cdhl.in

These Terms and Conditions govern your use of the Breathefree mobile application (“App”) owned by Cipla Digital Health Limited (“CDHL”, “we”, “us” or “our) and constitutes a legally binding agreement between the you and CDHL. Any reference to “you”, “your” or “User/Users” shall mean to include any person accessing, using, or availing any services available on the App. By accessing, installing, and registering on the App and using the features and services available on the App, it is deemed that the User has read, understood, and accepted, without limitation or qualification, the Terms and Conditions set out herein. If you do not agree to the Terms and Conditions, you may not access or use this App. In addition to the Terms and Conditions you also acknowledge and agree to be bound by our Privacy Policy available by clicking on Privacy Policy button.

User Account

For using the App, Users will be required register themselves on the App by providing their details as may be necessary at the time of registration. The information and details provided by the User at the time registration should be correct, accurate and up-to-date and Users shall be required to maintain the accuracy and update the changes, if any, to such information. By registering on the App, you agree that you above 18 years of age and are eligible in accordance with applicable laws to enter into a binding contract and to comply with the provisions of these Terms and Conditions. Users shall be responsible for maintaining the confidentiality and security of their account credentials and for all the activities that take place through such an account. In the event of any unauthorized use of your account, you shall immediately notify us of the same by writing to us on the ‘Contact Us’ information provided on the App. We may temporarily suspend or block your account if we identify any breach or suspected breach of the security of your account. By sharing your personal data such as your name, email id and phone number, you agree to receive service-related notifications and updates regarding your use of the App and your progress on the App. We may also contact you to inform you of any change in the features of the App as well as any other related services offered by us and if you do not want to receive such communications, you may opt out by sending us an email at breathefree@cdhl.in

User Submissions and conduct

By uploading, storing, posting, emailing, transmitting and or sharing any documents, materials, files, medical reports and data or otherwise provide any information on the App (“Data”), you agree that you do so at your own risk and responsibility. CDHL or any of its affiliates or partners shall not be responsible for the same in any manner and disclaim any liability in this regard. Any health-related information uploaded, submitted, or otherwise provided on the App by you must be correct and you warrant that you possess the necessary authority to share such Data on the App. You shall be responsible for your conduct on the App and hereby agree not to – a) Violate local, state, national, or international laws; b) Post, upload, email, transmit or otherwise share any content or Data that infringes on the intellectual property rights of others or on the privacy or publicity rights of others or harms minors in any way; c) Post, upload, email, transmit or otherwise share any content or Data that is unlawful, harmful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as we may determine in our sole discretion; d) Post, upload, email, transmit or otherwise share chain letters, pyramid schemes, unsolicited or unauthorized advertising or spam or post any advertisements or solicitations of business; e) Impersonate another person or business entity or stalk or otherwise harass another person; f) Post, upload, email, transmit or otherwise distribute viruses or other harmful computer code designed to interrupt, destroy or limit the use of any computer software or hardware. While we have no obligation to monitor your use of the App, we reserve the right in addition to suspending or terminating your account, to take down or edit any content or Data that is illegal, defamatory, libelous, obscene, offensive, abusive, or objectionable or infringes any third-party intellectual property rights or privacy rights or that otherwise fails to conform with these Terms and Conditions. CDHL will cooperate with any law enforcement authorities or court order requesting or directing CDHL to disclose the identity of anyone posting such information or Data. You agree to indemnify and hold CDHL, its affiliates, directors, employees, consultants, and partners harmless from any claim, demand, or damage, including reasonable attorney fees due to or arising out of your conduct on the App including your submissions and Data or otherwise for your breach of any of the Terms and Conditions. Certain areas on the App may allow you to post reviews, comments or suggestions on the App and by doing so you grant us an irrevocable license to copy, reproduce, adapt, publish, display, create derivative works of such content across all platforms and media now known or devised later.

Disclaimer

The App is designed to assist the Users in managing their respiratory related health conditions by providing services which include informative audio-visual content, blogs, articles as well as certain recommendations and lifestyle changes. In addition to this, the Users may also choose to use certain features on the App which include setting medication reminders, updating their heath vitals and uploading and storing their medical data and files. While our recommendations and suggestions consider several factors basis the inputs and information provided by the Users, the same should not be misconstrued as a medical advice, diagnosis or treatment of any kind. You should discontinue any of the exercises or any other recommendations provided on the App in cases where it causes pain or severe discomfort, and you should consult a qualified healthcare professional prior to returning to the exercise or recommendations in such cases. CDHL shall not be responsible for any output generated by virtue of the information or data that the Users choose to provide on the App or for any incorrect or inaccurate data provide by the Users. CDHL does not guarantee that any of the recommendations, suggestions or that the services on the App can be used to achieve a specific result, nor does it guarantee improvement of any medical condition. There may be certain features on the App which may provide links to other third-party services, web sites or resources. You agree that CDHL has no control over the links, resources and the services offered by these third parties and CDHL is not responsible or liable for any content available on such sites or for the services offered through these third-party websites and resources.

Medical Information

Information relating to any products or medical devices on the App is provided by CDHL for general information purposes only. All products are available only in India and may not be available in all countries or may be available under a different brand name, in different strengths, or for different indications.

Video Disclaimer

The information may be transmitted through electronic media including without limitation, videos, interviews of physicians and healthcare professionals which include the views of the individual expressing them and are not under the direct or indirect control of CDHL. Inclusion of any such information, through any electronic mode, does not imply endorsement by CHDL of the information provided therein.

Third party content and Links

The App may contain links to third-party platforms which are provided as a convenience to the Users. These links and the services provide therein are not under the control of CDHL, and inclusion of any link does not imply endorsement by CDHL of such links or any services provided therein. You may access these platforms at your own risk. Further CDHL has no control over any third-party platforms which uses or includes the reference to our App. You agree that your correspondence, dealings or participation found on or through the services on such third-party platforms with such third party service providers and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and these service providers. CDHL or any of its affiliates, directors, employees, officers, partners or consultants make no claim, and are not responsible for, any information found in such third-party platforms or for any services provided therein including for any data breach or any damages or consequences which take place through such third-party platforms or plugins.

Intellectual Property

CDHL grants the Users of the App a non-transferable, non-exclusive, non-sublicensable limited right and license to install and use the services available on the App solely for the purpose and in the manner as permitted under these Terms and Conditions You acknowledge that this App is strictly for your personal and non-commercial use and shall not be used for any other purposes whatsoever included but not limited to copying, reproducing, selling, leasing, distributing, licensing or making any derivative works of the App or any of the content contained on the App. You agree not to decompile, reverse engineer or disassemble the App or any part of it either in whole or any portion of any component. Users agree and understand that all the intellectual property including but not limited to trademarks, logos, service marks, business identifiers, copyright, source code, proprietary rights, trade secrets, including any updates, modifications and/or revisions to the App as well as the images, audio-visual content, process flow, designs and lay-out of the App are the sole property of CDHL or its respective owners or licensors. Nothing in this App should be construed as granting any license or right to use any intellectual property or information without the prior written permission of CDHL. You should assume that everything you read or see on this App is copyrighted according to applicable laws, unless otherwise noted and may not be used except as laid down in these Terms and Conditions.

Copyright Notice

This App and its content are subject to copyright protection. The contents of the App including the information and other material contained on the App should not be copied in any circumstances without the prior express consent of CDHL. Except as expressly authorized herein, the User should not display, download, distribute, reproduce, republish, or transmit any information, text, images, documents, material contained on the App, without the express prior written consent of CDHL. The use of any content from the App, without proper citation, is strictly prohibited and infringes on the intellectual property rights of CDHL or its respective owners and may subject the User to civil and criminal penalties, including possible monetary damages, for copyright infringement. User must first seek prior written permission from CDHL if the User intends to use any information or incorporate portions of the information or any material into a different App or platform. The User is not allowed to link or reference CDHL’s App if the User is engaged in the publication or promotion of illegal, obscene, or offensive content, or if the link in any way negatively impacts the reputation of CDHL.

Limitation of Liability

The App as well as any information included in or available through the App may include inaccuracies or typographical errors. While we intend to make every attempt to keep the information in this App current and up to date, CDHL including its affiliates, directors, consultants and partners make no claims, promises or guarantees about the accuracy, completeness or adequacy of any information contained in this App including the implied warranties of merchantability, fitness for a particular purpose, non- infringement or uninterrupted service. We do not warrant that the App or the network system linked to it is free from any operational errors, virus, worm or any other harmful components though we shall take reasonable measures to remedy or avoid any such events. We shall not be held liable for any loss of service resulting from communication or network failures, device failures or for any events beyond the reasonable control of CDHL. We shall not be liable for any injury, damage or other consequence, health related or otherwise arising out of any inaccuracy in the information provided by you on the App. You hereby acknowledge and agree that CDHL or any of its employees, agents, or affiliates shall not be liable for any losses or damages, whether direct or indirect, as a result of any unauthorized use or inability to use the App, reliance of any content contained on the App or your use of any third party Apps or links. This applies to all damages of any kind, including but not limited to any direct, indirect, special, incidental or consequential damages (including but not limited to loss of business or goodwill, revenue, or profits) whether based on breach of contract, breach of warranty, tort (including negligence) or otherwise.

Termination

We reserve the right to temporary suspend, withdraw or amend any of the services available on the App by notifying the same on the App and without prior notice to you. CHDL shall not be liable if the services are unavailable for any given period of time. We also reserve the right to suspend and/or terminate your access to the App and your account, with or without notice in the event you breach any of the provisions of the Terms and Conditions stipulated herein. Upon suspension or termination, we reserve the right to remove or delete your information including but not limited to login and account information and your right to the services on the App shall immediately cease without notice.

Severability

If any provision of the Terms and Conditions is held by a court of competent jurisdiction to be unlawful, invalid or void, the remaining provisions of the Terms and Conditions shall remain in full force and effect.

Territory

The App and its contents are designed to comply with the laws and regulations of India and intended for access and use by Indian residents only.

Modification

We reserve the right in our sole discretion to change, modify or otherwise amend the Terms and Conditions or any other document incorporated herein by reference, and you are advised to read the provisions of the Terms and Conditions for regular updates and your continued use of the App following any such amendment will signify your acceptance to such revised Terms and Conditions. You acknowledge that we may from time to time issue upgraded versions of the App, and may automatically electronically upgrade the version of the App that you are using on your mobile device and you consent to such automatic upgrading on your mobile device and agree that the terms and conditions of this Agreement will apply to all such upgrades.

Governing Law

This App is created and controlled by CDHL in Mumbai (India) and as such the laws of India shall apply, and courts in Mumbai only shall have jurisdiction in respect of the Terms and Conditions.

Support

The App and its contents are designed to comply with the laws and regulations of India and intended for access and use by Indian residents only.

Last updated on: 21st June 2022