Terms of Use

Effective Date: Jan, 2016

The following terms and conditions constitute a binding agreement between you and MapMyDoctor (Trinity Online Trade Private Limited) (hereinafter referred to as “MapMyDoctor”, “we,” or “us”), the operator of mapmydoctor.com (the “Website”) and related websites, applications, services and mobile applications provided by MapMyDoctor and on/in which these Terms of Use is posted or referenced (collectively, the “Services”). These terms of use (the “Terms of Use”), together with our PRIVACY POLICY and DISCLAIMER, (each of which are incorporated herein by reference, and collectively, this “Agreement”) govern your use of the Services, both as a non-registered user and as a registered user.

By using or otherwise accessing the services, and/or by registering with us, you agree to the terms of this agreement, including the information practices disclosed in our privacy policy, and to resolve any dispute that you may have with us or the services in India. If you do not agree with this agreement, you cannot use the services. Please note that we offer the Services "AS IS" and without warranties. If you are registering an account or using the Services on behalf of an individual or entity other than yourself, you represent that you are authorized by such individual or entity to accept this Agreement on such individual's or entity's behalf.

1. Applicability of the Terms:

The Agreement applies to you whether you are -

  • A medical practitioner or health care provider (whether an individual professional or an organization) or similar institution wishing to be listed, or already listed, on the Website, including designated, authorised associates of such practitioners or institutions (“Practitioner(s)”, “you” or “User”); or
  • A patient, his/her representatives or affiliates, searching for Medical Practitioners/Paramedics/Pharmacy stores or using any of the features provided by ‘MapMyDoctor’ Application through the App or Website (“User” or “you”); or
  • Otherwise a user of the Website (“you” or “User”).

This Agreement applies to those services made available by MapMyDoctor on the Website& Mobile Application, which are offered free of charge to the Users (“Services”), including the following:

  • For Practitioners: Listing of Practitioners and their profiles and contact details, to be made available to the other Users and visitors to the Website;
  • For other Users: Facility to (i) create and maintain ‘Accounts on MapMyDoctor’, (ii) search for Practitioners by name, specialty, and geographical area, or any other defined/configured criteria that may be developed and made available by MapMyDoctor, (iii) to make appointments with Practitioners, (iv) to contact one or more Medical Practitioners in Emergency through an Emergency notification means that relays an emergency notification to Medical Practitioners that have signed up for receiving and attending to Emergency Situations, (v) to chat/communicate with other Users and/or with Medical Practitioners to receive updates/notifications/information, (vi) to enable health records/medical records to be shared with one or more configured Medical Practitioners, (vii) to sign up for/view/participate in blogs/information content/news/events, (viii) to receive promotional offers, (ix) to view/rank/rate one or more Medical Practitioners, or (x) to search for medical pharmacy basis distance OR discount provided (xi) to order medicines and medical supplies.

2. ELIGIBILITY:

You must be 18 years of age or older to register, use the Services, or visit or use the Website in any manner. By registering, visiting and using the Website or accepting this Agreement, you represent and warrant to MapMyDoctor that you are 18 years of age or older, and that you have the right, authority and capacity to use the Website and the Services available through the Website, and agree to and abide by this Agreement.

3. ABOUT MAPMYDOCTOR (Website):

You may have access to some portions of the Services without registering with us, but in order to actively participate or store your information, you must register as a member and authorize the use and disclosure of your personal and health information for purposes of allowing us to provide the Services and as otherwise disclosed in our Privacy Policy.

You acknowledge that although some Content may be provided by individuals in the medical profession, the provision of such Content does not create a medical professional/patient relationship, and does not constitute an opinion, medical advice, or diagnosis or treatment, but is provided to assist you with locating appropriate medical care from a doctor, dentist or other health care specialist, professional or provider (collectively, “Practitioners”). “Content” means content, text, data, graphics, images, photographs, video, audio, information, suggestions, guidance, and other materials provided, made available or otherwise found through the Services and/or Site, including without limitation Content provided in direct response to your questions or postings.

We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, expertise, quality of services, price or cost information, insurance coverage or benefit information, or other content through the services. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on any such content. Furthermore, we do not in any way endorse or recommend any individual listed or accessible through the services.

4. NO MEDICAL ADVICE

The Content that you obtain or receive from MapMyDoctor, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise through the Services is for informational, management, and scheduling purposes only. All medical information comes from independent healthcare professionals/Professionals and organizations. If you submit a medically related question to MapMyDoctor, answers are (a) provided by independent healthcare professionals and organizations, (b) for informational purposes only, and (c) do not establish any patient/doctor relationship, and MapMyDoctor, including any member thereof, would not be liable in any manner whatsoever for any such information/content.

The content, whether such content is provided by or through the use of the services or through any other communications from MapMyDoctor, is not intended as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. Do not disregard, avoid or delay obtaining medical advice from a qualified medical practitioner because of something you may have read on the site. Do not rely solely on the services of MapMyDoctor for emergency medical needs, if you experience a critical life threatening medical emergency, immediately call a health care professional. Your use of the content is solely at your own risk. Nothing stated or posted on the site or available through any services is intended to be, and must not be taken to be, the practice of medicine, dentistry, nursing, or other professional health care advice, or the provision of medical care.

We do not recommend or endorse any specific tests, Healthcare Providers, Medical Practitioners, pharmacy, medical store, procedures, opinions, or other information that may appear through the Services. If you rely on any Content provided through the Services, you do so solely at your own risk.

5. NO PATIENT DOCTOR RELATIONSHIP

No licensed medical professional/patient relationship is created by using the content, whether such content is provided by or through the use of the services or through any other communications from MapMyDoctor including, but not limited to, the “Best Rated Doctors”, “Chat”, “News and Events” and/or the “MapMyDoctor Q&A” features, links to other sites or any assistance we may provide to help you find an appropriate medical practitioner in any field.

We have no control over, and cannot guarantee the availability of any Medical Practitioner at any particular time. We will not be liable for cancelled or otherwise unfulfilled appointments, or any injury resulting therefrom, or for any other injury resulting or arising from or related to the use of the Site or Services whatsoever.

You are strongly advised to perform your own investigation prior to selecting a Medical Practitioner by making confirmation telephone calls to the appropriate licensing or certification authorities to verify listed credentials and education, and to further verify information about a particular Medical Practitioner by confirming with the Medical Practitioner’s office, your current Medical Practitioner, the medical association(s) relevant to the Medical Practitioner’s specialty and your state medical board(s).

As regards the content of chat/Q&A, the stakeholder or user that generated the content would be solely responsible and legally liable for damage/reputation/medical damage/loss caused to any person/user. MapMyDoctor may however review such content/information/messages once a user brings the same to the notice of the MapMyDoctor through the mentioned communication channel.

6. MEDICAL PRACTITIONERS/PARAMEDICS/NURSES/PHARMACY LISTS ON MAPMYDOCTOR:

  • In connection with using the Site and the Services to locate and schedule appointments with Medical Practitioner/Paramedic/Nurses, you understand that YOU ARE ULTIMATELY RESPONSIBLE FOR CHOOSING YOUR OWN MEDICAL PRACTITONER.
  • 6.2 MapMyDoctor’s Star Rating for the Practitioners is an 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 MapMyDoctor. MapMyDoctor will not be liable for any change in the Star Rating of the Medical Practitioners, which may take place time to time. The computation of Star Rating of Medical Practitioners is based on one or a combination of parameters such as inter alia Experience of the Practitioner, Educational/Academic qualifications, Availability of the Practitioner at time of Emergency, Availability of the Practitioner for Online Chatting and Q&A Sessions feature, inputs made by the Users including their comments and feedback, among other like parameters, which is not to be interpreted as being a sole indicator of professional competence of the medical practitioner/professional. MapMyDoctor waives off any liability arising out of incorrect interpretation/use of the Star Rating associated with the Medical Practitioners. Furthermore, the above-mentioned rating factors may change from time to time in order to improve the Star Rating list for Medical Practitioners. MapMyDoctor in no event will be held responsible for the accuracy and the relevancy of the Star Rating order of the Practitioners on the Website
  • 6.3 Medical Practitioners listed through the Services with whom you may book appointments enter into contract with us, and may pay us a fee in order to be marketed through the Services. We will provide you with lists and/or profile previews of Medical Practitioners who may be suitable to provide the healthcare services you seek based on information that you provide to us (such as insurance information, geographical location, and healthcare specialty). In an effort to aid in the discovery of Medical Practitioners and enable the maximum choice and diversity of Medical Practitioners participating in the Services, these lists and/or profile previews may also be based on the Star Rating given to the respective Medical Practitioners adjudged on various criteria including inter alia Medical Practitioner’s availability, past selections by and/or ratings of Medical Practitioners by you or by other MapMyDoctor users, and past experience of MapMyDoctor users with Medical Practitioners; but MapMyDoctor (a) does not recommend or endorse any Medical Practitioners, (b) does not make any representations or warranties with respect to these Medical Practitioners or the quality of the services they may render, and (c) does not receive any additional fees from Medical Practitioners for featuring them (i.e., higher or better placement on lists) through the Services. However, to the extent that you use the Services as provided by your employer, MapMyDoctor may provide lists and/or profile previews based also on criteria determined by your employer and your employer’s agents or advisors. There is no liability of the incorrect/inaccurate information/content that is submitted by the Medical Practitioners in his profile or otherwise anytime during his/her relationship with MapMyDoctor.
  • 6.4 MapMyDoctor uses reasonable efforts to ensure that Medical Practitioners only participate in the Services if they hold all active licenses required by law to practice the specialties of the services offered by them, and are not excluded from participation in the Medicare and Medicaid programs. MapMyDoctor may exclude Medical Practitioners who, in MapMyDoctor’s discretion, have engaged in inappropriate or unprofessional conduct.
  • 6.5 If you elect to enter information/medical reports into a ‘Upload Medical Document”or"Medical History Form" on behalf of yourself or a third party from whom you have authorization to provide such information, on your request you authorize us to provide such information to the specified Medical Practitioners. You acknowledge and agree that such information will be reviewed and approved by you or someone authorized by you at the time of your appointment to ensure its accuracy. You also acknowledge that MapMyDoctor may use the data or information you provide on a UPLOAD MEDICAL DOCUMENT/ Medical History Form in accordance with our Privacy Policy.
  • 6.6 MapMyDoctor has no role in any incentive & discounts being offered by any store/pharmacy either to the patients or the doctors. The incentives being extended to the Doctors are completely from the pharmacies/medical stores and MapMyPharmacy has no role in the formulation or execution of the same. The payment of the incentives offered and availed to the doctors through the app is the sole liability of the medical store/pharmacy and MapMyPharmacy would not be party to any dispute arising thereafter between the doctor and the pharmacy/medical store.
  • MapMyDoctor has no say in the discounts being showcased on the App by the medical stores/ pharmacies and is not liable for any change in the same at any point of time. Any discount displayed on the app or applied on any order is as per the medical stores/pharmacies will and we will not be liable for any dispute arising out of the same.
  • 6.7 We have no control over, and cannot guarantee the availability of any prescribed medicine at any point of time. The availability of medicines & the expiry date in terms of usability is the sole responsibility of the store/pharmacy supplying the medicine to any consumer/patient. The store/pharmacy is completely liable for any information provided; pertaining to the supply quantity & quality to the patient/consumer/doctor in the course of executing the order through the app. MapMyDoctor will not be responsible for any wrong information furnished by the store/pharmacy to the consumer/patient/doctor regarding any medicine or medical goods.
  • 6.8 We are not responsible for any cancellation of order done by any party at any point of time. The delivery of medicines is the sole responsibility of the pharmacy/store. For any delay in delivery or the non-fulfilment of the order the store/pharmacy will be held liable. Also, the packaging of the order as required for any medicines or medical utilities is also the sole responsibility of the store/pharmacy. MapMyDoctor will not be liable for any discrepancy in the delivery timings or packaging of the medical products being delivered by using the app.

THE SERVICES AND CONTENT AS INFORMATIONAL AND EDUCATIONAL RESOURCES

We make the Services available as a service to consumers and Medical Practitioners for the purposes of providing an informational and educational resource. We may, but have no obligation to, have Content posted through the Services reviewed by our back end team. It is important to note, however, that the timeliness, accuracy, and completeness of any or all of the Content are not guaranteed. Neither the authors nor editors or any other party involved in the preparation or publication of this work can guarantee that the Content contained herein is accurate or complete, and they will not be responsible for any errors or omissions or for the results obtained from the use of such Content.

You are encouraged to independently confirm the Content contained herein with other sources and to seek the advice of a qualified Medical Practitioner.

  • Medical Practitioner’s Content: Medical Practitioners and practice Content is intended for general reference purposes only. Medical Practitioners Content is both provided by the Medical Practitioners and/or office staff, and collected from multiple other data sources that may not be confirmed by the Medical Practitioners. Such Content often changes frequently and may become out of date, incomplete or inaccurate. Neither the Website nor MapMydoctor provides any advice or qualification certification about any particular Medical Practitioners. You are encouraged to independently verify such Content.
  • Procedures/Products/Services: The procedures, products, services and devices discussed and/or marketed through the Services are not applicable to all individuals, patients or all clinical situations. We make no claims as to the safety, appropriateness, or effectiveness of any such procedures, products, services or devices. Any product and/or services represented through the Services by advertisers, sponsors, and other participants of the Services, either paid or unpaid, are presented for your awareness and do not necessarily imply safety or appropriateness for any particular individual or prediction of effectiveness, outcome or success.
  • Insurance Content: The insurance and insurance related Content (including, without limitation, insurance coverage and benefit Content) is intended for general reference purposes and for your convenience only (“Insurance Content”). Such Insurance Content is based on Personal Information (as defined below) you provide to us as well as Medical Practitioners Content. The Insurance Content is provided either directly by the insurance provider identified by you or via a third-party clearinghouse. Insurance Content often changes frequently and may become out of date, incomplete or inaccurate. In order to improve (but not guarantee) the accuracy of the Insurance Content, you acknowledge and agree that you will (a) provide accurate and complete insurance-related Personal Information, and (b) verify and update your insurance-related Personal Information (including, without limitation, verifying such Personal Information obtained by automated means from an insurance card you provide); MapMyDoctor will not be responsible for your failure to comply with subparts (a) or (b) hereof, nor for any inaccurate, incomplete or outdated Insurance Content, regardless of the reason.

8 REGISTRATION

As part of the registration process, you will provide an e-mail address and create a password. These are your credentials for accessing the Services that are only available to members ("Credentials"). You should keep your Credentials private and not share your Credentials with anyone else. You must immediately notify us if your password has been stolen or compromised by sending an email to info@mapmydoctor.com.

9 YOUR PERSONAL INFORMATION:

In order to register, you must provide certain personal and medical information about yourself. You may voluntarily submit, and hereby authorize MapMyDoctor, its employees, agents and others operating on its behalf to use and/or disclose, personal, health-related and financial information about you, including, without limitation, your name, address, social security number and contact information; medical and social history; current medical needs; payment card information; insurance information (including without limitation member ID, group number, and payer ID); and other information that is either requested by MapMyDoctor or voluntarily provided ("Personal Information") in order to provide the Services to you, in accordance with our Privacy Policy. Please review it carefully, as your use of the Services constitutes your agreement to the Privacy Policy.

10 YOUR RESPONSIBILITIES:

10.1 General Responsibilities.

Even though the Services are provided free of charge, usual, customary and any other charges for any medical or related services rendered by Medical Practitioners will apply and will be entirely your responsibility. You must resolve any dispute between you & any Medical Practitioner arising from any transaction hereunder directly with the Medical Practitioner.

You are responsible for all use of the Services and for all use of your Credentials, including use by others to whom you have given your Credentials. You may only use the Site and the Services for lawful, non-commercial purposes. You may not use the Site in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the Site or the Services. You may not attempt to gain unauthorized access to any of the Services, user accounts, or computer systems or networks, through hacking, password mining or any other means. You may not accumulate or index, directly or indirectly, any Content or portion of the Site and/or Services (including, without limitation, Medical Practitioners or practice information, appointment availability, price information, and Insurance Content) for any purpose whatsoever.

In addition to our rights in these Terms of Use, we may take any legal action and implement any technological measures to prevent violations of the restrictions hereunder and to enforce these Terms of Use.

10.2 Responsibilities of Medical Practitioners and Others in the Healthcare or Medical Industries.

Regardless of whether you are a member or whether you schedule or intend to schedule appointments through the Services, if you are a Medical Practitioner or other person or entity in the healthcare or medical industries, you acknowledge and agree that:

  • You shall not in any case prescribe any Medicine or any Treatment or Medical Checkups using the Chat and Q&A feature of MapMyDoctor. The Platform is meant for scheduling/managing appointments of the patients with the Medical Practitioners to revolutionize the way healthcare reaches people today and do not permit prescription or treatment online in ways that laws of India do not permit.
  • You will not use the Services to view, access or otherwise use, directly or indirectly, price, availability, or other Content for any purpose other than your own personal use as a patient or prospective patient.
  • You will not use the Services to establish, attempt to establish, or enforce, directly or indirectly, any agreement or coordination of the prices charged for any product or service; the kinds, frequencies or amounts of any product or service offered; or the customer or customer categories for any product or service, or otherwise engage or attempt to engage in price fixing, output restriction, or customer or market allocation.
  • You will not use the Services, directly or indirectly, to engage in any anti-competitive, deceptive or unfair practices, or otherwise violate applicable antitrust, competition or consumer protection laws, or regulations.
11. AMENDMENTS TO THE SERVICES AND TERMS

11.1 Amendments to the Services.

We may from time to time add new services to the Services, substitute with a new service for one of the existing Services, or discontinue or suspend one of the existing Services. Information about the new services will be included through the Services, and the use of new services will be governed by this Agreement. You agree that MapMyDoctor will not be liable to you or any third party for any suspension or discontinuation of any of the Services or portion thereof.

11.2 Additional Terms.

Certain of the Services may have additional terms (including without limitation policies, guidelines, and rules) that will further govern your use of that particular Service, and supplement this Agreement. If you choose to register for, access or use any such Services, you may be presented with such additional terms. You may also find such additional terms in the Additional Terms. By using those Services, you agree to comply with any such additional terms if any, which are incorporated by reference into this Agreement.

LINKS TO THIRD PARTY WEBSITES
The Site may include links to other websites, including links provided as automated search results. Some of these websites may contain materials that are objectionable, unlawful, or inaccurate. These links are provided for your convenience only and we do not endorse these sites or the products and services they provide. You acknowledge and agree that we are not responsible or liable for the content or accuracy of these other websites.
13. USE OF CONTENT

All of the Content is owned by us or our licensors and is protected by copyright, trademark, patent, and trade secret laws, other proprietary rights and international treaties. You acknowledge that the Services and any underlying technology or software used in connection with the Services contain MapMyDoctor’s proprietary information. We give you permission to use the aforementioned content for personal, non-commercial purposes only and do not transfer any intellectual property rights to you by virtue of permitting your use of the Services. You may print, download, and store information from the Site for your own convenience, but you may not copy, distribute, republish (except as permitted in this paragraph), sell, or exploit any of the content, or exploit the Site or Services in whole or in part, for any commercial gain or purpose whatsoever. Except as expressly and unambiguously provided herein, neither MapMyDoctor nor its suppliers grant you any express or implied rights, and all rights in the Site and the Services not expressly granted by MapMyDoctor to you are retained by MapMyDoctor.

14. DISCLAIMER OF WARRANTIES

We have no special relationship with or fiduciary duty to you. You acknowledge that we have no control over, and no duty to take any action regarding: which users gain access to the Site and/or the Services; what content you access via the Site and/or the Services; what effects the content on the Site and/or the Services may have on you; how you may interpret or use the content on the Site and/or the Services; or what actions you may take as a result of having been exposed to the content on the Site and/or the Services. You release us from all liability for you having acquired or not acquired content through the Site and/or the Services. The Site and/or the Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. We make no representations concerning any content contained in or accessed through the Site and/or the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site and/or the Services. We make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Site and/or the Services. We provide the site and the services “As Is”, “With All Faults” and “As Available.” We make no express or implied warranties or guarantees about the services. To the maximum extent permitted by law, we hereby disclaim all such warranties, including all statutory warranties, with respect to the services and the site, including without limitation any warranties that the services are merchantable, of satisfactory quality, accurate, fit for a particular purpose or need, or non-infringing. We do not guarantee that the results that may be obtained from the use of the services will be effective, reliable or accurate or will meet your requirements. We do not guarantee that you will be able to access or use the services (either directly or through third-party networks) at times or locations of your choosing. We are not responsible for the accuracy, reliability, timeliness or completeness of information provided by users of the services or any other data or information provided or received through the services. Except as expressly set forth herein, MapMydoctor makes no warranties about the information systems, software and functions made accessible through the services or any other security associated with the transmission of sensitive information. MapMyDoctor does not warrant that the site or the services will operate error-free, bug-free or free from defects, that loss of data will not occur, or that the services, software or site are free of computer viruses, contaminants or other harmful items.

GENERAL LIMITATION OF LIABILITY

15.1 Without prejudice to the generality of the above, MapMyDoctor will not be liablefor:

  • any wrong medication or treatment quality being given by the Practitioner(s), or any medical negligence on part of the Practitioner(s);
  • any type of inconvenience suffered by the User due to a failure on the part of the Practitioner to provide agreed services or to make himself/herself available at the appointed time, no show by the Practitioner, inappropriate treatment, or similar difficulties;
  • any misconduct or inappropriate behavior by the Practitioner or the Practitioner’s staff;
  • cancellation or rescheduling of booked appointment or any variance in the fees charged;
  • any medical eventualities that might occur subsequent to using the services of a Practitioner, whom the User has selected on the basis of the information available on the Website or with whom the User has booked an appointment through the Website.

15.2 Further, MapMyDoctor shall not be liable, under any event, for any comments or feedback given by any of the Users in relation to the services provided by another User. All such feedback should be made in accordance with applicable law. The option of enabling Users to give feedback remains at MapMyDocotor’s sole discretion, and may be modified or withdrawn at its sole discretion. MapMyDoctor may moderate such feedback at any time. MapMyDoctor shall not be obliged to act in any manner to give effect to the content of Users’ feedback, such as suggestions for delisting of a particular Practitioner from the Website

15.3 Your sole and exclusive remedy for any dispute with us is the cancellation of your registration. In no event shall our total cumulative liability to you for any and all claims relating to or arising out of your use of the services or the site, regardless of the form of action, exceed the greater of: (a) the total amount of fees, if any, that you paid to register for the site or the services, or (b) Rs. 1000/- (Rupees One Thousand Only) whichever is lower.

15.4 In no event shall we be liable to you (or to any third party claiming under or through you) for any indirect, special, incidental, consequential or exemplary damages arising from your use of, or inability to use, the site and/or the services. These exclusions apply to any claims for lost profits, lost data, loss of goodwill, work stoppage, computer failure or malfunction, any other commercial damages or losses, or medical malpractice or negligence of Medical Practitioners utilized through use of the service, even if we knew or should have known of the possibility of such damages.

16. TERMINATION

We may terminate and/or suspend your registration immediately, without notice, if there has been a violation of this Agreement or other policies and terms posted on the Site or through the Services by you or someone using your Credentials. We may also cancel or suspend your registration for any other reason, including inactivity for an extended period. MapMyDoctor shall not be liable to you or any third party for any termination of your access to the Site and/or the Services. Further, you agree not to attempt to use the Site and/or the Services after any such deletion, deactivation or termination (provided, in the case of deactivation due exclusively to your inactivity, you may be permitted to re-register).AllSections shall survive any termination or expiration of these Terms of Use.

17. INDEMNIFICATION

Upon a request by us, you agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, parent, other affiliated companies, suppliers, successors, and assigns from all liabilities, claims, demands and expenses, including attorney's fees, made by any third party that arise from or are related to (a) your access to the Site, (b) your use of the Services, or (c) the violation of this Agreement (including without limitation the Terms of Use, the Additional Terms inter alia), or of any intellectual property or other right of any person or entity, by you or any third party using your Credentials. The foregoing indemnification obligation does not apply to liabilities, claims and expenses arising as a result of our own gross negligence or intentional misconduct.

18. MISCELLANEOUS

18.1 Electronic Contracting; Copyright Dispute.

Your affirmative act of using the Services and/or registering for the Services constitutes your electronic signature to this Agreement, which includes our Privacy Policy, Acceptable Use Policy and Additional Terms, and your consent to enter into agreements with us electronically.

18.2 Changes to These Terms of Use.

We may change these Terms of Use and the other documents consisting of the Agreement at any time, as we reasonably deem appropriate. Upon any such change, we will post the amended terms on the Site; we may also attempt to notify you in some other way. Your continued use of the Site and/or the Services following such posting shall constitute your affirmative acknowledgement of the Terms of Use or other applicable Agreement document, the modification, and agreement to abide and be bound by the Terms of Use or other applicable Agreement document, as amended. We encourage you to periodically review these Terms of Use. If at any time you choose not to accept these terms of use, including following any such modifications hereto, then you must stop using the site and the services.

18.3 Entire Agreement.

This Agreement and any supplemental terms, policies, rules and guidelines posted through the Services, including the Privacy Policy, Disclaimer, constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of MapMyDoctor to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

18.4 Headings.

The headings of the sections of this Agreement are for convenience only, do not form a part hereof, and in no way limit, define, describe, modify, interpret or construe the meaning, scope or intent of this Agreement or any terms or conditions therein.

18.5 Assignment.

We may assign this contract at any time, including without limitation to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity. You may not assign, transfer or sublicense this Agreement to anyone else and any attempt to do so in violation of this section shall be null and void.