Terms & Conditions of Use
By completing and signing the Patient Enrollment Form and enrolling in the Pooja Online
Program you hereby agree to enter into a binding contract with Pooja Points Limited (hereinafter referred to
as the “Company”) on the following terms and conditions.
In these terms and conditions:
- Authorised Representatives
mean affiliates, respective officers, directors, employees, agents, partners and
licensors of the Company;
‘Personal Data’ means:
- any data (whether stored in an electronic or printed form) relating to a
living individual who can be identified
- from the data; or
- from the data and other information in the possession of, or likely to come into
the possession of the Company; or
- any data (whether stored in an electronic or printed form) pertaining to the
financial record of a living individual.
financial related services which include but are not limited to the following:-
- Creation of an online account via a mobile application software or a web login;
- Provision of electronic consumption record services which include uploading,
storing, and accessing records electronically;
- The transmission of records electronically between authorized representatives;
- Generation of anonymous statistical reports.
- ‘Software’ means the
mobile application, website, platform or systems developed and maintained by the Company
for the purposes of carrying out the Services;
Provider’ means any person i.e. individual or entity who has entered into an
agreement with the Company to provide the Services; and
means any person i.e. individual or entity who the Company has engaged to provide the
Obligations of the Company
- The Company will permit you to access, use and interact with the Software subject to these
terms and conditions.
- The Company shall:
- exercise reasonable care in compiling the Software; and
- use reasonable efforts to make the Software available to you at all times.
Exclusions and limitations
- The Company and its Authorised Representatives do not represent or warrant that access to
the Software, or any part of it, will be uninterrupted, reliable or fault-free.
- The Company and its Authorised Representatives do not represent or warrant to you that the
Software or any of its contents will be accurate, complete or reliable.
- The Company and its Authorised Representatives do not represent or warrant that the Services
(whether or not provided by the Company, any Third-Party Service Provider or any Third-Party
Supplier) will be provided with due care and skill.
- To the extent permitted by law, the Company and its Authorised Representatives exclude all
liability (whether arising in contract, tort or otherwise and whether or not due to the
Company’s negligence) which may arise as a result of:
- any technical, factual, textual or typographical inaccuracies, errors or omissions
on or relating to the Software or any information on the Software;
- the unavailability of the Software (or any part of it), or the Services;
- any delay in providing, or failure to provide or make available the, Services, or
any negligent provision of the Services; or
- any misrepresentation on or relating to the Software, or the Services.
- To the extent permitted by law, under no circumstances will the Company and its Authorised
Representatives be liable or responsible for any direct, indirect, incidental,
consequential, special, exemplary, punitive or other damages, whether based on contract,
warranty or negligence arising out of or in any way relating to the Software, your use of
the Software or its content.
- Each of the above exclusions or limitations shall be construed as a separate, and severable,
provision of these terms and conditions.
Links to other websites
Certain links, including hypertext links, included in the Company’s website will take you outside
of the website. Links are provided for your convenience and inclusion of any link does not imply
endorsement or approval by the Company of the linked site, its operator or its content. The
Company will not be responsible for the content of any website outside of the Company’s website.
The Company reserves the right at any
time without notice to revise the content of the Software and these Terms & Conditions of
Use. Any changes to these terms and conditions will be posted on the Company’s website and
by continuing to use our Software following any such change you hereby agree to be bound by
the revised terms and conditions.
- The use of your Personal Data
You agree that the
Company may collect, use, store, transfer, erase and destroy your Personal Data in
- Intellectual Property
All right, title and interest
in and to the design, text, graphics and other material on the Software and the content and
the structure, organization and arrangement thereof, are and remain the exclusive property
of the Company and/or the Company’s licensors and is protected by intellectual property law.
Under no circumstances will you acquire any ownership rights or other interest in the
design, text, graphics and other material on the Software and the content and the structure,
organization and arrangement thereof by or through your use of the Software.
- Personal and Non-Commercial Use Limitation
of the Software is for your personal and non-commercial use only. You may not modify, copy,
distribute, transmit, display, perform, reproduce, publish, license, create derivative works
from, transfer or sell any information, products or services obtained from the Software
PROVIDED HOWEVER THAT permission is granted to users to electronically copy or print
information pertaining to the user for their own personal and non-commercial use.
Accordingly, the Company grants you a limited license to access and use the Software solely
for your personal, non-commercial use, provided you do not modify the Software, its content,
or any copyright or other proprietary notices. In addition, you agree that you will not use
the Software in any manner that could damage, disable or impair the Software or interfere
with other users’ use of the Software.
- Compliance with Laws
As a condition of your use of
the Software, you warrant that you will not use the Software for any purpose that is
unlawful, offensive, interferes with the Software or any feature therein, infringes anyone’s
rights or is prohibited by these terms and conditions. You agree to comply with all
applicable laws regarding your use of the Software. You acknowledge that your unauthorized
use of the Software or any content may violate copyright laws and trademark laws, as well as
any applicable regulations and statutes.
The Company reserves the right in its sole
discretion to deny users access to the Software or any part of the Software without notice
and to decline to provide the Services to any user that is in breach of these terms and
- Events beyond the Company’s Control
shall not be liable to you for any breach of these terms and conditions or any failure to
provide or delay in providing the Services through the Software resulting from any event or
circumstance beyond the Company’s reasonable control including, without limitation, strikes,
lock-outs and other industrial disputes, breakdown of systems or network access, fire,
explosion or accident.
- Collection and Use of Non-Personal Data
- When you access the Software, the Company may collect Non-Personal Data from you.
“Non-Personal Data” means a data element of collection of data elements that by
itself cannot ordinarily be associated with a specific individual. Non-Personal Data
may include but is not limited to: the internet browser or computer operating system
you are using, your navigation of the Software, the amount of time spent on the
Software, the length and dates of your visits to the website, and certain data
captured through your interactions with the Software.
- The collected Non-Personal Data may be used by the Company for a variety of analytic
and developmental purposes including to improve and enhance the Software and the
Services, to customize your experience in using the Software, to provide
advertisements and other information to you about the Software and the Services and
to identify and/or offer additional software and services that may be of interest to
The Company shall have the right to
freely assign all rights, benefits, obligations or liabilities arising out of or in any way
relating to these terms and conditions or their formation.
- Applicable law and jurisdiction
These terms and
conditions (and any dispute, controversy, proceedings or claim of whatever nature arising
out of or in any way relating to them or their formation) shall be governed by and
interpreted in accordance with the laws of Jamaica and, for these purposes, the parties
irrevocably submit to the exclusive jurisdiction of the Jamaican courts.
- Data Ownership
In the event that the Company ceases
to operate for any reason whatsoever or the Pooja Online Program is discontinued for any
reason whatsoever or the agreement contemplated in the Patient Enrollment Form is terminated
for any reason whatsoever whether by the patient or by the Company it is understood and
irrevocably agreed that all personal data and all non-personal data collected by the Company
is owned solely by the Company.
If any of the provisions under
these terms and conditions are held to be invalid or unenforceable then the validity and
enforceability of the remaining provisions shall not be affected. For additional questions,
please contact us by telephone at [1-888-429-5765] or email us at [firstname.lastname@example.org.]