TERMS AND CONDITIONS
- It is also important to note that the My Show & Tell application serves the Show & Tell video Content "Creators" of Your organization while the RxSling application serves the Show & Tell video Content "Distributors" of Your organization. The Show & Tell video Content thus created by Your Content Creators using the My Show & Tell application and distributed by Your video Content Distributors using the RxSling application are viewed by Your video Content "Viewers".
- The terms "You" and "Your" refer to You as the organization and "They", "Their", and "Them" refer to Your video Content Distributors and Your video Content Viewers, collectively known as the users of the App or of the "Services" offered by the App. The term 'video Content' will be hereinafter addressed as "Content".
- If You are accessing the RxSling App, then this Agreement will continue to apply to such use. In addition, there may be additional terms, such as the terms imposed by mobile application stores, which will govern the use of this mobile application.
- The features/services of this App are available globally.
- The Agreement supersedes all previous oral and written terms and conditions (if any) communicated to You.
- The App
- 1.1. Users: The App is accessible to Your Content Distributors while its Services are accessible to Your Content Viewers:
- 1.1.1. Content Distributors: The Content Distributors are people whom You designate to distribute the Contents created and shared by Your Content Creators. Only the Content Distributors whom You preregister can register on the RxSling App. This method enables You to retain control and track the activities of Your Content Distributors who are using the App. As a part of the preregistration, You provide Us the email address and mobile number of all Your Content Distributors. We preregister Your Distributors on the RxSling App using the information provided by You. Your Content Distributors then download and install the RxSling App on Their mobile devices, register themselves on the App using the same email address and mobile number provided by You, and validate themselves via a one-time password (OTP).
- 1.1.2. Content Viewers: The Content Viewers are people who receive the Contents distributed by Your Content Distributors as URLs. By clicking or tapping the URLs, Your Content Viewers can open the Contents on their browser. It is to be noted that Your Content Viewers do not access the App but only access the Services of the App.
- 1.2. Features of the App: The RxSling App enables Your Content Distributors to receive Contents from designated Content Creators, customize the received Contents suitably for Their Content Viewers based on the customization protocol configured for the Contents by the corresponding Content Creators, and share the Contents with Their Content Viewers through multiple channels.
- Use of the App by All Users
2.1. You, Your Content Distributors, and Your Content Viewers will use the App, its features, and its Services only in relation to and in compliance with all applicable Indian laws. You, Your Content Distributors, and Your Content Viewers will not use this App, its features, and its Services for any purposes not intended under this Agreement.
2.2. You, Your Content Distributors, and Your Content Viewers will not deliberately use the App, its features, or its Services in any way that is unlawful or harms RxPrism, its directors, employees, affiliates, distributors, partners, service providers, other users, and/or data/content on the App.
2.4. We do not enforce any policy for the Account password. However, depending upon the importance of usage, We request Your Content Distributors to set a stronger password containing a combination of alphanumeric and special characters to ensure maximum protection for Their account.
2.5. Your Content Distributors cannot edit Their mobile number and email ID once They complete Their registration on the App. If They change or forget Their mobile number or email ID, it is important that They write to Us (on the email ID provided below). We shall take further steps after careful evaluation and verification with the administrator(s) of the contracted organization.
2.6. Once Your Content Distributors log on to the App, Their session will remain live on their mobile until They sign out manually. In any unfortunate event of losing Their mobile (theft), there is a fair chance for someone else to access their RxSling account from Their lost mobile. Therefore, it is imperative for Them to log on to Their account from a different device as soon as possible. When They do that, Their earlier instance on Their previous device will automatically log out. Besides, They may also choose to change Their password for additional security.
2.8. You and Your Content Distributors will obtain all relevant consents and approvals prior to using the App to distribute any Content.
2.9. You are responsible for the Content You or Your Content Distributors post. The consequence of any violation with respect to Your Content will be borne by You. Please note that We reserve the rights to remove any abusive, unsocial, objectionable, or inappropriate Content with or without notice.
2.10. If Your Content Viewers notice any abusive, unsocial, objectionable, or inappropriate Content or any copyright violations, They can report it by tapping the 'i' icon on the top-right corner of every Show & Tell Content while it plays and then tapping the 'Report Abuse' button. Upon receipt of Their complaint, We will evaluate Their request, determine its severity, and perform appropriate action in no more than 24 hours.
2.11. All the Contents in the App are public Contents by default. Public Content is the Content that is accessible through an open URL. If Your Content Distributors want Us to treat Their Content as private, They may secure Their Content with a PIN under the Optional Settings in the Save & Share screen of Their Show & Tell Content. However, They must remember to share the PIN with Their intended Content Viewer(s) for Them to access the Content.
2.12. We have also incorporated an additional layer of protection for Your Content by adding a Content-Protection feature in the My Show & Tell app. This feature restricts Your Content Viewers from forwarding Your Content URL that They receive from Your Content Distributors. After Your Content Viewers open and view a Protection-enabled Content URL on Their device browser and forward the URL to another individual, that individual will not be able to open and view it on his/her device browser. In other words, after a Protection-enabled Content URL is opened and viewed by an individual on his/her device browser, the same Content URL cannot be opened and viewed by any other individual on any other device browsers. Conversely, if a Content Distributor shares a Protection-enabled Content URL to a Content Viewer and if someone else, including the Content Distributor himself/herself, opens and views the URL on his/her device browser before the intended recipient does so, neither the intended recipient nor anyone else, can thereafter open and view the Content URL on their device browser. However, if Your Content Creator or Distributor views the Protection-enabled Content URL on Their App instead of Their device browser, Their intended recipient can still open and view Their Protection-enabled Content URL on his/her device browser.
2.13. (For commercial users only) The Content URLs distributed by Your Content Distributors will be a short URL with the rxp.at and/or rxpl.info domain. The Content URL with the rxp.at and/or rxpl.info domain enables You to track the usage of Your Content by Your Content Viewers. If someone else, including Your Content Distributor himself/herself, opens and views this URL before the intended recipient does so, the activity information of the intended recipient on the specific Content will apparently be false. Therefore, if Your Content Distributors want to ensure Their Contents are tracked effectively, They must share Their Contents to Their intended Content Viewers from within the App only. If They share the URL from outside the App, from Their sent items, to many Viewers simultaneously, the URL will reach only the intended Content Viewer or the Content will stop playing for everyone. Additionally, if anyone tries to tamper the characters in the URL, the Content may not play.
2.14. Based on Your subscription plan, Your Content Distributors will have limitations of forwarding Their Contents to predefined number of Content Viewers. For instance, if You have subscribed to a basic plan, Your Content Distributors can share their Contents only to 100 Content Viewers. If You want Your Content Distributors to be allowed to share Their Contents to more than the predefined number of Content Viewers, you must subscribe to bigger subscription plans.
2.15. Each Content Distributor will be able to view and distribute only the Contents that have been assigned to him/her by those Content Creators whom You have assigned to the specific Content Distributor. A Content Distributor can receive Contents from 1 or 2 Content Creators.
2.16. You must ensure that all Your Content Creators are mapped to Their respective Content Distributors. Only then, Your Content Creators can push Their Contents to the relevant Content Distributors.
2.17. We use Your organization-specific domain name in the email IDs to recognize the email IDs of Your Content Creators and Content Distributors. Therefore, You must ensure all Your Content Creators and Content Distributors have Your organization-specific domain name in Their email IDs.
2.19. Currently, the App and all its algorithms support English language. However, if Your Content Distributors' device allows Them to type in any other languages, We will attempt to support that using UTF-16.
2.20. We have developed and tested the App on all common devices and browsers and have ascertained it to work in all of those scenarios without any glitch. However, if You, Your Content Distributors, or Your Content Viewers observe if the App is not working on any specific or peculiar scenario or cause any damage to the software or the hardware of any specific device, We request You or Them to bring it to Our notice at the earliest (on the email ID provided below). Our backend team will evaluate the problem and provide appropriate solution at the earliest.
2.21. To know more about any latest addition (features) to the App, You or Your Content Distributors may check the FAQ section on the App menu.
2.22. Based on the restrictions set by Your Content Creators, Your Content Distributors can embed Call-to-Action buttons, such as Learn More, Buy Now, View, Launch, WhatsApp Me, SMS Me, or Email Me, on Their Contents, if required, to direct Their Content Viewers to a third party site or perform the respective function. Based on the restrictions set by Your Content Creators, Your Content Distributors can also embed a Call-to-Action button called Contact, which allows Them to configure any advanced communication protocol along with a URL to execute the given protocol. Tapping on a Call-to-Action button, Your Content Viewers may navigate to a third party website for further communication (or) for simply viewing some details (or) for viewing a product page on an e-commerce website (or) for processing any payment and so on. It is important to note that Your Content Viewers are performing this action at Their own will. We as a facilitator for Your Content do not endorse the quality or claims of Your product or messages delivered or authorize any action that Your Viewer performs on the App.
- Our Role
3.1. Our role is limited to providing an App for Your Content Distributors to:
- 3.1.1. Receive Show & Tell Contents from Their designated Content Creators.
- 3.1.2. Customize the received Contents suitably for Their Content Viewers based on the customization protocols configured for the Contents by the corresponding Content Creators.
- 3.1.3. Share the Contents with Their Content Viewers through multiple channels.
3.2. If We suspect any illegal, wrongful, or fraudulent activity on the App or tampering, reengineering, hacking, or extracting the codes in the App by any registered user or any other users, notwithstanding any other rights We may have, We reserve the right to inform the relevant government or law enforcement authorities. We will cooperate in all investigative procedures or requests for access/information initiated by any such government or law enforcement authorities.
3.3. We do not endorse or influence control over any particular subject, theory, opinion, viewpoint, or position on any topic published through our App.
- Links to Third Party Apps
- 4.1. Your Content Distributors and Viewers may be provided with links on the App that direct Them to third party apps/applications/content or service providers, including e-commerce apps (collectively "Third Party Apps").
- 4.1.1. We do not endorse any Third Party Apps that Your Content Distributors and Viewers may be directed to from the App and outside the App, respectively.
- 4.3. Links to such Third Party Apps are provided for the convenience of Your Content Distributors and Viewers only. Your Content Distributors and Viewers must exercise Their independent judgment and prudence when visiting/using any Third Party Apps via a link available on the App and outside the App, respectively. Should They decide to click on the links to visit such Third Party App, They do so of Their own volition. Their usage of such Third Party Apps and all content available on such Third Party Apps is subject to the Terms and Conditions of the respective Third Party App and We are not responsible for Their use of any Third Party Apps.
- Proprietary Rights
- 5.1. We respect the intellectual property rights of others, and We expect the same from Your Content Distributors. The App, user, and the data are protected by applicable intellectual property laws.
- 5.2. Our Rights to the App and Our Content:
- 5.2.1. All intellectual property in and to the App, any software, techniques, and processes used in connection with the App, belongs exclusively to Us or Our licensors. With the use of the App by Your Content Distributors, by no means are any rights impliedly or expressly granted by Us to You or your Content Distributors in respect of such works.
- 5.2.2. We and/or Our licensors assert all proprietary rights in and to all names and trademarks contained on the App. Notwithstanding the generality of the foregoing, the name, "RxPrism", "My Show & Tell App", and 'RxSling App" are Our trademarks and copyrights (or any other intellectual property right) and/or that of Our licensors. Any use of Our trademarks or copyrights, unless otherwise authorized in a written agreement, will constitute an infringement upon Our trademark and copyright (or any other such intellectual property right) and may be actionable under applicable laws.
- 5.2.3. Except as stated otherwise in this Agreement, the My Show & Tell App and the RxSling App (including all their intellectual property rights) are owned exclusively by Us and/or Our licensors.
- 5.2.4. Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring on You or Your Content Distributors any license to intellectual property rights, whether by estoppel, implication, or otherwise.
- 5.2.5. All Your Show & Tell Contents are hosted on a public URL in the showandtell.app domain. However, You and Your Users have the option of protecting Your Contents by way of setting a PIN and/or activating Content Protection as covered earlier in this Terms and Conditions. It is also important to note that the short URL of Your Content as distributed by Your Content Distributors shows the rxp.at and/or rxpl.info domain.
- 5.2.6. Unless We expressly authorize, You or Your Content Distributors agree not to reproduce, modify, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of RxPrism, in whole or in part, by any means. You or Your Content Distributors must not remove or modify any copyright or trademark notice or other notices of ownership.
- Personal Information
- 6.1. We may collect various personal information from Your Content Distributors when they use the App and/or the features provided by the App.
- 7.1. We provide warranty for the security, reliability, quality, timeliness, and performance of (i) the App and its features (ii) any information received through the App (iii) transmissions of data, and (iv) any other matter relating to the App and/or Services.
- 7.2. We do provide guarantee but shall not be held liable or responsible for the failure to send SMS or other notifications or reminders to You or Your Content Distributors as a feature of the App.
- 7.3. While We will endeavor to take all reasonable and appropriate steps to keep secure any Information which We hold about Your Users and prevent its unauthorized access, You acknowledge that the Internet is not 100% secure and that We cannot provide any absolute assurance regarding the security of Your Users' Personal Information. We shall not be responsible or liable in any way for any breach or unintended loss or disclosure of Information, including Personal Information, caused due to events beyond Our control or due to technical reasons or third party actions.
- Limitation of Liability
- 8.1. To the fullest extent permitted by law, in no event will We or Our affiliates be liable for any direct, indirect, special, incidental, punitive, exemplary, or consequential damages (including, without limitation, loss of business, revenue, profits, goodwill), whether or not We have been warned of the possibility of such damages or could have reasonably foreseen such damages.
- Representation and Warranties
- 9.1. By Using This App Your Content Distributors Represent And Warrant That:
- 9.1.1. They are 18 years of age or older and that Their use of the App shall not violate any applicable law or regulation;
9.1.2. All registration information You and Your Content Distributors submit is truthful and accurate and that You and They agree to maintain the accuracy of such information;
9.1.3. You as an organization and Your Content Distributors, registered on the App, will use the App solely for your commercial and noncommercial purposes.
9.1.4. Your Content Distributors' use of this App shall be subjected to the following restrictions:
- 18.104.22.168. They will not delete or modify any content on the App including but not limited to, legal notices, disclaimers, or proprietary notices such as copyright or trademark symbols and logos that They do not own or have express permission to modify;
- 22.214.171.124. They will not decompile, reverse engineer, or disassemble the App and its features;
- 126.96.36.199. They will not remove any copyright, trademark registration, or other proprietary notices from the App. They further agree not to access or use this App in any manner that may be harmful to the operation of this App or its features;
- 9.1.5. Your Content Distributors will not use the App and/or its services in any way that is unlawful or harms Us or any other person or entity as determined in Our sole discretion.
- 9.1.6. You or Your Content Distributors will not engage in any form of antisocial, disrupting, or destructive acts, including "flaming", "spamming", "flooding", "trolling", "phishing", and "griefing" as those terms are commonly understood and used on the Internet.
- 9.1.7. You or Your Content Distributors will not host, display, upload, modify, publish, transmit, update, or share any information that:
- 188.8.131.52. belongs to another person and to which You or Your Content Distributors do not have any right to;
- 184.108.40.206. is grossly harmful, harassing, blasphemous, defamatory, 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;
- 220.127.116.11. harms minors in any way;
- 18.104.22.168. infringes any patent, trademark, copyright, or other proprietary rights(s), violates any law for the time being in force;
- 22.214.171.124. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- 126.96.36.199. impersonates another person;
- 188.8.131.52. contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer resource;
- 184.108.40.206. threatens the unity, integrity, defense, security, or sovereignty of any countries, friendly relations with their 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.
- Additional Terms
- 10.1. Additional terms and conditions may apply in order for You or Your Content Distributors to avail specific Services and to specific portions or features of the App, all of which terms are made a part of these Terms and Conditions by this reference. You and Your Content Distributors agree to abide by such other terms and conditions, including where applicable representing that You and Your Content Distributors are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms and Conditions and the terms posted for or applicable to a specific portion of the App or for any Service offered on or through the App, the latter terms shall control with respect to Your and Your Content Distributors' use of that portion of the App or the specific Service.
- 11.1. You and Your Content Distributors hereby indemnify, defend, and hold Us, Our distributors, agents, representatives, and other authorized users, and each of the foregoing entities' respective resellers, distributors, service providers, and suppliers, and all of the foregoing entities' respective officers, directors, owners, employees, agents, and representatives harmless from and against any and all losses, damages, liabilities, and costs arising from (i)Your Content Distributors' use of the App (ii) Your breach of provisions of this Agreement, and (iii) any negligent or intentional wrongdoing on Your part.
- 12.1. We reserve the right, in the event We find out in Our sole discretion that You or your Content Distributors breached the Agreement, to suspend and/or terminate Your accounts or those of Your Content Distributors' and/or access to the App by blocking Your IP address or email ID or that of Your Content Distributors' with adequate notice to You and Them. Any suspected illegal, fraudulent, or abusive activity may be grounds for suspending and/or terminating Your accounts or that of Your Content Distributors and/or Your or Their access to the App. Upon suspension or termination, Your and Your Content Distributors' right to use the features on the App shall immediately cease and We reserve the right to remove or delete Your and Your Content Distributors' information and/or Content that is available with Us, including but not limited to login and account information.
- 12.2. Upon user account termination or suspension, regardless of the reasons therefore, Your and Your Content Distributors' right to use the App, User data, or Our information immediately ceases, and You and Your Content Distributors acknowledge and agree that We may immediately deactivate or delete Your and Your Content Distributors' account and all related information and files in Your and Their account and/or bar any further access to such files or this App. We shall not be liable to You, Your Content Distributors, or any third party for any claims or damages arising out of any termination or suspension of Your and Your Content Distributors' user account or any other actions taken by Us in connection with such account termination or suspension.
- Governing Law and Jurisdiction
- 13.1. The interpretation of this Agreement and the resolution of any disputes arising under this Agreement shall be governed by the laws of India, Bangalore Jurisdiction.
- 14.1. We update Our Terms and Conditions incorporated into Our App menu whenever We update and release a new version of Our App. When Your Content Distributors use an older version of Our App, the App will still be functioning but without the updated features and the updated Terms and Conditions. In such cases, Your Content Distributors should periodically review the most up-to-date version of Our Terms and Conditions at www.myshowandtell.app/rxsling/terms.html. In other words, to access Our latest Terms and Conditions, Your Content Distributors must either ensure They are using the latest version of Our App or refer to Our latest Terms and Conditions at the link provided above in this paragraph. Besides, We may, in Our sole discretion, modify or revise these Terms and Conditions, Privacy Policies, and any other relevant policies at any time, and You and Your Content Distributors agree to be bound by such modifications or revisions. The last sentence in the Terms and Conditions indicates when it was last updated.
- 15.1. Any dispute, claim, or controversy arising out of or relating to this notice or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, or to Your Content Distributors' use of the App or its features or the information to which it gives access, shall be determined by arbitration in India. The venue of such arbitration shall be Bangalore, India. The governing law of the Agreement shall be the substantive law of India. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the Parties.
15.2. The Parties shall have the right to apply to a court of competent jurisdiction to obtain interim injunctive relief in respect of any dispute, pending resolution of such dispute in accordance with the Agreement.
- General Provisions
- 16.1. Severability: If any provision of this Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from the Agreement and the remainder of the Agreement shall be interpreted as if such provisions were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.
- 16.2. Notices: All notices and other communications required or permitted hereunder to be given to a Party shall be in writing, in the English language, and shall be sent by facsimile, e-mail, or mailed by prepaid internationally-recognized courier, or otherwise delivered by hand or by messenger, addressed to such Party's address as set forth below or at such other address as the Party shall have furnished to the other Party in writing in accordance with this provision:
- If to RxPrism:
- RxPrism Health Systems Private Limited
- #9, 1st Cross, 17th Main, HAL 2nd 'A' Stage, Bangalore 560008, Karnataka, INDIA
- Email ID: email@example.com
- If to You:
- At the email address provided by You to Us at the time of signing the SOW.
- 16.3. Waiver: No term of the Agreement shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented. Any consent by any Party to, or waiver of a breach by the other, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
- 16.4. Complete Understanding: The Agreement contain the entire understanding of the Parties, and there are no other written or oral understandings or promises between the Parties with respect to the subject matter of the Agreement other than those contained or referenced in the Agreement.
- 16.5. Force Majeure: We shall not be liable for any downtime or delay or unavailability of the App caused by circumstances beyond Our reasonable control, including without limitation, acts of God, acts of government, floods, fires, earthquakes, civil unrest, acts of terror, strikes or other labor problems, Internet service provider failures or delays, or denial of service attacks.
- 16.6. Advice of Counsel: Each Party acknowledges: (a) having fully read the Agreement in its entirety; (b) having had full opportunity to study and review the Agreement.
- 16.7. Assignment: You may not assign or sub-license, without Our prior written consent, the rights, duties, or obligations under this Agreement, in whole or in part, to any person or entity.
- Version 1.0.1
- Last updated on: May 13, 2020