Terms & Conditions

1. CREATING AN ACCOUNT:

1.1 To use certain features of the App you must register with Luhn and provide certain information about yourself as prompted, including, you name, gender, date of birth, image of national identity card, address (MOH area, district, country), phone number, email address and your COVID-19 vaccination history. All of your registration information is protected by our Privacy Policy.

1.2 You represent and warrant that the information you submit during registration is truthful and accurate and that you will maintain the accuracy of such information.

1.3 Your registered account is personal to you. You may not transfer your account and you will be responsible for the activities associated with your account.

1.4 Luhn will not be liable for any loss or damages as a result of your failure to maintain the confidentiality of your account credentials. If you suspect any unauthorised use of your account, you shall immediately notify Luhn.

2. PRIVACY POLICY:

2.1 Your personally identifiable information will be used in accordance with our Privacy Policy. To understand our practices, as to how we collect, use and disclose your personally identifiable information, please refer our Privacy Policy, which also governs your use of the Luhn App.

2.2 We understand the privacy of all information you provide is of a primary importance. This is why we do everything possible to use it carefully and sensibly. This information is never shared with other companies or third party service providers.

3. COMMUNICATIONS:

3.1 As part of providing our Services to you, We may need to send routine communications to you, such as confirmation text messages and other administrative messages through your phone or email and notifications posted on the App or through other means available, including text and other forms of messaging.

3.2 You may be contacted by Service Providers with whom we have entered into a contract in furtherance of our rights, duties and obligations under other agreements, contracts and policies followed by us. Such contact will be made only in pursuance of the respective contracts, agreements and/or policies.

3.3 The sharing of the information provided by you will be governed by the Privacy Policy. We will not give out your contact information to third parties not connected with the App and the services offered by it, and/or for any purpose not in furtherance of the activities and aims of Luhn. Please refer to the 'Privacy Policy' for more information.

4. SECURITY POLICY:

4.1 Your personal information is encrypted by using 256-bit Secure Sockets Layer (SSL) encryption technology before being sent over the Internet, which ensures the privacy and high level of security of all your information.

5. CUSTOMER MEMBERSHIP/USAGE/ELIGIBILITY:

5.1 The usage of the App is restricted to those above 18 years of age, or to such group that can be termed to have attained 'majority' under the laws of the respective jurisdictions where this App can be seen and is accessible or to emancipated minors, who possess legal parental or guardian consent, or are in a position so as to be fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions.

5.2 Further, you are solely responsible for protecting the confidentiality of your account details and any activity under the account will be deemed to have been done by you. In the case that you provide us with false and inaccurate details or Luhn has reasonable reasons to believe you have done so, we hold the rights to suspend your account and/or terminate this Agreement without any notice and without being held liable for the same.

5.3 You understand the App downloaded on to your phone or tablet is owned by us and we may automatically upgrade the App and these Terms shall apply to the upgrades as well. We reserve the right to terminate this agreement without any notice and suspend the account without assigning any reason.

6. PRICE AND PAYMENT:

6.1 The installation and use of this App is free of cost and this includes only the usage of certain services of the App. You hereby understand that this no charge policy maybe amended at anytime at the discretion of the Company.

7. USE OF INFORMATION ON THE APP:

7.1 The information on this App is not a substitute for professional medical advice or treatment for specific medical conditions. It is important that you do not make medical decisions, and you should always seek the advice from qualified healthcare professional with any questions you may have about your medical condition.

8. THIRD PARTY INFORMATION:

8.1 The content on the App which includes all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, design documents, and artwork is our content (hereinafter referred to as 'Content'). The App may contain links to content of third party websites that are not associated with us. We have no control over any third party user generated content as we are merely an intermediary for the purposes of those content. In the event, if any of the Third Party Content infringes any Intellectual Property of any person, the Third Party shall be solely responsible for any loss caused and we shall not be liable.

8.2 Other than that when expressly allowed, any use of our Content and it being reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without our express prior written consent is not allowed.

9. USER OBLIGATIONS:

9.1 You are a restricted user of this App.

9.2 You are bound not to cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or software obtained from the App. With our prior permission limited use may be allowed. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the App is not permitted. You shall not, nor allow third parties on your behalf to (i) make and distribute copies of the App (ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the App; or (iii) create derivative works of the App of any kind whatsoever.

9.3 You agree not to access (or attempt to access) the App and/or the materials or Services by any means other than through the interface that is provided by the App. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the App or Content, or in any way reproduce or circumvent the navigational structure or presentation of the App, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the App.

9.4 This App by nature allows you to upload information; you undertake to ensure that such material is in accordance with applicable laws. Further, you undertake not to:

• i. engage in any activity that interferes with or disrupts access to the App or the Services (or the servers and networks which are connected to the App);
• ii. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• iii. post any file that infringes the copyright, patent or trademark of other legal entities.
• iv. upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the App or another's computer;
• v. download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
• vi. probe, scan or test the vulnerability of the App or any network connected to the App, nor breach the security or authentication measures on the App or any network connected to the App. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the App, or any other customer of the App, including any account not owned by you, to its source, or exploit the App or Service or information made available or offered by or through the App, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than your own information, as provided for by the App;
• vii. disrupt or interfere with the security of, or otherwise cause harm to, the App, systems resources, accounts, passwords, servers or networks connected to or accessible through the App or any affiliated or linked sites;
• viii. collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section.
• ix. use the App or any material or Content for any purpose that is unlawful or prohibited by these Terms and Conditions, or to solicit the performance of any illegal activity or other activity which infringes the rights of this App or other third parties;
• x. violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
• xi. violate any applicable laws or regulations for the time being in force within or outside Sri Lanka;
• xii. violate the Terms and Conditions including but not limited to any applicable Additional Terms of the App contained herein or elsewhere;
• xiii. violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
• xiv. publish, post, disseminate information that is false, inaccurate or misleading; violate any applicable laws or regulations for the time being in force in or outside Sri Lanka;
• xv. create liability for Luhn or cause Luhn to lose (in whole or in part) the services of our internet service provider ("ISPs") or other suppliers;

9.5 While we shall not be held liable or answerable to Users for any such acts on your part, violation of this clause would lead to potential criminal legal action against you, either by other Users of the App or by Luhn.

9.6 We can (and You hereby expressly authorise Us to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury. You understand that we have the right at all times to disclose any information (including the identity of the persons providing information or materials on the App) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order.

9.7 We have no obligation, to monitor the material posted on the App. We shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms and Conditions. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE APP. In no event shall we assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the App. You hereby represent and warrant that you have all necessary rights in and to all Content which you provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information.

10. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY:

10.1 All information and services included on or otherwise made available to you through this App are provided by Luhn on an "as is" and "as available" basis, either expressed or implied, we specifically disclaim warranties of any kind to the extent allowed by the applicable law. You expressly agree that your use of this App is at your sole risk.

10.2 Luhn assumes no responsibility for any damages or viruses that may infect your equipment or other property on account of your access to, use of this App.

10.3 Luhn has exerted reasonable efforts to ensure that all information published on the App is accurate at the time of posting; however, there may be errors in such information for which we shall have no liability. We reserve the right to remove or alter any of the information contained on the App at our sole discretion.

10.4 We may let you view our information and communicate with us through the Social Media services such as Facebook and Twitter. Luhn explicitly disclaims any responsibility for the terms of use and privacy policies that govern these third-party websites, which are in no way associated with us.

10.5 Luhn reserves the right to modify or withdraw any part of the App or any of its content at any time without notice.

11. APP AVAILABILITY:

11.1 We take all reasonable care to ensure the availability of the Luhn App 24 hours every day, 365 days per year. However, the App may become temporarily unavailable due to maintenance, server or other technical issues, or for reasons beyond our control. Luhn does not warrant uninterrupted access to this App or any linked App. However, we may, but shall not be obliged to, issue a notice when we know of scheduled maintenance of our App.

12. LINKS TO THIRD-PARTY WEBSITES:

12. 1 Luhn may provide link to third-party websites but we are not responsible for the availability or proper functioning of such linked pages or sites, and we will not be held responsible for any loss or inconvenience encountered as a result of using such Website link.

13. COPYRIGHTS, TRADEMARKS AND OTHER INTELLECTUAL PROPERTY RIGHTS:

13. 1 All materials in this App, including, but not limited to, images, illustrations, text, logos and page headers, that are part of this App are copyrights and/or other intellectual properties owned by Luhn Pte. Ltd. All other trademarks not owned by Luhn that appear on this App are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Luhn.

13. 2 You hereby agree that you will not reproduce, duplicate or copy the content of Luhn for any purpose, unless you have been specifically permitted to do so in a separate agreement with this App.

14. USER INDEMNIFICATION:

14. 1 You hereby agree to indemnify, defend, hold harmless Luhn and its officers, directors, employees, agents, information providers, partners, licensors, advertisers and suppliers from and against all claims, losses, expenses, damages and costs, including reasonable legal fees and costs, resulting from any violation of this agreement, or any activity related to your account, or any information or material you have submitted or will submit to us in violation of any law or in breach of any third party rights (including, but not limited to, claims in respect of defamation, invasion of privacy, or infringement of any other intellectual property right). We reserve the right to exclusively defend and control any claims arising from the above and any such indemnification matters, and you hereby agree to cooperate fully with us in asserting any available defences.

15. APPLICABLE LAW AND JURISDICTION:

15. 1 These Terms and Conditions and your use of this App and its content will be governed by and construed in all respects in accordance with the laws of the Democratic Socialist Republic of Sri Lanka and any and all disputes will be subject to the exclusive jurisdiction of the Courts of the Democratic Socialist Republic of Sri Lanka.