Use of the Platform

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1. Access by minors: The Platform is intended only for access and use by individuals who are at least eighteen (18) years old. By accessing or using the Platform, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this Agreement and abide by all of the terms and conditions of this Agreement. If you are not at least eighteen (18) years old, you are prohibited from both access and usage of the service.
2. Purpose: You should only use this Platform for purposes intended under this Agreement. You should not use the Platform for any illegal, immoral, offensive purpose or for any other purpose that may infringe or violate any applicable laws and regulations.
3. Electronic Medical Record (EMR) System: Once you have booked your appointment through the Platform, you will be re-directed to our EMR website, where you can upload your medical records, diagnosis reports and thereafter interact and seek the HCP consultation. For the purpose of these Agreements, EMR system shall be considered as third-party website, and all the terms and conditions of the third-party website shall apply.
4. Communications and notifications: You understand that as part of your registration process and while using the Platform, you may receive communications from the Company on your registered mobile number and/or email id. Therefore, it is important that you share the correct contact details while registering. These communications may be related to (a) your registration process, (b) for authenticating your transactions on the Platform, (c) sending notifications or updates, (d) appointments, (d) promotional offers and information for your attention. You hereby consent to receiving the communications on your registered phone number via SMS and/or WhatsApp and/or on your registered email id.
5. Account: Once you register and create an account on the Platform, you should ensure that your log-in credentials including your password are kept confidential. You will be solely responsible for any intentional or unintentional activities, omissions and commissions on or through your account, whether or not authorized by you. You shall immediately notify the Company of any actual or suspected unauthorized use of your account and /or password. The Company will not be liable for any direct or indirect damage or loss caused by such unauthorized use of your account. Whereas, you may be held liable for the damage or loss caused to the Company due to such unauthorized use.
6. Hosting Services: You understand and agree that the Company merely provides hosting services to you. We are not in the business of providing healthcare services. You understand and agree that the Company and the Platform shall have no liability with respect to the authenticity of the services that are facilitated through the Platform.

Role of Company

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1. The Company (i) does not recommend or endorse any HCPs mentioned on the Platform; and (ii) does not make any representations or warranties with respect to HCPs or the quality of the healthcare services they may provide, and (iii) does not grade physicians.
2. The service provided by the Company aims to offer additional insights and recommendations based on the information provided by you. It is not intended to replace a comprehensive, in-person medical examination.
3. You should be aware that important information that is usually collected during an in-person examination / consultation may not be available, which limits the diagnosis of a condition, illness or injury.
4. The Company reserves the right to monitor and remove any content uploaded by the User if such content is in violation of this Agreement or any applicable law and best practices.
5. If Company suspects any illegal, wrongful or fraudulent activity on the Platform by any User, notwithstanding any other rights Company may have, Company reserves the right to inform the relevant government or law enforcement authorities. Company will cooperate in all investigative procedures or requests for access /information initiated by any such government or law enforcement authorities.

Links to Third Party Websites

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1. The Platform may have links to third party websites/applications or service providers, including advertisers and e-commerce websites (collectively “Third Party Websites”). The company does not endorse any Third-Party Websites that you may be directed to from the Platform.
2. Please exercise your independent judgment and prudence when visiting / using any Third-Party Websites via a link available on the Platform. Your usage of such Third-Party Websites and all content available on such Third-Party Websites is subject to the terms of use of the respective Third- Party Website and Company is not responsible for your use of any Third Party Websites.

Proprietary Rights

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1. MyAmericanDoctor, its technology, computer programs, codes, all information and content available thereon, images, logos, trade names, domain names, service marks and other materials on it, including the look and feel of the Platform, are the exclusive intellectual property of the Company and/or its affiliates.
2. Any unauthorized reproduction, republication, distribution, display, transmission, sale, or any other use and/or duplication of any material available on Platform, without express and written approval of Company shall be violation of the relevant intellectual property laws. Company and its affiliates reserve the right to initiate and pursue any and all necessary legal and/ or other action against any such user for infringement of Company and/ or its affiliates’ intellectual property.
3. You agree that you are the owner of all rights (including all intellectual property rights) associated with the content, as the case may be.

Limitation of Liability

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In no event will the Company be liable for any indirect, incidental, special or consequential damages, or for any lost profits, lost savings, loss of use, lost revenues or lost data arising from or relating to the Platform or this Agreement, even if the company have been advised of the possibility of such damages. Company will not be responsible for any compensation, reimbursement, or direct damages arising in connection with your use of the Platform, your inability to use the Platform. The Company’s aggregate liability under this Agreement will be limited to the platform fees paid by you under this Agreement preceding the claim.

Platform Representation and Warranties

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1. The content and all the services associated with the Platform are provided to you on “as-is” and “as available” basis. The Company neither expressly or impliedly represents regarding (a) the accuracy, reliability or completeness of the content on the Platform, or (b) the effectiveness of the online consultation provided by the HCP. You expressly agree and acknowledge that you are voluntarily using the Platform.
2. Company assumes no responsibility and/or liability with respect to any content which you may post on the Platform and you are solely responsible for such content posted on the Platform.
3. The Company shall invest its best efforts to provide the features on the Platform.
4. Company engages and employs the best methods to safeguard and protect against viruses, malware, et cetera, however, despite such best efforts, Company makes no representation, warranty or guarantee that the content on the Platform is free of such viruses, bugs or malware, etc. that contain contaminating or destructive properties or are intended to damage, surreptitiously intercept or expropriate any system, data or personal information.

User Representation and Warranties

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1. You are 18 years of age or older and your use of the Platform shall not violate any applicable law or regulation.
2. All registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information.
3. You as a Registered User will use the Platform solely for your personal and non-commercial use. Any use of this Platform or its content other than for personal purposes is strictly prohibited.
4. You will not delete or modify any content of the Platform 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.
5. You will not decompile, reverse engineer, or disassemble the content.
6. You will not remove any copyright, trademark registration, or other proprietary notices from the Platform. You further agree not to access or use this Platform in any manner that may be harmful to the operation of this Platform or its content.
7. You will not host, display, upload, modify, publish, transmit, update or share any information that:

1. belongs to another person and to which the User does not have any right to;
2. is grossly harmful, harassing, offensive, defamatory, obscene, pornographic, 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;
3. harm minors in any way;
4. infringes any patent, trademark, copyright or other proprietary rights(s), violates any law for the time being in force;
5. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
6. impersonate another person;
7. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
8. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

Termination

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1. The Terms shall remain in full force and effect unless and until the Registered User or HCP’s account is terminated in accordance with the Terms.
2. You may deactivate the account with My American Doctor and request for deleting your data at any time, for any reason by sending an email report@myamericandoctor.com, which shall be authenticated with a One Time Password (“OTP”) sent on your registered email address and / or registered phone number, provided that such termination shall not absolve you of any liability towards the Company arising from your use of the Platform.
3. The Company may at its sole discretion, suspend or terminate your use of the Platform, and/or the account, at any time, for any actual or alleged breach of Terms. After such suspension or termination, you will not have any right to use or access this Platform.
4. Subject to applicable law, the Company reserves the right to maintain, delete or destroy all communications or materials posted or uploaded on to this Platform pursuant to its internal record retention and/or content destruction policies.
5. The Company further reserves the right to terminate these Terms or discontinue all or few services provided through this Platform or any portion or feature thereof for cause or convenience at any time without any liability towards you or any other third party.
6. The Company will not be liable to you for any costs, expenses, or damages as a result of the termination of these Terms.

Indemnification

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You will indemnify and hold harmless the Company and/or its affiliates, directors, employees, and agents against any claim, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) suffered on account of fraud, willful neglect, alleged infringement, misappropriation of intellectual property rights and loss of data done and/or caused by your use of the Platform, or your breach of provisions of this Agreement or any negligent or intentional wrongdoing on your part arising out of claim brought against the Company by any third party.

Governing Law and Jurisdiction

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1. These Terms shall be governed by, interpreted and construed in accordance with the laws of Telangana, India.
2. You hereby consent to the exclusive jurisdiction and venue of courts in Hyderabad, Telangana State in all disputes arising out of or relating to the use of the Platform, without regard to principles of conflict of laws.

Modifications

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1. Company reserves the right to modify or amend any part of this Agreement at any time without giving you prior notice.
2. Once the Terms are updated, the Platform shall promptly notify you of such updates. If you do not agree to the amendments, please do not use the Platform any further. For continued use of the Platform, it is mandatory to accept the terms, and you may proceed thereafter.

Miscellaneous

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1. These Terms shall be interpreted, construed and enforced in accordance with the laws as applicable in India without regard to conflict/choice of law principles. In the event that any provision of these Terms is held to be invalid or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms shall remain in full force and effect.
2. No waiver of any breach or default of this Agreement shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used in this Agreement should not be used for any interpretative purposes as these are for your convenience only.
3. All the rights and obligations of the Company under these Terms are freely assignable by the Company in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
4. All notices and other communications required or permitted hereunder to be given 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 as set forth below:

5. The Company shall not be liable for any downtime or delay or unavailability of the Platform caused by circumstances beyond Company’s reasonable control, including without limitation, acts of God, acts of government, floods, fires, earthquakes, civil unrest, acts of terror, strikes or other labour problems, internet service provider failures or delays, or denial of service attacks.
6. You may not assign or sub-license, without the prior written consent of Company, the rights, duties or obligations under this Agreement, in whole or in part, to any person or entity.
7. The Application uses temporary cookies to store certain data (that is not sensitive personal data or information) that is used by the Company for the technical administration of the Platform, research and development, and for user administration. In the course of serving advertisements or optimizing the services to you, the Platform may allow authorized third parties to place or recognize a unique cookie on your web browser. Company does not store personally identifiable information in the cookies.

Entire Agreement

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These Terms, including Privacy Policy, constitutes the entire agreement between you and the Company and governs your use of the Platform, superseding any prior agreements between you and the Company with respect to the Platform.