Effective Date: Jan, 2016
The Agreement applies to you whether you are -
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:
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.
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.
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.
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.
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.
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 firstname.lastname@example.org.
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.
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:
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.
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.
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.
15.1 Without prejudice to the generality of the above, MapMyDoctor will not be liablefor:
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.
18.1 Electronic Contracting; Copyright Dispute.
18.3 Entire Agreement.
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.
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.