Date of Last Revision:June 06, 2015
Novosalus Technologies Pvt Ltd ("Novosalus", "company", "we", "us" or "our") provides its services to you subject to the terms and conditions of use (these "Terms") set forth in this agreement (the "Agreement"). These terms apply to the visitors and registered users of aboutmyclinic.com and reclica.com, as well to the users of our branded information and technology services and mobile applications (collectively, "sites" or "services"). Please review these Terms carefully. These terms constitute a legal and binding contract between you (the "User") and Novosalus.
We reserve the right to change our sites or services and these terms at any time.
If you are an employee, consultant, intern or any other staff or associate who in any way is associated with a clinic, physician, consultant, other healthcare facility or other healthcare professional (collectively, "Professionals") that has subscribed to our Services and the subscribing Professionals have authorized you to use the Services or you are using our services on behalf of the Professionals, this Agreement is a three-way agreement between you, the Professionals and us. Both the Professionals and we may seek recourse against you for any violation of the terms of this Agreement.
If you are a Professional, you are solely responsible for the way anyone you have authorized to use our service on your behalf uses the Services, and for ensuring that all of your users comply with all of the terms of this Agreement. Any violation of the terms of this Agreement by any such user shall be deemed to be a violation thereof by you.
1) Accessing our Services
1.1) Public Services
We make some Services available without registering or obtaining a password. We call these "Public Services." You may make personal, non-commercial use of the Public Services so long as you comply with these Terms. This personal use includes linking to information appearing in the Public Services, provided you do not represent yourself as an employee, agent or representative of Novosalus Technologies Pvt Ltd. Personal use also includes temporary caching by your browser or a proxy server.
We reserve all rights not expressly granted to you. This means that if you wish to use the Public Services in a way that is not authorized above, you must receive our permission prior to such use.
1.2) Protected Services
Some of our Services are protected by technical measures intended to safeguard the confidentiality, integrity and accessibility of sensitive information our users store and share using our Services. We call these "Protected Services." One such safeguard is requiring each user to be properly authenticated by obtaining from us a unique username (and, if applicable, a unique practice identifier), password, or other means of authorization (which we call, "Credentials"). In order to obtain Credentials, you must provide certain information about yourself. If you are registering for a Protected Service, or accessing or using, or attempting to access or use, a Protected Service on behalf of, or for the benefit of, someone other than yourself – such as your employer, client or customer (each, a "Principal") – you must also identify and provide information about each Principal as and when required by us.
Your Credentials are unique to you. You should immediately notify us at if your Credentials have been stolen or compromised. You are responsible for all activities that occur under your Credentials until you have properly notified us. Further, you represent, warrant and covenant that:
- The information you submit in obtaining your Credentials is complete and accurate and identifies you and the name of each of your Principals;
- You will not share your Credentials with anyone else;
- You will not circumvent, or attempt to circumvent, any technical measures we have put in place to safeguard the Protected Services;
- You will not, without our prior written approval, access or use, or attempt to access or use, any portion of the Protected Services other than with (i) a commercial browser (such as Chrome, Internet Explorer or Mozilla Firefox), (ii) an application made for mobile or handheld device(s) that is developed and distributed by us; and
- You will not access or use, or attempt to access or use, a Protected Service without validly-issued active Credentials.
We reserve the right to suspend or terminate your access to any Protected Service at any time, with or without cause or notice. We shall not be liable to you in any way if we suspend or terminate your access to a Protected Service or our Services.
1.3) Additional Safeguards
To further protect the confidentiality, integrity and availability of the information housed and shared on our Services, as well as the stability of our Services, you agree to the following additional safeguards. Accordingly, you agree that you will not, nor will you attempt to:
- Access, use or disseminate our Services, nor any information or files accessible via our Services, in a manner that violates any applicable law or regulation or the rights of any individual or entity;
- Sell or transfer any information included in our Services or use such information to market any product or service – including by sending, or facilitating the sending of, unsolicited emails, SMS or SPAM;
- Probe, scan or test the vulnerability of our Services, or of the system or network supporting our Services, or circumvent any security or authentication measures;
- Disable, bypass, defeat, avoid, remove, deactivate or otherwise circumvent any technical measures we have implemented to safeguard the stability of our Services, or the confidentiality, integrity or availability of any information, content or data hosted or housed on our Services;
- Introduce to our Services any software, code or other device that in any way (i) permits unauthorized access to our systems or any software, hardware, files or data located thereon, (ii) disables or damages or otherwise interferes with or adversely affects the operation of our systems or any software, hardware, files or data located thereon, or (iii) overburdens or interferes with the proper functioning of our Services;
- Disassemble, decompile or reverse engineer our Services;
- Harvest, retrieve, index or publish any portion of our Services unless you are a Public Search Engine engaging in Public Search Services;
- Remove any copyright, trademark or other proprietary rights notices contained in or on our Services; or
- Engage in any activity other than those expressly permitted in these Terms and your Agreement.
1.4) Use of the Services by Minors
You must be 18 years of age or older to register or visit or use our sites and services in any manner. By registering, visiting the sites or accepting this Agreement, you represent and warrant to us that you are 18 years of age or older, and that you have the right, authority and capacity to use our sites and agree to and abide by this Agreement. Under no circumstances may our Services be used by a person under 18 years old.
1.5) Use of the Services by Minors
Access to our Services is administered in India and is intended for users in India. You may not use our Services in any jurisdiction where offering, accessing or using our Services would be considered illegal or unlawful.
2) Nature of the Content Appearing on our Services
Our Services may include text, data, graphics, images, video or other content (collectively, "Content") created by us or third parties, including other users, professionals, partners, advertisers, sponsors, consumers and governmental agencies. The Content is provided for general informational purposes, but should not be relied upon for personal, professional, medical or regulatory decisions. We cannot ensure the completeness, timeliness or accuracy of the Content provided on our sites or through our services.
2.2) Listings and Websites: Clinics, Physicians, Consultants, and Other Professionals
Our Services include listings and websites ("Directories") to help you find clinics, physicians, healthcare professionals, consultants or other professionals (collectively, "Professionals"). The Directories are provided for your information and convenience only. We may not verify all Professionals and listing of Professionals does not in any way constitute our recommendation or endorsement of such Professionals or reliability or accuracy of their services. Before obtaining services or treatment from any Professional listed in a Directory, you should take the same care you would under any other circumstance, including by confirming licensure or specialty certifications etc. The Professionals are solely responsible for the accuracy of the information they provide to us or appropriateness and quality of services they provide to you. Additionally, the Directories rely on information submitted by Professionals themselves. Unless Professionals provide us with current information, the Directory information may not be current or accurate. As a convenience, our Services may permit you to make an enquiry to obtain a cost estimate for a treatment or procedure or to request an appointment with a Professional. However, Professionals are responsible for providing correct and accurate description of treatment or procedure and its cost or maintaining their own schedules for appointments. We are not responsible for the accuracy and validity of cost estimates given by Professionals. Similarly, we can neither guarantee a confirmed appointment with Professionals nor can we guarantee that Professionals will not cancel or reschedule their appointment with you.
We do not recommend or endorse any tests, procedures, opinions, prescriptions, or other information that may appear on our Sites. If you rely on any of the information provided by the Sites, you do so solely at your own risk.
2.3) Ratings; Recommendations and Health Information
Our Services allow you to access ratings, recommendations, blogs, message boards, chat services, surveys and other forums (collectively "Public forum") where various users can share information, opinions, chats or other information ("Content"). Our Services allow you to access or publish news or updates or events related to Professionals and information on health related topics & conditions in the format including but not limited to text, articles, illustrations, diagrams, graphics, videos, sides, multimedia (collectively “Health Information”). If you are contributing in creating such Content or Health Information, we may verify your identity by sending you verification code by SMS or Email or in certain cases by calling you before such information is posted on the site. If you are publishing Content or Health information you’re solely responsible for what you publish and assume all risks associated with it, including anyone else’s reliance on its accuracy or legal claims that might stem from such a publication. By publishing Content or Health Information, you represent that you have the necessary rights to publish that material, and that doing so doesn’t conflict with any licenses you may have granted to others. We don’t pre-screen anyone’s Content or Heath Information for accuracy, reliability, relevancy or authenticity. However, we have the right to review and remove or disable access to any information on our sites for any reason. We assume no liability for anything that you or anyone else publishes on our sites.
Our Services may also include ratings, recommendations or testimonials ("Evaluations") from patients, clients or other customers ("Patients") of Professionals that may endorse, recommend, critique, analyze, evaluate or otherwise describe the Professionals and the nature or quality of the services received by such patient, client or customer. Such Evaluations are anecdotal first-hand accounts of individual Patients, and are neither professional judgments nor the product of medical science. Further, Evaluations are subject to errors and biases that are common in anecdotal first-hand accounts, and should not to be presumed to be reliable or error-free.
Nothing stated, posted or published on the Site or available through any of our services is intended to be, and must not be taken to be the practice of medicine or the provision of medical care or as a substitute to medical advice.
Our Services may include advertisements or promotional messages sponsored by third parties (collectively, "Ads"). The manufacturers, service providers, distributors and resellers of the products and services identified in the Ads are solely responsible for the accuracy of their Ads and the suitability, efficacy, safety and quality of such products or services.
2.5) Links to Other Sites
Our Services may contain hyperlinks (including hyperlinked Ads) to websites operated by third parties, or to materials or information made available by third parties. Such links do not constitute or imply our endorsement of such third parties, or of the content of their sites, or the suitability, efficacy, safety or quality of their products or services, or the information privacy or security practices of their websites.
2.6) No Medical Advice
We do not directly or indirectly practice medicine, render medical advice, or dispense medical services via our Services or otherwise, and nothing contained in our Services should be intended to be a medical diagnosis or treatment. The information you obtain from our services is not intended as a substitute for, nor does it replace professional medical advice, diagnosis, or treatment. No medical professional/patient relationship is created by your use of our Services or the Content. Always seek the advice of your physician or other qualified health professional with any questions you may have regarding a medical condition, and never disregard professional medical advice or delay seeking treatment based on any Content or other information included in the Services. Do not use our services for emergency, critical and acute medical needs. Your use of information provided by our services is solely at your own risk.
3) User Interactions and Communications with Us and Our Services
3.1)Visiting Our Websites; Signing-Up for Our Services; Emailing Us
As part of providing our Services to you, we may need to provide you with certain communications, such as administrative messages and service announcements. Such communication may be made by SMS, email, instant message or some other mechanism. You consent to receive such communications from us. If you have registered for one or more of the Protected Services, our Service announcements and administrative messages we provide you are considered part of the Protected Services themselves, which you may not be able to opt-out from receiving until you cease using, or deactivate your Credentials to, such Protected Services.
You agree that all agreements, notices, authorizations, disclosures and other communications that we provide to you electronically, as well as any acceptances, agreements, consents or authorizations that you provide to us electronically, satisfy any and all legal requirement(s) that such communications be in writing.
3.2) Your Participation in Our Public Forums
We may offer one or more forums for the exchange of information among our users. You acknowledge that any Content that you submit in Public Forum is available to the public. Notwithstanding the foregoing, we are under no obligation to display any of your Content that you submit, and we reserve the right to remove or edit your Content at any time, for any or no reason
It is important that you act responsibly when submitting Content to a Public Forum. You acknowledge that any Content that you submit in a Public Forum is available to the public. You are solely responsible for any Content that you post on the Public Forums or transmit to other users of our Services. You acknowledge that any information you post in a Public Forum may be available to the public, and may result in your receiving communications from others outside our Services.
Your participation in our Public Forums is contingent on your acknowledgment and agreement with the following:
3.3) Standards of Interactions
User is not permitted to host, display, upload, modify, publish, transmit, update or share any information that:
- Violates any law for the time being in force;
- Violates any regulations pertaining to professional conduct, etiquette and ethics applicable to the healthcare providers or clinical establishments for the time being in force
- Belongs to another person and to which the User does not have any right to;
- Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, 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;
- Harm minors in any way;
- Infringes any patent, trademark, copyright or other proprietary rights;
- Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- Impersonate another person;
- Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- 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 cognisable offence or prevents investigation of any offence or is insulting any other nation.
3.4) Removal of Content
You understand and agree that we may, but are not obligated to, monitor, edit or remove any Content for any or no reason at any time. We are not responsible for any delay or failure in removing any Content or any events or consequences related to such content.
3.5) Reporting Violations and Inaccuracies
We may provide you with tools with which to report violations or inaccuracies of the Standards of Interactions or other provisions of these Terms. Notwithstanding the availability of such tools, you acknowledge and agree that we are under no obligation to take any action with respect to any such report. In appropriate circumstances, we reserve the right to terminate a user's account if the violation of terms by the user is considered severe.
4.1) Copyrights and Ownership
You retain ownership of the intellectual property rights you hold in Content you submit on our Services. When you submit Content on our Services, you grant us and those we work with us a worldwide, royalty-free right to store, host, reproduce, create derivative works of (such as translations, adaptations, reformatted versions and anonymized or de-identified versions), publish, publicly perform, display, use and distribute such Content.
Some content on this Site is protected by copyrights, trademarks, and other intellectual property rights that are owned and controlled by us or by other parties that have licensed their material to us. User shall not use, modify, display, distribute or otherwise use such Content or reproduce it for personal gains or commercial purposes.
We reserve the right to monitor any and all use of our Services, and investigate any activity we suspect violates these Terms, the Agreement, our rights or interest, or the rights or interests of any person or entity.
We reserve the right, to the fullest extent permitted under law, to cooperate with any governmental authority or third party investigating conduct that may be illegal or harm any individual or entity or violates their respective rights. You hereby consent to our cooperation in such investigation.
User agrees to indemnify defend and hold harmless Novosalus, its affiliates, employees, directors, officers, consultants, licensors, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from his/her/ its access to or use of Services, violation of this Agreement, or infringement, or infringement by any other user of his/her/its account, of any intellectual property or other right of any person or entity. We will notify you promptly of any such claim, loss, liability, or demand, and in addition to your foregoing obligations, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
4.4) Disputes; Governing Law; Jurisdiction
The interpretation of these Terms and the resolution of any disputes arising under this Agreement shall be governed by the laws of India. The place of jurisdiction shall be in Pune.
You agree and acknowledge that we may suspend or terminate your authorization to access any of our Services, with or without notice or cause, for any or no reason, and without any liability to you.
Access to our services and the information and content contained thereon is provided "as is" and "as available" and we hereby expressly disclaim all warranties of any kind, whether expressed, implied, statutory or otherwise, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, non-infringement and title. We do not warrant that the services will be uninterrupted, error free or without breaches of security and you agree that you are solely responsible for any and all acts or omissions taken or made in reliance on our services or the information in our services, including inaccurate or incomplete information. We expressly disclaim any liability with respect to any injury caused by any user, or any damage suffered by any user, as a result of the actions or inactions of any other user. If you are dissatisfied with our services or any content, your sole and exclusive remedy is to discontinue using and accessing our services. some jurisdictions do not allow the exclusion or limitation of implied warranties, so in these jurisdictions the above limitations or exclusions may not apply to the user.
4.7) Risks You Assume
Risks you assume without limiting any of the other risks we have disclosed to you in these terms, you are solely responsible for your use of our services, including any content you submit to use and you expressly acknowledge and agree that your use and access to our services and the information and content contained therein, and any sites linked through our services and any data transmitted through our services is at your sole risk. Accordingly, we do not assume any liability to you for or relating to any of your actions, including the publication of any content you submit or our exercise of the rights you grant to us with respect thereto.
4.8) Limitation of Liability
In no event shall we or any of our subsidiaries or affiliates, or our respective officers, directors, employees, agents, representatives, partners and licensors (collectively, the "Novosalus entities") be liable for any special, indirect, consequential, or exemplary damages, including, but not limited to, loss of profits or revenues, loss of use, loss of goodwill or loss of information, however caused and whether based on contract, warranty, negligence, strict liability, or any other theory of liability, even if we have been apprised of the possibility or likelihood of such damages. Notwithstanding anything in these terms to the contrary, our aggregate liability in respect of any claim or action you may bring against us or any of the Novosalus entities, regardless of form of action or theory of liability, shall be limited to inr 1000
If any provision of these Terms is held to be deemed invalid or unenforceable, then (a) that provision shall be construed to the extent necessary to make it valid and enforceable in such a manner as comes closest to preserving the intentions of such provision, and (b) the remaining provisions shall remain in full force and effect.
4.10) No Waiver
Our failure at any time to require performance by you of any provision of these Terms shall in no way affect our right to enforce such provision, nor shall the waiver of any breach by you of any provision herein constitute a waiver of any succeeding breach or the provision itself.
We may freely assign these Terms in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
We may amend, update or change our Services or the provisions set forth in these Terms from time to time and recommend that you review these Terms on a regular basis. You understand and agree that your continued use of our Services after these Terms have been updated or changed constitutes your acceptance of the revised Terms. Without limiting the foregoing, if we make a change to these Terms that materially affects your use of the Services, we may post notice or notify you via email or our website(s) of any such change. If at any time you choose not to accept these Terms, including following receipt of notification of any modifications hereto, then please do not use the Site. The most current version of the Terms shall govern and supersede all previous versions.