TERMS OF USE

 

These terms of use (the “Terms”) mandate the terms on which the users (“You” or “Your” or “Yourself” or “User”) access and register on website available at www.mangocancercare.com and the mobile application ‘Mango Cancer Care’ (collectively referred to as the “Platform”), owned by Mango Sciences Inc (“Mango Sciences”), and operated, and managed by Mango Cancer Care Foundation, and having its registered office at #4272, Sapthadri, Vivekananda Park Road, Near Seetha Circle, Girinagar, Bangalore – 560098, Karnataka, India (the “Mango Cancer Care”).

The Terms is an electronic record in terms of the Information Technology Act, 2000 and rules made thereunder as applicable and is generated by a computer system and does not require any physical, electronic, or digital signatures by Mango Cancer Care.

By clicking on the “I accept” button provided below, You expressly accept these Terms and the Privacy Policy and agree to be legally bound by them. Further, by furnishing Your personal information to Mango Cancer Care or giving Your consent to Mango Cancer Care to access Your personal information for the purpose of rendering the Services (as defined below), You also agree that You are interested in availing the Services through the Platform in accordance with these Terms.

Mango Cancer Care retains an unconditional right to modify or amend these Terms by providing a notice to You of such change. You can determine when these Terms were last modified by referring to the “Last Updated” legend above. Your acceptance of the amended Terms shall signify Your consent to such changes and agreement to be legally bound by the same. 

1. Services
   (a) You acknowledge that the Platform allows You to avail the following services including:

• Limited, non-exclusive, non-transferable, and royalty free license to use the Platform for accessing any material, information or availing any services through the Platform including access to loans and financial assistance to patients and their caregivers from partnered third – party institutions (“Partnered Institutions”) for treatment;
• Access to services provided by Mango Cancer Care or its group entities, including but not limited to, subvention to patients and access to drugs by pharmaceutical companies, and other ancillary support and counselling services including nutritional, wellness, fitness and mental well – being support through the Platform; and
• Promptly and efficiently responding to Your queries or issues relating to Your Account and the services availed through the Platform.

The aforementioned services shall be collectively referred to as the “Services”. Mango Cancer Care may, at its discretion, add, modify, or remove any of the Services listed above from time to time without special notice.

2. Eligibility to Use

• The Services are not available to minors i.e., persons under the age of 18 (eighteen) years, or to any Users who are not competent to enter into a contract under the Indian Contract Act, 1872. You hereby represent that You are: (i) of legal age to form a binding contract, if You are a minor, You have obtained the consent of Your legal guardian and are entering into these Terms under their supervision; and (ii) not a person barred from receiving the Services from the Platform under the applicable laws.

3. User Account, Access, Password, and Security

• In order to access the Services on the Platform, You will have to register and create an account on the Platform by providing details, depending on whether You are a patient (“Patient”) or patient’s relative or family member (“Patient’s Caregiver”) or the doctor, as may be required by Mango Cancer Care and provided for in the Privacy Policy (“Account”). You can access the Platform by logging into Your Account with Your credentials.

• If You are the Patient, You may select the suitable option under Your Account, based on your preference through which You would like to pay for Your treatment including ‘Self Pay’, ‘Loan against fixed deposit’, ‘Loan against Caregiver fixed deposit’ and ‘Financial Assistance’ or any other mode of payment as may be introduced by Mango Cancer Care from time to time.
• The Patient can only add up to a maximum of 5 (five) applicants under their Account, i.e., the Patient’s Caregiver for registering on the Platform, subject to the mode selected by the patient on the Platform. The Patient hereby represents and warrants that the Patient has obtained the express consent of the Patient’s Caregiver(s) whose name and details have been provided by the Patient as an applicant on the Platform.
• In case You are the Patient’s Caregiver creating an Account on the Platform, Your Account will be created under the relevant Patient’s Account. The patient may at any time add or remove any applicant from his/her Account. For avoidance of any doubt, it is hereby clarified that Mango Cancer Care nor any of its group entities is in any manner responsible or liable for any such acts or omission on part of the Patient
• The Platform may from time to time send notifications to the Patient in respect of actions undertaken by the Patient’s Caregiver(s) through his/her Account on the Platform.

• You shall not have more than one active Account on the Platform irrespective of whether You are a Patient or a Patient Caregiver. Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another party.

• You shall ensure and confirm that the Account information and all Personal Information provided through the Platform is complete, accurate and up-to-date. If there is any change in the Account information, or if any information is found to be incomplete or incorrect, You shall promptly update Your Account information on the Platform or request Mango Cancer Care for information revision or update. If You provide any information that is untrue, inaccurate, unauthorised, not current, or incomplete (or becomes untrue, inaccurate, not current, or incomplete), or if Mango Cancer Care has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Mango Cancer Care has the right to refuse any and all the Services.

• You are responsible for maintaining the confidentiality of the Account information, safeguarding the password or credentials that You use to access the Service and for any activities or actions under Your Account. You are encouraged to use “strong” passwords (passwords that use a combination of upper and lower-case letters, numbers, and symbols) with Your Account.

• You agree to: (a) immediately notify Mango Cancer Care of any unauthorized use of Your Account information or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. Mango Cancer Care cannot and will not be liable for any loss or damage arising from the Patient’s failure or the Patient’s Caregiver failure to comply with the above requirements. Further, Mango Cancer Care will not be liable for any loss that You may incur as a consequence of unauthorized use of Your Account either with or without your knowledge.

• You may be held liable for losses incurred by Mango Cancer Care or any other user of or visitor of the Platform due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account information secure and confidential.

4. Use of Services

• The Patient and the Patient’s Caregiver expressly acknowledge and undertake to provide accurate and updated requested financial data and documents through the Platform. Any failure to do so, may lead to rejection or denial of loan or financial assistance by the Partnered Institutions, as determined by them solely. Mango Cancer Care and its group entities will not be liable or responsible to the Patient or the Patient’s Caregiver(s) for any rejection of loan request or partial acceptance of loan request by the Partnered Institutions.

• In the event, the Patient has opted for ‘Loan against fixed deposit’ the loan disbursal by the Partnered Institutions shall be made to the Patient’s designated bank account, and if the Patient has selected or ‘Loan against Caregivers fixed deposit’, or ‘Financial Assistance’ on the Platform, the loan disbursal by the Partnered Institutions shall be made to the Patient Caregiver’s designated bank account.

• The price for the drugs displayed on the Platform pursuant to services availed by the Patient shall be accurate as on the date of such subscription to such services. However, please note that the price of the drugs may be modified by the pharmaceutical companies or the pharmacies, during the term of the patient benefit program at their sole discretion.

• The Patient hereby undertakes to upload the invoice for the purchase of the relevant drugs for treatment under the program from the pharmacy as required by the partnered hospital, on the Platform. Once this is verified through the Platform, Mango Cancer Care or any group entities may intimate the relevant Partnered Institutions for disbursing the financial assistance to the Patient or Patient’s Caregiver(s), as may be applicable, depending on the mode of payment selected to fund the treatment.

• The subvention amount to be provided to each patient will be determined solely by Mango Cancer Care and will be disbursed to the patient from time to time. The patient hereby undertakes to utilise the subvention solely to procure drugs for the prescribed treatment.

• In the event, the patient wishes to discontinue the treatment under the program even though the treatment is considered satisfactory by the treating doctor at the partnered hospital, the patient may initiate such action through the Platform. Based on such request, Mango Cancer Care or any of its group entities may intimate the Partnered Institutions to cease any further financial assistance in respect of such patient and Mango Cancer Care may decline to provide any reimbursement of the treatment cost to the patient.

• In the event, the treatment is not satisfactory, as determined solely by the treating doctor at the partnered hospital, Mango Cancer Care shall provide the patient reimbursement of the treatment cost, as agreed under a separate contract executed between Mango Cancer Care and the relevant patient.

5. Use of Platform

• Subject to compliance with the Terms, Mango Cancer Care hereby grants You a non-exclusive, limited privilege to access and use this Platform. You agree to use the Platform only: (a) for purposes that are permitted by the Terms; (b) in accordance with any applicable law, regulation or generally accepted practices or guidelines; and (c) for availing the Services through the Platform. You agree not to engage in activities that may adversely affect the use of the Platform by Mango Cancer Care and/or other Users.

• You agree not to access (or attempt to access) the Platform by any means other than through the interface that is provided by Mango Cancer Care. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform.

• Further, You undertake not to host, display, upload, modify, publish, transmit, store, update or share any information that:(i) belongs to another person and to which the User does not have any right;
  (ii) is defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, including bodily privacy, insulting, or harassing on the basis of gender, libellous, racially, or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
  (iii) is harmful to child;
  (iv) infringes any patent, trademark, copyright, or other proprietary rights;
  (v) violates any law for the time being in force;
  (vi) deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
  (vii) impersonates another person;
  (viii) 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 other nation;
  (ix) contains software virus or any other computer code, file or program designed to interrupt, destroy, or limit the functionality of any computer resource;
  (x) is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity, or agency for financial gain or to cause any injury to any person;
  (xi) disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems resources, accounts, passwords, servers, or networks connected to or accessible through the Platform or any affiliated or linked sites
  (xii) violate the Terms contained herein or elsewhere; and
  (xiii) reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Platform.

• You shall solely be responsible for maintaining the necessary computer equipment and internet connections that may be required to access, use, and transact on the Platform.

6. Intellectual Property Rights

• The Platform and the processes, and their selection and arrangement, including but not limited to, all text, videos, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (and any combinations thereof) (collectively, the “Content”) on the Platform is owned by Mango Sciences and/or its group entities and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.

• The trademarks, logos and service marks displayed on the Platform (“Marks”) are the property of Mango Cancer Care or its respective group entities, as the case may be. You are not permitted to use the Marks without the prior consent of Mango Cancer Care or its respective group entities that may own the Marks.

7. Disclaimer of Warranties & Liability

• You expressly understand and agree that, to the maximum extent permitted by applicable law:

• the Platform and other Content are provided by on an “as is” basis without warranty of any kind, express, implied, statutory, or otherwise, including the implied warranties of title, non-infringement, merchantability, or fitness for a particular purpose. Without limiting the foregoing, Mango Cancer Care makes no warranty that the Platform or Services will meet Your requirements, or Your use of the Platform will be uninterrupted, timely, secure, or error-free. No advice or information, whether oral or written, obtained by You from Mango Cancer Care shall create any warranty not expressly stated in the Terms.

• Mango Cancer Care or any of its group entities will not be liable to the Patient, Patient’s Caregiver(s) or any third party, for any loss that You may incur as a consequence of unauthorized use of Your Account or Account information in connection with the Platform either with or without your knowledge.

• Mango Cancer Care has received all the medical information and health records made available on the Platform from the Patient’s hospital, but Mango Cancer Care neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data. Mango Cancer Care shall not be responsible for the delay or inability to use the Platform or related functionalities, the provision of or failure to provide functionalities, or for any information, software, functionalities, and related graphics obtained through the Platform, or otherwise arising out of the use of the Platform, whether based on contract, tort, negligence, strict liability or otherwise. Further, Mango Cancer Care shall not be held responsible for non-availability of the Platform during periodic maintenance operations or any unplanned suspension of access to the Platform that may occur due to technical reasons or for any reason beyond its reasonable control.

• Mango Cancer Care nor any of its group entities are in any manner involved nor do they influence the medical diagnosis, assessment of the medical history, or the procedure or treatment choice or treatment cost or treatment outcome of the Patient and that these decisions and actions are solely between the hospital and the respective Patient.

8. Indemnification and Limitation of Liability

• You agree to indemnify, defend and hold harmless Mango Cancer Care and its group entities including but not limited to its (and its group entities) officers, partners, directors, consultants, agents, representatives and employees (“Indemnitees”) from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including reasonable legal fees) asserted against or incurred by the Indemnitees that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms and/or the Privacy Policy. Further, You agree to hold the Indemnitees harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Platform, any misrepresentation with respect to the data or information provided by You/relating to You, Your violation of the Terms and/or the Privacy Policy, Your violation of applicable laws, or Your violation of any rights of another, including any intellectual property rights

• In no event shall Mango Cancer Care or any of its group entities and its officers, partners, consultants, agents, and employees, be liable to You or any third party for any special, incidental, indirect, consequential, or punitive damages whatsoever, arising out of or in connection with Your use of or access to the Platform or Content on the Platform.

• The limitations and exclusions in this Clause apply to the maximum extent permitted by applicable laws.

9. Violation of the Terms

• You agree that any violation by You of these Terms will constitute an unlawful and unfair practice, and will cause irreparable harm to Mango Cancer Care or any of its group entities, for which monetary damages would be inadequate, and You consent to Mango Cancer Care or its relevant group entities in obtaining any injunctive or equitable relief that they deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that Mango Cancer Care or its group entities may have at law or in equity.

10. Suspension and Termination

• The Terms will continue to apply until terminated by either You or Mango Cancer Care as set forth below. If You object to the Terms or are dissatisfied with the Platform, You may (i) close Your Account on the Platform; and/or (ii) stop accessing the Platform. The consequences of termination as set out in these Terms will apply in such case.

• Mango Cancer Care may delist You or block Your future access to the Platform or suspend or terminate Your Account if it believes, in its sole and absolute discretion that You have violated any term of these Terms or the Privacy Policy or in any way otherwise acted unethically. Notwithstanding anything in this Clause, all terms which by their nature are intended to survive such termination, will survive indefinitely unless and until Mango Cancer Care chooses to terminate them. Your Account, in case You are the Patient or Patient Caregiver, may automatically terminate upon termination of Your program contract executed with Mango Cancer Care.

11. Governing Law and Jurisdiction

• These Terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts at Bangalore, India.

12. Grievance Redressal Mechanism

• Grievance Handling: If You have any grievances, or complaints or concerns with respect to the Platform, the Content, or the Services, You can contact the designated Grievance Officer of Mango Cancer Care, namely, Chitrang Shah, at [email protected]. By lodging a complaint, You agree to provide complete support to the Grievance Officer and such reasonable information as may be sought by them from You. Mango Cancer Care shall aim to resolve the complaints as soon as possible

• The Grievance Officer of Mango Cancer Care shall acknowledge the User grievances, or complaints or concerns with respect to the Platform, the Content, or the Services, within 36 hours of receipt of the same and shall endeavour to redresses the same at the earliest.

13. Communications

• You hereby expressly agree to receive communications by way of SMS, telephone calls, WhatsApp /or e-mails from Mango Cancer Care, its group entities and other third parties duly authorised by Mango Cancer Care. You hereby expressly consent to the monitoring and recording, by Mango Cancer Care of any and all communications between You and Mango Cancer Care or its agents, employees, consultants, contractors, or representatives of Mango Cancer Care or of their authorised partners, for internal business and quality control purposes.

• You can unsubscribe or opt-out from receiving communications through SMS and e-mail from Mango Cancer Care. In which case, Mango Cancer Care will only send You communications solely required for the purposes of the Services provided through the Platform. 

14. General Provisions

• Notice: All notices from Mango Cancer Care will be served by email to Your registered email address or by general notification on the Platform.

• Assignment: Unless expressly provided in these Terms, You cannot assign or otherwise transfer the Terms, or any rights granted hereunder to any third party. Mango Cancer Care’s rights under the Terms are freely transferable by Mango Cancer Care to any third party without the requirement of seeking Your consent.

• Severability: If, for any reason, a court of competent jurisdiction finds any provision of the 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.

• Force Majeure: Mango Cancer Care and/or the Platform shall not be liable to You for its failure to perform or for delay in providing You access to Your Account or to the Platform or any Services thereof, to the extent such failure or delay results from causes beyond its reasonable control, including, without limitation, acts of God, fires, explosions, wars or other hostilities, insurrections, revolutions, strikes, labour unrest, earthquakes, floods, pandemic, epidemics or regulatory or quarantine restrictions, unforeseeable governmental restrictions or controls or a failure by a third party hosting provider or internet service provider or on account of any change or defect in the software and/or hardware of Your computer system.

15. IP Infringement

• If You believe the Platform violates Your intellectual property, You must promptly notify Mango Cancer Care in writing at [insert email address]. These notifications should only be submitted by the owner of the intellectual property, or an agent authorized to act on his/her behalf. However, any false claim by You may result in the termination of Your access to the Platform. You are required to provide the following details in Your notice:(i) the intellectual property that You believe is being infringed;
  (ii) the item that You think is infringing and include sufficient information about where the material is located on the Platform;
  (iii) a statement that You believe in good faith that the item You have identified as infringing is not authorized by the intellectual property owner, its agent, or the law to be used in connection with the Platform;
  (iv) Your contact details, such as Your address, telephone number, and/or email;
  (v) a statement that the information You provided in Your notice is accurate, and that You are the intellectual property owner, or an agent authorized to act on behalf of the intellectual property owner whose intellectual property is being infringed; and
  (vi) Your physical or electronic signature.

 

 

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