Terms and Conditions of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY AS THESE ARE LEGALLY BINDING AND THEY GOVERN YOUR ACCESS, ATTEMPT TO ACCESS THE WEBSITE AND USE OF THE SERVICES.

1

Acceptance of terms and modifications

1.1

About us

www.imedicalhub.com(“Website”) is a website owned and operated by iMedicalHub Private Limited (“we” or “us” or “our” or “iMedicalHub”). It is a web-based platform attending to health care needs, maintaining digital health records, and offers proactive detection and healthcare tips against health issues. Websiteconnects the ones who need medical care and attention with the ones who can deliver the same (all collectively referred to as “User” or “You”). To achieve this, we have published the website [as well as the software and applications provided by us, together with the website referred to as Services (“Services”). Your use of the Services is subject to this Privacy Policy and Terms of Useand respective documents as may be specified by iMedicalHub.All visitors of the Website, including but not limited to Casual Visitors, Practitioners and End Users are referred to as Users.

1.2

Electronic Agreement

This Agreement is an electronic contract that sets out the legally binding terms of your use of the Website and your registration for the Service. BY VISITING THIS WEBSITE OR USING ANY OF OUR SERVICES OR GIVING US YOUR INFORMATION, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF USE AND OUR POLICIES, INCLUDING INTER-ALIA THE PRIVACY POLICY AND HEREBY CONSENT TO OUR COLLECTION, USE, SHARING, DISCLOSURE OF INFORMATION AS PER THE PRIVACY POLICY.

Additional terms related to the specific services shall be specified in the respective document and shall govern your use of services.

1.3

Modifications

OUR TERMS AND CONDITIONS ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE. IT IS YOUR RESPONSIBILITY TO REVIEW THESE TERMS AND CONDITIONS PERIODICALLY FOR UPDATES/ CHANGES. USING OR ACCESSING THIS WEBSITE OR AVAILING SERVICES INDICATES YOUR CONTINUING ACCEPTANCE OF ANY UPDATES TO THE TERMS AND CONDITIONS.

IF YOU DO NOT UNDERSTAND, ACCEPT AND AGREE TO ANY OF THE ABOVE, YOU ARE NOT AUTHORISED TO ACCESS OR USE THE WEBSITE OR SERVICES, IN ANY WAY, AND YOU SHOULD IMMEDIATELY LEAVE, EXIT, END YOUR SESSION, CANCEL YOUR APPOINTMENT AND CLOSE YOUR CONNECTION.YOUR FAILURE TO DO ANY AND ALL OF THE FOREGOING SHALL IMPLY YOUR CONSENT TO THIS AGREEMENT.

2

Use, eligibility, acknowledgement

2.1

NOT FOR EMERGENCY USE

THE SITE IS NOT INTENDED FOR USE IN A MEDICAL EMERGENCY OR IN CASE OF AN URGENT HEALTHCARE NEED. IF YOU ARE FACING A MEDICAL EMERGENCY PLEASE CONTACT AN AMBULANCE SERVICE OR HOSPITAL DIRECTLY.

2.2

No doctor patient relationship

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 iMedicalHub 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.

2.3

Eligibility

Use of the Website or Services is available only to persons who can form legally binding contracts. Persons who are "incompetent to contract" within the meaning of the applicablelaw including minors, un-discharged insolvents etc. are not eligible to use the Website or Services. If You are a minor i.e. under the age of 18 years, You shall not register as a User of the Website and shall not transact on or use the Website or avail Services. As a minor if You wish to use or transact on website, such use or transaction may be made by your legal guardian or parents on the Website. We reserve the right to terminate your registration and/ or refuse to provide You with access to the Website or Services if it is brought to our notice or if it is discovered that You are not eligible as per this Agreement.

2.4

Acknowledgment

By using the Website, You acknowledge and agree that (a) the Service is provided at the sole discretion of the Practitioners; (b) the Service is limited to diagnosis and treatment of those non-emergent medical conditions appropriate for diagnosis and treatment using email, telephone and/or telecommunications; (c) accessing the Service from a state other than a country we operate is prohibited, and You confirm that you are physically located in a country where iMedicalHub operates when You request to use the Service; (d) the Service is currently not reimbursable by Medical insurance or any other health care program, and You agree not to use the Service for any services that are or might be reimbursable by such programs; (e) if You are seeking services on behalf of a child, dependent or other person for whose medical care You are responsible, your approval of the terms of this Agreement will bind such other person to these terms.

2.5

Communications

When You use the Website or avail Services or send emails or other data, information or communication to Us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with You by email or notification on Website by such other mode of communication, electronic or otherwise.

2.6

Permission

By completing your registration through the Website, You give permission to the Practitioners to provide You with medical care. You may withdraw this consent at any time by no longer seeking care from iMedicalHub or by providing notice to iMedicalHub of such withdrawal. iMedicalHub has the right to refuse access to the Service to any person at any time, for any reason, or for no reason at all.

2.7

Modifications to Service

iMedicalHub reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that iMedicalHub shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Service.

2.8

User Feedback

You may be asked to provide feedback on your experience of using the Website and/ or Services provided by iMedicalHub. This feedback is always optional and your choice. This feedback may be hosted and stored at a third party site. You agree to not provide any personally identifiable information when providing feedback.

2.9

Access through mobile apps

These Terms and Conditions of use will also be applicable to Users who access Software features using native mobile applications published by iMedicalHub including and limited to its applications for devices running on iOS or Android. Additional terms of use may be applicable to Users while accessing Software using such mobile applications.

2.10

Periodic Backups

The User shall ensure that he/she/it maintains periodic backup of its Data in order to comply with his/her/its record keeping process and practices

3

User by Users

3.1

Limited Use

Users are granted personal, non-exclusive, non-transferable, limited privilege to access and use the Website and unless agreed otherwise in writing, may not use it in connection with any commercial endeavor.

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 Website or 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 or in any manner commercially exploit the Website or the Services, in whole or in part.

3.2

Illegal and/or unauthorized uses

Any illegal and/ or unauthorized uses of the Website may be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive action. Use of the Website is with the permission of iMedicalHub, which may be revoked at any time, upon notice.

3.3

Prohibited Activities

iMedicalHub reserves the right to investigate and terminate your registration if You have misused the Service, or behaved in a way which could be regarded as inappropriate or if You engaged in conduct that is unlawful or illegal. The following is a partial list of the type of actions that You may not engage in with respect to the Service:

  • You will not express or imply that any statements You make are endorsed by iMedicalHub without our specific prior written consent.

  • You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.

  • You will not post, distribute, remove or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.

  • You will not interfere with or disrupt the Service or the Website or the servers or networks connected to the Service or the Website.

  • You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, damage, download, interfere, manipulate or otherwise interrupt, limit or expropriated the functionality of any computer software or hardware or telecommunications equipment.

  • You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service.

  • You will not “frame” or “mirror” any part of the Service or the Website, without our prior written authorization.

  • You will not use meta tags or code or other devices containing any reference to iMedicalHub or the Service or the site in order to direct any person to any other web site for any purpose.

  • You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or the Website or any software used on or for the Service or cause or enable others to do so.

  • Using Website or Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.

  • You will not post or transmit a message (where written verbal or over video) under a false name, or use the network resources of iMedicalHub to impersonate another person or misrepresent authorization to act on behalf of others (including but not limited to Practitioners) or iMedicalHub.

  • You will not allow another person or entity to use your iMedicalHub Account Details, username or password to access or use the Website or the Services, or post, communicate in your name or view comments.

  • You may not post or transmit any data, materials, content or information which is threatening, false, misleading, abusive, libelous, defamatory, derogatory, pornographic or profane.

3.4

Prohibition for Competitors

User shall not access the Services if the User is a direct competitor of iMedicalHubor is directly or indirectly engaged in provision of competing Services or Website.

4

Charges and Your Billing Account.

4.1

General

We bill You through an online account (your “Billing Account”) for your annual Subscriptions and use of the Service. Unless notified otherwise, subscriptions shall be automatically renewed. You agree to pay iMedicalHub all charges at the prices then in effect and the applicable taxes, levies etc. (“Charges”) for your subscriptions or any use of the Service by You or other persons (including your agents) using your Billing Account, and You authorize iMedicalHub to charge your chosen payment provider (your “Payment Method”) for the Subscriptions or Service or renewed subscriptions or further Services availed by you. You agree to make payment using that selected Payment Method. iMedicalHub reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment. All amounts are non-refundable.* The payment process would be considered to be complete only when amount is credited to designated bank account of iMedicalHub.

* This is subject to change without prior notice.

4.2

Current Information Required

You must provide current, complete and accurate information for your Billing Account. You must promptly update all information to keep your Billing Account current, complete and accurate (such as a change in billing address, credit card number, or credit card expiration date), and You must promptly notify iMedicalHub if your payment method is canceled (e.g., for loss or theft) or if You become aware of a potential breach of security, such as the unauthorized disclosure of your user name or password.

4.3

Payment Method

The terms of your payment will be based on your Payment Method and may be determined by agreements between You and the financial institution, credit card issuer or other provider of your chosen Payment Method (the “Payment Method Provider”). If iMedicalHub does not receive payment from your Payment Method Provider, You agree to pay all amounts due on your Billing Account upon demand. Delay in payment shall attract interest @ 2% per month from the date they become due. Users shall pay on demand all of reasonable attorneys’ fees and other costs incurred by iMedicalHubto collect any charges due under this Agreement following User’s breach of payment terms. In case of non-payment of any fee beyond the date a payment becomes overdue (overdue date), iMedicalHub reserves the right to discontinue the Services and/ or access to Website; delete all information in User’s account.

4.4

Account Security

You are responsible for maintaining the confidentiality of the username and password that You designate during the registration process, and You are fully responsible for all activities that occur under your username and password. You agree to (a) not to transfer it or share it with anyone; (b) immediately notify iMedicalHub of any unauthorized use of your username or password or any other breach of security related to your account, and (c) ensure that You exit from your account at the end of each session. iMedicalHub will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

5

Intellectual Property Rights

5.1

Website Content

iMedicalHub owns and retains proprietary rights in the Website and the Services. The Website contains the copyrighted materials, trademarks, designs, database, and other proprietary information (“Material”), and, as such, they either belong to iMedicalHub or are licensed to iMedicalHub to use. The materials include, but are not limited to, the information, text, design, layout, logos, brands, look, appearance, text, images, button icons, and graphics of the website and the collection, arrangement and assembly of content, plus content such as software, its code, documents and other materials which appear on it. Users shall not copy, modify, reproduce, publish, transmit, distribute, perform, display, sell or license in whole or part any such material for any purpose.

You may only print or download materials from the website for your own personal, non-commercial use, provided that:

  • * no materials are modified in any way
  • * no graphics are used separately from accompanying text
  • * copyright and trademark notices appear in all copies, and You acknowledge this website as the source of the materials and
  • * the people to whom You provide these materials are made aware of these restrictions.
5.2

Use of Marks

You are not authorized to use any Mark in any advertisement, publicity or in any other commercial manner without our prior written consent. The trade names, trademarks, service marks, logos and slogans contained in the Website that are not our Marks are the trade names, trademarks, service marks, logos and slogans of their respective owners.

5.3

User Material

You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights and warrant that any material You upload does not, and will not, infringe any third party intellectual property rights.

Any material uploaded by User to the Website will be considered non-confidential and non-proprietary, and we have the right (at no charge) to use, copy, distribute, sub-license and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who makes reasonable claims that any material posted or uploaded by You to the website constitutes a violation of their intellectual property rights, or of their right to privacy. We reserve the right to remove any material or posting You make on the Website.

6

Practitioners

6.1

Ranking Algorithm

iMedicalHub shall provide a ranking algorithm for the Practitioners via a fully automated system that lists the Practitioners, their profile and information regarding their Practice on its Website. These listings of Practitioners do not represent any fixed objective ranking or endorsement by iMedicalHub. Such rankings are determined by Users and iMedicalHub will not be liable for any change in the ranking, which may take place from time to time. iMedicalHub in no event will be held responsible for the accuracy and the relevancy of the listing order of the Practitioners on the Website.

Any communication sent by or through iMedicalHub to the Practitioner is based solely on information uploaded by the Users. iMedicalHub shall not be responsible for the incompleteness or inaccuracy of any such information, including if as a result of such inaccuracy, a communication is sent to an unintended recipient.

6.2

DoctorApp

  • iMedicalHub enables Practitioners to connect with the Users by responding to the health related queries posted by them using the special software application provided to Practitioners (“Doctor App”).The User may post two types of queries on their Health Accounts (i) public query, which is sent through DoctorApp to multiple Practitioners and enables any of the chosen Practitioners to respond to the query posted; and (ii) private query, which will be only sent to the Practitioner that the User has chosen.Practitioner agrees that, when providing any written response to a User’s query that constitutes a performance of his/her/ its services, the Practitioner shall not post language that may be considered abusive, objectionable or demeaning to the User or in general.

  • In the event, the Practitioner indicates as part of his response the pre-consultation fee payable for the advice solicited through the private query, iMedicalHub shall provide the User an option to directly remit the amount to the Practitioner through its Account and subsequently deduct a portion from the amount paid as its fee for the performance of the services.

  • iMedicalHub shall remit the fees to the Practitioner in accordance with the terms agreed between the Practitioners and iMedicalHub in the Software License and Services Agreement executed between them.

  • iMedicalHub reserves the right to revise the fee terms at any time at their discretion. The Practitioner’s continued use of the services and Doctor App shall constitute his/her/ its consent to such revision.

  • Practitioner hereby agrees that it shall use the Doctor App for the purpose specified in this Agreement and shall not use the Doctor App for any unauthorized and unlawful purpose, including impersonating another person.

  • Practitioner hereby agrees that, for any User that contacts the Practitioner using DoctorApp, only he/she/ it shall be allowed to perform the services for the User and that the Practitioner may under no circumstances be permitted to transfer the performance of Your Services to any other person, whether under their supervision or not. The Practitioner accepts all responsibility and liability for the use of DoctorApp, including the performance of its services, by any other party claiming to be the Practitioner and hereby agrees to indemnify iMedicalHub against any claim or loss that may be faced by iMedicalHub consequent to such use.

  • Practitioner hereby agrees not to seek the contact details of any User or to contact any User except through the Doctor App.

  • Practitioner agrees and understands that some or all his/her opinions may be made available to the general public through the Doctor App or otherwise by the Company and that he/ she/ it has no objection to the same.

6.3

Practitioner representations and Warranties

Practitioner hereby represents and warrants that he/she/ it:

  • is qualified to provide medical services within the territory of India. Practitioners shall furnish their qualifications, certifications, and work experience to iMedicalHub upon their registration. In the event that iMedicalHub isn’t able to verify or confirm a particular certification or experience of the Practitioner, iMedicalHub reserves the right to terminate their account and initiate action under this Agreement and under applicable law;

  • has obtained all licenses as required by law to provide Services and has not committed and shall not commit any act or omission that might prejudice its continuance or renewal;

  • has provided iMedicalHub true, accurate, complete and up to date details about their qualification and credentials;

  • Practitioner agrees that he/ she/ it shall at all times abide by the applicable medical regulations;

  • Practitioners shall promptly renew their licenses required to provide medical services and notify iMedicalHub about the same;

  • Practitioner hereby agrees to hold in strictest confidence all information accessed from the Website or provided by a User to him/her/ it under all circumstances. Practitioner agrees that he/she/ it shall not disclose any information or documentation provided by a User to any other person, nor shall he/she/ it allow, by act or omission, such information or documentation to be acquired by any other person;

  • Practitioner agrees to render his/her/ its services and fulfill their obligations towards their patients using their best efforts, skill and ability;

  • Practitioner hereby agrees to assign to iMedicalHub in perpetuity all intellectual property rights residing in the responses provided by him/her for use by iMedicalHub worldwide;

  • Practitioner shall not post any objectionable, defamatory or derogatory content.

6.4

Termination of account of Practitioner

iMedicalHub reserves the right to terminate any account of the Practitioner in case:

  • the Practitioner breaches any terms and conditions of this Agreement or Privacy Policy or applicable laws;or

  • iMedicalHub is unable to verify or authenticate any information provided to it by a Practitioner; or

  • iMedicalHub in its sole and absolute discretion believes that actions of the Practitioner may cause legal liability for iMedicalHub or other Users and/ or may adversely affect the Services rendered by iMedicalHub.

6.5

Indemnification

Practitioner shall be liable to indemnify and hold iMedicalHub harmless from and against all actions, claims, damages, losses and expenses, including court costs and reasonable attorneys’ fees, arising out of or resulting from any breach, default, contravention, non-observance, non-performance, improper performance of any of its obligations or the terms, conditions, covenants and provisions contained in this Agreement.

7

Privacy

Use of the Website and/or the Service is also governed by our Privacy policy, copies of which may be found on our Website. You authorize iMedicalHub to use and publish any comment You choose to share about the Service, including comments shared in patient satisfaction surveys. If You choose to share your protected health information over email, telephone or video communications You acknowledge that such email, telephone or video communications may not be encrypted and/or may not be a secure method of communication, and You assume the risk of such unsecured communications.

8

Disclaimer

8.1

Service

YOU AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. YOU ACKNOWLEDGE THAT THE WEBSITE IS NOT INTENDED FOR USE IN A MEDICAL EMERGENCY OR IN CASE OF AN URGENT HEALTHCARE NEED, AND AGREE THAT YOU WILL SEEK CARE ELSEWHERE IN THE EVENT OF A MEDICAL EMERGENCY OR URGENT HEALTHCARE NEED. The Service is not a replacement for your primary care physician or annual check-ups.

8.2

Practitioners

iMedicalHub makes no representation or warranty as to the content of any treatment/ diagnostic response or test results from any Practitioner. Practitioners are independent contractors and not employees of iMedicalHub. Users directly choose the Practitioners from the Database. Thus Users and the Practitioner are solely responsible for all information and/or communication exchanged between them. iMedicalHub does not guarantee that a video/ chat/ picture/ message consultation is the appropriate course of accessing advice or indeed the appropriate course of treatment for your particular health care concern, medical issue or problem. Furthermore, iMedicalHub is not a substitute for your primary care provider. You agree to contact your local hospital/ doctor immediately should your condition change or your symptoms worsen. If You require urgent care, You should contact your nearest emergency services center immediately. Do not contact iMedicalHub in urgent or emergency situations or any situation where You believe it could escalate to require emergency medical services.

You agree that any prescription obtained through the Service from a Practitioner will be used only for its intended use. iMedicalHub does not guarantee that a specific medication will be prescribed if requested.

8.3

Website

iMedicalHub is not responsible for any incorrect or inaccurate content posted on the Website or in connection with the Service, whether caused by users of the Website, Users or by any of the equipment or programming associated with or utilized in the Service. iMedicalHub is not responsible for the conduct, whether online or offline, of any User of the Website or User of the Service. iMedicalHub assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User or User communications. iMedicalHub is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, or failure of email on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof. Under no circumstance will iMedicalHub or any of its affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Website or the Service, any content posted on the Website or transmitted to Users, or any interactions between Users of the Website, whether online or offline. The Website and the Service are provided “AS-IS” and iMedicalHub expressly disclaims any warranty of fitness for a particular purpose or non-infringement. iMedicalHub cannot guarantee and does not promise any specific results from use of the Website and/or the Service.

In addition to the preceding paragraph and other provisions of this Agreement, any advice that may be posted on the Website is for informational purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. iMedicalHub makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Website. You assume the entire risk of loss in using the Website and information contained therein.

8.4

Links to third party websites

The Website or Service or third parties may provide links to websites operated by third parties. These links are provided solely for convenience and reference purposes only. The inclusion of any such link does not imply that we endorse the content of any web site to which the Website provides a link, nor are we liable for your reliance on or use of any information or materials contained in them. iMedicalHub does not endorse the promotions, products, or services of any third parties.

iMedicalHub does not warrant or validate the information of any third party advertisements, promotions, communications or other materials. iMedicalHub does not assume any responsibility or liability for the accuracy of information contained in this Website or any third party website.

8.5

General

YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE,SERVICE AND/ OR UNDERLYING SOFTWARE IS AT YOUR SOLE RISK, AND THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL RISKS ASSOCIATED THEREWITH. ALL INFORMATION, PRODUCTS, SOFTWARE OR SERVICES CONTAINED ON OR PROVIDED THROUGH THIS WEBSITE ARE PROVIDED "AS IS" AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW IMEDICALHUB 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, IMEDICALHUB AND ITS AFFILIATES MAKE NO WARRANTY AS TO THE RELIABILITY, ACCURACY, TIMELINESS, USEFULNESS, ADEQUACY, COMPLETENESS OR SUITABILITY OF THE IMEDICALHUB PRODUCTS AND SERVICES PROVIDED HEREUNDER.

9
Limitation of Liability
9.1

To the extent permitted by law, in no event will iMedicalHub or its Affiliates be liable to You or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages arising from your use of or inability to use the Website or the Service or content, material, even if iMedicalHub or its Affiliates have been advised of the possibility of such damage.

9.2

Notwithstanding anything to the contrary contained herein, liability of iMedicalHubto You for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the lower of below (a) amount paid by You to iMedicalHub for the respective Service giving rise to the claim or (b) Indian Rupees 1,00/-.

10
Indemnity by User

Users agree to indemnify and hold iMedicalHub, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of (a) your use of the Website or the Service in violation of this Agreement, (b) your failure to comply with applicable laws and regulations; and/or (c) your breach of this Agreement and/or any breach of your representations or warranties set forth herein.

11
Miscellaneous
11.1
Term

This Agreement will remain in full force and effect while the User is a user of the Website in any form or capacity.

11.2
Termination
  • The User can terminate his/her/its registration at any time by providing 30 (thirty) days’ prior written notice to admin@imedicalhub.com We need this period to inactivate User’s account, only after verifying if there are any ongoing or pending Services or payments. iMedicalHub may want the User to continue until the completion of an on-going Service should the situation warrant. The User shall be obligated to pay iMedicalHub for any Services for which the User has procured.

  • iMedicalHub reserves the right to terminate any account in cases: (i) A User breaches any terms and conditions of this Agreement or Privacy Policy; (ii)iMedicalHub is unable to verify or authenticate any information provided to iMedicalHub by a User; or (iii)iMedicalHub believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for iMedicalHub or are contrary to the interests of the Website.

  • Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Website under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the Website by such User.

  • Return of User’s Data: Upon request by a User made within 30 (thirty) days after the effective date of termination of a Service subscription due to non-payment, iMedicalHub will make available to the User for download a copy of such User’s data in comma separated value (.csv) format. After such 30 (thirty) days period, iMedicalHub shall have no obligation to maintain or provide any of such User’s data and shall thereafter, unless legally prohibited, has an option to delete all User’s data in its systems or otherwise in its possession or under its control. In cases where User terminates the subscription voluntarily, it will be the sole responsibility of the User to make a copy of their data before terminating the subscription - Users data will not be available after termination of subscription in such cases.

  • iMedicalHub reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of the User’s content from the Service and immediate termination of the User’s account with or without ability to access the Service, upon any breach by the User of this Agreement or if iMedicalHub is unable to verify or authenticate any information the User submits to iMedicalHub, or if the User fails to provide (or after providing such consent, later revokes) the consents necessary or desirable for iMedicalHub to provide the Services to the User.

11.3
Promotional Calls/ Text Messaging or email

By creating an Account, You agree that the Services may make promotional calls to give You information about our offerings or send You informational text (SMS) messages or emails as part of the normal business operation of your use of the Services. [You may opt-out of receiving calls/ SMS/ emails at any time by texting the word STOP from the mobile device receiving the messages]. You acknowledge that opting out of receiving calls/ text (SMS) messages may impact your use of the Services.

11.4
Jurisdiction

This Agreement and any contractual obligation between iMedicalHub and User will be governed by the laws of India, subject to the exclusive jurisdiction of Courts in New Delhi.

11.5
Arbitration

Any dispute or difference arising out of or in connection with this Agreement shall be determined by the appointment of a single arbitrator appointed by iMedicalHub.

11.6
Survival

Even after termination, certain obligations mentioned under Disclaimers, Liability, Indemnity, Intellectual Property, Jurisdiction, Arbitration will continue and survive termination.

11.7
No Third Party Beneficiaries

You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.

11.8
Public Announcement

Users shall not make any public announcement regarding this Agreement or the transactions contemplated by this Agreement without the written consent of the other party, which may be given or withheld in its sole and absolute discretion.

11.9
Assignment

You may not assign, transfer or delegate these Terms and Conditions or the Privacy Policy or any part of them without prior written consent of iMedicalHub. iMedicalHub may freely transfer, assign or delegate all or any part of these Terms and Conditions and the Privacy Policy, and any rights and duties hereunder or thereunder. These Terms and Conditions and Privacy Policy will be binding upon and inure to the benefit of the heirs, successors and permitted assignees of the parties.

11.10
Waiver and Cumulative Remedies

No failure or delay by iMedicalHub in exercising any right under this Agreement shall constitute a waiver of that right. No waiver shall be binding unless it is in writing and signed by both parties. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedy of a party at law or in equity.

11.11
Relationship of the Parties

The parties are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, and fiduciary or employment relationship between the parties.

11.12
Headings

are provided for convenience only and shall not be used in interpretation. Terms used in Agreement with initial capital letters shall have the respective meanings set forth herein or, if not set forth herein, in the Privacy policy or other policies as may be notified from time to time.

11.13
Amendment

if any in these Terms and Conditions shall replace all previous versions of the same.

11.14
Entire Agreement

This Agreement alongwith the Privacy Policy constitutes the entire agreement of the parties relating to the subject matter addressed in this Agreement. This Agreement supersedes all prior communications, contracts, or agreements between the parties with respect to the subject matter addressed in this Agreement, whether oral or written.

11.15
Acknowledgment of Terms and Electronic Signature

You certify that You have read, accepted, and hereby consented to the terms of this Agreement, and your acceptance of these terms constitute your electronic signature to this Agreement. You agree that You may be sent electronic notices to the email address provided by you. Any notice sent to that email address will be effective once delivered, regardless of whether or not You actually received the notice or choose to read it. This Agreement constitutes the sole agreement between You and iMedicalHub for your use of the Service, and any further statements or inducements, oral or written, not contained in this Agreement shall not bind either You or iMedicalHub. Any of the terms of this Agreement which are invalid or unenforceable shall be ineffective to the extent of such invalidity or unenforceability, without rendering invalid or unenforceable any of the remaining terms of this Agreement.

CONFIRMATION BY USER:I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE
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