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.
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.
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.
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 email@example.com.
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.
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.
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.
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. 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;
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
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.