Terms

TERMS AND CONDITIONS

1. NATURE AND APPLICABILITY OF TERMS

   Please carefully go through these terms and conditions ("Terms") and the privacy policy available at http://www.emedis.in/privacy/ ("Privacy Policy")before you decide to access the Website or avail the services made available on the Website by Emedisin . These Terms and the Privacy Policy together constitute a legal agreement ("Agreement") between you and Emedisin in connection with your visit to the Website and your use of the Services (as defined below).

   The Agreement applies to you whether you are

   • i.

     A medical practitioner or health care provider (whether an individual professional or an organization) or similar institution wishing to be listed, or already listed, on the Website, including designated, authorized associates of such practitioners or institutions ("Practitioner(s)", "you" or "User"); or

   • ii.

     A patient, his/her representatives or affiliates, searching for Practitioners through the Website ("End-User", "you" or "User"); or

   • iii.

     Otherwise a user of the Website ("you" or "User"). This Agreement applies to those services made available by Emedisin on the Website, which are offered free of charge to the Users ("Services"), including the following:

   • iv.

     For Practitioners: Listing of Practitioners and their profiles and contact details, to be made available to the other Users and visitors to the Website;

   • v.

     For other Users: Facility to (i) create and maintain ‘Health Accounts’, (ii) search for Practitioners by name, specialty, and geographical area, or any other criteria that may be developed and made available by Emedisin, and (iii) to make appointments with Practitioners.

     The Services may change from time to time, at the sole discretion of Emedesin, and the Agreement will apply to your visit to and your use of the Website to avail the Service, as well as to all information provided by you on the Website at any given point in time.

     This Agreement defines the terms and conditions under which you are allowed to use the Website and describes the manner in which we shall treat your account while you are registered as a member with us. If you have any questions about any part of the Agreement, feel free to contact us at contact@emedis.in. By downloading or accessing the Website to use the Services, you irrevocably accept all the conditions stipulated in this Agreement, the Subscription Terms of Services and Privacy Policy, as available on the Website, and agree to abide by them.

     This

     Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you relating to your use of the Website to avail the Services. By availing any Service, you signify your acceptance of the terms of this Agreement. We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time, and such modifications shall be informed to you in writing You should read the Agreement at regular intervals. Your use of the Website following any such modification constitutes your agreement to follow and be bound by the Agreement so modified. You acknowledge that you will be bound by this Agreement for availing any of the Services offered by us. If you do not agree with any part of the Agreement, please do not use the Website or avail any Services. Your access to use of the Website and the Services will be solely at the discretion of Emedisin.

     The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:

   • vi.

     The Indian Contract Act, 1872,

   • vii.

     The (Indian) Information Technology Act, 2000, and

   • viii.

     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. CONDITIONS OF USE

   You must be 18 years of age or older to register, use the Services, or visit or use the Website in any manner. By registering, visiting and using the Website or accepting this Agreement, you represent and warrant to Emedisin that you are 18 years of age or older, and that you have the right, authority and capacity to use the Website and the Services available through the Website, and agree to and abide by this Agreement.

3. TERMS OF USE APPLICABLE TO ALL USERS OTHER THAN PRACTITIONERS

   The terms in this Clause 3 are applicable only to Users other than Practitioners.

4. TERMS OF USE APPLICABLE TO ALL USERS OTHER THAN PRACTITIONERS

   The terms in this Clause 3 are applicable only to Users other than Practitioners.

   • 3.1 END-USER ACCOUNT AND DATA PRIVACY
   • 3.1.1 The terms “personal information” and “sensitive personal data or information” are defined under the SPI Rules, and are reproduced in the Privacy Policy.
   • 3.1.2 Emedisin may by its Services, collect information relating to the devices through which you access the Website, and anonymous data of your usage. The collected information will be used only for improving the quality of Emedisin services and to build new services.
   • 3.1.3 The Website allows Emedisin to have access to registered Users’ personal email or phone number, for communication purpose so as to provide you a better way of booking appointments and for obtaining feedback in relation to the Practitioners and their practice.
   • 3.1.4 The Privacy Policy sets out, inter-alia:
   • i. The type of information collected from Users, including sensitive personal data or information;
   • ii. The purpose, means and modes of usage of such information;
   • iii. How and to whom Emedisin will disclose such information; and,
   • iv. Other information mandated by the SPI Rules.
   • 3.1.5 The User is expected to read and understand the Privacy Policy, so as to ensure that he or she has the knowledge of, inter-alia:
   • v. the fact that certain information is being collected;
   • vi. the purpose for which the information is being collected;
   • vii. the intended recipients of the information;
   • viii. the nature of collection and retention of the information; and
   • ix. the name and address of the agency that is collecting the information and the agency that will retain the information; and
   • x. The various rights available to such Users in respect of such information.
   • 3.1.6 Emedisin shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User to Emedisin or to any other person acting on behalf of Emedisin.
   • 3.1.7 The User is responsible for maintaining the confidentiality of the User’s account access information and password, if the User is registered on the Website. The User shall be responsible for all usage of the User’s account and password, whether or not authorized by the User. The User shall immediately notify Emedisin of any actual or suspected unauthorized use of the User’s account or password. Although Emedisin will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Emedisin or such other parties as the case may be, due to any unauthorized use of your account.
   • 3.1.8 If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Emedisin has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Emedisin has the right to discontinue the Services to the User at its sole discretion.
   • 3.1.9Emedisin may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.
   • 3.1.10Against every Practitioner listed in Emedisin.com, you may see a ‘show number’ option. When you choose this option, you choose to call the number through a free telephony service provided by Emedisin, and the records of such calls are recorded and stored in Emedisin’s servers. Such records are dealt with only in accordance with the terms of the Privacy Policy. Such call facility provided to you by Emedisin should be used only for appointment and booking purposes, and not for consultation on health-related issues. Emedisin accepts no liability if the call facility is not used in accordance with the foregoing.
   • 3.2 RELEVANCE ALGORITHM Emedisin’s relevance algorithm for the Practitioners is a fully automated system that lists the Practitioners, their profile and information regarding their Practice on its Website. These listings of Practitioners do not represent any fixed objective ranking or endorsement by Emedisin. Emedisin will not be liable for any change in the relevance of the Practitioners on search results, which may take place from time to time. The listing of Practitioners will be based on automated computation of the various factors including inputs made by the Users including their comments and feedback. Such factors may change from time to time, in order to improve the listing algorithm. Emedisin in no event will be held responsible for the accuracy and the relevancy of the listing order of the Practitioners on the Website.

5. LISTING CONTENT AND DISSEMINATING INFORMATION

   • 4.1 Emedisin collects, directly or indirectly, and displays on the Website, relevant information regarding the profile and practice of the Practitioners listed on the Website, such as their specialization, qualification, fees, location, visiting hours, and similar details. Emedisin takes reasonable efforts to ensure that such information is updated at frequent intervals. Although Emedisin screens and vets the information and photos submitted by the Practitioners, it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.
   • 4.2 The Services provided by Emedisin or any of its licensors or service providers are provided on an "as is" and “as available’ basis, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). Emedisin does not provide or make any representation, warranty or guarantee, express or implied about the Website or the Services. Emedisin does not guarantee the accuracy or completeness of any content or information provided by Users on the Website. To the fullest extent permitted by law, Emedisin disclaims all liability arising out of the User’s use or reliance upon the Website, the Services, representations and warranties made by other Users, the content or information provided by the Users on the Website, or any opinion or suggestion given or expressed by Emedisin or any User in relation to any User or services provided by such User.
   • 4.3 The Website may be linked to the website of third parties, affiliates and business partners. Emedisin has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through our Website. Inclusion of any link on the Website does not imply that Emedisin endorses the linked site. User may use the links and these services at User’s own risk.
   • 4.4 Emedisin assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If a User is dissatisfied with the Website, User’s sole remedy is to discontinue using the Website.
   • 4.5 If Emedisin determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, Emedisin reserves the right to immediately suspend your access to the Website or any of your accounts with Emedisin and makes such declaration on the website alongside your name/your clinic’s name as determined by Emedisin for the protection of its business and in the interests of Users. You shall be liable to indemnify Emedisin for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected Emedisin or its Users.

6. Use of the Services

   The Services are intended for physicians and other healthcare professionals. By using the Services, you represent and warrant that you have the right, authority, and capacity to agree to and abide by these Terms and that you are not prohibited from using the Services or any portion thereof. The information and tools that we make available through the Services are provided for educational and informational purposes only. While we hope you find the Services useful to you as a healthcare professional, they are in no way intended to serve as a diagnostic service or platform, to provide certainty with respect to a diagnosis, to recommend a particular product or therapy or to otherwise substitute for the clinical judgment of a qualified healthcare professional. You agree that you will not use the Services with the intention of creating any kind of physician/patient relationship, e.g., to diagnose or treat users. You are solely responsible for evaluating the information obtained from the Services and for your use or misuse of such information in connection with your treatment decisions or otherwise. You agree that you shall be solely responsible for your compliance with all laws and standards of professional practice applicable to you and the practice of medicine or other relevant health profession. If you are a consumer who chooses to access the professional-level information made available through the Services, you should not rely on that information as professional medical advice or use the Services as a replacement for any relationship with your physician or other qualified healthcare professional. For medical concerns, including decisions about medications and other treatments, consumers should always consult their physician or, in serious cases, seek immediate assistance from emergency medical personnel. Subject to your compliance with these Terms, you are granted a limited, non-exclusive, non-transferable and non-sub licensable license to use the Services and to view the information and materials made available through the Services, including User Content for your personal and professional use. You shall not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted in these Terms. Emedisin may contain links to third-party websites or resources which are not part of the Emedisin Network. You agree that we are not responsible or liable for these websites and resources including, without limitation, their availability or the content and information that they provide. Network of third party resources, including links to third party websites, does not imply our endorsement of these resources. You agree that you will not engage in any of the following activities in connection with your use of the Services:

   • 1. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Services;
   • 2. Use, display, mirror or frame a Emedisin Site or Emedisin App, or any component thereof, or Emedisin's trademark, logo or other proprietary information, without the written consent of Emedisin, as applicable;
   • 3. Remove any copyright, trademark or other proprietary rights notices contained within the Emedisin Network, including those of Emedisin and any of their respective licensors;
   • 4. Infringe or use the Emedisin brand, logos and/or trademarks in any business name, email, URL or other context unless expressly approved in writing by Emedisin, as applicable;
   • 5. Attempt to circumvent any protective technological measure associated with the Services;
   • 6. Attempt to access or search a Emedisin Site, Emedisin App or any content contained therein through the use of any engine, software, tool, agent, device or mechanism (including scripts, bots, spiders, scraper, crawlers, data mining tools or the like) other than through software generally available through web browsers;
   • 7. Post, upload, transmit or otherwise distribute chain letters, pyramid schemes, advertising or spam;
   • 8. Impersonate or misrepresent your affiliation with another person or entity;
   • 9. Harvest or otherwise collect information about others, including email addresses;
   • 10. Interfere with or disrupt any of the Services or the associated computer or technical delivery systems;
   • 11. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing a Emedisin Site or a Emedisin App;
   • 12. Fail to respect another user's privacy. This includes revealing another user's password, phone number, address, instant messenger I.D. or address or any other personally identifiable information; or
   • 13. Use an Emedisin Site, Emedisin App, the Services or any Emedisin Content in any manner not permitted by these Terms.

   We may (but are not obligated to) do any or all of the following without notice:

   • 1. Record or pre-screen User Content submissions to public areas within the Emedisin Network;
   • 2. Investigate your use of the Services as we deem appropriate to comply with any applicable law, regulation, government request or legal process;
   • 3. Remove User Content which we believe does not comply with these Terms of Use;
   • 4. Terminate your access to the Emedisin Network upon our determination that you have violated these Terms of Use; and
   • 5. Edit Emedisin Content.

   • LIMITATION OF LIABILITY

     In no event, including but not limited to negligence, shall Emedisin, or any of its directors, officers, employees, agents or content or service providers (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Website or the content, materials and functions related thereto, the Services, User’s provision of information via the Website, lost business or lost End-Users, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for:

     • 1. provision of or failure to provide all or any service by Practitioners to End- Users contacted or managed through the Website;
     • 2. any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website;
     • 3. any unauthorized access to or alteration of your transmissions or data; or
     • 4. any other matter relating to the Website or the Service.
     • In no event shall the total aggregate liability of the Protected Entities to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from this Agreement or a User’s use of the Website or the Services exceed, in the aggregate Rs. 1000/- (Rupees One Thousand Only).

   • RETENTION AND REMOVAL

     Emedisin may retain such information collected from Users from its Website or Services for as long as necessary, depending on the type of information; purpose, means and modes of usage of such information; and according to the SPI Rules. Computer web server logs may be preserved as long as administratively necessary.

   • APPLICABLE LAW AND DISPUTE SETTLEMENT

     • 8.1You agree that this Agreement and any contractual obligation between Emedisin and User will be governed by the laws of India.
     • 8.2Any dispute, claim or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, or your use of the Website or the Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by Emedisin. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Bangalore. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.
     • 8.3Subject to the above Clause 8.2, the courts at Bengaluru shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the Website or the Services or the information to which it gives access.

   • CONTACT INFORMATION GRIEVANCE OFFICER

     • 9.1 If a User has any questions concerning Emedisin, the Website, this Agreement, the Services, or anything related to any of the foregoing, Emedisin customer support can be reached at the following email address: contact@emedis.in
     • 9.2 In accordance with the Information Technology Act, 2000, and the rules made there under, if you have any grievance with respect to the Website or the service, including any discrepancies and grievances with respect to processing of information, you can contact our Grievance Officer contact@emedis.in

   • SEVERABILITY

     If any provision of the Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.

   • No provision of this Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by Emedisin. Any consent by Emedisin to, or a waiver by Emedisin of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

     YOU HAVE READ THESE TERMS OF USE AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE