Welcome to the portal www.myseniordoctor.com (the "Website"). The content of the Website is the property of VizExec Transformation Pvt. Ltd. having its registered office at Shivalika, Sector 9, Dwarka, New Delhi, India. ("VizExec", the "Company", "we" or "us"). My Senior Doctor offers and plans to offer a variety of online products and services including internet/telephone/ email based and webcam-enabled consultations with medical professionals along with a supporting Consumer service - collectively referred to as the 'Service'. We request you to carefully go through these terms of use ("Terms of Use") before you decide to avail the Services of My Senior Doctor. By registering with the Company to avail our Services, you irrevocably accept all the obligations stipulated in these Terms of Use and agree to abide by them. Accessing the Website through any medium, including but not limited to accessing the website through mobile phones, smart phones and tablets, are also subjected to these Terms of Use. These Terms of Use supersede all previous oral and written terms and conditions (if any) communicated to you. By using this Website, you signify your agreement to these Terms of Use as well as the Website’s privacy policy (which is hereby incorporated by reference herein).
By using the Service in any form, you, the 'Consumer' are agreeing to comply with applicable laws, governed and interpreted by the state of Delhi, India and the following terms and conditions:
My Senior Doctor requires that its agreements be made with persons who are legally qualified to enter into a contract. Thus, as a Consumer, you must be over eighteen (18) years of age. In the case of minor Consumers (under eighteen (18) years), a parent or guardian must accept this Agreement and guide all consultations under the services offered. The parent or guardian assumes full responsibility for ensuring that the authenticated information is kept secure and that the information submitted is accurate.
You represent and warrant that you are at least eighteen years of age and that you possess the legal right and ability to enter into agreements pertaining to Terms of Use, register on My Senior Doctor Services under your own name and use the Services in accordance with the Terms of Use and abide by the obligations hereunder. You are solely responsible for maintaining the confidentiality of your password and for all activities carried out under your own account. You agree to prohibit anyone else from using your password and immediately notify My Senior Doctor of any unauthorized use of your password or other security concerns you may be aware of.
By Using This Website You further Represent And Warrant that that all registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information;
Your registration on the Website is solely for your personal and non-commercial use. Any use of this Website or its content other than for personal purposes is prohibited.
Your personal and non-commercial use of this Website shall be subjected to the following restrictions:
You will not:
use the Service available on the Website for commercial purposes of any kind; or
use the Website and / or services in any way that is unlawful, or harms the Company or any other person or entity, as determined in the Company’s sole discretion.
You will not post, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Website and / or Services or any connected network, or otherwise interfere with any person or entity's use or enjoyment of the Website and / or the Services.
You will not engage in any form of antisocial, disrupting, or destructive acts, including "flaming", "spamming","flooding","trolling","phishing" and "griefing" as those terms are commonly understood and used on the Internet.
You will not delete or modify any content of the Website and / or Services, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify.
The Company cannot and will not assure you that other registered users are or will be complying with the foregoing rules or any other provisions of these Terms of Use, and, as between you and the Company, you hereby assume all risk of harm or injury resulting from any such lack of compliance.
All information, content and material contained in the Website and / or Services are the Company's intellectual property. All trademarks, services marks, trade names, and trade dress are proprietary to the Company. No information, content or material from the Website and / or Services may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without the Company's express written permission.
You acknowledge that when you access a link that leaves the Website, the site you will enter into is not controlled by the Company and different terms of use and privacy policies may apply. By accessing links to other sites, you acknowledge that the Company is not responsible for those sites. The Company reserves the right to disable links from third-party sites to the Website, although the Company is under no obligation to do so.
You expressly understand and agree that:The information, content and materials on this Website and / or Services are provided on an "as is" and "as available" basis. The Company and all its subsidiaries, affiliates, officers, employees, agents, partners and licensors disclaim all warranties of any kind, either express or implied, including but not limited to, implied warranties on merchantability, fitness for a particular purpose and non-infringement.
The Company does not warrant that the functions contained in content, information and materials on the Website and / or Services, including, without limitation any third party sites or services linked to the Website and / or services will be uninterrupted, timely or error-free, that the defects will be rectified, or that the Website or the servers that make such content, information and materials available are free of viruses or other harmful components.
Any material downloaded or otherwise obtained through the Website and / or Services are accessed at your own risk, and you will be solely responsible for any damage or loss of data that results from such download to your computer system.
You hereby indemnify, defend, and hold the Company, the Company's distributors, agents, representatives and other authorized users, and each of the foregoing entities' respective resellers, distributors, service providers and suppliers, and all of the foregoing entities' respective officers, directors, owners, employees, agents, representatives, harmless from and against any and all losses, damages, liabilities and costs arising from your use of the Website.
We further reserve the right to modify or terminate any portion of the Website or the Services offered by the Company for any reason, without notice and without liability to you or any third party. Please review this Agreement often so that you are apprised of any changes made to this page. The Consumer agrees that, during the period of this Agreement, we may revise the Terms and Conditions, and change the services provided under this Agreement. Any such revision or change will be binding and effective immediately on release of the revised Agreement or change to the Service(s) on our website. Unless we expressly notify otherwise, these terms incorporate and supersede any other terms associated with the Services.
My Senior Doctor has the right to discontinue service, or deny access to anyone who violates our policies or the terms and conditions stated herein, without prior notice or warning.
Seeking online medical opinion , amongst other services, facilitates in finding and comparing prospective doctors and health care providers in identified locations and this Service is provided only in good faith. The Services of My Senior Doctor are essentially provided to bridge the information gap between patients and doctors. It is specified herein that My Senior Doctor is not and does not represent itself to be a doctor/ medical practitioner of any nomenclature and does not claim to provide and is not involved in providing any health care/ medical diagnosis/ advice/consultation/treatment to the consumer.
The Website should not be used in cases of medical emergencies and My Senior Doctor does not, and should not be considered in any form to be a substitute for a doctor or a hospital. We encourage you to independently verify any information you see on the Website with respect to a doctor or health care provider that you seek to make an appointment with.
My Senior Doctor further does not provide any warranty with regard to the content of any medical discussion/diagnosis/advice/treatment plan/treatment response. You and your physician are solely responsible for all information and/or communication shared during a consultation. My Senior Doctor does not guarantee that a web-based consultation, tele-consultation or video consultation is the appropriate course of treatment for your particular health problem. You agree to contact your primary care physician immediately should your condition change or your symptoms worsen. If you require urgent care, you agree to contact your local emergency services immediately. The Services are offered on an "as is" basis and used by the Consumer solely at his or her own risk. All information provided by the Consumer in connection with the Services shall be used to provide services and features to the Consumer. My Senior Doctor shall make no effort to validate any information.
You are ultimately responsible for choosing your own doctor or health care provider and My Senior Doctor shall not be held responsible or liable for the selection of such doctor or health care provider; and
My Senior Doctor will provide you with lists and/or profile previews of doctors and health care providers who may be suitable to deliver the health care that you are seeking based on information that you provide to My Senior Doctor (such as area of specialty and geographical location). For certain specific Services, My Senior Doctor may chose a doctor or health care provider on your behalf based on the nature of services you request and on the doctor or health care professional available to provide you with the clinical services for the same. Please note that My Senior Doctor (i) does not recommend or endorse any doctors or health care providers mentioned on the Website; and (ii) does not make any representations or warranties with respect to these doctors or health care providers or the quality of the healthcare services they may provide. My Senior Doctor shall not be liable for any reason whatsoever for the services provided by the health care professional or doctor, and we bear no liability for the consequences to you, of your use of the System or Services. Further the website or My Senior Doctor is not liable or culpable in any manner whatsoever, in any matter of whatsoever nature which may emerge out of your interaction with the health care professional or doctor.
Information regarding doctors and health care providers and practice information found on the Website is intended for general reference purposes only. Such information found on the Website is mainly self-reported by the doctor or the health care provider. Such information often changes frequently and may become out of date or inaccurate. Neither the Website nor My Senior Doctor provides any advice or qualification certification about any particular doctor or health care provider. You are encouraged to independently verify any such information you see on the Website with respect to a doctor or health care provider that you seek to make an appointment with
If you wish to schedule an appointment with a doctor or conduct a transaction on the Website, you will have register on the Website and become a registered user ("My Senior Doctor User") prior to the completion of any transaction on the Website. To register onto the Website, a user will have to provide information such as his/her name, email address and phone number and create a user name and password. You understand that My Senior Doctor may introduce a fee for registration on the Website ("Registration Fees"). Registration Fees, if and when introduced shall be non-refundable. My Senior Doctor may introduce special features which may be made available to My Senior Doctor Users who pay Registration Fees.
Registration is only a one time process and if the My Senior Doctor User has been previously registered, s/he shall login / sign into his / her account using the same credentials as provided during the registration process. We request you to please safeguard your password to your account on the Website and make sure that others do not have access to it. It is your responsibility to keep your account information current.
A My Senior Doctor User may wish to schedule an appointment through his/her account for his/her family members and friends. While a My Senior Doctor User will be able to do, please note that such My Senior Doctor. User will be responsible for any activity that is undertaken through his/her account on behalf of his/her family members and friends.
My Senior Doctor reserves complete and sole discretion with respect to the operation of the My Senior Doctor Services. My Senior Doctor may, among other things withdraw, suspend or discontinue any functionality or feature of the My Senior Doctor Services.
You understand and agree that any interactions and associated issues with the doctors on the Website including but not limited to the medical outcomes and service issues, is strictly between you and the doctors. You shall not hold My Senior Doctor responsible for any such interactions and associated issues. My Senior Doctor is not involved in the providing any healthcare or medical advice or diagnosis and hence is not responsible for any outcome between you and the doctor you interact with. If you decide to engage with a doctor to provide medical services to you, you do so at your own risk. The results of any search you perform on the Website for doctors, or provision of access to any healthcare professional or doctor on the basis of your specific request, should not be construed as endorsement by this Website of any such particular doctor. My Senior Doctor shall not be responsible for any breach of service or service deficiency by any doctor or health care provider. We cannot assure that all transactions will be completed nor do we guarantee the ability or intent of doctors or other health care providers to fulfill their obligations in any transaction. We advise you to perform your own investigation prior to selecting a doctor or a health care provider
You understand that third party services may be made available by the Company on the Website. For example, you may be able find or book an ambulance or schedule a home visit by a doctor through the Website. Please note that in the event you choose to avail any such third party services that are made available on the Website, you will be absolutely and solely responsible for your interactions with such third party service providers. My Senior Doctor shall not be held responsible for any lapses, shortcomings or deficiency of services by such third party service providers to you. My Senior Doctor hereby does not endorse the services of any third party service providers that are made available on the Website.
You understand that you may have the option of uploading your health / medical information on the Website in order to enable your doctor access your previous medical history. An Electronic Medical Record is also created to store your personal health information online, including health conditions, allergies and medications. Any information provided as part of a web, tele or a video consultation becomes part of your medical Record. You agree to provide accurate information for your medical Record, to periodically review such information and to update such information as and when necessary It is your responsibility to validate any third party information in your medical Health Record.
While My Senior Doctor takes utmost care with respect to the security of the information you decide to upload, you understand that any information that you disclose on the Website is at your own risk. By uploading / sharing / disclosing your medical information on the Website, you hereby give your consent to My Senior Doctor to store such health / medical information on My Senior Doctor servers. My Senior Doctor will retain such medical / health information you upload on the Website for as long as it is needed to fulfill the service you seek to avail on the Website. If you delete your account, My Senior Doctor will delete such medical / health information. But please note: (1) there might be some latency in deleting this information from our servers and back-up storage; and (2) we may retain this information if necessary to comply with our legal obligations, resolve disputes, or enforce our agreements . My Senior Doctor further reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the My Senior Doctor Service pursuant to its internal record retention and/or destruction policies.
Unless you specifically consent to share information, medical or otherwise, with either doctors or third party service providers, My Senior Doctor does not share such information that you upload on the Website. While My Senior Doctor takes utmost care with respect to the security of the information you decide to share, you understand that any information that you disclose on the Website is at your own risk. In the event you do not trust My Senior Doctor with such information, please do not share such information on the Website.
While My Senior Doctor endeavors to protect any information uploaded or shared by you on the Website, you understand that My Senior Doctor shall not be held liable or responsible for the loss or damage to such information on the Website. It is your responsibility to ensure that you have all your information, medical or otherwise, stored on your hard drive. You hereby agree not to use the Website as a “data room” to store your medical / health records
You understand that once you register as a My Senior Doctor User on the Website, you will receive SMS messages from My Senior Doctor on your registered mobile number. These messages could relate to your registration, transactions that you carry out through the Website and promotions that are undertaken by My Senior Doctor. Please note that My Senior Doctor will send these SMS messages only to the registered mobile number or such other number that you may designate for any particular transaction. It is your responsibility to ensure that you provide the correct number for the transaction you wish to enter. Further, My Senior Doctor may also send notifications and reminders to you with respect to appointments scheduled by you for the Services that you have subscribed to on the Website. Please note that while My Senior Doctor endeavors to provide these notifications and reminders to you promptly, My Senior Doctor does not provide any guarantee and shall not be held liable or responsible for the failure to send such notifications or reminders to you. It is your responsibility to ensure that you attend any appointments that you may schedule with a doctor or a health care provider through the Website
My Senior Doctor may send you newsletters and other information regarding common medical and health-related topics or preventive care messages containing specific medical and health related information, links to other related websites and specific questions related to your Medical Record. Additionally, My Senior Doctor makes available self-care informational services that provide general, medical and health information. These communications and resources are not comprehensive medical text and do not include complete potential information pertaining to the subject matter. These communications and resources are solely meant for general, educational and informational purposes and should not be relied upon as a substitute for patient-specific medical diagnosis and treatment or construed, directly or indirectly as the practice of medicine or dispensing of medical services by My Senior Doctor. Such information is not a substitute for consulting an appropriate healthcare professional for medical treatment. The information contained in these communications and resources is compiled from a variety of sources and may or may not be authored by My Senior Doctor. My Senior Doctor makes no warranty with respect to the content of these materials or the information contained therein. We may also provide forums for our users to exchange information. The information and materials available through the Website are for informational and educational purposes only and are not intended to constitute professional advice, diagnosis or treatment, or to substitute for your professional judgment. Information that may be placed on the Website by third parties are beyond our control. We are not responsible for the accuracy or completeness of information available from or through our Website. You assume full risk and responsibility for the use of information you obtain from or through this site, and you agree that My Senior Doctor is not responsible or liable for any claim, loss, or liability arising from the use of the information. We do not recommend or endorse any provider of health care or health-related products, items or services, and the appearance of materials on the Website relating to any such products, items or services is not an endorsement or recommendation of them. You agree to review the definitions, functionality, and limitations of the Services, and to make an independent determination of their suitability for your use.
You understand that My Senior Doctor provides various Services with respect to the System. While some of these Services are provided for free, there are certain Services for which costs will be incurred by you, if you decide to avail such Services ("Paid Services"). My Senior Doctor may in such event provide billing services on behalf of the doctor or health care professional. Should you wish to avail those Paid Services, you acknowledge that My Senior Doctor will collect the payment for such Paid Services for and on behalf of the doctor or health care professional providing such clinical services. You acknowledge and confirm that My Senior Doctor shall not be liable for the treatment or be treated as the health care provider on account of such collection of the payments or for provision of Paid Services, for any reason whatsoever
Please 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 My Senior Doctor 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.
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. We do not in any way endorse any individual described herein. 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.
Please note that we do not recommend or endorse any doctors, dentists, health care providers, procedures, opinions, or other Information that may appear on the Website. If you rely on any of the Information provided by the Site, you do so solely at your own risk. The Information that you obtain or receive from My Senior Doctor, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Website is for informational and scheduling purposes only. All medically related information comes from independent health care professionals and organizations which are registered with My Senior Doctor and to whom certain specific terms and conditions apply. These terms and conditions can be accessed ___________
The Information provided on the Website and in any other communications from or provided through My Senior Doctor is not intended as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. Do not disregard, avoid or delay obtaining medical advice from a qualified health care professional because of advice that you may have obtained through the Website. Your use of Information provided on the Website is solely at your own risk. Nothing stated or posted on the Website or available through any Services is intended to be, and must not be taken to be, the practice of medicine or the provision of medical care
As part of the signing up process, you are required to provide us with certain information. Additionally, it is the Consumer’s responsibility to update My Senior Doctor, as promptly as possible with any changes in the information so that all records are current, complete and accurate. At any given time, you may be notified that time-sensitive information such as medical information, diagnosis, lab results, etc may need to be reviewed. Such a notification of urgent information review will be sent to the e-mail address provided by you in the records. Please keep this in mind when determining which e-mail address you offer as a contact point. You are obliged to furnish the following information:
The network resources of My Senior Doctor may not be used to impersonate another person or misrepresent authorization to act on behalf of others or My Senior Doctor. All messages transmitted via My Senior Doctor should correctly identify the sender. The Consumer may not alter the attribution of origin in electronic mail messages or while posting any information. The Consumer shall not attempt to undermine the security or integrity of computing systems or networks of My Senior Doctor and its partners, or those accessed through or with their product, and must not attempt to gain unauthorized access. All Consumer-specific information provided by the consumer in connection with Services shall be governed by the My Senior Doctor Privacy Policy, which can be studied in detail at ________. As part of these Terms and Conditions, the Consumer understands, has read and accepts all Terms and Conditions contained within the My Senior Doctor Privacy Policy. My Senior Doctor reserves the right to terminate any account that does not include a valid email address on file. This email address must be stored in the profile for the Consumer’s account on the My Senior Doctor system.
As Consumer, you agree that your use of our Services is solely at your own risk. You agree that such service(s) is/are provided on an "as is" and "as available" basis. My Senior Doctor expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. My Senior Doctor makes no warranty that the Services will meet your requirements, or that the Service(s) will be uninterrupted, timely, secure, or error free. This includes loss of data resulting from delays or any service interruption caused by My Senior Doctor employees. My Senior Doctor is not responsible for transmission errors, corruption or compromise of data caused while sharing it through local, internet or telecommunication carriers.
My Senior Doctor makes no warranties or representations of any kind, express or implied, for the Services. Consumer’s use of My Senior Doctor Services is at his or her sole risk. Neither My Senior Doctor its employees, directors, affiliates, agents, third party information providers, merchants licensers or the like, warrant My Senior Doctor Services will not be interrupted or error free, nor do they make any warranty as to the results that may be obtained from the use of the services or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through My Senior Doctor Services, unless otherwise expressly stated in this Agreement. My Senior Doctor also disclaims any warranty of merchantability or fitness for any particular purpose and will not be responsible for any damages that may be suffered by the Consumer, or viewers and Consumers of the Consumer's materials, including loss of data resulting from delays, non-delivery or service interruptions by any cause of errors or omissions of My Senior Doctor. Use of any information obtained by way of My Senior Doctor is at the Consumer's own risk, and My Senior Doctor specifically denies any responsibility for the accuracy or quality of information obtained through its services.
You acknowledge that your use of My Senior Doctor Services is solely at your own risk, and that you assume full responsibility for all risks associated therewith. All information, products or services contained on or provided through this website are provided "as is", without any warranty of any kind, express or implied, to the fullest extent permissible under applicable law. My Senior Doctor and its shareholders, affiliates, directors, officers, managers, employees or other representatives (collectively, "affiliates") hereby disclaim all representations and warranties, express or implied, statutory or otherwise, including but not limited to warranties of merchantability, fitness for a particular purpose, title, non-infringement and freedom from computer virus strains. Without limiting the foregoing, My Senior Doctor and its affiliates make no warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of the My Senior Doctor products and services provided hereunder.
My Senior Doctor makes no representations or warranties about: the satisfaction of government regulations requiring disclosure of information on prescription drug products, or any treatment, action or application or preparation of medication based on information offered or provided through the My Senior Doctor Services. Please consult your physician for a formal prescription before using any of the suggested drugs/medications.
My Senior Doctor will take all necessary precautions to protect itself against failure of our equipment and our software. The Consumer acknowledges and agrees that temporary interruptions in service may occur, and that My Senior Doctor shall have no liability for any claim, cost, charge, loss or expense arising from or relating to use of the Services. The Consumer acknowledges and agrees that data may be lost or corrupted in connection with use of the Services. My Senior Doctor may perform regular back-ups of all data stored, but shall have no liability to the Consumer in the event all data is lost or destroyed. The Consumer acknowledges and agrees that in the event restoration of data from backup is necessary, it may take several days to complete such restoration of data and resume operation of the services.
You agree that the Services, which include all software and documentation, both electronic and printed media, contain copyrighted material, trade secrets, patent related material and other proprietary intellectual property and are the proprietary property of VizExec Transformation Pvt Ltd. They are protected by copyright, trade secret, patent laws and other proprietary rights and laws, and they may only be used or accessed as specifically provided for, in this Agreement.
You agree that you will not store, copy, modify, rent, lease, loan, sell, distribute, transfer, transmit, display, reverse-engineer, reverse-assemble, or otherwise attempt to discover any programming code or any source code used in or with the Services. You may not sell, assign, sublicense, grant a security interest in or otherwise attempt to transfer any right in the Services (which includes its software and documentation), create derivative works based on it or in any manner commercially exploit the Services in whole or in part. You agree that violations by you, any other person or entity, of these copyrights, trade secrets, patents, other intellectual property protections or the terms of this Agreement will be prosecuted to the fullest extent possible under the law in the courts located in Delhi. The final choice of whether the Consumer is in violation of any of these policies is at the sole discretion of My Senior Doctor.
Only for the duration of being logged into the Consumer's valid My Senior Doctor account, the Consumer is hereby granted a non-exclusive, non-transferable temporary license, subject to the terms and qualifications of this Agreement. A valid My Senior Doctor account may only be created and maintained by a Consumer who fully provides valid personal information about the Consumer (himself) in the signup process. To maintain a valid account, the Consumer must regularly update such information to assure its accuracy, and the Consumer must always comply with the terms of this Agreement. The Consumer is not granted a license or any other right to store any of the Services (including any portion of the software or documentation) on any computer or other device, or copy or otherwise use such information to create derivative works.
My Senior Doctor welcomes comments, suggestions and submissions by its Consumers. Any comments, suggestions and submissions made by the Consumers, including but not limited to messages, notes, feedback, artwork, communications, computer code or creative materials provided to My Senior Doctor shall become the exclusive property of My Senior Doctor. At the time the comment, suggestion, and/or submission is made it shall act as a full assignment to My Senior Doctor of all rights whatsoever (copyright, patentability, and intellectual property). My Senior Doctor shall have the right to use the said comment, suggestion, and/or submission as its own for all legal purposes including but not limited to reproduction, disclosure, publishing, distribution and the like without any compensation to the Consumer.
The Consumer agrees to release, indemnify, and hold My Senior Doctor its contractors, agents, employees, officers, directors and affiliates harmless from all liabilities, claims and expenses, including attorney's fees, fees of third parties relating to or arising under this Agreement, the Services provided hereunder or your use of the Services, including without limitation, infringement by you or someone else using the service with your computer, of any intellectual property or other proprietary right of any person or entity, or from the violation of any of our operating rules or policy relating to the Service(s) provided. You also agree to release, indemnify and hold us harmless pursuant to the Terms and Conditions contained in the Acceptable Use Policy. When we are threatened with suit by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a breach of your agreement and may result in deactivation of your service(s) with immediate effect. The Consumer shall defend, indemnify, save and hold My Senior Doctor including (its agents, its clients, its servants, officers, directors and employees) harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against them, that may arise or result from the Consumer’s violation of any of the Terms and Conditions stated herein. The Consumer shall defend, indemnify and hold harmless My Senior Doctor including (its agents, its clients, its servants, officers, directors and employees) against any and all Liabilities caused directly or indirectly by the Consumer or any person whom the Consumer allows to access the Services. Under no circumstances, including negligence, shall My Senior Doctor including ( its agents, its clients, its servants, officers, directors and employees) or anyone else involved in creating, producing or distributing My Senior Doctor Services be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use My Senior Doctor Services, or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to My Senior Doctor records, programs or services. This paragraph shall apply to all content and functionality of My Senior Doctor Services. Notwithstanding the above, the Consumer's exclusive remedies for all damages, losses and causes of actions whether in contract, tort, including negligence or otherwise, shall not exceed the aggregate Rupee amount which the Consumer paid directly to My Senior Doctor during the current month. Such limitations shall apply to My Senior Doctor total liability, including without limitation any liability for damages caused or allegedly caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation of transmission, communications failure, theft of destruction of or unauthorized access to, alteration of, or use of records, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action. In no event shall My Senior Doctor nor any of its affiliates be liable for any direct damages in excess of the purchase price for the product. In addition, to the maximum extent permitted by law, in no event shall My Senior Doctor nor any of its affiliates be liable for any special, punitive, indirect, incidental or consequential damages, including but not limited to personal injury, wrongful death, loss of use, loss of profits, interruption of service or loss of data, whether in any action in warranty, contract, tort (including, but not limited to negligence or fundamental breach), or otherwise arising out of or in any way connected with the use of, or the inability to use, this website or any service offered through this website or any material or information contained in, accessed through, or products purchased on this website, even if an authorized representative of My Senior Doctor is advised of the likelihood or possibility of the same. To the extent certain jursidictions restrict any of the above limitations of liability, such limitations shall not apply in such jurisdictions to the extent of such restrictions.
The indemnification and disclaimers provisions set forth above are for the benefit of My Senior Doctor and its affiliates. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you, the Consumer on its own behalf.
The Information provided on the Website and in any other communications from or provided through My Senior Doctor is not intended as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. Do not disregard, avoid or delay obtaining medical advice from a qualified health care professional because of advice that you may have obtained through the Website. Your use of Information provided on the Website is solely at your own risk. Nothing stated or posted on the Website or available through any Services is intended to be, and must not be taken to be, the practice of medicine or the provision of medical care
Your right to use the Services is not transferable. Any password or right given to you to obtain information or documents from the site is not transferable. My Senior Doctor may freely transfer, assign or delegate all or any part of this Terms of Use, and any rights and duties hereunder. This Terms of Use will be binding upon and inure to the benefit of the heirs, successors and permitted assignees of the parties.
The Consumer agrees to pay an annual membership fee and consultation fee, pursuant to the schedule of memberships and fees set forth on the www.myseniordoctor.com website. As further consideration for the services, the Consumer agrees to provide certain current, complete and accurate information about him or her as required by the sign-up for cervices and maintain and update this information as needed, to keep it as current, complete and accurate as possible. By completing and submitting the sign-up form, the Consumer represents that the statements in his or her application are true and accurate. The Consumer agrees that any unpaid balance due hereunder shall attract interest at the rate of 30 % per annum and that costs of collection, including court costs and reasonable attorney fees shall be added as principal amounts to such balance. My Senior Doctor reserves the right to modify its pricing structure at any time and implement the new price structure at any time prior to billing the Consumer for his or her initial payment or for future payments that are due pursuant to this Agreement.
The Consumer understands and agrees that all consultations cancelled with less than 12 hours notice will be charged the full consultation amount, said amount to be as set forth on the www.myseniordoctor.com website.
The Terms of Use shall commence upon the date you complete the registration process with My Senior Doctor. The Company reserves the right, in the event you breach these Terms of Use stipulated herein, to suspend and / or terminate your access to the Website with or without notice to you. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your access to the Website. Upon suspension or termination, your right to procure the Services on the Website shall immediately cease and the Company reserves the right to remove or delete your information that is available with the Company, including but not limited to login and account information
The interpretation of this Agreement and the resolution of any disputes arising under these Terms of Use shall be governed by the laws of India. If any action or other proceeding is brought on or in connection with this Agreement, the venue of such action shall be exclusively at New Delhi, India.
Any dispute, claim or controversy arising out of or relating to this notice or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of these Terms of Use to arbitrate, or to your use of the Website or the Services or information to which it gives access, shall be determined by arbitration in India, before a single arbitrator. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The venue of such arbitration shall be New Delhi, India. 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.
The Parties shall have the right to apply to a court of competent jurisdiction to obtain interim injunctive relief in respect of any dispute, pending resolution of such dispute in accordance with Clause 11(a).
If any provision of these Terms of Use is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from these Terms of Use and the remainder of these Terms of Use 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 these Terms of Use 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.
All notices and other communications required or permitted hereunder to be given to a Party shall be in writing, in the English language, and shall be sent by facsimile, e-mail, or mailed by prepaid internationally-recognized courier, or otherwise delivered by hand or by messenger, addressed to such Party's address as set forth below or at such other address as the Party shall have furnished to the other Party in writing in accordance with this provision:
If to My Senior Doctor,
Address
If to you:
at the email address provided by you to us when you registered as a My Senior Doctor User.
My Senior Doctor hereby grants you a limited, revocable, non-transferable and non-exclusive license limited solely to viewing or downloading a single copy of the material on the My Senior Doctor web site and to use the My Senior Doctor software to the extent necessary to use the My Senior Doctor Services solely for your personal, non-commercial use. With the exception of your medical records, My Senior Doctor retains all rights, titles and interests pertaining to My Senior Doctor Services and any content, products, documentation, software or other materials on the My Senior Doctor web site along with any patent, copyright, trade secret, trademark, service mark or other intellectual property or proprietary right in any of the foregoing. The information available through the My Senior Doctor Services is the sole property of My Senior Doctor. You agree not to reproduce, retransmit, reassemble, reverse-engineer, distribute, disseminate, sell, publish, broadcast, or circulate the information owned by My Senior Doctor received through the My Senior Doctor Services to anyone, including but not limited to others in your organization. Use, reproduction, copying or redistribution of the My Senior Doctor logos is strictly prohibited without written permission from My Senior Doctor. The content, organization, design, graphics and other matters related to the services are protected under applicable copyrights, trademarks and other proprietary rights. My Senior Doctor shall retain all rights, title and interest in and to all of the information, content, data, designs, materials and copyrights, patent rights, trademark rights and other proprietary rights thereto provided by it pursuant to this Agreement, including but not limited to Consumers. Except as expressly provided herein, no other right or license with respect to any copyrights, patent rights, trademark rights or other proprietary rights are granted under this agreement. All rights not expressly granted hereunder by My Senior Doctor are expressly reserved to My Senior Doctor and its licensors and information and content providers.
The parties hereto expressly understand and agree that Consumer is the Consumer. Neither party, nor its agents or employees, are the representatives of the other party, for any purpose and neither party has the power or authority as agent, employee or in any other capacity to represent, act for, bind or otherwise create or assume any obligation on behalf of the other party for any purpose whatsoever.
My Senior Doctor has zero-tolerance for unsolicited bulk email, unsolicited posting to news groups or other illegal activities. The Consumer shall not infringe upon the rights of others, distribute chain letters or unsolicited bulk electronic mail ("spamming"), propagate computer worms or viruses, use a false identity, attempt to gain unauthorized entry to any site or network, infringe copyrights, trademarks, or other intellectual property rights. The Consumer further agrees to comply with Indian export laws concerning the transmission of technical data and other regulated materials via the World Wide Web. The Consumer agrees to indemnify and hold My Senior Doctor harmless for any and all acts found or suspected to be in violation hereof. The Consumer shall indemnify and hold My Senior Doctor harmless against and from losses, damages, costs, and reasonable attorneys' fees, if any, incurred in defending and/or resolving any suits brought against My Senior Doctor or any of its employees, shareholders or officers, arising from any claims, by anyone arising out of an alleged violation of any anti-spamming rules, regulations, laws, statutes, and the like. The Consumer’s account will be terminated for any of the above infractions. By accepting this agreement you are holding My Senior Doctor harmless for any and all of these actions and agree to the policies as so stated.
No term of these Terms of Use shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented. Any consent by any Party to, or waiver of a breach by the other, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
These Terms of Use contain the entire understanding of the Parties, and there are no other written or oral understandings or promises between the Parties with respect to the subject matter of these Terms of Use other than those contained or referenced in these Terms of Use.
Each Party acknowledges: (a) having fully read these Terms of Use in its entirety; (b) having had full opportunity to study and review these Terms of Use; (c) having been advised that counsel for us has acted solely on our behalf in connection with the negotiation, preparation, and execution of these Terms of Use; (d) having been advised that all parties have the right to consult and should consult independent counsel respecting their rights and duties under these Terms of Use; and (e) having had access to all such information as has been requestedEntire Agreement
You have read these Terms of Use and agree to all of the provisions contained above.