TERMS AND CONDITIONS
WELCOME TO COHUM ® !
Thank you for subscribing to our products and services (“Services”). The Services are provided by COHUM ®, a division and brand of Trenton Enterprises Pvt. Ltd. (“COHUM”), based in Pune, INDIA.
By using our Services, you are agreeing to these terms. Please read them carefully.
Our Services are very diverse, so sometimes additional terms or product requirements (including age requirements) may apply. Additional terms will be available with the relevant Services, and those additional terms become part of your agreement with us if you use those Services.
In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.
Some of our Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws.
The COHUM website at http://www.cohum.co (“the Site”) is a website where people can browse and apply for membership to COHUM, and/or purchase products and services that may be offered from time to time. Users will require a COHUM Account in order to use some of the services.
Your access to and use of the Site, including placing orders for Products through the Site as applicable is governed by these Terms and Conditions. You must be a Member of COHUM to order Products from COHUM. By accessing and/or using the Site you implicitly agree to be bound by, and comply with, these Terms and Conditions. You agree to comply with all relevant laws relating to your use of the Site and any order you place through the Site. You agree not to use any data listed on the Site except for the purpose of browsing the Site.
YOUR COHUM ACCOUNT
To access and use the full functionality of the Site, you will need to create a unique user account with a password (“Account”). You may create your own Account, or your Account may be assigned to you by an administrator, such as your employer or insurance company. If you are using an Account assigned to you by an administrator, different or additional terms may apply and your administrator may be able to access or disable your account.
To protect your Account keep your password confidential. You are responsible for any activity that happens on or through your Account. Try not to reuse your Account password on third party applications. If you learn of any unauthorized use of your password or Account please contact COHUM immediately.
You must be at least 18 years old to order Products from COHUM. By submitting an order, you certify that you are aged 18 years or older. COHUM reserves the right to refuse service, terminate Accounts, remove or edit content, or cancel orders in its sole discretion, at any time and with immediate effect.
You must be aged 18 years or older to apply for membership of COHUM (“Application”). Application for membership of COHUM for a Minor (under the age of 18 years) must be completed and signed by the parent or guardian of that Minor. Ideally each individual should have their own separate Account. However, for families one Account Owner may manage memberships for their family members. Institutional members may also be managed by a single Account Owner like the head of the Institution or a designated employee. You must provide all of the information requested on the form. Do not leave anything blank. For any item not applicable to you, please indicate with N/A or similar notation. Incomplete forms are not accepted by COHUM. Information, Member Information, Personal Information and Medical Information and any updates of that information provided by you are collectively referred to as “Member Information”.
You agree to pay applicable Membership fees, charges and taxes laid out by COHUM at its sole discretion. Annual fees are due on the anniversary of your Membership joining date. Each year you will receive an annual Membership fee payment request setting out the amount payable by you to maintain your Membership. You must review and confirm or update all of your Member Information. If your update mandates changes to your COHUM ID, in accordance with your Membership level you may receive one free COHUM ID during the year, provided your Membership Status is in good standing.
Failure to pay the fees due to COHUM may result in cancellation of your COHUM Membership and/or invite late payment charges. COHUM may take steps necessary to delete your Member Information. COHUM will make a reasonable effort to notify you of any imminent deletion of your Member Information, to give you a final opportunity to renew your Membership, but you understand, acknowledge and agree that COHUM is under no obligation to do so, and can delete your information without further notice.
Failure to confirm or update your Member Information may result in inaccurate or out-of-date information. Remember your life may be dependent on your Member Information. Depending on your membership level, this information may be provided to medical staff on your behalf. Out-of-date information can be dangerous. You acknowledge and agree that COHUM cannot and will not be held responsible for Member Information you have provided and/or failed to update.
The Terms and Conditions applicable to obtaining and maintaining Membership of COHUM and/or use of the Site may be changed by COHUM without notice and such amendments will be effective from the date specified by COHUM. Submission of an application for Membership and payment of your annual member service fee are acceptance of these Terms and Conditions as varied from time to time.
We may immediately suspend, terminate or limit your Account and/or access to and use of the Site if you breach these Terms and Conditions and the breach cannot be remedied; or you fail to remedy the breach within 10 days of our notice to you of that breach. We may stop making the Site (or any part of it) available without prior notice.
YOUR MEMBER INFORMATION
By providing Member Information you acknowledge that the Member Information is complete and accurate at the date of making the Application.
1. You acknowledge and agree that COHUM:
a. is entitled to rely on the completeness and accuracy of the Member Information;
b. has no responsibility to verify or authenticate the Member Information;
c. recommends that you obtain authentication of the accuracy of the Medical Information from the applicant’s authorized healthcare provider;
d. reserves the right to request you to have your healthcare provider authenticate the accuracy of the Medical Information at your cost.
e. will forward your Member Information into COHUM’s database and may not retain a hard copy of the Application submitted.
2. You acknowledge that it is your responsibility:
a. to update your Member Information in your COHUM online Account if you become aware that the Member Information is incomplete or inaccurate or changed whether or not the Member Information has been authenticated by a healthcare provider and advise COHUM immediately;
b. to advise COHUM immediately of any change in the Member Information;
c. to check the Member Information recorded on the COHUM ID;
d. to periodically check and correct/update your Member Information by logging into your account.
e. to pay all your medical, ambulance and other bills related to any response by COHUM on your behalf in the case of medical or other emergencies.
3. Organ Donation and Advance Care Directives, such as ‘Do Not Resuscitate’, disclaimer and release:
a. You acknowledge that your wishes are accurately reflected in Section 1 of the form;
b. You also certify that your wishes are understood and accepted by your family;
c. You acknowledge that COHUM may forward your wishes as expressed by you to medical staff and/or family members in the event of any emergency; you or your family members will not hold COHUM responsible for such disclosure.
4. Authorization to release Member Information
You expressly authorize COHUM to release all of your Member Information to a healthcare provider or emergency services personnel in a medical or other emergency. COHUM will use its best effort to verify that the person requesting information is a healthcare provider or emergency services personnel and requires immediate access to the Member Information in circumstances where you (or the Member, if you are applying on behalf of another person) are unable to provide it. However, COHUM cannot guarantee the identity of the requestor.
5. Without limiting any other provisions of these Terms and Conditions, you release COHUM from any claim by you or anyone else for any liability:
a. for loss or damage sustained by you or any other person, arising directly or indirectly as a result of the provision of the Member Information to any person or organization;
c. if any part of the Member Information provided by COHUM is used or misused by the recipients or third parties for any reason;
d. for any medical or otherwise action taken by medical personnel or third parties.
6. Application by parent or guardian
If you are making an Application as the parent or guardian of the Member, you certify that you are authorized to complete the Application on behalf of the Member and that the information provided is complete and accurate. You agree to indemnify and keep indemnified COHUM from and against any cost, claim, loss or damage either directly or indirectly as a result of the breach by you of these Terms and Conditions.
COHUM is dedicated to keeping your information private. COHUM’s privacy policies explain how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that COHUM can use such data in accordance with our privacy policies.
Our Services allow you to upload, submit, store, review or update Member Information. You retain ownership of that Member Information. When you upload, submit, store, or update Member Information to or through our Services, you give COHUM (and those we work with) worldwide, unlimited, irrevocable license to use, host, store, reproduce, modify, create derivative works (such as those resulting from analytics, adaptations or other changes we make, communicate, or publish the data. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones that may or may not be used for commercial purposes. This license continues even if you stop using our Services (for example, your Membership is cancelled).
COHUM takes all reasonable steps to protect your Member Information to include physical security, computer and network security, communications security and personnel security. You accept there are risks associated with any transactions, particularly across the Internet, and accept these Terms and Conditions for all dealings and transactions entered into with COHUM.
USE OF COHUM SERVICES
The release of the Member Information to a healthcare provider or emergency services personnel in a medical or other emergency depends on the healthcare provider or emergency services personnel or Good Samaritans being aware of your membership with COHUM. COHUM recommends that you share information about the existence of your COHUM ID and critical medical emergency information with your fellow-travellers, co-workers, team members, tour operators and other such personnel so that they are aware of and can take immediate measures to identify you, your contact information, and your critical medical details in an emergency. In this way the precious seconds and minutes following the emergency will be saved and may help save your life.
You will find information on the Site about how you should wear or display your COHUM medical ID. It is important that you follow those recommendations. COHUM devotes considerable effort in promoting awareness among healthcare providers and emergency services personnel that in an emergency situation they should check the person for the COHUM ID. If the COHUM ID is not displayed in accordance with the recommendations of COHUM it will greatly reduce the likelihood that the COHUM ID will come to the attention of a healthcare provider or emergency services personnel in an emergency.
COHUM SERVICE LIMITATIONS
While COHUM uses all reasonable efforts to promote and continue awareness of COHUM among healthcare providers and emergency services personnel COHUM does not guarantee that even if a COHUM ID is worn in accordance with the recommendations on the Site, it will, in every emergency situation, be detected by the relevant personnel. COHUM cannot guarantee that Good Samaritans, medical/healthcare professionals or first responders will be aware of and/or actively look for the COHUM ID.
COHUM’s medical emergency service begins with receipt of a phone call on COHUM’s emergency hotline number. COHUM cannot guarantee the receipt of a phone call be due to network connectivity or any other reason, which may or may not be outside the scope of COHUM’s control.
Upon receipt of a phone call on the COHUM emergency hotline, COHUM will make all reasonable effort:
a. to identify the location of the incident;
b. to locate appropriate medical help, but COHUM cannot guarantee such help;
c. to request dispatch of emergency medical services such as ambulance, paramedics or other, but COHUM cannot guarantee that such services may arrive in time or at all;
d. to locate appropriate hospitals or medical facility that will accept the COHUM member, but COHUM cannot guarantee that such a facility may be available or reachable in time.
e. to reach the COHUM members’ family and emergency contacts available in the COHUM database and apprise them of the situation, but COHUM cannot guarantee such correspondence due to reasons like network connectivity and others which are beyond COHUM’s scope of control.
Accordingly, you acknowledge, accept and agree that you will not hold COHUM liable:
a. for non-receipt of phone calls to the COHUM hotline or any other number;
b. for delay or no-show of any emergency medical personnel, Good Samaritan, hospital, or first responder;
c. for non-admission into a medical facility due to any reason, including, but not limited to, guarantee of payments by the members;
d. for any mishaps that may be caused by or during transport, admission, medical services, discharges, or others in the time following the medical emergency.
DISCLAIMER AND RELEASES
Except as expressly provided for herein, or as required by any applicable law, COHUM makes no representations or warranties of any kind, express or implied, in relation to any information, content, materials or Services included or referred to on the Site or as to availability, functionality or performance of any Services. However, COHUM does not exclude or limit the application of any provision of any applicable statute, legislation or other regulation where to do so would contravene that statute, legislation or regulation or cause any part of this clause to be null and void in these Terms and Conditions is to be interpreted as doing so.
To the extent permitted by law COHUM excludes from these Terms and Conditions:
1. All conditions, warranties, guarantees and terms implied by statute, general law, international convention or custom, except any implied term, condition, guarantee or warranty the exclusion of which would contravene any statute or cause this clause to be void (Non-excludable Condition);
a. All liability to you for consequential or indirect damages arising out of or in connection with these Terms and Conditions even if COHUM knew they were possible, or they were otherwise reasonably foreseeable;
b. All liability to you in negligence for acts or omissions of COHUM, its employees, agents and contractors arising out of or in connection with these Terms and Conditions.
2. To the extent permitted by law, COHUM will not be liable or otherwise responsible for any loss, accident, damage or injury arising in connection with the Services, or any discrepancies in the Medical Information, whether or not caused by a defect or fault in the Service or due to COHUM’s negligence. You unconditionally free, release and discharge COHUM and its officers, agents, contractors and employees from any claim or cause of action arising in connection with the use of the Services, the Member Information or the Site by You, to the fullest extent permitted by applicable law.
3. To the extent permitted by law, COHUM’s liability to you for breach of any Non-excludable Condition which is applicable is limited to any one of, at COHUM’s option:
a. In the case of goods, including Products – repairing or replacing the goods in respect of which the breach occurred, supplying equivalent goods, payment of the cost of replacing the goods or acquiring equivalent products, or payment of the cost of having the goods repaired;
b. In the case of services – the supply of the services again, or payment of the cost of having the services supplied again.
c. Your use of this Site is at your own risk. COHUM does not accept responsibility for any loss or damage howsoever caused, whether through negligence or otherwise which you may directly or indirectly suffer in connection with the use of this Site, or the Services or the Member Information, nor does COHUM accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this Site.
d. Given the nature of the internet, COHUM cannot guarantee that the Site is free from viruses, hack-attacks, or malware, or other conditions which could damage or interfere with your computer systems and COHUM does not warrant that your access to the Site will be uninterrupted, error free or that any defects will be corrected. You access the Site at your own risk and must ensure that you have in place your own precautions so that the accessing of this Site does not expose you to the risk of viruses or other forms of interference which may damage your own computer system.
PARTNER BUSINESSES AND SERVICES
There may be links on the Site which direct you to a third party websites owned and operated by organizations other than COHUM. The terms and conditions of those sites are separate from these Terms and Conditions, and related to the site that you are visiting and should be reviewed by you and agreed upon as required. COHUM is not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their websites even though there may be a link to the site on the Site. Any link does not constitute our endorsement or approval of the contents of those websites, and COHUM does not assume any responsibility or liability for the actions, products, and content of such sites or their third party operators.
MODIFYING AND TERMINATING OUR SERVICES
We are constantly changing and improving our Services. We may add or remove functionality or features, and we may suspend or stop a Service altogether. You can stop using our Services at any time, although we’ll be sorry to see you go. COHUM may also stop providing Services to you, or add or create new limits to our Services at any time.
We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice.
OUR WARRANTIES AND DISCLAIMERS
We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services.
Other than as expressly set out in these terms or additional terms, neither COHUM nor its suppliers or partners make any specific promises about the Services. For example, we don't make any commitments about the content within the Services, the specific functions of the Services, or their reliability, availability, or ability to meet your needs. We provide the Services "as is" and promise our best effort.
Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by law, we exclude all warranties.
LIABILITY FOR OUR SERVICES
When permitted by law, COHUM and COHUM’s suppliers and partners will not be responsible for lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages.
To the extent permitted by law, the total liability of COHUM and its suppliers and partners for any claims under these terms, including for any implied warranties, is limited to the amount you paid us to use the Services (or, if we choose, to supplying you with the Services again).
In all cases, COHUM and its suppliers and partners will not be liable for any loss or damage that is not reasonably foreseeable.
BUSINESS USES OF OUR SERVICES
If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify COHUM and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
ABOUT THESE TERMS
We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We may post notice of modifications to these terms on this page. We may post notice of modified additional terms in the applicable Service. Changes may not apply retroactively in some cases and will become effective within seven days after they are posted, unless mentioned otherwise. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.
If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.
These terms control the relationship between COHUM and you. They do not create any third party beneficiary rights.
If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).
If it turns out that a particular term is not enforceable, this will not affect any other terms.
The laws of Pune and Maharashtra, India will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the courts of Pune, and you and COHUM consent to personal jurisdiction in those courts.
For information about how to contact COHUM, please visit our contact page.