General Terms and Conditions

  1. NATURE AND APPLICABILITY OF TERMS
    • Please carefully go through these terms and conditions and the privacy before you decide to access the website or avail the services made available on the Sleepeum website.
    • These Terms and the Privacy Policy together constitute a legal agreement between you and Sleepeum as regards your visit to the Website and your use of the Services.
    • This Agreement applies to those services made available by Sleepeum on the Website, including but not limited to the following:
      • For Practitioners: Listing of Practitioners and their profiles and contact details, to be made available to the other Users and visitors to the Website;
      • For other Users: Facility to (i) create and maintain ‘Health Accounts’, (ii) search for Practitioners by name, specialty, and geographical area, or any other criteria that may be developed and made available by Sleepeum, and (iii) to make appointments with Practitioners.
    • This Agreement defines the terms and conditions under which you are allowed to use the Website and describes the manner in which we shall treat your account while you are registered as a member with us. If you have any questions about any part of the Agreement, feel free to contact us at support@sleepeum.app
    • By downloading or accessing the Website to use the Services, you irrevocably accept all the conditions stipulated in this Agreement and Privacy Policy, as available on the Website, and agree to abide by them.
    • This Agreement supersedes all previous oral or written terms and conditions (if any) communicated to you relating to your use of the Website to avail the Services. By availing any Service, you signify your acceptance of the terms of this Agreement.
    • We reserve the right to modify any portion of the Agreement for any reason and at any time, and such modifications shall be informed to you in writing. Hence you should read the Agreement at regular intervals. Your use of the Website following any such modification constitutes your agreement to follow and be bound by the Agreement so modified.
    • The Services may change from time to time, at the sole discretion of Sleepeum, and the Agreement will apply to your visit to and your use of the Website to avail the Service, as well as to all information provided by you on the Website at any given point in time.
    • You acknowledge that you will be bound by this Agreement for availing any of the Services offered by us. If you do not agree with any part of the Agreement, please do not use the Website or avail any Services.
    • Your access to use of the Website and the Services will be solely at the discretion of Sleepeum.
    • The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:
      • the Indian Contract Act, 1872,
      • the (Indian) Information Technology Act, 2000, and
      • the rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and Information Technology (Intermediary Guidelines and Digital Ethics Code) Rules, 2021 (the “IG Rules”).
      • Digital Personal Data Protection Act (DPDP), 2023
  1. CONDITIONS OF USE
    • You must be 18 years of age or older to register, use the Services, or visit or use the Website in any manner. By registering, visiting and using the Website or accepting this Agreement, you represent and warrant to Sleepeum that you are 18 years of age or older, and that you have the right, authority and capacity to use the Website and the Services available through the Website, and agree to and abide by this Agreement.
  1. TERMS OF USE APPLICABLE TO ALL USERS OTHER THAN PRACTITIONERS
    The terms in this Clause 3 are applicable only to Users other than Practitioners.
    • 3.1 END-USER ACCOUNT AND DATA PRIVACY
      • 3.1.1 The terms “personal information” and “sensitive personal data or information” are defined under the SPI Rules and DPDP Act, and are reproduced in the Privacy Policy.
      • 3.1.2 Sleepeum may by its Services, collect information relating to the devices through which you access the Website, and anonymous data of your usage. The collected information will be used only for improving the quality of Sleepeum’s services and to build new services.
      • 3.1.3 The Website allows Sleepeum to have access to registered Users’ personal email or phone number, for communication purpose so as to provide you a better way of booking appointments and for obtaining feedback in relation to the Practitioners and their practice.
      • 3.1.4 The Privacy Policy sets out, inter-alia:
        1. The type of information collected from Users, including sensitive personal data or information;
        2. The purpose, means and modes of usage of such information;
        3. How and to whom Sleepeum will disclose such information; and,
        4. Other information mandated by the SPI Rules.
      • 3.1.5 The User is expected to read and understand the Privacy Policy, so as to ensure that he or she has the knowledge of, inter-alia:
        1. the fact that certain information is being collected;
        2. the purpose for which the information is being collected;
        3. the intended recipients of the information;
        4. the nature of collection and retention of the information; and
        5. the name and address of the agency that is collecting the information and the agency that will retain the information; and
        6. the various rights available to such Users in respect of such information.
      • 3.1.6 Sleepeum shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User to Sleepeum or to any other person acting on behalf of Sleepeum.
      • 3.1.7 The User is responsible for maintaining the confidentiality of the User’s account access information and password, if the User is registered on the Website. The User shall be responsible for all usage of the User’s account and password, whether or not authorized by the User. The User shall immediately notify Sleepeum of any actual or suspected unauthorized use of the User’s account or password. Although Sleepeum will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Sleepeum or such other parties as the case may be, due to any unauthorized use of your account.
      • 3.1.8 If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Sleepeum has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Sleepeum has the right to discontinue the Services to the User at its sole discretion.
      • 3.1.9 Sleepeum may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.
    • 3.3 LISTING CONTENT AND DISSEMINATING INFORMATION
      • 3.3.1 Sleepeum collects, directly or indirectly, and displays on the Website, relevant information regarding the profile and practice of the Practitioners listed on the Website, such as their specialization, qualification, fees, location, visiting hours, and similar details. Sleepeum takes reasonable efforts to ensure that such information is updated at frequent intervals. Although Sleepeum screens and vets the information and photos submitted by the Practitioners, it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.
      • 3.3.2 The Services provided by Sleepeum or any of its licensors or service providers are provided on an “as is” and “as available’ basis, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). Sleepeum does not provide or make any representation, warranty or guarantee, express or implied about the Website or the Services. Sleepeum does not guarantee the accuracy or completeness of any content or information provided by Users on the Website. To the fullest extent permitted by law, Sleepeum disclaims all liability arising out of the User’s use or reliance upon the Website, the Services, representations and warranties made by other Users, the content or information provided by the Users on the Website, or any opinion or suggestion given or expressed by Sleepeum or any User in relation to any User or services provided by such User.
      • 3.3.3 The Website may be linked to the website of third parties, affiliates and business partners. Sleepeum has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through our Website. Inclusion of any link on the Website does not imply that Sleepeum endorses the linked site. User may use the links and these services at User’s own risk.
      • 3.3.4 Sleepeum assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If a User is dissatisfied with the Website, User’s sole remedy is to discontinue using the Website.
      • 3.3.5 If Sleepeum determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, Sleepeum reserves the right to immediately suspend your access to the Website or any of your accounts with Sleepeum and makes such declaration on the website alongside your name/your clinic’s name as determined by Sleepeum for the protection of its business and in the interests of Users. You shall be liable to indemnify Sleepeum for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected Sleepeum or its Users.
    • 3.10 RECORDS
      Sleepeum may provide End-Users with a free facility known as ‘Records’ on its web and mobile application ‘Sleepeum’. Information available in your Records is of two types:
      • User-created: Information uploaded by you or information generated during your interaction with Sleepeum ecosystem, e.g.: appointment, medicine order placed by you.
      • Practice-created: Health Records or prescriptions generated by your interaction with a Practitioner who uses ‘Sleepeum Ray’ or other Services of Sleepeum software.
    • The specific terms relating to such Health Account are as below, without prejudice to the rest of these Terms and the Privacy Policy:
      • 3.10.1 Your Records is only created after you have signed up and explicitly accepted these Terms.
      • 3.10.2 Any Practice created Health Record is provided on an as-is basis at the sole intent, risk and responsibility of the Practitioner and Sleepeum does not validate the said information and makes no representation in connection therewith. You should contact the relevant Practitioner in case you wish to point out any discrepancies or add, delete, or modify the Health Record in any manner.
      • 3.10.3 The Health Records or prescriptions are provided on an as-is basis. While we strive to maintain the highest levels of service availability, Sleepeum is not liable for any interruption that may be caused to your access of the Services.
      • 3.10.4 The reminder provided by the Records is only a supplementary way of reminding you to perform your activities as prescribed by your Practitioner. In the event of any medicine reminders provided by Sleepeum, you should refer to your prescription before taking any medicines. Sleepeum is not liable if for any reason reminders are not delivered to you or are delivered late or delivered incorrectly, despite its best efforts. In case you do not wish to receive the reminders, you can switch it off through the Sleepeum app.
      • 3.10.5 It is your responsibility to keep your correct mobile number and email ID updated in the Records. The Health Records will be sent to the Records associated with this mobile number and/or email ID. Every time you change any contact information (mobile or email), we will send a confirmation. Sleepeum is not responsible for any loss or inconvenience caused due to your failure in updating the contact details with Sleepeum.
      • 3.10.6 Sleepeum uses industry–level security and encryption to your Health Records. However, Sleepeum does not guarantee to prevent unauthorized access if you lose your login credentials or they are otherwise compromised. In the event you are aware of any unauthorized use or access, you shall immediately inform Sleepeum of such unauthorized use or access. Please safeguard your login credentials and report any actual suspected breach of account to support@Sleepeum.com.
      • 3.10.7 If you access your dependents’ Health Records by registering your dependents with your own Records, you are deemed to be responsible for the Health Records of your dependents and all obligations that your dependents would have had, had they maintained their own separate individual Records. You agree that it shall be your sole responsibility to obtain prior consent of your dependent and shall have right to share, upload and publish any sensitive personal information of your dependent. Sleepeum assumes no responsibility for any claim, dispute or liability arising in this regard, and you shall indemnify Sleepeum and its officers against any such claim or liability arising out of unauthorized use of such information.
      • 3.10.8 In case you want to delete your Records, you can do so by contacting our service support team or by using the ‘delete’ feature on your account. However only your account and any associated Health Records will be deleted, and your Health Records stored by your Practitioners will continue to be stored in their respective accounts.
      • 3.10.9 You may lose your “User created” record, if the data is not synced with the server.
      • 3.10.10 If the Health Record is unassessed for a stipulated time, you may not be able to access your Health Records due to security reasons.
      • 3.10.11 Sleepeum is not liable if for any reason, Health Records are not delivered to you or are delivered late despite its best efforts.
      • 3.10.12 The Health Records are shared with the phone numbers that are provided by your Practitioner. Sleepeum is not responsible for adding the Heath Records with incorrect numbers if those incorrect numbers are provided by the Practitioner.
      • 3.10.13 Sleepeum is not responsible or liable for any content, fact, Health Records, medical deduction or the language used in your Health Records whatsoever. Your Practitioner is solely responsible and liable for your Health Records and any information provided to us including but not limited to the content in them.
      • 3.10.14 Sleepeum has the ability in its sole discretion to retract Health Records without any prior notice if they are found to be shared incorrectly or inadvertently.
      • 3.10.15 Sleepeum will follow the law of land in case of any constitutional court or jurisdiction mandates to share the Health Records for any reason.
      • 3.10.16 You agree and acknowledge that Sleepeum may need to access the Health Record for cases such as any technical or operational issue of the End User in access or ownership of the Records.
      • 3.10.17 You acknowledge that the Practitioners you are visiting may engage Sleepeum’s software or third party software for the purposes of the functioning of the Practitioner’s business and Sleepeum’s services including but not limited to the usage and for storage of Records (as defined in Section 3.10) in India and outside India, in accordance with the applicable laws.
      • 3.10.18 To the extent that your Records have been shared with Sleepeum or stored on any of the Sleepeum products used by Practitioner’s you are visiting, and may in the past have visited, You hereby agree to the storage of your Records by Sleepeum pertaining to such previously visited clinics and hospitals who have tie ups with Sleepeum for the purposes of their business and for Sleepeum’s services including but not limited to the usage and for storage of Records (as defined in Section 3.10) in India and outside India, in accordance with the applicable laws and further agree, upon creation of your account with Sleepeum, to the mapping of such Records as may be available in Sleepeum’s database to your User account.
  1. RIGHTS AND OBLIGATIONS RELATING TO CONTENT
    • 4.1 As mandated by Regulation 3(2) of the IG Rules, Sleepeum hereby informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:
      • belongs to another person and to which the User does not have any right to;
      • is grossly harmful, harassing, blasphemous, defamatory, sexist, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
      • harm minors in any way;
      • infringes any patent, trademark, copyright or other proprietary rights;
      • violates any law for the time being in force;
      • deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
      • impersonate another person;
      • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
      • threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
    • 4.2 Users are also prohibited from:
      • violating or attempting to violate the integrity or security of the Website or any Sleepeum Content;
      • transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of Services by Sleepeum;
      • intentionally submitting on the Website any incomplete, false or inaccurate information;
      • making any unsolicited communications to other Users;
      • using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website;
      • attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
      • copying or duplicating in any manner any of the Sleepeum Content or other information available from the Website;
      • framing or hot linking or deep linking any Sleepeum Content.
      • circumventing or disabling any digital rights management, usage rules, or other security features of the Software.
    • 4.3 Sleepeum, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email about any such information as mentioned above, shall be entitled to disable such information that is in contravention of Clauses 5.1 and 5.2. Sleepeum shall also be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.
    • 4.4 In case of non-compliance with any applicable laws, rules or regulations, or the Agreement (including the Privacy Policy) by a User, Sleepeum has the right to immediately terminate the access or usage rights of the User to the Website and Services and to remove non-compliant information from the Website.
    • 4.5 Sleepeum may disclose or transfer User-generated information to its affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer. The SPI Rules only permit Sleepeum to transfer sensitive personal data or information including any information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by Sleepeum as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between Sleepeum or any person on its behalf and the User or where the User has consented to data transfer.
    • Sleepeum respects the intellectual property rights of others and we do not hold any responsibility for any violations of any intellectual property rights
  1. TERMINATION
    • 5.1 Sleepeum reserves the right to suspend or terminate a User’s access to the Website and the Services with or without notice and to exercise any other remedy available under law, in cases where,
      • Such User breaches any terms and conditions of the Agreement;
      • A third party reports violation of any of its right as a result of your use of the Services;
      • Sleepeum is unable to verify or authenticate any information provide to Sleepeum by a User;
      • Sleepeum has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or
      • Sleepeum believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for Sleepeum or are contrary to the interests of the Website.
    • 5.2 Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Website under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the Website by such User. The User shall ensure that he/she/it has continuous backup of any medical services the User has rendered in order to comply with the User’s record keeping process and practices.
  1. LIMITATION OF LIABILITY
    In no event, including but not limited to negligence, shall Sleepeum, or any of its directors, officers, employees, agents or content or service providers (collectively, the “Protected 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 Website or the content, materials and functions related thereto, the Services, User’s provision of information via the Website, lost business or lost End-Users, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for:
    • provision of or failure to provide all or any service by Practitioners to End- Users contacted or managed through the Website;
    • any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website;
    • any unauthorized access to or alteration of your transmissions or data; or
    • any other matter relating to the Website or the Service.
      In no event shall the total aggregate liability of the Protected Entities to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from this Agreement or a User’s use of the Website or the Services exceed, in the aggregate Rs. ______________
  1. INDEMNITY
    • 7.1 Sleepeum hereby indemnifies and shall continue to keep indemnified and hold harmless, itself, from any consequences arising out of the breach, non-fulfillment or non-compliance in part or otherwise of this Agreement or of any obligation and responsibilities under any statutes, laws, rules and regulations now in force or in future, either due to the defaulting Party and/or its Affiliates’ action or inaction, including any action taken by any third Party including its employees. The costs, damages, charges and expenses and the consequences thereof shall be borne and paid for by defaulting party or affiliates. Sleepeum shall also be entitled to deduct the same from any monies due or outstanding from the defaulting party or affiliates
    • 7.2 In case any employee/ Affiliate of the Service Provider enters into dispute of any nature whatsoever, it shall be the primary responsibility of the related party to contest the same. In case Sleepeum is made a Party and is supposed to contest the case, Sleepeum shall be reimbursed for the actual expenses incurred towards counsel fee and other expenditure, which shall be paid in advance by the Service Provider to Sleepeum and on demand.
    • 7.3 Sleepeum shall further keep itself indemnified against any loss to Sleepeum’s property and/or assets. Sleepeum shall have further right to adjust and/or deduct any of the amounts as aforesaid from the payment(s) due to/from the related party under this Agreement.
    • 7.4 Service Providers, Users and Partners hereby unconditionally undertakes and declares that there is no pending litigation or legal proceedings of any sort whatsoever, before any civil or / and criminal or / and labour Court/Authority/Tribunal, etc., against it as on the date of entering this Agreement. Sleepeum hereby undertakes that, it shall indemnify itself in to, in the event of any such liability.
    • 7.5 Service Providers, Users and Partners hereby agrees and undertakes to indemnify Sleepeum from and against all damages, losses, claims, liabilities, costs and/ or expenses which Sleepeum may incur or sustain as a result of a breach of any of the provisions of this Agreement by the Service Provider or its Affiliates.
  1. FORCE MAJEURE:
    1. Force Majeure shall not include any events caused due to acts or omissions of the service providers, users and partners or affiliates resulting in a breach or contravention of any of the terms of the Agreement, and SOW. It shall also not include any default on the part of the service providers, users and partners or affiliates due to its negligence or failure to implement the stipulated or proposed precautions, as were required to be taken under the Agreement.
    2. The failure or occurrence of a delay in performance of any of the obligations of the Service Provider shall constitute a Force Majeure event only where such failure or delay could not have reasonably been foreseen i.e. war, or hostility, acts of the public enemy, civil commotion, sabotage, fire, floods, explosions, epidemics, quarantine restriction, strikes, lockouts or act of God (hereinafter referred to as events), or where despite the presence of adequate and stipulated safeguards the failure to perform obligations has occurred at any location in scope. In such an event, the party with the knowledge or anticipation of such occurrences shall inform Sleepeum in writing within ten days of the occurrence of such event. Any failure or lapse on the part of the Service Provider in performing any obligation as is necessary and proper, to negate the damage due to projected force majeure events or to mitigate the damage that may be caused due to the above-mentioned events or the failure to provide adequate disaster management or recovery or any failure in setting up a contingency mechanism would not constitute force majeure, as set out above.
    3. In case of a Force Majeure, all Parties will Endeavor to agree on an alternate mode of performance to ensure the continuity of Service and implementation of the obligations of the Service Provider under the Agreement and to minimize any adverse consequences of Force Majeure.
  1. OWNERSHIP OF PROPRIETARY INFORMATION
    1. All Parties hereby agrees and undertakes that all Confidential Information disclosed herein shall be the sole property of Sleepeum and shall be the sole and absolute owner of all their patents, copyrights, trademarks, and other rights in connection therewith.
    2. All Parties hereby agrees and acknowledges that neither the disclosure pursuant to this Agreement nor anything contained in this Agreement shall be construed, expressly or impliedly, as granting any rights to the any party other than Sleepeum, in respect of any patent, copyright, license, or other intellectual property right in force belonging to any Party, unless otherwise agreed to by Sleepeum in writing.
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