Patients-Care Terms Of Use
Welcome to Patients-Care.com web site (the “Website”), provided by Compurx infotech (“Compurx infotech”) doing business as Patients-Care.com (“Patients-Care”).
These are the Terms and conditions ("User Agreement") governing your use of our services or the Website Patients-Care.com (hereinafter referred to as "the Website ") and your relationship with Compurx infotech. Please read them carefully before accepting its terms as they affect your rights and liabilities under the law. If you do not agree to these Terms and Conditions, please do not register for or use the Patients-Care.com Website. Please note that to use any of the services provided on the Patients-Care.com Website, you are required to register as an authorised user on the Website.
Important Notice
This is a Legal Agreement. This document is an electronic record in terms of Information Technology Act, 2000 and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. You understand and agree that Patients-Care and the Website merely provide hosting services to its Registered Users. All items / services advertised/listed and the contents therein are advertised and listed by Registered Users and are third party user generated contents. Patients-Care has no control over the third party user generated contents. You understand and agree that Compurx infotech is a mere network service provider within the meaning of Section 79 of the Information Technology Act, 2000 and is only providing access through its platform to various data and information concerning health and wellness in the electronic form. Compurx infotech has already done its due diligence as is required within the parameters of Section 79 of the Information Technology Act, 2000 pertaining to third party information or data made available by it on its Website.
Medical Disclaimer
This site does not provide medical advice
The Content of the Patients-Care Website, such as text, graphics, images, information obtained from Patients-Care's licensors, medical information sourced from its Syndicate (third parties), material created by in-house team of Compurx infotech and other material contained on the Patients-Care Website ("Content") are for informational purposes only. You acknowledge and agree that Patients-Care is only an intermediary that provides selected Health Care Provider information to patients and potential patients. This Website and its services do not constitute the practice of any medical, nursing or other professional health care advice, diagnosis or treatment. Nothing on the portal is intended to be used for or to replace the advice of your doctors, medical diagnosis or treatment. Patients-Care Website does not provide medical diagnosis or recommendations about medical treatment, and does not recommend or endorse any products or information or any particular Health Care Provider or medical services of any kind and does not offer advice regarding the quality or suitability of any particular Health Care Provider that may be contained in the Content for chiropractic care, medical treatment or for any health condition or for your particular circumstances.
The content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. We advice you to always seek the advice of your physician or other qualified health care provider with any questions you may have regarding a medical condition or disease and before taking any prescription or over the counter medications. Never disregard, avoid or delay in obtaining professional medical advice from your doctor or other qualified healthcare provider because of something you have read on the patients-care website! You agree to assume all responsibility in connection with choosing any health care provider, whether or not you obtained information about such health care provider through patients-care. Patients-care disclaims all responsibility and liability arising from your use of or reliance on the website 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 health care provider featured on the website, including but not limited to malpractice claims.
If you suspect that you have a medical problem or condition, please contact a qualified health care professional immediately. If you think you may have a medical emergency, call your doctor or call for emergency medical help immediately. Patients-Care does not recommend or endorse any specific tests, physicians, products, techniques, drugs, procedures, opinions, or other information that may be mentioned on the Website. Reliance on any information provided by Patients-Care, Patients-Care employees, others appearing on the Website at the invitation of Patients-Care, or other visitors to the Website is solely at your own risk.
The Website may contain health or medical-related materials that are sexually explicit. If you find these materials offensive, you may not want to use our Website.
Registered User :
There are two possible types of users of the Website
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Registered Consumers ("Consumers”), and
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Registered Health Care Providers ("Providers"). The term “Provider,” as used herein, refers to any individual or business that is capable of treating any Consumer, including without limitation physicians, other healthcare practitioners, healthcare clinics, hospitals, and other places located throughout the world and includes provider of health care products and services. This Agreement covers both types of users; however, certain provisions may apply to only certain types of users. If you wish to be a Consumer or Provider then you must complete the registration process by providing Compurx infotech with current, complete and accurate information as prompted by the login and registration process (“Registration Data”) while registering on the Website and accept this electronic version / electronic record of the User Agreement. You must allocate yourself a unique identification user name ("User ID" and "Password"). Compurx infotech reserves the right to decline any application for registration.
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Assent to Terms of Use and Amendment
As a new Registered User, this User Agreement shall be effective and binding upon your 'acceptance'. 'Acceptance' shall mean your affirmative action in clicking on 'check box' and on the 'continue button' as provided on the registration page. You acknowledge and agree that, whenever Your click of “Accept”, “I agree”, “Submit” or other similarly worded button or entry field appearing now or in the future on the Website with your mouse, keystroke or other computer device, you intend for such action to constitute your acknowledgement of, and agreement to, all of the terms and conditions set forth in this agreement and, you are stating that
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you are an adult individual (18 years or older);
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you have the legal capacity to enter into binding contracts;
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you have read and understand all of the terms and conditions of this agreement
and
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your agreement or consent will be legally binding and enforceable and may be considered the legal agreement equivalent of your handwritten signature.
If you do not agree or are not willing to be bound by the terms and conditions of this User Agreement, please do not click on the "check box" and on the "Continue" button and do not seek to obtain access to or otherwise use the Website. You understand and agree that the Website is made available to you only pursuant to this Agreement.
Health Care Provider registration:
If you are registering as an entity or Provider of Health Care Services, you represent that you are duly authorized by the entity to accept this User Agreement and you have the authority to bind that business entity to this User Agreement and have an existing (“Service Provider Agreement”) with Compurx infotech, and Your use of this Website is also subject to the terms and conditions of that Service Provider Agreement, all terms of which shall be deemed to have been incorporated herein.
We may amend these terms and conditions from time to time without notice to you. You can review the most current version of the terms and conditions at any time at ../tos.html By accepting this User Agreement, You also accept and agree to be bound by all the terms and conditions of the most current version of the User Agreement and any guidelines, rules, and policies as may be posted on this Website from time to time.
Please note:
Various underlined words and phrases are hyperlinked to various rules and policies on the Website. By accepting this User Agreement, You also agree that You have read, understood and agreed to be bound by User Agreement, Privacy Policy and other rules and policies on those websites.
Your Account and Registration Obligations
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If you use this Website, you are responsible for maintaining the confidentiality of your User ID and Password and for restricting access to your computer, computer system and computer network, and you are solely liable for all activities that occur under your User ID and Password, including all legal liability incurred from the use of your account by others. If you believe your password or User ID has been accessed or used by a non-authorized person, you agree to immediately notify Patients-Care of any such unauthorized use of your password or account or any other breach of security so that we may deactivate them. You will be responsible to mitigate damages if your password or User ID are accessed or used by an unauthorized person. Patients-Care cannot and will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your password secure. In the event your organization only uses one password and User ID, you agree to keep current written records of who has been provided the password and User ID
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In order to access certain services, you may be required to provide true, current, accurate identification, contact, and other information as part of the registration process and/or continued use of Patients-Care services. You must not include any of your contact details such as email addresses etc. in your User ID. You must maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or Patients-Care has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, Patients-Care has the right to indefinitely suspend or terminate your membership with the Website and refuse to provide you with access to the Website.
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You may not use the Website in any way that
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violates the rights of others,
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is unlawful,
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encourages conduct that would violate these terms,
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gives rise to civil liability, or
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violates this Agreement, guidelines or any policies posted on the site.
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When using the Website, you agree to abide by all applicable laws and regulations.
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User Information
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Patients-Care reserves the right to collect, maintain, and use information that your web browser provides to Patients-Care’s web server, including without limitation the website from which you linked to the Website, the identity of your Internet Service Provider, or the type of browser you are using. Patients-Care may use such information in an aggregated form, such as to measure the usefulness and popularity of the Website. In addition, Patients-Care reserves the rights to request, accept, control, and maintain any and all information that you submit in registering with the Website.
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Patients-Care reserves the right to contact you, whether by mail, e-mail, telephone, or through other means, regarding any matter or issue arising out the compliance or noncompliance with the terms of this Agreement. In addition, Patients-Care shall be entitled to provide you, whether by mail, e-mail, telephone, or through other means, with certain newsletters, announcements, notices, and/or other communications, provided that you do not otherwise submit a request to Patients-Care that you wish to be excluded from Patients-Care’s distribution list of such newsletters, announcements, notices, and/or other communications.
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PATIENTS-CARE PRIVACY POLICY
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Patients-Care acts to protect your privacy and the privacy of others who access the Website and use its facilities and considers protecting a user’s personal data to be important, and has developed a Privacy Policy outlining Patients-Care’s personal data collection and use practices, which is incorporated by reference as if set forth in its entirely herein and forms part of these Terms of Use. Patients-Care will treat any information it collects from you through this Website in accordance with its Privacy Policy. For full details of the manner in which Patients-Care uses cookies, the type of information we collect, how we use it and further details concerning the circumstances upon which we disclose information, our data protection practices, please read our Privacy Policy at ../privacy_policy.jsp
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By using Patients-Care services, you acknowledge and agree that Patients-Care may access, preserve, and disclose your account information and any Content associated with that account if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:
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satisfy any applicable law, regulation, legal process or enforceable governmental request,
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enforce the Terms, including investigation of potential violations hereof,
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detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of Spam), or
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protect against imminent harm to the rights, property or safety of Patients-Care, its users or the public as required or permitted by law.
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You understand that the technical processing and transmission of Patients-Care services, including your Content, may involve
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transmissions over various networks; and
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changes to conform and adapt to technical requirements of connecting networks, devices or services.
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You assume total responsibility and risk for your use of the Website and the Internet. You acknowledge and agree that any uploads or transmission you make to, from or through the Website may be intercepted and used by an unauthorized third party and that all of the risk associated with these activities is solely yours.
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You also understand and agree that we may have access to your account and its content, and may suspend or terminate your account access and your ability to modify your account.
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Use of this Website
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This Website may be used only for lawful purposes. Transmission of any material in violation of any local, state, federal or export control law or regulation is prohibited. This includes, without limitation, material protected by copyright, patent, trademark, trade secret or other intellectual property right used without proper authorization.
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If any user of this Website interferes with other user’s enjoyment of the services provided by Patients-Care and its Website, such user shall be deemed to be in violation of this Agreement. Violations of system or network security are prohibited, and may result in criminal and civil liability. Compurx infotech will investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following:
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Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.
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Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network.
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Interference with service to any user, host or network including, without limitation, mail bombing, flooding, junk mails, spams, deliberate attempts to overload a system and broadcast attacks.
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Distribution of viruses, worms, Trojan horses and other destructive activities.
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Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting.
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Other activities, whether lawful or unlawful, that Compurx infotech determines to be harmful to any Providers, Consumers, Users, or to Compurx infotech’s reputation, including any activities that restrict or inhibit any other User from using and enjoying the Website.
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Unless otherwise expressly authorized by Compurx infotech, using this Website and/or the information contain therein to send unsolicited, commercial mass e-mail messages, including, without limitation, commercial advertising and informational announcements, is explicitly prohibited.
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Although Compurx infotech does not review or censor some materials and information which is accessible or viewable on the Website, including without limitation Provider descriptions, images showing Users before and after a Treatment, or other websites which may be accessed from the Website, if Compurx infotech becomes aware that a user of this Website is in violation of this Agreement, Compurx infotech reserves the right to suspend or terminate such user’s access to this Website without notice. Furthermore, Compurx infotech reserves the right to delete and remove any information or material that is or may be published within the Website if Compurx infotech believes, in its sole discretion, that such information or material may violate the terms and conditions of this Agreement.
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You further agree not to contact and request information from a Provider using the Website unless you have a bona fide intent to potentially, subject to your (and preferably your primary care physician’s) assessment, hire a Provider or otherwise consummate a Transaction.
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Grant of License
This Agreement provides you with a personal, revocable, non-exclusive, non-transferable license to use the Website, conditioned on your continued compliance with the terms and conditions of this Agreement.
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Nature of Service
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Patients-Care.com is a Web-based chiropractic oriented health information resource for the distribution of free healthcare provider and chiropractic-related information. You can also purchase health-related products and services from third party Health Care Providers through links on the Website. If you are Health Care Provider, the eligibility and coverage information for individuals you provide health or medical services for, will be governed by the terms of the Provider Agreement between you and Compurx infotech.
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Patients-Care.com is a liaison between individuals (“Users,” “Consumers”, “Your” or “You”) demanding to access medical services around the world like medical practitioners, hospitals, clinics and the Health Care Providers. Within the scope of Terms of Use herein, “Medical Services” refers to the medical service or services that a Health Care Provider (not Patients-Care.com itself) is legally permitted to provide to a client.
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PROVIDER REPRESENTATIONS & AGREEMENTS
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If you ever represent yourself as or act in the capacity of a Provider within the Website, you hereby agree and acknowledge
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that any dispute arising between you and any Consumer relating to the payment
of any amounts arising from a Transaction or Services must be addressed, litigated,
resolved, and/or settled between you and such Consumer and, furthermore, that you
will not involve or implicate Compurx infotech in any way;
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to timely and fully pay any and all invoices in connection with all Transactions and all amounts owed to Compurx infotech, including without limitation all amounts due for Memberships;
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that any dispute arising between you and any Consumer relating to the effectiveness, quality, timeliness, or safety of any Treatment or products must be addressed, litigated, resolved, and/or settled between you and such Consumer and, furthermore, will not involve or implicate Compurx infotech in any way;
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that any injury you sustain, whether personally and/or financially, in performing any Treatment shall not involve, implicate, or be recoverable (in whole or in part) against Compurx infotech; and
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you hereby warrant, represent and agree to carry sufficient insurance to fully compensate you, or any contractor, employee, or agent that you may engage, for any injury that is sustained in performing any Treatment and/or to fully compensate a Consumer for any injury or damage that you may cause to such Consumer, whether directly, indirectly, or with or without fault, in connection with the performance of a Treatment.
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If you are a Provider, you further represent and warrant as follows:
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all information, text, images, and other material that you submit to Compurx infotech or publish within the Website, including without limitation all information pertaining to your identity, location, credentials, training, education, qualification, experience, and all “Before and After” images that you may publish within the Website (collectively, “Your Material”), does not violate any Union, local, state, federal, or international law, rule, or regulation;
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all of Your Material is completely accurate and contains no fabrications of any kind;
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neither Your Material nor the exploitation thereof will violate the rights to privacy or publicity of any person or constitute a defamation against any person, or in any other way violate the rights of any person whomsoever;
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you own all rights to Your Material free and clear of any liens, encumbrances, and other third party interests, and any claims or litigation, whether pending or threatened;
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neither Your Material nor any element thereof is pornographic, obscene, offensive to community standards, discriminatory, or contains false advertising;
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you have full right and power to make and perform this Agreement without the consent of any third party; and
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you shall defend, indemnify and hold Compurx infotech, its licensees and assigns, and its directors, officers, and agents harmless from all claims, liabilities, damages, costs and reasonable legal fees and expenses arising from any breach or alleged breach by you of any representation, warranty or agreement hereunder and/or your tortuous or negligent conduct in connection with any Treatment that you provide to any Consumer.
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You agree that Compurx infotech may immediately terminate your Membership upon any breach, suspected breach, or threatened breach of this Agreement.
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You agree to exercise your best efforts in rendering any Treatments to Consumers. You further agree to exercise professionalism towards, and treat with the utmost respect, all past, present, prospective, and future Consumers. You agree that all information, data, images, and other material that you provide to prospective Consumers will be completely accurate and will not contain any fabrications whatsoever. You further agree that, before publishing any information, data, images, or other material pertaining to any Consumer within the Website or elsewhere, you will have obtained such Consumer’s prior written and legal consent to such publication.
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The Website, Treatments & Disclaimers
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Compurx infotech’s goal, by providing the Website to the public at large, is to make health care accessible and affordable to all. The Website includes an intuitive database of Providers for Consumers to access and search for the purpose of identifying Providers located throughout the world. Compurx infotech, including the owners, officers, members, employees, contractors, directors, affiliates, and agents thereof, shall at no time be considered a party to any Transaction that is consummated using, within, or as a result of the Website. Rather, as more fully set forth below, Compurx infotech is merely providing the Website as an informational tool that Users may review and utilize to identify prospective Providers to provide health care goods and Services. For the avoidance of doubt, all Users shall carefully review, assess and validate the credentials of each Provider, and seek the advice and input of a primary care physician regarding the abilities and credentials of a prospective Provider, before consummating any Transaction with any Provider. The decision to engage a Provider and/or to receive any Treatment from a Provider is at the User’s sole and exclusive discretion and the User hereby accepts all risk associated therewith.
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For the avoidance of doubt, and without limiting the foregoing, if you ever represent yourself as or act in the capacity of a User, you acknowledge and agree to the following:
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that any damages that you incur, whether personally and/or financially in connection with the provision of any Treatment by any Provider shall not be recoverable (in whole or in part) against Compurx infotech, but rather would be recoverable only against the responsible Provider;
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that any dispute arising between you and any Provider relating to the payment
of any amounts arising from a Transaction must be addressed, litigated, resolved,
and/or settled between you and such Provider and, furthermore, will not involve
or implicate Compurx infotech in any way;
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that any dispute arising between you and any Provider relating to medical
malpractice or a Provider’s quality and/or timeliness of any Treatment must be addressed,
litigated, resolved, and/or settled between you and such Provider and, furthermore,
will not involve or implicate Compurx infotech in any way;
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that any unlawful, unethical, or unwanted Treatment performed or any action taken by any Provider is not the responsibility of Compurx infotech and that your sole remedy would be against such Provider; and/or
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that any personal injuries or financial damages arising from and/or disputes regarding unlicensed, unbonded, and/or uninsured Providers and/or Treatments are not the fault and/or responsibility of Compurx infotech Medicine in any way.
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You hereby agree and acknowledge that some of the Providers accessible within the Website may be located outside India. You further agree and acknowledge that laws, regulations, and rules that apply to the offering and provision of health care, including any and all Treatments, will vary significantly from country-to-country. For purposes of illustration only, you hereby agree and acknowledge that many countries do not have meaningful or useful medical malpractice laws, nor do many countries have laws similar to that of the Health Insurance Portability and Accountability Act (HIPAA) of the United States (including without limitation the privacy provisions thereof). As such, you hereby fully assume and consent to any personal injuries, financial damages, or intrusions upon your privacy that may occur in the event that you receive any Treatment from any Provider, and that you shall not blame, charge, or file any complaint or lawsuit against Compurx infotech in response to any such injuries, damages, and/or intrusions.
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You hereby agree and acknowledge that Compurx infotech strongly encourages you to seek the advice of your primary care physician before receiving any Treatment from any Provider, or otherwise consummating any Transaction. You hereby agree and acknowledge that the level of care, expertise, abilities and credentials of Providers located outside India may differ substantially from the level of care, expertise, abilities and credentials of a physician located in India (or your home country) and, therefore, you are strongly encouraged to seek the advice of your primary care physician before receiving any Treatment from any Provider, or otherwise consummating any Transaction. You further agree and acknowledge that Compurx infotech in no way endorses, sponsors, certifies, or guarantees the performance of any Provider and you hereby agree that Compurx infotech shall not be liable in any way whatsoever for any personal injury or damage, financial loss, or other damages arising from your receipt of any Treatments from any Provider or otherwise arising out of any Transaction.
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India has implemented (and, if you do not reside within India, your home country may have implemented) certain laws, rules, and regulations pertaining to the use and importation of pharmaceutical medications. You agree to take all necessary actions and precautions to comply with any and all such laws, rules, and regulations pertaining to the use and importation of pharmaceutical medications before entering the India or your home country. For the avoidance of doubt, you hereby agree that Compurx infotech shall not be liable in any way whatsoever for any personal injury or damage, financial loss, other damages, or charges against you arising from your use, consumption, importation, or exportation of any pharmaceutical medications recommended, prescribed, or provided (directly or indirectly) by any Provider.
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Compurx infotech may display within the Website certain images, and/or video content, which portrays Users before and after receiving a particular Treatment. You hereby agree and acknowledge that the outcome of a Treatment that you receive from a Provider may vary significantly from those shown in the Website. You further agree and acknowledge that the outcome of a particular Treatment will depend upon many factors, including without limitation the health, age, gender, and/or fitness of a User, the ability of a Provider, and a host of other factors, which renders the outcome of many Treatments highly variable and unpredictable. Therefore, you agree not to place any reliance whatsoever on any “Before and After” content that may be shown within the Website.
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Compurx infotech does not review, censor, or warrant the accuracy of the materials and information which is accessible or viewable within the Website, including without limitation Provider descriptions, images showing Users before and after a Treatment, and other third party websites that may be accessed within the Compurx infotech Website. This information is supplied to us by third party providers, and various hospitals, doctors and clinics on the Website (the "Provider"). We have taken reasonable care to ensure it is correct and up to date; however we cannot continually verify the accuracy of such information. Accordingly, you agree and acknowledge that any reliance that you place on, or action that you take based on, such material is at your own risk and Compurx infotech shall not be liable or responsible for any personal injuries, financial loss, or other damage resulting therefrom.
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Compurx infotech is in a constant and close relation with the Providers it cooperates with. Even this is the case; we cannot guarantee the accuracy of the information including the prices provided by Providers submitted through this Website. Compurx infotech does not endorse the authenticity, quality, safety or legality of any Provider or the services provided or purported to be provided by Providers, the accuracy of any listings or Provider data we may submit, or the ability of Providers to complete a transaction.
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The medical services provided by the Provider are the sole responsibility of that provider. Those Providers provide these services in accordance with their own terms and conditions. Some of these terms and conditions may limit or exclude the Provider's liability to you. In particular, some of these terms and conditions may limit or exclude liability for death, personal injury or medical malpractice. Compurx infotech accepts no responsibility for information supplied to us by third parties. Compurx infotech recommends you confirm all information contained in the Materials with the third party provider.
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You hereby agree and acknowledge that Compurx infotech is not offering, and will not offer, any medical advice of any kind, whether through the Website or in other mediums. You hereby agree and acknowledge that you are not interpreting or relying upon any information contained in the Website to represent any form of medical advice whatsoever.
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Intellectual Property Rights
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This Website, and each of its parts, is the property of Compurx infotech, and/or its various third party vendors, customers, affiliates, providers, distributors, or Providers listed therein. None of the content or data found on this Website may be copied, reproduced, republished, uploaded, posted, distributed, sold, transferred, or modified without the express written permission of, as applicable, Compurx infotech and/or its third party vendors, customers, affiliates, providers, distributors, or Providers listed within the Website.
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All materials contained in the Website are protected by law, including but not limited to the Indian Copyright, trade secret, and trademark law, as well as other state, national, and international laws and regulations. The contents of all materials distributed in conjunction with the Website, including the graphical display of any Health Care Provider information, are copyright © by Patients-Care.com and/or Service Providers with all rights reserved. Patients-Care.com also owns a copyright on the Website as a collective work and/or compilation, and in the selection, coordination, arrangement, and enhancement of such content. Any unauthorized use of any content or material contained on this Website, including without limitation any and all information related to Providers which may be accessed within the Website, may violate copyright laws, trademark laws, patent laws, the laws of privacy and publicity, and communications regulations and statutes. Any unauthorized use of such content or material on this Website, including its reproduction, modification, distribution, or republication, without prior written permission of Compurx infotech, or other third party if applicable, is strictly prohibited. The use of such content or material on any other website or in any environment of networked computers is strictly prohibited.
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You agree not to copy, modify, adapt, reproduce, translate, distribute, transmit, reverse engineer, recompile, or dissemble any aspect of the Website, with the following exception: You may display, print and store on display, print and store one electronic copy of the content provided by Patients-Care.com for your personal use. You may not, without Patients-Care’s prior written permission, “mirror” or “frame” any material contained on this Website. The Patients-Care, and all other names, logos, and icons identifying Compurx infotech’s products and services are proprietary marks of Compurx infotech and any use of such marks without the express written permission of Compurx infotech is strictly prohibited (including without limitation use of such marks in connection with republication or citation of the rankings contained in the Website). Nothing contained in these Terms shall be construed as conferring any other license or right, expressly, by implication, by estoppel or otherwise, under any of our Intellectual Property Rights or under any third party’s Intellectual Property Rights. Unauthorized use of any material contained on this Website may violate copyright laws, trademark laws, service mark laws, and the laws of privacy. Please be aware that Compurx infotech actively and aggressively enforces its intellectual property rights to the fullest extent of the law.
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Certain product, service, or company designations for companies other than Compurx infotech may be mentioned in the Website for identification purposes only. Third Party trademarks, trade names, logos, product or services names contained on this Website are the trademarks, registered or unregistered, of their respective owners.
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Patients-Care's Proprietary rights in Software
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You acknowledge and agree that Patients-Care services and any necessary software used in connection with Patients-Care services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws and treaties. You further acknowledge and agree that Content contained in sponsor advertisements or presented to you through Patients-Care services is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Patients-Care or other proper third party rights holders, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on Content, Patients-Care services or Software, in whole or in part except as specifically authorized in a separate written agreement.
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Except as expressly authorized by Patients-Care you agree not to use, copy, imitate, or incorporate any trademark, service mark, company name, or product name in a way that is likely to cause confusion among consumers. You also agree not to remove, obscure, or alter Patients-Care's or any third party's copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Patients-Care services or Software.
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Proprietary Rights in Databases
The databases containing Health Care Provider information (the “Databases”) constitute valuable proprietary compilations owned by Patients-Care, which are protected by copyright laws. In consideration for being granted limited access to this information, you agree that you will not directly or indirectly use any of the Databases for any other purpose other than evaluating health care related services. Further, you agree that you will not, directly or indirectly, use it
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to compile mailing lists or other lists of health care providers for commercial purposes;
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to establish independent data files of compendiums of statistical information; or
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in violation of local, state, national, or international laws and regulations.
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Requests for Services
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The Provider acknowledges that Compurx infotech (through Patients-Care) will allow Patients-Care Consumers to purchase access to the Services offered by the Provider by making online payment, either via the Internet (either by transmitting credit card information via the Internet and/or electronic funds transfer) or by any other methods through Patients-Care portal.
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Consumers can select the Provider from the online directory and make requests for online purchase of Services offered by the Provider upon payment of Consumer Price through Patients-Care.
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The Provider agrees and authorizes Compurx infotech to collect online payments for such Services purchased by Consumers
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Policies regarding Payments
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The details of the prices, and other information displayed on the Website are subject to change without notice. The products and services described on the Website are subject to availability.
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Patients-Care provides for payment for products and services through its E-Ticket Payment Facility. "E-Ticket Payment Facility" means the automated electronic payment, collection and remittance facility provided by Compurx infotech to its Consumers and Providers as an adjunct activity to facilitate its online ecommerce business through Patients-Care Website using the computer systems and computer networks of Issuing Banks and related electronic payment gateways.
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E-Ticket Payment Facility
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You, as a Consumer, understand that upon initiating a Transaction You are entering into a legally binding and enforceable contract with the Provider to purchase the goods and /or services from the Provider using the E-Ticket Facility, and You shall pay the Transaction Price through Your Issuing Bank to the Provider using E-Ticket Payment Facility through Compurx infotech.
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The Consumer may choose to use online E-Ticket Payment Facility to pay the Transaction Price for their transactions on the Patients-Care Web site using a Valid Credit Card (Visa / MasterCard) or through Valid Buyer Bank Account of which he is the rightful and legal owner through online bank transfer. Once the payment is successfully received and is further confirmed by E-Ticket Payment Facility the Consumer will be intimated of the same through an email. Every successful payment of Transaction Price will be allotted a tracking number called E-Ticket Number.
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In order to avail E-Ticket Payment Facility, the Providers must register themselves for this Facility. “E-Ticket Registration” shall mean the opening of a Provider’s E-Ticket Payment Facility account with the Patients-Care Website to be managed and maintained by the Provider.
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For a Provider to offer E-Ticket Payment Facility, the Provider must register for the same. At the time of E-Ticket Payment Registration, the Provider should provide the details of a Valid Provider Bank account in which Provider wants to receive the remittance from E-Ticket Payment Facility in accordance with the E-Ticket Payment Rules and Polices for Provider. The Valid Provider Bank Account provided must be within the list of branches of banks enabled for National Electronic Fund Transfer (NEFT) system and supported by E-Ticket Payment Facility. Providing incorrect / incomplete bank account details would result in non-receipt of the Transaction Price by the Provider.
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Payment confirmation and E-Ticket
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When a Patients-Care Consumer books, purchases and pays for the Services through the Site, and the payment is successfully received, the Patients-Care Consumer would receive a confirmation and an E-Ticket will be sent to the e-mail address provided to Compurx infotech by the Patients-Care Consumer in a PDF format. The Consumer must print the E-Ticket delivered to the email address provided to Compurx infotech. It is mandatory for the Patients-Care Consumer to take a printed copy of their E-Ticket to the Provider and the same has to be presented to the Provider at its facility. Every successful payment of Transaction Price will be allotted a tracking number. In case of printing trouble please contact us immediately for corrective action.
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E-Ticket would comprise of the following details:
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Ticket number – this number is generated after successful payment
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Authorization ID - this field will be blank and will be filled by Provider at
the point of service
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Start date of validity period
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End date of validity period
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Consumer’s name
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Patient name
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Patient age
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Patient gender
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Patient address
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Provider name
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Provider address
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Services selected - maximum 10
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Consumer signature
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Provider signature
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Date of service – this field will be blank and will be filled by provider at the point of service
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A similar PDF file will be emailed to the Provider with a different set of data including the Consumer name, Patient name, etc (but without the Ticket number).
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Users understand, accept and agree that the E-Ticket payment facility provided by Compurx infotech is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, collection and remittance facility for the Transactions on the Patients-Care Site using the existing authorized banking infrastructure and credit card payment gateway networks. Further, by providing E-Ticket facility, Compurx infotech or its affiliates are neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price.
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Users agree that Compurx infotech may appoint any service provider, including but not restricted to one or more of Compurx infotech’s affiliate and/or service provider(s) in India to provide backend operations and support on the instructions of Compurx infotech including, without limitation, collection, processing and remittance of the transaction price under instructions of Compurx infotech using the existing authorized banking infrastructure and credit card payment gateway networks.
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Appointments
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The Patients-Care Consumer shall liaise with the Provider and fix up an appointment upon furnishing of requisite details within the validity period of the E-Ticket. All credits, fixing/ rescheduling of appointment dates, refunds etc. shall be the sole responsibility of the Patients-Care Consumer and the Provider.
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The Provider agrees to acknowledge such appointment requests and either confirm the same or give alternate time for appointment using the link provided in the email request by the Consumer or over telephone within four (4) hours of the requests made between 9.00 A.M. and 7.00 P.M. and by 9.30 A.M. the following morning for requests received after 7.00 P.M.
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The Provider shall ensure that all necessary equipment and requisite skilled personnel, including the doctor will be available at the time of the appointment.
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Provision of Services
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The Consumer would visit the facility of the Provider to avail the Services on the designated date and time and present the E-Ticket at the counter.
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The Provider agrees to accept such E-Ticket from Consumers and provide the requisite services as per the E-Ticket to the Consumers.
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Compurx infotech agrees to provide online authorization facility whereby the Provider shall verify the authenticity of the E-Ticket online and validate that the E-Ticket is indeed genuine before providing the Services to the Consumers.
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The person at the Provider’s facility can also call the Patients-Care helpline number and provide the following details to get an Authorization ID
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Provider ID
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Ticket number
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The helpline executive of Compurx infotech would ensure that the call is made from the numbers, which the Provider has registered with Compurx infotech. If there is a difference then the authorization ID will not be provided.
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In case the date of production of details for authorization is more than 15 days, the Compurx infotech’s system will not generate the authorization ID and reject the authorization in view of its expired validity.
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Once the authorization ID is issued and has been provided by the Patients-Care helpline agent to the Provider, the Provider would write authorization ID, provide ID and the date of Service on the E-Ticket presented by the Consumer.
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The Provider shall entertain the Consumer after due verification of the Consumer’s eligibility by verifying all the details given on the E-Ticket and provide the listed Services within the monetary limited specified therein only;
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The Provider shall ensure the efficacy of professional services through sufficient number of trained and qualified physicians, sufficient clinical resources, trained lab assistants and nursing staff;
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The Provider shall ensure that all the tests/investigations mentioned in the e-Ticket are provided to the Consumers, with standards commensurate with the best medical and professional practices and accepted methods available with the Provider.
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In case the Provider finds any tampering, false or incorrect information or any thing to that effect in the E-Ticket of any Consumer, the Provider shall immediately inform Compurx infotech on which Compurx infotech shall take necessary steps and instruct the Provider with regard to the eligibility of the Consumer.
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In the event the Provider cannot provide any requested Services, the Provider will inform the Consumer of its inability, otherwise the Provider will provide the Consumer, the Services requested on the E-Ticket at the date and time specified therein for the period of time so designated.
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In the event the Provider cannot provide any of the requested Services for some reason, the Provider will notify about the same to Compurx infotech. The Provider would in that eventuality, return the amount for such un-availed Services to the Consumer directly.
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The Provider shall meet the reasonable expectation of the patients, families and Health Care Professionals, and shall provide professional and courteous conduct and appearance at all times while performing Services pursuant to this Agreement.
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20.15 The Provider will not bill, charge, collect a deposit, seek compensation, remuneration or reimbursement from, or have any recourse against, Consumers submitting a valid E-Ticket for any Health Care Services provided pursuant to this Agreement.
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Terms & Conditions for E-Ticket facility
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The E-Ticket would inter-alia be governed by following terms and conditions:
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The E-Ticket would be valid till 15 days after the actual date of service selected
by the Consumer.
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The Provider has to provide the service at the rate as on the date of purchase
of service up to the validity date of E-Ticket.
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Provider is responsible for updating their availability on the Patients-Care portal.
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Provider is responsible for updating rate of services and available services on
the Patients-Care portal.
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In case any purchased Service is not available on a particular date the dispute will be handled by the mutual understanding of Consumer and the Provider.
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The payment to Provider will only be made after receiving the original E-Ticket with Authorization ID, Provider ID, Customer ID, Service Number, Services provided and the signature of authorized person in the facility.
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The payment will be made after 15 days of the receiving of the Ticket.
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All the payments will be made by electronic transfer made to the designated bank of the Provider.
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A list of Ticket numbers must be provided with the original Tickets sent to Compurx infotech for reimbursement. In case of any difference the payment will be stopped for the disputed lot till issue is resolved.
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The Provider has to register all the phone numbers those will be used to call Compurx infotech Helpline to get authorization ID. The Provider also needs to register all employees responsible to call Compurx infotech.
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Any new number will be registered only if Compurx infotech gets application for the same from the Administrator of the facility.
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The Consumer can book the E-Ticket maximum 15 days in advance of the start date of validity period.
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For monies received by Compurx infotech from you in respect of any services to be provided by the Provider, we do not act as agent of the Provider. If for any reason, any the Provider is unable to provide the services for which you have contracted, your remedy lies against that Provider, as applicable, and not against Compurx infotech. In the event we received payment by credit card, you agree that you will not seek to chargeback or recover your payment or any other losses from Compurx infotech. Further, you agree that, for the purposes of any applicable credit card scheme rules, by completing your booking and remitting payment to the relevant Provider(s), Compurx infotech has discharged in full our responsibilities to you. By accepting these Terms and Conditions you hereby waive the right to seek any chargeback against Compurx infotech with respect to any such payment and you agree that these Terms and Conditions may be used by Compurx infotech to resist any chargeback you seek to make against Compurx infotech.
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Trademarks
Trademarks, service marks and logos used and displayed on this site are registered and unregistered trademarks of Compurx infotech and others. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
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User Content
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You understand that all information, data, text, sound, photographs, graphics, video, messages or other materials ("Content") are the sole responsibility of the person from which such Content originated. Patients-Care reserves the right, but shall have no obligation, to pre-screen, flag, filter, refuse, modify or move any Content available via Patients-Care services. You understand that by using Patients-Care services you may be exposed to Content that is offensive, indecent or objectionable, and that you use Patients-Care services at your own risk.
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If you use the Blog feature, you agree that by posting any comments, posts or other material on the blog, you give Compurx infotech the irrevocable right to reproduce, distribute, publish, display, edit, modify, create derivative works from, and otherwise use your submission for any purpose in any form and on any media. Should any User respond to Patients-Care.com or Compurx infotech or any of its employees, agents, partners, contributors, or others through the Website, via e-mail, message boards, or otherwise, with any information including, but not limited to, feedback, questions, requests, opinions, comments, suggestions, or the like regarding the content of any Patients-Care.com document, the Website, or Patients-Care.com services or any other information ("User Feedback"), such information shall be deemed to be non-confidential and Compurx infotech shall have no obligation of any kind with respect to such information. Patients-Care shall be free to reproduce, use, disclose and distribute the information to others without limitation and shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever to the extent not prohibited by law.
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You acknowledge, consent and agree that Compurx infotech may access, preserve, and disclose User Feedback if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:
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comply with legal process;
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enforce the Agreement;
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respond to claims that any User Feedback violates the rights of third-parties;
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respond to your requests for customer service; or
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protect the rights, property, or personal safety of Patients-Care, its users and the public.
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You agree, and undertake and confirm that your use of the Website shall be strictly governed by the following binding principles:
You are solely responsible for Your Content, and we act only as a passive conduit for your online distribution and publication of Your Content.
Your Content (or any items or Services listed):
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shall not be false, inaccurate or misleading;
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shall not be fraudulent or infringe any third party’s intellectual property, trade secret or other proprietary rights of rights of publicity or privacy;
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shall not directly or indirectly, offer, attempt to offer, trade or attempt to provide any health care services or attempt to trade in any human organ, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force;
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shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
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shall not be obscene or contain pornography or contain and “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
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shall not contain any viruses, Trojan horses, worms, time bombs, cancel bots, Easter eggs or other computer programming routines that may damage detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
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In any manner which could damage, disable, overload, flood, mailbomb, crash or impair the website or interfere with any other party’s use and/or enjoyment of the website. In particular, you will not post or transmit to or from the website any unlawful, harassing, threatening, libelous, defamatory, tortuous, obscene, hateful, scandalous, inflammatory, pornographic or profane material, or any other material that could give rise to any civil or criminal liability under the law;
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shall not create liability for us or cause us to loss (in whole or in part) the services of our ISPs or other suppliers.
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You shall not link directly or indirectly to or include description of items, goods or serves that are prohibited under the User Agreement or any other applicable law for the time being in force including but not limited to the Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act of 1994 (law prohibits Indian doctors from carrying out fetus sex-determination tests), Drugs and Cosmetics Act, 1940, the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, the Indian Penal Code, 1860.
23.5 You agree that you are responsible for your own conduct and any Content that you create, transmit or display while using Patients-Care services and for any consequences thereof. You agree to use Patients-Care services only for purposes that are legal, proper and in accordance with the Terms and any applicable policies or guidelines. You agree that you will not engage in any activity that interferes with or disrupts Patients-Care services or servers or networks connected to Patients-Care services. To report any activity or content that may violate the Terms, please go to ../
23.6 In addition to this agreement, your use of some specific Patients-Care services is governed by the policies or guidelines specific to those services and which are specifically incorporated into this agreement or which may be notified to you from time to time on this Website.
23.7 Users outside of India agree to comply with their own local rules regarding online conduct and acceptable content, including laws regulating the export of data to and from India or your country of residence.
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Your rights
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Patients-Care claims no ownership or control over any of Your Content submitted, posted or displayed by you on or through Patients-Care services. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any content you submit, post or display on or through Patients-Care services and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying content on or through Patients-Care services which are intended to be available to the members of the public (including blogs, message boards, Ask Our Expert postings, etc.), you grant Patients-Care a worldwide, non-exclusive, royalty-free license to reproduce, adapt, modify, publish and distribute such content on Patients-Care services for the purpose of displaying, distributing and promoting Patients-Care services. Patients-Care furthermore reserves the right to refuse to accept, post, display or transmit any content in its sole discretion.
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You may only post or distribute content that you created or which you have been given permission to post by the owner of such content on Patients-Care.com. You may not post or distribute content that is illegal or that violates the terms of this Agreement. By posting or submitting content to Patients-Care.com, you represent and warrant that
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you own all rights to this content or are authorized to use and distribute this content on Patients-Care.com; and
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this content does not and will not infringe any copyright or any other third party right nor violate any applicable law or regulation.
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No compensation will be paid with respect to the use of your content, as provided herein. Compurx infotech is under no obligation to post or use any content you may provide and may remove any content at any time in Compurx infotech’s sole discretion.
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Monitoring
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You acknowledge that Patients-Care or its designee’s reserves the right to, and may (from time to time) monitor any and all activity or information transmitted or received through this Website. Patients-Care, in its sole discretion and without further notice to You, may (but is not obligated to) review, censor or prohibit any activity or the transmission or receipt of any Content which Compurx infotech deems inappropriate or that violates any term or condition of this Agreement. During monitoring, information may be examined, recorded, copied, and used for authorized purposes. Use of this Website, authorized or unauthorized, constitutes consent to such monitoring. Unauthorized uses and unauthorized users of this Website will be prosecuted to the full extent of the law.
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Links to other Sites, Content, Products and Services.
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Patients-Care may provide links, in its sole discretion, to other websites on the World Wide Web and access to content, products and services of third parties, including without limitation, Compurx infotech’s affiliates and strategic partners and other entities which our connection consists of only a hyperlink (“Linked Sites”), only for the convenience of users in locating health, and health care-related products, information and services. You should refer to the separate terms of use, privacy policies, and other rules posted on Linked Sites before you use them. These Linked Sites have not been authored, edited or reviewed by Patients-Care and are maintained by third parties over which Patients-Care exercise no control, and accordingly Patients-Care expressly disclaims any responsibility for the content, the accuracy of the information, and/or quality of products or services provided by or advertised on any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site or compliant with copyright or other intellectual property laws. Moreover, these links do not imply, directly or indirectly, endorsement by or affiliation with any third party or any web site, products, or services provided by any third party. Further, Compurx infotech reserves the right to terminate any link or linking program at any time. You further acknowledge and agree that Compurx infotech shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance of any information, goods or services available on or through any such site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. You bear all risk associated with the use of such Linked Sites, third party services, and your correspondence or business dealings with advertisers found on those sites. All opinions expressed on third party websites are not those of Compurx infotech, and Compurx infotech does not endorse the contents of such third party websites in any way. Compurx infotech is not responsible for web casting or any other form of transmission received from any linked website. Any reliance on the contents of a third party website is at your own risk and you assume all responsibilities and consequences resulting from such reliance. If You decide to access any of the third party sites linked to this Website, you do this entirely at your own risk. Links do not imply that Patients-Care or this Website is legally authorized to use any trademark, trade name, logo or copyright symbol display in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, service marks, logo or copyright symbol of Patients-Care or of any of Patients-Care’s affiliates or subsidiaries. In addition, you may not provide links to the Website without the prior written permission of Compurx infotech.
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Advertisers on the Website
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Some Patients-Care services are supported by advertising revenue and may display advertisements and promotions on the service. Such advertisements may be targeted to the content of information stored on the Patients-Care services, queries made through Patients-Care services or other information. Patients-Care, it its sole discretion, may post the advertisements of third parties on this Website. You may enter into correspondence with or participate in promotions of advertisers promoting their products or services on this Website (“Advertisers”). You acknowledge and agree that any such correspondence or dealings with advertisers found on this Website, including the delivery of and the payment for goods and services, any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between You and such advertiser. Before you purchase any products or services through any such third party web site, we urge you to carefully review any such third party's privacy, security, return and guarantee policies. You agree that Patients-Care shall not be liable or responsible for any loss or damage of any sort incurred as a result of the presence of such advertisers on this Website. Moreover, Patients-Care shall not be responsible or liable for the statements or conduct of any third party on this Website, including but not limited to the advertisers.
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You agree that Compurx infotech will not be liable with respect to any product, service, or information obtained through the Website. Except as expressly provided in any product guarantee and return policy provided by us, you hereby release Compurx infotech (and its affiliates, subsidiaries, and their respective officers, directors, agents, and employees) from any loss, claims or damages (including without limitation any direct, indirect, consequential, incidental, punitive, special or exemplary damages), whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that arise from or relate to any dissatisfaction you may have with any product, services or information obtained through the Website.
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Third Party Content
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Certain materials from Third Party Health Care Providers including but not limited to health care information, product reviews, news, data research, analysis, and opinions, may be made available as part of the Website or through links from the Website. As a general matter, the Third Party Health Care Providers have represented to Patients-Care that they obtained such information from sources believed by them to be reliable. Patients-Care makes no representation with respect to, nor does it guarantee or endorse the accuracy, completeness, timeliness, reliability, or correct sequencing of, such Third Party Health care Provider content. Likewise, Patients-Care does not endorse, oppose, or edit any opinion or analysis expressed by a Third Party Health Care Provider. Patients-Care expressly disclaims responsibility for Third Party Health Care Provider provided materials.
Compurx infotech has done its due
diligence as is required within the parameters of section 79 of the information
technology act, 2000 pertaining to third party information or data made
available by it on its service. The healthcare provider hereby specifically
agree that compurx infotech purely goes on the representations, data and
information made by the health care provider and that compurx infotech has no
knowledge of any contravention of any law pertaining to the said
representations, data and information so provided by the health care provider.
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. Transactions with Third Parties
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This Website allows you to purchase products and services directly from third party health care providers through links on the Website. Patients-Care is not a party to any transaction between you and any Third Party health care provider. By using the Website, you acknowledge and agree that Patients-Care and its affiliates shall have no liability for any cost, damage or harm arising directly or indirectly from
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any products or services ordered through the Website (including, without limitation, deliver (or failure to deliver), quality, performance, compatibility, and suitability for a particular purpose), and
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any action or inaction of any Third Party Vendor. Patients-Care makes no warranties or representations whatsoever, regarding any product or services provided or offered by any Third Party Vendor and you acknowledge that any reliance on representations and warranties provided by any Third Party Vendor shall be at your own risk.
Patients-care expressly disclaims all
representations and warranties regarding separate agreements you may make with
third party health care providers and third party vendors and the goods or
services you obtain from them and you agree to look solely to such third party
health care providers and third party vendors for any and all claims arising out
of such agreements and/ or regarding goods and/or medical care or other services
provided by such parties. You shall independently agree upon the manner and
terms and conditions of delivery, payment, and provision of goods and services,
etc with the other registered users that you transact with..
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Indemnity
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You agree to defend, indemnify, and hold harmless Compurx infotech and its affiliates, You agree to hold harmless and indemnify Patients-Care, Compurx infotech, and its subsidiaries, affiliates, and all of their respective employees, agents, directors, officers, employees, agents, directors, representatives, shareholders, servants, attorneys, predecessors, successors, advertisers, licensors, suppliers or partners, and assigns (collectively "Patients-Care and Partners") from and against any and all third party claims, proceedings, damages, injuries, liabilities, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs, and expenses (including reasonable attorneys’ fees and litigation expenses) of every kind and nature, arising from or in any way related to your use of Patients-Care services, violation of the Terms or any other actions connected with use of Patients-Care services or any arrangements you make based on information obtained at the Website, any products or services obtained through the Website.
In such a case, Patients-Care will provide you with written notice of such claim, suit or action.
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Disclaimer Of
Warranties
-
You expressly
agree understand and agree that your use of patients-care services is at your
sole risk. The information, software, products, and services included in or
available through the website may include inaccuracies or typographical errors.
Changes are periodically added to the information herein. Patients-care and/or
its suppliers may make improvements and/or changes in the website at any time.
Advice received via the website should not be relied upon for personal, medical,
legal or financial decisions and you should consult an appropriate professional
for specific advice tailored to your situation. This web site does not provide
medical advice or diagnosis. We are not healthcare professionals or providers.
Patients-care and its partners make no warranties or representations, express or
implied, about the suitability, reliability, availability, timeliness, and
accuracy of the information, software, products, services and related graphics
contained on the website for any purpose. To the maximum extent permitted by
applicable law, all such information, software, products, services and related
graphics are provided on "as is" and “as available” basis without warranty or
condition of any kind. Patients-care and/or its suppliers hereby disclaim all
warranties and conditions with regard to this information, software, products,
services and related graphics, including all implied warranties or conditions of
merchantability, fitness for a particular purpose, title and non-infringement.
Patients-care and partners do not warrant that
-
Patients-care
services will meet your requirements
,
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Patients-care
services will be uninterrupted, timely, secure, or error-free,
-
The results
that may be obtained from the use of patients-care services will be accurate or
reliable
,
-
The quality of any products, services, information, or other material purchased or obtained by you through patients-care services will meet your expectations, and
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Any errors in the software will be corrected.
Patients-care and its partners do not make any representation or warranty as to the attributes (such as qualification, experience, merchantability, quality, etc.) Of the goods or services offered by any other registered users/health care service providers. You are advised to independently verify the bona fides of any particular user that you choose to deal with on the website and use your best judgment in that behalf.
You expressly agree that any use of this website, including all content, data or software distributed by, downloaded, accessed, or obtained from or through the use of patients-care services or the website, is done at your own discretion and at your sole risk. You understand that you will be solely responsible for any damage to your business, your computer system or other device or loss of data that results from the download or such content, data and/or software.
No advice or information, whether oral or written, obtained by you from patients-care or through or from patients-care services shall create any warranty not expressly stated in the terms
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Liability Disclaimer
-
Use of the website is entirely at your own risk. Neither compurx infotech nor its affiliates is responsible for the consequences of or reliance on any information contained in or submitted to the website, or products or services obtained through the website, and the risk of injury from the foregoing rests entirely with you.
All content available through the website, including but not limited to data, configurations, quote and order information, and catalog listings is believed to be accurate. However, you should independently evaluate the accuracy of the information and the usefulness for your particular needs of any content, product or service available through the website. Specifications for products and services are subject to change without notice, and patients-care reserves the right to make changes without notice to processing or materials. Patients-care does not guarantee that products or services listed in its online catalog will be available at the time of your order.
You expressly understand and agree that patients-care and partners shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if patients-care or partners have been advised of the possibility of such damages) resulting from:
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The use or the inability to use patients-care services;
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The cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from patients-care services;
-
Unauthorized access to or alteration of your transmissions or data;
-
Statements or conduct of any third party on patients-care services; or
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Any other matter relating to patients-care services.
To the maximum extent permitted by applicable law, in no event shall patients-care and/or its partners be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the compurx infotech website, with the delay or inability to use the website or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise, even if compurx infotech or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the website, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the website
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Exclusions and limitations.
-
Nothing in this agreement is intended to exclude or limit any condition, warranty, right or liability, which may not be lawfully, excluded or limited. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the above limitations that are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law.
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Liability of Patients-Care and its licensors
-
When using the Patients-Care Website, information will be transmitted over a medium that may be beyond the control and jurisdiction of Patients-Care and its suppliers. Accordingly, Patients-Care 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 Patients-Care Website.
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Patients-Care, its licensors, and its suppliers make no representations or warranties about the following:
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The accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the Patients-Care Website or Patients-Care.
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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 Patients-Care Website.
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In no event shall Patients-Care, its licensors, its suppliers, or any third parties mentioned on the Patients-Care Website 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 Patients-Care Website or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Patients-Care, its licensors, its suppliers, or any third parties mentioned on the Patients-Care Website are advised of the possibility of such damages. Patients-Care, its licensors, its suppliers, or any third parties mentioned on the Patients-Care Website are not liable for any personal injury, including death, caused by your use or misuse of the Website, Content, or Public Areas.
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Patients-Care is not responsible for any non-performance or breach of any contract entered into between the Users. Patients-Care cannot and does not guarantee that the concerned Users will perform any transaction concluded on the Website. Patients-Care shall not and is not required to mediate or resolve any dispute or disagreement between users.
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Patients-Care does not make any representation or warranty as to the attributes (such as creditworthiness, professional competence, qualification, identity, etc.) of any of its Users. You are advised to independently verify the bona fides of any particular User that you choose to deal with on the Website and use your best judgment in that behalf.
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. Security of Website
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Actual or attempted unauthorized use of the Website may result in criminal and/or civil prosecution. For your protection, Patients-Care reserves the right to view, monitor, and record activity on the Website without notice or permission from you. Any information obtained by monitoring, reviewing or recording may be subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal activity on the Website. Patients-Care will also comply with all court orders involving requests for such information.
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Events Beyond Patients-Care’s Control
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Patients-Care and its affiliates will not be liable for any loss resulting from a cause over which they do not have direct control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labour problems, wars, or governmental restrictions.
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Changes in Service
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While Patients-Care endeavors to provide the most accurate, up-to-date information available, the Databases and materials on the Website may contain technical inaccuracies or typographical errors, and may be changed or updated without notice; Patients-Care will not be liable or responsible for any such inaccuracies, errors, changes, or updates. Patients-Care also reserves the right to change and/or discontinue its currently provided services at any time, for any reason.
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Children’s Privacy
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We are committed to protecting the privacy of children. You should be aware that this Website 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.
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Patients-Care Services
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If you choose to use one of Patients-Care's services, like the Appointment Book or subscription to Patients-Care Diabetes Response Service, the following additional terms and conditions will apply depending on which service you choose. You should be aware that the Patients-Care Subscription Services are not intended or designed to attract children under the age of 18. These services do not collect any Personally Identifiable Information from any person we know to be a child under the age of 18.
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Fees
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Membership on the Website is free. Patients-Care does not charge any fee for browsing on the Website. However, Patients-Care reserves the right to change its Fee policies from time to time. In particular, Patients-Care may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an even Patients-Care reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services and existing Users, as the case may be. Changes to the Fee policies shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website.
Unless otherwise stated, all fees shall be quoted in Indian Rupees.
Taxes: You are responsible for paying all fees associated with the use of the Website and you agree to bear any and all applicable taxes, charges, cesses, etc., levied thereon.
Non-payment: Patients-Care reserves the right to issue a warning, temporarily/indefinitely suspend or terminate your membership of the Website and refuse to provide you with access to the Website in case of non-payment of fees by you to Patients-Care. Patients-Care also reserves the right to take legal action in case of non-payment of fees by you to Patients-Care.
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Charges and billing
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Payments for products or services purchased through this Website can be paid through the electronic and online payment facility using the current Indian banking and credit card infrastructure. You are responsible for providing a valid credit card number at the time you register for a Subscription Service. You represent and warrant that you are an authorized user of such credit card, and you agree to pay all charges resulting from your Subscription Service account at the prices then in effect, including any unauthorized charges incurred prior to your notifying Patients-Care of such charges. You agree that Patients-Care may pass your credit card information and related personally identifiable information to its designated service provider(s) for their use in charging you for appropriate services utilized through your Subscription Service. All Subscription Service charges are exclusive of sales or other taxes and you are responsible for payment of any applicable state, local and city taxes. Patients-Care reserves the right to modify or terminate membership plans, change prices, or institute new charges for any Subscription Service at any time with at least thirty (30) days' notice.
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General practices regarding use and storage
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You agree that Patients-Care has no responsibility or liability for the deletion or failure to store any Content and other communications maintained or transmitted by Patients-Care services. You acknowledge that Patients-Care may have set no fixed upper limit on the number of transmissions you may send or receive through Patients-Care services or the amount of storage space used; however, we retain the right, at our sole discretion, to create limits at any time with or without notice.
Upon the termination of your use of Patients-Care services, including upon receipt of a certificate or other legal document confirming your death, Patients-Care will close your account and you will no longer be able to retrieve content contained in that account
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Personal non-commercial use
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You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of Patients-Care services, use of Patients-Care services, or access to Patients-Care services except as otherwise expressly provided in the Terms or as specifically authorized in a separate written agreement.
Patients-Care authorizes you to view or download a single copy of the material on the Patients-Care Website solely for your personal, noncommercial use if you include the following copyright notice: "Copyright © 2023, Patients-Care. 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 Patients-Care Website may be included elsewhere within the Website and are incorporated into these Terms and Conditions by reference.
The Content is protected by copyright under both Indian and foreign laws. Title to the Content remains with Patients-Care 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 Patients-Care. All rights not expressly granted herein are reserved to Patients-Care 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.
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Termination
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This Agreement will take effect at the time you enter and begin using the Website. Patients-Care reserves the right at any time to deny you access to the Website or any portion thereof, and to terminate this Agreement. You may discontinue your use of Patients-Care services at any time. You agree that Patients-Care may at any time and for any reason, including a period of account inactivity, terminate your access to Patients-Care services, terminate the Terms, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to Patients-Care services, your account or any files or other content contained in your account. Sections on Termination, Indemnity, Disclaimer of Warranties, Limitations of Liability, Exclusions and Limitations, and including choice of law, severability and statute of limitations of the Terms, shall survive expiration or termination.
VIOLATIONS OF THIS AGREEMENT.
In the event you violate or attempt to violate any part of this Agreement, Compurx infotech reserves the right to terminate your access to this Website immediately, in its sole discretion, with or without notice of any kind. Compurx infotech also reserves the right to involve and cooperate with law enforcement agencies, and to pursue a civil lawsuit or criminal prosecution for any and all alleged or actual illegal activities involving this Website.
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Modification
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Patients-Care reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, Patients-Care services (or any part thereof) with or without notice. You agree that Patients-Care shall not be liable to you or to any third party for any modification, suspension or discontinuance of Patients-Care services.
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No third party beneficiaries
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You agree that, except as otherwise expressly provided in the Terms, there shall be no third party beneficiaries to the Terms.
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Notice
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You agree that Patients-Care may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on Patients-Care services.
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48. General Information
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Assignment. You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder. Compurx infotech may assign this Agreement to any purchaser of all or substantially all of its assets or business to which this Agreement relates. Additional Terms. Additional and/or different terms and conditions may apply to purchases of Compurx infotech’s services offered through the Website. If applicable, you agree to abide by such other terms and conditions. Entire Agreement. The Terms (including any policies, guidelines or amendments that may be presented to your form time to time such as Program Policies and Legal Notices) constitute the entire agreement between you and Patients-Care and govern your use of Patients-Care services, superceding any prior agreements between you and Patients-Care for the use of Patients-Care services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Patients-Care services, affiliate services, third-party content or third-party software.
Arbitration: If any dispute arise between You and Patients-Care during your use of the Website or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement or any attachments thereto, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by Patients-Care. The place of arbitration shall be DELHI,(India). The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.
Governing Law and Forum. The Terms and the relationship between you and Patients-Care shall be governed by the laws of India and other state laws of DELHI without regard to its conflict of law provisions. You and Patients-Care agree to submit to the personal and exclusive jurisdiction of the courts located within the District of DELHI, INDIA.
Waiver and Severability of Terms. The failure of Patients-Care to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Patients-Care services or the Terms must be filed within one
(1) year after such claim or cause of action arose or be forever barred.
Headings: The section headings in the Terms are for convenience only and have no legal or contractual effect.
Survival: If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, 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 the agreement shall continue in effect.
Miscellaneous: Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Compurx infotech & Patients-Care as a result of this agreement or use of the Website. Compurx infotech’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Compurx infotech’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by Compurx infotech or Patients-Care with respect to such use. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents are drawn up in English.
You represent that you have read this Agreement, understand its terms, and agree and intend to be legally bound by it. You acknowledge that, in providing you access to and use the Website, Patients-Care has relied on your agreement to be bound by the terms of this Agreement.
By accessing this web site or using any service provided herein you affirm that you have read this entire agreement and agree to all its terms and conditions. If you do not agree to all of the terms and conditions set herein above in this agreement, please exit this website.
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