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By using this site, you signify your assent to these Terms and Conditions.
HealthEpic (India) Pvt. Ltd.
("HealthEpic") may revise and update these Terms and Conditions at any
time. Your continued usage of the HealthEpic website ("HealthEpic
Site," or the "Site,") will mean you accept those changes.
The contents of the HealthEpic
Site, such as text, graphics, images, information obtained from HealthEpic's
licensors, and other material contained on the HealthEpic Site
("Content") are for informational purposes only. The Content is not
intended to be a substitute for professional medical advice, diagnosis, or
treatment. Always seek the advice of your physician or other qualified health
provider with any questions you may have regarding a medical condition. Never
disregard professional medical advice or delay in seeking it because of
something you have read on the HealthEpic Site!
If you think you may have a
medical emergency, call your doctor immediately. HealthEpic does not recommend
or endorse any specific tests, physicians, products, procedures, opinions, or
other information that may be mentioned on the Site. Reliance on any information
provided by HealthEpic, HealthEpic employees, others appearing on the Site at
the invitation of HealthEpic, or other visitors to the Site is solely at your
own risk.
The Site may contain health- or
medical-related materials that are sexually explicit. If you find these
materials offensive, you may not want to use our Site.
CHILDREN'S PRIVACY.
We are committed to protecting the privacy of children. You should be aware that
this Site is not intended or designed to attract children under the age of 13.
We do not collect personally identifiable information from any person we
actually know is a child under the age of 13.
USE OF CONTENT.
HealthEpic authorizes you to view or download a single copy of the material on
the HealthEpic Site solely for your personal, noncommercial use if you include
the following copyright notice: "Copyright (c) 2000 - 2001, HealthEpic
(India) Pvt. Ltd. All rights reserved" and other copyright and proprietary
rights notices that are contained in the Content. Any special rules for the use
of certain software and other items accessible on the HealthEpic Site may be
included elsewhere within the Site and are incorporated into these Terms and
Conditions by reference.
The Content is protected by
copyright under Indian copyright laws. Title to the Content remains with
HealthEpic or its licensors. Any use of the Content not expressly permitted by
these Terms and Conditions is a breach of these Terms and Conditions and may
violate copyright, trademark, and other laws. Content and features are subject
to change or termination without notice in the editorial discretion of
HealthEpic. All rights not expressly granted herein are reserved to HealthEpic
and its licensors.
If you violate any of these
Terms and Conditions, your permission to use the Content automatically
terminates and you must immediately destroy any copies you have made of any
portion of the Content.
LIABILITY OF HEALTHEPIC AND ITS
LICENSORS.
The use of the HealthEpic Site and the Content is at your own risk.
When using the HealthEpic Site,
information will be transmitted over a medium that may be beyond the control and
jurisdiction of HealthEpic and its suppliers. Accordingly, HealthEpic assumes no
liability for or relating to the delay, failure, interruption, or corruption of
any data or other information transmitted in connection with use of the
HealthEpic Site.
The HealthEpic Site and the
content are provided on an "as is" basis. HEALTHEPIC, ITS
LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM
ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT
NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF
THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting
the foregoing, HealthEpic, its licensors, and its suppliers make no
representations or warranties about the following:
1. The accuracy, reliability,
completeness, currentness, or timeliness of the Content, software, text,
graphics, links, or communications provided on or through the use of the
HealthEpic Site or HealthEpic.
2. The satisfaction of any
government regulations requiring disclosure of information on prescription drug
products or the approval or compliance of any software tools with regard to the
Content contained on the HealthEpic Site.
In no event shall HealthEpic,
its licensors, its suppliers, or any third parties mentioned on the HealthEpic
Site be liable for any damages (including, without limitation, incidental and
consequential damages, personal injury/wrongful death, lost profits, or damages
resulting from lost data or business interruption) resulting from the use of or
inability to use the HealthEpic Site or the Content, whether based on warranty,
contract, tort, or any other legal theory, and whether or not HealthEpic is
advised of the possibility of such damages.
HealthEpic is not liable for any
personal injury, including death, caused by your use or misuse of the Site,
Content, or Public Areas (as defined below). Any claims arising in connection
with your use of the Site, any Content, or the Public Areas must be brought
within one (1) year of the date of the event giving rise to such action
occurred. Remedies under these Terms and Conditions are exclusive and are
limited to those expressly provided for in these Terms and Conditions.
USER SUBMISSIONS.
You agree that you will not upload or transmit any communications or content of
any type to the Public Areas (including message boards, chat, 24x7
counseling, Ask Our Expert postings, etc.) that infringe or violate any
rights of any party. By submitting communications or content to the Public
Areas, you agree that such submission is non-confidential for all purposes.
If you make any such submission
You agree that you will not send or transmit to HealthEpic by email,
(including through the email addresses listed on the "Contact Us",
“suggest” link) any communication or content that infringes or violates any
rights of any party. If you submit any business information, idea, concept or
invention to HealthEpic by email, you agree such submission is non-confidential
for all purposes.
If you make any submission to a
Public Area or if you submit any business information, idea, concept or
invention to HealthEpic by email, you automatically grant--or warrant that
the owner of such content or intellectual property has expressly
granted--HealthEpic a royalty-free, perpetual, irrevocable, world-wide
nonexclusive license to use, reproduce, create derivative works from, modify,
publish, edit, translate, distribute, perform, and display the communication or
content in any media or medium, or any form, format, or forum now known or
hereafter developed. HealthEpic may sublicense its rights through multiple tiers
of sublicenses. If you wish to keep any business information, ideas, concepts
or inventions private or proprietary, do not submit them to the Public Areas or
to HealthEpic by email. We try to answer every email in a timely manner, but are
not always able to do so.
PASSWORDS
HealthEpic has several tools that allow you to record and store information. For
example, patient history is a service that allows you to record limited amounts
of personal health information on a voluntary basis on servers maintained by
HealthEpic or on its behalf. patient history is structured to allow access only
to visitors with a valid password.
You are responsible for taking
all reasonable steps to ensure that no unauthorized person shall have access to
your HealthEpic passwords or accounts. It is your sole responsibility to (1)
control the dissemination and use of activation codes and passwords; (2)
authorize, monitor, and control access to and use of your HealthEpic account and
password; (3) promptly inform HealthEpic of any need to deactivate a password.
You grant HealthEpic and all other persons or entities involved in the operation
of the Site the right to transmit, monitor, retrieve, store, and use your
information in connection with the operation of the Site. HealthEpic cannot and
does not assume any responsibility or liability for any information you submit,
including to patient history, or your or third parties' use or misuse of
information transmitted or received using HealthEpic tools and services,
including patient history.
HEALTHEPIC 24x7 CHANNEl AND
MEMBER TO MEMBER ("PUBLIC AREAS").
If you use a Public Area,
such as 24x7 counseling channel, chat room, bulletin board, community Ask
Our Expert posting or other member communities, you are solely responsible
for your own communications, the consequences of posting those communications,
and your reliance on any communications found in the Public Areas in general
and individual in particular. HealthEpic is not responsible for the
consequences of any communications in the Public Areas. If you think you may
have a medical emergency, call your doctor immediately.
The medical professionals are
just counseling you on various health issues and health problems and it should
not be taken as an advice or consultation and you should seek your physicians
advice in case of emergency.
Counseling is
being done on the basis of your health history you have provided so utmost
care should be taken while filling patient history form.
In consideration of being
allowed to use the Public Areas, you agree that the following actions shall
constitute a material breach of these Terms and Conditions:
1. Using a Public Area for any
purpose in violation of local, state, national, or international laws
existing and/or operative;
2. Posting material that
infringes on the intellectual property rights of others or on the privacy or
publicity rights of others;
3. Posting material that is
unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous,
hateful, or embarrassing to any other person or entity as determined by
HealthEpic in its sole discretion;
4. Posting advertisements or
solicitations of business;
5. After receiving a warning,
continuing to disrupt the normal flow of dialogue, or posting comments that
are not related to the topic being discussed (unless it is clear the
discussion is free-form);
6. Posting chain letters or
pyramid schemes;
7. Impersonating another person;
8. Distributing viruses or other
harmful computer code;
9. Harvesting or otherwise
collecting information about others, including email addresses, without
their identification for posting or viewing comments; consent;
10. Allowing any other person or
entity to use your identification for posting or viewing comments
11. Posting the same note more
than once or "spamming"; or
12. Engaging in any other conduct
that restricts or inhibits any other person from using or enjoying the
Public Area or the Site, or which, in the judgment of HealthEpic, exposes
HealthEpic or any of its customers or suppliers to any liability or
detriment of any type.
HealthEpic reserves the right (but is not obligated) to do any or all of the
following:
1. Record the dialogue in
public chat rooms.
2. Investigate an
allegation that a communication(s) do(es) not conform to the terms of this
section and determine in its sole discretion to remove or request the
removal of the communication(s).
3. Remove communications
which are abusive, illegal, or disruptive, contradictory or that otherwise
fail to conform with these Terms and Conditions.
4. Terminate a user's
access to any or all Public Areas and/or the HealthEpic Site upon any breach
of these Terms and Conditions.
5. Monitor, edit, or
disclose any communication in the Public Areas.
6. Edit, add, amendment,
rectify or delete any communication(s) posted on the HealthEpic Site,
regardless of whether such communication(s) violate these standards.
HealthEpic reserves the right
to take any action it deems fit, proper and necessary to protect the personal
safety of our guest/guests, medical professionals or the public. HealthEpic
has no liability or responsibility to users of the HealthEpic Site or any other
person or entity for performance or nonperformance of the aforementioned
activities. ADVERTISEMENTS, SEARCHES AND LINKS TO OTHER SITES.
HealthEpic may provide links to
third-party web sites. HealthEpic also may select certain sites as priority
responses to search terms you enter and HealthEpic may agree to allow
advertisers to respond to certain search terms with advertisements or sponsored
content. HealthEpic does not recommend and does not endorse the content on any
third-party websites. HealthEpic is not responsible for the content of linked
third-party sites, sites framed within the HealthEpic Site, third-party sites
provided as search results, or third-party advertisements, and does not make any
representations regarding their content or accuracy. Your use of third-party
websites is at your own risk and subject to the terms and conditions of use for
such sites. HealthEpic does not endorse any product advertised on the HealthEpic
Site.
INDEMNITY.
You agree and undertake to defend, indemnify, and hold HealthEpic, its officers,
directors, employees, agents, licensors, and suppliers, harmless from and
against any claims, actions or demands, liabilities, loss, harm and settlements
including without limitation, reasonable legal and accounting fees, resulting
from, or alleged to result from, your violation of these Terms and Conditions.
GENERAL.
HealthEpic is based in Mumbai, India. HealthEpic makes no claims that the
Content is appropriate or may be downloaded outside India. Access to the Content
may not be legal by certain persons or in certain countries. If you access the
HealthEpic Site from outside India, you do so at your own risk and consequences
and are responsible for compliance with the laws of your jurisdiction. The
following provisions survive the expiration or termination of these Terms and
Conditions for any reason whatsoever: Liability, User Submissions, Indemnity,
Jurisdiction, and Complete Agreement.
JURISDICTION.
You expressly agree that exclusive jurisdiction for any dispute with HealthEpic,
or in any way relating to your use of the HealthEpic Site, resides in the courts
of Mumbai, India and you further agree and expressly consent to the exercise of
personal jurisdiction in the courts at Mumbai, India exclusively in
connection with any such dispute including any claim involving HealthEpic or its
affiliates, subsidiaries, employees, contractors, officers, directors,
telecommunication providers, content providers and whatever name be called.
These Terms and Conditions are
governed under the internal substantive laws prevailing in Mumbai, India,
without respect to its conflict of laws principles. If any provision of these
Terms and Conditions is found to be invalid by any court having competent
jurisdiction, the invalidity of such provision shall not affect the validity of
the remaining provisions of these Terms and Conditions, which shall remain in
full force and effect. No waiver of any of these Terms and Conditions shall be
deemed a further or continuing waiver of such term or condition or any other
term or condition.
COMPLETE AGREEMENT.
Except as expressly provided in a particular "legal notice" on the
HealthEpic Site, these Terms and Conditions and the HealthEpic Privacy Policy
and Agreement constitute the entire agreement between you and HealthEpic with
respect to the use of the HealthEpic Site, and Content.
Thank you for your cooperation.
We hope you find the HealthEpic Site helpful and convenient to use! Questions or
comments regarding this website, including any reports of non-functioning links,
should be directed by electronic mail to suggest@HealthEpic.com
or via mail to HealthEpic at 222, Bhaweshwar Arcade, LBS Marg, Opp. Shreyas
Cinema, Ghatkopar(w), Mumbai - 400086 , India. We try to answer every email in a
timely manner but are not always able to do so.
©2000-2001
HealthEpic (India) Pvt. Ltd. All rights reserved.
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