Effective Date: 12 Aug, 2021
REM42 Technologies Private Limited (hereinafter referred to as “REM42”), a company incorporated under the provisions of the Companies Act, 2013, with its registered office at #577/B, 6th Sector, HSR Layout, Bangalore, Karnataka 560 068, is engaged in the business of providing personalized sleep improvement programs, for clients suffering from sleep related disorders (“Services”). Such personalized sleep related programs are formulated by REM42 with the help of personal information collected through our website – [https://rem42.ai/] (“Website”) and sleep related data collected via our mobile application (“App”).
1.1. In order to avail the Services, you would have to visit our Website or be required to download the App and sign up using your valid mobile number.
1.2. In case of using the App, pursuant to signing up, you shall be granted access to limited portions of the Services. Certain aspects of Services shall be granted only pursuant to payment of stipulated fees.
1.3. REM42 reserves the right to modify which aspects of the Services shall require payment of fees for grant of access to Users.
1.4. REM42 reserves the right to modify any fees, scope of the Services and/or suspend or discontinue the Services or any part thereof, at any time, at its sole discretion, and without liability of any manner whatsoever.
1.5. REM42 shall not be liable if, for any reason whatsoever our App, or our Website or the Services provided therein (or any features within the Services) are unavailable at any time or for any period. From time to time, we may, at our sole discretion, restrict access to the entirety of or some parts of our Website or App, to our Users.
1.7. REM42 reserves the right to refuse access to use the Services offered at the Website and/or App to new Users or to terminate subscription granted to existing Users at any time without according any reasons for doing so. Use of the account is not available to any User who is suspended or prohibited by REM42 from using the Website, App or Services for any reason whatsoever.
2.1. The fees applicable for availing certain paid Services shall be communicated by REM42 to the User at the time of signing up. User can verify the features of the Service, billing information and other details after which they will be directed to the payment gateway.
2.2. The fees shall include any and all applicable taxes, which shall be borne by you.
2.3. Upon receipt of payment, REM42 shall send you a confirmation of payment, process the order, and send the user the relevant invoice pertaining to the Service purchased. You must notify us of any change in any payment account information, by updating your account at the time of relevant purchase.
2.4. If periodic payment obligations apply to the User, REM42 shall be entitled to adjust any applicable fee and communicate the same to the User by way of the Website or App.
2.5. All payments shall be made by way of authorized third-party payment gateways. Users acknowledge that REM42 is not responsible for any payment information shared with authorized third-party gateway. You agree that REM42 is not liable for misuse of any such information shared and shall be held harmless against any claims regarding sharing of payment information to a third party.
3. Terms and Conditions.
3.1. REM42 does not endorse or influence control over any particular branch of medicine, theory, opinion, viewpoint or position on any topic.
3.2. Services provided by the Website or App are not intended to be used in emergency circumstances. If you believe there is a medical emergency, you must directly contact your local emergency number/hospital/doctor.
3.3. REM42, or its representatives may, at their sole discretion and professional judgment, determine that the Services are not appropriate for some or all of your treatment needs and accordingly, may elect not to provide our Services to you through the Website or App.
3.4. Persons below the age of 18 (eighteen) years shall use the Service only under strict guidance and supervision of their parents/guardians.
3.5. Once the signing up process for the App is completed, you will upload and update your sleep related information periodically on the App, as may be prescribed by your doctor/sleep coach (“Sleep Data”) in order to offer best possible sleep improvement solutions.
3.7. You are responsible for making all arrangements necessary for you to have access to our Website and App, upload Sleep Data and thereby use the Services. You are also responsible for ensuring that any persons who access our Website or App and thereby the Services through your account are made aware of these terms, and that they comply with them. You are also solely responsible and liable to REM42 for all activities that take place or occur under your account. You agree that your ability to log into your account and access the Services is dependent upon external factors such as internet service providers and internet network connectivity and we shall not be liable to you for any damages arising from your inability to log into your account due to such factors.
3.8. As part of your signing up process as well as in the course of providing the Service to you, you may receive phone calls, SMS or email or WhatsApp messages from REM42 its representatives on your registered mobile number and/or email address. These messages will relate to the Services. You hereby consent to receive such calls or messages from REM42 and its representatives. Such calls or messages shall only be made to the registered mobile number or email address or WhatsApp number. It is your responsibility to ensure that you provide the correct number and email address for the Services you wish to avail.
3.9. REM42, pursuant to payment of stipulated fees and booking of appointment, the consultation shall be by means of video communication with our doctors/authorized sleep coaches. Subject to your explicit permission to the use of video communication, REM42 provides the requisite technology to facilitate consultation in this manner. Further, REM42 shall in no event be responsible for any advice provided as a result of the Services.
3.11. You hereby permit REM42 to record, save and store all tele-consultations / instant messaging chat consultations / text messages / audios / videos / transcripts / prescriptions / email and hard copy correspondences between you and REM42, doctors/authorized sleep coaches or representatives for record purposes and produce these as evidence if required before or directed by a court of law.
3.12. You can cancel a booked appointment upto 24 (twenty-four) hours prior to such appointment. REM42 will provide an acknowledgement of the cancellation at the time of the cancellation and will refund the complete amount of the booking within 5 (five) to 8 (eight) days of the cancellation. For any cancellation within 24 (twenty-four) hours of the appointment, no refund will be applicable, unless such cancellation is due to non-availability of the doctor/authorized sleep coach for consultation from REM42.
3.13. You are not permitted to and shall not do any of the following acts, each of which shall entitle REM42 to terminate your Subscription and use of the Services, without prejudice to any other rights or remedies we may have against you:
3.13.1. Attempt to decompile, reverse engineer or otherwise disassemble any Service or part of the Website or App;
3.13.2. Attempt to copy any software provided to you as part of the Services, Website or the App, and in particular its source code, or attempt to decrypt any part of such software that is provided to you;
3.13.3. Create any derivative work or version of any software provided by us in relation to or to facilitate your use of the Services or any content provided as part of the Services;
3.13.4. Remove from the Services, any logo, copyright or proprietary notices, legends, symbols, labels, watermarks, signatures or any other like marks affixed to or embedded in the Services;
3.13.5. Access or use the Website or the App in any manner that could damage, disable, overburden, or impair any of the Website or App’s servers or the networks connected to any of the servers on which the App is hosted, or the cloud software on which the Website or App’s data is stored;
3.13.6. Access or attempt to access any content that you are not authorized to access by any means;
3.13.7. Access the Website or App through any other means other than through the interface that is provided by us;
3.13.8. Alter or modify or attempt to alter or modify any part of the Services; and
3.13.9. Disrupt or interfere with the security of, or otherwise cause harm to the Website or App, materials, system resources or gain unauthorized access to the User ID accounts, passwords, servers or networks connected to or accessible through the App or any affiliated linked sites.
4. Representations and Warranties.
4.1. You hereby represent, warrant and covenant that:
4.1.2. shall observe and adhere to prevalent moral standards and ethics while availing of the Services; and
4.1.3. you shall not assign any part of the Services to any third parties.
5. Indemnity and Limitation of Liability.
5.2. In no event shall REM42 be held responsible, for breach of any services rendered by others to you, including but not limited to any advice provided by a doctor/sleep coach as a part of the Services.
5.4. Our liability to you shall under all circumstances be limited to a maximum of the amount paid by you (if any) on our Website or App to use the Services.
6.1. The Services are provided by REM42 on an “as is” basis, without any representations or warranties of any kind, express or implied, including without limitation the warranties of the merchantability, fitness for a particular purpose, reliability, availability, timeliness, security or accuracy of the data, for any purpose whatsoever. No oral or written information or advice given by either REM42 or its doctors/authorized sleep coaches or representatives shall create a warranty nor in any way increase the scope of this warranty.
6.2. REM42 assumes no liability whatsoever for any treatment or advice rendered on the basis of any inaccurate or incomplete Sleep Data that you upload on the App or otherwise provide to us or our doctors/sleep coaches.
6.3. REM42 shall not be responsible for any damage, whether physical, emotional, psychological or financial, caused to you due to any improper/unintended use of the App, which includes but is not limited to the misinterpretation of the advice given by any representatives or doctors/sleep coaches using the App, to you.
6.4. For the avoidance of doubt, it is clarified that the doctors/sleep coaches are independent professionals and REM42 shall have no liability whatsoever in relation to any manner of treatment, advice or plan rendered by a doctor/sleep coach, or any action taken as a result of the same, to you either through the Website, the App, the Services or otherwise.
6.5. REM42 will not be responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of Sleep Data over communications networks and facilities, including the internet, and you acknowledge that the Services may be subject to limitations, delays and other problems inherent in the use of such communications facilities. REM42 does not warrant that access to Services will be uninterrupted, error-free or secure, or that any information, software, or other material accessible or provided through Services is accurate, complete or free of viruses, bugs, glitches or other harmful contents or components.
7. Intellectual Property.
7.1. REM42 owns or has rights to all intellectual property rights in and to the Website, the App (including all derivatives or improvements thereof) and the Services, information and data stored on the App during the course of performance of the Services. All suggestions, enhancement requests, feedback, recommendations or other inputs that you provide, relating to the Services shall be owned by REM42.
7.3. REM42 grants you a limited, revocable, non-transferable and non-exclusive license limited solely to viewing, accessing or downloading any content while availing the Services from us for personal or non-commercial purposes only. All information contained in or accessed through the Website or App is protected under copyright, trademark, design, and patent laws and your usage is limited to the extent of browsing or availing the Services by accessing our Website or App and no further.
8. Misuse of Website and App.
8.1. You must not misuse our Website or App by knowingly introducing viruses, trojans, worms, logic bombs, time bombs, cancel bots, spyware or other material, computer programming routines, codes, files or such other programs which are malicious or technologically harmful, or limit the interests of rights of other Users or limit the functionality of any computer software, hardware or telecommunications. You must not attempt to gain unauthorized access to our Website or App, the server on which they are stored, or any server, computer or database connected to our Website or App. You must not attack our Website or App via a denial-of-service attack or a distributed denial-of service attack.
8.2. By breaching this clause 8, you would commit a criminal offence under the Information Technology Act, 2000 (and any amendments thereto). We will report any such breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Services will cease immediately.
8.3. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or App or to your downloading of any material posted on it, or on any website linked to it.
9. Term and Termination.
10.4. ASSIGNMENT. Usage of the Website and App is for your limited personal purpose and is not transferable or assignable. However, REM42 reserves its rights to assign or transfer or subcontract its obligations or rights to its successors, affiliates, associates or any entity through contractual understanding or by operation of law or acquiring all or substantially all the assets of REM42.
10.7. WAIVER. Either party’s failure to exercise any of its rights hereunder shall not constitute or be deemed a waiver or forfeiture of any such rights unless given in writing.
REM42 Technologies Pvt Ltd., with its registered office at 577/B, 1st floor, 100 FT Ring Road, HSR Layout, 5th Sector, Bengaluru, Karnataka, India 560068 understands and recognizes your right to confidentiality and is committed to protecting and preserving your privacy.
We provide you (“User”) access to our website https://www.rem42.ai (“Website”) and services (“Services”) with a view to addressing your sleep related disorders and providing a personalised sleep improvement programme.
We gather personally identifiable information (“Personal Data”) from you when you access our Website, fill in a form, conduct a search, update or add information to your account, respond to surveys, post to community forums, participate in promotions etc.
What personal information about you does REM42 gather?
Information You Give Us:
We shall collect the following Personal Data which shall include but not be limited to:
- name including first and last name;
- email address;
- mobile number and contact details;
- address and postal code; and
- such other information as we may request from you from time to time.
We may also collect information pertaining:
- the links you click on the Website;
- the Services viewed by you;
- the Type of Device and its unique Device ID;
- IP address of your Device;
- number of times you access the Website’s page/portal; and
- the number of times you have interacted on this Website;
How we collect your information: We may collect information from you passively. We use tracking tools including, but not limited to, Google Analytics, Google Webmaster, browser cookies and web beacons for collecting information about your usage of the Website.
Further, to help Us make e-mails more useful and interesting, We often receive a confirmation when you open e-mail from REM42 if your Device supports such capabilities. We also compare Our user list to lists received from other companies, in an effort to avoid sending unnecessary messages to Our Users. If you do not want to receive e-mail or other mail from Us, please use Our User Settings pages to adjust your preferences.
Does REM42 share the information it receives?
We take your privacy seriously and have implemented appropriate physical, technical and organizational security measures designed to secure your Personal Data against accidental loss, destruction or damage and unauthorized access, use, alteration or disclosure.
We may also share your Personal Data with our affiliates and third-party service providers, to enable the efficient and secure provision of services to you.
Other than the above, we will share your personal information only if it is reasonably necessary to:
- meet your request, any applicable law, regulation, legal process or enforceable governmental request;
- enforce applicable terms, including investigation of potential violations;
- detect, prevent, or otherwise address fraud, security or technical issues;
- protect against harm to the rights, property or safety of REM42, Our Users or public as required by law;
- provide such information with a successor to all or part of Our business; or
- provide as a part of the anonymous information we share with our partners and/or advertisers on an aggregate basis.
We may share your information for reasons not described herein. However, the same shall be done only upon obtaining your consent.
Links to Third party apps and websites
Data Retention Policy. We will keep your data for as long as we provide services to you. We will then keep data for a limited period when we no longer provide services to you to deal with any queries or complaints or as required under law.