This document is an electronic record in terms of Information Technology Act, 2000 (“IT Act, 2000”), the applicable rules thereunder and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
These Terms of Service (“TOS”) apply to the access and use of the website at www.dentosupport.com (“Site”) and any related mobile or software application (“Dentosupport”)( The Site and Dentosupport are collectively referred to as “Platform”) and use of our products and services provided through the Platform (“Services”). The Platform is owned, managed, and operated by Lumnoverse Technologies Private Limited (hereinafter referred as “us”/ “we”/ “Our”/ “Company”), a company incorporated under the Companies Act, 2013, with its registered office at Sundar Nagar, New Manisha Nagar, Opp. Gajanan Maharaj Mandir, Kalyan West - 421301
These TOS govern the use of the Platform and Services by anyone accessing the Platform, (“Users/You/Your”). By accessing or using the Platform, registering for Services offered on the Platform, or by accepting, uploading, submitting or downloading any information or content from or to the Platform, You shall have agreed to these TOS.
IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TOS, we request You DO NOT USE THE PLATFORM.
Acceptance of Terms
Your use of the Platform is subject to these TOS, which may be updated, amended, modified or revised by Lumnoverse Technologies Private Limited from time to time without any notice to You. It is important for You to refer to these TOS from time to time to make sure that You are aware of any additions, revisions, amendments or modifications that we may have made to these TOS. Your use of the Platform and engagement with the Platform constitutes Your acceptance of these TOS. Your use of the Services herein is under a limited, non-transferable, non-licensable, non-assignable license to use the Services granted by Lumnoverse Technologies Private Limited only for the purposes mentioned herein.
Use of Services
The Platform and Services are designed to assist the Users to store certain data related to their day to day business and to obtain and retrieve the data as and when required (“Data”). The Platform and Services are designed to allow the Users to seamlessly access their Data via any internet enabled device. We endeavour to provide a functional and convenient Service through our Platform, but we do not guarantee that Your web browser or mobile device will be compatible with the Platform or the Services or that the Platform and Services will be available uninterrupted. The Company is not responsible for any interruption in Services or availability of Platform due to, but not limited to, changes or updates in User’s business, network failure, or any other technical incident. The Company reserves the right, at its sole discretion, to modify or replace all or any part of the TOS (including, without limitation, pricing and payment terms), or change, suspend, or discontinue all or any part of the Services or Platform at any time by posting a notice on the Platform. It is Your responsibility to check the latest TOS periodically for changes. Your continued use of the Platform or the Services following the posting of any changes to the TOS constitutes acceptance of those changes.
The Users represent and warrant that they have taken the appropriate consent from Patients, where required, before storing any of the Patients’ information including but not limited to personally identifiable information, contact information, health records, demographic information and financial information etc.
Registration
As part of the registration process You will need to create an account, including a username and password. It is Your responsibility to ensure that the information You provide is accurate, not misleading and it is Your responsibility to keep Your password secure. You shall be responsible for keeping Your credentials in safe custody. The Company will not be liable for any losses or claims arising out of misuse of Platform or Services accessed with Your credentials. You shall not create an account or username and password using the names and information of another person or using words that are the trademarks or the property of another party (including ours), or vulgar, obscene or in any other way inappropriate. We reserve the right with or without notice to suspend or terminate any account in breach.
Payments
After creating Your account, Users may be required to pay an amount towards Platform fee for using some parts of the Services being provided by the Company through the P. The prices will be displayed on the Platform based on the model You choose. You may want to access more or all of Company’s Services by creating or upgrading to a paid account (“Paid Account”). You can create or upgrade to a Paid Account by signing up for one of Company’s subscription plans (“Subscription Plans” and each a “Subscription”).
Fees for Subscription:
Fees for Subscriptions (“Subscription Fees”) shall be based on the length of Your Subscription (“Subscription Period”). All Subscriptions will auto-renew at the end of the then Subscription Period unless and until You request in writing and notify us of cancellation through the Platform.
Our prices may be updated from time to time so please make sure that You check our current Subscription Fees before placing Your order. All payments shall be in INR. The fees will be exclusive of all taxes and additional fees including but not limited to convenience fee.
You agree to pay all charges or fees at the prices then in effect for Your Subscription, and You authorise us to charge Your chosen payment provider for any such amounts upon placing Your order. If Your Subscription is subject to recurring charges, then You consent to our charging Your payment method on a recurring basis through Your payment mandate, without requiring Your prior approval for each recurring charge, until You notify us of Your cancellation of the payment mandate.
The Company reserves the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Services. In such case we will notify You by email and refund You any Subscription Fees that You have paid. You understand, accept, and agree that the payment facility provided through the Platform is neither a banking nor financial service, but merely being provided through a facilitator providing an electronic, automated online electronic payment facility for receiving payment, collection and remittance for transactions on the Site using the existing authorised banking infrastructure and credit card payment gateway (PG) network.
Failure to Pay: If You fail to pay the fees due for the services, we may suspend or terminate your account and pursue any collection costs incurred by us, including without limitation, any arbitration and legal fees and Company's reasonable attorneys' fees. Accounts or subscriptions will not be reactivated until all outstanding amounts are paid. We are not responsible for any deleted or lost content that was provided by You, as a result of any suspension or termination of the Services.
Refund
Purchases on the Platform are non-refundable. The Fee paid by you is for the length of the subscription, even if You decide to cancel it mid term.
We will refund the money only in case we fail to provide Service to our customers from our end, which shall be initiated after our internal investigation. Users need to request for the same via email at help@dentosupport.com.
Further, no refund is possible wherein money is paid to government bodies, such as taxes, or fees to other third parties with a role in processing Your order. No refund will be entertained in case service gets canceled due to any violation of terms stated on the Platform.
All refunds shall be made in the same mode that the original payment was made and not on an alternative account/mode. A refund, wherever applicable, shall render the agreement between the User and the Company redundant, along with the pricing and terms and conditions agreed upon. Any new transaction will be on the terms and conditions and fees as applicable on entering into the new agreement.
Data Confidentiality
Responsibility of Users
Through Your use of the Platform, You shall have access to store and retrieve the Data. Users should be aware of the confidentiality requirements and observe all caution and the applicable duty of care in storing the Data. The Data is to be entered by the Users or any authorised person of the Users. The Platform presents the Data to the Users in an “As-Is” manner and the Platform does not make any warranties, representations, etc. on the accuracy and correctness of the Data.
Non-Disclosure by Company
The Company shall not share the User’s Data with any third party, unless required through a court order or required by any authorised law enforcement agencies. In other words, the Company shall not engage in any activity that can be construed as “sharing personally sensitive data”. The Company shall store the Data on a secure cloud infrastructure and/or third-party servers chosen by the Company or built by the Company. The Company is committed to protecting the identity of the Users and the Data.
Communications
You agree to receive communications through emails, telephone, mobile phone and/or SMS, from the Company or its third-party vendors or business partners or third-party service providers regarding the services or services updates, transactional and/or promotional emails and/or any announcements. In this context and regard, You agree and provide Your consent to receive all communications at the mobile number provided to the Company. And for that purpose, You further authorise the Company to share/disclose the information to any third-party service provider or any affiliates, group companies, their authorised agents or third-party service providers. You also agree that in accordance with the applicable TRAI laws, rules and regulations specifically The Telecom Commercial Communications Customer Regulations, 2014:
Each time You do visit/transact or login in Your account on the Platform, it shall be regarded as a verifiable request from You pertaining to receipt of our Services and activities;
Each time You visit/login/transact on the Platform, it will be deemed to be as a fresh request from You for continuing to receive communication from us.
In case You do not wish to receive any communication from us or to provide Your feedback about the services, You can mail us at helpdesk@dentosupport.com.
The Company will retain and use Your information as necessary to comply with our legal obligations, resolve disputes and enforce our agreements entered into for providing Services and ancillary services.
Termination
The Company may terminate Your access to all or any part of the Platform or Services at any time if You fail to comply with these TOS. This may result in the forfeiture and destruction of all information (unless required to be retained for purposes mentioned in the Privacy Policy) associated with Your membership and will immediately terminate Your ability to provide services through the Platform. All provisions of the TOS, which by their nature should survive termination, shall survive termination, including, without limitation, warranty disclaimers, indemnity and limitations of liability. In the event of discontinuation of services, the Company, at its discretion, will make reasonable efforts to help You take a backup of Your Data in a suitable electronic format.
Minors
This Platform and the Services are available only to Users who can form legally binding contracts under Indian law. The Services are intended solely for Users who are eighteen (18) years of age or older. We reserve our right to terminate the Services and / or refuse to provide You with access to the Platform if it is brought to our notice or if it is discovered that You are under the age of 18 years.
Disclaimer
THE PLATFORM (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. THE COMPANY AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, SPONSORS AND PARTNERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK.
Indemnification
You shall defend, indemnify, and hold harmless the Company, its affiliates/subsidiaries/JV partners and each of its, and its affiliates/subsidiaries/JV partners employees, contractors, directors, suppliers and representatives from all liabilities, losses, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to (i) Your use or misuse of, or access to, the Platform or Services, or (ii) Your violation of the TOS or any applicable law, contract, policy, regulation or other obligation. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will assist and cooperate with the Company in connection therewith.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY (NOR ITS DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, PARTNERS, SUPPLIERS, CONTENT PROVIDERS, LICENSORS OR RESELLERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, LOSS OF GOODWILL OR OPPORTUNITY, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, OR SUBSTITUTE GOODS OR SERVICES, (II) FOR ANY DIRECT DAMAGES ARISING OUT OF PAID SERVICES, IN EXCESS (IN THE AGGREGATE) OF THE FEES PAID BY YOU FOR THE SERVICE IN THE THREE (3) MONTHS PRECEDING THE APPLICABLE CLAIM OR (III) FOR ANY MATTER BEYOND ITS OR THEIR REASONABLE CONTROL, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY OF THE AFOREMENTIONED DAMAGES.
Governing Law
This Agreement shall be governed by and construed in accordance with the laws of India without regard to the conflict of laws provisions thereof. All claims, differences and disputes arising under or in connection with or in relation thereto the Platform, the Terms or any transactions entered into on or through the Platform shall be subject to the exclusive jurisdiction of the courts at Mumbai, India and You hereby accede to and accept the jurisdiction of such courts.
Miscellaneous
The TOS are the entire agreement between You and the Company with respect to the use of Platform or the Services, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between You and the Company with respect to the use of Platform or the Services provided. If any provision of the TOS is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the TOS will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. The TOS are personal to You, and are not assignable or transferable by You except with Company’s prior written consent. The Company may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the TOS and neither party has any authority of any kind to bind the other in any respect. All notices under the TOS will be in writing and will be deemed to have been duly given when received if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or two days after it is sent, if sent for next day delivery by recognized overnight delivery service.
Contact Us
Please send any comments or questions, including all enquiries regarding the Platform to help@dentosupport.com.