Terms of Service
The terms “Smart Health” and “Prism Events, Inc.” means Prism Events, Inc. and/or its Affiliates. The term “Affiliate” means, with respect to any party, any person or entity which controls, is controlled by, or is under common control with, such party.
By accessing any of the Smart Health offerings, you are agreeing to be bound by these application Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using this site and any of our other site. The materials contained in this site and all the offerings by Smart Health which includes downloadable mobile apps are protected by applicable copyright and trademark law.
2. Use License
- Permission is granted to temporarily download one copy of the materials (information or software) on Smart Health application for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on Smart Health site;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or “mirror” the materials on any other server.
- This license shall automatically terminate if you violate any of these restrictions and may be terminated by Smart Health at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
- Smart Health’s offerings which includes downloadable mobile games are only for amusement and entertainment purpose.
If you use website or applications by Smart Health, you are responsible for restricting access to your computer and your mobile device and also ensuring that your computer or mobile device is free from all types of malicious code, spyware, viruses, Trojans, etc. that may track any data you enter via our application, including e-mail address, credit card number, and other payment related information. User agrees to accept responsibility for all activities that occur under User’s Account. Provider cannot and will not be held liable for any loss or damage arising from User’s failure to comply with this section. Provider reserves the right to monitor all network traffic to this application to identify and/or block unauthorized attempts or intrusions to upload or change information or cause damage to our application in any fashion. Anyone using application/games by Smart Health expressly consents to such monitoring.
In no event shall Smart Health or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Smart Health Internet site, even if Smart Health authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Revisions and Errata
The materials appearing on Smart Health web site could include technical, typographical, or photographic errors. Smart Health does not warrant that any of the materials on its web site are accurate, complete, or current. Smart Health may make changes to the materials contained on its web site at any time without notice. Smart Health does not, however, make any commitment to update the materials.
Smart Health has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Smart Health of the site. Use of any such linked web site is at the user’s own risk.
8. Disclaimers; Limitations; Waivers of Liability
- TO THE FULLEST EXTENT PERMITTED BY LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT AND THAT THE SMART HEALTH PARTIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE. YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE SMART HEALTH PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE SMART HEALTH PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SERVICE AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
- UNDER NO CIRCUMSTANCES WILL THE SMART HEALTH PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID SMART HEALTH IN THE NINETY (90) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.
A. You agree to defend, indemnify and hold harmless the Smart Health Parties from and against all claims and expenses, including attorneys’ fees and costs, arising out of your use of the Service and/or your breach or alleged breach of any term, condition, obligation, representation or warranty in these Terms. You agree that the provisions in this paragraph will survive any termination of your account(s) or the Service.
10. Governing Law
Any claim relating to Smart Health offerings including this site shall be governed by the laws of the Republic of India or court of competent jurisdiction within United States without regard to its conflict of law provisions.