Limitation of Liability

Last Updated: July 21, 2025

Important Company Information: Medcare Vitals is operated by The Statement Group, which is an authorized retailer and distributor of Dozee patient monitoring systems manufactured by Turtle Shell Technologies Pvt Ltd. Dozee is © Turtle Shell Technologies Pvt Ltd. The following limitations apply to The Statement Group’s retail services and our role in distributing Dozee products through the Medcare Vitals platform.

LIMITATION OF LIABILITY

1. General Limitation of Damages

The Statement Group shall not be liable for indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, lost data, personal injury or property damage related to, in connection with, or otherwise resulting from any use of any of the Services or Dozee products purchased through our Medcare Vitals retail platform.

2. Company Liability Exclusions

In the event of a technical issue arising due to reasons solely attributable to The Statement Group, The Statement Group shall resolve such issue within a reasonable time period from the day when such issue is brought to the notice of The Statement Group. However, The Statement Group shall not be liable for any of damages, liability or losses arising out of:

(i) Your use of or reliance on the Services or your inability to access or use the Services due to your non-compliance with these User Terms and Privacy Policy; or

(ii) Any transaction or relationship between you and any Third Party Provider; or

(iii) Defaults of any third party service providers which are providing Platform related services to The Statement Group; or

(iv) Product defects, malfunctions, or performance issues related to the Dozee devices manufactured by Turtle Shell Technologies Pvt Ltd (such issues are covered under the manufacturer’s warranty); or

(v) Any event that is beyond our reasonable control and shall include, without limitation, sabotage, fire, flood, explosion, act of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, unauthorized access to your mobile or storage device, crashes, breach of security and encryption.

In no event shall The Statement Group’s total liability to you in connection with the Services for all damages, losses and causes of action exceed the amounts actually received by The Statement Group as consideration for the sale of the Device.

3. Data Security Limitation

We have taken all reasonable steps to prevent internet fraud and ensure any data collected from you is stored as securely and safely in accordance with applicable law. However, we cannot be held liable in the unlikely event of a breach in our secure computer servers or those of third parties.

USER CONTENT LIABILITY

(xi) The Company will have no liability related to any user content arising under intellectual property rights, libel, privacy, publicity, obscenity, or other laws. Company also disclaims all liability with respect to the misuse, loss, modification, or unavailability of any user content.

THIRD PARTY PROVIDER DISCLAIMER

You acknowledge and agree that at no time are we making any representation or warranty regarding any goods, services, or content provided by a Third Party Provider nor will we be liable to you or any such Third Party Provider for any consequences or claims arising from or in connection with the goods provided by such Third Party Provider. You hereby disclaim and waive any rights and claims you may have against us with respect to goods or services or content of a Third Party Provider.

TECHNICAL INFRASTRUCTURE LIMITATIONS

You understand and agree that the use of the Services requires electricity, internet connectivity and telecommunication links without which the Services will not be accessible. You shall bear the costs incurred to access and use the Services and we shall not, under any circumstances whatsoever, be responsible or liable for such costs. We will not be liable for any issues in the Services that arise directly or indirectly due to faulty or lack of electricity, internet connectivity, and/or telecommunication links.

PLATFORM AVAILABILITY

The Company periodically conducts scheduled maintenance and upgradation exercises for the Platform and the Platform Services which may impact the performance of the Platform and some functions and features may not be fully operational during those periods. Such maintenance and upgradation exercises will be conducted with prior notification to you.

While every effort is made by the Company to keep the Platform up and running smoothly, the Company takes no responsibility for, and will not be liable for, the Platform being temporarily unavailable due to technical issues beyond our control.

“AS IS” DISCLAIMER

We accept no responsibility for any errors or omissions, or for the results obtained from the use of the information or content available on the Platform. All information provided on the Platform is provided “AS IS” with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to, warranties of performance, merchantability and fitness for any particular purpose.

Nothing herein shall to any extent substitute for the independent investigations and the sound technical and business judgment of the User(s).

INTELLECTUAL PROPERTY

4. Ownership Rights

The Company is the sole owner of all intellectual property rights in the Device and the Platform, and it is either the owner or the licensee of the materials/contents published therein (excluding the materials and contents published or uploaded by the users of the Platform). Copying, storing, distributing, transmitting or otherwise modifying any content on the Platform other than for your personal use is prohibited and shall amount to an infringement of the intellectual property rights of the Company or the relevant licensor(s) under applicable laws. If you print off, copy or download any part of the Platform in breach of the User Terms, your right to use the Services will cease immediately and you must, at your option, return or destroy any copies of the materials you have made.

5. Reserved Rights

All rights not otherwise claimed under the User Terms and Privacy Policy are hereby reserved.

6. Platform Content Standards

INDEMNIFICATION

You agree to defend, indemnify and hold harmless The Statement Group, its affiliates, independent contractors, service providers, consultants, licensors, agents and representatives, and each of their respective directors, officers and employees, from and against any and all claims, losses, liability, damages, and/or costs (including, but not limited to, reasonable attorney fees and costs) arising from or related to:

(a) Your access to or use of the Services;

(b) Your violations of the User Terms;

(c) Your violation of any rights of any third party, including infringement of their intellectual property rights; and/or

(d) Your conduct in connection with the Services.

CONTACT INFORMATION

If you have any questions regarding these limitation of liability terms, please contact us at [email protected].

This limitation of liability applies to the maximum extent permitted by applicable law. Some jurisdictions do not allow certain limitations, so some of these limitations may not apply to you.

Limitation of Liability