Therapeople Medical Services Private Limited, a private limited company having its registered office at C-393, Defence Colony, New Delhi - 110024 ("AMBER") owns and operates the "AMBER Application".
"AMBER Application" means a software application created and developed by AMBER that is designed to operate on a mobile device or a web-login interface, which enables you to avail any Services provided by the Service Provider or access any content, functionality or feature made available by AMBER.
"Service Provider" means any third party registered with AMBER for providing Services and may include ambulance operators, hospitals, healthcare providers, pharmacies, clinics, insurance companies, TPA’s (as licensed by Insurance Regulatory and Development Authority of India) or such other third parties as may be registered with AMBER for providing Services, from time to time.
"Service" or "Services" means any service provided by the Service Provider including ambulance or healthcare services, which is made available through the AMBER Application.
"Unregistered Facility" means a third party other than a Service Provider who can be discovered and contacted through the AMBER Application.
2.1 AMBER Application enables you to locate and connect with nearby Service Providers to avail Services at the time of a medical emergency and at all other times (including for cold transportation requests made by you). The AMBER Application is downloadable on your devices (that run on Android and iOS operating systems) and requires an active data (internet) connection and a GPS chip built into the device to function. The GPS location services should be turned-on in the system settings so that the location tracking may be used by the Service Providers to provide Services to you at the right place in a timely manner. The AMBER Application and some of its functionalities may also be accessed through the web-login interface made available to you by AMBER. However, such weblog-in interface cannot be used to access location based functionalities of AMBER Application.
2.2 You agree, understand and acknowledge that AMBER is only a facilitator that helps you contact the nearest Service Provider who can provide Services to you and cannot be a party to any contract, whether express or implied, for provision of Services (including timely arrival of an ambulance or provision of medical treatment) between you and the Service Provider. AMBER will not charge you for any Service listed on the AMBER Application and rendered to you by the Service Provider. However, a certain fee for such Service (including for cold transportation) will be payable by you to the Service Provider as per your independent bilateral arrangement with the Service Provider and in accordance with their prevailing rates/charges.
2.3 You further acknowledge that the AMBER Application is only one of the modes of communication to contact the Service Provider and/or an Unregistered Facility. You may, in your sole discretion, independently contact any Service Provider or an Unregistered Facility or the national emergency helplines including Police (100), CATS (102), GVK EMRI (108) or initiate a request for an ambulance with the Service Provider or an Unregistered Facility through telephone or any other modes/channels of communication at any time.
3.1 Your Account: If you use the AMBER Application, you are responsible for maintaining the confidentiality of your account and password to prevent unauthorized access to your account. You agree to accept responsibility for all activities that occur under your account or password including use/access of your account by your authorized persons including your proxy or emergency contact. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner.
3.2 Registration: Upon your use of or access to the AMBER Application, you will be required to complete the 'registration process' that may involve submission of details relating to your medical history, current and past medical conditions and/or any relevant information through the AMBER Application that may be useful to the Service Provider for providing Services to you. These details may include your residence address, emergency contacts’ information (persons who you would like to inform/intimate at the time of a medical emergency), contact information of your doctors, age, weight, height, diseases, allergies, medications currently being taken, pre-existing conditions, etc.
3.3 Upload Medical records: The AMBER Application will also provide you a storage facility to upload scans of certain important medical documents/records that you may wish to store through the AMBER Application on AMBER's servers. You will be allotted a limited space of 1 (one) GB to store these scans and medical records free of charge. Your use of storage space beyond the free space level prescribed above may be charged by AMBER in accordance with its prevalent policies and as communicated to you from time to time. Further, the terms governing your use or access to this storage space may be changed by AMBER, in its sole discretion, from time to time and without any prior notice to you.
3.4 The AMBER Application allows you to update your medical records at any point of time to ensure that only the most updated and relevant information/documents are stored with AMBER and accessed by Service Providers. Accordingly, please ensure that the information you enter or share through the AMBER Application is factually accurate and up-to-date and the medical records / documents submitted through the AMBER Application have good image quality / resolution and are legible. AMBER disclaims any liability or responsibility arising out of any inaccuracy in such information/records or bad image quality / resolution of such records available on the AMBER Application or Service Provider's reliance on the same.
3.5 Service Provider Listings: The AMBER Application will show you the listings of the nearby Service Providers who are located within the radius of 50 km and are registered with AMBER for listing their Services on the AMBER Application. You will be given an option to contact the Service Provider of your choice from a list of the nearby Service Providers (including those which have been designated as "favorites" by you), which will be catalogued according to their distance.
3.6 As soon as you choose a particular Service Provider and such Service Provider consents to act upon the request for Service received from you through the AMBER Application, the information shared by you through the AMBER Application will be transmitted instantaneously to the Service Provider. This may include information relating to your location, IMEI/device IDs, phone numbers and other information which may prove to be useful in the event of an emergency where the Service Provider is trying to contact and/or locate you so that Service can be provided to you as soon as possible.
3.7 The Service Provider chosen by you through the AMBER Application may, in its sole discretion, transport you to its own or affiliated establishment/hospital or medical facility and not to the medical facility/establishment of any Unregistered Facility (even if such Unregistered Facility is nearby or closest to your pick-up location). You acknowledge and undertake that not all Service Providers may be equipped to handle the nature of Service requested by you and accordingly, you will use your best and prudent judgment before selecting the Service Provider and will avail their Service at your own risk and based on your requirements for Services.
3.8 The AMBER Application may also enable you to establish a line of communication with the Service Provider and/or Unregistered Facility or other helplines including Police (100), CATS (102), GVK EMRI (108), through your devices.
3.9 Listings of Unregistered Facilities: The AMBER Application will also display listings of nearby Unregistered Facilities that are not registered with AMBER, based on information extracted from Google Maps, for you to reach such Unregistered Facility by using navigation functionality (GPS location services) made available through the AMBER Application or through means other than those provided through the AMBER Application.
4.1 Pill Reminder: The AMBER Application will also provide you access to the Pill Reminder. Some of the features of the Pill Reminder functionality are as follows:
You may record the medications that you are currently taking in the AMBER Application.
You may enter the following information in respect of such medications as prescribed by your medical practitioner: name of each pill, time(s) and day(s) each pill is to be taken, the dosage of the pill and any special instructions that must be taken care of.
The Pill Reminder will send you a push-notification at a specific time to remind you to take the medication.
The AMBER Application may request for upgrades and updates to provide additional features that may be beneficial to you.
You should not rely on the AMBER Application to take your prescriptions/medications. We will not be responsible for any adverse reactions, side effects, injuries, loss or death caused on account of your dosage/medication, whether prescribed by a medical practitioner or otherwise, or your reliance on the Pill Reminder functionality provided to you by AMBER. This functionality should not be considered as a substitute/replacement for consultation with a medical practitioner.
4.2 Pulse BP, Sugar Log: AMBER Application allows you to manually feed your pulse and blood pressure (systolic and diastolic). This data submitted by you may be shared with the Service Providers at the time of emergency and may also be exported by you from the AMBER Application through an email.
4.3 Pre-booking for Ambulance Service: AMBER Application allows you to pre-book ambulances for cold transportation (non-emergency patient transportation). You may select the type of ambulance (i.e. Advanced life support (ALS), Basic life support (BLS) or patient transport vehicle) and the type of Service Provider at the time of booking such ambulance.
5.1 ER Contacts: You may nominate one or more persons as your emergency contact(s) who will receive regular notifications by means of a SMS, email or push notification as and when you trigger a request to avail Services through the AMBER Application.
5.2 Proxies: In case of an emergency (for instance, an accident), you may act as a proxy for any third party including your relatives or dependents and trigger the request for Service from a Service Provider on their behalf through the AMBER Application.
6.1 AMBER grants you a limited license to access and make personal use of the AMBER Application and not to download (other than page caching) or modify the AMBER Application, without the written consent of AMBER. This license does not include any resale or commercial use of AMBER Application and/or its content; any derivative use of this AMBER Application or its content; or any use of data mining, robots, or similar data gathering and extraction tools. This AMBER Application (including any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, or otherwise exploited for any commercial purpose without express written consent of AMBER. You will not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of AMBER without its written consent. You will not use any meta-tags or any other 'hidden text' utilizing AMBER's name or trademarks without its written consent. Any unauthorized use of the AMBER Application terminates the permission or revokes the license granted by AMBER herein.
7.1 You must not use the AMBER Application for fraudulent purposes (including misuse of AMBER Application in non-emergency situations, such as for playing pranks), or in connection with a criminal offense or other unlawful activity to send, use or reuse any material that does not belong to you or that you are not authorized to send; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any spam to cause annoyance, inconvenience or needless anxiety (such material is collectively referred to as "Objectionable Content").
7.2 In the event your use of the AMBER Application is in contravention of Section 7.1 above, we may in our sole discretion and without any notice to you, suspend or terminate your access to or use of the AMBER Application.
8.1 The AMBER Application or any information or content or listings published thereon are provided "AS IS" without representations or warranties of any kind, whether express or implied. All implied warranties, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, and non-infringement, are hereby expressly disclaimed. AMBER reserves the right to withdraw or delete any information from the AMBER Application at any time in its sole discretion without any notice to you.
8.2 AMBER does not guarantee or make any representations with respect to the correctness, completeness or accuracy of the information or details listed/provided by the Service Providers or any third party (including Unregistered Facility) through the AMBER Application. While AMBER has taken precautions to avoid inaccuracies in the content, this AMBER Application, all content, information, software, Services and related graphics are provided "AS IS", without warranty of any kind.
8.3 AMBER does not guarantee uninterrupted or continued access to the AMBER Application. You need to ensure that high speed internet / data connection and GPS (location) services are enabled on your device from which the AMBER Application is intended to be used or accessed. Your access to the AMBER Application may also be suspended, or restricted due to technological / software glitches or bugs or security breaches or maintenance, or the introduction of new facilities or services or on account of interruptions of any nature whatsoever, at any time without prior notice to you. In such an event, you may, in your sole discretion, independently contact the Service Provider or the Unregistered Facility or the national emergency helpline / police helpline or initiate a request for an ambulance with such Service Provider or Unregistered Facility through telephone or any other modes/channels of communication at any time.
8.4 AMBER will strive to meet the highest technical standards and shall not be liable in the event of any loss of your data/information available through the AMBER Application, injury, loss or death to any user for any reason whatsoever, in connection with your use of the AMBER Application (or any of its functionalities including the Pill Reminder).
9.1 AMBER, its officers, directors, shareholders, employees or agents shall not be responsible or liable for any direct, indirect, incidental, special, punitive, or consequential loss or damages, claims or any other liability (including monetary losses, loss of data, personal injury, property damage or loss of life) arising out of your use of or inaccessibility of the AMBER Application (as contemplated in Section 8 above) or your reliance on the Services, listing information or content provided by the Service Provider through the AMBER Application or on account of any malpractice, negligence or misconduct of the Service Provider (including an Unregistered Facility), or as a result of any acts or omissions, any breach of conditions, representations or warranties by the Service Providers (including Unregistered Facilities) and hereby expressly disclaims any and all responsibility and liability in that regard. AMBER will not mediate or resolve any disputes or differences between you and the Service Provider.
14.1 Please review our Privacy Notice, which also governs your access or use of the AMBER Application.
15.1 You agree and acknowledge that AMBER may communicate with you by e-mail, SMS, push notifications, telephone or by posting notices on the AMBER Application or through any other mode of communication. You agree that all terms/agreements, notices, disclosures and other communications that AMBER provides to you will electronically satisfy any legal requirement that such communications be in writing.
15.2 For contractual purposes, you agree and consent to receive communications from us (as set out in this Section) with respect to the AMBER Application including information regarding your account or updates/changes to the AMBER Application, and/or any functionalities / features available on the AMBER Application or any information which AMBER or third party service providers so authorized by AMBER as per the Privacy Notice communicates to you from time to time (including lifestyle, disease or health related notifications). In the event you do not wish to receive any lifestyle, disease or health related notifications from us or our third party service providers please adjust your customer communication preference.
16.1 The AMBER Application should be accessed only by persons who can form a legally binding contract under the Indian Contract Act, 1872. If you are a minor i.e. under the age of 18 years, you may use the AMBER Application only with the involvement of a parent or guardian.
17.2 You agree and acknowledge that it is your sole responsibility to review, determine the applicability and comply with the Google Terms of Service, as may be revised from time to time. AMBER will not be responsible for any liability or loss/damage caused or suffered by you on account of your reliance on the mapping/navigation service made available by Google Maps through the AMBER Application.
18.1 In the event you have any queries or would like to address your grievances to AMBER in connection with your use of the AMBER Application or the Services provided through the AMBER Application or if you believe that the AMBER Application contains any Objectionable Content (as defined in Section 7.1 above), please feel free to contact the grievance officer at: firstname.lastname@example.org