TERMS AND CONDITIONS
JAI- Joint Airways Initiative (Jai) is a Patient support initiative by Lupin Limited (Lupin) developed for the purpose of educating Patients suffering from Asthma and Chronic Obstructive Pulmonary Disease (COPD) related ailments on use of Lupin’s inhalers and spread knowledge and awareness on managing respiratory diseases (Program). The Jai website (Platform) consists of valuable information researched by medical experts which may help Patients manage respiratory ailments.
1. Applicability
The Terms and Conditions (Terms) will be applicable on:
- a) anybody who access and uses the Platform (User)
- b) anybody who accesses, uses and subscribes to the services available on the Platform (Patient)
User and Patient are individually and collectively referred to as “You”.
2. Acceptance
By using/accessing the Platform, You represent and confirm that You have the capacity to enter into a legally binding contract under the Indian Contract Act, 1872 and that You are above 18 (eighteen) years of age and You are able to provide necessary documentary proof such as Aadhaar Card, Passport etc., to verify the same (if required).
The Terms constitutes a legal and binding agreement between you and Lupin and by accessing, using and/or registering and to the services available on the Platform, it is deemed that you have read, understood, and accepted the Terms, without limitation or qualification and agree to be bound by these Terms, the Privacy Policy and any amendments or modifications made to these documents, subsequently.
3. Users and/or Patients Obligations
a) You acknowledge that this Platform is strictly for your personal and non-commercial use and shall not be used for any other purposes whatsoever included but not limited to copying, reproducing, selling, leasing, distributing, licensing or making any derivative works of or relating to the Program and/or the Platform or any of the content contained therein. You agree not to decompile, reverse engineer or disassemble the Platform or any part of it either in whole or any portion of any component.
b) You shall not use the services for any unlawful purpose which could amount to violation of applicable laws and regulations.
c) You shall not infringe any copyright, trademark, trade secret or any other intellectual property rights and privacy policies of Lupin or of any third parties. You shall not make any derogatory statements in social media or any other public platforms or act in a manner to defame, disparage, mislead public or harass Lupin or any of the services provided under this Program.
4. Patient’s Eligibility to the Program
You will be eligible to receive the services under the Program if your doctor/healthcare professional has recommended You to join the Program and You upload requisite documents on the Platform.
5. Patient’s Onboarding Process Registration
a) Your doctor/healthcare physician will share a QR code and/or toll-free number with You. You may either reach out to the support team through the toll-free number or scan the QR code and access the Platform. You will be required to share details such as your complete name, phone no, preferred language for communication, date/time for demonstration request and your doctor’s prescription mentioning Lupin’s drug and complete the onboarding process.
b) Once all the documents are uploaded, the same will be reviewed by the support team and upon approval, You will be enrolled for the Program.
c) Once You have enrolled in the Program, the support team will reach out to You for scheduling a call for device demonstration.
d) Once the device demonstration is completed, the support team will provide additional assistance with respect to disease management if it has been recommended by your doctor. The disease management will cover pulmonary physiotherapy, dietary and yoga consultations which will be provided through scheduled consultations, booked by the support team.
6. Patient’s Obligation
a) Kindly ensure to timely upload/provide the requested documents/information and be available for the scheduled demonstrations/consultations. You will not be able to transfer/assign the services booked for yourself, i.e., one Patient to another.
b) You shall not attempt to access the data of any other Patient or attempt to scan or procure information available on the Platform or transmit any virus, defects and trojan to destruct/disrupt the working of the Platform or attempt to spam or send unwanted messages to other Patients/Users.
c) You will not create false accounts and attempt to make use of fraudulent ways to avail demonstration and the disease management services.
d) You are free to give feedback in respect of your interaction with the support team. However, You shall ensure that this feedback is not harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic or libelous in any manner. Further, please ensure that the feedback is not invasive of any other person’s privacy or otherwise contains any elements that are hateful, racially or ethnically objectionable, disparaging, or otherwise unlawful in any manner whatsoever.
e) You shall ensure to follow through adhere to the scheduled appointments and in the event the same is required to be rescheduled, You can contact the support team from 9:00 a.m. to 6:00 p.m. Monday to Saturday for rescheduling your appointment.
f) If You have any questions or reports of side effects/adverse events or product quality complaints about any Lupin product, please do write at dsrm@lupin.com with details about your concern, product name, as well as your contact details and country of residence. You can also call us at our toll-free number 1800 209 2505 between 9 am and 5:30 pm, Monday to Friday.
7. Grievance Cell
At any time, in case You are experiencing any difficulty in accessing or using the Platform or need any clarity in respect of the services available on the Platform, You may reach out to us from Monday- Saturday, 9:30 a.m. to 6:30 a.m. on 18002679820, WhatsApp on 8097586333 to speak to the customer care cell.
8. Confidentiality
a) Information disclosed by You shall be treated as confidential at all times and the same shall be used only for the purpose for which the information has been received. You are requested to disclose only that information which is requested on the Platform and Lupin shall not be responsible or liable, directly or indirectly, for the disclosure of any information to the support team or other third parties associated with the Program, which is not asked/called upon for the purpose of the Program.
b) The Platform may retain your records, which will be used only for the purpose of facilitating the services to You under the Program. Such information will be treated with utmost care and shall not be disclosed, divulged except in connection with the services on a need basis. Such disclosures shall follow all data protection standards as per applicable law.
9. Intellectual Property
Lupin’s names and logos including but not restricted to text and graphic referenced on the Platform are trademarks and copyrights of Lupin or its affiliates. Lupin’s Trademarks shall not be used in connection with any product or service that is not a Lupin product or service or in any manner that disparages or discredits Lupin. No reproduction of any part of the Platform shall be made nor is any part allowed to be modified or incorporated in any other work. Lupin reserves all rights pertaining to the Platform and shall in its sole discretion, refuse access to any section of the Program if Lupin believes that the Patients/User’s conduct violates applicable laws or is harmful to the interests of Lupin or for any other reason. Lupin reserves the right, in its sole discretion, to terminate your access to all or part of the Platform, with or without notice.
10. Disclaimer
a) No substitution to medical Advice- Lupin endeavors to provide the best possible support to You through a healthy lifestyle, proper medication, and counseling to manage respiratory ailments. However, You are advised to continue seeking medical advice and therapy from your doctor/healthcare professional and any part of the Program, including but not limited to psychological, dietary and yoga, does not intend to substitute medical advice. Lupin will not be liable for any direct or indirect loss suffered on account of substitution of medical advice from your healthcare profession with the services of this Program.
b) Force Majeure- Lupin shall endeavor to provide complete services as per schedule but failure to provide any service due to 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, not reasonably foreseeable, not caused by acts or omissions of Lupin shall not make Lupin responsible or liable for such failure.
c) Third Party Links References- It is quite likely that the Platform may contain links or reference to third party websites and may be provided for convenience. However, inclusion of any link to the website should not be considered as belonging to Lupin. Access to these links is solely at your risk and does not imply endorsement by Lupin of the information provided therein.
d) Uninterrupted Services – Lupin does not warrant that the Platform or any portion of the service, or content offered through the Program, will be uninterrupted, secure, or free of errors, viruses, or other harmful components, and does not warrant that any of those issues will be corrected. In the event of periodic maintenance operations during which the Platform may not be accessible, Lupin will not accept any responsibility. Lupin cannot and does not guarantee or warrant that the Platform is compatible with any computer system or that the Platform, or any links from the Platform, will be free of viruses, worms, trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your systems.
e) Attempt to hack data- In case Lupin is made aware of any User/Patient attempting to hack the data stored on the Platform or cause such violation, Lupin shall be entitled to institute an investigation and seek legal remedy against such User/Patient.
f) Medical Advice- This Platform and the information contained therein, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, are made available by Lupin for educational and informational purposes only and do not constitute/substitute professional medical advice, diagnosis, treatment or recommendations of any kind. By accessing the Platform, You understand and acknowledge that there is no doctor-patient relationship between You and Lupin. You further acknowledge your understanding that the Platform should not be used as a substitute for competent medical advice from a licensed doctor/healthcare professional. You should always seek the advice of your licensed doctor/healthcare professional for any questions or concerns You may have regarding your individual needs and any medical conditions. You agree that You will not under any circumstances disregard any professional medical advice or delay in seeking such advice in reliance on any content provided on or through the Platform. Reliance on any such content is solely at your own risk.
11. Limitation of Liability
11.1. To the maximum extent permitted by law, Lupin and each author of information posted on this Platform disclaims any liability to any person arising out of any action or failure to act by that person, in accessing, using or relying on any information from this Platform website whether caused by the negligence of Lupin or otherwise.
11.2. Under no circumstances will Lupin or any author of information on this Platform be liable for any indirect, incidental, special or consequential damages, including damages for loss of business or other profits, arising in relation to the use of any information from this Platform in any way whatsoever whether caused by the negligence of Lupin or otherwise.
11.3. Users and Patients shall indemnify and hold Lupin 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 or violation of any applicable law.
11.4. Lupin will not be liable for any damages of any kind whatsoever, including but not limited to direct, indirect, incidental, consequential or punitive damages arising from or connected with any User’s and Patient’s access, use or inability to use the Platform.
11.5. While Lupin intends to make every attempt to keep the information in the Platform current and up to date, make no claims, promises or guarantees about the accuracy, completeness or adequacy of any information contained in this Platform.
11.6. Lupin does not warrant that the Platform or the network system linked to it is free from any operational errors, virus, worm or any other harmful components though reasonable measures to remedy or avoid any such events will be taken by Lupin. Lupin shall not be held liable for any loss of service resulting from communication or network failures or for any events beyond the reasonable control of Lupin. Lupin shall not be liable for any injury, damage or other consequence, health-related or otherwise arising out of any inaccuracy in the information provided by You on the Platform and You shall be requested to always cross-check the advisory provided to You with your licensed doctor/healthcare professional.
12. Miscellaneous
a) Modification – Information on the Terms and Privacy may contain technical inaccuracies or typographical errors. Lupin reserves the right to update, change, modify, delete any of the Terms, in whole or part at any time, and or may suspend the operation of the Terms for support or maintenance work, without notice. Any changes or updates will be effective immediately upon posting the revised Terms on the Platform. The User is expected to review the Terms periodically.
b) Applicable Law and Jurisdiction – This Platform is made and controlled by Lupin in India, as such all the terms and conditions expressed herein are governed by and to be interpreted in accordance with the laws of India, without regard to the choice or conflict of law provisions of any jurisdiction and all disputes arising in relation to these terms whether in contract or tort or otherwise, are to be submitted to the exclusive jurisdiction of the courts located in Mumbai, India. Access to this Platform from territories where the content is illegal, is strictly prohibited. You are not allowed to use this Platform in violation of any applicable laws and regulations and You shall be solely responsible for compliance with all such laws.
c) Data Protection – Access, use or browsing of the Platform and providing services through the Platform requires the collection or storage of your personal data or any other personal information, which will be managed by a third-party service provider engaged by Lupin. Lupin will not have any direct access to any such personal data or any other personal information available on the Platform. Therefore, Lupin disclaims any claim or liability that may arise out of any violation of applicable data protection laws by virtue of your use of the Platform.
