1. Accessing our Services
1.1 Public Services We make some Services available without registering or obtaining a password. We call these "Public Services." You may make personal, non-commercial use of the Public Services so long as you comply with these Terms. This personal use includes linking to information appearing in the Public Services, provided you do not represent yourself as an employee, agent or representative of Medimojo, Inc. Personal use also includes temporary caching by your browser or a proxy server.
If you operate a free, public search engine that has made a public commitment to adhering to the robots.txt protocol, together with our Sitemaps and Crawl-delay directive (collectively, the "Protocol"), you may crawl, index and publish hyperlinks (including so-called "deep links") to the Public Services, so long as (i) you do so in compliance with the Protocol instructions published in applicable locations on our Services, (ii) you do not directly or indirectly receive remuneration in connection with the provision or display of said hyperlinks and cached pages, and (iii) if your user-agent is disallowed by us in our Protocol instructions or we otherwise notify you in writing, you shall cease all crawling of our Services. We call such a free, public search engine satisfying the requirements of clauses (i) through (iii), a "Public Search Engine," and the Public Search Engine,s combined performance of clauses (i) through (iii), collectively, "Public Search Services." We may revoke the foregoing authorizations at any time as indicated in our Protocol instructions.
We reserve all rights not expressly granted to you. This means that if you wish to use the Public Services in a way that is not authorized above, you must receive our permission prior to such use.
1.2 Protected Services Some of our Services are protected by technical measures intended to safeguard the confidentiality, integrity and accessibility of sensitive information our users store and share using our Services. We call these "Protected Services." One such safeguard is requiring each user to be properly authenticated by means of authorization (which we call, "Credentials"), such as unique identifiers, API keys, passwords, and the like. In order to obtain Credentials, you must provide certain information about yourself. If you are registering for a Protected Service, or accessing or using, or attempting to access or use, a Protected Service on behalf of, or for the benefit of, someone other than yourself - such as your employer, client or customer (each, a "Principal") - you must also identify and provide information about each Principal.
If you sign up for one of our Protected Services you may be asked to agree to a user agreement (your "User Agreement"). In such cases, you will be asked to expressly consent to your User Agreement, for example, by checking a box or clicking on a button with terms such as "I agree" or "Create my EHR" or the like. In the event of a conflict between the terms of your User Agreement and of these Terms, the terms of your User Agreement shall control.
Your Credentials are unique to you. You should immediately notify us here if your Credentials have been stolen or compromised. You are responsible for all activities that occur under your Credentials until you have properly notified us that your Credentials have been stolen or compromised. Further, you represent, warrant and covenant that:
The information you submit in obtaining your Credentials is complete and accurate and identifies you and the name of each of your Principals; you will not share your Credentials with anyone else; you will not circumvent, or attempt to circumvent, any technical measures that we have put in place to safeguard the Protected Services; you will not, without our prior written approval, access or use, or attempt to access or use, any portion of the Protected Services other than with (i) a commercial browser (such as Chrome, Internet Explorer or Mozilla Firefox), (ii) an application made for mobile or handheld device(s) that is developed and distributed by us, or (iii) our application programming interface ("API") using Credentials issued to you directly by us, and only us; and You will not access or use, or attempt to access or use, a Protected Service without validly-issued active Credentials. We reserve the right to suspend or terminate your access to any Protected Service at any time, with or without cause or notice. We shall not be liable to you in any way if we suspend or terminate your access to a Protected Service or our Services.
1.3 Additional Safeguards To further protect the confidentiality, integrity and availability of the information housed and shared on our Services, as well as the stability of our Services, you agree to the following additional safeguards. Accordingly, you agree that you will not, nor will you attempt to:
Access, use or disseminate our Services, nor any information or files accessible via our Services, in a manner that violates any applicable law or regulation or the rights of any individual or entity; sell or transfer any information included in our Services or use such information to market any product or service - including by sending, or facilitating the sending of, unsolicited emails or SPAM; probe, scan or test the vulnerability of our Services, or of the system or network supporting our Services, or circumvent any security or authentication measures; disable, bypass, defeat, avoid, remove, deactivate or otherwise circumvent any technical measures we have implemented to safeguard the stability of our Services, or the confidentiality, integrity or availability of any information, content or data hosted or housed on our Services; introduce to our Services any software, code or other device that in any way (i) permits unauthorized access to our systems or any software, hardware, files or data located thereon, (ii) disables or damages or otherwise interferes with or adversely affects the operation of our systems or any software, hardware, files or data located thereon, or (iii) overburdens or interferes with the proper functioning of our Services; disassemble, decompile or reverse engineer our Services; harvest, retrieve, index or publish any portion of our Services unless you are a Public Search Engine engaging in Public Search Services; disable or circumvent our API usage safeguards, including safeguards designed to regulate the nature or amount of data you are permitted to extract from our Services, or the frequency of which you may access such data; or make calls to our API other than those authorized in our API documentation; remove any copyright, trademark or other proprietary rights notices contained in or on our Services; or engage in any activity other than those expressly permitted in these Terms and your User Agreement(s).
1.4 Use of the Services by and on behalf of Minors You are not eligible to use our Services (including obtaining a Credential or entering into a User Agreement) unless you are at least 18 years old and otherwise have the legal capacity to enter into a binding contract in your jurisdiction. If you are an unemancipated minor over the age of 13, you may only use our Services if: (i) such use has been approved of by your parent or legal guardian, (ii) you use our Services under his or her supervision, and (iii) he or she has agreed to these Terms (and, if applicable, your User Agreement) on your behalf.
If you are the parent or guardian of an unemancipated minor, you may use the Services and enter into a User Agreement on behalf of such minor. By doing so, you represent and warrant that you have the legal capacity to act on behalf of such minor; and you acknowledge and agree, in such capacity, that all provisions of these Terms (and User Agreement, if applicable) that applicable to you are equally applicable to such minor.
Under no circumstances may our Services be used by a child under 13 years old.
1.5 United States Only Access to our Services is administered in the United States ("US") and is intended for users in the US. You may not use our Services in any jurisdiction where offering, accessing or using our Services would be illegal or unlawful.
2. Nature of the Content Appearing on our Services
2.1 Overview Our Services may include text, data, graphics, images, video or other content (collectively, "Content") created by us or third parties, including other users, professionals, partners, advertisers, sponsors, consumers and governmental agencies. The Content is provided for general informational purposes, but should not be relied upon for personal, professional, medical or regulatory decisions. And we do not ensure the completeness, timeliness or accuracy of the Content.
2.2 Blog Posts; Ratings; Surveys; Comments; User-Submitted Content Our Services allow you to access blogs, message boards, chat services, surveys and other forums where various users can share information, opinions, chats and other Content. We generally do not pre-screen or monitor user-submitted Content, and such Content may simply represent a user,s opinion or Content a user finds interesting. Our Services may also include survey results, ratings or testimonials ("Evaluations") from patients, clients or other customers ("Patients") of healthcare professionals ("Professionals") that may endorse, recommend, critique, analyze, evaluate or otherwise describe the Professionals and the nature or quality of the services received by such patient, client or customer. Such Evaluations are anecdotal first-hand accounts of individual Patients, and are neither professional judgments nor the product of medical science. Such Evaluations do not in any way constitute or imply our endorsement or recommendation of any Professional. Further, Evaluations are subject to errors and biases that are common in anecdotal first-hand accounts, and should not to be presumed to be reliable or error-free.
2.3 Directories: Physicians, Consultants, and Other Professionals Our Services include listings and directories ("Directories") to help you find physicians, healthcare professionals, certified consultants or other professionals (collectively, "Professionals"). The Directories are provided for your convenience. The Directories are not comprehensive, but rather generally represent Professionals who use our Services and who have chosen to participate in the Directories. Further, we do not evaluate any Professional and the listing of a Professional does not in any way constitute a recommendation of such Professional. Before obtaining services or treatment from any Professional listed in a Directory, you should take the same care you would under any other circumstance, including by confirming licensure and specialty certifications. The Professionals are solely responsible for the appropriateness and quality of the services they provide. Additionally, the Directories rely on information submitted by Professionals themselves. Unless Professionals provide us with current information, the Directory information may not be timely or accurate. You should confirm such information before obtaining services or treatment from a Professional. As a convenience, the Services may permit you to request an appointment with a Professional. However, Professionals are responsible for maintaining their own schedules, and we cannot ensure that any given Professional will be available, nor that such Professional will not cancel his or her appointment.
2.4 Advertising Our Services may include advertisements or promotional messages sponsored by third parties (collectively, "Ads"). The manufacturers, services providers, distributors and resellers of the products and services identified in the Ads are solely responsible for the accuracy of their Ads and the suitability, efficacy, safety and quality of such products or services. An Ad does not in any way constitute or imply our recommendation or endorsement of such product or service.
2.5 Links to Other Sites Our Services may contain hyperlinks (including hyperlinked Ads) to websites operated by third parties, or to materials or information made available by third parties. Such links do not constitute or imply our endorsement of such third parties, or of the content of their sites, or the suitability, efficacy, safety or quality of their products or services, or the information privacy or security practices of their websites.
2.6 No Medical Advice Some Content may include health- or medical-related information. Such Content is provided for general informational purposes only. We do not directly or indirectly practice medicine, render medical advice, or dispense medical services via our Services or otherwise, and nothing contained in our Services should be intended to be a medical diagnosis or treatment. No medical professional/patient relationship is created by your use of our Services or the Content. Always seek the advice of your physician or other qualified health professional with any questions you may have regarding a medical condition, and never disregard professional medical advice or delay seeking treatment based on any Content or other information included in the Services. If you think you may have a medical emergency, call your healthcare professional or your local emergency number (usually 911) immediately.
2.7 Clinical Decision Support Information If you are a Professional, the Content may include information to assist you in clinical decision-making. This may include information and reminders concerning drug interactions, allergies, dosages, as well as general healthcare related information and resources. We may also provide forums for our users to exchange information. The information and materials available through our Services are for informational purposes only and are not intended to constitute professional advice, diagnosis or treatment, or to substitute for your professional judgment.
2.8 No Legal or Regulatory Advice Some Content may include regulatory related information pertaining to you or your business. Such Content is provided for informational purposes only. We are not providing legal or regulatory advice and no attorney/client relationship is created by your use of our Services or the Content. Accordingly, always seek the advice of your attorney or advisors with any questions you may have regarding a law, regulation, or dispute.
3. Your Interactions and Communications with Us and Our Services
As part of providing our Services to you, we may need to provide you with certain communications, such as service announcements and administrative messages. Such communication may be by email, instant message, a posting on our Services or some other mechanism. You consent to receive such communications from us electronically. If you have registered for one or more of the Protected Services, our Service announcements and administrative messages we provide you are considered part of the Protected Services themselves, which you may not be able to opt-out from receiving until you cease using, or deactivate your Credentials to, such Protected Services.
You agree that all agreements, notices, authorizations, disclosures and other communications that we provide to you electronically, as well as any acceptances, agreements, consents or authorizations that you provide to us electronically, satisfy any and all legal requirement(s) that such communications be in writing.
3.2 Your Participation in Our Public Forums We may offer one or more forums for the exchange of information among our users. You acknowledge that any text, data, graphics, images, video or other content ("Content") that you submit in any of our forums (including discussion groups, blogs, surveys, ratings, comment forms, or message boards, collectively, "Public Forums") is available to the public. Notwithstanding the foregoing, we are under no obligation to display any of your Content that you submit, and we reserve the right to remove or edit your Content at any time, for any or no reason.
It is important that you act responsibly when submitting Content to a Public Forum. You acknowledge that any Content that you submit in a Public Forum is available to the public. You are solely responsible for any Content that you post on the Public Forums or transmit to other users of our Services. You acknowledge that any information you post in a Public Forum may be available to the public, and may result in your receiving communications from others outside our Services.
Your participation in our Public Forums is subject to our Community Standards and is contingent on your acknowledgment and agreement with the following:
You will only disclose information about yourself on a Public Forum that you consider suitable for public disclosure. Do not disclose information that personally identifies you unless you intend for that information to be disclosed publicly. We strongly recommend that you refrain from disclosing any sensitive information about yourself on a Public Forum, including information about any medical condition. You will not violate the privacy rights of others, including disclosing information about anyone else,s medical or financial condition or any other sensitive subjects. You will ensure that any Content that you submit to Public Forums is accurate. If you are rating or reviewing a Professional, you agree to provide your honest appraisals of such Professional, without using inappropriate language or making gratuitous personal criticisms. You will not post any Content that you do not have the right to post; you will not violate any person,s or entity,s intellectual property or proprietary rights, including copyrights, trademarks or trade secret rights. We will not be liable to you for any Content you submit to any Public Forum.
3.3 Removal of Content You understand and agree that we may, but are not obligated to, monitor, edit or remove any Content for any or no reason at any time. We are not responsible, however, for any delay or failure in removing any Content.
3.4 Reporting Violations We may provide you with tools with which to report violations of the Community Standards or other provisions of these Terms. Notwithstanding the availability of such tools, you acknowledge and agree that we are under no obligation to take any action with respect to any such report.
3.5 Copyright Policy We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information:
A physical or electronic signature of the copyright owner or a person authorized to act on behalf of the owner, if someone other than you, of an exclusive right that is allegedly infringed; Identification of the copyrighted work claimed to have been infringed; Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner; and Your contact information, including your address, telephone number, and email address. We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, Medimojo will also terminate a user,s account if the user is determined to be a repeat infringer.
The Website does not engage in the business of online pharmacy and/or chemists. The Website solely collates the order/s for the medicines, provided by the users and assigns these orders to the registered pharmacies and retail stores (hereinafter referred to as third party or third parties, as the context may require)? who have duly obtained all the requisite approvals, clearances, permits, licenses and other authorizations under the applicable laws to sell and distribute the prescription medicines and other related drugs.
The Information on the Website is provided only to help the users in locating the relevant prescribed medicines and/or drugs. Nothing on this Website shall be construed or interpreted as a substitute for the medical advice and the same shall not be relied upon by the user. It is important to note that the user shall always consult a registered and a qualified medical practitioner or a healthcare professional, or a healthcare expert for any consultation. The Website neither accepts any liability for the accuracy, or the completeness, or the use of, nor any liability to update the Information contained on this Website.
All the efforts are made to ensure that the medicines, materials and/or the drugs (Services?) provided to the users in pursuance of their orders are true, accurate, fit-for-use, and are nonmisleading; provided, however, these Services are rendered to the users directly by the third parties and are provided on as is basis without any representations or warranties of any kind, either express or implied, including but not limited to, the correctness, timeliness, accuracy, completeness, merchantability, fitness for a particular purpose, or non-infringement.
The Website shall not be held liable against any and all claims, suits, actions, demands, loss or other liabilities which the user may suffer as a result of, or as a consequence of any act done by the third party or on behalf of third party, including without limitation, the negligence and/or omission and/or failure to fulfill their obligations. Further, the Website shall not be held responsible and liable for any faulty, damaged, broken, expired, contaminated, counterfeited, and/or false Services supplied, delivered, sent or provided by the third parties to the users. The third party acknowledges to be solely responsible for any mishap.
The Website may link the users to the other websites on the internet which are outside the control of medimojo.in. Users undertakes to access these websites at their own risk and shall not hold medimojo.in liable for any damage or loss suffered, caused or alleged to be caused in connection with the reliance upon the information, content or opinion contained therein on such other websites by the user.