Terms and Conditions

SERVICES

Treux provides secure and safe storage of personal health records enabling its Users and their families to add, view, access, maintain and manage their medical records and information including prescriptions, hospital discharge summaries, health care provider’s clinical notes, vaccination records, pathology lab reports and any other relevant medical records through the Treux Portal. The use of the Treux Portal entitles you to avail these services and such other services as may be made available by Treux from time to time, ("Services") which is conditioned upon your acceptance of these Terms and Conditions.

Users must use the Treux Portal only in accordance with these Terms and Conditions. In order to be able to use the Services, you must first complete the registration and log in process on the Treux Portal. You may be able to carry out the following activities using the Treux Portal subject to your timely payment of any fees that may be applicable to such Services:

• Addition of other family member profiles linked to the User Account;
• Uploading the medical records of self /family members. Users may not upload documents other than the ones allowed by the Treux Portal.
• Viewing the medical records previously uploaded by the User;
• Providing feedback to Treux’s customer care personnel;
• Opting to receive updates regarding Treux’s Services via email, in-App notification, text messages or any other chosen mode of communication subject to provision of valid contact information to Treux;
• Accessing Treux's educational and explainer tools including videos, documents periodically updated which may introduce Treux's latest Services, tips and guidance on how Users can maximize their experience of the Services and how Users may make use of the App, the Website, and other related information;
• Except where otherwise permitted by the Treux Portal, the ownership of the User Account and Services provided to the User thereunder are non-transferable and only the person on whose name the User Account has been created, including any family members registered as additional profiles can avail of such Services. Each User warrants to keep the log-in credentials to the User Account provided during the registration process confidential and secure.

  While Truex may provide recommendations to enable you to provide the necessary Information, you acknowledge and agree that the accuracy, integrity and the completeness of the Information provided in the Treux Portal is your sole responsibility, and you agree that it is beyond Treux’s reasonable control.

ELIGIBILITY

By using the Treux Portal and/or the Services, you represent and warrant that you have the requisite right, authority, and capacity to enter into and abide by the Terms and Conditions. You agree that you are above 18 years of age. If you create/access profiles for a child under the age of 18, you warrant that you are the parent or legal guardian of said child with the authority to manage its medical records. We may request you to furnish evidence of relationship as required by prevailing law(s).If we learn we have collected or received personal information of a child under the age of 18 without verification of parental or guardian consent, we will delete such User Account and all related Information. If you believe we might have any information from or about a child under 18, please contact us at [email protected]

You understand and state that you have all necessary rights, authorization, permission and capacity as per the prevailing Indian laws to possess, view, and share Information that has been uploaded on the App. You, understand and acknowledge that you are solely responsible for the accuracy, integrity and completeness of your Information and to fully abide by all of the Terms And Conditions. You warrant that: a where acting on your own behalf, that you are not impersonating any other person and are using your actual identity and; b where acting on another person’s behalf, you are duly authorized to do so.

Membership or use of the Treux Portal and Services is void where prohibited by applicable law, and the right to access the Treux Portal and Services will be deemed to be revoked in such jurisdictions ab initio.

REGISTRATION, AND SERVICE DETAILS

A User must complete the registration process by providing the required Information set out in our Privacy Policy in order to avail the features provided on the Treux Portal. By creating a User Account, you agree to:

• receive certain communications in connection with the Treux Portal or Services;
• Treceive Service related notifications in such form as they may be sent from time to time.
• Such other terms as may be required to provide services hereunder, or as may be set out in other Treux policies.

Treux reserves the right to charge subscription and/or membership fees from a User(s), in respect of any Product or Services it provides.

User acknowledges and agrees that Services may be subject to certain limitations, including but not limited to, limits on disk storage space.

Treux reserves the right to deactivate/delete the User account in case of any foul, abusive, inappropriate language used in the any functionality including reviews, comments, interaction with Treux's stakeholders or if Treux becomes aware of any unlawful use of the Treux Portal or Services, including use of the Treux Portal or Services contrary to the prescribed use-cases.

Treux reserves the right, in its sole and absolute discretion, to determine whether any content uploaded by a User on the Treux Portal is appropriate; and to remove any User content, without notice or liability to you, which it determines to be inappropriate. Without limiting the generality of the foregoing, the following is a partial list of the types of User content that Treux deems to be inappropriate:

• Content belonging to another person and to which a User does not have any right, authorization, or permission to upload;
• Content that infringes intellectual property of any party;
• Content that contains nudity, violence, or offensive subject matter or contains a link to an adult website;
• Content that includes racially, ethically, or otherwise objectionable language;
• Content that is libellous, defamatory, or otherwise tortious language;
• Content that contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines or executable files that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information of any person whatsoever;
• Content that involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes.

You agree that the Treux Portal may have links to third party websites, affiliates and business partners and that we have no control over, and shall not be liable or responsible for content, accuracy, validity, reliability, quality of such websites made available by or through the Treux Portal. Inclusion of any third-party link on the Treux Portal does not imply that we endorse such third party website. You use or access of such third party links and websites shall be subject to the policies of such third party websites.

The Treux Portal, and the application store that makes the Apps available for download on your device may include functionality to automatically check for updates or upgrades to the App. Unless your device, its settings, or computer software does not permit transmission or use of upgrades or updates, you agree that we, or the applicable software or software application store, may provide notice to you of the availability of such upgrades or updates and automatically push such upgrade or update to your device or computer from time-to-time. You may be required to install certain upgrades or updates to the software in order to continue to access or use the App or Services, or portions thereof (including upgrades or updates designed to correct issues or bugs with the Services). Any updates or upgrades provided to you by us shall be considered part of the Services.

BETA SERVICES

We may, from time to time, offer access to Products and Services that are classified as beta versions – which are still under testing and not generally available. We make no representations that a beta version will ever be made generally available and reserve our right to discontinue or modify a beta version at any time without notice, at our sole discretion. Beta versions are provided AS IS, may contain bugs, errors, or other defects, and your use of a beta version is at your sole risk.

USER RESTRICTIONS

You hereby agree not to use the Treux Portal for any purpose that is unlawful under any applicable laws and/or in violation of these Terms and Conditions and our Privacy Policy. You shall not use the APP in any manner that could damage, disable, overburden, or impair our server, or any network(s) connected to our server. You shall not attempt to gain unauthorised access to any functions and features, other User Accounts, computer systems or networks connected to our server, in any manner, including but without limitation, through hacking or crashing, means of submitting a virus to Website, overloading, flooding, spamming, mail bombing, device theft or any other unlawful means. You shall not obtain or attempt to obtain any materials or information through any means which is not intentionally made available through the Treux Portal. You shall not obtain or attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization. You must not attempt to forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. We shall not be liable in any manner whatsoever for default of any nature by you.

In addition to the above, Users shall not use the Treux Portal or Services to:

• Attempt to copy, modify, adapt, translate, or reverse engineer any portion of the Treux Portal or Services;
• Make or distribute copies of, or create derivative works of the Treux Portal or Services;
• Reformat or frame any portion of the web pages that are part of the Treux Portal or Service;
• Remove any intellectual property right markers, copyright, trademark or other proprietary right notices contained in or on the Treux Portal and Service;
• Create User Accounts by automated means or under false or fraudulent pretences;
• Create or transmit unwanted electronic communications such as “spam” to other Users of the Treux Portal and/or Service or otherwise interfere with other User’s access to the Treux Portal and/or Service
• Use any crawler, robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Treux Portal and/or Service or for crawling the Treux Portal and scraping content or to circumvent the technological methods adopted by the Treux Portal to prevent such prohibited use (NOTE: crawling the Services is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the Services without the prior consent of Treux is expressly prohibited);
• Submit any content or material that falsely express or imply that such content or material is sponsored or endorsed by us;
• Copy or store any content offered on the Treux Portal for any purpose other than your own use;
• Transmit any viruses, worms, defects, trojan horses or other items of a destructive nature;
• Make use of the Treux Portal or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene;
• Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure.

You accept that any and all operations emanating from your device(s) shall be assumed to have been initiated by you, and you shall be solely responsible for all such activities.

You shall request us to disable your account if the device you use to sign in to your User Account has been lost or stolen. You agree to notify us immediately in the event of an unauthorised use of your User Account or any other form of security breach. We shall not be liable for any loss to you or your family owing to negligent actions or a failure on your part to inform us, within a reasonable time, about loss or theft of your device and/or any unauthorised access in your User Account, either with or without your knowledge. Further, you shall not use any other person’s account at any time, without an express prior written permission of the concerned account holder and us.

You shall be liable for losses incurred by TREUX or any other party due to a third party’s use of your User Account.

FEES & PAYMENT PROCESSING

You agree to pay the purchase price or subscription fees to avail the Products and Services as listed on the Treux Portal. Any payment-related terms and conditions presented to you in the process of billing shall also be applicable to you.

You shall pay us any fees owed to us, either directly or through third-party payment processors, in line with the fees and other charges at the prices then in effect and in accordance with the applicable payment terms and you authorize us (including our authorised third-party payment processor), to charge your chosen payment provider ("Payment Method").

The processing of payments by a third-party payment processor will also be subject to the terms, conditions, and privacy policies of such payment processors. We are not responsible for errors by the payment processor.

All purchases are non-transferable, non-refundable, and non-cancellable.

The subscription for any subscription-based Services we provide will automatically be extended for such monthly renewal periods at the then applicable rates. If you terminate your subscription, you may use your subscription until the end of your then-current term, and your subscription will not be renewed after your then-current term expires. However, you won’t be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. If you do not want to continue to be charged on a recurring basis, you must cancel or terminate your subscription before the end of the recurring term. Subscriptions cannot be terminated before the end of the period for which you have already paid, and we will not refund any amounts that you have already paid. Your non-termination or continued use of your subscription reaffirms that we are authorized to charge your Payment Method for that subscription. We may submit those charges for payment, and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance or as otherwise described when you initially selected to purchase the subscription.

Treux may provide additional storage space for your medical records at a fee, as may be applicable from time to time. If you choose to discontinue your subscription for extra storage, we will allow you to access, retrieve, and download your Information for a period of sixty (60) days thereafter following which, except to the extent required under applicable laws, Treux holds the right to delete such Information (starting with the most recently uploaded files). You may not be able to upload any additional Information once you discontinue your subscription for additional storage space.

At any time for any reason, we may provide a refund, discount, or other consideration ("Credits") to some or all of our Users. The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future.

INTELLECTUAL PROPERTY RIGHTS & OWNERSHIP

Any material, content or logos, marks, software on or part of the Treux Portal and all aspects thereof, including all copyrights, trademarks, and other intellectual property or proprietary rights therein, are owned by Treux or its licensors. You acknowledge that the Treux Portal and any underlying technology or software used in connection with rendering the Services are proprietary information owned or duly licensed to Treux except where it is indicated otherwise. You are prohibited to modify, reproduce, distribute, create derivative works of, publicly display or in any way exploit, any of the content, software, marks, logos, and/or materials available on the Treux Portal in whole or in part except as expressly allowed under this Terms and Conditions. You have no other express or implied rights to use, in any manner whatsoever, the content, software, marks, logos, and/or materials available on the Treux Portal except to the extent specifically permitted under this Terms and Conditions and required by you to exercise your rights under these Terms and Conditions.

You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to Treux without obtaining our prior written consent.

If we become aware that any User, or other person or entity has infringed our intellectual property rights, we will take reasonable steps within our power to remedy such infringement including terminating such User’s access to the Treux Portal and Services, sending an infringement notice and removing and discontinuing provision of our Services to infringers. The infringement notice sent by Treux is without prejudice to its rights to proceed against the infringer by filing a lawsuit in the appropriate court of law.

Without limiting the foregoing, if you believe that your work has been copied and posted on the Treux Portal in a way that constitutes copyright infringement, please provide us with relevant documentary and other evidence and we will be happy to take corrective action accordingly. For this purpose, you may also write to us at [email protected].

TERM AND TERMINATION

These Terms and Conditions, with modifications as contemplated, shall remain in full force and effect during your use of the Treux Portal and our Services:

We may terminate these Terms and Conditions with immediate effect, without prior notice and without assigning any reason/s whatsoever and without any prejudice to any and all other rights in the following events:

• Where the Account remains unused for a period of 2 years or more;
• If in the opinion of Treux, the User has breached any of the terms contained herein, or any applicable laws, rules or regulations;
• If, in the opinion of Treux or/and any regulatory authority, it is not in the public interest to continue providing the use or Service to the User for any reason.

DISCLAIMER OF WARRANTIES

User acknowledges and agrees that the Services are provided on "as is" and "as available" basis without warranty of any kind, express, implied, statutory or otherwise and that use of services shall be at sole risk of user. Treux expressly disclaims any and all implied or express warranties to the maximum extent permitted by applicable law in connection with the Services. No advice or information, whether oral or written, obtained by you from the Treux Portal or Services shall create any warranty not expressly stated in the Terms and Conditions.

You accept and acknowledge that Treux does not verify any content or information provided by or obtained from either the Users or third party service providers and links, and to fullest extent permitted by applicable law(s),disclaims all liability arising out of the other parties' use or reliance upon the App, the Services, data by Third Party Service Providers, representations and warranties made by the other parties on the Portal or any opinion or suggestion given or expressed by Treux or any Third Party Service Provider in relation to any Services provided by Treux.

Treux is not responsible for the conduct, whether online or offline, of any User of the Services. Treux assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, any User communication or any User content.

Under no circumstances shall Treux be responsible for any loss or damage, including personal injury or death, resulting from use of the Services, from any User content or other health content posted on or through the Services, or from the conduct of any Users of the Services or third party service provider, whether online or offline. Treux cannot guarantee and does not promise any specific results from use of the Services.

This APP is controlled and operated from India and Treux makes no representation that the content, information or materials made available herein are appropriate or will be available for use in other locations. Access and use of this App or the Treux Portal from outside India is entirely at your sole risk and you agree and undertake to be responsible for compliance with all applicable local laws and agree to release, discharge and absolve the Treux from any liability or loss in this respect.

Treux reserves the right to introduce and initiate new features, functionalities and components to the App and/or change, alter, modify, suspend, discontinue or remove the existing ones without any prior notice to you. Further, Treux is entitled to discontinue (either permanently or temporarily) one or more of the Services provided or terminate the App without any prior notice to you.

TREUX IS NOT A LICENSED HEALTH CARE PROVIDER, NOR SHOULD THE PRODUCTS AND/OR SERVICES OR ANY PART OF THEM, NOR ANY CONTENT, INCLUDING WITHOUT LIMITATION, TEXT, COPY, AUDIO, VIDEO, PHOTOGRAPHS, ILLUSTRATIONS, GRAPHICS, AND OTHER VISUALS, CONSTITUTE OR BE CONSIDERED A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, TREATMENT OR RECOMMENDATIONS OF ANY KIND. ALL PRODUCTS, SERVICES AND CONTENT ARE FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND THE SERVICES AND CONTENT SHOULD NOT BE USED DURING A MEDICAL EMERGENCY OR FOR THE DIAGNOSIS, TREATMENT, CURE, MITIGATION, OR PREVENTION OF ANY MEDICAL CONDITION. PLEASE ALWAYS CONSULT WITH A LICENSED PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDERS BEFORE MAKING ANY DECISIONS OR TAKING ANY ACTIONS THAT MAY AFFECT YOUR HEALTH VIA THE USE OF THE TREUX PORTAL, PRODUCTS AND OUR SERVICES. ALWAYS CONSULT WITH YOUR HEALTHCARE PROFESSIONAL IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT YOUR HEALTH OR HEALTH CONDITION OR EXPERIENCE ANY CHANGES IN YOUR HEALTH CONDITION OR HEALTH STATUS. YOU ASSUME FULL RESPONSIBILITY FOR YOUR DECISIONS AND ACTIONS BASED ON YOUR USE OF OUR PRODUCTS AND SERVICES.

WE MAKE NO REPRESENTATION OR WARRANTY ABOUT THE ACCURACY, COMPLETENESS, OR SUITABILITY FOR ANY PURPOSE OF THE APP, ANY OF THE PRODUCTS AND SERVICES, THE THIRD-PARTY DEVICE, OR ANY ADVICE OR INFORMATION PROVIDED AS PART OF OUR SERVICES.

INDEMNITY

You agree to indemnify, defend and hold harmless Treux, and its directors, officers, vendors, and employees from and against any losses, damages, fines, and expenses (including reasonable attorneys’ fees), due to or arising out of or relating to any claims (including third-party claims) in respect of:

• any material or information posted, provided, transmitted, or otherwise contributed by you on or via the Treux Portal;
• violation of any applicable law, or by your violation of the rights of another;
• your access to or use of our Products and/or Services, including information provided in connection therewith;
• your breach or alleged breach of the Terms and Conditions, the Privacy Policy, or any of Treux’s policies;
• any misrepresentation made by you;
• you permitting a third party to use your password or other means to access your User Account;

This indemnification obligation will survive these Terms and Conditions and your use of the Treux Portal and/or the Services.

LIMITATION OF LIABILITY

In no event shall TREUX be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including damages for loss of use, data or profits(whether incurred directly or indirectly), any loss of goodwill or business reputation, or any other intangible losses, even if you or any third party have been advised of the possibility of such damages, and whether arising out of tort, or contract or otherwise.

Notwithstanding anything to the contrary contained herein, Treux's liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Treux (in the form of commission as marketplace) for the services during the term of your use. The foregoing limitation of liability shall apply to the fullest extent permitted by applicable law. You specifically acknowledge that Treux shall not be liable for any defamatory, offensive, or illegal conduct by you and that the risk of harm or damage from the foregoing rests entirely with you.

DISPUTES AND GOVERNING LAW

In case of any dispute concerning or involving the Services, you agree that the dispute shall be governed by the laws of India and the Courts of Mumbai shall have exclusive jurisdiction to adjudicate all disputes

Notwithstanding anything to the contrary contained anywhere in these Terms and Conditions, you agree that monetary damages may not be an adequate remedy for the losses that may be sustained by Treux from a breach of the Terms and Conditions and accordingly, Treux shall be entitled to seek an injunction, restraining order, right for recovery, suit for specific performance or such other equitable relief as a court of competent jurisdiction may deem necessary or appropriate to restrain you from committing any violation of these Terms and Conditions.

FORCE MAJEURE

TREUX is not liable for failure to perform any of its obligations if such failure is caused by supervening conditions beyond Treux’s reasonable control, including without limitation acts of God, including fire, flood, earthquake, storm, hurricane or other natural disaster, war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labour dispute, strike, bandh, lockout or any interruption or any failure of electricity or server, system, computer, internet or telephone service labour disputes, internet service interruptions or slowdowns, vandalism or hacker attacks, or governmental demands or requirements.

SERVICE LEVELS

Every effort is made to keep the App up and running smoothly, and in accordance with all applicable laws, rules, standards and regulations. However, Treux takes no responsibility for, and will not be liable for, the App being temporarily unavailable due to technical issues beyond its reasonable control. Treux reserves the right to take the App offline for scheduled maintenance for which User(s) would be provided reasonable notice and Treux reserves the right to change its maintenance window upon prior notice to User(s).

Further, Treux may at its sole discretion and without assigning any reason whatsoever at any time deactivate or/and suspend the User's access to the App and/or the Services (as the case may be) without giving any prior notice, to carry out system maintenance or/and upgrading or/and testing or/and repairs or/and other related work.

We, in our sole discretion, at any time, with or without notice, and without any obligation or liability to you or any other party, may suspend, terminate, limit, change, modify, downgrade, and/or update the App or Services (in whole or in part), including without limitation, any feature, functionality, integration or component thereof.

Without prejudice to any other provisions of these Terms and Conditions, Treux shall not be liable to indemnify the User for any loss or/and damage or/and costs or/and expense that the User may suffer or incur, and no fees or/and charges payable by the User to Treux if any shall be deducted or refunded or rebated, as a result of such deactivation or/and suspension

WAIVER AND SEVERABILITY OF TERMS: The failure of Treux to exercise or enforce any right or provision of this Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of this Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Terms and Conditions remain in full force and effect.

ASSIGNMENT You may not assign your rights and obligations under these Terms and Conditions without the prior written consent of Treux. Treux may assign its rights and obligations to a third party upon issuing written notification via an announcement on the Treux Portal.

CONTACT US Please feel free to contact us in case of any queries, grievances or to report any abuse or violations of these Terms and Conditions, by emailing at [email protected].