TERMS OF USE

 

  1. Janitri Innovations Private Limited, No 1 No 22, Koramangala Industrial Layout, Hosur Road, Bangalore, Bengaluru (Bangalore) Rural, Karnataka, India – 560094 , (“Janitri”, “we”, “us” or “our”)  owns and operates an online platform to connect the nurses at the maternity wards to the corresponding gynecologist during labor period through a mobile application known as “DAKSH”. 

 

  1. DAKSH support the goal of connecting the nurses at the maternity ward to the corresponding gynecologist during labor period for monitoring labor patients by providing the following services (hereinafter referred to as the “Services”):

 

  1. For nurses at the maternity ward: The DAKSH application enables the nurse to create a profile for each patient at the time of admission and input medical data of each patient as and when required till the patient is discharged. The DAKSH Nurse Application also allows the nurses to input post delivery medical data of such patient, provides alarm alerts for monitoring patient’s vitals and complication alerts based on the vitals entered by the nurse for each patient.

 

  1. For the gynecologist: The DAKSH Application enables the gynecologist to view patient details as and when entered by the nurses on the DAKSH Nurse Application and prompt the nurse with specific instructions as deemed necessary in their sole medical expertise.
  1. These Terms of Use together with the applicable policies which are incorporated herein by way of reference (“these Terms”) govern the access or use of the DAKSH available for download on your communication device together with all the content, tools, facilities and services made available through the Apps. Therefore, please read these Terms very carefully. 
  2. By using the application you are indicating acceptance of these Terms, you are indicating that you have read and understood these Terms and agree that these Terms constitute a legal and binding agreement between you and Janitri Innovations Private Limited. If you do not understand the Terms or if these Terms or any part of these Terms is not acceptable to you, please do not access or use the Apps or the Services. In these Terms, “you” / “yours” / “yourself” denotes the natural person who accesses/uses the Services or any part thereof. 
  3. We reserve the right to update or modify these Terms at any time in our sole discretion without any prior notice to you. If we update or modify these Terms, we will post the revised version of these Terms on the Apps and such revision shall become effective immediately on such posting. It is your responsibility to review these Terms periodically for updates / modifications. Your continued access or use of any of  the Apps and/or the Services after any revision becomes effective shall be deemed to constitute your acceptance and agreement to be bound by the revised Terms. 

 

  • ELIGIBILITY
    1. The access/use of the DAKSH Nurse Application and the corresponding Services is meant only for persons who are:

 

  1. Competent to contract as per Indian law. If you are not ‘competent to contract’ as per Indian law (i.e. if you have not attained the age of majority according to the law to which you are subject, if you are not of sound mind or if you are disqualified from contracting by any law to which you are subject), you should not register or access/use the DAKSH Nurse Application and the Services; and

 

  1. Duly qualified and enrolled as a nurse/midwife/auxiliary nurse midwife in applicable State Register as per the Nursing Council Act, 1947.

 

  1. Competent to contract as per Indian law. If you are not ‘competent to contract’ as per Indian law (i.e. if you have not attained the age of majority according to the law to which you are subject, if you are not of sound mind or if you are disqualified from contracting by any law to which you are subject), you should not register or access/use the DAKSH Doctor Application and the Services; and

 

  1. Duly qualified gynecologist holding a valid and subsisting license issued by the Medical Council of India to practice medicine in India.

 

  • REGISTRATION
  •  Download through PlayStore & Use the Invite code
      1.  To avail of the Service, you must download the Apps from ‘Google Play’ (which is a third party application, the use and access of which will be subject to Google’s Terms of Service) and install the App onto your communication device. To install and/or use the App, you will need a communication device that meets certain technical requirements, which may change from time to time, a working internet connection and compatible software, for all of which you are solely responsible.
      2. Once you successfully install the App on your communication device, you have to provide certain information about yourself as requested in the Sign Up Form  along with the invite code which will be shared with you by us and register with us. You will be required to authenticate your identity using a one-time password (“OTP”) as a confirmation code, which will be transmitted to your mobile number provided to us when you seek to register with us through the short message service (“SMS”). On successful authentication, you will be provided login details for the DAKSH Nurse Application and the corresponding login details for the DAKSH Doctor Application. 
      3.  Your registration with us and your right to access the Mobile Application and/or Services is personal to you and you may not transfer this to anyone else. You may not use anyone else’s account at any time. You must keep your user details (i.e. username and password) secure and not share them with anyone else. You will be solely responsible for any and all activities that occur in your communication device and we will not be liable for any loss or damage that may occur as a result of someone else using the Services through your communication device, either with or without your knowledge. If you become aware of any unauthorized use of your user details, please notify us by writing to info@janitri.in with the title “Unauthorized Use of User Details” and we will initiate action to stop further access under the said user details.
      4. When you register with us and/or access the Mobile Application and the Services, you confirm that you have provided accurate, current and complete information about yourself and that you will keep all such information current, complete and accurate at all times for as long as you use the Services. All the data and information that you provide or that is collected from your access/use of the Services shall be treated and protected in accordance with our Privacy Policy, which is deemed a part of these Terms. 

 

  • Getting Daksh from Janitri with login details
    1. Once you show interest in Daksh, we request some information that is required for registration. This information is provide to us using an email by you. Based on the information we onboard you in the application. 
    2. Your registration with us and your right to access the Mobile Application and/or Services is personal to you and you may not transfer this to anyone else. You may not use anyone else’s account at any time. You must keep your user details (i.e. username and password) secure and not share them with anyone else. You will be solely responsible for any and all activities that occur in your communication device and we will not be liable for any loss or damage that may occur as a result of someone else using the Services through your communication device, either with or without your knowledge. If you become aware of any unauthorized use of your user details, please notify us by writing to info@janitri.in with the title “Unauthorized Use of User Details” and we will initiate action to stop further access under the said user details.
    3. When you register with us and/or access the Mobile Application and the Services, you confirm that you have provided accurate, current and complete information about yourself and that you will keep all such information current, complete and accurate at all times for as long as you use the Services. All the data and information that you provide or that is collected from your access/use of the Services shall be treated and protected in accordance with our Privacy Policy, which is deemed a part of these Terms.

 

  • GRANT OF LICENSE & RESERVATION OF RIGHTS
    1. On successful installation of the App and registration, we grant you a non-exclusive, personal, non-transferable, revocable, right and licence, subject always to these Terms to access/use the Apps and Services solely for your personal, non-commercial use.

 

  1. Except for the limited rights and license granted to you by these Terms, all rights in the Apps and Services (including all intellectual property rights therein or underlying the same) are reserved by us.

 

  • NATURE OF SERVICES AND LIMITATIONS
    1. We do not practice medicine and do not provide medical advice, consultation and/or treatment. We merely provide a technology platform to assist in connecting the nurse operating out of the maternity ward with the corresponding gynecologist of patients through DAKSH and to use the alarm alert and complication alert facilities of the App to have an integrated data entry system to monitor labor patients. 

 

  1. DAKSH does not make final clinical or other decisions and are not a substitute for competent, properly trained and knowledgeable staff who bring professional judgment and analysis to the information presented by DAKSH. 

 

  1. You, and specifically not DAKSH or Janitri, are solely responsible for verifying the accuracy of all patient information and determining the data necessary for you to make medical and diagnostic decisions, as well as for complying with all laws, regulations and licensing requirements applicable to your delivery of healthcare services.

 

  1. The Apps allow you to input only certain standard parameters of the patient. These standard parameters are developed by us based on inputs from medical literature available in India, and we do not guarantee the accuracy or sufficiency of the same. Similarly, the frequency of the alarm alert feature of DAKSH and complication alert feature is based on inputs from medical literature available in India and we do not guarantee the accuracy and sufficiency of the same. 

 

  1. The alerts and partographs generated by DAKSH are not substitutes for professional medical attention or treatment of the medical condition. It is important to note that you as a nurse or a doctor do not make conclusive medical decisions based on the information provided by the App, and shall exercise your own discretion in making the medical decisions for your patients based on your medical expertise.

 

  • DAKSH USAGE RULES
    1. While using DAKSH, its information and Services, you agree and acknowledge that:

 

  1. DAKSH and its Services can be used only by licensed healthcare providers and healthcare establishments (with licensed healthcare providers) with the necessary licences and approvals to provide healthcare services to patients. It is the sole responsibility of the healthcare providers to ensure that they are in possession of the necessary licences required for all the services that they provide & that the necessary healthcare personnel and resources required to support such services are available. 

 

  1. You shall maintain strict confidentiality of your patient data and not publish or distribute in any form, any information contained therein, and/or summaries or subsets thereof to any person or entity.

 

  1. By using DAKSH, you unconditionally agree to receive certain essential automated SMS, mobile and email notifications relevant to system events from us to the mobile number and email address you provided during registration, irrespective of whether you have subscribed to any Do-Not-Disturb (DND) services.

 

  1. We are constantly updating DAKSH in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services provided through the DAKSH may change from time to time, features may be added, improved or changed without prior notice as per the demands of changing technology, domain and the best interests of the users.

 

  1. You shall not use DAKSH and its services for any purposes other than those intended by us and as determined by us at our sole discretion.

 

  1. You may not use any robot, spider, scraper or other automated means to access DAKSH or Services for any purpose without our written permission. Violation of this policy may result in termination of your access DAKSH, deactivation or deletion of your registration and all related information and files you have stored on the Apps. 

 

  1. We reserve the right to modify and/or discontinue the Services at any time, for any reason and without notice and to terminate your password and account for any reason, including violation of these Terms. On such termination, you shall have no more claims on your patients’ data stored on DAKSH. We will not be responsible for providing this data in any form to your or to any third party service or provider after such termination. 

 

  1. You shall not misuse any services or information on DAKSH, in which event, we may take legal, technical and financial remedies to prevent the violation of this provision and to enforce these Terms of Use.

 

  1. You shall not attempt to circumvent any security measure put in place for DAKSH’s users or attempt to gain unauthorized access to any services, user accounts, or computer systems or networks owned and/or controlled by us, through hacking, password mining or any other means. 

 

  1. You shall not upload or submit any data or information containing viruses or any computer code, corrupt files or programs engineered or intended to disrupt or destroy the functionality of any software, hardware, telecommunications, networks, servers or other equipment. 

 

  1. You shall not attempt to access or obtain information regarding any account other than your own, by any means whatsoever. You may not use DAKSH and Services in any manner that could damage, disable, overload, or impair our servers or networks.

 

  1. You shall take utmost care to ensure confidentiality of your username and password and are liable for any misuse of your account. 

 

  1. The users acknowledge and agree that we may, as part of continuing innovation, stop (permanently or temporarily) providing DAKSH and/or Services (or any features within) at our own sole discretion, without prior notice. Incase we become involved in a merger, acquisition, or any form of sale of some or all of its assets, we reserves the right to re-brand or relocate the Services. If you are a competitor service, you shall not use this service as a user to study and copy features and services provided through DAKSH.

 

  • YOUR DATA AND INFORMATION
  • When you register with us and/or access DAKSH and the Services, you will be required to provide certain personal data and information about yourself to us. When you access or use the Services, we also collect certain information and data about you and your access/use. Our Privacy Policy which is available here explains what personal information and data we collect and how we treat your personal data and information and protect your privacy. The terms of our Privacy Policy are deemed incorporated in these Terms and forms a part of these Terms. Therefore, please read our Privacy Policy carefully. When you access or use the Services, you consent to the collection and use of your personal data and information in accordance with our Privacy Policy.  


  • PATIENT INFORMATION AND DATA
  • While using the DAKSH and the Services, we collect certain information and data about your patients. All personal information and data (including any sensitive data or information) (as defined in the rules framed under the Information Technology Act, 2000) of your patients that you enter in our DAKSH (“Patient Information”) shall remain the property of the relevant patient. You acknowledge and agree that you will obtain necessary consents and authorisations from your patients as is necessary for you to input the same on DAKSH as per these Terms. 


  • INTELLECTUAL PROPERTY RIGHTS
  • We/our licensors own all copyright, trademarks, domain names and other intellectual property rights in or related to DAKSH. Except for your personal data and information and Patient Information, all information, content and material contained on the DAKSH are our intellectual property. No information, content or material from DAKSH may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without our express written permission.


  • THIRD PARTY LINKS AND ADVERTISEMENTS
    1. DAKSH may contain links to third party websites/applications and third party advertisements, that are not maintained or controlled by us. Third party links and advertisements are provided for your convenience only and does not imply endorsement or any representation or warranty by us to content, goods or services that may be offered by these third parties. 

 

  1. When you click on any of these third party links, you are leaving our DAKSH and our Services and will be subject to the terms of use, privacy and security policies of the third party site. Your visits to any such third party website /applications are entirely at your own risk.

 

  • WARRANTY AND DISCLAIMER

 

  1. You acknowledge and agree that your use of DAKSH and the Services is solely at your own risk, and that you assume full responsibility for all risks associated therewith. All information, products or services contained on or provided through the Services are provided “as is”, without any warranty of any kind, express or implied. We do not make any warranty or representation as to the quality, quantity, potency, purity, standard, nature or manner of performance of any of the information, products or services contained on or provided through the Services. We hereby disclaim, to the maximum extent permitted by applicable law, all representations and warranties, express or implied, statutory or otherwise, including but not limited to warranties of merchantability, fitness for any particular purpose, title, non-infringement, reliability, accuracy, completeness, timeliness or that the availability of the Services will be uninterrupted, timely, secure, or error free.

 

  • LIMITATION & EXCLUSION OF LIABILITY

 

  1. To the fullest extent permitted by law, in no event will we be liable for any direct, indirect, special, incidental, punitive, exemplary or consequential damages, whether or not we have been warned of the possibility of such damages. 

 

  • TERMINATION

 

  1. We reserve the right to suspend and/or terminate your access to DAKSH and the Services with or without notice, if you breach these Terms. Upon suspension or termination, your right to procure the Services shall immediately cease and we reserve the right to remove or delete your information that is available with us, including but not limited to account details.

 

  • NOTICES

 

  1. All notices to us shall be in writing and shall be made via e-mail to info@janitri.in or such other email address as notified in these Terms and all notices to you shall be made through the App, via e-mail to the e-mail address you provide at the time of your registration or to your communication device registered with us.

 

  • GOVERNING LAW AND JURISDICTION: 

 

  1. The interpretation of these Terms and the resolution of any dispute relating to your access or use of the Services shall be governed by the laws of India. If any action or other proceeding is brought on or in connection with these Terms or your access or use of the Services, the venue of such action shall be exclusively at Bangalore, Karnataka, India to the exclusion of any other court that may otherwise have had such jurisdiction in the matter. 

 

  • MISCELLANEOUS: 
    1. If any term or provision of these Terms shall be declared invalid by a court of competent jurisdiction, then such provision will be interpreted, construed, or reformed to the extent reasonably required to render it valid, enforceable, and consistent with the original intent underlying such provision and the remainder of these Terms shall remain in full force and effect, according to its terms. 

 

  1. The failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. 

 

  1. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such clause. 

 

  1. Should there be any conflict between these Terms and any other notice/communication, the terms and conditions set forth in these Terms shall prevail, to the extent of such conflict. 

 

  1. These Terms (including the Privacy Policy and other notices on the the Apps, which are incorporated and deemed part of these Terms), constitute the entire agreement between us and supersedes all prior agreements regarding the subject matter hereof. 

 

  1. When you use the Apps and provide any information on or through the Apps; or when you click any of the buttons available on the Apps; or when you send an email to us, you are communicating with us through electronic records. You hereby consent that such electronic records, whether sent by you or automatically generated by the computer system when you click on any of the buttons available on the Apps, shall be deemed to be communications sent in writing by you. 

 

  • GRIEVANCE REDRESSAL: 
  • If you have any concern or grievance with respect to the Website, DAKSH or any of the Services, please email us at info@janitri.in and we will study the matter and take such action as we deem appropriate under the circumstances. 

 

By using Daksh I accept that I have read and understood these Terms of Use (including the Privacy Policy) and agree to all of the provisions contained therein.