Effective Date:
ERemedium Private Limited ("ERemedium") is the author and publisher of the internet resource www.medxplain.eremedium.in (“Website”) and ERemedium along with its affiliates (“us,” “we,” or “our”) owns and operates the Medxplain the interactive online services provided through the Website.
1. GENERAL
a. Welcome to www.medxplain.eremedium.in, (“Website”) one of World’s Largest Health Education Platform. The following terms and conditions, together with any documents they expressly incorporate by reference, govern your access to and use of www.medxplain.eremedium.in, including any content, functionality and services offered on or through www.medxplain.eremedium.in, including all Medxplain programs.
b. By accessing the Site either directly or through a hyperlink, You accept to abide by the following Terms of Use and the Privacy Policy (separately provided). The Site has created a Privacy Policy setting forth how information about You is collected, used and stored. You acknowledge and agree that the Site may use Your personal information in the manner described in our Privacy Policy.
c. It is specifically recommended that before using the Site, You must read the Terms of Use and the Privacy Policy carefully. If You do not agree or are not willing to be bound by the Terms of Use and/or the Privacy Policy, please do not seek to obtain access to or otherwise use the Site. Further, based on the Services obtained by a User, additional terms and conditions in respect of the specific Services may apply, which shall be deemed an agreement between the Users and the Company.
d. For the purpose of this Terms of Use, the term “User” or “You” shall mean any natural or legal person who is accessing the Site. The term ‘Your’ shall be construed accordingly.
e. Your access to use of the Website and the Services will be solely at the discretion of ERemedium.
f. The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:
i. the Indian Contract Act, 1872,
ii. the (Indian) Information Technology Act, 2000, and
iii. the rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”).
2. ABOUT THE SITE
a. The Site is one of India’s largest health education platform and provides insightful health and wellbeing information which reduces the knowledge gap between Doctors and Patients.
b. The Site does not screen or censor the Users who register on and access the Site. You assume all risks associated with dealing with other Users with whom You may come in contact through the Site. The User acknowledges that the Company only acts as a medium to educate the User, but under no circumstances provides medical advice.
c. Users agree to use the Site only for lawful purposes without infringing the rights or restricting the use of this Site by any third party.
d. Website and website content are provided on an “as is” basis. We offer health related website content to educate and to aid the general understanding of users. Nothing contained in our website should be taken, considered or used as a substitute for medical advice, diagnosis or treatment. Always verify the information provided before relying on it to treat or advise patients.
e. To the extent you are evaluating our website content for personal matters, never disregard, avoid or delay in obtaining medical advice from your physician or other qualified healthcare provider because of something you have read or seen on our website. You should always consult with a physician or other qualified healthcare provider before making any medical decisions. If you have or suspect that you have a medical problem or condition, please contact a qualified health care professional immediately.
3. COMMUNICATIONS
a. You understand that each time You use the Site in any manner, You agree to these Terms of Use and the Privacy Policy. By agreeing to these Terms of Use, You acknowledge that You are interested in using the Site or the Services offered by the Company.
b. By accessing the Site, You undertake to explicitly consent to receive communications via phone or electronic records from the Site including e-mail messages telling You about products and services offered by the Site (or the Company, its subsidiaries, affiliates and partners) and understanding Your requirements. The communication can also be by posting any notices on the Site.
c. You agree that the communications sent to You by the Site shall not be construed as spam or bulk under any law prevailing in any country where such communication is received. By registering Your phone number on the Site, You expressly authorize us to override the national Do-Not-Disturb Registry (DND) i.e. - even if Your registered phone number falls under DND list of National Consumer Preference Registry (NCPR/NDNC), You voluntarily allow us the authority to call You at the same. You understand and agree that such communications are part and parcel of Your registration for and use of the Site;
d. You specifically understand and agree that by using this Site You authorize the Company and its affiliates and partners to contact You by email/calls and/or reminders in relation to the services provided through the Site. You also agree that the Company reserves the right to make Your details available to its partners who may contact You in a similar manner by telephone/email/sms or any other electronic manner for the purpose of providing information about the products provided by them. If You do not wish to receive further communications from the Site (or its affiliates and partners), You must cancel Your registration by emailing us at info@eremedium.com.
4. REGISTRATION
a. In order to use the Services provided by the Site, You must register yourself with the Site and create an account.
b. In consideration of Your use of the Site, You agree to
i. provide accurate, current and complete information about You as may be prompted by any registration forms on the Site or otherwise requested by the Company ("Account Information");
ii. maintain the security of Your password and identification;
iii. maintain and promptly update the Account Information, and any other information You provide to the Company, to keep it accurate, current and complete;
iv. promptly notify the Company regarding any material changes to information or circumstances that could affect Your eligibility to continue to use the Site or Service or the terms on which You use the Site or Service; and
v. be fully responsible for all use of Your account and for any actions that take place using Your account.
c. Upon registration, Your account will be created and You may be given a User ID and Password. You need to use them anytime You want to login and You shall be responsible enough to maintain its confidentiality.
d. You agree to notify the Site immediately of any unauthorized use of Your account or any other breach of security. Any breach of security or unauthorized use of Your account does not make the Company liable to indemnification.
e. The information provided by You is used to provide Services including but not limited to providing educational healthcare content, accurate healthcare content & impactful creatives for Healthcare Brands. If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate Your account and refuse any and all current or future use of the Site (or any portion thereof).
f. The Company reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion. However, mere registration with us does not imply that You are guaranteed to avail all our Services and all your requirements are met on the site. The Site only acts as a facilitator to provide appropriate healthcare content and does not construe any medical advice.
5. USE OF SITE
a. The Company grants You a limited license to access and make personal use of the Site and the Services. You agree not to use the Site and Services unlawfully or in any manner that can damage, overburden or disable the Site including but not limited to uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
b. You shall also not take any action that imposes or may impose (in Site’s sole discretion) an unreasonable or disproportionately large load on the Site infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools.
c. You shall not create multiple accounts with false information or attempt to use accounts of other Users. You agree not to collect contact information of other Users from the Site by means of unsolicited access so as to communicate directly with them. You are not permitted to download or copy any information for the benefit of another individual, vendor or any other third party. You agree that You shall not bypass any measures used by the Company to prevent or restrict access to the Site. Any unauthorized use by You shall terminate the permission or license granted to You by the Site.
6. MODIFICATIONS
a. The content of the pages of this Site is for Your general information and use only. The Site reserves the absolute and unconditional right to change or discontinue, amend, alter, change, modify, discard, replace any aspect or feature of the Site (including, but not limited to, the contents, hours of availability and equipment/ information needed/required for access or use) or add any other terms and conditions to this Site and the Terms of Use of the Site. The Site may, also discontinue disseminating any portion of information or category of information, change or eliminate any transmission method and may change transmission speeds or other signal characteristics. Any such amendment, alteration, change, modifications, replacement or addition shall become effective immediately upon being used by the Site or being posted to the Site. It is Your sole responsibility to check the Site from time to time to view any such changes in the Terms of Use and the Privacy Policy. If You do not agree to any such amendment, alteration, change, modifications, replacement or addition, if and when such changes are made to the Terms of Use and the Privacy Policy, You must cease use of the Site. Your use of the Site after such amendment, alteration, change, modifications, replacement or addition to the Terms of Use and the Privacy Policy indicates that You agree to such modified Terms of Use and/or the Privacy Policy.
7. ELIGIBILITY
a. The Site is to be used only by persons who can form legally binding contracts. If You are a minor i.e. under the age of 18 (eighteen) years, You shall not use the Site. As a minor if You wish to access the Site then such access may be made by Your legal guardian or parents who would have to agree with these Terms of Use and Privacy Policy. The Site reserves the right to terminate and/or refuse to provide You with access to the Site if it is brought to the Site’s notice or if it is discovered that You are under the age of 18 (eighteen) years. Further, if You are using the Site on behalf of other legal entity, You represent that You are duly authorized by such legal entity to accept the terms of this Terms of Use and the Privacy and You have the authority to bind such entity to this Terms of Use and the Privacy Policy.
8. YOUR RESPONSIBILITIES
a. You acknowledge that the Site is not responsible or liable and does not control the content of any information that may be posted to the Site by You or other User of the Site and You are solely responsible for the same.
b. You are not permitted to post any content that:
i. infringes on any third party's intellectual property or proprietary rights, or rights of publicity or privacy, whether knowingly or unknowingly;
ii. violates any law, statute, ordinance or regulation;
iii. is defamatory, libelous, threatening, unlawful, harassing, indecent, abusive, obscene, or lewd and lascivious or pornographic, or exploits minors in any way or assists in human trafficking or content that would violate rights of publicity and/or privacy or that would violate any law;
iv. contains viruses or other similar harmful or deleterious programming routines;
v. damages, disables, overburdens, or impairs the Site or any other party's use of the Site;
vi. contains hyperlinks to any other sites;
vii. discriminates on the grounds of race, religion, national origin, gender, disability, age, marital status, sexual orientation, or refers to such matters in any manner prohibited by law;
viii. personally threatens or has the effect of personally threatening other Users.
c. You are not allowed to modify, copy, distribute, transmit, display, reproduce, publish, license, sell or transfer any information contained in the Site. You also agree that if You come across anything on the Site which appears to infringe this Terms of Use, You will immediately contact us on info@eremedium.com. The Company has the full authority to review all content posted by Users on the Site. You further agree that You will not transmit any information, data, text, files, links, software, chats, communication or other materials that is unlawful, false, misleading, harmful, threatening, abusive, invasive of another's privacy, harassing, defamatory, vulgar, obscene, hateful or racially or otherwise objectionable, including without limitation material of any kind or nature that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, provincial, national, or international law or regulation, or encourage the use of controlled substances. You agree to comply with all applicable laws, statutes and regulations concerning Your use of the Site. You agree that You shall not create a link to this Site from another website or document without the Site’s prior written consent. Further, You shall not upload, post, or transmit any content that You do not have a right to make available (such as, the intellectual property of another party. You agree to abide by all the additional terms and conditions in order to avail the Services.
9. GENERAL DISCLAIMER AND LIMITATION
a. Although the Company has attempted to provide accurate information on the Site, the Site assumes no responsibility for the accuracy of the information. The Site make no representations in respect of the suitability, reliability, availability, timeliness, lack of viruses or other harmful components and accuracy of the information, software, products, services and related graphics contained within the Sites for any purpose.
b. All information, software, products, services and related graphics are provided on this site is “as is” and “as available” basis with without warranty of any kind, either expressed or implied.
c. The Site disclaims all warranties, expressed or implied including, without limitation, all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement or arising from a course of dealing, usage, or trade practice. Company makes no representation about the suitability of the information, software, products, and services contained on this Site for any purpose, and the inclusion or offering of any products or services on this Site does not constitute any endorsement or recommendation of such products or services.
d. The Site makes no warranty that the use of the Site will be uninterrupted, timely, secure, without defect or error free. You expressly agree that use of the site is at Your own risk. The Site shall not be responsible for any content found on the Site. Your use of any information or materials on this site or otherwise obtained through use of this Site is entirely at Your own risk, for which the Company shall not be liable.
e. It shall be Your own responsibility to ensure that any products, services or information available through this Site meet Your specific requirements. You will be solely responsible for any damages to Your computer system or loss of data that results from the download of any information and/or material. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to You.
f. You acknowledge and understand that the Site may contain links to other web sites operated by third parties (“Linked Sites”). You further acknowledge that, when You click on a link to visit a Linked Sites, a frame may appear that may contain the Site logo, advertisements and/or other content selected by the Site. You acknowledge that the Site neither endorse nor are affiliated with the Linked Sites and are not responsible for any content of any Linked Sites or any link contained in a Linked Sites, or any changes or updates to such websites.
g. You also acknowledge that the Site is providing these links to You only for Your convenience. the Site does not endorse in anyway any advertisers/ contents of advertisers on the Site. Please therefore verify the veracity of all information on Your own before undertaking reliance and acting thereupon. the Site shall not be responsible nor liable for any consequential damages arising on account of Your relying on the contents of those advertisements or otherwise in relation to such Linked Sites.
h. Company is just a facilitator for providing healthcare information and related services and does not intent to endorse claims and advice of third party/person. Users are strongly recommended to verify information, facts and figures before coming to a conclusion and resorting to taking a decision.
i. You understand that all postings, messages, advertisements, photos, sounds, images, text, files, video or other materials posted on, transmitted through, or linked from the Site, are solely the responsibility of the person from whom such Content originated and the Site does not control, and is not responsible for Content available on the Site.
j. The Site shall not be responsible for any interaction between You and the other users of the Site. Your dealings with others through the Site are solely between You and such other parties. Under no circumstances will the Site be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto. The Site is under no obligation to become involved in any disputes between You and other users of the Site or between You and any other third parties. You agree to release the Site from any and all claims, demands, and damages arising out of or in connection with such dispute.
k. You specifically agree that the Site shall not be responsible for unauthorized access to or alteration of Your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Site.
l. You specifically agree that the Site is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights.
m. You specifically agree that the Site is not responsible for any content sent using and/or included in the Site by any third party. You also agree and understand that while the Site has made reasonable efforts to safeguard the Site, it cannot and does not ensure or make any representations that the Site or any of the information provided by You cannot be hacked by any unauthorised third parties. You also understand that in such an event there is a possibility that such unauthorised third parties may use all or any of the information provided by You or posted by You on the Site in contravention and violation of this Terms of use or the Privacy Policy or send You spam messages or deal with such information in any other form or manner. You hereby agree and confirm that the Site shall not be held liable or responsible in any manner whatsoever for such hacking or any loss or damages suffered by You due to unauthorized access of the Site by third parties or for any such use of the information provided by You or any spam messages or information that You may receive from any such unauthorised third party (including those which are although sent representing the name of the Site but have not been authorized by the Site) which is in violation or contravention of this Terms of Use or the Privacy Policy.
n. In no event shall the Company be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the site, with the delay or inability to use the site or related services, the provision of or failure to provide Services, or for any information, software, products, services and related graphics obtained through the site, or any interaction between You and other participants of the Site or otherwise arising out of the use of the Site, damages resulting from use of or reliance on the information present, whether based on contract, tort, negligence, strict liability or otherwise, even if the Site or any of its affiliates/suppliers has been advised of the possibility of damages.
o. You accept all responsibility for, and hereby agree to indemnify and hold harmless the company from and against, any actions taken by You or by any person authorized to use Your account, including without limitation, disclosure of passwords to third parties. By using the Site, You agree to defend, indemnify and hold harmless the indemnified parties from any and all liability regarding Your use of the site or participation in any site's activities. If You are dissatisfied with the Site, or the Services or any portion thereof, or do not agree with these terms, Your only recourse and exclusive remedy shall be to stop using the site.
10. DISCLOSURE OF INFORMATION
a. You acknowledge, consent and agree that the Site may access, preserve and disclose Your account information and the content You upload, post, or otherwise make available on the Site if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) comply with legal requirements imposed by Central, State or Local law or authorities (iii) enforce these Terms; (iv) respond to claims that any such content violates the rights of third parties; (v) respond to Your requests for customer service; or (vi) protect the rights, property or personal safety of the Site, its users and the public.
11. ACCESS TO SITE
a. You acknowledge and confirm that the Site is not an internet service provider and in order to avail of the services provided by the Site, You must have internet access and the skills required for web usage. The Site will try to ensure that Site availability is uninterrupted and that transmissions will be error-free. However, the Site cannot guarantee that Your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or the introduction of new facilities or services.
12. CONFIGURATIONS AND MINIMUM ESSENTIALS
a. The Site does not expressly recommend any particular software, operating system, application to use and access to this Site. If for any particular reason, the Site does not open or is unable to be displayed in full in the visitor's computer or mobile or any digital device then the Site shall not be held liable for any act, omission or commission that may occur because of the same. It shall solely be Your responsibility and liability to keep Your computer in consonance with the latest updated commonly used industry practices so as to be able to access the Site; though latest standards cannot be defined or categorized. the Site does not recommend or lay down any set of standards for the purpose of viewing the Site.
13. INTELLECTUAL PROPERTY RIGHTS
a. The Website and its entire contents (and any derivative works or enhancements of the same) including, but not limited to, all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, and interactive features (collectively, the “Website Content”) and all intellectual property rights to the same are owned by us, our licensors, or both. Additionally, all trademarks, patents, trade secrets and other intellectual property rights that may appear on the Website are owned by us, our licensors, or both. Except for the limited use rights granted to you in these Terms of Use, you shall not acquire any right, title or interest in the Website or any Website Content. Any rights not expressly granted in these Terms of Use are expressly reserved. You must not reproduce, distribute, modify, create derivative works of, publicly perform, republish, download, store or transmit, any of the material on our Website except to print pages of the Website for your own personal, non-commercial use, and store files automatically cached by your web browser or display enhancement purposes.
14. TERMINATION
a. In addition to the rights above, the Site shall have the right to terminate or suspend access to the Site at its sole discretion, if the User is found to be in breach of these Terms of Use or the Privacy Policy. The User further accepts that the Site shall incur no liability for such termination or suspension. Further, in the event there is any unauthorized access to the Site, the Site reserves the right, at its sole discretion, to cancel subscriptions, terminate accounts without giving You any prior notice.
15. INDEMNITY
a. You expressly agree that You shall indemnify, defend and hold the Site and its affiliates, owners, agents, directors, officers, employees, representatives, sponsors, suppliers, or partners (“Indemnified Parties”) harmless from and against any and all third party claims, allegations, demands, liabilities, losses, damages, awards, judgments or settlements, including all reasonable costs and expenses related thereto including attorney’s fees (“Claims”),that may be asserted, granted, imposed or brought against the Indemnified Parties due to or arising out of Your use of the Site, or other users of the Site using Your computer, of any intellectual property or other right of any person or entity including without limitation on account of the followings:
i. infringement or alleged infringement by You of any rights in and to patents, trademarks (registered or unregistered), service marks, logo, design rights, copyright, rights to extract or re-utilise data from a database or other database rights, registered designs, confidential information and any other industrial or commercial property right whatsoever, whether existing now or in the future of any third party; or
ii. use or misuse of the services of the Site by You;
iii. if You breach any of the Terms of Use or/and Privacy Policy;
iv. if any representation and warranty made by You being incorrect, false and misleading in any manner whatsoever; and
v. any third party claim or any offence committed by You in any manner whatsoever and under all applicable laws.
16. GOVERNING LAW AND DISPUTE RESOLUTION
a. All matters relating to the Website and these Terms of Use shall be governed by and construed in accordance with the laws of India without regard to its conflict of laws rules. Any legal proceedings against that may arise out of, relate to, or be in any way connected with our Website or these Terms of Use shall be brought exclusively in the courts at Noida, UP – 201301 and you waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
b. We each agree to first contact each other with any disputes and provide a written description of the problem, all relevant documents/information and the proposed resolution, and allow at least thirty (30) days to resolve the dispute before proceeding to arbitration.
c. The parties understand that they would have had a right or opportunity to litigate disputes through a court and to have a judge or jury decide their case, but they chose to have any disputes resolved through arbitration.
17. MISCELLANEOUS
a. A waiver of any term or condition set forth in these Terms of Use shall not be deemed to be a waiver of any preceding or subsequent waiver of any other term or condition, and any failure to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
b. Except where specifically stated, if any part of these Terms of Use are unlawful or unenforceable for any reason, only that part of the Terms of Use shall be stricken and the remaining provisions in the Terms of Use will continue in full force and effect.
c. These Terms of Use (including the Privacy Policy and any Additional Terms incorporated by reference) constitute the sole and entire agreement between the parties with respect to the subject matter hereof, and supersede all previous discussions, representations, agreements and commitments, both written and oral, with respect to the Website.
d. You may not assign these Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, without our prior written consent. Any such purported assignment or delegation by you without the appropriate prior written consent will be null and void and of no force and effect. We may assign these Terms of Use or any rights hereunder without your consent and without notice.
