Welcome to Lyfe, an initiative of Lupin Digital Health Limited (“Lupin Digital”) wherein patients suffering from Coronary Artery Disease (“CAD”) and/or Acute Coronary Syndrome (“ACS”) or Heart Failure (“HF”) are provided with customized solutions based on status of the patient’s medical health Lyfe (“Platform”) which is owned and managed by Lupin Digital, offers several customized services at an agreed upon subscription fee (“Services”). Considering the need for digitization in most aspects of one’s life, the Platform provides a space wherein patients have an option to connect with their Registered Medical Practitioner (“RMPs”) as also dieticians, nutritionists, physiotherapists, nurses or any other allied health care professionals (hereinafter collectively referred to as “Health Care Professionals”) and the Nerve Centre (defined below) to better monitor their treatment and avail various services offered on this Platform.
1.1 These Terms and Conditions (“T&C”) sets out eligibility criteria of the Subscribers, the conditions of use and certain obligations, which shall be applicable to anybody who downloads and seeks to use the Platform (“Users” or “You”). These T&Cs also sets out the manner in which the Users’ information will be collected, generated, stored, used, handled and or transferred or shared with the consulting RMP’s, health care professionals or such third parties for better performance and management of the Services on this Platform.
For the purpose herein:
“Health Care Professionals” shall mean qualified medical practitioners engaged to provide specialized services including but is not limited to dieticians, nutritionists, physiotherapists, nurses or any other allied health care professionals, whose services are offered via this Platform.
1.2 The Platform can be accessed on mobiles or tablets by downloading the application from Google Play store, Apple App Store.
1.5 This Agreement is subject to revisions and modifications as determined necessary by Lupin Digital to secure, protect and or update the User of any new features and or services etc. Any changes to the Agreement shall be communicated to the Subscribers by email and or by way of a pop-up message featuring on the Platform. It is Users’ responsibility to go through the modified/amended Agreement. Your continued use of the Services shall be construed your acceptance of the changes.
1.6 By clicking a button or checking a box marked “I Accept” after downloading the Platform, signifies that you have read, understood, and agree to be bound by the Agreement and any amendment or modification made subsequently and communicated to you as afore stated.
2 Intellectual Property Ownership
2.1 Lupin Digital is the owner of the Platform and owns all proprietary rights of whatsoever nature including but not limited to all intellectual property rights, such as trademarks, tradenames, copyright with respect to the Platform, specifically excluding the content, weblinks and information with reference to information of the RMPs, hospitals, diagnostic labs, agents, pharmacies, device manufacturers (whose connected/ wearable devices (“Devices”) are used by Patients for monitoring their vitals) and any such other third parties whose Services are sought for better performance of this Platform.
2.2 The T&Cs are published in compliance with, and shall be governed by the provisions of applicable laws, including but not limited to the Indian Contract Act, 1872, the Indian Information Technology Act, 2000, the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), the Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”), the Drugs and Cosmetics Act, 1940 and the Drugs and Cosmetics Rules, 1945, the National Medical Commission Act, 2019, and the Pharmacy Act, 1948, the Telemedicine Practice Guidelines and any of its rules, regulations and guidelines framed thereunder including any and all amendments made thereafter.
3.1 By using/ accessing the Services of the Platform, Users/Subscribers represent and confirm that they have the capacity to enter a legally binding contract under the Indian Contract Act, 1872. The Users/Subscribers further represent and confirm that they are above 18 (eighteen) years of age and that he/she shall provide identity and or documentary proof such as Aadhaar Card, PAN Card, etc. to verify the same, if requested for. You consent that the documents submitted at the time of registering yourself on this Platform is accurate, correct, and valid.
3.2 In case the Patient is a minor, then the Platform will have to be accessed/ used by a Guardian of the Patient who is above 18 years of age and has the capacity to enter a legally binding contract under the Indian Contract Act, 1872.
3.3 The Caregiver shall always be above 18 years of age and shall have the capacity to enter a legally binding contract under the Indian Contract Act, 1872. At the time of registration, the Patients can add or remove the Caregiver on this Platform. Should the Patient desire to change the Caregiver, the Patient can update details of the Caregiver on the Platform or shall contact the Nerve Centre (defined below) and provide the details of an alternate Caregiver.
4 Key Features of the Platform
4.1 The Platform offers a broad range of services to its Subscribers:
4.2 Nerve Centre. The Platform is managed by dedicated team of Lupin Digital known as the (“Nerve Centre”) that will provide the requisite guidance for use of the services offered and availed from the Platform to Subscribers and also aid in monitoring and tracking health status of the Patients. At the time of onboarding, the Subscribers will be given a complete description of the Services. The Patient shall be informed on how the Platform can be accessed and how it will work. The Subscriber shall provide his/her consent to the onboarded RMP, whose medical consultation is sought vide the Platform and shall also confirm and accord permission to the representatives of the Nerve Centre to co-ordinate with his/her RMP for the creation of a health profile and customization of a heart care package that the Patient would access vide this Platform, basis which the Patient’s health will be monitored on a regular basis. The Nerve Centre will assist the Subscribers in availing the Services subscribed for on the Platform.
4.3 Coaches. The various Health Care Professionals whose services are availed of by the Subscriber, shall have access to the Patient’s file, for the sole purpose of aligning their advice and services to be given to the Patient in line with the instructions/ directions/ advice/ medication prescribed by the consulting RMP of the Patient.
4.4 Automatic Integration of Vitals. Upon onboarding, Patients will be provided with certain Devices, which will record some key vitals of the Patients. Patients are expected to wear/use the Devices on a regular/ daily basis so that the readings are regularly updated on the Platform.
4.5 Dietary, Medication and Lifestyle Nudges. The Platform, through notifications, shall provide dietary and lifestyle nudges to Patients and shall send regular reminders to Patients for taking medicines as per RMP’s prescription. Actions taken by the Patients on the basis of behavioral nudges, alerts and reminders shall be manually updated by the Subscribers on the Platform. A complete record of the data manually uploaded by the Patient and that which is automatically updated on the Platform will generate an overall health status of the Patients and assist the RMP to review the progress of the Patients.
4.6 Auto Alerts. The Platform regularly obtains updates of the vitals of the Patients. In case of any deviation in the parameters pre-set by the RMP, an alert is sent. The Nerve Centre, RMP will make reasonable efforts to connect with you. These Auto Alerts are generated as “enablers” to notify the Subscriber of any untoward findings and or to re-take the readings. The Subscriber is advised to take all measures necessary to directly reach out to his/her RMP or the nearest Hospital for any urgent medical assistance. The Subscriber is further advised caution not to wait for response from the Nerve Centre or the consulting RMP, in case of red alert, but to immediately take necessary steps/arrangements to connect to the nearest Hospital.
Patients acknowledge that the Nerve Centre can monitor the Patients vitals only based on the Patients’ ability to judge their symptoms and provide accurate feedback to the Nerve Centre.. Booking of Diagnostic Test. The Platform shall also assist Patients to schedule diagnostic tests from a designated diagnostic centre. In case the Subscribers opt to schedule tests from any other centre other than designated centre(s) listed on this Platform, then the Patient shall be required to manually upload the test reports on the Platform. The Patient shall ensure that the test reports being uploaded on the Platform are less than 20 mb in size and if images, the same is less than 5 mb.
4.7 Assistance for Ordering Medicines. The Patient is free to available medicines offline. The Nerve Centre offers its services to assist the Patient desiring a refill of their prescription from designated pharmacies. The Nerve Centre will assist the Patient in ordering the medicines as also forwarding the e-prescription to the pharmacy. Upon receipt of the full/partial order and confirmation of the availability of the medicines by the Patient from the pharmacy
4.8 Continuous ECG Monitoring Services. If and when recommended or advised by the consulting RMP vide a prescription to perform remote continuous ECG monitoring, the Nerve Centre shall connect with the Subscriber and assist in booking the ECG Monitoring Services for the Subscriber. The Subscriber is advised to follow all instructions provided by the assistant strictly. The ECG monitor provided is purely for providing the services and the ownership of such device shall not be passed on to the Subscriber. The ECG monitor affixed on the patients’ body for generating the reading must be handled with care and must not be removed for the duration set. It is the sole responsibility and liability of the Subscriber to ensure that the ECG monitor whilst in his/her possession is kept secure and returned promptly to the assistant.
4.9 Teleconsultation. The Subscriber will have an option of scheduling a teleconsultation appointment with/ without Nerve Centre’s assistance to take appropriate and timely action. Patient can use Nerve Centre assistance to schedule/re-schedule/ edit any booked tele-consult appointment with their consulting RMP’s as also dedicated Health Care Professionals.
The Subscribers shall be given an option to schedule appointments with the Health Care Professional through the Platform. Nerve Centre officials shall assist Patients in booking appointments with Health Care Professionals. The Patient shall be required to share with their dedicated Health Care Professionals, earlier prescriptions of the RMP before initiating the discussion as the guidance of the Health Care Professionals is subject to the overall advice provided by the RMP. The Nerve Centre officials will endeavor to provide, on a best-efforts basis, requisite assistance to Subscribers in this regard. However, Lupin Digital nor the Nerve Centre officials shall be held liable in case scheduled appointment is cancelled and/or re-scheduled. Such cancellation shall be reflected on the Platform and the Patient shall have the option to re-schedule the appointment with/without the help of Nerve Centre.
4.11 Emergency Services. In case of an emergency, the Nerve Centre, shall, on a best-efforts basis, assist Patients to facilitate booking of an ambulance service during working hours. However, Lupin Digital nor its Nerve Centre shall be held responsible or liable in the event of any delay or deficiency in service of such service providers offering such services directly to the Subscriber vide this Platform. The Subscriber is advised caution and is free to make his/her own arrangements to immediately reach to the nearest Hospital in an emergency. Since these services are not under the control of Lupin Digital and its Nerve Centre, the Subscriber must satisfy himself/herself, before availing the service from the service provider with regards to the kind of service, the features, staff, and fee. Should the Subscriber proceed with availing the services from such service provider, the Subscriber and the service provider will be deemed to have entered into a separate contract amongst them and acknowledges that Lupin Digital is not privity to such contract.
All payments will be charged in Indian Rupees (INR), shall be inclusive of applicable taxes, and shall be payable upfront, through cash or online payment methods, at the time of onboarding to the Platform. While making the payment, the Users may be redirected to third party payment gateways to enable them to make the payment.
6 Cancellation and Refund Policy
Lupin Digital does not have a cancellation and or refund policy. However, in exceptional circumstances namely, death of the Patient or their consulting RMP leaving the Platform, or should the Patient no longer be able to avail the services of their consulting RMP via the Platform due to either the RMP’s declining to provide his/her services, a proportionate refund may be given. The amount to be refunded to the Patient shall be determined upon receipt of a request for a proportionate refund net of applicable taxes raised by the Subscriber on the Platform. Lupin Digital reserves the right to determine the final amount, if any, to be refunded to the Subscriber and in case of any concern regarding the refund amount, the Subscribers can reach out to Nerve Centre. The refund will be issued to the Subscriber within 10- 12 working days after the documents are received, verified and the refund process is completed to Lupin Digital’s satisfaction.
The consulting RMP or the Patient can cancel or re-schedule a teleconsultation an hour before the start of the teleconsultation.
If the Appointment is cancelled 60 minutes before the scheduled teleconsultation:
Upon such cancellation, the Subscriber is entitled to a refund irrespective of who has cancelled the teleconsultation. Upon receipt of a request from the Subscriber on the Platform., the refund will be issued to the Subscriber within 10- 12 working days.
However, if the teleconsultation was part of the bundled subscription package, the Subscriber/ Patient will be able to re-schedule the cancelled teleconsultation, in which instant there will be no refund.
If the Appointment is cancelled within the last 60 minutes before the start of the teleconsultation: There shall be no refund given to the Subscriber unless such cancellation was due to the RMP’s unavailability to join.
Orders once confirmed and paid for by the Subscriber to the pharmacy, cannot be cancelled.
In case of any cancellation prior to payment done by the Subscriber, no cancellation charges shall be levied. The Subscriber shall be entitled to return the medicines within 24 hours of delivery, provided the same has not been tampered with, damaged, broken or opened.
In case, the Subscriber wants to return medicines post-delivery, for no cause attributable to pharmacy, GST and other applicable taxes and delivery charges shall be deducted from the total invoice amount, as cancellation charges. The pharmacy shall process all refunds directly to the Subscriber within 72 hours, after confirmation of return of the medicines in good condition by pharmacy to the Patient/Nerve Centre, subject to cancellation charges. Temperature controlled products (storage below 8 Degree Celsius) cannot be returned, and no refund will be provided.
Booked Diagnostic Test.
The Subscriber shall have an option to cancel the diagnostic services availed on the Platform within one hour prior to the sample collection. The Subscriber will contact the Nerve Centre regarding cancelling or re-scheduling diagnostic services booked via this Platform. The Nerve Centre will assist you for cancelling and re-scheduling the same. Any refund for pre-booked services that is not part of your subscribed package, and otherwise availed, will be processed for refund directly by and as per the refund policy of the diagnostic service provider.
Booked Emergency Services.
Lupin Digital and its Nerve Centre is merely facilitating the service and any cancellation of a pre-booked service must be promptly notified by the Subscriber to the service provider directly.
Booked ECG Test
The Subscriber shall have an option to cancel the services availed on the Platform. The Subscriber will contact the Nerve Centre regarding cancelling or re-scheduling diagnostic services booked via this Platform. The Nerve Centre will assist you for cancelling and re-scheduling the same.
7 Grievance Officer
7.1 In case the Patient is experiencing any difficulty in accessing or using the Platform or needs any clarity in respect of the Services available on the Platform they can reach out to the Grievance Officer.
7.2 The Subscriber shall be required to raise a query on the Platform or notify the same to Grievance Centre/Officer at firstname.lastname@example.org, within a period of two (2) working days from the date of the event.
7.3 The Grievance Officer shall take appropriate steps to respond to the same within reasonable timelines.
7.4 In case the Patient faces any issue with the Devices, the Patient shall contact the Grievance Officer for an appropriate redressal.
8 Subscriber’s Obligations while using the Platform
a) Subscribers shall ensure that he/she regularly updates their vital on the Platform.
b) Subscribers shall not be able to transfer/ assign the Services availed on this Platform to any person or party.
c) Subscribers shall not use the Services for any unlawful purpose, or to solicit others to perform or participate in any unlawful acts.
d) Subscribers shall not infringe upon or violate the intellectual property rights and privacy laws of Lupin Digital or any of the third parties.
e) Subscriber shall not make any derogatory statements in any social media or any other public platform or act in a manner to harass, abuse, insult, harm, slander, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; or defame, disparage, mislead public or harass Lupin Digital or the Nerve Centre representatives or any person or party.
f) Subscribers shall not attempt to access the data of any other Subscriber nor attempt to scan nor copy information available on the Platform.
g) Subscriber shall not transmit or upload any virus, defects, and trojan or any other malicious codes nor such other items to destruct nor disrupt the working of this Platform or it functionality or operation of the Services or of any related website, other websites or platforms or the Internet or to gain undue access to the confidential information stored on this Platform.
h) Subscribers shall not spam or send unwanted messages to other Subscribers or Users of this Platform.
i) Subscribers will not create false accounts and attempt to make use of fraudulent ways to book/ avail Services or submit false or misleading information
Subscribers shall ensure that feedback given in response to questions or specific queries of the Patients’ vitals, symptoms or tests etc. is accurate, complete, and truthful. Patients will follow instructions provided with respect to the 6 Minute Walk Test (6MWT) on the Platform
j) Subscribers are free to give feedback in respect of their interaction with the Nerve Centre Professional. However, they shall ensure that this feedback is not harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, or libelous in any manner. Further, Subscribers should ensure that the feedback is not invasive of any other person’s privacy, or otherwise contains any elements that is hateful, racially, or ethnically objectionable, disparaging, or otherwise unlawful in any manner whatever.
Lupin Digital reserve the right to terminate your use of the Service or the Platform or any related website for violating any of obligations set forth above and or the prohibited uses.
9.1 Lupin Digital is only acting as a ‘facilitator’ for the services sought to be availed by the Subscribers, be it for booking a teleconsult with his/her RMPs, or for aiding in placing orders for medicines or diagnostic tests etc. through the Platform. Lupin Digital shall not be held liable or accountable for any default, delay, or deficiency of such Services from the actual service provider. Lupin Digital shall not be responsible in the event of any cancellation of the appointments or its re-scheduling or made accountable for any malfunction or erroneous readings received through the Devices, which Device is in the exclusive use, and control of the Subscriber.
9.2 Lupin Digital shall ensure that all third parties associated with the Platform provide the best possible services, however Lupin Digital cannot ensure or enforce such third parties to provide services in a timely manner. In case Subscribers have any issue/ grievance regarding the services offered by the third parties, they shall reach out to the Grievance Centre, mentioned above.
9.3 Lupin Digital may put further terms and conditions on specific Services from time to time and reserves the right to amend, modify and cancel any of the terms already existing in the Platform at any given date. Any changes will be duly notified to all Subscribers through pop-ups and system updates.
9.4 Lupin Digital is making every effort to ensure that it provides the best Services in the interest of the Patients. However, to be able to do so, Lupin Digital requires timely receipt of accurate, complete and truthful information and feedback of the readings of Patients’ vitals and symptoms being experienced by the Patient. The Subscriber/Patient is aware that Lupin Digital will be relying solely on such feedback, and if the same is not communicated clearly and accurately, the feedback or assistance provided on the Platform or by the Nerve Centre can be inaccurate. Lupin Digital disclaims all responsibility and liability due to non-adherence to instructions given, misrepresentations and or non-receipt of correct, accurate and timely information
9.5 The Platform and Services are provided on an “as is” basis without warranty of any kind, express, implied, statutory, or otherwise, for a particular purpose. Without limiting the foregoing, Lupin Digital makes no warranty, implied or otherwise that (i) the Platform or the Services will meet Subscriber’s requirements or use of the Platform, or (ii) the Services will be uninterrupted, timely, secure or error-free (ii) the quality of the Platform, Services or other materials offered by Lupin Digital , will meet Subscriber’s expectations and (iii) provide no additional warranty for the Devices provided by Lupin Digital than what is offered by the Device manufacturer.
9.6 Lupin Digital shall give prior intimation to the Subscribers in the event of periodic maintenance operations during which the Platform may not be accessible. In the event of non-availability of the Platform due to any technical and/or technological issues, Patients are expected to reach out to their RMPs directly.
9.7 The Platform operates digitally, thus all data, images generated, received, uploaded, filed, stored and all communications, recordings, viz- video audio, including the Teleconsultations between the Subscribers and the RMP/ Nerve Centre Officials is recorded, anonymized, and kept confidential and is accessible to only the consulting RMP, Health Care Professionals, Nerve Centre for providing the Services to the Subscriber. In addition, data collated is accessed for the limited purpose of improving accuracy for the Platform’s algorithms.
9.8 The Subscribers hereby assumes all risk for any damage that may result from their access to, use or misuse of, or inability to use the Platform, their dealings with any medical practitioner or other user, and any or all content available through the Platform. The Subscribers agrees that they are solely responsible for any damage to property (including computer system or mobile device etc. used in connection with the Platform), or the loss of data that results from the misuse of the Platform or the download or use of any harmful material or content.
9.9 While the Platform facilitates access to the Services of RMPs, Lupin Digital cannot and does not diagnose or treat health conditions OR give medical advice. Lupin Digital provides no endorsement, representation, or warranty that any medication or treatment used by the RMP, is or will be safe, effective or appropriate for the Patient. During an emergency, the Subscribers must consult their RMPs.
9.10 The Platform consists of general healthcare information and in relation to any specific piece of such information, the Users are requested to defer to specific medical advice provided by their respective RMP and healthcare professionals.
9.11 In case Lupin Digital is made aware of any User attempting to hack the data stored on this Platform Lupin Digital will be entitled to investigate and seek legal remedy against such User.
9.12 To the maximum extent permitted by applicable law, Lupin Digital will have no liability related to User content arising under intellectual property rights, libel, privacy, publicity, obscenity, or other laws. Lupin Digital disclaims all liability with respect to the misuse, loss, modification, or unavailability of any User content.
10 Limitation of Liability and Indemnity
10.1 Users shall indemnify and hold Lupin Digital and its directors, employees, or officers harmless, from any and all claims, costs, expenses, judgments or losses as a result of any prohibited, unlawful and unauthorized use of the Platform by Users.
10.2 Lupin Digital will not be liable to any Users for any damages of any kind whatsoever, including but not limited to direct, indirect, incidental, consequential, or punitive damages arising from or connected with User’s access, use or inability to use the Platform.
10.3 Lupin Digital will not be liable to any Subscribers or Patients or their Caregivers or any third party, from all cost, expenses, losses or damages or medical negligence of any kind whatsoever, including but not limited to direct, indirect, incidental, consequential or punitive damages, resulting primarily from such Subscriber or Patient, or User or their Caregivers or any third parties’ own negligence, misconduct, misrepresentation or misinformation shared, disclosed or provided or uploaded, in connection with and for use of these Services.
10.4 The Devices as advised by RMP will be provided to the Patients. However, Lupin Digital will not be liable for any defect or services or warranty in relation to the Devices, once handed over to you, for your personal use and in your possession, if the same has been damaged or lost or broken. To the extent feasible, Lupin Digital will help facilitate any after sales services/ support for such Devices from the original device manufacturers, that it holds product warranties, and to the extent covered.
11 Confidentiality and Consents
The Nerve Centre shall access and retain the records of the Patients in the Platform, which will be used only to facilitate the Services for the Patient and the information retained in the Platform will be treated with utmost care and shall not be disclosed, divulged except in connection with the Services on a need basis post obtaining consent from the Subscribers. Such disclosures shall follow all data protection policies and standards as per applicable law.
The Platform shall collect Patient’s information, prescriptions and data collected or stored on the medical devices provided to the Subscribers which are connected to the Platform, either directly or indirectly from the applications of the Device Manufacturers, that the Subscriber may have to download. The collected information or data is intended to be used for providing the Services to the Subscriber on this Platform and to improve/ enhance the quality of Services. Similarly, the Platform shall also have access to personal information such as email address, name, and phone number of the Subscribers. By clicking on “I Accept”, Subscriber shall have provided his/her acknowledgement and consent for:
12 Service Downtime:
Lupin Digital endeavors to ensure that Lyfe has an uptime of 95%. However, to achieve the same, the Platform needs to be constantly upgraded, updated, and serviced. Lupin Digital undertakes to communicate all downtime activities that is required, to better its service performance to you.
a) Governing law– The Agreement shall be governed by Indian Laws and any dispute shall be subject to the exclusive jurisdiction of the Courts in Mumbai, India only.
b) Waiver– Failure by Lupin Digital to exercise any right/ remedy available under the T&Cs shall not be construed to be waiver of such right or remedy.
c) Force Majeure– Lupin Digital shall endeavor to provide complete Services to its Subscribers, however should Lupin Digital shall not be held accountable or liable on account of failure to provide any Service resulting due to a force majeure event such as an act of God such as fire, floods, acts of terrorism, weather, death, serious injury or other catastrophes, epidemics or quarantine restrictions, pandemics, lockdown imposed by the Government or any other local authority or change in applicable laws or other cause(s) beyond the reasonable control of Lupin Digital , not reasonably foreseeable, not caused by acts or omissions of Lupin Digital.