EthiMed General Terms And Conditions For Users:

Acceptance of terms

Thank you for using Ethimed. These Terms of Service [hereinafter referred to as the Terms] are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of the Ethimed website at www.ethimed.com [hereinafter referred to as the EthiMed Platform] including but not limited to delivery of information via the website whether existing now or in the future that link to the Terms.

These Terms are effective for all existing and future Ethimed users, including but without limitation to users having access to to manage their claimed business listings.

Please read these Terms carefully. By accessing or using the Ethimed Platform, you are agreeing to these Terms and concluding a legally binding contract with Ethimed Healthcare Services Private Limited. You may not use the Services if you do not accept the Terms or are unable to be bound by the Terms. Your use of the Ethimed Platform is at your own risk, including the risk that you might be exposed to content that is objectionable, or otherwise inappropriate.

In order to use the Services, you must first agree to the Terms. You can accept the Terms by:

  • Clicking to accept or agree to the Terms, where it is made available to you by Ethimed in the user interface for any particular Service; or
  • Actually using the Services. In this case, you understand and agree that Ethimed will treat your use of the Services as acceptance of the Terms from that point onwards.

Please note that by accepting these General Terms for Users, you also accept the Pass Terms for Users and the EthiMed Privacy Policy. All of which are available for you to read at any time, by simply accessing the information section of the EthiMed Platform

Definitions
User

User or You or Your refers to you, as a user of the Services. A user is someone who accesses or uses the Services for the purpose of sharing, displaying, hosting, publishing, transacting or uploading information or views or pictures and includes other persons jointly participating in using the Services including without limitation a user having access to ?partner?s business page? to manage claimed business listings or otherwise.

Content
  • Content will include (but shall not be limited to) reviews, location data, nearby places, and all other forms of information or data.
  • Your content or User Content means content that you upload, share or transmit to, through or in connection with the Services, such as medical quires, list of appointments, reviews, profile information, and any other materials that is intended to be viewed by Ethimed and/or by the Partner.
  • Your content or User Content means content that you upload, share or transmit to, through or in connection with the Services, such as medical quires, list of appointments, reviews, profile information, and any other materials that is intended to be viewed by Ethimed and/or by the Partner.
  • Third Party Content means content that comes from parties other than Ethimed or its users and is available on the Services.
Partner(s)

Partner means the hospitals as well as clinics listed on Ethimed Platform

Eligibility to use the Services
  • You hereby represent and warrant that you are at least 18 [Eighteen] years of age or above and are fully able and competent to understand and agree the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms.
  • You hereby represent that if you are under the age of 18 [Eighteen] years of age, you are accompanied by a person, who is above 18 [Eighteen] years of age and that person shall be responsible and liable for all the actions take by you on his and/or her behalf.
  • Compliance with Laws You hereby further represent that you are in compliance with all laws and regulations in the country that govern the services provided by Ethimed, while you are availing and/or using the services. You agree to use the Services only in compliance with these Terms and applicable law, and in a manner that does not violate legal rights of Ethimed or those of any third party(ies).
Changes to the Terms

Ethimed may vary or amend or change or update these Terms, from time to time entirely at its own discretion. You shall be responsible for checking these Terms from time to time and ensure continued compliance with these Terms. Your use of Ethimed Platform after any such amendment or change in the Terms shall be deemed as your express acceptance to such changed and/or amended terms and you also agree to be bound by such changed and/or amended Terms.

Translation of the Terms

Ethimed may provide a translation of the English version of the Terms into other languages. You understand and agree that any translation of the Terms into other languages is only for your convenience and that the English version shall govern the terms of your relationship with Ethimed. Furthermore, if there are any inconsistencies between the English version of the Terms and its translated version, the English version of the Terms shall prevail over others.

Provision of the services being offered by Ethimed
  • Ethimed is constantly evolving in order to provide the best possible experience and information to its users. You acknowledge and agree that the form and nature of the Services which Ethimed provides, may require effecting certain changes in it, therefore, Ethimed reserves the right to suspend/cancel, or discontinue any and/or all products and/or services at any time without notice, make modifications and alterations in any or all of its contents, products and services contained on the Ethimed Platform without any prior notice.
  • You also acknowledge and agree that if Ethimed disables access to your account, the user may be prevented from accessing the Services, your account details or any files or other content, which is contained in your account.
  • By using Ethimeds Services you agree to the following disclaimers
    • The Content on these Services is for informational purposes only. Ethimed disclaims any liability for any information that may have become outdated since the last time the particular piece of information was updated. Ethimed reserves the right to make changes and corrections to any part of the Content on these Services at any time without prior notice. Unless stated otherwise, all information contained on these Ethimed Platform are believed to be owned by or licensed to Ethimed. Please email a takedown request [by using the Contact Us link on the home page] to the webmaster if you are the copyright owner of any Content and you think the use of the above material violates your Copyright in any way. Please indicate the exact URL of the webpage in your request. All images shown here have been digitized by Ethimed. No other party is authorized to reproduce or republish these digital versions in any format whatsoever without the prior written permission of Ethimed.
    • Ethimed does not guarantee quality of the medical consultation and/or related service provided by the Partner. Any negligence committed by the Partner while providing consultation to the User, Ethimed shall not be in any way responsible for the same. Ethimed is only a service provider who shall provide service of fixing appointment for consultation with the Partner and shall not be liable for any medical negligence committed by the Partner. All legal actions that the User may take shall be taken against the Partner alone. The User agrees that no legal action can be taken against Ethimed pertaining to the negligence in service provided by the Partner.
    • Any certification, licenses or permits [hereinafter referred to as Certification] or information in regard to such Certification that may be displayed on the Partner?s listing page on the Ethimed Platform is for informational purposes only. Such Certification is displayed by Ethimed on an ?as available? basis that is provided to Ethimed by the Partner(s). Ethimed does not make any warranties about the validity, authenticity, reliability and accuracy of such Certification or any information displayed in this regard. Any reliance by a User upon the Certification or information thereto shall be strictly at such User?s own risk and Ethimed in no manner shall assume any liability whatsoever for any losses or damages in connection with the use of this information or for any inaccuracy, invalidity or discrepancy in the Certification or non-compliance of any applicable local laws or regulations by the Partner.
    • Ethimed reserves the right to charge subscription and/or membership fees from a user, by giving reasonable prior notice, in respect of any product, service or any other aspect of the Ethimed anytime in future.
Use of services by User
Ethimed User Account:-
  • You must create an account in order to use some of the features offered by the Services. Use of any personal information you provide to us during the account creation process is governed by our Ethimed Privacy Policy. You must keep your password confidential and you are solely responsible for maintaining the confidentiality and security of your account, all changes and updates submitted through your account, and all activities that occur in connection with your account.
  • You may also be able to register to use the Services by logging into your account with your credentials from certain third party social networking sites (e.g., Facebook or Google). You confirm that you are the owner of any such social media account and that you are entitled to disclose your social media login information to us. You authorize us to collect your authentication information, and other information that may be available on or through your social media account consistent with your applicable settings and instructions.
  • In creating an account, you represent to us that all information provided to us in such process is true, accurate and correct, and that you will update your information as and when necessary in order to keep it accurate. You may not impersonate someone else, create or use an account for anyone other than yourself and provide an email address other than your own.
  • You are also responsible for all activities that occur in your account. You agree to notify us immediately of any unauthorized use of your account in order to enable us to take necessary corrective action. You also agree that you will not allow any third party to use your Ethimed account for any purpose and that you will be liable for such unauthorized access.
  • By creating an account, you agree to receive certain communications in connection with Ethimed Platform or Services. You can opt-out or manage your preferences regarding non-essential communications through account settings.
Others Terms:-
  • You agree to use the Services only for purposes that are permitted by the Terms and/or any applicable law / legislature, regulation or generally accepted practices or guidelines in the relevant jurisdiction
  • You agree to use the data owned by Ethimed only for personal use / purposes and not for any commercial use unless agreed to by Ethimed in writing.
  • You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services). You shall not delete or revise any material or information posted by any other User(s), shall not engage in spamming, including but not limited to any form of emailing, posting or messaging that is unsolicited.
Disclaimer of Warranties, Limitation of Liability, and Indemnification
Disclaimer of Warranties:-

You acknowledge and agree that the services are provided as is and as available and that your use of the services shall be at your sole risk. To the fullest extent permitted by applicable law, Ethimed, its affiliates and their respective officers, directors, employees, agents, affiliates, branches, subsidiaries, and licensors [herein after referred to as Ethimed Parties] disclaim all warranties, express or implied, in connection with the services and your use of them. To the fullest extent permitted by applicable law, the Ethimed Parties make no warranties or representations that the services have been and will be provided with due skill, care and diligence or about the accuracy or completeness of the services' content and assume no responsibility for any:

  • a. Errors, mistakes, or inaccuracies of content,
  • b. Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the services,
  • c. Any unauthorized access to or use of our servers and/or any and all personal information stored therein,
  • d. Any interruption or cessation of transmission to or from the services
  • e. Any bugs, viruses, trojan horses, or the like which may be transmitted to or through the services through the actions of any third party,
  • f. Any loss of your data or content from the services, and/or
  • g. Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the services.

Any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk, you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material. Ethimed Parties will not be a party to or in any way be responsible for monitoring any transaction between you and the Partner. You are solely responsible for all of your communications and interactions with other users of the services and with other persons with whom you communicate or interact as a result of your use of the services. No advice or information, whether oral or written, obtained by you from Ethimed or through or from the services shall create any warranty not expressly stated in the terms. Unless you have been expressly authorized to do so in writing by Ethimed, you agree that in using the services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

Limitation of Liability:-

To the fullest extent permitted by applicable law, in no event shall the Ethimed Parties be liable to you for any damages resulting from any of the following:

  • a. Errors, mistakes, or inaccuracies of content, and/or
  • b. Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the services, and/or
  • c. Any unauthorized access to or use of our servers and/or any and all personal information stored therein, and/or
  • d. Any interruption or cessation of transmission to or from our servers, and/or
  • e. any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the services by any third party, and/or
  • f. Any loss of your data or content from the services, and/o
  • g. Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, transmitted, or otherwise made available via the services, whether based on warranty, contract, tort, or any other legal theory, and whether or not the Ethimed Parties are advised of the possibility of such damages, and/or
  • h. The disclosure of information pursuant to these terms or our Privacy Policy, and/or
  • i. Your failure to keep your password or account details secure and confidential, and/or
  • j. Loss or damage which may be incurred by you, including but not limited to loss or damage as a result of reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the services, and/or delay or failure in performance resulting from causes beyond Ethimed?s reasonable control. In no event shall the Ethimed Parties be liable to you for any indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, however caused and under any theory of liability, including but not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss.
Indemnification:-

You agree to indemnify, defend, and hold harmless the Ethimed Parties from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with:

  • a. Your content,
  • b. Your unauthorized use of the services, or products or services included or advertised in the services;
  • c. Your access to and use of the services;
  • d. Your violation of any rights of another party; or
  • e. Your breach of these Terms, including, but not limited to, any infringement by you of the copyright or intellectual property rights of any third party.

We retain the exclusive right to settle, compromise and pay, without your prior consent, any and all claims or causes of action which are brought against us. We reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us and you agree to cooperate with our defence of these claims. You agree not to settle any matter in which we are named as a defendant and/or for which you have indemnity obligations without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Termination of your access to the services

You can delete your account at any time by contacting us via the Contact Us link at the bottom of every page or by following this process: Go to Profile > Setting > Security > click on the 'Delete Account' button and ceasing further use of the Services.

We may terminate your use of the Services and deny you access to the Services in our sole discretion for any reason or no reason, including your:

  • Violation of these Terms; or
  • Lack of use of the Services.

You agree that any termination of your access to the Services may be affected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and/or bar any further access to your account or the Services. If you use the Services in violation of these Terms, we may, in our sole discretion, retain all data collected from your use of the Services. Further, you agree that we shall not be liable to you or any third party for the discontinuation or termination of your access to the Services.

General terms
Interpretation:-

The section and subject headings in these Terms are included for reference only and shall not be used to interpret any provisions of these Terms.

Entire Agreement and Waiver:-

The Terms, together with the 'EthiMed Privacy Policy', shall constitute the entire agreement between you and Ethimed concerning the Services. No failure or delay by Ethimed in exercising any right, power or privilege under the Terms shall operate as a waiver of such right or acceptance of any variation of the Terms and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of that right or the exercise of any other right, power or privilege.

Severability:

If any provision of these Terms is deemed unlawful, invalid, or unenforceable by a judic these Terms, and the remainder of the Terms shall continue in full force and effect.

Partnership or Agency:

None of the provisions of these Terms shall be deemed to constitute a partnership or agency between you and Ethimed and you shall have no authority to bind Ethimed in any form or manner, whatsoever.

Governing Law/Waiver:
For Users:-

These Terms shall be governed by the laws of India. The Courts of law at Hyderabad shall have exclusive jurisdiction over any disputes arising out of this Agreement.

For all Users:-

You must commence all legal action against us within 1 [One] Year from the date on which the alleged harm has been caused. Failure to commence the action within that period shall forever bar any claims or causes of action regarding the same facts or occurrence, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by Ethimed to enforce or exercise any provision of these terms or any related right shall not constitute a waiver of that right or provision.

Carrier Rates may Apply:

By accessing the Services through a mobile or other device, you may be subject to charges by your Internet or mobile service provider, so check with them first if you are not sure, as you will be solely responsible for any such costs incurred.