1. Welcome to Bell Health
1.1. The following terms and conditions (hereinafter referred to as "Terms and Conditions") form part of the agreement between you and Bell Health (hereinafter referred to as "Bell Health", "we", "our" or "us"), the provider of mobile application that gives you, (hereinafter referred to as "you", "your" or "User"), access to health information. We offer many features for your wellness and healthier life.
1.2. Bell Health app is available as an app for download via your mobile device (hereinafter called the "Bell Health App"), and (when and where available) via our web-based application (hereinafter called the "Website"). The Website and the Bell Health App, including any software or other technology the Website and the Bell Health App are respectively based upon, are hereinafter called the "Bell Health Application".
PLEASE NOTE THAT THE BELL HEALTH APPLICATION DOES NOT MAKE ANY MEDICAL DIAGNOSES AND IT IS NOT REPLACEMENT FOR A HEALTHCARE PROVIDER OR MEDICAL PROFESSIONAL. PLEASE SEEK THE ADVICE OF A MEDICAL PROFESSIONAL IF YOU ARE CONCERNED ABOUT YOUR OR YOUR RELATIVE'S HEALTH. IN CASE OF AN EMERGENCY, YOU SHOULD CONTACT THE EMERGENCY SERVICES IMMEDIATELY. ALWAYS CONSULT YOUR DOCTOR OR ANOTHER QUALIFIED HEALTH CARE PROVIDER IF YOU HAVE ANY QUESTIONS REGARDING ANY MEDICAL ISSUES. YOU SHOULD NEVER DISREGARD A DOCTOR'S PROFESSIONAL ADVICE OR CANCEL AN APPOINTMENT WITH A DOCTOR BECAUSE YOU ARE RELYING ON INFORMATION YOU HAVE READ OR HEARD IN THE BELL HEALTH APPLICATION OR APPLICATION.
1.3. The Bell Health Application is operated by Biogensys, a company founded and registered in US and registered with the State of Delaware.
1.4. If you wish to contact us, please email our Customer Service team at care@bellhealth.in.
1.5. You must be at least 18 years old if you wish to use the Bell Health Application. If you are under 18 years old, usage of the Bell Health Application and your agreement to these Terms and Conditions require the consent of your legal guardian.
1.6. Your use of the full functionality of the Bell Health Application requires your agreement to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, you may not use or access any part of the Bell Health application.
2. The legal relationship between you and Bell Health
2.1. These Terms and Conditions apply to the use of the Bell Health Application contain the terms governing your use of the Bell Health Application. It is important that you have read and understood the present Terms and Conditions in conjunction with our Privacy Policy before using the Bell Health App. If you have difficulty understanding any aspect of the terms, please contact us at care@bellhealth.in and we can explain what it means for you.
2.2. You may only set up a User account on the Bell Health Application if you agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, you may not create a User account on the Bell Health Application.
3. Information we collect about you
3.1 Protecting your privacy and any data relating to you (hereinafter referred to as "Personal Data") is immensely important to us. For that reason, any of your Personal Data generated by the use of the Bell Health Application will only be collected, stored and processed by us in compliance with local Regulations. Please read our Privacy Policy to understand how, and for what purposes, we collect and use your information to provide you with the best possible service.
3.2 You hereby grant us the perpetual, worldwide, transferable, and sublicensable right to use data, which we have anonymized in line with applicable data protection law, in any manner, whether currently known or unknown. You acknowledge and accept that we own all right, title and interest in and to any data derived by us from such anonymized data.
4. The Bell Health Application
4.1 The Bell Health Application offers Users the opportunity to monitor the health and their relatives to track the health and provides info on what might potentially be causing their health issues. The Bell Health Application compares the User's health issues with a group of anonymous people with comparable health issues with similar demographics, and suggests possible causes for the given symptoms (hereinafter referred to as the "Assessment Report") and to improve their health.
4.2. Please be aware that we provide the Bell Health Application solely for your health monitoring purposes. It is not a medical consultation. The Bell Health Application is not a substitute for medical advice given by your doctor, general practitioner or other health care provider.
4.3. The Bell Health Application does NOT provide diagnoses for medical conditions, nor does it prescribe how to treat any medical issues you may have. This can only be done by consulting a medical professional (a qualified Doctor or Physician).
4.4. Ultimately, if you do have any medical issues related to the information that you entered into the Bell Health Application, you are responsible for whether or not you decide to consult a medical professional and/or seek medical advice.
5. Creating a User account
5.1. Before using the Bell Health App, you will first need to download the Bell Health App from the Apple App Store or Google Play Store (hereinafter referred to, either individually or collectively, as "App Store") to your mobile device.
5.2. After downloading the Bell Health App, you can register with the Bell Health Application by setting up a User account with a username and password (hereinafter referred to as "User Account"). Registration constitutes a binding offer of the User to be bound by these Terms and Conditions. We may (but are not obliged to) accept this offer by enabling access to the Bell Health Application for the first time via the User Account. We will send you confirmation of registration electronically.
5.3 We will save the contractual text of the agreed Terms and Conditions. Beyond this, we do not assume any obligation with regard to the availability of the agreed terms to the User.
5.4 We advise our Users to only use 'strong' passwords for their User Account (strong passwords are passwords consisting of a combination of numbers, both upper and lower case letters, and symbols). When you register your User Account or provide us with other information, you are also declaring that the information provided to us is correct and complete. In the event of any change in the information later on, you declare that you will promptly notify us of such changes by updating the information.
5.5. It may be possible to login to the Bell Health Application via an account you hold with a third-party service provider (such as Facebook). If you connect to the Bell Health Application through such a third-party service provider, you also grant us access to the use of certain information you have provided to that service provider (e.g. name, date of birth, email address, phone number), if and to the extent permitted by that service provider’s terms and conditions and our Privacy Policy.
5.6. You are responsible for maintaining the confidentiality of your login information and any activity in your User Account. Should you have the suspicion that your User Account may have been misused, you agree to inform us of this immediately by emailing security@bellhealth.in
6. Your right to use the Bell Health Application
6.1. The Bell Health Application and all materials and content contained therein are our property or the property of the persons who have granted us the applicable license (this also applies to the third-party software listed in the Bell Health App). We grant you the right to use these materials and content only for the purposes of using the Bell Health Application as your health and wellness monitor, for you personally or on behalf of another person (relative). If you use the Bell Health Application for another person, you remain fully responsible for ensuring that the use on behalf of that person is permitted under privacy and other applicable legal requirements. In particular, you are obliged to collect applicable consent from that person and inform them about our Terms and Conditions and Privacy Policy.
6.2. We grant you the right to personally access and use the Bell Health Application. You are prohibited to transfer this right to anyone else, or to sell, give away or transfer your User Account to anyone else. Your right to access the Bell Health Application does not preclude us granting other persons the right to access the Bell Health Application.
6.3. Your right to use the name "Bell Health" or any trademarks, logos, domain names or other characteristic trademarks whatsoever is limited to the scope defined in these Terms and Conditions.
6.4. In return for your warranty to comply with these Terms and Conditions, we grant you a limited, non-transferable, non-sublicensable, personalized, non-exclusive, revocable right to download the Bell Health App to your device under the conditions set forth in these Terms and Conditions or the privacy policy, or under any terms applying to the App Store you may have downloaded the Bell Health App from.
6.5. As the User, unless such behaviors are appropriately permitted in accordance with these Terms and Conditions or unless permitted under mandatory copyright law where necessary for the use of the Bell Health Application in accordance with its intended purpose and/or indispensable to obtain the information necessary to achieve the interoperability with other programs, you undertake to refrain from the following:
- You, the User, agree not to replicate or copy the Bell Health Application, either in whole or in part.
- You, the User, agree not to sell or otherwise make available the Bell Health Application, either in whole or in part, to anyone else.
- You, the User, agree not to modify the Bell Health Application, in whole or in part, in any way whatsoever.
- You, the User, warrant that you will not attempt to discover or access the source code of the Bell Health Application, in whole or in part, unless it has been expressly published by us and released into the public domain.
6.6. You are aware that we, and/or the persons who have granted us a license in this respect, are entitled to any confidential information, rights of use, of exploitation and of recovery - and any other intellectual property rights fully or partially existing - regarding the Bell Health App or Platform.
7. Your use of the Bell Health Application
7.1. In addition to the other provisions in these Terms and Conditions, this section defines certain regulations relating to the use of the Bell Health Application (hereinafter referred to as "Regulations").
7.2. The following is a list of activities that are prohibited in the context of using the Bell Health Application. You are prohibited to:
- Circumvent, disable, or otherwise manipulate any of the Bell Health Application's security features or any features preventing or restricting the use or copying of the content that is available via the Bell Health Application,
- Create multiple User Accounts on the Bell Health Application (however, as far as the Bell Health Application functionality allows it, you may link your social networks or other accounts supported by us with the User account on the Bell Health Application),
- Provide false or misleading information in the User Account details,
- Allow anyone else to use the Bell Health App on your behalf or in your place,
- Use the Bell Health App if we have temporarily suspended your right of use, or forbidden you to continue using it,
- Send junk mail, Chat, spam or repeated messages,
- Act in any unlawful or illegal manner,
- Modify, interfere with, hack or disrupt the Bell Health Application, or to intercept messages,
- Misuse the Bell Health Application or to infiltrate it with viruses, trojans, worms, logic bombs or anything else that might harm the Bell Health Application or any other user of the Bell Health Application equipment,
- Extract data from the Bell Health App except as permitted under these Terms and Conditions,
- Post or contribute any abusive, threatening, obscene, misleading, untruthful, offensive or abusive content, or content that contains any form of nudity or violence, and
- Enter information or comments about any third-party without the consent of the third-party concerned.
7.3. The non-compliance with the Regulations listed in paragraph 7.2 represents a material breach of these Terms and Conditions, and may result in, at our sole discretion, initiating the following measures - either individually or in combination:
- The immediate, temporary suspension or permanent withdrawal of the right to access the Bell Health Application,
- A warning being sent to you,
- Initiation of legal proceedings against you, including a claim for reimbursement of any costs and expenses incurred due to the breach of agreement (including reasonable administrative costs and legal fees), and moreover
- Disclosure of information to the law enforcement authorities, if and to the extent permitted by law and deemed by us to be necessary.
7.4. The reaction to a breach of agreement committed by you is not limited to the actions described in the preceding paragraph 7.3, i.e. we are entitled to take any further action in accordance with these Terms and Conditions and/or statutory law.
8. Termination
8.1. In the event that you feel that you can no longer agree to the present Terms and Conditions or the Privacy Policy, at any time, you agree to stop using the Bell Health Application immediately.
8.2. You are entitled to stop using the Bell Health Application at any time, including if you do not agree with the changes to the Bell Health Application or these Terms and Conditions we proposed. Please follow the instructions on the Bell Health Application to deactivate your User Account. If you access the Bell Health Application via the Bell Health App, you can delete your User Account via the settings menu.
8.3. If we choose to terminate your account with us we will provide you with one weeks' notice.
8.4 Either party's right to terminate the agreement for cause remains unaffected. Cause that entitles us to terminate the agreement may be, in particular but not exclusively, your violation of the material contractual provisions (in particular paragraph 7.2) and if, due to external circumstances, it can be assumed that you are making improper use of our services. If good reason exists, we are furthermore authorized to block your access to the Bell Health Application, without any notice, and provided that no other less severe measure is effective.
8.5. If you or we deactivate your User Account as described in this paragraph or withdraw your right to access the Bell Health Application, we will freeze any Personal Data stored about you in accordance with our Privacy Policy (and as stipulated in the applicable statutory provisions), provided that our rights to use such data in anonymized form pursuant to section 3.2 remains unaffected. You also lose the right previously granted to you to access the Bell Health Application.
9. Our service
9.1. Any information on current health stated by you that is made available to you in text form via the Bell Health Application is for information purposes only. The information is made available by Bell Health as is, without warranty, guarantee or representation of any kind.
9.2. You should not take any action based on the information provided in the Bell Health Application without consulting a doctor or other medical professional first.
9.3. Due to the nature of the internet and the given technology, we are unable to promise that you will be able to use the Bell Health Application at all times without any interruption and without delay or faults, and that the Bell Health Application will at all times meet your expectations. We can therefore assume no obligation with respect to the performance or availability of the Bell Health Application in these present Terms and Conditions. We expressly exclude any strict liability that may be applied by enforcement of law due to defects of the Bell Health Application existing at the time the agreement on the use of the Bell Health Application between you and us was concluded.
9.4. Should you incur any damage through the use of the Bell Health Application, we may not be held liable for intent and gross negligence. We may not be held liable for violation by simple negligence of any obligations.
10. Third-party services
10.1. If, and to the extent that, our Bell Health Application contains links to other websites or resources operated by third parties, these links are to be deemed as being provided for your information only.
10.2. We are unable to influence the content of such websites or resources provided by third parties, and we may not be held liable for the content of information or websites linked included in frames. We may not be held liable for any financial or physical damages that you may incur as a result of, or in connection with, the use of such websites or resources.
10.3. You understand that the availability of the Bell Health App is dependent on the third-party where you downloaded the Bell Health App (the App Store). You are aware that these Terms and Conditions apply to the contractual relationship between you and Bell Health, not to your contractual relationship with the App Store.
11. Bell Health Application updates
11.1. We are constantly updating and improving the Bell Health Application. We constantly strive to provide you with innovative new services and features. We also make improvements and updates in order to stay abreast of changing technologies, behaviors and the way in which people use the application.
11.2. We reserve the right to change a specific aspect of a specific feature by updating the Bell Health Application, resetting that feature and suspending the service or support for that feature. These changes may affect your activities on the Bell Health Application. Changes may include the removal, modification or reset of the features you use. We will inform you of the changes and your rights in the case of changes by separate notification, to the extent you have signed up for such notifications (see paragraph 12.3.).
11.3. Updates may be released from time to time by us or via the App Store where you downloaded the Bell Health App. From time to time, to be able to use the Bell Health Application, it may be necessary for you to update third-party software.
12. Changes to these Terms and Conditions
12.1. We have the right to amend, adapt or supplement the present Terms and Conditions from time to time. The current version of the Terms and Conditions can be found on our Website: https://bellhealth.in
12.2. Any changes to these Terms and Conditions will usually be the result of new features being added to the Bell Health Application, or of changes in the legislation or applicable Regulations.
12.3. We will contact you to notify you of any changes or additions to these Terms and Conditions and the documents referred to in these Terms and Conditions at least 30 calendar days before any changes or additions to these Terms and Conditions take effect. If, in the event of your objection to the amendment within the agreed timeframe, it is legally, economically or technically unreasonable for us to continue the provision of the Bell Health Application, we are entitled to terminate the agreement no earlier than the effective date of the amendment set forth in the notification. Any other right of termination remains unaffected.
13. Documents governing the contractual relationship between you and us
The current version of the Terms and Conditions includes all provisions governing the contractual relationship between you and us. Older versions of the Terms and Conditions no longer apply to our contractual relationship and are entirely replaced by the current version.
14. Applicable legislation and jurisdiction
14.1. Our headquarters is located in United States. The agreement concluded on the basis of these Terms and Conditions is subject to the laws of the Federal Laws of United States. The courts of United States have the exclusive jurisdiction to settle any disputes arising in connection with, or as a result of, your use of the Bell Health Application.
15. Miscellaneous
15.1. You consent to us communicating with you by electronic means (such as by email or other form of text as defined).
15.2. We may send you notices electronically to the email address you provided at the time you signed up for the Bell Health Application, or via other electronic means on the Bell Health Application when available.
15.3. The failure to enforce our rights must not be construed as a waiver of such rights.
15.4. Should any provision in these Terms and Conditions be or become void or unenforceable, the effectiveness of the remaining provisions will remain unaffected.
16. Contact
If you would like to contact us in regard to the present Terms and Conditions or any other document mentioned in them, please email us at legal@bellhealth.in
