NV HEALTHCARE PVT LTD is the author and publisher of the internet resource www.mediline.live. Mediline.live owns and operates the services provided through the Website.
1.NATURE AND APPLICABILITY OF TERMS:
The Agreement applies to you whether you are -
i. A medical practitioner or health care provider (whether an individual professional or an organization) or similar institution wishing to be listed, or already listed, on the Website, including designated, authorized associates of such practitioners or institutions ("Practitioner(s)", "you" or “User”); or
ii. A patient, his/her representatives or affiliates, opting for services through the Website ("End-User", "you" or "User"); or
iii. Otherwise a user of the Website ("you" or "User").This Agreement applies to those services made available by MEDILINE.LIVE on the Website,in the name of mediline.live which are offered to the Users (“Services”), including the following:
iv. For Practitioners: doctors giving home visit services ,healthcare workers all the medical and paramedical staff
v. For other Users: Facility to (i) create and maintain medical record, (ii)to make appointments to diagnostic centers (iii) to make appointments for home visit (iv).Search for health care products.
The Services may change from time to time, at the sole discretion of MEDILINE.LIVE, and the Agreement will apply to your visit to and your use of the Website to avail the Service, as well as to all information provided by you on the Website at any given point in time.
This Agreement defines the terms and conditions under which you are allowed to use the Website and describes the manner in which we shall treat your account while you are registered as a member with us. If you have any questions about any part of the Agreement, feel free to contact us at firstname.lastname@example.org
We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time, and such modifications shall be informed to you in writing You should read the Agreement at regular intervals. Your use of the Website following any such modification constitutes your agreement to follow and be bound by the Agreement so modified.
You acknowledge that you will be bound by this Agreement for availing any of the Services offered by us. If you do not agree with any part of the Agreement, please do not use the Website or avail any Services.
Your access to use of the Website and the Services will be solely at the discretion of mediline.live
The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:
vi. The Indian Contract Act, 1872,
vii. The (Indian) Information Technology Act, 2000, and
viii. The rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the "SPI Rules"), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the "IG Rules").
2. CONDITIONS OF USE You must be 18 years of age or older to register, use the Services, or visit or use the Website in any manner. By registering, visiting and using the Website or accepting this Agreement, you represent and warrant to MEDILINE.LIVE that you are 18 years of age or older, and that you have the right, authority and capacity to use the Website and the Services available through the Website, and agree to and abide by this Agreement.
The terms in this Clause 3 are applicable only to Users other than Practitioners.
3.1 END-USER ACCOUNT AND DATA PRIVACY
3.1.2 MEDLINE.LIVE may by its Services, collect information relating to the devices through which you access the Website, and anonymous data of your usage. The collected information will be used only for improving the quality of MEDILINE.LIVE’s services and to build new services.
i. The type of information collected from Users, including sensitive personal data or information;
ii. The purpose, means and modes of usage of such information;
iii. How and to whom MEDILINE.LIVE will disclose such information; and, iv. Other information mandated by the SPI Rules.
i. the fact that certain information is being collected;
ii. the purpose for which the information is being collected;
iii. the intended recipients of the information;
iv. the nature of collection and retention of the information; and
v. the name and address of the agency that is collecting the information and the agency that will retain the information; and
vi. the various rights available to such Users in respect of such information.
3.1.6 MEDILINE.LIVE shall not be responsible in any manner for the
authenticity of the personal information or sensitive personal data or information supplied by the User to MEDILINE.LIVE or to any other person acting on behalf of MEDILINE.LIVE.
3.1.7 The User is responsible for maintaining the confidentiality of the User’s account access information and password, if the User is registered on the Website. The User shall be responsible for all usage of the User’s account and password, whether or not authorized by the User. The User shall immediately notify mediline.live of any actual or suspected unauthorized use of the User’s account or password. Although mediline.live will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of mediline.live or such other parties as the case may be, due to any unauthorized use of your account.
3.1.8If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or MEDILINE.LIVE has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, MEDILINE.LIVE has the right to discontinue the Services to the User at its sole discretion.
3.1.9 MEDILINE.LIVE may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.
3.2 LISTING CONTENT AND DISSEMINATING INFORMATION
3.3.1 The Services provided by mediline.live or any of its licensors or service providers are provided on an "as is" and “as available’ basis, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). Mediline.live does not provide or make any representation, warranty or guarantee, express or implied about the Website or the Services. Mediline.live does not guarantee the accuracy or completeness of any content or information provided by Users on the Website. To the fullest extent permitted by law, mediline.live disclaims all liability arising out of the User’s use or reliance upon the Website, the Services, representations and warranties made by other Users, the content or information provided by the Users on the Website, or any opinion or suggestion given or expressed by mediline.live or any User in relation to any User or services provided by such User.
3.3.2 The Website may be linked to the website of third parties, affiliates and business partners. Mediline.live has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through our Website. Inclusion of any link on the Website does not imply that mediline.live endorses the linked site. User may use the links and these services at User’s own risk.
3.3.3 Mediline.live assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If a User is dissatisfied with the Website, User’s sole remedy is to discontinue using the Website.
3.3.4 If mediline.live determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, mediline.live reserves the right to immediately suspend your access to the Website or any of your accounts with mediline.live for the protection of its business and in the interests of Users. You shall be liable to indemnify mediline.live for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected mediline.live or its Users.
3.4 BOOK APPOINTMENT AND CALL FACILITY
Mediline.live enables Users to connect with healthcare products through two methods: a) Book facility that allows Users book an appointment through the Website; b) Value added telephonic services which connect Users directly to the mediline.live ’s number provided on the Website.
3.4.1 Mediline.live will ensure Users are provided confirmed appointment on the Book facility. However, mediline.live has no liability if such an appointment is later cancelled by the healthcare workers, or the same healthcare worker is not available for appointment. Provided, it does not fall under the heads listed under the mediline.live Guarantee Program, in which case the terms of this program shall apply.
3.4.3 The results of any search Users perform on the Website for healthcare providers should not be construed as an endorsement by mediline.live of any such particular healthcare providers. If the User decides to engage with a healthcare providers to seek medical services, the User shall be doing so at his/her own risk.
3.4.4 Without prejudice to the generality of the above , mediline.live is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any interactions between User and the healthcare providers. User understands and agrees that mediline.live will not be liable for:
i. User interactions and associated issues User has with the healthcare providers;
ii. the ability or intent of the healthcare providers(s) or the lack of it, in fulfilling their obligations towards Users;
iii. any wrong medication or quality of treatment being given by the healthcare provider(s), or any medical negligence on part of the healthcare providers(s);
iv. inappropriate treatment, or similar difficulties or any type of inconvenience suffered by the User due to a failure on the part of the healthcare providers to provide agreed Services;
v. any misconduct or inappropriate behaviour by the healthcare providers or the healthcare provider’s staff;
vi. cancellation or no show by the healthcare providers or rescheduling of booked appointment or any variation in the fees charged, provided these have been addressed to under, mediline.live Guarantee Program.
3.4.5 Users are allowed to provide feedback about their experiences with the healthcare providers, however, the User shall ensure that, the same is provided in accordance with applicable law. User however understands that,mediline.live shall not be obliged to act in such manner as may be required to give effect to the content of Users feedback, such as suggestions for delisting of a particular healthcare providers from the Website.
3.4.6 In case of a ‘Patient-No-Show (P.N.S)’ (defined below), where the User does not show-up at the scheduled time;
i. User’s account will be temporarily disabled from booking further online appointments on mediline.live for next seven (7) days, in case of, three(3) Valid PNS, as per the Patient-No-Show Policy. However, the User can continue to call the phone no. provided on the website to get an appointment.
ii. Patient- No-Show (P.N.S) for the purposes of these Terms and Conditions, is defined as, any instance where a User, who booked an appointment on the Website using the Book Appointment facility , has not turned up for the appointment without cancelling, rescheduling, or informing the healthcare providers in advance about the same. When healthcare providers informs mediline.live of the incident or marks a particular appointment as P.N.S. using the MEDLINE.LIVE Ray software or MEDLINE.LIVE Pro App within two (2) hours of the scheduled appointment, an email and SMS (“PNS Communication”) will be sent to the User to confirm on the incident with reasons. Where the User is not able to establish that the User had a legitimate reason as per Clause 3.4.6(c), for not showing up, mediline.live shall be entitled to take actions as under Clause 3.4.6 (a). However Users understand that, actions such as ones mentioned under Clause 3.4.6(a) are included as a deterrent to stop Users from misusing the Website, and the loss of business hours incurred by the healthcare providers.
iii. Following instances, solely at the discretion of mediline.live, would be construed as valid cases of PNS (“Valid PNS”), in which case the User shall be penalized as per Clause 3.4.6 (a):
a. User does not reply within three (3) days, with reasons to PNS Communication, from the date of receipt of such PNS Communication;
b. In case User responds to the PNS Communication with below reasons:
a. Forgot the appointment
b. Chose to visit another Practitioner/consultant ;
c. Busy with other work; or such other reasons (which MEDILINE.LIVE at its discretion decides to be a valid reason to not show up).
c. Where the User has booked a paid appointment and is unable to attend healthcare providers, due to such genuine reasons at the sole discretion of MEDILINE.LIVE, pursuant to conducting of investigation, the User shall be provided with a refund of such payment made by User, at the time of booking. However, where cancellation charges have been levied, you would not be entitled to complete refund.
iv. Mediline.live reserves the right to make the final decision in case of a conflict. The total aggregate liability of mediline.live with respect to any claims made herein shall be INR 200.
3.4.7 Cancellation and Refund Policy
i. In the event that, the healthcare providers with whom User has booked a paid appointment via the Website, has not been able to meet the User, User will need to write to us at support@MEDLINE.LIVE.com within one (1) days from the occurrence of such event; in which case, the entire consultation amount as mentioned on the Website will be refunded to the User within the next five (5) to six (6) business days in the original mode of payment done by the User while booking. In case where the User, does not show up for the appointment booked with a healthcare providers, without cancelling the appointment beforehand, the amount will not be refunded, and treated as under Clause 3.4.6. However, where cancellation charges have been levied , you would not be entitled to complete refund even if you have cancelled beforehand.
ii. Users will not be entitled for any refunds in cases where, the healthcare providers is unable to meet the User at the exact time of the scheduled appointment time and the User is required to wait, irrespective of the fact whether the User is required to wait or choose to not obtain the medical services from the said healthcare workers.
3.5 NO DOCTOR-PATIENT RELATIONSHIP; NOT FOR EMERGENCY USE
3.5.1Please note that some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that may be available on the Website (including information provided in direct response to your questions or postings) may be provided by individuals in the medical profession. The provision of such Information does not create a licensed medical professional/patient relationship, between mediline.live and you and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is only provided to assist you with locating appropriate medical care from a qualified practitioner.
3.5.2 It is hereby expressly clarified that, the Information that you obtain or receive from mediline.live, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Website is for informational purposes only. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise or other information provided on the Website. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on such information.
3.6.CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS
3.6.1 The contents listed on the Website are (i) User generated content, or (ii) belong to MEDLINE.LIVE. The information that is collected by MEDLINE.LIVE directly or indirectly from the End- Users and the healthcare providers shall belong to MEDLINE.LIVE. Copying of the copyrighted content published by MEDLINE.LIVE on the Website for any commercial purpose or for the purpose of earning profit will be a violation of copyright and MEDLINE.LIVE reserves its rights under applicable law accordingly.
3.6.2 MEDLINE.LIVE authorizes the User to view and access the content available on or from the Website solely for ordering, receiving, delivering and communicating only as per this Agreement. The contents of the Website, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Website (collectively, "MEDLINE.LIVE Content"), are the property of MEDLINE.LIVE and are protected under copyright, trademark and other laws. User shall not modify the MEDLINE.LIVE Content or reproduce, display, publicly perform, distribute, or otherwise use the MEDLINE.LIVE Content in any way for any public or commercial purpose or for personal gain.
3.6.3 User shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
3.7 REVIEWS AND FEEDBACK
You are solely responsible for the content that you choose to submit for publication on the Website, including any feedback, ratings, or reviews (“Critical Content”) relating to other healthcare professionals. The role of MEDLINE.LIVE in publishing Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. MEDLINE.LIVE disclaims all responsibility with respect to the content of Critical Content, and its role with respect to such content is restricted to its obligations as an ‘intermediary’ under the said Act. MEDLINE.LIVE shall not be liable to pay any consideration to any User for re-publishing any content across any of its platforms.
Your publication of reviews and feedback on the Website is governed by Clause 5 of these Terms. Without prejudice to the detailed terms stated in Clause 5, you hereby agree not to post or publish any content on the Website that (a) infringes any third-party intellectual property or publicity or privacy rights, or (b) violates any applicable law or regulation, including but not limited to the IG Rules and SPI Rules. MEDLINE.LIVE, at its sole discretion, may choose not to publish your reviews and feedback, if so required by applicable law, and in accordance with Clause 5 of these Terms. You agree that MEDLINE.LIVE may contact you through telephone, email, SMS, or any other electronic means of communication for the purpose of:
. Obtaining feedback in relation to Website or MEDLINE.LIVE services; and/or
i. Obtaining feedback in relation to any healthcare providers; and/or
ii. Resolving any complaints, information, or queries by healthcare providers regarding your Critical Content;
and you agree to provide your fullest co-operation further to such communication by MEDLINE.LIVE.
MEDLINE.LIVE may provide End-Users with a free facility known as ‘Records’ on its website MEDLINE.LIVE’. Information available in your Records is of two types:
. User-created: Information uploaded by you or information generated during your interaction with MEDLINE.LIVE ecosystem, eg: appointment, medicine order placed by you.
i. Practice-created: Health Records generated by your interaction with doctors who uses Services of MEDLINE.LIVE software.
3.8.1 Your Records is only created after you have signed up and explicitly accepted these Terms.
3.8.2 Any Practice created Health Record is provided on an as-is basis at the sole intent, risk and responsibility of the doctor and MEDLINE.LIVE does not validate the said information and makes no representation in connection therewith. You should contact the relevant doctor in case you wish to point out any discrepancies or add, delete, or modify the Health Record in any manner.
3.8.3 The Health Records are provided on an as-is basis. While we strive to maintain the highest levels of service availability, MEDLINE.LIVE is not liable for any interruption that may be caused to your access of the Services.
3.8.4 The reminder provided by the Records is only a supplementary way of reminding you to perform your activities as prescribed by your doctor. In the event of any medicine reminders provided by MEDLINE.LIVE, you should refer to your prescription before taking any medicines. MEDLINE.LIVE is not liable if for any reason reminders are not delivered to you or are delivered late or delivered incorrectly, despite its best efforts. In case you do not wish to receive the reminders, you can switch it off through provided link.
3.8.5 It is your responsibility to keep your correct mobile number and email ID updated in the Records. The Health Records will be sent to the Records associated with this mobile number and/or email ID. Every time you change any contact information (mobile or email), we will send a confirmation. MEDLINE.LIVE is not responsible for any loss or inconvenience caused due to your failure in updating the contact details with MEDLINE.LIVE.
3.8.6 MEDLINE.LIVE uses industry–level security and encryption to your Health Records. However, MEDLINE.LIVE does not guarantee to prevent unauthorized access if you lose your login credentials or they are otherwise compromised. In the event you are aware of any unauthorized use or access, you shall immediately inform MEDLINE.LIVE of such unauthorized use or access. Please safeguard your login credentials and report any actual suspected breach of account to support@MEDLINE.LIVE.com.
3.8.7 If you access your dependents’ Health Records by registering your dependents with your own Records, you are deemed to be responsible for the Health Records of your dependents and all obligations that your dependents would have had, had they maintained their own separate individual Records. You agree that it shall be your sole responsibility to obtain prior consent of your dependent and shall have right to share, upload and publish any sensitive personal information of your dependent. MEDLINE.LIVE assumes no responsibility for any claim, dispute or liability arising in this regard, and you shall indemnify MEDLINE.LIVE and its officers against any such claim or liability arising out of unauthorized use of such information.
3.8.8 In case you want to delete your Records, you can do so by contacting our service support team. However only your account and any associated Health Records will be deleted
3.8.9 You may lose your “User created” record, if the data is not synced with the server.
3.8.10 If the Health Record is unassessed for a stipulated time, you may not be able to access your Health Records due to security reasons.
3.8.11 MEDLINE.LIVE is not liable if for any reason, Health Records are not delivered to you or are delivered late despite its best efforts. 3.8.12 The Health Records are shared with the phone numbers that are provided by user. MEDLINE.LIVE is not responsible for adding the Heath Records with incorrect numbers if those incorrect numbers are provided by user.
3.8.13 MEDLINE.LIVE is not responsible or liable for any content, fact, Health Records, medical deduction or the language used in your Health Records whatsoever. User is solely responsible and liable for your Health Records and any information provided to us including but not limited to the content in them.
3.8.14 MEDLINE.LIVE has the ability in its sole discretion to retract Health Records without any prior notice if they are found to be shared incorrectly or inadvertently.
3.8.15 MEDLINE.LIVE will follow the law of land in case of any constitutional court or jurisdiction mandates to share the Health Records for any reason.
3.8.16 You agree and acknowledge that MEDLINE.LIVE may need to access the Health Record for cases such as any technical or operational issue of the End User in access or ownership of the Records.
3.8.17 You acknowledge that the healthcare providers visiting you may engage MEDLINE.LIVE software or third party software for the purposes of the functioning of MEDLINE.LIVE services including but not limited to the usage and for storage of Records (as defined in Section 3.10) in India and outside India, in accordance with the applicable laws.
3.8.18 To the extent that your Records have been shared with MEDLINE.LIVE or stored on any of the MEDLINE.LIVE products used by healthcare providers visiting user and may in the past have visited, You hereby agree to the storage of your Records by MEDLINE.LIVE pertaining to such previously visited clinics and hospitals who have tie ups with MEDLINE.LIVE for the purposes of their business and for MEDLINE.LIVE services including but not limited to the usage and for storage of Records (as defined in Section 3.10) in India and outside India, in accordance with the applicable laws and further agree, upon creation of your account with MEDLINE.LIVE, to the mapping of such Records as may be available in MEDLINE.LIVE database to your User account.
3.11 MEDLINE.LIVE MEDICINE INFORMATION
4.1 REVIEWS AND FEEDBACK DISPLAY RIGHTS OF MEDLINE.LIVE
4.1.1MEDLINE.LIVE reserves the right to collect feedback and comments for all the healthcare services but also reserve the right to delete any comment that is arrogatory, out of context or in way harm the reputation of company or healthcare providers.
4.2 INDEPENDENT SERVICES
Your use of each Service confers upon you only the rights and obligations relating to such Service, and not to any other service that may be provided by MEDLINE.LIVE.
4.3 MEDLINE.LIVE REACH RIGHTS
MEDLINE.LIVE reserves the rights to display sponsored ads on the Website. These ads would be marked as “Sponsored ads”. Without prejudice to the status of other content, MEDLINE.LIVE will not be liable for the accuracy of information or the claims made in the Sponsored ads. MEDLINE.LIVE does not encourage the Users to visit the Sponsored ads page or to avail any services from them. MEDLINE.LIVE will not be liable for the services of the providers of the Sponsored ads.
You represent and warrant that you will use these Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and MEDLINE.LIVE accepts no liability for the same.
4.4 MEDLINE.LIVE MEDICINE INFORMATION
4.5 BOOK APPOINTMENT AND CALL FACILITY
mediline.live provide online platform for booking an appointment for various diagnostic tests in various diagnostic centers .
4.5.1 we will not be responsible for any delay in taking the patient at the diagnostic center due to any reason..Having said this , we also commit smooth transaction throughout your appointment .we will try to make sure that it gose smoothly.
4.5.2 we will not be responsible if the user approaches late at the center leading to delaying of appointment .
4.5.3 this is online portal only for appointment for diagnostic centers .we will not be responsible for any errors in the reporting ,any mishap happening in the diagnostic center during the procedure.
4.6.4 in any circumstances any payment made to the mediline.live and if the transaction is complete , we will not refund the money.
5.RIGHTS AND OBLIGATIONS RELATING TO CONTENT
5.1 As mandated by Regulation 3(2) of the IG Rules, MEDLINE.LIVE hereby informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that: . belongs to another person and to which the User does not have any right to;
i. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; ii. harm minors in any way;
iii. infringes any patent, trademark, copyright or other proprietary rights; iv. violates any law for the time being in force;
v. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
vi. impersonate another person;
vii. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
viii. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
5.2 Users are also prohibited from:
. violating or attempting to violate the integrity or security of the Website or any MEDLINE.LIVE Content;
i. transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of Services by MEDLINE.LIVE;
ii. intentionally submitting on the Website any incomplete, false or inaccurate information;
iii. making any unsolicited communications to other Users;
iv. using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website;
v. attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
vi. copying or duplicating in any manner any of the MEDLINE.LIVE Content or other information available from the Website;
vii. framing or hot linking or deep linking any MEDLINE.LIVE Content. viii. circumventing or disabling any digital rights management, usage rules, or other security features of the Software.
5.3 MEDLINE.LIVE, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned above, shall be entitled to disable such information that is in contravention of Clauses 5.1 and 5.2. MEDLINE.LIVE shall also be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.
5.5 MEDLINE.LIVE may disclose or transfer User-generated information to its affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer. The SPI Rules only permit MEDLINE.LIVE to transfer sensitive personal data or information including any information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by MEDLINE.LIVE as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between MEDLINE.LIVE or any person on its behalf and the User or where the User has consented to data transfer.
MEDLINE.LIVE respects the intellectual property rights of others and we do not hold any responsibility for any violations of any intellectual property rights
6.1 MEDLINE.LIVE reserves the right to suspend or terminate a User’s access to the Website and the Services with or without notice and to exercise any other remedy available under law, in cases where.Such User breaches any terms and conditions of the Agreement;
i. A third party reports violation of any of its right as a result of your use of the Services;
ii. MEDLINE.LIVE is unable to verify or authenticate any information provide to MEDLINE.LIVE by a User;
iii. MEDLINE.LIVE has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or
iv. MEDLINE.LIVE believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for MEDLINE.LIVE or are contrary to the interests of the Website.
6.2 Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Website under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the Website by such User. The User shall ensure that he/she/it has continuous backup of any medical services the User has rendered in order to comply with the User’s record keeping process and practices.
7.LIMITATION OF LIABILITY
no event, including but not limited to negligence, shall MEDLINE.LIVE, or any of its directors, officers, employees, agents or content or service providers (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Website or the content, materials and functions related thereto, the Services, User’s provision of information via the Website, lost business or lost End-Users, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for:
provision of or failure to provide all or any service by Practitioners to End- Users contacted or managed through the Website;
i. any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website;
ii. any unauthorized access to or alteration of your transmissions or data; or iii. any other matter relating to the Website or the Service.
In no event shall the total aggregate liability of the Protected Entities to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from this Agreement or a User’s use of the Website or the Services exceed, in the aggregate Rs. 1000/- (Rupees One Thousand Only).
8.RETENTION AND REMOVAL MEDLINE.LIVE may retain such information collected from Users from its Website or Services for as long as necessary, depending on the type of information; purpose, means and modes of usage of such information; and according to the SPI Rules. Computer web server logs may be preserved as long as administratively necessary.
9.APPLICABLE LAW AND DISPUTE SETTLEMENT
9.1 You agree that this Agreement and any contractual obligation between MEDLINE.LIVE and User will be governed by the laws of India.
9.2 Any dispute, claim or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, or your use of the Website or the Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by MEDLINE.LIVE. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Bangalore. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.
9.3 Subject to the above Clause 9.2, the courts at Bengaluru shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the Website or the Services or the information to which it gives access.
10. CONTACT INFORMATION GRIEVANCE OFFICER
10.1 If a User has any questions concerning MEDLINE.LIVE, the Website, this Agreement, the Services, or anything related to any of the foregoing, MEDLINE.LIVE customer support can be reached at the following email address: support@MEDLINE.LIVE.com or via the contact information available from the following hyperlink: www.MEDLINE.LIVE.com/contact.
10.2 In accordance with the Information Technology Act, 2000, and the rules made there under, if you have any grievance with respect to the Website or the service, including any discrepancies and grievances with respect to processing of information, you can contact our Grievance Officer at: Name: Sowmya Sudarshan Designation: Head – Customer Experience Address: 4th Floor, Abhaya Heights, Bannerghatta Road, Bangalore, India- 560078 Email: info@MEDLINE.LIVE.com Telephone: +91-8880588999 (Ask to be connected to the Grievance Officer) In the event you suffer as a result of access or usage of our Website by any person in violation of Rule 3 of the IG Rules, please address your grievance to the above person.
If any provision of the Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.
No provision of this Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by MEDLINE.LIVE. Any consent by MEDLINE.LIVE to, or a waiver by MEDLINE.LIVE of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.