For the purpose of these terms and conditions, www.doctorprobe.com shall be understood as Doctor Probe Innovative Healthcare Services Pvt. Ltd. and the latter’s management, board of directors and employees.
By accepting these Terms and Conditions, you warrant that you have fully read and understood the Terms and Conditions without any impairment in judgment resulting from (but not limited to) mental illness, mental handicap, intoxication, medication, or any other health or other problem that could impair judgment.
By visiting, accessing or registering on this Site, you unconditionally accept to be bound by the terms and conditions provided herein below ("Terms of Service").
If you do not agree to these Terms of Service, please do not access or use this Site.
You agree and confirm that the Terms of Service may be amended from time to time without notice. Please ensure that you periodically update yourself of the current version of the Terms of Service.
All users must be 18 years or older.
These are our official terms of service for our web portal and services. Please read it carefully and agreed on this.
In case you have any doubt or need clarification than please contact us freely. We will happy to help you.
The Web site and Service(s) are provided by Doctor Probe Innovative Healthcare Services that is a Pvt. Ltd. company located at Pinnacle corporate park, BKC, Mumbai in India.
THIS SITE IS NOT TO BE USED FOR EMERGENCY MEDICAL NEEDS.
IF YOU EXPERIENCE A MEDICAL EMERGENCY CONTACT YOUR LOCAL EMERGENCY SERVICES IMMEDIATELY or VISIT NEARBY HOSPITAL
WE DO NOT OFFER OR PROVIDE MEDICAL PERSCRIPTIONS.
References to “Dispute” mean any claim, conflict, controversy, disagreement between the Parties arising out of, or related in any way to, these Terms (or any Terms, supplement or amendment contemplated by these Terms,) including, without limitation, any action in tort, contract or otherwise, at equity or at law, or any alleged breach, including, without limitation, any matter with respect to the meaning, effect, validity, performance, termination, interpretation or enforcement of these Terms or any Terms contemplated by the Terms.
References to “Material Breach” mean any breach of these Terms upon the occurrence of which a reasonable person in the position of the non-breaching Party would wish to immediately terminate these Terms because of that breach.
References to a “Medical Expert” mean any person or entity who answers medical-related questions via the Web site.
References to the “Services” mean any and all services offered by us, including but not limited to medical question and answer services.
References to the “Terms” and/or “Agreement,” mean this, these Terms of Service as set forth herein.
References to “us,” “we,” and/or “our” mean Doctor Probe Innovative Healthcare Services Pvt. Ltd. for DoctorProbe.Com.
References to the “Web site” mean the Web sites bearing the URL www.doctorprobe.com.
References to “you,” and/or “User,” mean the User of the Web site and/or Services, whether as a User or Medical Expert.
1.2. Agreement to be Bound.
The following Terms of Service, together with the relevant information set out on this Web site, including any features and services available, such as RSS feeds, podcasts, video and photographs, publications, and other materials (collectively the “Web site,”) are subject to the Terms of Service set forth below. Please read them carefully as any of use of this Web site constitutes an agreement, without acceptance, to be bound thereby by the user.
By using this Web site you represent that you at least eighteen (18) years old, or, for Users under the age of eighteen (18) years old but thirteen (13) years old or older have the express permission of your guardian or guardian to use this Web site and its Services, have read and understand the Terms of Service, that you agree to be bound by these Terms of Service as set forth below, that you agree to comply with all Indian Laws.
You acknowledge and agree that each Medical Expert, subsidiary and affiliate of us shall be third party beneficiaries to the Terms of Service and that such other companies shall be entitled to directly enforce and rely upon any provision of these Terms of Service which confers a benefit upon them. No other party shall be a third party beneficiary of the Terms.
www.doctorprobe.com acts as a platform for healthcare service providers (doctors/ counsellors/organizations) to showcase the benefits offered by them.
www.doctorprobe.com merely facilitates the interaction between users/customers and Doctor/ counsellors/Organizations.
www.doctorprobe.com does not validate, concur, corroborate, approve, accept or recommend any information or content posted, discussed or exchanged between the Doctors/ counsellors/Organizations and shall not be responsible much less liable for the same.
The information on www.doctorprobe.com (including but not limited to live chat, emails, phone/video interaction) is provided for general informational purposes only and SHOULD NOT be relied upon as a substitute for sound expert medical advice, evaluation or care from your physician or other qualified healthcare provider.
Nothing on this Website should be used for treating or diagnosing a medical or health condition or for replacing any relationship with your physician or another qualified healthcare provider.
Consult your own physician regarding the applicability of any opinions or recommendations with respect to your symptoms or medical condition.
For medical concerns, including decisions about medications and other treatments, you should always consult your physician or a qualified healthcare expert.
In serious cases, seek immediate assistance from emergency personnel.
YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING IT, BECAUSE OF SOMETHING YOU HAVE READ ON THIS WEBSITE (including but not limited to live chat, emails, phone/video interaction).
No medications, diet supplements or treatments as may be described on this Website should be taken or begun without first consulting your physician or another healthcare provider.
Reliance on any information provided by any expert through www.doctorprobe.com, or other visitors to the Site is solely at your own risk.
The site is not intended to prescribe medicine and diagnose a medical condition
The Site is not intended to be used to treat a medical emergency or medical condition.
Online consultation has certain limitations, the principal being inability to perform a physical examination.
The doctors are completely qualified and shall give their best of advises to resolve patient’s concern. However, such advises shall not make the doctors liable under any circumstances.
The advices given are purely on the basis of the medical history or medical inputs provided to the doctors/experts by the patient themselves. Please also note that such advices are not substitutes for prescriptions.
To the fullest extent permitted by applicable law, you agree that www.doctorprobe.com, the doctors concerned shall not be responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such advertisers and merchants on our website.
www.doctorprobe.com reserves the right to charge fees for facilitating the interaction between the user and the Doctor/ counsellor/Organization and the fees may differ from time to time.
Any transaction relating to availing of the services and/or products of the Doctor/ counsellors/Organizations is settled between the users and Doctor/ counsellors/Organizations and all warranties express or implied of any kind, regarding any matter pertaining thereto, including without limitation the implied warranties of merchantability, fitness for a particular purpose, and non-infringement are disclaimed by www.doctorprobe.com.
Any transaction relating to availing of the services and/or products of the Doctor/ counsellors/Organizations is settled between the users and Doctor/ counsellors/Organizations and all warranties express or implied of any kind, regarding any matter pertaining thereto, including without limitation the implied warranties of merchantability, fitness for a particular purpose, and non-infringement are disclaimed by www.doctorprobe.com.
There exists no employer employee relationship between the Doctor/ counsellors/Organizations and www.doctorprobe.com.
www.doctorprobe.com does not assume and shall not be liable or responsible for any act, omission, deficiency, negligence on the part of the Doctor/ counsellor/Organization. Notwithstanding the above, www.doctorprobe.com, its directors, promoters, employees or any of its agent or assignee shall not assume any responsibility or liability for any inconvenience caused or loss suffered by the customer/user/subscriber on account of technical problems pertaining to the use of the portal.
www.doctorprobe.com or any employee, agent or assignee involved in creating, producing, or delivering the www.doctorprobe.com website will not be liable for any direct, indirect, incidental, consequential or punitive damages, however caused, arising out of your access to, use of, or reliance on the www.doctorprobe.com website.
The content provided on the portal www.doctorprobe.com is for informational purposes only and should not be substituted for expert advice provided by a qualified medical expert.
Access to the Site and Content may not be legal by certain persons or in certain states or countries.
If you access the Site from outside India, you do so at your own risk and are responsible for compliance with the jurisdiction of India.
Though www.doctorprobe.com adopts a meticulous process and makes reasonable efforts to collect such content, information, data, graphics, images, reports, text on ailments, diseases, their symptoms, causes, medication, drugs, cures, commonly used treatments and/or therapies, lifestyle corrective measures, follow up actions, precautions etc., any content on this website and particularly any such content relating to medical conditions and their treatment is solely for general informational purposes and is not intended as, shall not operate nor be construed to be, and is no substitute for the advice provided by a qualified and practicing expert medical expert.
The information provided on this website is neither exhaustive nor detailed and you will require consulting an expert medical expert to treat a symptom, ailment, medical condition, as the case may be.
You are advised not to rely solely on the content provided on this website and not to indulge in self-medication on the basis of the content made available on this website.
The Content ("Copyright Content") is protected by copyright under both Central and State laws.
All title to the Copyright Content remains with www.doctorprobe.com or its licensors.
Any use of the Copyright Content not expressly permitted by these Terms and Conditions is a breach of the Terms and Conditions and may violate copyright, trademark, and other laws.
Inquiries or applications for permission to copy any Copyright Content otherwise than is permitted by these Terms and Conditions should be directed to firstname.lastname@example.org Content and features on the Site, including these Terms and Conditions are subject to change or termination without notice.
The information about drugs contained within this website is general in nature and is intended for use as an educational aid only. It does not cover all possible uses, actions, precautions, side effects or interactions of these medicines, nor is the information intended as medical advice for individual problems or for making an evaluation as to the risks and benefits of taking a particular drug.
The absence of a warning for a given drug or drug combination in no way should be construed to indicate that the drug or drug combination is safe, effective or appropriate for you or any given patient. The entire monograph for a drug should be reviewed for a thorough understanding of the drug's actions, uses and side effects.
The website provides hyperlinks to other websites and to those of the advertisers on the website (Third Party Website). This shall not mean or construe to be a recommendation or representation to view those websites.
The Customer/user undertakes that by clicking the hyperlink to Third Party Website he/she shall be directed to such Third Party Website and the same shall be at his/her own will.
www.doctorprobe.com does not represent or warrant as to the correctness or the genuineness of the information and content present in such Third Party Website.
By accepting these terms and conditions You agree, represent and warrant not to use this information as a substitute for evaluating, self-diagnosing, managing or treating a health or fitness problem, condition or disease and that you will instead always consult and rely upon the advice of your own qualified physician and medical advisors respecting evaluation, diagnosis, management or treatment of any such condition or disease.
You agree to assume all responsibility in connection with choosing any healthcare provider, whether or not you obtained information about such healthcare provider through www.doctorprobe.com.
www.doctorprobe.com disclaims all responsibility and liability arising from your use of or reliance on the website, content or the information contained therein as a reference source, and assumes no responsibility or liability for any claims that may result directly or indirectly from any advice, treatment, or services rendered by any healthcare provider featured on the website, including but not limited to malpractice, negligence and deficiency in service claims.
www.doctorprobe.com does not personally recommend or endorse any specific tests, Doctor/ counsellors/healthcare organizations, physicians, products, techniques, drugs, treatments, medications, articles, abstracts, procedures, opinions, or other information that may be mentioned or discussed on any of its website or links.
Reliance on any information provided by www.doctorprobe.com and its employees, others appearing on the website at the invitation of www.doctorprobe.com, or other visitors to the website is solely at your own risk.
You acknowledge and agree that your sole and exclusive remedy for dissatisfaction with this health information is to stop using the service. You expressly agree that in case any dispute arises out, you shall move for arbitration having exclusive jurisdiction of laws of India. Also, the exclusive jurisdiction in respect of any other legal dispute or matter arising out of any medical advice in any way relating to your use of the Site, resides in the courts of India and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the Mumbai, India in connection with any such dispute including any claim involving www.doctorprobe.com or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
www.doctorprobe.com may, without giving notice, delete any account or information contained on the Site for any reason whatsoever.
You agree that you will not use the Site to post any advertisement or other commercial message.
You agree that you will not post any knowingly false, defamatory, inaccurate, abusive, harassing, obscene, sexually oriented or threatening message or material that is illegally invasive of another person's privacy.
Upon receiving any complaints, www.doctorprobe.com will attempt to delete any inappropriate posts as quickly as possible; however, the submissions are generally posted in real-time and are not reviewed by www.doctorprobe.com before they are posted to the Site.
2.1. About Us
DoctorProbe is an online medical question and answer service for Users and Medical Experts to post questions to the Web site for answer by a Medical Expert for information and educational purposes only.
As an online service provider, we do not offer for sale, provide or promote any medical services or broker any doctor/patient relationship between patients and medical providers, including but not limited to doctors, nurses, physicians’ assistants, clinics, dentists or other health care providers.
We cannot guaranty that any User or Medical Expert will complete a transaction via the Web site or has the ability to pay for the same.
While we may provide general medical advice and other guidance in our services, we do not make any diagnoses or recommend or endorse any, plastic surgeon, clinics, dentists, procedures, opinions, or other information that may appear on the Site. We do not act as a vendor, employer or agent of any Medical Expert or of the services offered.
If you rely on any of the Information provided by the Web site, you do so solely at your own risk. We do not and cannot edit, monitor or modify any response to a question given by Medical Experts, and we are not responsible for the same.
2.2. Accuracy, Completeness and Timeliness of Information.
We are not responsible if information made available via the Web site and/or Services is not accurate, complete or current. You acknowledge further that any reliance on the Web site and/or Services is at your own risk. But our Doctors are well qualified so we expect best outcome.
2.3. Errors in Web Site and/or Services.
We do not warrant that any errors in the Web site and/or Services will be corrected.
2.4. Modifications and Changes to Terms of Service.
We may modify, add to, suspend or delete these Terms of Service or other agreements, in whole or in part, at our sole discretion at any time, with such modifications, additions or deletions being immediately effective upon their posting to the Web site. Your use of the Web site and/or continued use of the Services after modification, addition or deletion of these Terms of Service shall be deemed to constitute acceptance by you of the modification, addition or deletion.
2.5. Modifications and Changes to the Web Site and/or Services.
We may modify, add to, suspend, or delete any aspect of this Web site or Service offered by us, in whole or in part, at our sole discretion at any time, with such modifications, additions or deletions being immediately effective. Such modifications, additions or deletions may include but are not limited to content offered, hours of availability, and equipment needed for access or use.
2.6. Access to Web site and/or Services.
Though we try to make the Web site and Services available twenty-four (24) hours a day, seven (7) days a week, except for planned down-time for maintenance, we do not warrant that the Web site and Services will be at all times available. We do not warrant that your computer, tablet, and/or smartphone will be able to access and/or support the Web site and/or Services.
2.7. Right of Refusal, Limitation, Discontinuation; and Termination.
We reserve the right to refuse to provide access to the Web site and/or the Services for any reason at any time at our sole discretion. We may, in our sole discretion, limit or cancel a User Account for any reason whatsoever. In the event that we make a change to or cancel an Account, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time your Account was created; however, the failure to do so shall not result in any liability, including liability for lost data deleted as a result of the Account termination.
2.8. Prohibited Uses of Web site and Services.
You agree and acknowledge that you shall not use the Web site and/or the Services:
We reserve the right to terminate your use of the Web site and/or the Services for violating any of the prohibited uses or for any other reason at its sole and exclusive decision.
2.9. Accuracy, Completeness and Timeliness of Information.
We are not responsible if information made available on the Web site and/or the Services is not accurate, complete or current. You acknowledge that the Web site and the Services are provided for general information and educational only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. The Web site and/or the Services are not to be used for the purposes of diagnosing or treating any medical condition and are not a substitute for medical advice rendered pursuant to a patient/doctor relationship.
3.1. Online Accounts
You may terminate your Account at any time by contacting us at email@example.com. Access to your Account shall be suspended and your Account terminated within 10 business days of our receipt of your notice of termination. All fees due and owing through the termination date shall continue to be payable pursuant to this Agreement.
3.2. Multiple Accounts Prohibited
You agree you shall not have no more than one (1) account and shall not sell, trade or transfer that account to any other person or entity.
3.3. Account Guidelines
The Web site and/or Services may contain the ability to communicate with other Users and Medical Experts through one or more platforms, comments sections, discussion forums, Web sites, landing pages, social media outlets and/or other interactive features, (hereinafter "Interactive Areas,”) in which Users and Third Parties may communicate. By participating in Interactive Areas, you agree and acknowledge that you:
Shall not upload, distribute or otherwise publish to the Web site and/or the Services any libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal material; and
Shall not threaten or verbally abuse other Users, use defamatory language, or deliberately disrupt discussions with repetitive messages, meaningless messages or "spam”; and
Shall not to use language that abuses or discriminates on the basis of race, religion, nationality, gender, sexual preference, age, region, disability, etc. Hate speech of any kind is grounds for immediate and permanent suspension of access to all or part of the Interactive Areas and use of the Web site and/or the Services; and
Shall not personally attack another User. Personal attacks are a direct violation of these Terms of Service and are grounds for immediate and permanent suspension of access to all or part of the Interactive Areas and use of the Web site and/or the Services; and
Shall not use the Interactive Areas to distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or Services; and
Shall not upload, post or otherwise transmit any content that violates any law or engage in activity that would constitute a criminal offense or give rise to a civil liability; and
Shall not post unauthorized commercial communications (such as spam); and
Shall not upload, post or otherwise transmit any content that advocates or provides instruction on illegal activity or discuss illegal activities with the intent to commit them; and
Shall not upload, post or otherwise transmit content that does not generally pertain to the designated topic or theme of any Interactive Area; and
Shall not impersonate any person or entity, including, but not limited to, any of our employees, or falsely state or otherwise misrepresent your affiliation with any person or entity; and
Shall not interfere with any other User's right to privacy, including by harvesting or collecting personally-identifiable information about other Users of our Interactive Areas or posting private information about a Third Party; and
Shall not engage in unlawful multi-level marketing, such as a pyramid scheme; and
Shall not upload, post or otherwise transmit any content, software or other materials which contain a virus or other harmful or disruptive component; and
Shall not interfere with or disrupt the Web site, Services, the Interactive Areas or the servers or networks connected to the Web site or the Interactive Areas, or disobey any requirements, procedures, policies or regulations of networks connected to the Services, Web site, and/or the Interactive Areas; and
Shall not facilitate or encourage any violations of these Terms of Service or our policies; and
Shall not solicit Users and/or Experts for any purpose, including inviting said Users and Expert to participate in a site that is in competition with Us.
Users agree further and acknowledge that any profile they create may be edited, removed, modified, published, transmitted, and displayed by us, and they waive any rights they may have in having the material altered or changed in a manner not agreeable to them.
3.4. Rights in Submissions
Should you submit, display, publish or otherwise post any content to an Interactive Area, (hereinafter “Submissions,”) you agree to grant to us and our partners and affiliates a limited, non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such Submissions in any and all media now known or hereinafter developed for hosting, indexing, caching, distributing, tagging, marketing, and for all other lawful purposes without the requirement to make payment to or seek permission from you or to any Third Party.
You represent and warrant that you own or have a valid license to use any and all Submissions and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any Submissions does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity.
You agree that any and all Submissions shall not be confidential or private nor is it protected by any patient/doctor or other privilege and may be read, disseminated, used, and otherwise collected by any third party. To protect your privacy and medical information you are encouraged to you a fictitious, anonymous username and personal information.
3.5. Right to Monitor
We shall have the right to monitor your Account in our sole and exclusive discretion.
4.1. Procedures, Products and Services
The procedures, products, services and devices discussed and/or advertised on this Web site are not applicable to all individuals, Users or all clinical situations. We make no claims as to the effectiveness of any such procedures, products, services or devices. Any products and/or services represented on the Web site by advertisers, sponsors, and other Web site participants, either paid or unpaid, are presented for your awareness and do not necessarily imply appropriateness for any particular individual or prediction of effectiveness, outcome or success.
4.2. Medical Expert Information
Medical Expert and practice information found on the Web site is intended for general reference purposes only. Medical Expert information found on the Web site is both self-reported, by the Medical Expert and/or office staff, and collected from multiple other data sources that may not be confirmed by the Medical Expert. Such information often changes frequently and may become out of date or inaccurate. We do not provide any advice or qualification certification about any particular Medical Expert. You are encouraged to independently verify any such information.
While we do attempt to verify each Medical Expert’s credentials, you agree and acknowledge that we have no duty to verify the same and that use of the term “Expert” is meant only to describe those persons and companies who provide answers via the Web site and does not confer or guarantee the expert status on any Medical Expert or a Medical Expert’s qualifications to answer any question posed.
4.3. Availability of Experts
We have no control over, and cannot guarantee the availability of any Medical Expert at any particular time or that any Medical Expert will respond to a User question.
Users have the ability to rate each and every Medical Expert who provides answers to Users via the Web site and/or the Services on a scale of 1-5, with 5 being the highest level of service. All ratings should be fair and accurately reflect the level of service provided and received.
5.1. Service Fees
Use of the Web site is free; however, some areas of the Web site and the Services may be subject to the payment of a Service Fee as set forth at all times on the Web site as well as at the point of payment on a pay-per-question or multiple-quest plan of service. By registering with us and providing payment details you agree and acknowledge that you shall be charged the fees applicable to the plan you have selected.
You may cancel your Account at any time by contacting us at firstname.lastname@example.org. Access to your Account shall be suspended and your Account cancelled within seven (7) business days of our receipt of your notice of termination. All fees due and owing through the cancellation date shall continue to be payable pursuant to this Agreement.
Once DP points are purchased, they will not be refunded. Refund will be in the form of DP points to user account, which can be used to further avail service on DoctorProbe. For more queries, contact us on: email@example.com
5.4. Promotions and Incentive Pricing
If you correspond with Doctor Probe, we may use that correspondence as a testimonial in our marketing materials.
6.1. Intellectual Property Rights
This is an Agreement for access to and use of the Web site and/or the Services, and you are not granted a license to any software by these Terms of Service. The Web site and Services are protected by India and, where applicable, international intellectual property laws. The Web site and Services belong to us and is the property of us or our licensors (if any). We retain all ownership rights in the Web site and Services.
Furthermore, all material ("Materials") displayed or transmitted on this Web site and/or Services, including but not limited to text, photographs, images, illustrations, video clips, audio clips, and graphics are owned by us and are protected by Ib and international copyright, trademarks, service marks, and other proprietary rights, laws and treaties.
Except as provided, you may not copy, reproduce, publish, transmit, transfer, sell, rent, modify, create derivative works from, distribute, repost, perform, display, or in any way commercially exploit the Materials carried on the Web site, nor may you infringe upon any of the copyrights or other intellectual property rights contained in the Materials. You may not remove or alter, nor cause to be removed or altered, any copyright, trademark, or other proprietary notices or visual marks and logos from the Materials.
You may make a single print copy of any Materials provided by us on this Web site and/or Services for personal, non-commercial use only, provide that you do not remove nor cause to be removed any copyright, trademarks, or other proprietary notices or visual marks or logos from the Material. You may not archive or retain any of the Materials accessed on this Web site and/or Services without our express written permission. All requests for archiving, republication or retention of any part of the Materials must be in writing to us and must clearly state the purpose and manner in which the Material will be used. Requests for permission to archive, retain, or republish any part of the Materials may be submitted to firstname.lastname@example.org.
You acquire no rights or license whatsoever in the Materials other than the limited rights to use the site in accordance with these Terms of Service. Any of the Materials accessed or downloaded from this site must be accessed or downloaded in accordance with the Terms of Service of use specified in this Agreement. We reserve any rights not expressly granted under these Terms of Service of use.
6.2. Feedback; Submissions
In addition to Submissions you may have the opportunity to provide reviews, suggestions, ideas, and feedback, (hereinafter, collectively, “Feedback.”) Should you so provide such Feedback you grant us sole ownership of the same, which includes without limitation the right for us or any Third Party we designate, to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, create derivative works of, host, index, cache, tag, encode, modify and adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies) in any form or media now known or hereinafter developed. All such Feedback shall be treated as non-confidential.
If it is determined that you retain moral rights (including rights of attribution or integrity) in the content submitted by you, you hereby declare that
Notwithstanding the foregoing, you acknowledge that your Feedback may contain concepts, ideas, materials, proposals, suggestions and the like relating to doctorprobe.com or its initiatives, (hereinafter your “Ideas.”) With respect to your Ideas you acknowledge that:
7.1. Third Party Advertisements and Promotions
We may, from time to time, run advertisements and promotions from Third Parties on the Web site and/or the Services. Your dealings or correspondence with, or participation in promotions of, advertisers other than us, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such Third Party. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of Third-Party advertisers on the Web site and/or the Services.
7.2. Use of Third-Party Tools
We may provide you with access to Third-Party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional Third-Party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant Third-Party provider(s).
We may also, in the future, offer new services and/or features through the Web site and/or the Services (including, the release of new tools.) Such new features and/or Services shall also be subject to these Terms of Service.
Users of any Remote Desktop service who grant their use to any Medical Expert under that said Medical Expert shall have full access to the User’s computer, which may result in the gathering of information and system data and modification of user settings. Use of such services shall be granted to you pursuant to a license agreement and may be recorded for educational and training purposes.
7.3. Third-Party Links
Certain content, products and Services available via our Web site and/or Services may include materials from Third-Parties.
Third-Party links on the Services may direct you to Third-Party Web sites and/or services that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any Third-Party materials or Web sites and/or services, or for any other materials, products, or services of Third-Parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any Third-Party with whom you connect via the services. Please review carefully the Third-Party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding Third-Party products should be directed to the Third-Party.
Disclaimer of Warranty; Limitation of Liability
(A) YOU AGREE THAT USE OF THE WEB SITE AND THE SERVICES IS AT YOUR SOLE RISK. NEITHER US nor our AFFILIATES NOR ANY RESPECTIVE EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE use of the Web site AND/OR THE SERVICES SHALL BE UNINTERRUPTED OR ERROR FREE; NOR DO we MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEB SITE AND/OR THE SERVICES OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED.
(B) ANY DOWNLOADABLE SOFTWARE, PRODUCTS OR OTHER MATERIALS, WITHOUT LIMITATION, IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AGAINST INFRINGEMENT, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OF SERVICE. WE MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AGAINST INFRINGEMENT, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OF SERVICE.
(C) ALTHOUGH ALL INFORMATION AND MATERIALS CARRIED ON THE WEB SITE AND THE SERVICES ARE BELIEVED TO BE RELIABLE, WE MAKE NO REPRESENTATIONS, NEITHER EXPRESSLY NOR IMPLIEDLY, AS TO THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF THE WEB SITE AND/OR THE SERVICES.
(D) IN NO EVENT SHALL WE, OUR EMPLOYEES, SUBSIDIARIES, PARENTS, AGENTS, PARTNERS, THIRD-PARTY CONTENT PROVIDERS, VENDORS, AND/OR OUR OR THEIR RESPECTIVE DIRECTORS, OFFICERS, AND MEMBERS, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, MEDICAL EXPERT INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF INFORMATION OR DATA, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE WEB SITE AND/OR THE SERVICES.
(E) WE DISCLAIM ANY AND ALL LIABILITY OF ANY KIND FOR ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR PERSONALLY-IDENTIFIABLE INFORMATION. BY utilizing THE WEB SITE AND/OR THE SERVICES YOU ACKNOWLEDGE AND AGREs TO OUR DISCLAIMER OF ANY SUCH LIABILITY. IF YOU DO NOT AGREE, YOU SHOULD NOT ACCESS OR OTHERWISE Utilize THE WEB SITE.
(F) YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE WEB SITE AND/OR THE SERVICES OR ANY OTHER GRIEVANCE, SHALL BE YOUR DISCONTINUATION OF ACCESS TO OR UTILIZATION OF THE WEB SITE AND/OR THE SERVICES.
(G) WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK OR OTHER INFORMATION HEREIN AS TO ANY MEDICAL EXPERT.
You agree to defend, indemnify and hold us harmless, as well as our affiliates and vendors and respective directors, officers, Users and agents, from and against all claims, SUITS, and expenses, including lawyers' fees, arising out of OR RELATED TO (a) YOUR USE OF THE WEB SITE AND/OR SERVICES; (B) your noncompliance with or breach of this Agreement; (C) your use of third-Party SERVICES, products, links, advertisements, and/or tools; (D) YOUR VIOLATIONS OF ANY THIRD-PARTY RIGHTS, INCLUDING THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS; or (E) the unauthorized use of the Web site AND/OR SERVICES by any other person using your information.
9.1. Dispute Resolution
Any and all disputes by the User against us shall be resolved pursuant to the following process:
9.2. Governing Law
These Terms shall be governed and construed in accordance with the laws of India without regard to its conflicts of law provisions. You agree to submit to the personal jurisdiction of the courts located in Mumbai, India, and any cause of action that relates to or arises from these Terms and/or the Web site and/or the Services must be filed therein unless subject to the binding arbitration provisions of Section 9.3, infra.
The Parties agree that any dispute concerning, relating, or referring to these Terms and/or the Web site and/or the Services shall be resolved exclusively by binding arbitration in accordance with the substantive laws of India and the rules of the Indian judicial systems and shall be brought for arbitration in Mumbai, India. The arbitrator and not any Central, state, or local court or agency shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionability, or formation of this contract, including but not limited to any claim that all or any part of this contract is void or voidable. Nothing herein prevents either Party from seeking any interim injunction it deems necessary in order to preserve the status quo prior to the resolution of any dispute, in any jurisdiction.
9.4. Lawyer’s’ Fees and Costs
In case suit, arbitration, or other legal action is instituted to interpret or enforce any of the provisions of these Terms, the prevailing Party therein shall be awarded all reasonable and necessary fees for investigations, depositions, as well as fees for accountants and witnesses (expert or otherwise) reasonably incurred by that Party in connection with such suit or action, plus such sums as may be adjudged reasonable for that Party’s lawyer’s fees incurred prior to and throughout such suit or action, including all hearings, trials, and appeals.
10.1. Customer Service
Should you have any questions, comments or concerns regarding the Services customer service may be contacted at any time via email@example.com. We strive to return all customer service inquires within forty-eight (48) Medical Expert hours
10.2. Affiliate Disclosure
We may have a Medical Expert relationship with Third-Parties and affiliates to whose products and/or services we link and promote through the Services. Because of this relationship we may earn a commission on products purchased by a user from a Third-Party affiliate.
10.3. Server Location; International Transfer
Each Party represents and warrants to the other that it has full power and authority to enter into this Agreement and that it is binding upon such Party and enforceable in accordance with its Terms.
Any waiver of a right under these Terms shall only be effective if agreed or declared in writing. A delay in exercising a right or the non-exercise of a right shall not be deemed a waiver and shall not prevent a Party from exercising that right in the future. The rights and remedies herein provided are cumulative and not exclusive of any rights and remedies provided by law.
10.6. Force Majeure
We shall not be bound to meet any obligation if prevented from doing so as a consequence of acts of god or force majeure, including but not limited to measures taken or imposed by any government or public authority or in case of any other event beyond the control of us including but not limited to natural disasters (such as storm, hurricane, fire, flood, earthquake), war, civil unrest, terrorist activities, states of emergency, government sanctions, embargos, nationalizations, strikes and breakdowns of public utilities (such as of electricity or telecommunication services). We shall use all reasonable efforts to notify you of the circumstances causing the delay and to resume performance as soon as possible, both without undue delay.
We shall have the right to assign and/or transfer these Terms and our rights and obligations hereunder to any Third Party after notifying you as provided for herein. You agree and acknowledge that you shall not assign or transfer its rights or sub-contract or delegate the performance of any of its obligations under these Terms without our prior written consent in our sole and exclusive discretion.
10.8. Rights of Third Parties
These Terms do not give any right to any Third Party except that any provision in these Terms.
10.9. Relationship of the Parties
The Parties are independent contractors under these Terms, and nothing herein shall be construed to create a partnership, joint venture or agency relationship between them. Neither Party has authority to enter into Terms of any kind in the name of the other Party.
If any part of this Agreement is determined to be invalid or unenforceable by applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect.
10.11. Consent to Receive Electronic Communication
By creating an Account you consent to receive electronic communication from us and agree that all electronic communications, including but not limited to coupons, special offers, promotions, notices, disclosures and any other communication shall satisfy any requirement that such communication be in writing.
10.12. Updates & Effective Date
The effective date of these Terms is September 1, 2016. From time-to-time, we may update these Terms of Service by prominently posting a notice of update to the Web site and contacting you at the email you provided upon registration, so we encourage you to review them often. All updates shall become effective thirty (30) days after their posting. In the event you continue to use the Web site and/or the Services following the effective date of any update you shall have been deemed to have consented to be bound thereby.