TERMS AND CONDITIONS
This Website is brought to you by EasyReach Healthcare Private Limited ("the Company" for short), a private limited company incorporated under the provisions of the Companies Act, 1956, having it's registered office at A-202, 2nd floor, B. N. Agarwal Shyamkamal Co-operative Housing Society Limited, Vile Parle (East), Mumbai - 400 057.
We are pleased to welcome you on behalf of our team for using our Website and the various services available through the use of our Website. By subscribing to the use of our Website and registering as a user thereof, you are accepting this User Agreement and all the terms and conditions contained herein and it shall be presumed that User has carefully read the Terms and Conditions contained herein.
The Company reserves rights to modify the Terms and Conditions contained herein at it's will and such modification shall not be individually notified/intimated to the User and it shall be the User's responsibility to periodically review the Terms and Conditions posted on the Website.
- USER CAPABLE OF CONTRACTING:
- At the time of obtaining subscription to the Website, the User has represented that the User is an Adult and capable of contracting as per prevalent laws. User subscribing as a medical practitioner/hospital/pharmacy, has/have valid license for practicing as such medical practitioner/operating hospital/operating pharmacy within India. The User acknowledges that the Company has accepted the User's subscription assuming the aforesaid representations to be true and correct and that the Company reserves right to forthwith terminate the User subscription if the said representations are found to be false and/or untrue.
- The User hereby confirms and declares that all information provided in the Registration Form vide which the User subscribed to the Website is true and correct including the name of the User and the User is not impersonating any other person merely on account of mala fide intentions to illegally gain access to the Website. In the event of the Company receiving any complaints of impersonation with respect to the User, the Company reserves right to forthwith terminate User Subscription, deactivate the User Account and prosecute such user for Impersonation. The User indemnifies and agrees to keep the Company indemnified for any charges that may be faced by the Company on account of such impersonation.
- All content published on the Website including but not limited to the general directions for use of the Website, calculators and software for creation of templates provided for ease of User, and medical updates for User information are sole and exclusive property of the Company and the Company retains all intellectual property rights in all content published by the Company on the Website.
- Some content displayed on the Website may not belong to the Company as the Website allows users to post content. This content is the sole responsibility of the entity that makes it available. The Company may review content to determine whether it is illegal or violates our Company policies, and the Company may remove or refuse to display content that in the opinion of the Company reasonably violates Company policies or the law. However, reviewing content posted by other users shall be at our discretion and is not an obligation of the Company. It, therefore, should not be assumed that all content posted by other users has been reviewed or approved by the Company
- By accessing User Account, User is permitted to post, upload, submit, store, send or receive content on the Website. The ownership of any intellectual property rights of the User in such content shall continue to belong to the User. In the event of the User directing the Company to share such content so belonging to the User with any person and/or entity, the User shall be solely responsible for liability, if any, that may arising therefrom including but not limited to claims, if any, that may be made against the User for breach of Confidentiality by any person having any interest in the content so directed to be shared by the User.
- When the User uploads, submits, stores, sends or receives content to or through the Services provided by the Company through it's Website, the User gives the Company an irrevocable license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving the services provided by the Company through it's Website, and to develop new features depending on user feedback.
- With respect to the feature on the Website that allows the User to create and store Prescriptions and edit available Prescription Templates, the User agrees to give irrevocable license to the Company to refer to the edited prescription templates for the limited purpose of improving quality of the services provided through the Website.
- There are certain tools and/or systems incorporated within the Website that store browsing information of the User and assist in enhancing the browsing experience of the User by giving better results based on previous browsing information collected by the system.
- In the event of any of the content posted by the User on the Website, in the opinion of the Company being against public policy or otherwise unacceptable on account of obscenity, unfair competition and/or advertising, vulgarity, etc., the Company reserves right to delete and/or block such content forthwith.
- PERSONAL LICENSE:
- The User login provided to each User is personal in nature and the User shall not in any circumstances share the User Id and password provided for logging in to the Website with any other person so as to prevent persons who have not subscribed for availing the services provided by the Website from gaining access to the contents of the Website.
- It shall be the sole responsibility of the User to keep the User password confidential as also restrict the access of the User's computer and the Company shall not in any manner be responsible for any unauthorised use of the User Account on account of failure on part of the User to protect the User Id assigned by the Company and the password opted for by the User.
- In the event of any logging in discrepancies noticed by the Company including use of remote IP address by the User, the Company reserves right to temporarily discontinue User access until receipt of confirmation from the User about authenticity of the activity.
- If any unauthorised use of the Website is noticed by the User, the same shall be immediately brought to the notice of the Company by the User.
- Any breach of the personal license for use of Website hereby granted to the User shall entitle the Company to forthwith terminate the User Agreement and discontinue User Access through the User account with immediate effect.
- User accepts sole responsibility of all activity connected with the User Account including responsibility with respect to all content published on the Website using the User Id of the User. In the event of any claims and/or actions being initiated against the Company for infringement of intellectual property rights and/or by reason of obscenity of any material published and/or on account of any of the materials published being in violation of laws prevalent in India for the time being, the User hereby indemnifies and agrees to keep the Company indemnified against such claims and/or actions as also any loss caused to the Company on account of such claim and/or action.
- The License hereby granted is merely for availing various services offered by the Company through the Website and doesn't extend to any resale or commercial use of this Website or the contents thereof; any collection or use of any product listings, descriptions or prices; any derivative use of this Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copies, sold, resold, visited, or otherwise exploited for any commercial purposes. User shall not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of the Website or any of such information available with respect to our affiliates.
- The Company reserves rights to restrict access to parts of websites on account of unavoidable circumstances.
- All accounts belonging to Users not being registered medical practitioners shall have restricted access limited only to managing appointments, uploading patient details and pathology reports of patients. The remaining features shall be inaccessible to such users.
- FORCE MAJEURE:
In the event of any inconvenience or loss caused to any User by reason of the Website being temporarily unavailable due to any mishap, server failure, technical snag, or such other unavoidable circumstances, then the Company disclaims all liability for such losses.
- NO WARRANTIES:
The Website is provide on "As Is" basis and the Company makes no warranties and/or representations of any kind related to the Website or it's contents. No services being provided to you on the Website should be construed as consultation and/or advice.
- GOVERNING LAW AND JURISDICTION:
This User Agreement and these Terms and Conditions are governed by the laws of India and more particularly laws prevalent in State of Maharashtra. The Courts in Mumbai shall have jurisdiction for resolution of disputes.
- TERMINATION OF SUBSCRIPTION:
The subscription of the User shall be terminated forthwith for breach, if any, of the terms and conditions herein contained, irrespective of whether the breach is deliberate or not and the monies paid for availing the subscription shall be forfeited.