Welcome to the online portal www.medhos.in and Mobile Application, “MedHos” Application (both individually referred to as, the "MedHos Product", which includes the respective interfaces; i.e., Mobile Phone Application and the Website, and the services provided therein) .
In this terms “you” or “your” refers to "You/Your/User" as the user irrespective of whether you are a registered or a non-registered user or a healthcare service Provider, that uses MedHos Product. The term “MedHos”, “We”, “Us”, “Company”, “SenSure”, and “Our” refer to the MedHos Product and / or SenSure Technology Services Private Limited, a company duly incorporated under [Indian] Companies Act, 1956, as the context may so require.
The features / services of MedHos Product as a Website, is available only in India. However Non-Registered Users outside India may browse through the information provided in the Website, but not use the features/services therein.
1. THE MEDHOS PRODUCT
The MedHos Product is accessible to visitors / non-registered users, registered users and healthcare Providers. "Registered Users" are users who have registered themselves an account on the MedHos Product by providing MedHos with certain information and who can log on to the MedHos Product by providing their username and password. "Non-Registered Users" are users who are not registered with the MedHos Product but may access information on the MedHos Product. Certain features of the MedHos Product are available to Registered Users only. "Providers" are duly qualified members of medical or dental profession; persons qualified to advice on aspects of nutrition, healthcare and lifestyle and such other matters incidental thereto; and persons that are willing to share, provide or donate or are in a position to cause the delivery of supplies for purposes of medical treatment, but not including transplantation of Human organs, and (a) with whom Registered Users can book appointment/avail services using the MedHos Product or (b) who can provide information to questions raised by Registered Users or (c) with whom Registered Users can consult privately with respect to their queries or d) who can generate and provide health related information and education material for general use of Registered Users. It is clarified that the MedHos Product does not permit or in any manner encourage any transaction relating to transplant of Human Organs. Use of the MedHos Product for transplant of Human Organs is strictly prohibited and MedHos reserves its right to immediately notify law enforcement agencies of such unauthorized use.
Features of the MedHos Product:
The MedHos Product offers the following features:
a) For Registered Users:
- Access to Provider Profiles: Depending on the extent of information shared by Providers at the time of registering on the MedHos Product, the Provider’s profile containing their name, qualification, experience, specialization, consultant fees, personal statement, education, professional memberships etc. can be accessed by You. The MedHos Product offers various search features to aid you in accessing Provider profiles.
- Access to ‘Provider Availability’ for in-person appointment: Based on information communicated by the Provider, the MedHos Product shows indicative appointment slots available for in-person consultation at Provider's premises.
- To schedule in-person appointment with Provider: You may use the MedHos Product to schedule an in-person appointment with the Provider.
- To pay Provider for non-MedHos Product interaction: You may make use of the MedHos Product solely for the purpose of paying the Provider for a non-MedHos/offline interaction with such
- Platform for obtaining generic and preliminary information from Provider to a health related question: You may ask any health related question to a Provider, via the MedHos Product and obtain preliminary and generic information to such question from a Provider. MedHos does not stand by the authenticity of the professional qualification of a Provider, and You may interact/transact with any Provider via the MedHos Product, upon individually being satisfied about the qualification/capacity of the Provider, on the basis of your personal judgment, upon considering amongst others, the details provided by the Provider and as made available on the MedHos Product. Be notified that any advice provided by a Provider via the MedHos Product is an advice provided exclusive by the Provider in their professional capacity as a person qualified to provide such advice. Be further notified that neither is MedHos, MedHos Product qualified to advice on health-related matters nor can advise made available on the MedHos Product, be deemed as professional advice provided by MedHos. By your use of the MedHos Product, you confirm that you are aware of MedHos’s identity as an intermediary, providing you a platform and interface to connect with the Providers.
- Platform for viewing generic and preliminary information of Provider on questions/reviews submitted by other Registered Users: You may access the information provided by a Provider to questions/reviews submitted by other Registered Users on the MedHos Product.
b) For Non-Registered Users:
Access to Provider Profiles: Depending on the extent of information shared by Providers at the time of registering on the MedHos Product, the Provider’s profile containing their name, qualification, experience, specialization, consultant fees, personal statement, education, professional memberships etc. can be accessed by You. MedHos Product offers various search features to aid you in accessing Provider profiles. MedHos does not stand by the authenticity of the professional qualification of a Provider, and You may interact/transact with any Provider via the MedHos Product, upon individually being satisfied about the qualification/capacity of the Provider, on the basis of your personal judgment, upon considering amongst others, the details provided by the Provider and as made available on the MedHos Product.
Access to Provider Availability for in-person appointment: Based on information communicated by the Provider, the MedHos Product shows indicative appointment slots available for in-person consultation at Provider's premise(s).
c) For Providers:
- Platform to publish profile: You may update your profile by submitting name, qualification, experience, specialization, consultation fees, personal statement, education, professional memberships etc. on Website. Your profile will be accessible to all Registered as well as Non-Registered Users. By choosing to provide your information as set out herein above, you agree to having the same published by MedHos for the effective operability of the MedHos Product. You agree to provide only true, fair and honest information and by submitting your information as part of your Profile, you confirm that no portion of such information is either incomplete or incorrect and that the information provided by you are true to your best knowledge and belief. Any identified/proven case of misinformation or false information provided on the MedHos Product at the time of registration or any time thereafter, which information forms part of your Profile, may be ground to take down your profile from the MedHos Product, upon contemporaneously notifying the necessary law enforcement agencies regarding the same. Be notified that MedHos does not certify the authenticity of your information provided on the MedHos Product and the providing of information on the MedHos Product shall not be used as the basis for the authenticity or merchantability of such information.
- Platform for private interaction: You may use the MedHos Product for private interaction with Registered Users. In course of the private interaction, you can exchange texts, images; videos over the chat feature of the platform and communicate through other means provided by the MedHos such as calls. MedHos is neither privy to, nor is in any manner responsible for any private interaction, representations or such other communication exchanged between a user and a Provider. – In this interaction portion, MedHos will not be liable for any personal injury. Does it need to be mentioned?
- Platform to receive consultation fees for offline non-MedHos Product interaction: You may use the MedHos Product to receive fees for your interactions with Registered User being offline. However, MedHos does not bear the responsibility of recovering the fees or ensuring valid payment by Registered User both, for services rendered via MedHos Product and/or off-line non-MedHos Product interaction. Online payments, if any, initiated by a Registered User in furtherance of any service received on the MedHos Product is subject to payment gateways and the corresponding banks clearing such payments. Under no circumstances, will MedHos be responsible for any failed payment, unpaid Provider or a Registered User seeking reimbursement on account of dissatisfactory services by a Provider.
- Platform for gaining knowledge and answers related to health: Registered Users can use this MedHos Product to post their questions and find answers related to health problems. MedHos does not guarantee the correctness, effectiveness or propriety of any advise provided by a Provider, via the MedHos Product. All users, both Registered Users and Un-Registered Users are expected to exercise best judgment as regards receiving advise/prescription via the MedHos Product. It is clarified that MedHos Product does become a substitute for physical diagnosis of a patient (Users) by a doctor (Provider) and that the MedHos Product is only intended to be used as communication platform between the User and Provider. The User is advised to follow any prescription, only after physical diagnosis by a doctor/Provider.
- Platform for provider to post information or research on health: The Provider may contribute health related information and education material which MedHos may, with or without modification, in its sole discretion, publish on MedHos Product.
Types of content on the MedHos Product:
The various types of content available on the MedHos Product may be categorised as follows:
- Content posted by Registered Users including questions and private interactions with providers ("User Content")
- Content provided by Provider including health related information and educational material; and information provided by way of responses to questions raised by Registered Users or in course of private interactions with Registered Users ("Provider Content")
- Content which MedHos (through itself or its contractors) has generated or obtained for the MedHos Product ("MedHos Content")
2. USE OF THE MEDHOS PRODUCT
Use by all Users (Registered, Non-Registered User and Provider)
- Users will use the MedHos Product and the features provided by the MedHos Product only in relation to and in compliance with all applicable Indian laws. You will not use this MedHos Product or any feature provided by the MedHos Product for any purposes not intended under this Agreement.
Users will not deliberately use the MedHos Product in any way that is unlawful or harms MedHos, its directors, employees, affiliates, distributors, partners, service Providers and/or any User and/or data or content on the MedHos Product.
In addition to the above terms, the Users understand that as part of your registration process as well as in course of your use of the MedHos Product, you may receive SMS messages from MedHos on Your registered mobile number. These messages will relate to your registration, transactions that you carry out through the MedHos Product and any such information found suitable of your attention by MedHos. Please note that MedHos will send these SMS only to the registered number that you provide on the MedHos Product. It is user responsibility to ensure that you provide the valid number for the transaction. Further, MedHos may also send notifications and reminders to users with respect to appointments scheduled or the other feautres used on the MedHos Product. The users hereby consent to receive such messages from MedHos.
- By using the MedHos Product and/or registering yourself at MedHos you authorize us to contact you via email, phone or sms and offer you services for the product you have opted for, imparting product knowledge, offer promotional offers running on website, for which reasons, personally identifiable information may be collected as detailed below. And Irrespective of the fact if also you have registered yourself under DND or DNC or NCPR service, you still authorize us to give you a call from the MedHos & associate partners for the above mentioned purposes till your engagement is with us.
USE BY REGISTERED USER
- You acknowledge that this MedHos Product is an informative platform only. MedHos and this MedHos Product are not in the business of providing healthcare or hospital services.
- As mentioned above, we encourage users to independently verify any information you see on the MedHos Product including information provided by a Provider. You will use the MedHos Product and the features provided by the MedHos Product only in relation to and in compliance with all applicable Indian laws. You will not use this MedHos Product or any feature provided by the MedHos Product for any purposes not intended under this Agreement.
- The MedHos Product allows you to select and schedule appointments with Providers. In doing so, MedHos can help providing you with lists and/or profile previews of Providers who may be suitable to deliver the health care that you are seeking based on information that you provide to MedHos (such as area of specialty and geographical location).
- Please note that MedHos
(a) does not recommend or endorse any Providers mentioned on the MedHos Product; and
(b) does not make any representations or warranties with respect to Providers or the quality of the healthcare services they may provide, and
(c) does not grade physicians.
- User will obtain all relevant consents and approvals prior to posting or providing any User Content.
- User may schedule an appointment on the MedHos Product for your family members and friends. However, registered user will be sole responsible for any activity taking through his/her account.
- User have the option of uploading identifiable health information including physical, physiological and mental health condition, and medical records and history on the MedHos Product which may be accessed by the Provider at the time of private interactions using the MedHos Product.
- MedHos will levy an advance internet handling fee for each private interaction that you have with a Provider through the MedHos Product. MedHos will also collect the consultation fee payable to the Provider in advance on behalf of Provider and pay to Provider without retaining any share from fees.
USE BY NON-REGISTERED USER
MedHos will provide you with lists and/or profile previews of Providers based on information that you provide to the MedHos Product's search features (such as area of specialty and geographical location). Please note that MedHos (a) does not recommend or endorse any Providers mentioned on the MedHos Product; and (b) does not make any representations or warranties with respect to these Providers or the quality of the healthcare services they may provide
3. ROLE OF MEDHOS
- MedHos's role is limited to a) providing a platform for hosting and publishing User Content and Provider Content b) providing a bridge for Registered Users to raise health related questions and Provider's to provide preliminary and generic information to the questions c) providing a application for private interaction between Registered User and Provider d) providing a platform to find Providers based on Registered User's inputs and Provider profiles created by Providers themselves and e) facilitating collection and disbursal of consultation and service fees for Providers.
- MedHos's role is that of an 'intermediary' as defined under the Information Technology Act, 2000 and the rules there under. Being an intermediary, MedHos has no responsibility and / or liability in respect of the content and transactions on the Website including any User Content or Provider Content, information provided by Providers interactions between Providers on the one hand and Users on the other hand. As required under the extant laws in India, applicable to an intermediary, the contact information of an intermediary are as follows:
- GRIEVANCE OFFICER:
- [Please insert details of the Grievance Officer]
- MedHos does not have the obligation to pre-screen or monitor User Content or Provider Content at any time. However MedHos may elect to monitor any User Content or Provider Content and remove any User Content and Provider Content from the MedHos Product if MedHos determines in its sole discretion that such User Content and/or Provider Content is in violation of this Agreement or any applicable law and best practices and if necessitated on the basis of a valid legal request by either a Court of law of appropriate jurisdiction or Law enforcement agencies. Where MedHos removes any User Content or Provider Content from the MedHos Product, MedHos will make reasonable efforts to inform the User or Provider who had posted such User Content or Provider Content respectively. Such actions do not in manner negate or dilute MedHos's position as an intermediary or impose any liability on MedHos with respect to User Content and/or Provider Content.
- If MedHos suspects any illegal, wrongful or fraudulent activity on the MedHos Product by any Registered User or Provider, notwithstanding any other rights MedHos may have, MedHos reserves the right to inform the relevant government or law enforcement authorities. MedHos will cooperate in all investigative procedures or requests for access / information initiated by any such government or law enforcement authorities.
- MedHos does not endorse or influence control over any particular branch of medicine, theory, opinion, viewpoint or position on any topic.
4. LINKS TO THIRD PARTY WEBSITES
- Users/Providers may be provided with links on the MedHos Product that direct you to third party websites / applications / content or service Providers, including advertisers and e-commerce websites (collectively "Third Party Websites").
- MedHos does not endorse any Third Party Websites where user may be directed to from the MedHos Product.
5. PROPRIETARY RIGHTS
MedHos respects the intellectual property rights of others, and we expect the same from users. The MedHos Product, User Content, Provider Content and the MedHos Content are protected by applicable intellectual property laws of India.
MedHos's Rights to the MedHos Product and MedHos Content
- All intellectual property in and to the MedHos Product, any software, techniques and processes used in connection with the MedHos Product, belongs exclusively to MedHos or its licensors. Through Your use of the MedHos Product, by no means are any rights impliedly or expressly granted by MedHos to You in respect of such works.
- MedHos and/or its licensors assert all proprietary rights in and to all names and trademarks contained on the MedHos Product. Notwithstanding the generality of the foregoing, the name, "MedHos" is the trademark and copyright (or any other intellectual property right) of MedHos and/or its licensors. Any use of the MedHos's trademarks or copyright, unless otherwise authorized in a written agreement, will constitute an infringement upon the trademark and copyright (or any other such intellectual property right) of MedHos and may be actionable under the applicable laws.
- Except as stated otherwise in this Agreement all MedHos Content (including all intellectual property rights to such content) is owned exclusively by MedHos and/or its licensors.
- When users use the MedHos Product in accordance with this Agreement, a limited royalty-free right is granted to users by MedHos to use MedHos Content for personal and non-commercial use in India for the time that you are either a Registered User or a Provider or for the time that you make use of the MedHos Product, whichever is less.
- Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring on You any license to intellectual property rights, whether by estoppel, implication, or otherwise.
- Unless expressly authorized by MedHos, You agree not to reproduce, modify, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the MedHos Content, in whole or in part, by any means. You must not remove or modify any copyright or trademark notice, or other notice of ownership.
Rights in User Content and Provider Content
- User agrees to be the owner of all rights (including all intellectual property rights) in the User Content (in case You are a Registered User) or Provider Content (in case You are a Provider) that is posted on the MedHos Product or provided to MedHos.
- Users hereby grant MedHos a perpetual, irrevocable, worldwide, royalty-free license to make use of such User Content (in case You are a Registered User) or Provider Content (in case You are a Provider) including the right to copy, distribute, display, reproduce, modify, adapt, the User Content or Provider Content, as the case may me, and create derivate works of the User Content or Provider Content, as the case may be.
6. PERSONAL INFORMATION
We may require certain personal information from you when you use the MedHos Product and or the features provided by the MedHos Product.
- MedHos may disclose Your Personal Information in accordance with applicable law.
Interaction with Provider on the MedHos Product:
- Users understand and agree that any interactions and associated issues with the Provider(s) on the MedHos Product, is strictly between Users and the Provider(s). MedHos will not be responsible for any such interactions and associated issues. MedHos is not involved in providing any healthcare or medical advice or diagnosis.
- The results of any search you perform on the MedHos Product for Providers, or provision of access to any Provider on the basis of your specific request, should not be construed as endorsement by this Website of any such particular Provider. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise of the Provider. The search results are based on an object computer algorithm.
- MedHos shall not be responsible for any breach of service or service deficiency by any Provider.
- We can neither assure that all transactions on the Website will be completed nor do we guarantee the ability or intent of Provider to fulfill their obligations in any transaction. We advise users to perform their and select the providers in their best and own interest.
Clinical Support Information:
- We may provide information to assist you in clinical decision-making. This may include information and reminders concerning drug interactions, lab and diagnostic services, allergies, dosages, as well as general health-care related information and resources. The information and materials available through the Website are for informational and educational purposes only and are not intended to constitute professional advice, diagnosis or treatment, or to substitute professional judgment. Information that may be placed on the Website by third parties, including Provider Content is beyond our (MedHos) control. We are not responsible for the accuracy or completeness of information available from or through MedHos Product. We do not recommend or endorse any Provider, Lab or diagnostic or health-related products, items or services, and the appearance of materials on the MedHos Product relating to any such products, items or services is not an endorsement or recommendation of them. User agrees to review the definitions, functionality, and limitations of the information on the MedHos Product, and to make an independent determination of their suitability for Your use. We make no guarantees, representations or warranties, whether expressed or implied, with respect to information provided on the MedHos Product.
Information regarding Provider and practice information found on the MedHos Product is intended for general reference purposes only. Such information found on the MedHos Product is mainly self-reported by the Provider. Such information often changes frequently and may become out of date or inaccurate. Neither the MedHos Product nor MedHos provides any advice or qualification certification about any particular Provider or Lab. You are encouraged to independently verify any such information seen on the MedHos Product with respect to a Provider before making any appointment.
No Professional Relationship: Please note that some of the content including text, data, graphics, images, information, suggestions, guidance, and other material that may be available on the Website (including information provided in direct response to your questions or postings) may be provided by Providers. The provision of such content to you by MedHos does not constitute delivery of health care or diagnostic services to you and does not create a professional relationship between MedHos and You.
No Medical Advice Provided: The content provided by the MedHos Product, either by MedHos or by Provider, should not be construed under any circumstances to be an opinion, medical advice, or diagnosis or treatment of any particular condition, but is only provided to assist you with locating appropriate medical care from a qualified practitioner.
If user rely on any of the Information provided by the MedHos Product, it will be considered at your own risk. The Information that you obtain or receive from MedHos, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the MedHos Product is for informational and scheduling purposes only. In no event, we shall be liable to Users or anyone else for any decision made or action taken by you in reliance on such information.
Non-substitution of professional medical advice: The Information provided on the MedHos Product and in any other communications from or provided through MedHos is not intended as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. Do not disregard, avoid or delay obtaining medical advice from a qualified health care professional because of advice that you may have obtained through the MedHos Product. Your use of Information provided on the MedHos Product is solely at your own risk. Nothing stated or posted on the MedHos Product or available through any Services is intended to be, and must not be taken to be, the practice of medicine or the provision of medical care. You acknowledge and confirm that MedHos shall not be responsible for treatment or be treated as a health care Provider on account of collection of the consultation fees for private consultation by Provider, for any reason whatsoever.
MEDHOS DISCLAIMS ANY REPRESENTATION AND/OR WARRANTY FOR THE SECURITY, RELIABILITY, QUALITY, TIMELINESS, AND PERFORMANCE OF
(I) THE WEBSITE AND ITS FEATURES;
(II) PROVIDER WHO RESPONDS TO QUESTION OF A REGISTERED USER OR WHO INTERACTS PRIVATELY WITH A REGISTERED USER;
(III) ANY INFORMATION, CONTENT OR ADVICE AVAILABLE ON OR RECEIVED THROUGH THE WEBSITE
(IV) ACCESS TO OR ALTERATION OF USER CONTENT OR PROVIDER CONTENT
(V) TRANSMISSIONS OR DATA AND
(VI) THE ACCURACY OF ANY LAB CONTENT INCLUDING LAB TEST RESULTS
(VII)ANY OTHER MATTER RELATING TO THE MEDHOS PRODUCT AND / OR SERVICES.
MEDHOS MAKES NO WARRANTY OR REPRESENTATION THAT ANY ERRORS IN THE WEBSITE WILL BE CORRECTED EXCEPT AS REQUIRED BY LAW.
MEDHOS ASSUMES NO RESPONSIBILITY AND/OR LIABILITY WITH RESPECT TO ANY USER CONTENT OR PROVIDER CONTENT (AS APPLICABLE) WHICH YOU MAY POST ON THE MEDHOS PRODUCT AND YOU ARE SOLELY RESPONSIBLE FOR SUCH USER CONTENT POSTED ON THE MEDHOS PRODUCT.
YOU AGREE THAT THE OPEN AND REAL-TIME NATURE OF THE PLATFORM MAKE IT IMPOSSIBLE FOR MEDHOS TO VOUCH FOR THE VALIDITY, AUTHETICITY AND HONESTY OF USER CONTENT OR PROVIDER CONTENT. MEDHOS IS NOT RESPONSIBLE FOR ANY USER CONTENT OR PROVIDER CONTENT ON THE SITE, OR FOR THE CONSEQUENCES OF YOU READING OR RELYING ON SUCH CONTENT.
THE SITE IS PROVIDED ON A "AS IS" AND "AS AVAILABLE" BASIS. NEITHER MEDHOS NOR ANY THIRD PARTY SERVICE PROVIDERS ARE LIABLE FOR ANY TECHNICAL OR OTHER OPERATIONAL DIFFICULTIES OR PROBLEMS WHICH MAY RESULT IN LOSS OF YOUR DATA, PERSONALIZATION SETTINGS OR OTHER INTERRUPTIONS IN THE FEATURES OFFERED ON THE MEDHOS PRODUCT. NEITHER MEDHOS NOR ANY THIRD PARTY IS LIABLE FOR THE DELETION, LOSS, MIS-DELIVERY, TIMELINESS OR FAILURE TO STORE OR TRANSMIT ANY USER CONTENT OR Provider CONTENT, MEDHOS CONTENT OR YOUR PERSONALIZATION SETTINGS.
MEDHOS DOES NOT PROVIDE ANY GUARANTEE AND SHALL NOT BE HELD LIABLE OR RESPONSIBLE FOR THE FAILURE TO SEND SMS OR OTHER NOTIFICATIONS OR REMINDERS TO YOU AS A FEATURE OF THE WEBSITE
Neither the Providers nor MedHos shall be responsible or liable for any breach or loss of data including Personal Information caused due to events beyond the control of Providers / MedHos or due to technical reasons or third party actions.
8. LIMITATION OF LIABILITY:
To the fullest extent permitted by law, in no event will MedHos or its affiliates be liable for any direct, indirect, special, incidental, punitive, exemplary or consequential damages (including, without limitation, loss of business, revenue, profits, goodwill), whether or not MedHos has been warned of the possibility of such damages or could have reasonably foreseen such damages..
9. REPRESENTATION AND WARRANTIES
By Using This MedHos Product You Represent And Warrant That:
- You as User is 18 years of age or older and shall not use MedHos Product to violate any applicable law or regulation.
- All information provided during registration is truthful and accurate and agree to provide or update the correct information, if any change.
You as a Registered or Non-Registered User will use the MedHos Product solely for personal and non-commercial use. Any use of this MedHos Product or its content other than personal purposes is prohibited.
Usage of this MedHos Product shall be subjected to the following restrictions:
You will not delete or modify any content of the MedHos Product including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify
You will not decompile, reverse engineer, or disassemble the content, or
You will not remove any copyright, trademark registration, or other proprietary notices from the MedHos Product. You further agree not to access or use this Website in any manner that may be harmful to the operation of this MedHos Product or its content.
You will not use the MedHos Product and / or services in any way that is unlawful, or harms the Company or any other person or entity, as determined in the Company's sole discretion.
You will not engage in any form of antisocial, disrupting, or destructive acts, including "flaming", "spamming", "flooding", "trolling", "phishing" and "griefing" as those terms are commonly understood and used on the Internet.
- You will not host, display, upload, modify, publish, transmit, update or share any information that —
(a) belongs to another person and to which the user does not have any right to;
(b) is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
(c) harm minors in any way;
(d) infringes any patent, trademark, copyright or other proprietary rights(s), violates any law for the time being in force;
(f) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(g) impersonate another person;
(h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
(i) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
You hereby indemnify, defend, and hold MedHos, the MedHos's distributors, agents, representatives and other authorized users (Registered and Non-Registered Users, Providers), and each of the foregoing entities' respective resellers, distributors, service Providers and suppliers, and all of the foregoing entities' respective officers, directors, owners, employees, agents, representatives, harmless from and against any and all losses, damages, liabilities and costs arising from
(i)Your use of the Website
(ii) Your breach of provisions of this Agreement and
(iii) any negligent or intentional wrongdoing on Your part.
MedHos reserves the right, in the event it finds out in its sole discretion that you breached the Agreement, to suspend and / or terminate user account and/or access to the MedHos Product by blocking Your IP address or email id, with or without notice. Any suspected illegal, fraudulent or abusive activity may be grounds for suspending and / or terminating user account and/or your access to the MedHos Product. Upon suspension or termination, user rights to use the features on the Website shall immediately cease and the Company reserves the right to remove or delete the information that is available with the Company, including but not limited to login and account information.
Upon user account termination or suspension, regardless of the reasons therefore, right to use the MedHos Product, User Content, Provider Content or MedHos Content immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this site. MedHos shall not be liable to User or any third party for any claims or damages arising out of any termination or suspension of the account or any other actions taken by us in connection with such account termination or suspension.
12. GOVERNING LAW AND JURISDICTION
The interpretation of this Agreement and the resolution of any disputes arising under this Agreement shall be governed by the laws of India.
MedHos reserves the right to modify any part of the Agreement at any time with or without giving prior notice to User/Providers.
Any dispute, claim or controversy arising out of or relating to this notice or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, or to your use of the MedHos Product or its features or the information to which it gives access, shall be determined by arbitration in India, before a single arbitrator in accordance with the Madras High Court Arbitration Centre(Arbitration Proceedings) Rules, 2014 are deemed to be incorporated by reference into this Agreement. The venue of such arbitration shall be Chennai, India. The governing law of the Agreement shall be the substantive law of India. 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
The Parties shall have the right to apply to a court of competent jurisdiction to obtain interim injunctive relief in respect of any dispute, pending resolution of such dispute in accordance with the Agreement.
15. GENERAL PROVISIONS
If any provision of this 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 the 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.
All notices and other communications required or permitted hereunder to be given to a Party shall be in writing, in the English language, and shall be sent by email, addressed to such Party's address as set forth below or at such other address as the Party shall have furnished to the other Party in writing in accordance with this provision:
If to MedHos:
SenSure Technology Services Pvt. Ltd.,
51/4, Hasthinapuram Main Road, Chromepet
Chennai, Tamil Nadu, India – 600044
If to User/Provider:
At the email address provided during registration with MedHos.
No term of the Agreement shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented. Any consent by any Party to, or waiver of a breach by the other, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
The Agreement contain the entire understanding of the Parties, and there are no other written or oral understandings or promises between the Parties with respect to the subject matter of the Agreement other than those contained or referenced in the Agreement.
MedHos shall not be liable for any downtime or delay or unavailability of the Website caused by circumstances beyond MedHos's reasonable control, including without limitation, acts of God, acts of government, floods, fires, earthquakes, civil unrest, acts of terror, strikes or other labor problems, internet service Provider failures or delays, or denial of service attacks.
Advice of Counsel:
Each Party acknowledges:
(a) having fully read the Agreement in its entirety;
(b) having had full opportunity to study and review the Agreement.
MedHos shall have the right to place advertisements and publicity materials of its choice, including that pertaining to parties other than itself for commercial use through electronic means on the MedHos Product.
You may not assign or sub-license, without the prior written consent of MedHos, the rights, duties or obligations under this Agreement, in whole or in part, to any person or entity.
(iv) any other policies applicable to specific pages of the Website.
If you have a question about these terms, email to email@example.com