Terms & Conditions
Second Publication: December 15, 2017 (The hyperlinked examples are available at the end of this document.)
We sincerely hope that you never require to use our services – to communicate with known people & authorities in case of emergency.
When you share personal information including medical insurance records with us, for example by creating an Accialert Account, we use those information – to get you more relevant search results and to help you connect with public authorities to expedite getting help easily. We want our users to be clear how we’re using information and the ways in which users can protect their privacy.
This Accialert is a hardware (hereinafter shall be referred as “Accialert”) is an initiative towards saving of precious lives of the people by helping the users to get immediate assistance from concerned persons / authorities at the time of an accident, but it is not an assurance of saving of lives.
Accialert constantly senses impact at various points of the vehicle so as to detect accident. Accialert activates if impact is beyond a certain limit as per specification. User has also an option to manually activate the Accialert.
PRE-REQUIREMENT FOR SMOOTH FUNCTIONING: Accialert App must be installed, with through information and knowledge with regards to functioning of App on phone while driving.
CIRCUMSTANCES IN WHICH THE SYSTEM PROBABLY NOT WORK:
- In case of any tempering with the Accialert by unauthorized person, Accialert will not be responsible for underperformance or non performance of the Accialert.
- Accialert might not work if water enters into the vehicle e.g. driving thro water, vehicle submerged in water etc.
- Accialert constantly senses impact in various points of the vehicle to detect impact. Depending on Accialert model, strength of impact (car speed, object hit by car / surface deformation, etc.), Air quality, Accialert gets activated automatically. User has also an option to manually activate the Accialert.
- Accialert might/might not work if shearing from sharp objects, Bullet / hard fast moving small objects – small stones impact, Rash driving over bumpy roads, etc. and if not connected with mobile App.
- Accialert works in sync with connected Accialert Mobile App to trigger alarm & get user's location. In case connected mobile is not working / not reachable to mobile network, alert system might not be triggered.
- Accialert uses Accialert App, installed at Android Phone to transmit required data (including location).
- Accialert will alert user's personal contact & public authorities multiple times using 3rd party SMS, Voice Calls, Emails but it cannot ensure guaranteed response for the same.
- Accialert uses 3rd party resources for defining users district (e.g. mapmyindia / google map/any map service) and partners using multiple channel partner for transmission of Voice & SMS, Server & associated network for data transmission.
- Accialert will not be responsible if user furnishes invalid / inaccurate data related to his / her emergency contact details, insurance policy, medical details, etc.
- Accialert 's Success is Subject to Authenticity of Contact details Provided by User /Insurance companies/Public Authorities etc. Due to constant change in contact details of Public Authorities as Hospitals and Police Stations across India, there may be error in automatic calls, SMS & emails and application may not work to target those contacts.
- In case of IVR Systems for incoming calls at hospitals, the product may not be able to convey the message.
- Details of Network hospital for various Insurance companies are based on data provided by them on website / furnished by them. Accialert updates the same on regular intervals (normally once a year). Further Our product can only convey the information regarding insurance detail of the user according to data entered by the user, but does not ensure the validity of the policies.
LIABILITY: Liability of Accialert is limited to replacement only. Accialert does not ensure 100% safety or detection of road accidents.
WARRANTY: The Supplier warrants that all Equipment shall be free from any defect(s) in material and/or workmanship for twelve (12) months from the date of activation of Accialert or eighteen (18) months from the date of installation, whichever is earlier for any such defect which shall be proved to be occurred due to defective materials and/or poor workmanship and it must not be attributable due to incompetence, mismanagement, negligence and willful neglect, on the part of the Purchaser. Normal wear and tear or Force Majeure conditions shall not be treated a defect. Furthermore, the above warranty is conditioned upon the Purchaser’s compliance with the Supplier’s operation and maintenance instructions.
DISPUTES AND ARBITRATION: In the event of any difference of opinion or dispute arising between the Seller and Purchase, they shall first discuss mutually in good faith and try to amicably resolve the difference or dispute within sixty (60) Days, failing which either Party shall be entitled to refer the matter to arbitration as per the Arbitration & Conciliation Act 1996 of India. The seat of arbitration shall be at New Delhi or any other mutually agreed place. The arbitration proceedings shall be in English language. The arbitration award shall be final and binding on the Parties. The costs, charges, fees and expenses of the proceedings of arbitration shall be borne equally by the Parties. However, the Parties shall bear their respective legal and other expenses for the arbitration. In the course of arbitration, the Parties shall continue to perform their respective obligations except those obligations which is subject matter of arbitration or as may be directed by the arbitrators.
APPLICABLE LAW: These guidelines shall be construed, governed and enforced in accordance with laws of India and the courts of Delhi / New Delhi shall have exclusive jurisdiction.
Terms & Conditions Explains:
- What data we collect and why we collect it.
- How we use that data.
- Various options we offer, including how to access and update them.
- We’ve tried to keep it easy to understand for common person and in case you have any queries, contact us.
- Data we collect
- We collect data to provide better services to our users – from personal profile to medical history, which medical centre is most relevant for cashless treatment linked with your medi-claim policy, the people who matter most in matter of life & death.
We collect data in the following ways:
- Data provided by user - during sign up for Accialert Account as personal information, like user name, email address, mobile. Further to fully utilize the automatic alert notification system effectiveness, we also ask users to create Profile, which may include photo, Height, Weight, Identification marks; Personal Emergency Contacts which is validated by the contact through sms send by us; Medical Records & Insurance records.
- Data we get from your use of our services.
- We collect data about the services that you use, when and how you use them, like when you search for emergency services, or view / interact with content. This information includes:
- Mobile / Desktop Hardware information
- We may collect your hardware-specific information (such as your device make & model, operating system detail, unique hardware ID, and mobile network information including phone number).
- Accialert may associate your mobile / desktop device unique ID or mobile number with your Accialert Account.
Log Details Upon using of our services or browsing though content, we may store some data in server logs.
Internet protocol address. hardware event details such as crashes, system activity, hardware settings, browser type, browser language, the date and time crash. Cookies that may uniquely identify your browser or your Accialert Account.
Upon using of Accialert services, we may store & process data about your location. Android operating system may use various technologies used to determine location, including IP address, GPS, and other sensors that may, for example, provide Accialert with information on nearby devices, mobile towers.
Local storage We may collect and store information (including personal information) locally on your device using mechanisms such as browser web storage (including HTML 5) and application data caches.
Cookies and similar technologies
Information associated with your Accialert Account is treat as personal information. The same is made public thro’ input of user’s mobile number for 24 hours in case of activation of Alert services by User.
How we use data we collect
We use the data we collect from our service to provide useful results and further improve them.
We collect the public authority data (for example Police, Hospitals – government as well as private hospitals, including those linked to medical insurance companies) from their respective website or their referred websites, email or written communication. We may not upload the data in case the data is incomplete or not authentic, requires tremendous effort to verify & validate or not available from the respective sources.
We may use information collected from cookies and other technologies to improve user experience and overall quality of our services.
Transparency and Options
People have varied views over privacy. Our goal is to be clear about what data we collect to provide relevant results.
Users can: Invite, edit and update other users in their personal emergency directory (Family) to decide which people get their details in case of emergency alerts.
These may be controlled via Mobile App or viewed from your Accialert Account by using Accialert Dashboard.
Data you share
Our services let you share information with others in case of Emergency which can be triggered automatically by embedded sensors (if installed) or manually by users. Remember that this data can be accessible by anyone including public authorities via website by entering users unique ID (mobile number) for 24 hours once the emergency is triggered.
Accialert may index the record
Accessing and updating your personal details
Users can access their personal details. It is up to the user to maintain the correct & updated details which might be used to provide user support in case of emergency.
Users can update or delete data – unless we have to keep that information for legitimate business or legal purposes. We may ask users to verify their identity / credentials before updating personal details.
We may reject requests that may be quite repetitive, require development of a new system or drastic change in an existing practice, compromise others privacy, or threat to integrity of smooth functioning of existing system.
We may keep multiple copies of your data at multiple locations to ensure smooth functioning of our services & from accidental or malicious destruction.
Data we share
We do not share personal data with other companies, individuals outside of Mahapool unless one/ more of the following scenarios are applicable:
Upon activation of Alert Services
We will share personal data with respective public authority in your nearby area and your personal emergency contacts outside of Mahapool upon activation of emergency alert services.
With Mahapool administrators
Accialert administrator might have to access to your Accialert account information (including your personal, location & other data). Accialert administrator may be able to view statistics of user account, suspend or cancel account access, access or retain information stored as part of your account in order to satisfy security or technical issues, applicable law, regulation, legal enforceable authority request.
For third party processing
We may share non-personally identifiable information publicly and with our partners – like potentials investors, analysts or related sites. For example, we may share information publicly to show trends about the general use of our services.
We try to protect Accialert and our users from unauthorized access to or unauthorized changes, disclosure or destruction of data we hold. For Example:
We encrypt most of our services using SSL.
We offer OTP verification upon Sign-in to Accialert Account via Android App & Web
We review our processes & practices including physical security measures, to guard against unauthorized access to systems.
We restrict access of user’s personal data to Accialert employees, contractors and agents who need to know that information in order to process it for us, and who are subject to Non-Disclosure Agreements and suitable action may be taken if they fail to follow as per the agreements.
Compliance and cooperation with legal bodies
We work within the appropriate legal boundaries to resolve complaints if any related to transfer of user’s data when we cannot resolve directly with the users.
Other related materials
Users can access their personal data using App or via Accialert dashboard.
Ads in some pages For example, you may see ads from Google in same pages / sections which are regulated by Google based on its policy.
Sensors The hardware fitted on the chassis of the car has sensors for detecting the impact (if installed) to provide information to others in case of accident beyond a certain limit. It may use Mobile locations services / inbuilt GPS to find users location. Additionally inbuilt GPS can be used to find, direction of travel among others. Gas sensors (if installed) may detect potential hazardous situation for certain gases in the passenger cabin.
Connect with social workers / N.G.O. Accialert may suggest potential people in vicinity who might come forward to help in case of emergency.
Device identification Accialert may identify the unique devices used to access the services, which can be used to customize or analyse any device related issues pertaining to Accialert services.
User satisfaction Techniques as cookies allow us to analyse user behavior. "Statutory bodies request" Upon receipt of request from statutory bodies for handing over user data, we will review each request and comply with the required & just request. "Updates" We continuously try to improve our systems & also monitor their correct working and fix the errors upon detection. "Make public user’s personal details, actual current location, medical details, etc." In case of Emergency alert is triggered at user end & not stopped in due time, we will make the details public via website for next 24 hours. Anyone who has user’s mobile upon entering the same can get the users details which might be used to provide required assistance. "Public authorities" Upon initiation of emergency alert, we try to contact Public authorities as Police responsible for that part of country & share the relevant user’s data. In case the boundaries are not well defined, we may inform multiple authorities in the area. "We may share aggregated, non-personally identifiable information publicly" "Wi-Fi access points and cell towers" For example, Accialert using Mobile phone system as android can approximate your device’s location based on the known location of nearby cell towers.