
