Terms and Conditions

Please read the terms and conditions of use carefully (“Terms and Conditions”) before using the Lila application (“Application”). These Terms and Conditions establish the legal and binding conditions that you, in your capacity as User (as defined below) of the Application, freely and willingly undertake to comply with.

The Information Processing Policy (“PTI” according to the Spanish acronym) of the Administrator (as defined below) is an integral part of these Terms and Conditions. Therefore, whenever reference is made henceforth in this text to the Terms and Conditions, reference shall also be made to the PTI, which may be accessed at this link: Mylilaapp.com.co/Privacy-Policy

Capitalized terms used herein and not otherwise defined shall have the meaning set forth in quotation marks.

Administration of the Application

Access to the Application is offered to the User at their request and for the handling of the relationship between the User and Hospital (“Parties”).

This Application is administered by the Hospital, a registered and existing company according to the laws of the Republic of Colombia, with experience in and authorized for the provision of medical, health and related services, which include, but are not limited to, hospital and outpatient care, diagnostics, therapeutic services, laboratory services, medication, cancer nursing care, amongst others (“Administrator”).

The Administrator shall bear all responsibility for all the Contents (as defined below) and the information carried and embodied in and through the Functions (as defined below).

Users

For the purposes of these Terms and Conditions, “User” refers, in general, to any person that uses the Application and covers the following types of specific Users:

“Care Provider”: These are the authorized workers, contractors, subcontractors and agents with or without representation, affiliated to the Administrator, and that provide care or Assistance (as defined below) to the Patient.
“Patient”: The person who currently receives consultation, hospital and clinical medical services or intensive care, directly from the Administrator.
“Carer”: A person different from the Care Provider, who the Patient has designated to provide them with assistance and support in the use of the Application. Unless the context otherwise requires, when reference is made to the Patient in these Terms and Conditions, it shall be understood to also include the Carer.

Description of the Application

The Application consists of an internet-based, software solution that can be accessed through an application (app) for mobile devices and/or by web portal, that provides the User with the Functions (as defined below), in order to support the Users with the emotional and physical aspects of cancer.

The Application does not seek to provide services that directly or indirectly involve any activity that implies the provision of healthcare services or activities that are restricted or subject to regulations, including, but not limited to, diagnosis, prescription for the use of drugs or pharmacovigilance, tele-medicine or tele-guidance.

The Application’s functions are mainly as follows (“Functions”):

Exchange of information to provide Assistance: The Application allows for interaction between different Users to support the Patient with the emotional and physical aspects of cancer (“Assistance”), through informative materials produced and curated by the Administrator or third parties (“Contents”), which consist in diet suggestions created by the Administrator, educational content, and messages through a messaging or chat system.
Assistance tools: The Application provides (i) alerts and notifications that remind the Patient about aspects of their treatment, such as monitoring of nutrition plans, medication schedule and medical appointments, and (ii) a chat to interact between Users to monitor the aspects of the Patient’s treatment and look after their emotional and physical state.
Information upload: The Application allows for the Patient’s information to be uploaded to improve the provision of Assistance. For example, Patients can report their mood, make notes for future medical appointments, share the side effects of treatment, upload scanned documents to share with the Care Provider, record their food intake, etc.

Age Requirements

To use the Application, the User must be 18 years of age, or be the necessary age to be considered of legal age.
Upon acceptance of these Terms and Conditions, the User hereby declares, represents and warrants that they are 18 years of age and/or legal adults according to the laws of their jurisdiction, and possess the ability to legally undertake and enter into contracts, and that all the information submitted in their registration for the Application is true. The Administrator reserves the right to request evidence to prove the age of Users. The Administrator can suspend, at its discretion and at any time, accounts until sufficient proof of age is provided.
The Administrator can, at its discretion and at any time, refuse to offer access to the Application to any person and change admission criteria for the same.

Registration

The User must register to the Application to be able to use the Functions. Upon registration, the username of the (i) Care Provider, will be their email ID, (ii) Patient, will be their Patient ID registered in the EHR System, and (iii) Carer, will be their mobile number. The User must provide the information required by the Application, which shall be assigned to the User’s profile.
The User must provide true, exact, complete and updated information for registration. Failure to do so shall constitute a violation of the Terms and Conditions, which can result in the cancelation or immediate suspension of their account.
The Administrator shall be responsible for obtaining the prior, express and informed authorization of the Care Provider and the Patient for their registration according to the provisions of applicable laws.
The Administrator reserves the right, at its absolute discretion, to refuse to register or to cancel a User’s account in the event of a breach of these Terms and Conditions.
The User is the only person responsible for the activity carried out on their account and shall be responsible for keeping their password safe and confidential. As such, all activities that the User performs in or through the Application, are the User´s entire responsibility and, as a result, the User undertakes to keep the Administrator free of harm for any damages that result from the use of the Application.
The User shall immediately notify the Administrator in writing of any unauthorized use of the User’s account or any other security breach related to the same, for the adoption of necessary measures.

Application Usage Agreement.

Through their registration in the Application, the User declares, represents and guarantees that they accept, and consent to the present Terms and Conditions, to all the operating rules, policies and procedures that are published in the Application or that are published after acceptance of the Terms and Conditions.
Access to the Functions is subject to the acceptance of the Terms and Conditions. The Administrator reserves the right to modify, add to or substitute the present Terms and Conditions, at any time, and without prior warning, through the publication of the terms and conditions that have been modified, substituted or added to, within the Application. These modifications shall also be reported via user notifications.
If the User does not agree with these Terms and Conditions they must not log into or use the Application.
The use of Functions is limited mainly to the country in which the account was created. The Content available on the Application may be limited and vary depending on the location.
The User shall be solely responsible for the Internet access required for the correct operation of the Application. All Internet access charges shall be at the User’s expense.

Changes to the Application and to the Terms and Conditions

Use of the Application after the publication of the changes made to the Terms and Conditions constitutes acceptance of said changes and of the entirety of the Terms and Conditions.
The Administrator reserves the right to suspend and restrict the access to the application. Any type of liability that can be attributed to the Administrator as the result of the foregoing, whether permanent or temporary, that the Application undergoes, is expressly excluded.
Users are responsible for periodically consulting the Terms and Conditions as well as the other documents published in the Application, in order to remain informed about possible modifications, additions or substitutions to the same.

General User Obligations

The User undertakes not to use the Application for purposes that are against the Terms and Conditions, the laws of the Republic of Colombia and/or the laws of the jurisdiction that apply to them.
Users that make use of the Application, including all the characteristics and Functions related to it, agree not to file, download (except for the necessary cache for personal use), reproduce, distribute, modify, communicate, show, exhibit, execute, copy, duplicate, publish, award licenses, create derived works based on the Application, offer in sale, or use the Contents and/or information contained in or obtained from the Application.
The User undertakes not to use any spider, scraper or other automated form to access the Application and not to decompile, carry out inverse engineering, decode, decompile, dismantle or try to derive the source code or underlying ideas or algorithms of any part of the Application or any of its Functions.
The User undertakes not to upload, publish, send via email or communicate in any other way any of the material designed, to interrupt, destroy or limit the functionality of any software, hardware or device for the operation of the Application.
The modification, reproduction, publication or transfer of information to third parties that are not expressly authorized in these Terms and Conditions are prohibited. The Administrator reserves the right, at its absolute discretion, to refuse or cancel access to the Application if conduct or activities are detected which, at the Administrator’s sole discretion, act against these Terms and Conditions.

Specific User Obligations

By accepting these Terms and Conditions, the User agrees, directly or through an intermediary, the following, regarding the Application, to:

Not use of the Application in order to obtain the provision of healthcare services or activities that are restricted or subject to regulation. This includes, but is not limited to, diagnosis, prescription for drug use or pharmacovigilance, tele-medicine and tele-guidance treatment.
Not violate intellectual property rights.
Not perform activities that constitute anticompetitive practices, disloyal competition or that violate consumer protection rights.
Not promote inaccurate or deceitful information.
Not perform activities that constitute a crime, especially related to the use of technology and information and the substitution of third parties or fraud.
Not conduct activities that constitute obscene, offensive actions or the invasion of the privacy of others.
Not incur in slander, abuse, harassment, threats or violations of any public freedom or civil or human right or any other property, privacy and/or publicity rights of other Users or third parties.
Not violate personal data protection regulations.
Not impose unreasonable or disproportionate burdens on the Administrator and/or the Application infrastructure. The criteria to define what is considered an irrational or disproportionate burden is entirely at the discretion of the Administrator or the Platform Operator (as defined below).
Not interfere or try to interfere with the correct operation of the Application.
Not duplicate, distribute, send or transfer in any way any of the Functions to which the User may have access.
Not use this Application as a means to carry out illegal or unauthorized activities, both in Colombia and any other country.
Report any violation of the Terms and Conditions by other Users or third parties that they are aware of. To this end, they shall send an email to the email address of the Administrator to take any measures considered appropriate. The email address can be found in User’s application on the Terms and Conditions page.
Not upload computer programs or other material protected by intellectual property laws to the Application, unless authorized by the owner of said rights.
Not upload to the Application files that contain viruses or any other file or computing program that could affect the Application’s programming.
Not store any type of advertisement in the Application, considering that the Functions cannot be used for commercial purposes different from those stated herein.
Not share the password and protect it to avoid access to the user profile in the Application by persons other than the User.

Obligations of the Administrator

Keep the Application available, according to the terms agreed in these Terms and Conditions.
If they consider it necessary, provide support and maintenance of the Application which they can do themselves or through third parties.
Comply with applicable data protection regulations contained in Law 1581 of 2012, Decree 1074 of 2015, as well as those regulations that modify, add to or repeal it, and the PTI.

Representations and Warranties of the User

By accepting these Terms and Conditions, the Users hereby declares, represents and warrants that they understand, accept and recognize that:

The Application is not intended for scientific research purposes and shall not be used to measure the efficacy or safety of any pharmaceutical product or health technology.
The Application may provide opinions of experts consulted in a particular field related to the Content. Such information represents solely the opinions of the respective experts, which are not necessarily those of the Administrator.
The Administrator does not guarantee that the Content and information available in the Application are free from errors or inaccuracies. Likewise, Users declare that they understand and are satisfied with the Application and its Functions. Therefore, the User cannot invoke the remedy of hidden defects (“vicios ocultos” in Spanish) or similar legal institutions during the execution of the Terms and Conditions or subsequent to the same.
The Administrator does not guarantee the availability, infallibility, and continuity of the functioning of the Application nor its Functions. Where applicable, the Administrator can warn of interruptions to the operation of the Application and/or the Functions. In the event that the operation of the Application and/or the Functionalities is interrupted, the Administrator is exempt from any liability for damages or harm of any kind.
The Administrator does not guarantee that the Contents and information available in the Application are sufficient and/or useful to the User. Likewise, the Contents and Functions do not constitute the provision of medical, healthcare and related services according to applicable regulations.
The Administrator has the right to reject entry to any person, at any time, and for any reason.
The Administrator and the Platform Operator (as defined below) have the right to use Personal Data (as defined below) at their own discretion, in accordance with the Terms and Conditions and the PTI.
The Platform Operator (as defined below) is not liable for the Functions and Contents in the Applications.
The Administrator has the right to use the Contents provided by Users according to the provisions of the Terms and Conditions.
The Administrator may grant access to the Platform Operator (as defined below) or other third parties allowing them to, if deemed necessary, provide support and maintenance in the Application.
The Administrator does not guarantee, and is therefore not responsible for the presence of viruses or other harmful elements in the Contents and in the Application or that could arise as the result of logging into the Application, which can produce alterations to the computer systems and/or devices of Users or third parties or files stored in said systems.
The Administrator can make available the information entered by Users once Users cease to use the Application according to the provisions of the Terms and Conditions and the PTI.

Privacy and Personal Data

The User hereby provide to the Administrator prior, expressed and informed consent for any Personal Data (as defined below) that is collected as a consequence of using the Application, to be used, processed, transferred, transmitted and/or shared at the national and international level, including to third parties located in countries that do not to provide adequate levels of protection “Processing”).
Personal Data may refer to the following User information, allowing them to be identified and recognized as an individual: identification data (name, citizen’s ID card), demographic data (age, sex), contact data (telephone number, email address, physical address), medical data such as their clinical history, medical treatment, etc. (this only applies to the Patient), information regarding the use of the Application, linked to the Users, that allows them to be identified, as well as personal details mentioned in conversations via chat (“Personal Data”).
The Processing will take place for the following purposes: (i) the exchange of information to provide Assistance; (ii) sending alerts and notifications from within the Application; (iii) sending and exchanging instant messages via chat; (iv) hosting the Application in external servers; (v) Personal Data consulted by the Administrator and/or the Care Provider, for the purposes of the Functionalities and other uses of the Application to work, and (vi) the performance of support activities and maintenance by the Platform Operator (as defined below).
Personal Data will be collected from the different Users that record and upload information in the Application.
The User as data subject has the following rights: (i) to know, update, erase and rectify Personal Data; (ii) request proof of the authorization granted to the Administrator; (iii) upon prior request, to be informed about the usage of the Personal Data by the Administrator; (iv) present a complaint due to violations of the data protection regime, before competent authorities, and (v) withdraw the authorization to process and/or request the deletion of Personal Data, to the extent that there are no legal or contractual obligations to remain in the database.
To learn more about their rights, how to exercise these rights and the purposes and uses that the Personal Data will be subjected to, the Users may consult the Administrator’s PTI. Any consultation, request, claim, complaint or petition related to Personal Data may be sent to Administrator’s Data Officer. Such information is available in the Terms & Conditions of your app. For any queries, you may write to support@mylilaapp.com.co
The User declares, accepts, and acknowledges to have been informed that consent to authorize the processing of sensitive personal data is completely optional.
The Patient accepts and grants prior, express and informed consent for the Carer to report information and perform and executed the functionalities on behalf of the Patient.
In line with the provisions of Section 11.8, the Patient and the Carer accept that the Administrator may share the information of the Patient and the Carer with third parties.

Platform Operator

Svaas Wellness Limited (“Platform Operator”) is the owner and operator of the Application and aims to provide digital healthcare solutions that lead to better quality of life and improved health outcomes in the interest of varied consumer-groups and for different geographies. In this context, the Platform Operator requires vast amounts of data to create and deliver healthcare benefits to the widest section of the public and optimize the Functionalities of the Application.

The Platform Operator and any other company belonging to or controlled by the Platform Operator (“Affiliates”) are the holders of the intellectual property rights in and to the Application. The powers, rights and obligations contained in Sections 8, 9, 11, 15, 16, 17 and 18 of these Terms and Conditions are understood as being agreed in favor of the Platform Operator and its Affiliates, which is enabled to enforce the compliance of Users directly.

The Users and the Administrator agree that the Platform Operator and its Affiliates shall not be liable for the Functions and Contents in the Application.

Data Processed by the Platform Operator

The Users hereby provide prior, express and informed consent to the Platform Operator to collect and process Personal Data to optimize the Functionalities of the Application, offer new digital healthcare solutions and for Processing operations.
The Processing of the Platform Operator will take place for the following purposes: (i) perform its obligations as a contractor of the Administrator’s; (ii) hosting the Platform in external servers including by third parties located in countries that do not to provide adequate levels of protection; (iii) provide, either directly or indirectly, operative, corrective, or preventive support in any incident notified by the User or diagnosed by the Hosting Provider; (iv) address technical issues, bugs, and glitches within the Application; (v) identify opportunities for service improvement, enhance features, and optimize user experience; (vi) tailor features, interfaces, and functionalities in a personalized basis; (vii) analyse usage trends to plan for scalability, and (viii) inform decisions related to the development of new features or enhancements to existing features.
The User, as data subject, has the following rights: (i) to understand, update, erase and rectify Personal Data; (ii) request proof of the authorization granted to the Administrator, unless the law does not require it; (iii) upon prior request, to be informed about the usage of the Personal Data by the Platform Operator; (iv) present a complaint due to violations of the data protection regime, before competent authorities, and (v) repeal the authorization to process and/or request the deletion of Personal Data, to the extent that there are no legal or contractual obligations to remain in the database.
The User declares, accepts, and acknowledges to have been informed that consent to authorize the processing of sensitive personal data is completely optional.

To learn more about the rights that you are entitled to, forms of execution and the purposes and uses that the Personal Data will be subjected to, the Users may consult the Platform Operator’s Information Processing Policy, which is available at Mylilaapp.com.co/Privacy-Policy

Any consultation, request, claim, complaint or petition related to Personal Data processed by the Platform Operator may be sent to abhishekpandey2@drreddys.com

Limitation of Liability and Non-Representation and Warranties

- The Administrator is not responsible for the User’s use of the Application. The Administrator does not undertake responsibility in the event that the Assistance implies or involves, directly or indirectly, any activity that provides the provision of healthcare services or activities that are restricted or subject to specific regulations. This includes, but is not limited to, diagnosis, prescription for the use of drugs or pharmacovigilance, tele-medicine and tele-guidance treatment through the Application.
- The Contents, software, Functions and other information published in the Application may contain errors or inaccuracies. The Administrator does not guarantee the accuracy of the Contents, software, Functions or other information published in the Application and does not undertake any responsibility for inaccuracies or errors in this regard.
- For no reason and in no event shall the Administrator (its directors, officers and branches) be responsible for direct, indirect, punitive, incidental, special, consequential, compensatory, or any other type of damages derived from or related to the login or use by the User of the Application, regardless of the theory of liability supporting the allegations.
- The Administrator does not undertake any type of liability nor guarantee in any way for the quality, validity, effectiveness and truth of the Contents nor the Functions of the Application.
- The limits and exemptions of liability hereby contained in these Terms and Conditions shall continue and be applicable in the event that it is determined that any of the provisions in particular do not comply with its essential purpose. The limits and exemptions to liability are established in favor of the Administrator, without prejudice to the provisions of Section 19 of these Terms and Conditions.

Indemnity

Access to and use of the Application means that the User has accepted to keep the Administrator free from harm for or regarding any claim, complaint, administrative or legal investigation, legal action or proven liability based on or related to the breach of these Terms and Conditions and/or the use of the Application. As a result, the User may not file any claims or actions of any type, nor retrieve nor attempt to retrieve any type of compensation for damages or harm of any kind by the Administrator as the result of any decision or action taken by the Administrator in the administration, handling, operation and execution of the Application.
The User must defend, compensate and keep from harm the Administrator, its Affiliates and each of their employees, the Platform Operator, its Affiliates and each of their employees, contractors, directors, providers and representatives from all liabilities, claims and expenses, including all related costs, this includes lawyer’s fees that arise from or are related to the use or misuse of or access to the Application, or any other use of the information entered into the Application, by the User, or the breach of the Terms and Conditions or breach by the User or any third party that uses their account, of any intellectual property or other right of any person or entity. The Administrator reserves the right to undertake the sole defense and control of any matter subject to compensation by the User. In this event the User shall help and cooperate with the Administrator in its defense.

Termination

These Terms and Conditions, with their modifications, changes and deletions, become binding on the User when the User downloads or registers for the Application and will continue in effect until terminated by the User or the Administrator, in accordance with the terms contained herein. Notwithstanding the foregoing, the restrictions, obligations and risks undertaken by the User upon acceptance of the Terms and Conditions, as well as the limitations of liability and compensations established by the Administrator in these Terms and Conditions shall survive the termination of the Terms and Conditions.
The Administrator reserves the right to remove automatically the Application and/or automatically terminate the Terms and Conditions, totally or partially, at their total discretion. The termination can result in the total destruction of all the information related to the User’s account.
Any type of liability that the Users may attribute to the Administrator as a result of the termination of these Terms and Conditions and the Application have been expressly excluded.

Property Rights and Intellectual Property Rights of the Administrator and Third Parties

All elements and information in this Application and its Functions, including text, processes, methods, company secrets, know-how, techniques, forms, images, music, brands, logos, emblems, commercial names, sounds, graphs, videos, animation and other materials and tools subject to protection through intellectual property are and shall continue to be the property of their respective owner, whether this is the Administrator, the Platform Operator, license holders, beneficiaries and, in general, any third party.
Any unauthorized use of the elements and information in this Application that breaches the property and intellectual property rights of the Administrator, the Platform Operator, their contractors, license holders, beneficiaries and, in general, any third party, can imply the commencement of corresponding legal actions by the holders of such rights.
Access to and use of the Application shall not in any way imply the transfer or refusal of any license, concession or right to use any texts, processes, methods, company secrets, know-how, techniques, forms, images, music, brands, logos, emblems, commercial names, sounds, graphs, videos, animation and other materials and tools subject to protection through intellectual property rights, different to the provisions stated precisely, herein.
The creation of webpages, Internet gateways, applications, business, electronic documents or computer programs or computing applications of any type that contain hyperlinks or brands that redirect the browser to any part of the Application is prohibited.
Any type of liability that the User can attribute to the Administrator as a result of the breach of the rights of other users or third parties to their property and intellectual property rights are expressly excluded.
The Administrator and the Platform Operator does not undertake any liability for intellectual property matters derived from the content of Users or third parties and the information provided by Users or third parties in their products or services.

Violation of the Terms and Conditions

Any violation of the Terms and Conditions or any complaint or information that the Administrator receives regarding the breach, abuse or inappropriate use of these Terms and Conditions, of the Application and/or their Functions may be investigated by the Administrator or by third parties, and the necessary measures shall be taken to start all legal and extralegal actions against the Users. This is, amongst other reasons, to end the conduct and obtain the repairs and compensation to which there is recourse under applicable laws. Violation of these Terms and Conditions can result in the suspension or definite cancellation of their account and corresponding civil or criminal liability.
If the User questions the legality of his/her actions during his/her activities on the Application and/or the use of its Functions, please do not hesitate to contact us in advance.
If the User considers that their rights have been breached by third parties or the Administrator or that their account has been suspended or cancelled by mistake or because their identity has been confused, please do not hesitate to contact us.

Third Party Websites and/or Applications

The websites linked to the Application are not the Administrator’s property nor are they operated, controlled or administered by the Administrator and, therefore, the Administrator is exempt from any type of responsibility regarding the content, practices, policies, security, services, availability, compliance with terms and conditions of use or privacy policies.
Any link made in the Application to third party websites does not constitute sponsorship, protection, defense, warrantee or support of any kind from the Administrator regarding its contents, practices, policies, security, services, availability, compliance with terms and conditions of use or privacy policies.
The User is liable for the access and use of third party websites that are linked to the Application and/or the Functions.
Any type of liability that Users can attribute to the Administrator as the result of damage related to the use of gateways, services, products or content that are available through third party websites linked to the Application, is expressly excluded.

Relationship between the Administrator and the User

The Administrator does not possess any kind of legal relationship with the User different from that which arises throughout these Terms and Conditions. Therefore, the Administrator is not obliged to adopt measures regarding the following:
- Users that can access the Application and their use of its Functions.
- The quality, validity, effectiveness and truth of the Contents offered in the Application.
- The effects that certain types of Content may have on Users.
- The interpretation that Users make of the Content and/or Functions.
The Administrator does not guarantee the authenticity or truthfulness of the information provided in the Application or by other Users regarding the same or regarding the quality, validity, effectiveness and truthfulness of the Contents offered.

Applicable Law

These Terms and Conditions shall be governed by and interpreted in accordance with the laws of the Republic of Colombia.

Severability

If any of the terms, provisions, or conditions of this Terms and Conditions or the application thereof to any circumstances shall be ruled invalid or unenforceable, the validity or enforceability of the remainder of this Terms and Conditions shall not be affected thereby, and each of the other terms, provisions, and conditions of this Terms and Conditions shall be valid and enforceable to the fullest extent permitted by law.

Contact

If Users have any questions or concerns about the Terms and Conditions, they can contact the Administrator by e-mail mentioned in the Terms & Conditions page.