SWAP
Spotcheck Wellness Application
Terms & Conditions
AND
Subscription & Privacy Policies
Version 0.1 / 25-Jul-2017Version Control
Version / Description / Date / Author0.1 / Initial Creation / 25-Jul-2017 / Binu Sainudeen
0.1 / Review / 25-Jul-2017 / Manikandan SP
Table of Contents
1.0 Overview
1.1Terms Used in this document
2.0Detailed terms and policies
2.1Photo and video disclaimer
2.2terms of use
2.3privacy policy
2.4additional information
1.0Terms Used in this document
Term / MeaningSWAP / Spotcheck Wellness Application
SWAP Advisors / Therapists, Consultants, Doctors, Nutritionist, Dieticians, Clinicians et al.
Concept / Wellness portfolios like
Corporate Wellness,
School Wellness
Labor Wellness
Women Wellness
AAC / Automated Assessment Chair
SSS / Smart Screening Software that is used in the AAC
SC / Spotcheck
System / Portal and Mobile App
SPOTCHECKMYHEALTH / AAC, SSS, SWAP Web Portal and Mobile Application
SWAP – TERMS AND POLICIES Ver. 0.1Page 1 of 24
2.0DISCLAIMER
SPOTCHECKMYHEALTHdoes not provide medical advice, diagnosis, or treatment.
By using SPOTCHECKMYHEALTH, the user agrees that the purpose of health screening is to identify wherever possible and as early as possible, certain health problems which may potentially save life and improve quality of life or slow down the progression of certain diseases. However, no health screening is always totally perfect and screening does not offer protection from diseases but can help to see the changes one needs to make that may help to save life or slow down the progression of certain diseases and improve the quality of life and is dependent on the user making the necessary changes life style. The Screening process is for a set screening and therefore will not show up every medical problem the user may have.
By using SPOTCHECKMYHEALTH, the user agrees voluntarily to take part in this health screening. The user individually, and on behalf of their heirs, successors, assigns and personal representatives, hereby release, discharge and agree to indemnify and hold harmless SPOTCHECKMYHEALTHand its employees, agents, volunteers, affiliates, officers, trustees and representatives from any and all liability whatsoever (including all liability arising directly or indirectly from the negligence of SPOTCHECKMYHEALTH or its associated companies, employees, agents, volunteers, affiliates, officers, trustees or representatives) for any and all damages, losses or injuries I sustain to my person or property or both, including, but not limited to, any claims, demands, actions, causes of action, judgments, damages, expenses and costs, including attorneys’ fees, which arise out of, result from, occur during or are in any way connected, directly or indirectly, with participation in this solution or incident thereto.
The content and information available on SPOTCHECKMYHEALTH.com, including without limitation, such as text, graphics, images, audio, videos and other material contained on the SPOTCHECKMYHEALTH Site ("Content") are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the SPOTCHECKMYHEALTH site!
If you think you may have a medical emergency, call your doctor or ambulance (998 in UAE) immediately. SPOTCHECKMYHEALTH does not recommend or endorse any specific tests, drugs, treatments, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by SPOTCHECKMYHEALTH, SPOTCHECKMYHEALTH employees, Experts blogging, content discussed in the discussion forum and others appearing on the Site at the invitation of SPOTCHECKMYHEALTH, or other visitors to the Site is solely at your own risk.
The Site may contain health- or medical-related materials that are sexually explicit. If you find these materials offensive, you may not want to use our Site. The Site and the Content are provided on an "as is" basis.
3.0DETAILED TERMS AND POLICIES
3.1Photo and video disclaimer
DISCLAIMER
(SPOTCHECKMYHEALTH) reserves the right to use any photograph/video taken at any event sponsored by SPOTCHECKMYHEALTH, without the expressed written permission of those included within the photograph/video. SPOTCHECKMYHEALTH may use the photograph/video in publications or other media material produced, used or contracted by SPOTCHECKMYHEALTH including but not limited to: brochures, invitations, books, newspapers, magazines, television, websites, etc.
To ensure the privacy of individuals and children, images will not be identified using full names or personal identifying information without written approval from the photographed subject, parent or legal guardian
A person attending a SPOTCHECKMYHEALTH event who does not wish to have their image recorded for distribution should make their wishes known to the photographer, and/or the event organizers, and/or contact SPOTCHECKMYHEALTH at Spot Check L.L.C, Office No. 2116, 21st Floor, Burlington Tower, Business Bay, Dubai, UAE. In writing of his/her intentions and include a photograph. SPOTCHECKMYHEALTH will use the photo for identification purposes and will hold it in confidence.
By participating in a SPOTCHECKMYHEALTH event or by failing to notify SPOTCHECKMYHEALTH, in writing, your desire to not have your photograph used by SPOTCHECKMYHEALTH, you are agreeing to release, defend, hold harmless and indemnify SPOTCHECKMYHEALTH from any and all claims involving the use of your picture or likeness.
Any person or organization not affiliated with SPOTCHECKMYHEALTH may not use, copy, alter or modify SPOTCHECKMYHEALTH photographs, graphics, videography or other, similar reproductions or recordings without the advance written permission of an authorized designee from SPOTCHECKMYHEALTH.
Thank you for your understanding and cooperation!
3.2terms of use
USER TERMS & CONDITIONS: SPOTCHECKMYHEALTH
ACCEPTANCE OF TERMS AND CONDITIONS
By using this site (the "Site"), you ("you" or the "End User/ Merchant or the Merchant") agree to the terms and conditions that we (“SPOTCHECKMYHEALTH”) have provided. If you do not wish to agree to the outlined terms and conditions (the "Terms of Use" or "Agreement"), please refrain from using the Site/App.
“SPOTCHECKMYHEALTH” reserves the right to make any changes to our Terms of Use and/or our Privacy Policy (which is incorporated herein by reference) as we deem necessary or desirable without prior notification to you. We suggest to you, therefore, that you re-read this important notice containing our Terms of Use and Privacy Policy from time to time in order that you stay informed as to any such changes. If we make changes to our Terms of Use and Privacy Policy and you continue to use our Site, you are impliedly agreeing to the Terms of Use and Privacy Policy expressed herein.
3.2.1Definitions
"SPOTCHECKMYHEALTH” provides an interactive online service operated by “SPOTCHECKMYHEALTH” (herein referred to as "“SPOTCHECKMYHEALTH” ") on the World Wide Web of the Internet (the "Web"), consisting of various information services, content and transaction capabilities provided by “SPOTCHECKMYHEALTH” , affiliates of “SPOTCHECKMYHEALTH” and other third parties.
End User can be an individual who is using SPOTCHECKMYHEALTH.com to obtain information, purchase services and products, use discussion forums, leave reviews, ask questions or make bookings for services.
A Merchant is a company / sole trader who has a company listing with SPOTCHECKMYHEALTH.com aimed at promoting their business and selling services online.
This Agreement sets forth the terms and conditions that apply to the use of this Site by the End User/ Merchant. By using this Site (other than to read this Agreement for the first time), End User/ Merchant agree to comply with all of the terms and conditions hereof. The right to use this Site is personal to End-User and is not transferable to any other person or entity. Merchants will use the site for commercial purposes and may transfer the right of use to other persons within their company. End User/ Merchant shall be responsible for protecting the confidentiality of End User/ Merchant's password(s), if any. End User/ Merchant acknowledges that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of “SPOTCHECKMYHEALTH”, and “SPOTCHECKMYHEALTH” shall not be responsible for any data lost while transmitting information on the Internet. While it is “SPOTCHECKMYHEALTH” 's objective to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of “SPOTCHECKMYHEALTH”, access to the Site may be interrupted, suspended or terminated from time to time. “SPOTCHECKMYHEALTH” shall have the right at any time to change or discontinue any aspect or feature of “SPOTCHECKMYHEALTH”, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, “SPOTCHECKMYHEALTH” may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.
3.2.2general
This Agreement sets forth the terms and conditions that apply to the use of this Site by the End User/ Merchant. By using this Site (other than to read this Agreement for the first time), End User/ Merchant agree to comply with all of the terms and conditions hereof. The right to use this Site is personal to End-User and is not transferable to any other person or entity. Merchants will use the site for commercial purposes and may transfer the right of use to other persons within their company. End User/ Merchant shall be responsible for protecting the confidentiality of End User/ Merchant's password(s), if any. End User/ Merchant acknowledges that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of “SPOTCHECKMYHEALTH”, and “SPOTCHECKMYHEALTH” shall not be responsible for any data lost while transmitting information on the Internet. While it is “SPOTCHECKMYHEALTH” 's objective to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of “SPOTCHECKMYHEALTH”, access to the Site may be interrupted, suspended or terminated from time to time. “SPOTCHECKMYHEALTH” shall have the right at any time to change or discontinue any aspect or feature of “SPOTCHECKMYHEALTH”, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, “SPOTCHECKMYHEALTH” may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.
3.2.3modified terms
“SPOTCHECKMYHEALTH” reserves the right at all times to discontinue or modify any of our Terms of Use and/or our Privacy Policy as we deem necessary or desirable without prior notification to you. Such changes may include, among other things, the adding of certain fees or charges. We suggest to you, therefore, that you re-read this important notice containing our Terms of Use and Privacy Policy from time to time in order that you stay informed as to any such changes. If we make changes to our Terms of Use and Privacy Policy and you continue to use our Site, you are impliedly agreeing to the Terms of Use and Privacy Policy expressed herein. Any such deletions or modifications shall be effective immediately upon “SPOTCHECKMYHEALTH's” posting thereof. Any use of “SPOTCHECKMYHEALTH” by End User/ Merchant after such notice shall be deemed to constitute acceptance by End User/ Merchant of such modifications.
3.2.4equipment
End User/ Merchant shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Site and all charges related thereto. “SPOTCHECKMYHEALTH” shall not be liable for any damages to the End User/ Merchant's equipment resulting from the use of this Site.
3.2.5end user/merchant conduct
This Site and any individual sites or merchant-specific, city-specific, or country-specific sites now or hereinafter contained within or otherwise available through external hyperlinks with our Site (the "Microsites") are private property. All interactions on this Site and/or the Microsites must comply with these Terms of Use. Although we welcome and encourage user interaction on our Site, we do insist and require that all End User/ Merchants restrict any and all activity in connection with the use of this Site and the Microsites to that which involves lawful purposes only. The End User also agrees to only post reviews of businesses they have visited and upload information that is truthful and objective. Merchants are not allowed to leave reviews of other businesses or service providers. The Merchant also agrees to be truthful about the services they offer, facilities they have. The Merchant also agrees to have the necessary licenses to operate a business.
End User/ Merchant shall not post or transmit through this Site any material which violates or infringes in any way upon the rights of others, or any material which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without “SPOTCHECKMYHEALTH” 's express prior, written approval, contains advertising or any solicitation with respect to products or services. Any conduct by an End User/ Merchant that in “SPOTCHECKMYHEALTH”‘s exclusive discretion restricts or inhibits any other End User/ Merchant from using or enjoying this Site and/or any of the Microsites is strictly prohibited. End User/ Merchant shall not use this Site or any of the Microsites to advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of users of this Site and/or the Microsites to become users of other on- or offline services directly or indirectly competitive or potentially competitive with “SPOTCHECKMYHEALTH”.End User/ Merchantshall not usethis site to promote special offers, discounts or programs through comments, reviews or images in business listings. SPOTCHECKMYHEALTH.com also reserves the right to delete comments, reviews or imagery without providing justification / reasons why this was performed.
The foregoing provisions of this Section 5 apply equally to and are for the benefit of “SPOTCHECKMYHEALTH”, its subsidiaries, affiliates and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
3.2.6copyright and trademarks
Everything located on or in this Site, including the Microsites, is the exclusive property of “SPOTCHECKMYHEALTH”, or used with express permission of the copyright and/or trademark owner. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE OR ANY OF THE MICROSITES WITHOUT THE EXPRESS WRITTEN PERMISSION OF “SPOTCHECKMYHEALTH” IS STRICTLY PROHIBITED. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject End User/ Merchant to civil and / or criminal penalties.
This Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and the entire contents of “SPOTCHECKMYHEALTH” protected by copyright as a collective work under the United Arab Emirates. “SPOTCHECKMYHEALTH” owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. End User/ Merchant may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. End User/ Merchant may download / print / save copyrighted material for End User/ Merchant's personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of “SPOTCHECKMYHEALTH” and the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. End User/ Merchant acknowledges that he/she/it does not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the Site or a Web site otherwise owned or operated in conjunction with “SPOTCHECKMYHEALTH” shall not be deemed to be in the public domain but rather the exclusive property of “SPOTCHECKMYHEALTH”, unless such site is under license from the Trademark owner thereof in which case such license is for the exclusive benefit and use of “SPOTCHECKMYHEALTH”, unless otherwise stated.
End User/ Merchant shall not upload, post or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. “SPOTCHECKMYHEALTH” does not have any express burden or responsibility to provide End User/ Merchant with indications, markings or anything else that may aid End User/ Merchant in determining whether the material in question is copyrighted or trademarked. End User/ Merchant shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of this Site, End User/ Merchant warrants that the owner of such material has expressly granted “SPOTCHECKMYHEALTH” the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. End User/ Merchant also permits any other End User/ Merchant to access, view, and store or reproduce the material for that End User/ Merchant's personal use. End User/ Merchant hereby grants “SPOTCHECKMYHEALTH” the right to edit, copy, publish and distribute any material made available on this Site by End User/ Merchant.