Terms Of Services
This user agreement ("User Agreement") governs your access to and use of this Site and the Site Materials and constitutes a binding agreement between you and MedChitChat. Please note that we reserve the right, at our sole discretion, to change this User Agreement from time to time. Your continued use of this Site or any Site Materials after any such change takes effect will be deemed to constitute your acceptance of and agreement to the new User Agreement.
PLEASE READ THIS USER AGREEMENT CAREFULLY BEFORE ACCESSING, USING OR BROWSING THIS SITE OR ANY SITE MATERIALS. BY CLICKING ON "I AGREE," OR BY ACCESSING, USING OR BROWSING THIS SITE OR ANY SITE MATERIALS, YOU, ON BEHALF OF YOURSELF OR YOUR ENTITY, AS APPLICABLE, ACKNOWLEDGE AND CONFIRM THAT: (A) YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS AND CONDITIONS OF THIS USER AGREEMENT; ( YOU OR YOUR ENTITY, AS APPLICABLE, AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS USER AGREEMENT AND ACKNOWLEDGE THAT THIS USER AGREEMENT IS THE LEGAL EQUIVALENT OF A SIGNED, WRITTEN CONTRACT BETWEEN MEDCHITCHAT AND YOU OR YOUR ENTITY, AS APPLICABLE; AND © IF ACCESSING, USING OR BROWSING THIS SITE ON BEHALF OF AN ENTITY, YOU HAVE FULL AUTHORITY TO BIND YOUR ENTITY TO ALL OF THE TERMS AND CONDITIONS OF THIS USER AGREEMENT. IF YOU OR YOUR ENTITY, AS APPLICABLE, ARE NOT WILLING TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION THE PRECEDING ACKNOWLEDGEMENT AND AGREEMENT, DO NOT SELECT THE 'I AGREE' BUTTON ASSOCIATED WITH THIS USER AGREEMENT AND DO NOT ACCESS, USE OR BROWSE OUR SITE; MEDCHITCHAT DOES NOT AND WILL NOT GRANT YOU ANY RIGHT OR LICENSE TO ACCESS, USE OR BROWSE THIS SITE OR THE SITE MATERIALS.
1. No Recommendations or Medical Advice
The contents of the MedChitChat Site, such as the Ratings and Healthcare Provider information are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the MedChitChat!
You assume all responsibility in connection with choosing any Healthcare Provider, whether or not you obtained information about such Healthcare Provider on or through this Site. MedChitChat and its licensors, suppliers and affiliates (collectively, the "Affiliates"), and the directors, officers, agents, and representatives of each, assume no (and hereby disclaims all) responsibility or liability of any kind, for any advice, treatment or other services rendered by any Healthcare Provider, or for any malpractice claims and other claims that may arise directly or indirectly from any such advice, treatment or other services.
2. Amendment and Addenda
MedChitChat may amend this Agreement at any time by informing you of the amended terms via email to your email address. Such amendments will be effective when MedChitChat emails a notice of the revisions to you. Alternatively or additionally, MedChitChat may display amended terms to you when you log in to the site, in which case such terms shall be effective when posted by MedChitChat.
In addition, MedChitChat may offer you additional rights or services via addenda to this Agreement, which shall amend this Agreement if you choose to click through such terms.
3. Submission and ownership of Content:
You acknowledge and agree that by submitting remarks, suggestions, ideas, graphics, feedback, edits, concepts, comments, reviews, ratings, illustrations and other materials (other than information given in connection with registration) to 3i Consulting Pvt Ltd through MedChitChat(individually and collectively, the ?Submissions?), you (i) grant 3i Consulting Pvt Ltd a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform the Submissions throughout the world in any media, now known or hereafter created without attribution, (ii) grant 3i Consulting Pvt Ltd the right to pursue at law any person or entity that violates Your and/or 3i Consulting PvtLtd?s rights in Your Submissions, and (iii) forever waive any and all of Your rights, including but not limited to moral rights, if any, in and to Your Submissions, including, without limitation, any all rights or requirements of attribution or identification of You as the author of the Submissions or any derivative thereof. You further acknowledge and agree that Your Submissions are non-confidential and do not contain proprietary information.
With respect to Your Submissions, You acknowledge, warrant and agree that:
1. If your Submissions concern Healthcare Providers, Your Submissions will be true and accurate, are the original work of Your authorship, only concern or relate to the care or service that You, Your minor child or Your ward received from the Healthcare Providers being reviewed, that You are not related to or employed by the Healthcare Providers being reviewed and that You are not impersonating any other person;
2. If You are a Healthcare Provider submitting or editing any Content, Your Submissions will be true and accurate, are the original work of Your authorship, You are the Healthcare Provider specifically identified in the Content being submitted or edited, and Your Submissions will only concern You and the services that You provide.
3. If You are a person authorized by a Healthcare Provider to submit or edit Content specifically related to that Healthcare Provider, Your Submissions will be true and accurate, are the original work of Your authorship, You are authorized by the Healthcare Provider identified in the Content being submitted or edited to make such edits and Submissions and Your Submissions will only concern that Healthcare Provider and the services provided by that Healthcare Provider.
4. You have the right to make Your Submissions without violating the copyright, trademark, patent or other intellectual property rights of any person or entity, and the Submissions will not contain any content, personally identifiable information (other than the name of the Healthcare Providers being reviewed), information, or materials of any kind that relates or refers to any other person or entity other than the person or entity being reviewed;
5. Your Submissions will not violate any law, or in any manner infringe or interfere with the rights of others, including but not limited to the use of names, information, or materials that (i) libel, defame, or invade the privacy of any third party, (ii) are obscene or pornographic, (iii) harmful, threatening, offensive, abusive, harassing, vulgar, false or inaccurate, racially, sexually, ethnically or are otherwise objectionable or otherwise contrary to the laws of any place where such Submissions may be accessed, (iv) constitute personal attacks on other individuals, (v) infringe the intellectual property, trade secret or proprietary rights of any third party, (vi) promote criminal or other illegal activity, (vii) promote or advertise any person, product or service or solicit funds, or (viii) are deemed confidential by any contract or policy.
Users, other than Healthcare Providers and persons acting on their behalves who are submitting Content in accordance with these terms and conditions, are permitted to post only one (1) Submission regarding the same Healthcare Provider, entity, procedure or subject during any thirty (30) day period..
3i Consulting Pvt Ltd retains the right to review and delete or remove from public view on MedChitChat and delete from any other media or server where Your Submissions may be stored or displayed by or on behalf of 3i Consulting Pvt Ltd, any Submissions, which 3i Consulting Pvt Ltd in its sole discretion considers illegal, offensive, obscene, abusive, harassing, commercial in nature, infringing, inappropriate or otherwise violates the terms and conditions of this User Agreement. If notified of an allegation that MedChitChat contains infringing information, materials or other content, 3i Consulting Pvt Ltd may investigate the allegation and determine in 3i Consulting PvtLtd?s sole discretion whether to remove or request the removal of the same from MedChitChat and from any other media or server where the infringing content may be stored or displayed by 3i Consulting Pvt Ltd. Notices to 3i Consulting Pvt Ltd regarding any alleged copyright infringement should be sent to MedChitChat, First Floor-2, Plot No-403, Nitikhand-2, Indirapuram, Ghaziabad-201010. b. License: You retain all ownership rights to your Content. However, by submitting Content to MedChitChat, you automatically grant to MedChitChat an exclusive, royalty-free, perpetual, irrevocable, worldwide license (a) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, transmit and display such Content (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any Rights that may exist in such Content. ( display your Content online and offline and permit others (including without limitation MedChitChat' co-brand partners) to do the same, and © display portions of your Content online or offline and permit others to do the same. You are free to use your Content offline in any manner you choose. However, MedChitChat gets users to come to MedChitChat and your Opinions by promising users high quality content they cannot get anywhere else. In order to sustain this traffic draw, by submitting Opinions to MedChitChat, you grant to MedChitChat (and its sub licensees) the exclusive right to display your Opinions anywhere online, except the following circumstances:
You may not post your Opinions on any USENET newsgroups or any other web site, besides MedChitChat. However, you may do so any time after one year of originally posting that Opinion on MedChitChat, but you must include the following attribution in the post: "You can read this review at [url of the review page on MedChitChat] and other reviews on the same topic at [url of the product page on MedChitChat]. Check out my profile page at [url of your MedChitChat profile page].
You may also display your Opinions on any site which contains content contributed from 5 individual contributors or less, but you must include the following attribution in the display: "You can read this review at [url of the review page on MedChitChat] and other reviews on the same topic at [url of the product page on MedChitChat]. Check out my profile page at [url of your MedChitChat profile page]."
In all other cases, MedChitChat's exclusive display rights apply even if you initially post the Opinion somewhere else online and then desire to post it to MedChitChat and then re-post it on MedChitChat. If you desire other online rights to your Opinions, you may request permission at , which permission may be granted or withheld in MedChitChat' sole discretion on a case-by-case basis. (For purposes of this section, the word "display" covers all copyright and other intellectual property rights necessary to effectuate the foregoing intent.) c. Pursuit of Violators: MedChitChat identifies someone who is displaying your Content online in violation of this Agreement and MedChitChat wishes to take action against the infringer, MedChitChat may contact you to seek your help with the action. However, MedChitChat may also directly enforce your ownership rights in the Content against the infringer, and you authorize MedChitChat to take any actions on your behalf that MedChitChat reasonably deems necessary or appropriate to protect the parties' respective rights. If MedChitChat decides to sue the infringer, (1) MedChitChat may join you as a co-plaintiff to the action, and (2) any resulting damages or settlements attributable to online uses of your Opinions shall be solely MedChitChat's. d. Removal of Opinions Please mail MedChitChat( support@MedChitChat) at any time for removal of your content. We reserve the right to decline or accept your request, depending on the content posted by you on the site. e. Standards: You agree not to provide any Content to MedChitChat that (a) infringes any third-party intellectual property or publicity/privacy rights, ( violates any applicable law or regulation, © is defamatory, obscene, child pornographic or harmful to minors, (d) contains any viruses, Trojan horses, automated computer scripts, worms, time bombs, e-mail bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, or (e) is otherwise tortuous or criminal. f. Content Filtering: MedChitChat believes that users should decide what content should appear on the site and how it should be displayed. In general, MedChitChat does not make editorial determinations about what Content you may or may not display on the site, and of course MedChitChat DOES NOT ENDORSE OR RECOMMEND any of the opinions or ideas or comments contributed by its users. However, MedChitChat permits others to make judgments about your Content that may affect the display of your Content. Further, MedChitChat may choose to use automated software filters that may prevent you from uploading your Content or may affect its display. Finally, MedChitChat may take any actions that it deems necessary or appropriate to minimize its liability from your Content or to preserve MedChitChat' relationships with its service providers (such as its Internet access providers). g. Other Filtering/ Protection for Children: Parental control protections (such as computer hardware, software and filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.
4. Use of Bulletin Boards and other Interactive Areas
The site may contain discussion forums, bulletin boards, review services or other forums in which you or third parties may post reviews of experiences or other content, messages, materials or other items on the site ("interactive areas"). If MedChitChat provides such interactive areas, you are solely responsible for your use of such interactive areas and use them at your own risk. Please take note of the posting guidelines as contained in the site. Further, by using any interactive areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the site any of the following: ? Any message, data, information, text, music, sound, photos, graphics, code or other material ("Content") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable; ? Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the Securities and Exchange Board of India or any rules of a securities exchange where the shares of the concerned entity have been listed such as the National Stock Exchange and the Bombay Stock Exchange; ? Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party; ? Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; ? Unsolicited promotions, political campaigning, advertising or solicitations; ? Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers; ? Viruses, corrupted data or other harmful, disruptive or destructive files; ? Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or ? Content that, in the sole judgment of MEDCHITCHAT, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose MEDCHITCHAT or its affiliates or its users to any harm or liability of any type. MedChitChat takes no responsibility and assumes no liability for any content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is MedChitChat liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, MedChitChat is not liable for any statements, representations or content provided by its users in any public forum, personal home page or other interactive area. Although MedChitChat has no obligation to screen, edit or monitor any of the content posted to or distributed through any interactive area, MedChitChat reserves the right, and has absolute discretion, to remove, screen or edit without notice any content posted or stored on the site at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any content you post or store on the site at your sole cost and expense. Any use of the interactive areas or other portions of the site in violation of the foregoing violates these site terms and may result in, among other things, termination or suspension of your rights to use the interactive areas and/or the site.
5. Your Honest Identity:
The successful functioning of MedChitChat (including the Trusted Circle? system) depends, in part, on users telling each other the truth and nothing but the truth about who they are. Thus, you may not (a) establish more than one account (even if the accounts are created using different email addresses or established through co-branded sites), ( provide incomplete or inaccurate registration information, © fail to update your registration information if it changes, (d) select a Member ID deliberately intended to mislead others about your identity or that infringes a third party's intellectual property rights, (e) select a photo to identify yourself that deliberately misleads others about your identity, or (f) You may not share your account (or the associated password) with anyone else. MedChitChat may assume that all activities made using your Member ID and password are authorized by you; thus, if for any reason you suspect that your password has been compromised, you should contact MedChitChat at once atsupport@MedChitChat
Because your privacy is very important to MedChitChat, the site offers you a number of choices to facilitate decisions about how you would like MedChitChat to use and disclose your personal information. By accepting this Agreement, you expressly consent to MedChitChat's disclosure and use of your personal information (including using email to communicate with you) as described in the then-current Privacy Statement, which is incorporated herein by reference
7. Password Maintenance and Responsibility
If you wish to access certain areas of this Site or the Site Materials available on or through certain areas of this Site, you must choose a password during your completion of this Site's registration process. By registering, you represent, warrant and covenant that: (a) you are at least 18 years of age; ( you are using your actual identity; © you have provided only true, accurate, current and complete information about yourself during the registration process; and (d) you will maintain and promptly update the information that you provide to keep it true, accurate, current and complete. You may update your information at any time by logging into the Site and clicking on "Account Log In."
By logging onto this Site using any password, you represent, warrant and covenant that you are authorized to use such password and to engage in the activities that you conduct thereunder. You are solely responsible for the confidentiality and use of your password, as well as for any activities conducted on or through this Site using your password. If you wish to cancel a password, or if you become aware of any loss, theft or unauthorized use of a password, please notify us immediately. We reserve the right to delete or change any password at any time and for any reason.
8. Third Party Content and Privacy Information Delivered to Third Parties
Some of the Site Materials, including but not limited to, certain healthcare information, product reviews, news, data, research, analysis and opinions, are provided by independent information providers ("IIPs"). We make no representations with respect to, nor do we guarantee or endorse the availability, accuracy, reliability, completeness, currency, quality, performance, suitability, or correct sequencing of any information, materials or other content provided by any of the IIPs. We do not endorse, oppose or edit any opinion or analysis expressed by any of the IIPs. We assume no responsibility or liability for any information, materials or other content provided by any of the IIPs. Moreover, any private information you deliver to third parties accessed through a link at the Site will be held subject to the privacy policies of that third party, and not MedChitChat.
The use of the Site by any entity or individual to verify the credentials of physicians is prohibited. The database of physician information which drives the Site does not contain sufficient information with which to verify physician credentials
9. Links to Other Sites
This Site may contain links to other sites on the World Wide Web for the convenience of our users. These other sites have not been reviewed by us and are maintained by third parties over which we exercise no control. Accordingly, we expressly disclaim any responsibility for the content, policies and practices of these other sites and for the availability, accuracy, reliability, completeness, currency, quality, performance or suitability of the information, products and services available or advertised on or through these other sites. Moreover, these links do not imply, directly or indirectly, our endorsement of or affiliation with any other site or site owner, or any information, products or services provided by any third party. When leaving this Site, you should be aware that our terms and policies may no longer govern, and, therefore, you should review the applicable terms and policies of each linked site.
MedChitChat may terminate your use of the site immediately if (a) you breach any element of this Agreement, ( you infringe upon the intellectual property rights of a third party, or © MedChitChat is unable to verify any registration information you provide. Alternatively, in such circumstances, MedChitChat may take some lesser remedies, such as hiding the display of some or all of your Content or suspending your account. If you want to terminate your account, email at support@MedChitChat, MedChitChat may choose to assume that you intended to terminate your account if you do not access it for more than 3 months. Following termination, at its sole option, MedChitChat may remove some or all of your Content from the site or leave it available for public review.
11. No Warranty
THE MEDCHITCHAT SITE AND SERVICES ARE PROVIDED "AS IS," AND MEDCHITCHAT AND ITS SUPPLIERS AND CO-BRAND PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY), INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Without limiting the foregoing, MedChitChat does not promise or warrant to you that any aspect of the site and system will work properly or will be available continuously.
12. Site Monitoring
We reserve the right to view, monitor and record activity on this Site without notice to or permission from you. We may disclose any records, electronic communications, information, materials or other content of any kind: (a) if we believe in good faith that applicable law, regulation or legal process requires it; ( if such disclosure is necessary or appropriate to operate this Site; or © to protect our rights or property or the rights or property of our users and business partners. However, we are not responsible for screening, policing, editing or monitoring this Site.
We are committed to complying with all applicable Indian and foreign laws and regulations, including without limitation copyright and related laws, and expect all Users of this Site to comply with all applicable laws and regulations as well. Using this Site to transmit any Proscribed Materials is expressly prohibited under the User Agreement.
If it comes to our attention, we discover or we are notified of an allegation that this Site or a Submission contains any Proscribed Materials, then we may, but have no obligation to, investigate the allegation and determine in our sole discretion whether to remove or request the removal of the same from this Site. Notices to us regarding any alleged violation of this User Agreement or copyright infringement on this Site should be directed to MedChitChatat the following e-mail address: support@MedChitChat
13. Liability Limits
a. IN NO EVENT SHALL MEDCHITCHAT OR ITS SUPPLIERS OR CO-BRAND PARTNERS BE LIABLE FOR ANY LOST PROFITS OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THE MEDCHITCHAT SITE, ITS SERVICES OR THIS AGREEMENT. FURTHER, IN NO EVENT SHALL MEDCHITCHAT OR ITS SUPPLIERS OR CO-BRAND PARTNERS BE LIABLE TO YOU FOR AN AMOUNT GREATER THAN THAT OF FEES, IF ANY, PAID BY YOU TO MEDCHITCHAT
b. You release and indemnify MedChitChat and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the users of MedChitChat and specifically waive any claims that you may have in this behalf under any applicable law. Because user authentication on the Internet is difficult, the Company cannot and does not confirm that each user is who they claim to be. Because we do not and cannot be involved in user-to-user dealings or control the behavior of participants on any MedChitChat Site, in the event that you have a dispute with one or more users, you release the Company (and our agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
14. Access Limits:
Without MedChitChat's CEO's express written consent, you may not (a) use any automated means to access the site or collect any information from the site (including without limitation robots, spiders or scripts), or ( frame the site, place pop-up windows over its pages, or otherwise affect the display of its pages.
You shall comply with all laws and regulations applicable to your access and use of the site and your publication of your Content. If any portion of this Agreement is deemed unenforceable, that portion shall be enforced to the maximum extent possible and the remaining portions of the Agreement shall be given full effect. MedChitChat's failure to act in a particular circumstance does not waive the ability to act with respect to that circumstance or similar circumstances. MedChitChat shall be excused for any failure to perform to the extent that its performance is prevented by any reason outside of its control. No agency, partnership, joint venture, employment or franchise relationship is intended or created by this Agreement. MedChitChat may change, remove, or require registration or payment to continue use of, any aspect of the site and service at any time without further notice to you. MedChitChat's suppliers and co-brand partners are third-party beneficiaries of this Agreement. Except as provided in Section 1, this Agreement may be amended only by writing, physically signed by both MedChitChat and you.
16. Entire Agreement:
This Agreement (and any addenda or statements expressly incorporated into this Agreement that you enter into) constitute the entire agreement, and supersede the provisions of any other agreements or understandings (oral or written), between the parties with respect to the subject matter of such documents. In the event of any conflict between the terms of this Agreement and an addendum, the provisions of the addendum shall control.
17. Fees and Taxes:
If you are an individual non-corporate member, MedChitChat does not charge you any fees to use its services (although this may change at any time). However, any expenses (such as hardware, software and Internet access costs) or taxes you incur to access the site shall be your sole responsibility. MedChitChatmayoffers various paid services in future. You must comply with and pay all applicable taxes associated with the paid services
18. Governing Law and Arbitration:
This Agreement is governed in all respects by the laws of Republic of India as such laws are applied to agreements entered into and to be performed entirely within India between Indian residents. Any controversy or claim arising out of or relating to this Agreement or the MedChitChat site shall be settled by binding arbitration in accordance with the Indian Laws. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Delhi, India and judgment on the arbitration award may be entered into any court having jurisdiction thereof. The award of the arbitrator shall be final and binding upon the parties without appeal or review. Notwithstanding the foregoing, MedChitChat may seek any interim or preliminary relief from a court of competent jurisdiction in Delhi, India. MedChitChat at its option, may bypass arbitration in cases of fraud or other crimes against itself, interference with its technical operations or violations of its rights or property