Terms and Conditions

WWW.MYRESQR.LIFE is an emergency response platform, developed and hosted by Kuberakshi Business Solutions Private Limited (“KBSPL”) to help registered customers to get prompt treatment in case of an accident or medical emergency based on their declared health records, for emergency healthcare professionals to access existing medical conditions of the registered customers. Based on the emergency conditions, the registered customer/ subscriber authorises KBSPL and/or its associates to upload relevant data of the registered customer on their behalf. Registered users are strongly advised to undertake their own diligence process to ascertain competence of service, before availing their services. KBSPL will not be responsible for any consequences or damages resulting from availing its services.

Terms of use

The following terms constitute an agreement between you and Kuberakshi Business Solutions Private Limited, the operator of the site and its partners (“KBSPL”). This agreement (“terms of service”) governs your use of this site and its associated sites, both as a casual visitor and as a member.

By using the service, and/or by registering with us, you signify that you agree to these terms of service, including that you agree to transact with us electronically, that you consent to the information practices disclosed in our privacy policy, and that you consent to resolve any dispute within the jurisdiction of Chennai, India, that you may have with us, our suppliers, or the site. Please note that we offer the site “as is” and without warranties.

Changes to these terms of service

These terms of service govern your relationship with us and our suppliers. We may change these terms of service at any time, as we deem appropriate. You should continue to review these terms and conditions as they are binding on each member as revised. If you disagree with the changes to these terms of service, discontinue your use of the site, or if you have registered as a member, cancel your registration. We recommend that you print or copy any information you have stored through the services prior to cancelling. Your ongoing use of any service or of the site after the changes take effect signifies your agreement to the new terms. We again encourage you to review the terms of service regularly.

Registration

In order to register, you will provide some basic information to us about yourself, such as your first name, last name, date of birth, email address and other details. During registration you will provide your mobile number, UIDAI and your email id. Your email id is Your username (unique and not changeable) and create a password (can be changed by user) will be sent to your registered mobile and email. The data that we think which might be useful during an emergency will be printed on the card which will be given to anyone who has successfully registered. The customer has the option either to get the data which might be sensitive with related to the customer’s health printed on the card or the customer can opt out of the same. The customer owns the data and has the privilege and option to share the data or give access to data by an authorization process.

Your personal information

Our privacy policy explains the information practices that apply to the personal information we have about you, as well as the choices you can make about the ways this information is used. You consent to the transfer of this information to and within india or other countries for processing and storage by us. Additionally, you agree that we, and vendors acting on our behalf, may use your credentials to authenticate you on any service or the site.

Your responsibilities

You are responsible for all use of the site and services using your credentials, including use by others to whom you have given your credentials or authority via the authorization process. You are responsible for keeping your password confidential and for notifying us if your password has been hacked or stolen. You may notify us by requesting to reset your password and the link for the same will be sent to your registered mobile and email id. You may use the site and services for lawful, non-commercial purposes only. You may not use the site in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party’s use and enjoyment of the site and services. You may not attempt to gain unauthorized access to any services, user accounts, or computer systems or networks, through hacking, password mining or any other means. We may take any legal and technical remedies to prevent the violation of this provision and to enforce these terms of service.

Limitation on use of automated tools

You may not use any robot, spider, scraper or other automated means to access the site or services for any purpose without our express written permission. Any violation may result in termination of your access to the site, deactivation or deletion of your registration and all related information and files you have stored, and preclusion of any further access to such files or the site.

Links to other sites

The site may include links to other websites, including links provided as automated search results. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. These links are provided for your convenience only and do not mean that we endorse these sites or the products and services they provide. You acknowledge and agree that we are not responsible or liable for the content or accuracy of these other sites.

Additional terms

Certain services on the site may have additional terms (such as policies, guidelines, and rules) that will further govern your use of that particular service and supplement these terms of service. If you choose to register for or access any such service, you will be presented with any relevant additional terms and conditions at that time. By using those services, you agree to comply with such additional guidelines and rules.

No spam

You may not use contact information provided by our users, or harvest information about our users, for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications such as spam or spim. You may not allow others to use your account to violate the terms of this section. We may terminate your membership or access to the site immediately and take other legal action if you or anyone using your credentials violates these provisions.

Your use of content

All of the content except for your data in the form of medical records and other health related details, available on or through the services and/or the site is owned by us, our suppliers, and our contributors, and is protected by copyright, trademark, patent, and trade secret laws, other proprietary rights, and international treaties, and also may have security components that protect digital information. We give you permission to use the content for personal, non-commercial purposes only. You may also print, download, and store articles and other information for your own convenience, but you may not distribute, republish (except if permitted by a written permission), sell, mine, exploit, frame or scrape any of the content, or exploit the content for commercial gain.

Advertising

We accept advertising that complies with our philosophy of advising you on better health and wellness. Please keep in mind that any dealings that you have with advertisers found on the site are between you and the advertiser and you acknowledge and agree that neither we nor our suppliers are liable for any loss or claim you may have against an advertiser.

Linking to this website 

You will not link this website or associated websites without our written permission, linking our website without proper permission might attract legal action from us.

Important information about specific services


Health records :

The website enables you to store your health related information in one place. It can help you keep track of this information in a convenient way and more easily share it with your health care providers and caregivers. The accuracy, integrity and completeness of the health information you enter or that you allow others such as your doctor or our associates/employees/agents to enter records/data into your health profile is your responsibility, and we assume no liability for it. We also are not liable for any use or misuse of information transmitted or received by a third party you have authorized to access or use your health portfolio.

The tools on the site are information tools, intended for educational and informational purposes only. Neither we nor our suppliers provide medical advice or diagnoses. You should not make medical, lifestyle, treatment, or other health care decisions based solely on these tools. The tools should be used in combination with the advice of your health care providers. Always seek the advice of a qualified health care provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you find in our tools. Keep in mind that the tools are dependent upon the accuracy and completeness of the information you enter. Some of the questions in certain tools can only be answered accurately by a qualified health care provider capable of making the necessary assessment; these questions are specifically marked on appropriate screens. All the questions must be answered fully and completely in order for these tools to be used properly and responsibly. You are solely responsible for any decisions or actions you take based on the information in these tools.

International use :

Accessing the site and services from territories where the content is illegal is prohibited. If you choose to access the site and services from a location outside india, you do so, on your own initiative and you are responsible for compliance with local laws.

Cancellation and/or refund: there will be no cancellation or refund.

You also agree that:

To keep the registration active, you would need to pay an activation fee every year. If the payment of activation fee is defaulted, then the account will be made inactive and the advance taken towards basic emergency service will be adjusted towards this default and we will not be able to give any assistance to that registered user during an emergency. If the default is for two years then all the records related to that user will be deleted from the system.

You have an option to opt out of the system, in that case all your records will be deleted from the system, we would advise you to take a backup or download or store any data that you may require from the system. Any unused credit or fees or subscription or advance for any service or care will not be refunded.

Basic emergency may include but not limited to arranging an ambulance, connecting with your emergency contact, coordinating with the police or a health centre or healthcare giver or your health insurance insurer if insurance is active and with us at the time of your health emergency.

At the time of emergency (especially when you are not in sense) and there is a need for a doctor whether registered with us or not to get access to your health data, you allow and authorize us to share data as need may be, after due diligence or process protocol followed by us to ensure that the data is not misused. You will not held us liable for any damages or losses or whatever may be the cause or reason. Any such access without proper authorization by you will create a log and a message will be sent to you to by sms and/or email registered with us.

The emergency contact number provided is for emergency purpose only, please note that the caller will incur local call rates and also this will be charged as an emergency and the advance paid towards emergency will be deducted in whole.

Enquiry number 01139589853 is for 09:00 am to 18:00 pm, from monday to Saturday. The emergency number on which emergency calls will be taken is 08039513709 and this number is available round the clock for emergency purpose.

The user is solely responsible for the data irrespective of the data being entered by the user, by an employee/ partner/ associate/vendor/agent of KBSPL. The user should verify the correctness of the data and in case of any discrepancy should notify us in writing or take necessary corrective step. KBSPL or any of its associates will not be responsible or liable for any loss or damage that it might cause. The onus for checking the correctness of the data solely lies with the registered user or its legal guardian in case of a minor.

It is important to receive a message for any transaction done in your account and hence you allow and authorize KBSPL to send you messages via sms and/or email.

It is not possible to have 100% uptime, hence if there is any shortfall in service be it the website or email or sms or any service that may be critical or otherwise, KBSPL and its vendor or associates will not be liable for any loss or damage. We assure you that we will take the utmost care and dedication and measures to have our system up and running and secured at all times but we cannot guarantee you the same.

While KBSPL would take necessary measures to keep the platform secured and running, KBSPL and its associates or vendors will not be liable for any loss or damage due to malfunction of the system or any data loss or correctness or completeness of the data.

You give us the necessary privilege to contact whenever necessary to give you information that might be beneficial to you related to your health.

Subscription, activation or any fees once paid is not-refundable.

Any calls made to us, either through customer care number or emergency contact number or otherwise may be recorded for quality control purposes and call recording may be shared as deemed necessary

We make no warranties :

We provide the site and the services as is, with all faults and as available. We and our suppliers and/or associates make no express or implied warranties or guarantees about the services. To the extent permitted by law, we and our suppliers disclaim implied warranties that the services are merchantable, of satisfactory quality, accurate, fit for a particular purpose or need, or non-infringing. We and our suppliers do not guarantee that the results that may be obtained from the use of the services, will be effective, reliable, accurate or meet your requirements. We do not guarantee that you will be able to access or use the services (either directly or through third-party networks) at times or locations of your choosing. We and our suppliers also do not guarantee the satisfaction of government regulations requiring disclosure of information on prescription drug products. No oral or written information given by any of our representative shall create a warranty. You may have additional consumer rights under your local laws that this contract cannot change. You use the site and the services at your own risk.

We do not provide medical advice :

This site and the services offer health, fitness and nutritional information, but are designed for information purposes only. You should not rely on this information as a substitute for, nor do they replace, professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health, you should always consult with a physician or other health-care professional. Do not disregard, avoid or delay obtaining medical or health related advice from your health-care professional because of something you may have read on this site. The use of any information provided on this site is solely at your own risk. Nothing stated or posted on this site or available through any services are intended to be, and must not be taken to be, the practice of medical or counseling care. For purposes of this agreement, the practice of medicine and counseling includes, without limitation, psychiatry, psychology, psychotherapy, or providing health care treatment, instructions, diagnosis, prognosis or advice. Developments in medical research may impact the health, fitness and nutritional information that appears here. No assurance can be given that the information contained in this site will always include the most recent findings or developments with respect to the particular material. 
Your access or use of this site and the services does not create in any way a physician/patient, confidential, or privileged relationship, or any other relationship that would give rise to any duties on our part or the part of our suppliers or our associates. We do not recommend or endorse any specific tests, physicians, procedures, opinions, or other information that may appear on the site. If you rely on any of the information provided by this site, its employees, or its guests or visitors, you do so solely at your own risk.

General limitation of liability :

Your sole and exclusive remedy for any dispute with us or our suppliers is the cancellation of your registration. In no event shall our, our parents and our suppliers cumulative liability to you for any and all claims relating to the use of the site and services exceed the total amount of fees, if any, that you may have paid for the current financial year for the services. We, our parent, and our suppliers shall not be liable for any indirect, special, incidental, consequential or exemplary damages arising from your use of or inability to use the site and services. These exclusions apply to any claims for lost profits, lost data, loss of goodwill, work stoppage, computer failure or malfunction, or any other commercial damages or losses, even if we knew or should have known of the possibility of such damages. If some indian jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, our liability, and the liability of our parent and suppliers, shall be limited to the extent permitted by law.

KBSPL limitation of liability :

KBSPL hereby disclaims any liability to you, the users of your account, or any other party for any damages or injury that may result from the use of or inability to use your personal health portfolio, including but not limited to any damages or injury caused by failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication service failure, theft or destruction or unauthorized access to, alteration of, or use of such account under any legal theory or cause of action. Neither we nor our directors, officers, employees, agents, suppliers, or affiliates or associates shall be liable for any direct, indirect, incidental, consequential, special or punitive damages, including, but not limited to those arising out of the use of your account/ your personal health record / service or inability to gain access to or use the account / personal health record / service.

Termination :

We may terminate and/or suspend your registration immediately, without notice, if there has been a violation of these terms of service or other policies and terms posted on the services by someone using your credentials. We may also cancel or suspend your registration for any other reason, including inactivity for an extended period and/or default in payment, but will attempt to notify you in advance of such cancellation or suspension. Your right to use the services will end once your registration is cancelled or terminated, and any data you have stored on such a service may be unavailable later, unless we are required to retain it by law.

Indemnification:

Upon a request by us, you agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, parent, other affiliated companies, and suppliers, from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of the site and the services. We reserve the right to assume control of the defense of any third party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

Electronic contracting and notices :

Your affirmative act of using this site and/or registering for the site or services constitutes your electronic signature to these terms of service and your consent to enter into agreements with us electronically. You also agree that we may send to you in electronic form any privacy or other notices, disclosures, reports, documents, communications or other records regarding the services (collectively, notices). We can send you electronic notices (1) to the e-mail address that you provided to us during registration, or (2) by posting the notice on the applicable service or otherwise through the site. The delivery of any notice from us is effective when sent by us, regardless of whether you read the notice when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive notices electronically by cancelling or discontinuing your use of the applicable service. In order to receive notices electronically, you must have a personal computer with a modem connected to a communications source (telephone, wireless or broadband), and a windows-based operating system with an internet browser or a macintosh-based operating system with an internet browser. You will need a printer attached to your personal computer to print any notices. You can retrieve an electronic copy and a printable version of this contract by clicking on the terms of service link on any web page that hosts any of the services. All contracts completed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing.

Entire agreement :

This contract and any supplemental terms, policies, rules and guidelines posted on the site and the services constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of these terms of service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Choice of law and location for resolving disputes :

You agree that the law of republic of india governs this contract and any claim or dispute that you may have against us or our suppliers, and that the united nations convention on contracts for the international sale of goods shall have no applicability. You further agree that any disputes or claims that you may have against us or our suppliers will be resolved within the territorial jurisdiction of hon’ble high court at chennai, india. Please note that by agreeing to these terms of service, you are: (1) waiving claims that you might otherwise have against us based on the laws of other jurisdictions, including your own; (2) irrevocably consenting to the exclusive jurisdiction of hon’ble chennai high court, and venue in, state or federal courts in the jurisdiction of chennai high court over any disputes or claims you have with us relating to or arising out of the site, the service or the agreement; and (3) submitting yourself to the personal jurisdiction of courts located in the territorial jurisdiction of honourable chennai high court at chennai, india for the purpose of resolving any such disputes or claims.

Assignment :

We may assign this contract at any time to our parent, any subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity. We will post a notice on the site regarding any change of ownership so that you have the opportunity to discontinue your use of the site or cancel your registration if you do not wish to continue to use the site and services under the new ownership. You may not assign this contract to any one else.

Procedures for making claims of copyright infringement :

We respect the intellectual property of others, and we ask our suppliers and those posting to this site to do the same. If you believe that your copyrighted work has been copied and is accessible on this site in a way that constitutes copyright infringement, you may notify us by providing with the following information :

The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf.

A description of the copyrighted work that you claim has been infringed and a description of the infringing activity.

Identification of the location where the original or an authorized copy of the copyrighted work exists, for example the url of the website where it is posted or the name of the book in which it has been published.

Identification of the url or other specific location on this site where the material that you claim is infringing is located; you must include enough information to allow us to locate the material.

Your name, address, telephone number, and email address so that we may contact you.

A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.

A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.