TERMS & PRIVACY
By using PIKA Digital Health Solution, you (if you are an individual) or your organization (if you are representing an organization) referred to as the customer / You, unconditionally agree to these Service Terms and Conditions (this “Agreement”). If you do not agree to this Agreement, you are not authorized to use PIKA Digital Health Solution. This Agreement is between you and Anvaya Analytics Lab Pty Ltd. (“Anvaya”). Anvaya operates an Information and Communication Technology ("ICT") facility that will enable you to connect to licensed physicians ("Licensed Physicians") by using your Mobile Phones, Phones and Laptops (the "PIKA Digital Health Solution ").
1. Age and Capacity. You represent and warrant that you are at least eighteen (18) years of age, and have the capacity to bind yourself contractually to this Agreement and to use PIKA Digital Health Solution. If you are under eighteen (18) years of age, or otherwise incapacitated to enter into this Agreement, you may not register to use PIKA Digital Health Solution. If you are acting on behalf of your nominated member/s, you represent and warrant that you are authorized to act for and on behalf of, and to bind such nominated member/s. You also warrant that you have fully informed each of the nominated members and that they have fully understood, consented, and accepted these Terms and Conditions. Upon Anvaya’s request, you will provide us with written proof of (a) your specific authorization to act on behalf of your nominated member/s and (b) the consent and acceptance of this Agreement by the nominated member/s.
3. Price and Payment. You agree to pay any applicable fees to Anvaya for the use of the PIKA Digital health solution. Failure to pay any applicable fees will lead to removal of access to you to for the usage of the PIKA Digital health solution.
If you wish to purchase any product or service made available through Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including but not limited to, your credit or debit card number, the expiration date of your card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
In case of the cancellation, ANVAYA will refund the order amount deducting the applicable payment gateway charges within 10-15 days from the day of order placement.
4. Non-Commercial and Proper Use of PIKA Digital Health Solution. PIKA Digital Health Solution is for your own personal non-commercial use only. You may use PIKA Digital Health Solution for lawful purposes only and only in ways consistent with applicable national or local laws, rules and regulations (collectively "Law"). ANVAYA reserves the right to deny or suspend your access to PIKA Digital Health Solution in the event of actual or potential misuse of PIKA Digital Health Solution. You agree that you will not use PIKA Digital Health Solution as a substitute or replacement for professional medical advice, diagnosis or treatment. You will not post or transmit a message under a false name, or use the network resources of PIKA Digital Health Solution to impersonate another person or misrepresent an authorization to act on behalf of others or ANVAYA. All messages transmitted via PIKA Digital Health Solution should correctly identify the sender. You will not allow another person or entity to use your account, username or password to access or use PIKA Digital Health Solution, or post or view comments. You shall not undermine the security or integrity of computing systems or networks of PIKA Digital Health Solution, or those accessed through or with the product of ANVAYA, and shall not attempt to gain unauthorized access. You shall not harvest or collect Personal Data about any other individual who uses PIKA Digital Health Solution. You may not post or transmit any data, materials, content or information which is threatening, false, misleading, abusive, libelous, pornographic or profane, or that contains or promotes any virus, worm, Trojan horse, time bomb or other computer programming or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate or otherwise interrupt or expropriate the Site or PIKA Digital Health Solution. You may not tamper, hack, spoof, copy, modify or otherwise corrupt the administration, security or proper function of PIKA Digital Health Solution. You will not use robots or scripts with the Site. You will not attempt to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter, defraud or create false results from any executable code, or information on or received by the Site. You agree to have anti-virus and/or anti-spyware software running that is set to override the Internet browser’s cookie setting. You further agree that any information you provide or use on the Site, and your use of PIKA Digital Health Solution will not infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any party, including such rights of said parties. ANVAYA maintains the right to delete any information provided by you that it deems, in its sole discretion, fraudulent, abusive, defamatory, and obscene or in violation of Law, a copyright, trademark or other intellectual property or ownership right of any other person.
5. Third-Party Advertisers. ANVAYA may allow third-party advertisers to advertise in the Site in the course of PIKA Digital Health Solution. ANVAYA does not endorse or guarantee the accuracy or reliability of any of the advertisements, products or services of third parties. ANVAYA does not warrant or validate the promotions, communications or other materials of third party advertisers. You agree that ANVAYA is not responsible or liable for any content or other materials of or claims supplied by third-party advertisers. ANVAYA is also not responsible for any transactions or dealings between you and any third-party advertisers. You agree that ANVAYA is not liable or responsible for any claim or loss due or attributable to third-party advertisers.
6. Limitations on Use and Disclaimer of Warranties. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK, AND THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED THEREWITH. ANVAYA PROVIDES PIKA DIGITAL HEALTH SOLUTION ON AN "AS IS" AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTY WHATSOEVER, WHETHER EXPRESS OR IMPLIED. ANVAYA MAKES NO EXPRESS WARRANTIES OR GUARANTEES ABOUT PIKA DIGITAL HEALTH SOLUTION. TO THE EXTENT PERMITTED BY LAW, ANVAYA DISCLAIMS IMPLIED WARRANTIES, INCLUDING ANY WARRANTY THAT THE SERVICE IS OR WILL BE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. ANVAYA DOES NOT GUARANTEE THAT PIKA DIGITAL HEALTH SOLUTION OR ITS INFORMATION OR CONTENT WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, RELIABLE, ACCURATE, TIMELY, USEFUL, ADEQUATE, COMPLETE OR SUITABLE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED, INCLUDING LOSS OF DATA RESULTING FROM DELAYS, AND ANY SERVICE INTERRUPTION CAUSED BY ANVAYA. ANVAYA IS NOT RESPONSIBLE FOR TRANSMISSION ERRORS OR CORRUPTION OR COMPROMISE OF DATA CARRIED OVER LOCAL OR INTERCHANGE TELECOMMUNICATION CARRIERS. You understand and agree to assume the potential risks associated with the use of PIKA Digital Health Solution, such as but not limited to the following:
(a) In some instances, the information you have provided may not be sufficient for the Licensed Physician to provide the appropriate medical advice;
(b) Delays in assessment and advice could occur due to failure of the electronic systems;
(c) In some instances, your failure to provide accurate and/or complete medical records to the Licensed Physician may result in adverse drug reactions or allergic reactions or other judgment errors;
(d) You may expect the anticipated benefits from the use of healthcare services provided by the Licensed Physicians, but that no results can be guaranteed or assured.
(e) Your Licensed Physician, in his or her sole discretion and professional judgment, may determine that his/her healthcare services are not appropriate for some or all of your treatment needs and, accordingly, may elect not to provide his/her healthcare services to you through PIKA Digital Health Solution.
(f) Temporary interruptions in service may occur in connection with use of PIKA Digital Health Solution.
You acknowledge and agree that ANVAYA is not responsible for any printing, typographical or technological errors regardless of the matter, media, material or form thereof. Neither shall ANVAYA be responsible for electronic, human, equipment programming or other error, omission, interruption, defect or delay which may occur (regardless of the matter, media, material or form thereof), incorrect, inaccurate, late, lost, stolen, illegible, incomplete or misdirected matters or information (regardless of the matter, media, information or form thereof), technical failures of any kind, inadvertent loss of information; or unauthorized human intervention in any part, material or process or otherwise. Nothing in PIKA Digital Health Solution is intended to be used for medical diagnosis or treatment or construed, directly or indirectly, as the practice of medicine or dispensing of medical services by ANVAYA. The Licensed Physicians are not employees of ANVAYA and are directly responsible for the quality and appropriateness of the care they render directly to you. ANVAYA disclaims all liabilities for the acts or omissions of any provider providing health or medical care to customers of PIKA Digital Health Solution. ANVAYA makes no representation or warranty as to the content of any treatment response from any Licensed Physician. You and the Licensed Physician are solely responsible for all information or communication exchanged during a medical consultation. ANVAYA does not guarantee that a medical consultation through an ICT facility is the appropriate course of treatment for your particular health care problem or concern. ANVAYA will take commercially reasonable precautions to protect against failure of our equipment and software. You acknowledge and agree that, while ANVAYA may perform regular back-ups of all data stored, ANVAYA shall have no liability to you in the event all data is lost or destroyed. You acknowledge and agree that in the event of restoration of data from backup is necessary, it may take several days to complete such restoration of data and resume operation of PIKA Digital Health Solution.
7. Limitation of Liability. If you choose to use PIKA Digital Health Solution, you must do so at your own risk. Under no circumstance will ANVAYA be liable to you for, and you hereby knowingly and voluntarily release ANVAYA from, any claim relating to any loss or damage that you might directly or indirectly suffer (including, without limitation, incidental, special, consequential, or moral damages, loss of profits, and damages resulting from lost data or business interruption) as a result of your use of PIKA Digital Health Solution, your inability to use PIKA Digital Health Solution irrespective of the cause of that inability, any delay in or interruption of your use of PIKA Digital Health Solution regardless of the cause of delay or interruption, any corruption of any data that is transmitted by you to ANVAYA via PIKA Digital Health Solution, or transmitted by ANVAYA to you by any method whatsoever, your reliance upon any information presented in any intentional or unintentional disclosure or publication of any information transmitted by you to ANVAYA in connection with PIKA Digital Health Solution, or any other act, omission, matter or thing whatsoever having to do with PIKA Digital Health Solution. In circumstances where the foregoing limitation is finally determined to be unavailable, you acknowledge and agree that ANVAYA’s aggregate liability to you for any damages, losses, fees, charges, expenses or liabilities shall not exceed the amount of the last subscription price paid by you equivalent to one month’s Subscription fee.
8. Indemnification. You agree to defend, indemnify, and hold harmless ANVAYA from and against any and all rights, demands, losses, liabilities, damages, claims, causes of action, actions, and suits (no matter whether at law or equity), fees, costs, and attorneys' fees (including appellate level) of any kind whatsoever arising, directly or indirectly, out of or in connection with your use or misuse of PIKA Digital Health Solution, your subscription, your breach of this Agreement, the relationship with or any advice provided by any Licensed Physician, the content or subject matter of or any information you provide to ANVAYA, any License Physician, or customer service agent, or any negligent or wrongful action or omission by you or any information posted on the Site, including, without limitation, infringement of third party intellectual property rights, privacy rights, or negligent or wrongful conduct.
9. Force Majeure. ANVAYA shall not be liable for any damage, claims, liabilities, losses, costs and expenses arising out of the delay or interruption of its performance of any obligations due to any act of God, act of governmental authority, act of public enemy, war, riot, flood, civil commotion, insurrection, severe weather conditions or any other cause beyond ANVAYA's reasonable control.
11. Notices. Any written notices or other communications to you will be addressed and sent to your email address or to your mobile phone number which you provided when you registered to PIKA Digital Health Solution. Any written notices or other communications to ANVAYA will be addressed and sent to email@example.com.
12. Relationship and No Thirty Party Rights. This Agreement does not, in any case, create a doctor-patient relationship between you and ANVAYA. Unless expressly provided herein, nothing in this Agreement is intended to confer any rights or remedies under this Agreement on any person other than you and ANVAYA.
13. Assignment and No Waiver. You may not assign or transfer this Agreement. ANVAYA may freely transfer or assign any part of this Agreement, and any of its rights and duties hereunder or thereunder. Failure of any of the parties to insist in one or more instances on the strict performance of any of the covenants of this Agreement or to exercise any portion hereof contained, shall thereafter not be construed as abandonment or cancellation or waiver of such covenant or option by the party who failed to enforce the strict performance of the provisions of this Agreement. No waiver by herein parties shall be deemed to have been made unless expressed in writing and signed by the party who waives its rights under this Agreement.
14. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof.
16. Separability. If any provision of this Agreement is declared illegal or unenforceable, its invalidity shall not affect the other provisions of this Agreement that can be given effect without the invalid provision. If any provision of this Agreement does not comply with any Law, such provision to the extent possible shall be interpreted in such a manner to comply with such Law, or if such interpretation is not possible, it shall be deemed to satisfy the minimum requirements thereof.
17. Governing Law and Dispute Resolution. This Agreement shall be governed by and construed in accordance with the laws of Bangalore, India. Any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach, termination or invalidity thereof shall be settled by arbitration in the Arbitration and Mediation center of Bangalore in accordance with the Rules of Bangalore Mediation center as at present in force. Should interim judicial relief be necessary in connection with this Agreement, the parties may seek appropriate relief before the courts of Bangalore City to the exclusion of other venues
1. Policy. This Policy outlines the policy of Anvaya Analytics Lab Pty Ltd (“ANVAYA” or “We”) in relation to the collection, use, processing, sharing, storing, and protection of your Personal Data.
When you signed up to be a Subscriber of PIKA Digital Health Solution, and for as long as you are a Subscriber, you consented and, until your subscription expires or is terminated, you continue to consent to our collecting, processing, using, sharing, storing, and eventual destroying of your Personal Data for the purpose of providing you with the products and services you have subscribed to or may want to subscribe to as well as for other uses identified in Section 4 of this Policy.
All throughout the term of your subscription to PIKA Digital Health Solution, you may at any time exercise your right to revise the Personal Data you have given, refuse access, processing, or use of your Personal Data, withdraw consent previously given to the access, processing or use of your Personal Data, or object to the same. You are aware that by withdrawing your consent, or objecting to the processing of your Customer Data, PIKA Digital Health Solution will not be able to provide you with the products and services you have subscribed to or may want to subscribe to.
From time to time, we may update our Policy to reflect required changes or updates. When we do so, we will post the changes or updates in the Site (www.health.pika.io) for your information and reference. If the changes or updates involve your Personal Data requiring your consent, we will obtain your consent prior to posting these changes or updates.
Information provided to you via PIKA Digital Health Solution will be in clear and in plain language to ensure that this information is easy to understand and access.
2. Third Party. In order to fully comply with our obligations to our customers, we may outsource or contract the access to, processing, and use of Personal Data to third parties, such as but not limited to, vendors, service providers, partners or other telecommunications operators. They may have access to Personal Data for a limited time under reasonable contractual and technical safeguards to limit their use of such information. We require them to protect Personal Data consistent with our Policy.
3. Collection of Personal Data. As a Subscriber of PIKA Digital Health Solution, you give your express consent to our collecting and processing your Personal Data. This consent shall remain in effect until you withdraw consent to specific activities done on your behalf, or your subscription expires, or your subscription is terminated.
Your data, whether this be “Personal Information”, as defined under the Act or non-Personal Information.
(i)”Personal Information” is any information from which the identity of an individual may be reasonably and directly ascertained, or when put together with other information would directly and certainly identify an individual, such as name, gender, date of birth, address, telephone/mobile number, email address and proof of identification. It also includes information about:
(a) medical and health information;
(b) the services provided to you, such as, call/SMS details, location information, and certain information about your rate plans and features, as required by law;
(c) the location of your device whenever it is switched on, if you subscribe to location-based services, subject to coverage limitations; and
(d) your use of our service, service experience, and other service issues to help us improve the quality of our services, determine tailored content, and for other legitimate business purposes.
(ii) Non-Personal Information is any information that does not identify you on an individual basis; includes statistical and analytical data, and anonymous and aggregated reports.
We may also request you to update your Personal Data at the Site (www.health.pika.io) or in the Mobile Application PIKA Digital Health Solution from time to time. Should you be unable to supply us with the Personal Data requested for, we may be unable to provide you with products and services you wish to subscribe to, updates on ANVAYA’s latest offerings. You may also be unable to participate in our events, promotions or other activities.
4. Use of Customer Data. As a Subscriber of and until you terminate your subscription with PIKA Digital Health Solution, you continue to consent to our using your Personal Data as follows:
4.1. We use Personal Data to:
(i) Enable you to register with and subscribe to PIKA Digital Health Solution;
(ii) Avail of the services of the Licensed Physicians;
(iii) Provide you with your other subscribed products and services, including customer support;
(iv) Enhance your customer experience and identify tailored content to meet your preferences and needs;
(v) Communicate relevant services and/or advisories to you;
(vi) Abide by any safety, security, public service or legal requirements and processes;
(vii) To send offers and other promotional communications
(viii)To notify you when Site updates are available;
(ix)Send you information about additional clinical services or general wellness from us or on behalf of our affiliates and trusted third-party partners;
(x)To improve the quality of healthcare through the performance of quality reviews and similar activities;
(xi)To fulfill any other purpose for which you provide us Personal Information; and
(xii)For any other purpose for which you give us authorization;
Only Personal Data necessary for the services which ANVAYA offers and which you have subscribed to will be obtained from you and processed to enable you to avail of the services of the Licensed Physicians. Additional Personal Data may be required from you should you desire to avail of the other products and services offered.
4.2. We may use your Personal Data to the extent necessary to comply with the requirements of the law and legal process, such as a court order; to comply with a legal obligation; or to prevent imminent harm to public security, safety or order.
4.3. We use your Non-Personal Information for statistical, analytical, and research purposes to create anonymous and aggregated reports.
We commit to process your Personal Data fairly and lawfully, in a manner that will be transparent to the Subscriber/Customer to allow you the option to know the nature and extent of processing.
We will seek your consent in case we will use or process your Personal Data for any purpose other than those listed under this Section 4, or if required by Law or our Policy
You may avail of our broadcast messages relevant to you through written correspondence, text messaging, internet, or other similar means of communication. You may also change your mind at any time and opt out of receiving them by contacting the PIKA Digital Health Solution via email on firstname.lastname@example.org .
5. Protection of Customer Data. We respect your privacy. We take paramount care in protecting your Personal Data. As such, we secure and protect your Personal Data with proper safeguards to ensure confidentiality and privacy; prevent loss, theft, or use for unauthorized purposes; and comply with the requirements of the Law, specifically the Data Privacy Act and its implementing rules and related laws circulars, and issuances.
As communications over the internet may not be secure, we take reasonable and appropriate security measures that use a variety of physical, electronic, and procedural safeguards to protect Personal Data. For example, we protect and keep your information submitted through our Site safe using a secured server behind a firewall, encryption, and other appropriate security controls. When you enter your information through our Site, we encrypt that information using Secure Sockets Layer (SSL) technology so that it cannot be read as the information travels over the internet. We regularly review our information collection, storage, and processing practices, including physical security measures, to guard against unauthorized access to our system and unauthorized alteration, disclosure, or destruction of information we are in possession of.
We only permit your Personal Data to be accessed or processed by our authorized personnel and who will have access to and hold such information under strict confidentiality. We restrict access to information to selected and qualified ANVAYA employees, contractors, and agents, including the Licensed Physicians, who have a “need-to-know” in order to process this information, who are subject to strict contractual and technical safeguards and are accountable to the law, the Subscribers and to ANVAYA if they fail to meet these obligations.
We keep our records as accurate as possible. If your Personal Information needs to be corrected or updated, and for as long as you are registered as our subscriber/customer, you may access your account details and correct your Personal Data by contacting the ANVAYA Wellness Representative through the PIKA Digital Health Solution email email@example.com .
We keep your Personal Data in our records, as may be applicable, while you are a customer, or as long as it is necessary to fulfill the purpose for which it was collected, or while it is needed by us for business, tax, or legal purposes. Disposition of Personal Data shall be done in accordance with the law, in a secure manner that would prevent further processing, unauthorized access, or to ensure that disposed information is not accessible to the public.
Your Personal Data remains your property. We are not responsible for information, content, application, product or service that we do not own or provide. We will take all measures to fight spam, fraud or any unauthorized messages that may attempt to or do traverse our network.
Access to PIKA Digital Health Solution by any subscriber/customer must not include photo or video voyeurism, including the publication or broadcast or transmission through our network of any sexual act or any similar activity, with or without the consent of the person involved, and under circumstances in which the person has a reasonable expectation of privacy. Such posting of, publication, broadcast, or transmission of material classified as illegal, immoral, pornographic is prohibited and is unlawful with corresponding penalties under the law.
6.High-Level Privacy Principles
Purpose and Use. We will limit the access, collection, sharing, disclosure, and further use of your Personal Data to legitimate business purposes as outlined in this Policy or to otherwise meet legal obligations.
Data Minimization. We will collect, access, and use only the Personal Data necessary to meet legitimate business purposes as outlined in this Policy.
Respect User Rights. You will be provided with information about, and an easy means to exercise, your rights over the use of your Personal Data on our website at www.konsulta.md.
Security. Personal Data will be protected, using reasonable safeguards appropriate to the sensitivity of the information.
Accountability and Enforcement. All responsible persons will be accountable for ensuring that these principles are met. You have the right to lodge a complaint before the relevant government agencies.
7. Contact Us
For any questions or concerns, you may contact our us via firstname.lastname@example.org