TERMS AND CONDITIONS

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE APP.

These Terms and Conditions constitute a legally binding agreement between you, whether personally or on behalf of an entity (“you”) and The Academy of Regional Anaesthesia of India (AORA) (“we,” “us” or “our”), concerning your access to and use of ‘AORA 4 U’ application (“App”). You agree that by accessing the App, you have read, understood, and agree to be bound by all of these Terms and Conditions. 

  1. Acceptance of Terms :
  1. In order to use the services provided by us or use the App, you must agree to the following terms and conditions. You may not use the App if you do not accept these terms.
  2. Creating an account within the App shall amount to your acceptance of these terms.

  1. Brief overview of services provided :

You understand and acknowledge that We are offering you this App for your own personal use as well as for purposes of data collection and analysis. The app allows you to create an account and record/enter data relating to regional anaesthesia cases performed by you on your patient/s. The data recorded/entered by you in the App will be stored and available in your App account for your reference. The data entered by you in the App will be stored and preserved in our database/servers and may be used / utilized for the purposes of statistical analysis and data interpretation. The data entered by you shall remain confidential and no personal details shall be released or published by the App, however the data entered by you may be accessed, utilized, modified and interpreted by AORA for the purposes of statistical analysis and such other purposes as required or deemed fit by AORA.  

  1. User Representations and Restrictions: By using the App, you represent, warrant and undertake that:

  1. You are a practicing doctor and a registered member of the AORA;
  2. All the registration information submitted by you is true, accurate and complete;
  3. You will maintain the accuracy of such information and promptly update such registration information as necessary;
  4. All the data entered/recorded by you in your App account is complete, accurate and correct and nothing material has been concealed or concocted;
  5. You agree to keep your App account password confidential and will be solely responsible for all use of your account and password;
  6. You undertake that in case you use the details/reports generated by the App based on the data recorded/entered by you, for any of your publications/meetings/conferences/presentations, etc., then you are solely responsible for the confidentiality of such reports/details and we shall not be held liable for such details/reports being placed in the public domain;
  7. You understand and agree that based on the data entered/recorded by you and other users, we generate/create statistics or data or information or figures, either with respect to particular individuals or a group of members, which will be used by us in any national or international analysis/review/survey. However, the statistics will not contain any personal data either of the doctors or patients, or related data from the databases; 
  8. You shall not decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application;
  9. You shall not make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application;
  10. You undertake not to violate any applicable laws, rules, or regulations in connection with your access or use of the application;
  11. You agree not to remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us in the App;
  12. You undertake not to use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;
  13. You shall not use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application; or
  14. You shall not use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application;
  15. As the App is built and works with the help of GPRS, the general charges applicable for GPRS services by your network service provider will be applicable. You acknowledge that any such data usage or GPRS charges shall be your liability and shall not be attributed to the App or to AORA under any circumstances.

  1. Rights of AORA 4 U: 

  1. We shall have the absolute right to access and use the data (excluding the personal identification details of you and your patients)  recorded/entered by you in the App, either in the same form as entered by you, or in any other form, such as numbers, figures, information, statistics, etc.
  2. As the data entered/recorded by you will be transferred to our servers exclusively for analysis purposes, we are entitled to edit or modify this data for our purposes (e.g. converting the data into another format, rounding up numbers, merging data), without providing a backup copy of the original data. You will be responsible for the availability and integrity of the original data as available in your App account.
  3. In case you cease to be a member of AORA or you are found to have breached any of the terms and conditions, then we reserve the absolute right to terminate/delete your account from the App without any notice to you. We further reserve the right retain the data stored in our servers that had been entered/recorded by you while using the App.

  1. Modifications/Amendments: We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions any time. If a revision is material we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

  1. Disclaimer: We do not warrant or represent that the App will always be correct, accurate, timely or otherwise reliable. You specifically agree that we shall not be responsible for unauthorized access to or alteration of your data in the App.

THE SERVICE AND THE SOFTWARE ARE PROVIDED "AS IS" AND THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY US, EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SERVICE INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT OR MERCHANTABILITY FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. WE DO NOT WARRANT THAT THE APP WILL MEET YOUR NEEDS OR BE FREE FROM ERRORS, OR THAT ERRORS WILL BE FIXED, OR THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT.

  1. Limitation of Liability: We shall not be liable to you or any third-party claimant for any direct, indirect, special, punitive, consequential (including, without limitation, lost revenue, profits or data collected through the service), or incidental damages, whether based on a claim or action of contract, warranty, negligence, breach of trust, breach of confidentiality, strict liability, or other tort, breach of any statutory duty, indemnity or contribution, or otherwise, even if we have been advised of the possibility of such damages.

  1. Privacy Policy: 
  1. We care about data privacy and security. We collect, and associate with your App account, information like your name, email address, phone number, AORA membership number and related details in order to create an account in the App. We receive and preserve data that is entered/recorded by you, to make it simple for you to access it for your future reference and record. To make that possible, we store, process, and transmit your data to our server. All the personal and sensitive data such as the unique identification details of your patients or hospitals or yourself entered/recorded by you in the App will be kept confidential. We will not disclose or use either your personal identification details or your patients’ details for any purpose other than for the usual course of the working of App. However, apart from the personal details of yourself and your patients, all the other data entered/recorded by you in the App will be stored in our servers and we will use such data and reports or details generated based on such data, for the purpose of analysis/review/survey.
  2.   No personal information of you or your patients shall be shared with any third party under any circumstances. However, the information entered by you may be stored, utilized and shared in the form of general statistics and may be used to analyze trends, developments, tendencies, efficiency etc.

  1. Indemnification: You agree to indemnify and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:

  1. Any breach of these Terms and Conditions;

  2. Breach of your representations and warranties set forth in these Terms and Conditions;

  3. Violation of any of our intellectual property rights;

  4. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it. 

  1. Governing Law and Jurisdiction: The disputes arising between the Parties from and out of these terms and conditions shall be governed and construed in all respects in accordance with the laws of India and in accordance with the local laws of Karnataka/ Bangalore. The courts at Bangalore shall have exclusive jurisdiction to entertain any dispute pertaining to or arising out of this Agreement. Any dispute arising out of or in relation to this agreement shall be referred to a Sole Arbitrator, at Bangalore. However, in order to expedite resolution and control the cost of legal proceedings, we shall negotiate any dispute informally for at least 15 days before initiating arbitration. Such informal negotiations shall commence upon written notice from one Party to the other Party.