Terms And Conditions
DAILYBLOOM PLATFORM END USER LICENSE AGREEMENT (EULA)
Last Update 15th December, 2023
DR. REDDY'S LABORATORIES LTD. ("DR. REDDY'S" "US" "WE") IS THE OWNER OF THE INTERNET DOMAIN
WWW.DAILYBLOOMIBS.COM, THE DAILYBLOOM
TM MOBILE APPLICATION ,AVAILABLE ON ANDROID AND IOS PLATFORMS HEREINAFTER REFERRED TO AS “
PLATFORM/APPLICATION”.
THE TERMS OF THIS END USER LICENSE AGREEMENT(“EULA/AGREEMENT”) INCORPORATE BY REFERENCE DR. REDDY’S PRIVACY POLICY (“PRIVACY POLICY”) AS SET OUT AT THE PLATFORM AND THE WEB PAGE. BY USING DR. REDDY’S PLATFORM, YOU AGREE TO BE BOUND BY THE PRIVACY POLICY. YOUR ACCESS TO AND USE OF OUR SOFTWARE AND SERVICES IS SUBJECT IN ALL RESPECTS TO THE AFORESAID POLICY AS WE MAY UPDATE THAT PRIVACY POLICY FROM TIME TO TIME AS DESCRIBED UNDER OUR PRIVACY POLICY.
BY ENTERING INTO THE AGREEMENT
BY CLICKING THE ‘I AGREE’ BUTTON, OR BY INSTALLING, OR SUBSCRIBING OR USING DR. REDDY’S SOFTWARE AND/OR APPLICATION AND/OR WEBSITE AND/OR PLATFORM, ANY INCLUDED DOCUMENTATION, ANY OF DR. REDDY’S’S SERVICES RELATED TO OR ENABLED BY SUCH SOFTWARE, APPLICATION, OR WEBSITE (COLLECTIVELY, SUCH SOFTWARE, WEBSITE, APPLICATION, AND RELATED SERVICES, “SERVICES”) YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT (THE “AGREEMENT”).
THIS AGREEMENT FORMS A LEGALLY BINDING CONTRACT BETWEEN YOU AND DR. REDDY’S FOR YOUR ACCESS TO AND USE OF THE SERVICES. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT AND AUTHORITY TO BIND YOURSELF TO THIS AGREEMENT. YOU ALSO REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OF AGE. YOU FURTHER REPRESENT AND WARRANT THAT ALL INFORMATION YOU SUBMIT TO DR. REDDY’S OR TO ANY SERVICE PROVIDER ACTING ON BEHALF OR IN RELATION TO THE SERVICES IS TRUE AND ACCURATE.
YOU MAY HAVE BEEN RECOMMENDED THE USE OF THESE SERVICES FROM A SPONSORING THIRD PARTY SUCH AS YOUR HEALTHCARE PROVIDER, HEALTH INSURANCE PROVIDER, EMPLOYER, CARE MANAGER, OR AS PART OF A CLINICAL STUDY (YOUR “REFERRER”). YOU FURTHER ACKNOWLEDGE AND UNDERSTAND THAT THIS ENTERING INTO OR ACCEPTANCE OF THIS AGREEMENT IS NOT A CONDITION FOR RECEIVING ANY TREATMENT, PAYMENT, OR BENEFIT FROM THE REFERRER AND YOU UNDERSTAND THAT YOUR REFUSING TO AGREE TO THE TERMS OF THIS AGREEMENT WILL NOT AFFECT ANY TREATMENT, PAYMENT, OR BENEFIT FROM THE REFERRER FOR WHICH YOU MAY BE ELIGIBLE. HOWEVER, YOU ACKNOWLEDGE AND UNDERSTAND THAT IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU WILL NOT BE PROVIDED WITH ACCESS TO THE SERVICES AS DESCRIBED HEREIN.
IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU SHOULD REJECT THEM BY NOT CLICKING ON ‘I AGREE’ AND BY NOT INSTALLING OR USING THE SOFTWARE.
FOR THE DR. REDDY’S APPLICATION TO PROVIDE OPTIMUM END USER EXPERIENCE, WE MAY INCLUDING THROUGH OUR SERVICE PROVIDER(S), COLLECT AND/OR OBTAIN CERTAIN END USER INFORMATION (INCLUDING DEVICE-RELATED INFORMATION, IP ADDRESS, LOCATION DATA ETC.). ALL SUCH END USER INFORMATION SHALL BE COLLECTED, USED AND PROCESSED IN ACCORDANCE WITH THE PROVISIONS OF DR. REDDY’S PRIVACY POLICY AND THAT OF THE SERVICE PROVIDERS. DR. REDDY’S PRIVACY POLICY EXPLAINS HOW WE COLLECT, USE AND SHARE YOUR DATA WHEN YOU USE THE APPLICATION/PLATFORM.
USE OF MOST FEATURES OF THE SERVICES REQUIRES AN ONLINE CONNECTION (WI-FI, CELLULAR DATA) BETWEEN YOUR DEVICE AND THE INTERNET. YOU ARE SOLELY RESPONSIBLE FOR ALL COSTS AND EXPENSES OF SUCH CONNECTION, AS SPECIFIED IN YOUR SUBSCRIBER PLAN OR CONTRACT WITH YOUR COMMUNICATION SERVICE PROVIDER. SOME OF THE FEATURES WITHIN THE SERVICES MAY BE DEPENDENT ON YOUR WIRELESS SERVICE AND THE WIRELESS COVERAGE WITHIN THE AREA IN WHICH YOU ARE LOCATED AT THAT TIME. FURTHER, THE APPLICATION MAY INCLUDE SERVICES FROM THIRD PARTY SERVICE PROVIDERS. DR. REDDY’S IS NOT RESPONSIBLE FOR THE ACCURACY OF ANY INFORMATION AND/OR PRODUCT OR SERVICE PROVIDED BY A SERVICE PROVIDER WHICH MAY BE ACCESSED BY YOU AND YOUR USE OF THE APPLICATION. YOUR DECISION TO RELY AND/OR AVAIL SUCH THIRD PARTY SERVICES THROUGH THE APPLICATION, MUST BE AT YOUR SOLE RISK AND DISCRETION. INTERNET TRANSMISSIONS ARE NEVER COMPLETELY PRIVATE OR SECURE AND THE TRANSMISSION OF ANY INFORMATION/DATA AND YOUR USE OF THE APPLICATION/ PLATFORM MAYBE AFFECTED, INTERRUPTED OR DISRUPTED FOR REASONS BEYOND DR. REDDY’S REASONABLE CONTROL. ANY MESSAGE OR INFORMATION YOU SEND USING APPLICATION/PLATFORM MAY BE READ OR INTERCEPTED BY OTHERS, EVEN IF THERE IS A SPECIAL NOTICE THAT A PARTICULAR TRANSMISSION IS ENCRYPTED.
THE SERVICES PROVIDED THROUGH THE PLATFORM/APPLICATION ARE NOT A SUBSTITUTE FOR AND IS NOT INTENDED TO PROVIDE PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. THE SERVICES ARE NOT INTENDED TO REPLACE YOUR RELATIONSHIP WITH YOUR CARE MANAGER, THERAPIST, DOCTOR, OR ANY OTHER QUALIFIED HEALTHCARE PROVIDER. IF YOU THINK YOU MAY BE HAVING A MEDICAL EMERGENCY, CALL YOUR PROVIDER. ALL SERVICES ARE PROVIDED ‘AS IS’ AND WITHOUT WARRANTY OR REPRESENTATION. BY PROVISION OF THESE SERVICES THROUGH OUR APPLICATION, THE CONTENT DOES NOT CONSTITUTE PROFESSIONAL HEALTHCARE ADVICE, DIAGNOSIS, TREATMENT, SUGGESTIONS, OR RECOMMENDATIONS. THE COMMUNICATIONS THROUGH THE DR. REDDY’S APPLICATION ARE NOT CONFIDENTIAL AND SHALL NOT BE THE SUBJECT OF ANY MEDICAL PATIENT PROVIDER PRIVILEGE. YOUR USE DOES NOT CREATE ANY DUTY FOR DR. REDDY’S TO FOLLOW UP WITH YOU ABOUT ANY MEDICAL CONDITION, DIAGNOSIS, OR TREATMENT. DR. REDDY’S IS NOT RESPONSIBLE FOR ANY ACTIONS OR INACTIONS OF ANYONE CONCERNING THEIR HEALTH OR MEDICAL CONDITIONS. IF YOU RELY ON ANY CONTENT, YOU DO SO SOLELY AT YOUR OWN RISK. WE ENCOURAGE YOU TO INDEPENDENTLY CONFIRM ANY CONTENT RELEVANT TO YOU WITH OTHER SOURCES, INCLUDING FROM YOUR HEALTHCARE PROVIDER.
DR. REDDY’S APPLICATION/PLATFORM DOES NOT PROVIDE ANY LICENSED SERVICES. NOTHING ON THE DR. REDDY’S APPLICATION/PLATFORM, INCLUDING ANY CONTENT, IS INTENDED TO AND DOES NOT CONSTITUTE THE PRACTICE OF MEDICINE, DIETETICS, OR SIMILAR LICENSED ACTIVITIES. ALTHOUGH DR. REDDY’S PLATFORM/APPLICATION ALLOW USERS TO TRACK EATING PATTERNS, FOOD INTAKE, FIND PRODUCTS AND RECIPES, AND ANY RELATED DIGESTIVE EFFECTS, DR. REDDY’S APPLICATION/PLATFORM DO NOT DIAGNOSE, TREAT, CURE, OR PREVENT ANY CONDITION OR ILLNESS. DR. REDDY’S APPLICATION/PLATFORM AND THE CONTENTS THEREIN ARE INTENDED FOR EDUCATIONAL PURPOSES AND SELF-MANAGEMENT ONLY BASED UPON THE PROFICIENCY IN, KNOWLEDGE OF, AND EXPERIENCE WITH THE SUBJECT MATTER OF DR. REDDY’S APPLICATION/PLATFORM.
DR. REDDY’S APPLICATION ARE NEITHER INTENDED NOR DESIGNED FOR CHILDREN UNDER THE AGE OF 18. DR. REDDY’S DOES NOT KNOWINGLY COLLECT OR SOLICIT PERSONALLY IDENTIFIABLE INFORMATION FROM ANY PERSON KNOWN BY DR. REDDY’S TO BE A CHILD UNDER THE AGE OF 18. SHOULD DR. REDDY’S INADVERTENTLY COME TO POSSESS PERSONALLY IDENTIFIABLE INFORMATION ABOUT A CHILD UNDER THE AGE OF 18, DR. REDDY’S WILL NOT KNOWINGLY DISCLOSE CONTACT INFORMATION RELATING TO A CHILD UNDER THE AGE OF 18 TO ANY THIRD-PARTY.
1.
DESCRIPTION OF SERVICES
The Application/Platform offers several subscription plans and curated services to its Users through its network of nutritionists, dieticians, psychologists and health coaches. Each subscription plan provides a unique combination of services and for availing each such plan, the User needs to avail the said services by subscribing to the Application.
Dr. Reddy’s offers a digital platform (the “Platform” or “Application”) that aims to help users with Irritable Bowel Syndrome (“IBS”) or other digestive conditions through an alternative approach to the diet, and services which are beneficial for the improvement of such digestive conditions and gut health, as more specifically set forth on the Application/Platform (the “Services”). The Platform is for the purposes of managing and identifying the User’s triggers to IBS and to follow up on User’s health related resources towards better management of their disease condition.
Except as otherwise set forth herein, all the Services offered under Dr. Reddy’s Application are for informational and educational purposes only. This includes the entirety of the Platform (including text, images, videos, and blogs), videos, social media, and any information obtained from third parties of Dr. Reddy’s, and the logos, images, software, videos, text, graphics, photos, sounds, music, audio visual combinations, interactive features, collections, and other materials you may view on, access through, or contribute to Dr. Reddy’s Application/Platform. The information described in this Section 1 is collectively referred to as “Content”, which may include, among other things, educational articles, assessments and screeners, links to third party sites, reminders and alerts, recommendations and tasks, biometric/medication/symptom trackers and access to service providers.
The Content on the Application does not constitute professional healthcare advice, diagnosis, treatment, suggestions, or recommendations. Any communication you make through the Application may not be confidential and shall not be the subject of any medical patient provider privilege.
2.
FEATURES OF THE APPLICATION/PLATFORM
The Application/ Platform provides several features such as:-
(i)
an interactive platform between the third parties/service providers of Dr. Reddy’s and the User, for the purpose of managing and identifying User’s triggers to IBS and/or to follow up on User’s adherence to the suggested health related resources towards management of the disease condition.
(ii)
a data logger for the User to log their meal records, exercise schedules, request for appointments etc.
(iii)
provides helpful information to the User pertaining to their general wellbeing.
(i)
Dr. Reddy’s Application/Platform may use third-party products, including, but not limited to, fitness wearables or at home testing kits (“Third-Party Products”). Information from these Third-Party Products will be used to get a fuller picture of User’s wellness status. Dr. Reddy’s does not warrant the accuracy, timeliness, or suitability of any of these Third-Party Products for any client. If you participate in information gathering through the use of Third-Party Products, your participation and provision of information is subject to the terms and conditions related to such Third-Party Products. You agree to hold Dr. Reddy’s harmless from any consequence related to any information provided by the Third-Party Products and that you have no recourse against Dr. Reddy’s for claims related to Third-Party Products. Dr. Reddy’s is not affiliated with any Third-Party Products and cannot make any warranties and guarantees about the effectiveness or accuracy of Third-Party Products. Claims against Third-Party Products must be brought against the Third-Party Product manufacturer.
(ii)
Dr. Reddy’s is not validating, affirming, providing or issuing medical advice and any communication received or transmitted by you through the Application should not be construed as such. Furthermore, Dr. Reddy’s is not responsible for your decision to seek or not seek medical care or choice of specific treatment based on your use of the Application
(iii)
Delay, interruption or failure may occur in communication through use of the Application. You shall not hold Dr. Reddy’s liable for any injury resulting from such delay or failure, for whatever reason, and expressly assume such risk through your use of the Application.
(iv)
In some instances, you may be able to access, schedule, or otherwise use services or view content provided by a third party, such as telehealth services, testing services, or other services related to your health or health benefits, via the Software (the “Additional Services”).
(v)
These Additional Services are not provided by Dr. Reddy’s. These Additional Services are provided by third parties and may be subject to additional terms and conditions.
(vi)
Dr. Reddy’s may agree to allow advertisers to respond to certain search terms with advertisements or sponsored material. You acknowledge and agree that Dr. Reddy’s is not responsible for these Additional Services, including their accuracy, completeness, timeliness, validity, copyright, compliance, legality, decency, quality or any aspect thereof.
(vii)
Some of these Additional Services may use Content under license from Dr. Reddy’s. Dr. Reddy’s is not responsible for and we do not endorse any features, content, advertising, products, or other materials on other websites or applications, whether or not Dr. Reddy’s is affiliated with those Additional Services. You assume all risk and we disclaim all liability arising from your use of the Additional Services.
(viii)
You acknowledge and understand that should you choose to provide any Personal Data as a part of the Additional Services the recipients of such Personal Data, after it is disclosed, may not be subject to the same obligations under federal privacy laws or other Applicable Laws and Regulations, and such third party sites may use or re-disclose the information in accordance with applicable laws and regulations and their respective privacy policies.
4.
LICENSE GRANT AND PERMITTED USE
(i)
Unless otherwise expressly stated in this Agreement, Dr. Reddy’s or its licensors own all right, title, and interest in the Dr. Reddy’s Application, including any patents, copyrights, trademarks, and any other intellectual property rights.
(ii)
So long as you comply with this Agreement and subject to the Privacy Policy, Dr. Reddy’s Application hereby grants to you a limited, personal, revocable, non-exclusive, and non-transferable license to access and use the Dr. Reddy’s Application for as long as you access the Site, or your Registration remains active, until such access is otherwise terminated by Dr. Reddy’s or you (collectively referred to as “License Grant”).
(iii)
This License Grant does not grant the right to “framing” of the Content or Dr. Reddy’s Application or permit any other activity that could create a misimpression or confusion among users with respect to sponsorship or affiliation.
Subject to the terms and conditions of this Agreement, Dr. Reddy’s hereby grants you a personal, non-transferable, non-exclusive, non-sub licensable, revocable, royalty free, limited license to:
(i)
Download, install and use the Software for your own internal, non-commercial purposes on aNdevice owned or otherwise controlled by you (“Device”); and.
(ii)
Access and use on such Device the Services and the Content (as defined below) made available in or otherwise accessible through the Software.
(iii)
You also acknowledge that portions of the Application or the Software, including substantial portions of the Services accessible as part of the Application/Software, will be provided via remote access from your Device to Dr. Reddy’s Application.
To the extent permitted by applicable law, you shall not:
(i)
sublicense, sell, distribute, rent, lease, transfer, loan or otherwise convey or commercially exploit the Software or the Content or any portion thereof to anyone, and under no circumstance may you use or allow the use of the Software in any manner other than as expressly set forth above;
(ii)
modify the Software, incorporate the Software in whole or in part in any other product or create derivative works based on all or part of the Software;
(iii)
use the Software in connection with a service bureau, time sharing or fee-for- service arrangement with third parties;
(iv)
Remove or obscure any copyright notice, trademark notice, or other proprietary rights notice displayed on or in conjunction with the Services;
(v)
Modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile, or reverse engineer any part of our Services.
(vi)
Access, view any source code or object code of Dr. Reddy’s or our licensors; or
(vii)
Remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Software. If you dispose of any media embodying Software or Content, you will ensure that you have completely erased or otherwise destroyed any Software and Content stored on such media.
The Software is not intended for use in any situation in which the failure of the Software could lead to death or bodily injury of any type. You are solely responsible for using the software in a manner consistent with all applicable international, regional, federal, national, state, and local laws.
You agree and acknowledge that:
(i)
the Software is licensed to you, not sold, and Dr. Reddy’s transfers no ownership interest in the Software, in the intellectual property in any Software or in any Software copy, to you under this Agreement or otherwise;
(ii)
Dr. Reddy’s and its licensors reserve all rights not expressly granted to you hereunder;
(iii)
Dr. Reddy’s or its licensors reserve and shall retain all right, title and interest in and to the Software (including, but not by way of limitation, any images, algorithms, photographs, animations, video, audio, music and text incorporated in the Software);
(iv)
The Software is protected by the copyright laws of India and international treaties relating to protection of copyright; and
(v)
The Software includes, and this Agreement will cover, any updates, upgrades or bug fixes for the Software provided to you.
(i)
The Software and Content may contain typographical errors, other inadvertent errors or inaccuracies. We reserve the right to make changes to the Software, document names, Content, descriptions or specifications of products or Services, or other information without obligation to issue any notice of such changes.
(ii)
The Content may not be modified.
(i)
You are responsible for all Content and personal data (including photos) that you submit, post, or otherwise make available to or through the Services (“Attachments”). By doing so, you represent and warrant to Dr. Reddy’s that such Content and Attachments is not the confidential information of another person or entity and that you have all necessary permission to submit, post, and otherwise make available such Content and Attachments. Dr. Reddy’s makes no claims to ownership of Content and Attachments you submit, post, or otherwise make available to or through the Services and you continue to retain all ownership rights in such Content and Attachments and the right to use your Content and Attachments as you determine.
(ii)
However, you do grant to Dr. Reddy’s, our affiliates, contractors, service providers and agents a worldwide, nonexclusive, perpetual, irrevocable, global, royalty-free right and license (subject in all cases to the Privacy Policy) (a) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display Content for the purpose of delivering, developing, improving, and marketing the Services; (b) to develop, support and use Content to develop algorithms to detect patterns in data; and (c) to use, reproduce, analyze, aggregate and otherwise process personal data in accordance with the Privacy Policy.
(i)
You shall use reasonable means to ensure, through proper instructions and enforcement actions, that access to and use of Dr. Reddy’s Application by you will be in accordance with the terms of this Agreement and will be made and used solely for proper and legal purposes and will be conducted in a manner that does not violate any law, rule or regulation, or the rights of any third party.
(ii)
You agree that the following actions shall constitute a material breach of these Terms, and that you will not upload or transmit any communications or content of any type that:
(a)
constitutes unsolicited offers, advertisements, proposals, junk mail, or spam that other users of the Services will see or receive. This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, pyramid schemes, informational announcements, charity requests, and petitions for signatures;
(b)
infringes upon or violates any rights of any party;
(c)
impersonates another person or entity, or creates a false impression or misleads others as to the origins of your communications;
(d)
infringes on the intellectual property, copyright, trade secret, privacy, or publicity rights of others;
(e)
is unlawful, obscene, derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, offensive or embarrassing to any other person or entity as reasonably determined by Dr. Reddy’s;
(f)
promotes violence, illegal drug use, or substance abuse or describes how to perform a violent act, use illegal drugs, or abuse other substances;
(g)
harvests or otherwise collects information about others, including email addresses, without their consent;
(h)
discloses the personal data of others, including names, email addresses, telephone numbers, or any other confidential or personally identifiable information (other than in a caregiver capacity, as applicable);
(i)
distributes viruses or other harmful computer code;
(j)
restricts or inhibits any other person from using or enjoying the Services, or which, in the reasonable judgment of Dr. Reddy’s, exposes us or any of our customers, partners, affiliates, or suppliers to any liability or detriment of any type; or
(k)
deals with minors under 13 years of age without the consent of their parents.
(a)
not use the Platform in an unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Platform or any operating system and shall at all times remain compliant with laws applicable to Your use of the Platform;
(b)
not infringe Our intellectual property rights or those of any third party or any license terms in relation to Your use of the Platform or any service associated (to the extent that such use is not licensed by this EULA);
(c)
not use the Platform in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
(d)
not collect or harvest any information or data obtained from any the Platform or our systems or attempt to decipher any transmissions to or from the servers running any service for the Platform including attempt to sale, resale, broker, re-broker, reverse-engineer or make derivative works of such data.
(iv)
You agree and acknowledge that You will need to make Your own independent judgment regarding Your (i) direct interaction with any third-party landing pages/ websites/ applications where Dr. Reddy’s redirects You; We assume no liability for the same and Your correspondence with any third party service provider including payment facilitators found on Platform. All dealings between you and such third party through the Platform shall be solely between You and such third party. We urge you to refer and review the terms of use, warranties and license agreements of such third-party service provider’s websites, applications and other landing pages that you interact with.
(i)
Dr. Reddy’s does not nor does it intend to provide clinical or diagnostic advice.
(ii)
Although the Services may contain articles on medical topics, we make no warranty whatsoever that any of the articles are accurate. Even if a statement we make about a health or medical issue is accurate, it may not apply to you or somebody in your care’s symptoms.
(iii)
The health or medical information we write about is general and cannot substitute for the advice of a licensed medical professional. Dr. Reddy’s takes no responsibility for the results or consequences of any attempt to use or adopt any of the information presented in our materials. You should not interpret anything in our Services as an attempt to offer or render a medical opinion or otherwise engage in the practice of medicine.
(iv)
Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. If you think you, or somebody in your care, may have a medical emergency, call your doctor immediately.
11.
LOGIN CREDENTIALS AND ACCESS
(i)
Your access to the Software must be via login credentials (“Login Credentials”). You agree that you are responsible for protecting your Login Credentials from unauthorized use, and you are responsible for all activity that occurs under those Login Credentials. You agree to notify us immediately if you believe that any of Your Login Credentials have been or may be used without your permission so that appropriate action can be taken.
(ii)
You may not (i) create more than one account to access the Software, (ii) share your Login Credentials with any third party or (iii) transfer your account to any third party.
(iii)
Dr. Reddy’s is not responsible for any loss or damage caused by, or expense incurred by you as a result of, your failure to safeguard your Login Credentials. You are responsible for taking all reasonable steps to ensure that no unauthorized person accesses your account.
(iv)
It is your responsibility to:
(a)
select a strong password;
(b)
control the distribution of your password or account information;
(c)
authorize, monitor, and control access to and use of your account and password; and
(d)
inform us of any need to deactivate your password or change your registration as soon as possible.
(v)
Dr. Reddy’s is not responsible or liable to you in any way if information is intercepted by an unauthorized person, either in transit or at your home, business or other place of access.
(vi)
Dr. Reddy’s will protect as confidential any Personal Data that you may provide to complete the applicable online forms to establish your Login Credentials with Dr. Reddy’s.
(vii)
You agree to provide, maintain and update true, accurate, current and complete Personal Data on the screens that collect information from you in connection with the Software, and represent that you will not misrepresent your identity or your affiliation with any person or entity.
12.
SUSPENSION OF SERVICES; TERMINATION
(i)
We have the right to cancel the Services at any time at our discretion for any reason or for no reason. Without limiting the generality of the foregoing, you specifically acknowledge that Dr. Reddy’s has the right to terminate or suspend your account in the event that we determine, at our sole discretion, that you have violated this Agreement, including participating in any activities that adversely affect other users’ experiences. Unless we have expressly agreed to otherwise, we are not obligated to provide you with the reason for suspending or terminating your access to our Services. You agree not to use the Services if you have been previously removed or banned by us.
(ii)
If you violate this Agreement, your permission to use the Software and Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Software or Content. Your records containing your Personal Data are available in accordance with our Privacy Policy. Termination will not limit any of Dr. Reddy’s rights or remedies at law or in equity.
(iii)
Dr. Reddy’s may also suspend or terminate your access if we have reason to believe that you have violated or may have violated another’s intellectual property rights.
(iv)
You acknowledge and agree that the Software is under development and will continually change as Dr. Reddy’s may determine from time to time. Dr. Reddy’s reserves the right to terminate any portion of the Software or any Services related to the Software at any time.
(v)
We reserve the right to terminate your access to Dr. Reddy’s Application if you do not make payment or violate any of the terms of this Agreement.
(i)
Dr. Reddy’s reserves the right to modify this Agreement at any time and for any reason. Dr. Reddy’s will post the most current version of this Agreement at www.dailybloomibs.com
(ii)
Notwithstanding the foregoing, you are responsible for complying with the updated terms posted online at Dr. Reddy’s website even if these updated terms appear online at Dr. Reddy’s website before being posted on the Application. Your continued use of the Platform after Dr. Reddy’s publishes notice of changes to this Agreement indicates your consent to the updated terms.
You agree that Dr. Reddy’s’s licensors referenced in the Software are third-party beneficiaries of this Agreement, and may enforce this Agreement as it relates to their intellectual property. Sections of this Agreement which by their nature survive expiration or termination of this Agreement shall survive according to their terms.
15.
PAYMENT, FEES AND TAXES
We may offer paying subscriptions to our Service. If you purchase a subscription for Dr. Reddy’s Application, you agree to pay the charges for the subscription (“Fee”) on a monthly basis. We may also offer subscriptions in multi-month packages, such as a three-month or six-month subscription. Applicable Fees are detailed on the Site.
You as the purchaser agree to pay all subscription fees applicable to your use of Dr. Reddy’s Products and services and can be executed through different means including (but not limited to) credit and debit cards, third-party payment services, payment wallets and gateways.
The charges for any Dr. Reddy’s products or services may attract taxes, cess or any other charges as levied by competent authorities in a given region. These additional charges shall be borne by You and shall be paid at the time of purchase. You shall be solely responsible for payment of all taxes, legal compliances, statutory registrations and reporting. Dr. Reddy’s is in no way responsible for any of the taxes except for its own income tax.
Each User understands and agrees that Dr. Reddy’s uses third party payment gateways and support services to process online fee payment. Dr. Reddy’s is not responsible for any loss or damage caused to any User during this process as these third parties are beyond the control of Dr. Reddy’s. You are responsible for providing valid payment information (for any of the payment means including but not limited to those mentioned above) at the time you purchase any Dr. Reddy’s plan, products and services.
In order to process the payments, Dr. Reddy’s and/or third party payment partners may require the details of your bank account, credit card number, etc. You agree that Dr. Reddy’s may pass your payment information and related personally identifiable information to its designated third party payment providers for their use in charging you for appropriate services utilized. The ultimate responsibility of payment lies with you.
Dr. Reddy’s reserves the right to modify or terminate membership plans, change prices, or institute new charges for any product or service at any time.
16.
CONSENT TO ELECTRONIC COMMUNICATIONS AND INFORMATION YOU PROVIDE
(i)
By providing Dr. Reddy’s with your email address, you consent to receive unencrypted and unsecured email communication from us; however, you may be directed to your dashboard to view your health or other sensitive data. You agree that any notices, agreements, disclosures, or other communications that Dr. Reddy’s provides to you by email satisfy any legal communication requirements.
(ii)
Dr. Reddy’s has the right, but not the duty, to monitor your use of the Platform, including any information you provide. The Platform provides you the option to communicate with Dr. Reddy’s through email, text, or through messaging in the Platform. This option is provided solely for your convenience, and it may not be secure. Any information you send to Dr. Reddy’s by email may be misdirected or intercepted by unintended recipients, and thus it may not constitute a confidential medium of communication. If you have confidentiality concerns, please consider using an alternative mode of communication and do not transmit any sensitive or confidential information to us via email. By using email, you agree that Dr. Reddy’s is not responsible for the privacy of any email messages. Dr. Reddy’s does not warrant the confidentiality or security of any email transmission.
(iii)
You are responsible for all information you send through the Platform. This means that you agree not to transmit information that is illegal, threatening, libelous, defamatory, obscene, ethnically or racially offensive or discriminatory, profane, invades the privacy of another person, or any other information that violates any law or confidentiality agreement. Dr. Reddy’s may edit, delete, modify, or ban such information and take necessary legal action.
17.
SUBMISSION OF INFORMATION
(i)
If you send any ideas, suggestions, materials, concepts, or other information relating to Dr. Reddy’s Application (collectively “Information”) to Dr. Reddy’s, Dr. Reddy’s owns all right, title, and interest in the Information. This means that Dr. Reddy’s will have unrestricted use of the Information for its business and commercial purposes. Dr. Reddy’s will not compensate you for the Information and will not be liable to you or any other provider of the Information.
(ii)
If you send Information to Dr. Reddy’s, you agree: (i) to waive your rights in any Information; (ii) to warrant that it is original to you; (iii) that you have the right to submit it to Dr. Reddy’s; and (iv) that the Information does not infringe or misappropriate any proprietary right of any third party.
(iii)
Dr. Reddy’s is not obligated to maintain the confidentiality of any Information submitted, and Dr. Reddy’s disclaims any liability that may result from its disclosure of any Information submitted by you.
(iv)
You further agree not to:
(a)
Transmit any Information that contains any viruses or other computer programming routines that may damage, interfere with, intercept, or take any system, data, or personal information;
(b)
Impose an unreasonably large amount of Information on Dr. Reddy’s Application or otherwise interfere with or inhibit any other user from using or enjoying Dr. Reddy’s Application;
(c)
Access, use, or copy any portion of the Platform using automated mechanisms, such as bots, spiders, scrapers, web crawlers, or indexing agents; and/or
(d)
Impersonate another person or allow any other person or entity to use your identification for interacting on Dr. Reddy’s’ social media, as defined in its privacy policy.
(i)
Dr. Reddy’s, the Dr. Reddy’s logo and other Dr. Reddy’s trademarks, service marks, graphics, and logos used in connection with the Platform are trademarks or registered trademarks of Dr. Reddy’s and/or its Affiliates in various jurisdictions. You are not granted any right or license with respect to any of the aforesaid trademarks and any use of such trademarks. Further, all copyright in and to the Platform and/or the content is the copyright of Dr. Reddy’s and/or its licensors and content providers. All such copyright and marks are protected under applicable copyright, trademark, and other domestic and international proprietary rights laws. The unauthorized copying, modification, use or publication of the Platform, content and these marks is strictly prohibited. Any violation of copyright and other proprietary laws may result in severe civil and criminal penalties, including monetary damages.
(ii)
All content on the Platform shall be the sole property of Dr. Reddy’s Laboratories Ltd. and protected by Indian copyright laws to the extent applicable. All legal right, title or interest to the trademark, logo, service marks, graphics used herein shall vest solely and exclusively in Dr. Reddy’s Laboratories Limited. Your use of the Platform grants you no right or license to reproduce or otherwise use any content herein or the trademarks of Dr. Reddy’s or any third party.
19.
DISCLAIMER OF LIABILITY, NO WARRANTY, AND OPERATION OF PRODUCTS
(i)
all information in Dr. Reddy’s application is provided on “as is” basis. accordingly, Dr. Reddy’s makes no representations, and no express or implied warranties of any kind, concerning Dr. Reddy’s application or content or any linked website. to the full extent permitted by law, Dr. Reddy’s disclaims all warranties (express or implied), including but not limited to warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
(ii)
Dr. Reddy’s gives no warranty as to the accuracy, reliability, completeness, currentness, timeliness, or availability of Dr. Reddy’s application, the site, the services or any of the service providers, and the content or of any linked website.
(iii)
in no event shall Dr. Reddy’s be liable to you or any third party for any damages arising from or related to use, misuse, or omission to use, the Dr. Reddy’s application, including, but is not limited to, direct, indirect, special, consequential, compensatory damage, incidental damage, lost profits or data, damages to your computer resulting from viruses, loss of or damage to other property, claims of third parties, or copying or display of the website, the services, and the content or Dr. Reddy’s application. Dr. Reddy’s is not liable, regardless of whether Dr. Reddy’s has been advised or knew or should have known of the possibility of such damages or claims. your sole and exclusive remedy against Dr. Reddy’s is to stop using dr. Reddy’s application.
(iv)
Dr. Reddy’s makes all reasonable efforts to keep Dr. Reddy’s Application operational and available for access on a 24-hour-a-day, seven-day-a-week basis. This is occasionally subject to scheduled downtime for maintenance purposes, unscheduled maintenance, and system outages.
You agree to indemnify, defend and hold harmless Dr. Reddy’s, its affiliates, partners, officers, directors, employees, consultants, service providers and agents from any and all third-party claims, liability, losses, damages and/or costs (including, but not limited to, attorneys fees) arising from your use of the Service or any Dr. Reddy’s Application, our reliance on the information, instruction, license and/or authorization provided by you under or pursuant to this Agreement, your violation of this Agreement, or your infringement, or infringement by any other user of your accounts, of any intellectual property or other right of any person or entity.
21.
LIMITATION OF LIABILITY
(i)
In no event, including but not limited to negligence, shall Dr. Reddy’s, or any of its directors, officers, employees, agents (collectively, the “Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Platform or the content, materials and functions related thereto, even if such parties has been advised of the possibility of such damages. In no event shall Dr. Reddy’s be liable for:
(a)
provision of or failure to provide all or any service by any third party partner to an end User contacted through the Platform;
(b)
any unauthorized access to or alteration of data or content for no fault of Dr. Reddy’s
(ii)
Dr. Reddy’s Laboratories Limited disclaims all and any liability for any harm or damages resulting from your access or use of this Platform and/or any action taken or omitted to be taken upon reliance on any of its contents. In particular, Dr. Reddy’s Laboratories Limited does not make any warranties or representations of any nature whatsoever, including the accuracy or completeness of the content placed on this Platform. Dr. Reddy’s Laboratories Limited shall not be liable for any damages to your computer equipment or other property on account of your use, access, browsing download of the Platform or any content herein. If you are dissatisfied with the Platform, your sole remedy is to discontinue using the Platform.
The terms of the Dr. Reddy’s offerings through the Platform is governed by the laws of India and the courts at Hyderabad shall have exclusive jurisdiction over any disputes arising out of or in relation to the use of the Platform and/or the Dr. Reddy’s products and/or services or the information to which it gives access.By proceeding to use the Platform and accessing its contents, you agree that you have read and fully understood the above and that you agree to abide by the foregoing as a condition of your use and access to this Dr. Reddy’s offerings We use cookies to enhance your experience. By continuing to visit this Platform you agree to our use of cookies.
The Software may also act as a notification system with respect to specific events that may be detected by a biometric device you own or control that is connected to the Software. Do not use the Software as a substitute for the direct monitoring and verification of specific events. Dr. Reddy’s is not responsible for your biometric device, including its accuracy, security, completeness, timeliness, validity, copyright, compliance, legality, decency, quality or any aspect thereof. Information that we and/or your Sponsor receives from your device will be considered Content.
The third party device manufacturers of your biometric device may require you to read or consent to the device manufacturer’s terms of service, privacy policy, or other user agreements (the “Manufacturer User Agreements”), and they may prevent you from connecting your device to the Software without first consenting to those agreements. By using the Services, you agree to comply with the terms of the Manufacturer User Agreements.
Dr. Reddy’s may from time to time in its sole discretion develop and provide Software updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality.
You agree that Dr. Reddy’s has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Device settings, when your Device is connected to the internet either: (a) the Software will automatically download and install all available Updates; or (b)you may receive notice of or be prompted to download and install available Updates.
You shall promptly download and install all Updates and acknowledge and agree that the Software or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.
25.
CONSENT TO ELECTRONIC COMMUNICATIONS AND SOLICITATION.
By downloading the Application, you authorize Dr. Reddy’s to send you (including via email and push notifications) information regarding the Services and the Application, such as: (a) notices about your use of the Services, including notices of violations of use; (b) updates to the Services and new features or products; and (c) promotional information and materials regarding our products and services.
You can review your account notification settings and adjust your messaging preferences, including opting-in to additional messages or unsubscribing to certain messaging through the Application settings.
Notices to you hereunder shall be sent to the email address provided by you when you registered to download and install the Software. Notices to Dr. Reddy’s shall be sent to the attention of the Legal Department at Dr. Reddy’s Laboratories Ltd. Each party may change such address upon written notice to the other party.
27.
GOVERNING LAW & DISPUTE RESOLUTION
Except in cases of exclusive jurisdiction of applicable local laws or where expressly prohibited by applicable laws, this EULA, its subject matter and its formation, are governed by Indian law. You and we both agree that the courts of Hyderabad will have non-exclusive jurisdiction.
Notwithstanding the foregoing, Dr. Reddy’s may seek injunctive or other equitable relief to protect its Confidential Information and intellectual property rights or to prevent loss of data or damage to its servers in any court of competent jurisdiction.
28.
GEOGRAPHIC RESTRICTIONS
The Content and Services are based in the India and provided for access and use only by persons located in India. You acknowledge that you may not be able to access all or some of the Content and Services outside of the India and that access thereto may not be legal by certain persons or in certain countries. If you access the Content and Services from outside India, you are responsible for compliance with local laws.
This Agreement and any rights and licenses granted hereunder may not be transferred or assigned by you without Dr. Reddy’s’s prior written consent but may be assigned by Dr. Reddy’s without restriction. Any assignment attempted to be made in violation of this Agreement shall be void. This Agreement shall be binding upon and inure to the benefit of the parties hereto, and their permitted successors, heirs, and assigns. You may not sublicense, delegate, assign or otherwise transfer this Agreement, the license granted herein, or any other of your rights or obligations under this Agreement, in whole or in part.
30.
EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Agreement that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks (“Event Outside Our Control”). If an Event Outside Our Control takes place that affects the performance of our obligations under this Agreement: (a) our obligations under this Agreement will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and (b) we will use our reasonable endeavours to find a solution by which our obligations under this Agreement may be performed despite the Event Outside Our Control.
(a)
Customer Support: Any enquiries you may have about Our products or services or if You need assistance with the Platform,You may write to Us at bloomadmin@drreddys.com.
(a)
This Agreement and the Privacy Policy represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. Dr. Reddy’s reserves the right, at its discretion, to change, modify, add or remove portions of this EULA provided that in case of any material changes which impacts the rights and obligations of the End User. Subject to requirements of express consent under any applicable data privacy laws which we comply with, your continued use of the Platform after we make changes is deemed to be acceptance of those changes, so please check the applicable EULA and/or policy(ies) periodically for updates. If any provision of this EULA is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the remaining provisions of this EULA shall not be affected.
(b)
Your continued use of the Application after Dr. Reddy’s publishes notice of changes to this Agreement indicates your consent to the updated terms.
32.
COMPLETE AGREEMENT; SEVERABILITY
This Agreement supersedes all proposals, oral or written, all negotiations, conversations, discussions, agreements, and all past course of dealing between you and Dr. Reddy’s relating to the Software or the terms of its license to you, and may only be modified in writing signed by you and Dr. Reddy’s. In the event any term of this Agreement is held by a court of competent jurisdiction not to be enforceable, such unenforceability shall not affect the remaining terms of this Agreement in such jurisdiction or render unenforceable or invalidate such terms and provisions of this Agreement in other jurisdictions. Upon such determination that any of the terms or provisions of this Agreement are held to be invalid under any applicable statute or rule of law, they shall be severed from this Agreement and the remaining provisions of this Agreement shall be interpreted so as best to reasonably effect the intent of the parties and the parties agree to replace any invalid or unenforceable provisions in a mutually acceptable manner in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible. No waiver of any right or obligation contained herein shall be given except in writing signed by the party against whom the waiver is sought to be enforced.
This Agreement, licenses, and Registrations may not be transferred or assigned by you.
By using Dr. Reddy’s Application, you agree that: (i) if any provision of this Agreement is held to be unenforceable, then that provision will be modified to the minimum extent necessary to make it enforceable, unless that modification is not permitted by law, in which case that provision will be disregarded; (ii) that if an unenforceable provision is modified or disregarded in accordance with this paragraph, then the rest of this Agreement will remain in effect as written; and (iii) that any unenforceable provision will remain as written in any circumstances other than those in which the provision is held to be unenforceable.
If you have any questions about this license agreement, please contact bloomadmin@drreddys.com.
Copyright © 2023 Dr. Reddy’s Laboratories Ltd. All rights reserved.
*** YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. ***
