Company Information
Nashaq Solutions Private Limited.
315, Jayanthaweeresekera Mawatha, Colombo 10, Sri Lanka
Telephone : +94 (11) 253 4837 / +94 (11) 253 1496 |
Email : [email protected] Website : www.nashaq.com
These terms and conditions ("Terms of Service") govern your use of the Xelution Health software application (“Service”) and any other services of Nashaq Solutions Pvt. Ltd. (the company behind Xelution Health). Our Privacy Policy is incorporated by reference into these Terms of Service. Some services may be subject to additional conditions posted on the Xelution Health website or provided to you when you sign-up for the service.
Communications
You acknowledge and agree that Nashaq Solutions Pvt. Ltd. may at times send you communications regarding your account or the Service via email. If you have requested it, we may also send you communications about upgrades to the Service or other products and services that may be of interest to you. You can contact us at any time to let us know that you no longer want to receive these emails from us.
Accounts and Passwords
You must be a registered user to access the Service. You must provide accurate, up-to-date and complete information when you register. You are solely responsible for keeping your password, pin and any other security credentials issued by Xelution Health secure. You will be solely responsible and liable for any activity that occurs under your user name.
You must use all reasonable endeavours to prevent any unauthorized access to, or use of, the Service and you must notify Nashaq Solutions Pvt. Ltd. immediately in the event of any unauthorized access or use.
Acceptable Use/Conduct
You are solely responsible for your conduct and your data related to the Service. You warrant that you have all rights, licenses, authorizations and consents required to use the Service, including without limitation in respect of your data. You agree to indemnify, defend, and hold harmless Nashaq Solutions Pvt. Ltd., its directors, officers, agents and suppliers from any and all loss, cost, liability, and expense arising from or related to your data or use by you or your employees, contractors or agents of the Service or violation of these Terms of Service.
The Service, including any software that forms part of the Service, is made available to you, your company, and/or your staff only for your personal use or internal business purposes, and such use must comply with all applicable laws, rules and regulations, including without limitation privacy laws, and must not infringe or violate third party rights.
The particular Service you purchase may limit the number of users who may use the Service. You must not allow any additional users to use the Service. Nashaq Solutions Pvt. Ltd. has the right to audit your use of the Service, at its own cost and upon giving you reasonable notice, to determine whether your use is in accordance with these Terms of Service and any other terms that apply to the Service. If an audit reveals that you have exceeded the scope of use permitted, Nashaq Solutions Pvt. Ltd. may require you to immediately pay an additional service fee for such use. (Free users should be covered)
Any unauthorized use of the Service is a violation of these Terms of Service and may breach Commonwealth, State or Territory laws. Such violations may subject you or your staff to civil and criminal penalties.
Nashaq Solutions Pvt. Ltd. will endeavour to make the Service available 24 hours a day, seven days a week. However, you acknowledge and agree that the Service may occasionally be unavailable during periods of planned or unscheduled maintenance. Nashaq Solutions Pvt. Ltd. may perform unscheduled maintenance at any time, but will do this outside of normal business hours where possible.
Fees
A valid credit card is required for payments. A credit card is not required to start a free trial, and you will only need to supply this if you wish to continue with a paid subscription account.
Credit card security is implemented using https (256-bit encryption) on all transactions. Credit card details are not stored within the XelutionTM Health application. Your credit card details are stored at a trusted and secure payment gateway used by Xelution Health for payment processing.
When upgrading or downgrading your plan, you will be pro-rata credited for the remainder of your current plan. You will then be charged the full amount for the new plan you have selected and your next billing date will be adjusted accordingly. You will have the changed plan limits applied immediately. If this adjustment causes your account to be credited, this will be applied to your subscription and used for future payments. We do not provide refunds for these amounts.
All fees stated are exclusive of taxes, levies or duties imposed by the tax authorities. If your company is liable to pay GST, you will be responsible for paying GST on top of the subscription fees.
Downgrading or canceling your account may cause the loss of access, content or features of the Service. Nashaq Solutions Pvt. Ltd. does not accept any liability for such loss.
All monthly subscription fees must be paid monthly in advance. Or as per the agreed plan.
All fees related to the Service, including but not limited to the monthly subscription plan fees, are subject to change upon 30 days' notice from us. Such notice may be provided at any time by updates to the Xelution Health website (www.xelution.com/health), notices within the Service itself, or by email correspondence.
If you have any questions about charges made to your account, please contact us immediately. If there are charges made in error, we will credit your account or credit card account for the appropriate amount.
SMS reminders (an optional feature) are charged per SMS sent. You are responsible for ensuring you have sufficient credit for SMS reminders (these are charged separately from the monthly subscription). Refunds will not be issue for unused SMS reminder credits if you cancel your account.
Cancellation and Termination
You are solely responsible for the cancellation of your account. You can cancel your account at any time by contacting us. through the settings/subscription area of the application. Email or phone requests to cancel your account are not considered a cancellation.
All of your content and data will be deleted 90 days after cancellation or termination of your account. This information will not be able to be recovered. We recommend you use the export functionality of the Service prior to cancellation to retain any information you may require.
Failure to pay your subscription fees will result in your account being suspended. Accounts are suspended for a maximum of 90 days before the account may be terminated by us. We are not responsible for any loss you suffer as a result of such suspension or termination. A suspended account can be reactivated by supplying valid payment credentials and resuming your subscription.
If you cancel your account before the end of your currently paid month, the Service will end immediately and you will not be charged again. You will not be entitled to a refund.
Nashaq Solutions Pvt. Ltd. in its sole discretion has the right to suspend or terminate your account and refuse any and all current or future use of the Service, for any reason, at any such time. Such termination can result in the deactivation or deletion of your account. Nashaq Solutions Pvt. Ltd. reserves the right to refuse service to anyone for any reason at any time.
You may have Statutory Rights
Certain legislation, including the Competition and Consumer Act 2010 (Cth) may impose consumer guarantees or implied rights which cannot be excluded, restricted or modified except to a limited extent ("Statutory Rights"). These Terms of Service must be read subject to your Statutory Rights. If Statutory Rights apply, to the extent to which Nashaq Solutions Pvt. Ltd. is able to do so, its liability under those provisions will be limited, at its option, in the case of services to (a) the supplying of the services again or (b) the payment of the cost of having the services supplied again and, in the case of goods to (a) the replacement of the goods or the supply of equivalent goods; (b) the repair of the goods; (c) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (d) the payment of the cost of having the goods repaired.
No Warranties or Representations
Without limiting your Statutory Rights:
You understand and agree that the Service is provided “as is” and, to the extent permitted by law, Nashaq Solutions Pvt. Ltd. and its suppliers expressly disclaim all warranties or representations of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose, non-infringement or bailment of your data on Nashaq Solutions Pvt. Ltd.'s servers. Nashaq Solutions Pvt. Ltd. and its suppliers make no warranty or representation that your use of the Service will be uninterrupted or error-free or regarding the results that may be obtained from the use of the Service, the security of the Service, or that the Service will meet your requirements.
Nashaq Solutions Pvt. Ltd. is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and you acknowledge that the Service may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
Limitation of Liability without limiting your Statutory Rights:
Use of the Service is at your sole risk. You will be solely responsible for any damage to you resulting from the use of the Service. The entire risk arising out of use, security or performance of the Service remains with you.
If there is any loss or damage to your data, your sole and exclusive remedy will be for Nashaq Solutions Pvt. Ltd. to use reasonable commercial endeavours to restore the lost or damaged data from the latest back-up of such data maintained by Nashaq Solutions Pvt. Ltd.
In no event shall Nashaq Solutions Pvt. Ltd. be liable for any indirect, special, incidental, consequential or punitive damages, loss of use, loss of profits, revenue, interest or business or loss or corruption of data, whether in an action in contract, tort (including but not limited to negligence), equity or otherwise in connection with the Service or any other service provided by Nashaq Solutions Pvt. Ltd.
Intellectual Property and data
Nashaq Solutions Pvt. Ltd. claims no intellectual property rights over the data or other material you provide to the Service. You acknowledge that Nashaq Solutions Pvt. Ltd. owns all right, title and interest in and to the Service, including without limitation all intellectual property rights, and such rights are protected by Australian and international intellectual property laws. Except to the extent that applicable laws prevent us from restraining you from doing so, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service.
You consent to Nashaq Solutions Pvt. Ltd. transferring your data to third party IT providers, including our website host and back-up service provider, outside of Australia.
General
You may not assign your rights in respect of the Service to any other person.
Nashaq Solutions Pvt. Ltd. will not be liable for any delay or failure to perform any of its obligations in respect of the Service if such delay or failure is due to an event which is beyond its control.
If a provision of these Terms of Service is invalid or unenforceable, it is to be read down or severed to the extent of the invalidity or unenforceability and that fact does not affect the validity or enforceability of the remaining provisions.
Nashaq Solutions Pvt. Ltd. may modify the Service, or any other services, at any time, for any reason, and without notice. We also may modify these Terms of Service at any time but, if we do so, we will notify you of the modified Terms of Service and give you a reasonable period of time to notify us that you do not agree to the modified Terms of Service and cease using the service.
This Agreement is governed by the laws of the state of New South Wales, Australia and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of New South Wales.
Questions
If you have any questions about these Terms of Service, please contact us at '[email protected]'
Collection of information
Nashaq Solutions Pvt. Ltd. (the company behind Xelution Health) collects personal information about you in a variety of ways when you visit our website, use our web application, or deal with us by email or on the phone. This information may include your name and contact information and other information relating to your account with us, such as your credit card details.
We also automatically receive and record information when you visit our website, such as your IP address and information stored in cookies on your computer hard-drive.
Use of information
The personal information we collect is used to provide you with services you request and to operate our business efficiently. We use it for billing, identification, authentication, service improvement, research, and also for contacting you when necessary.
We may use your personal information to advise you of new or updated products or services or special offers or promotions that you may be interested in. You can contact us at any time to let us know that you do not want us to use your information for this purpose.
If you do not provide personal information to us we may not be able to provide our services or services most suited to your needs.
Information Sharing
We may disclose personal information when we believe it violates our Terms of Service, when it is required to assist with a lawful investigation or comply with the law, if we believe disclosure is necessary to protect our rights, or if some or all of the assets and operations of our business are or may be transferred to another party.
From time to time third party service providers who assist us with our activities, such as website hosts, IT back-up service providers, and other IT or payment service providers, may also have access to personal information held by us and may use this information on our behalf.
To assist us in improving our products and services, we monitor aggregated data that is collected by our Xelution Health application and may share this with third parties collectively and in an anonymous way. This data will not reveal personal information.
We will not sell, rent or share your personal information with third parties in other ways without your consent unless we are entitled by law to do so.
By providing your personal information to us, you consent to us transferring this information to third party IT providers, including our website host and back-up service provider, outside of Australia.
Storage and protection
We may hold your personal information in electronic databases, such as our customer relationship management system. We take all reasonable steps to keep any personal information we hold about you secure. We restrict access to personal information to our employees, contractors and agents who require that information in order to operate and develop our application and service.
Access and correction
You can request access to personal information we hold about you. We will provide this except in the limited circumstances in which we are permitted not to.
You may request that we correct personal information we hold about you that is inaccurate or out-of-date. If you request that we delete your personal information, we will take all reasonable steps to do so unless we need to keep it for legal, auditing or internal business purposes.
Changes to this policy
We may review and amend this Privacy Policy from time to time. We will post updated versions of the Privacy Policy on our website.
Questions or complaints
You can contact us at '[email protected]'
If you have any questions about this Privacy Policy or the way that we handle your personal information, please let us know.
If you have a complaint about how your personal information has been handled, please let us know us immediately. We take your privacy seriously and we will respond to your complaint as soon as we can.