(Website: www.TopDoctorsOnline.com and Mobile Apps)
User/Member may have to furnish the information required for registration to Top Doctors Online. However, without that information Member will not be able to use the services of Top Doctors Online. Medisurge Technologies Pvt. Ltd. is the sole owner of the information collected on this Site. This policy describes what information may be collected about you when you use the services made available through our website or apps, how this information may be used, how you can control how your information is used and what precautions are taken against unauthorized access or use of your information. The services made available by Medisurge Technologies Pvt. Ltd.may be provided in a variety of mediums and devices now known or hereinafter developed including mobile applications, and include without limitation news, reference tools and applications, sponsored programming, personalized content, communication tools and discussion boards (collectively, the "Services"). Medisurge Technologies will not sell, SHARE, or rent this information to others in ways different from what is disclosed in this Agreement. By consenting to this Agreement, you agree and acknowledge that Medisurge Technologies may collect, process, and transfer any information, private or otherwise, so long as Medisurge Technologies does so for the purpose for which it was collected.
In order to use Top Doctors Online, both Users/Members and Experts must first complete a registration form. During registration the Member is requested to furnish contact information, such as name and email address. This information may be used to contact the Member about the services on Top Doctors Online in which he or she has expressed interest, and is also used as Member's login information. Member may be asked to provide additional personalized information (such as experience and qualifications, areas of interest, profession, education, etc.) and unique identifiers (such as a screen name), so Medisurge Technologies may provide a more personalized experience on the same. In such case the Member may decide whether he or she wishes to provide such information or not.Also, Medisurge Technologies Pvt. Ltd. do track non-personal information (i.e., information that is not traced back to any individual and is not used on its own to identify an individual) provided to us by your browser when you use the Services, even if you have not registered, including the referring website, if applicable, the type of browser you use, and the time and date that you accessed the Services.
All information is collected and handled in accordance with the extant laws applicable to such information in India. Medisurge follows reasonable security practices and procedures, for security of information that contain managerial, technical, operational and physical security control measures that are commensurate with the information being protected.
The information furnished by the User/Member during the registration process will be kept in Medisurge Technologies’ database. Medisurge Technologies will use reasonable means to protect the integrity and safety of the database. However, such means are not fault-proof and Medisurge Technologies will therefore not be liable for any direct, indirect, consequential or incidental damage that the Member may sustain due to unauthorized intrusion of the database. Member consents to Medisurge Technologies collecting and processing Member’s personal information for normal business use by Medisurge Technologies.
The information that we make available through the Services is intended for guidance on health care and related issues. While we hope you find the Services helpful, you should remember that it is not meant to serve as a substitute for professional health care consultations. If you are a user who chooses to rely on the professional-level information available to you through the Services, you should not rely on that information as a substitute for physical visit to medical professional or use it to replace any relationship with your physician or other qualified healthcare professional. You should evaluate the information together with your physician or another qualified healthcare professional. For medical concerns, including decisions about medications and other treatments, Members should always consult their physician or, in serious cases, seek immediate assistance from emergency personnel.
Medisurge Technologies Pvt. Ltd. does not screen or edit the content of communications between Experts and Members, but Medisurge Technologies may copy, transmit and review communications conducted by or through Top Doctors Online for technical support and/or in order to uphold the terms of this Agreement. Such communications are confidential, personal and private unless both the Member and the Expert agree to other distribution, for example, by posting questions or services on the Public Boards (e.g. Q&A, Groups etc) your basic profile will be available for all registered users to see. Currently, chat communications between the Member and Medisurge Technologies’ servers are encrypted. Chat communications between the Expert and Medisurge Technologies’ servers are also encrypted, but only if the Expert is using the most current version of Medisurge Technologies’ software. Email, VOIP and phone communications are not encrypted and thus may be more susceptible to unauthorized monitoring.
Legal Requirements: We may release account and other personally identifiable information when we believe release (1) is required to comply with valid legal requirements such as a law, regulation, search warrant, subpoena or court order; or (2) is reasonable in response to a physical threat to you or others, to protect property or defend or assert legal rights. In the event that we are legally compelled to disclose your personally identifiable information to a third party, we will attempt to notify you unless doing so would violate the law, court order or government instruction.
We may release personally identifiable information to a third party in accordance with your consent, subject to the purposes and limits that we disclose when we request your consent. For example, when you choose to participate in a Sponsored Program, we will provide certain personally identifiable information to the sponsor of such program, as further described above.
We may use web beacons and cookies to serve you targeted advertisements when you visit other websites owned and operated by Medisurge Technologies Pvt. Ltd. We may also use web beacons to track who has opened our emails. Web beacons are tiny graphic image files, embedded in a website page that notify the home server (which can belong to the host website, a network advertiser, or some other third party) on a non-personally identifiable basis that some interaction has taken place. This notice may also result in a cookie being set on your device, as described above.
Medisurge Technologies Pvt. Ltd. may contract with third parties whose web beacons may be placed on it’s websites to assist Medisurge Technologies Pvt. Ltd. in targeting its advertising that is served to you on websites that are not owned and operated by Medisurge Technologies Pvt. Ltd. These web beacons place cookies on your browser in order to enable these third parties to collect non-personally identifiable information about you. These third parties have agreed not to use any non-personally identifiable information that they may collect through their use of these cookies except to deliver advertisements on our behalf. If your browser is set to reject cookies, this non-personally identifiable information will not be sent to these third parties. Also, in connection with its sale of advertising, Medisurge Technologies Pvt. Ltd. may allow a third party to place a cookie on your browser to enable advertisers to recognize your browser on a non-personally identifiable basis in order to deliver an advertisement to you when you visit a Medisurge Technologies Pvt. Ltd Website. These advertisers are not permitted to collect any information based on your visits to a Medisurge Technologies Pvt. Ltd. Site.
Medisurge Technologies’ Use of Data.
Medisurge Technologies uses IP addresses to analyze trends, administer the site, track a Member's movement, and gather broad demographic information for aggregate use. IP addresses are also linked to personally identifiable information in order to improve the Member's experience when using the Site. Medisurge Technologies may also retain any emails, letters, or other correspondence between the Member and Medisurge Technologies to ensure quality control and the best possible service, although it has no obligation to do so.
Medisurge Technologies may use the information furnished by the Member, as well as information that it collects regarding use patterns and transactions that are conducted through Top Doctors Online, in order to improve Top Doctors Online, to analyze statistical information regarding Top Doctors Online, and to furnish such statistics to third parties, including advertisers. Information furnished to third parties will not identify the Member personally.
Medisurge Technologies may from time to time send e-mail advertisements to Members, whether the material is its own or is commercial information furnished by third parties. Member is given the opportunity to 'opt-out' of having his or her information used for purposes not directly related to Top Doctors Online at the point when Medisurge Technologies asks for such information. Medisurge Technologies’ registration form has an 'opt-out' mechanism to allow for removal from newsletters, promotions, etc., and Members can always choose to 'opt-out' by following the appropriate procedure from within the Member's Medisurge Technologies account.
Ratings and testimonials provided by Members on Top Doctors Online are public and are identified by the Member's Screen Name. If the Member elects to use Medisurge Technologies’ referral service for informing a friend about the Site, Medisurge Technologies asks the Member for the friend's name and email address. Medisurge Technologies will automatically send the friend a one-time email inviting them to visit the Site. Medisurge Technologies stores this information for the sole purpose of sending this one-time email. The friend may contact Medisurge Technologies at email@example.com to request the removal of this information from its database.
Medisurge Technologies reserves the right to partner with another party to provide specific services. When the Member signs up for these services, Medisurge Technologies will SHARE names, or other contact information that is necessary for the third party to provide these services. These parties are not allowed to use personally identifiable information except for the purpose of providing these services or as otherwise specified in the registration process for such services.
Medisurge Technologies may, in its discretion, create co-branded web sites with its partners. In such case, the Member listings may appear in the co-branded site. Unless Member agrees otherwise, all personally identifiable information is stored solely by Medisurge Technologies. Medisurge Technologies does track and record an affiliate web site from which a visitor has linked to Top Doctors Online. If a visitor registers to become an Expert and/or a Member, Medisurge Technologies may track the partner website's name in order to further the relationships Medisurge Technologies has with its affiliates.
If a User/Member wishes to update his or her personally identifiable information, such as a mailing address, or if a Member no longer desires Medisurge Technologies’ service, Medisurge Technologies will endeavor to provide a way to correct, update or opt-out of any of Medisurge Technologies’ services. This can usually be done from within the Member's Medisurge Technologies account, or by emailing our Customer Support at firstname.lastname@example.org.
If the Member has any questions about Medisurge Technologies’ privacy statement, the practices of Top Doctors Online, or your DEALINGS with Medisurge Technologies, please contact: email@example.com.
Medisurge Technologies may include in Top Doctors Online advertisements on its own behalf or paid advertisements on behalf of interested companies and/or individuals. By clicking on the advertisements, the Member may be shifted to a web site of the advertiser or receive other messages, information or offers from the advertiser.
The Member acknowledges and agrees that Medisurge Technologies is not liable for the privacy practices of advertisers or the content of their web sites, information, messages or offers. The Member is wholly liable for all communications with advertisers and for all transactions subsequently executed.
Modifications and Termination of Top Doctors Online
Medisurge Technologies reserves the right to modify or discontinue, temporarily or permanently, the services in Top Doctors Online, with or without notice to Member. Member agrees that Medisurge Technologies shall not be liable to Member or any third party for any modification or discontinuance of Top Doctors Online services, or for any losses or damages that may result to Member from such discontinuation or interruption of service.
Medisurge Technologies’ services depend on various factors such as software, hardware and communications networks of Medisurge Technologies, its contractors and suppliers. Hence, Medisurge Technologies cannot guarantee that Top Doctors Online. service will be uninterrupted or that it will be timely, secure or error-free.
Medisurge Technologies is the sole owner of all the intellectual property, and in particular the copyright, trademarks, database and patents, in Top Doctors Online and in any software, application, graphics, text and other materials used therein, including the organization and selection of the materials contained therein.
Top Doctors Online contains copyrighted material, TRADE secrets and proprietary information owned by Medisurge Technologies. This Agreement does not grant the Member any rights to patents, copyrights, TRADE secrets, trade names, trademarks (whether registered or unregistered), domain names or any other rights, functions or licenses in respect of Top Doctors Online. The Member may not create derivative software based upon any trade secret, intellectual property or proprietary information of Medisurge Technologies. Furthermore, the Member may not sub-license, assign, transfer, sell or make any other commercial use of his or her membership in Top Doctors Online.
The Member may not adapt or use any trademark or trade name, domain name similar to or likely to be confused with that of Medisurge Technologies’ and Top Doctors Online, or take any other action that infringes upon or impairs Medisurge Technologies’ trademark rights.
Medisurge Technologies shall retain all ownership in and to Top Doctors Online and all content displayed on Top Doctors Online, including copies of data transferred or received by Member through the Site.
Medisurge Technologies respects the intellectual property of others, and we ask our users to do the same.
Medisurge Technologies may, in appropriate circumstances and at its discretion, terminate the account or access of users who infringe the intellectual property rights of others.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Medisurge Technologies’ Copyright Agent the following information:
An ELECTRONIC or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed, including the URL (web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
a description of where the material that you claim is infringing is located on the Site, including the URL;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Medisurge Technologies’ Copyright Agent for Notice of claims of copyright infringement can be reached as follows:
By mail: Copyright Agent
Medisurge Technologies Pvt Ltd, 120-121, CORPORATE AVENUE, Sonawala Lane, Goregaon (E), Mumbai.
By email: firstname.lastname@example.org
Medisurge Technologies may send you newsletters and other information regarding common medical and health-related topics or preventive care messages containing specific medical and health related information, links to other related websites and specific questions related to your Medisurge Technologies Record. Additionally, Medisurge Technologies makes available self-care informational services that provide general, medical and health information.
• These communications and resources are not comprehensive medical text and do not include complete potential information pertaining to the subject matter. These are solely meant for general, educational and informational purposes and should not be relied upon as a substitute for patient-specific medical diagnosis and treatment or construed, directly or indirectly as the practice of medicine or dispensing of medical services by Medisurge Technologies.
• The information contained in these communications and resources is compiled from a variety of sources and may or may not be authored by Medisurge Technologies. Medisurge Technologies makes no warranty with respect to the content of these materials or the information contained therein.
We are not responsible for anything outside of Medisurge Technologies. Now or in the future, the Content and Services may link you to other web sites or information, software, data, or other contents, on or off the Internet. These other sites or and contents are not Medisurge Technologies, and the information there is outside of our control. We do not control, endorse, or review the content of these sites, and we are not responsible for such content.
Medisurge Technologies grants Member a nonexclusive, revocable right to use the Site provided that Member does not copy, modify, create a derivative work of, reverse engineer reproduce, republish, upload, post, transmit, publicly display, or distribute in any way any material from the Site, including but not limited to text, audio, video, code and software, or otherwise attempt to discover any source code thereof, or breach this Agreement.
Members shall not to host, display, upload, modify, publish, transmit, update or share any information that —
(a) belongs to another person and to which the user does not have any right to;
(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
(c) harm minors in any way;
(d) infringes any patent, trademark, copyright or other proprietary rights;
(e) violates any law for the time being in force;
(f) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(g) impersonate another person;
(h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
(i) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
Medisurge Technologies may permit the Members to post content on the website. By displaying or posting content on the Site, you hereby grant us a nonexclusive global license to publish the content submitted by you to the Website. You also grant us global nonexclusive adaptation and resale rights over any content and material submitted to the Site. These nonexclusive publishing license and resale/adaptation rights extend to any materials submitted "for publication" within the Site, including both message board postings and content submitted for uploading and subsequent publishing within non-message board portions of the Site. Neither Medisurge Technologies nor its staff will be responsible for any misleading, false or otherwise injurious information and advice communicated on the Site or for any results obtained from the use of such information or advice. Medisurge Technologies will not be liable for any loss or damage suffered by a user / Member through the user's reliance on information and advice gained on the website.
Member shall indemnify, defend and hold harmless Medisurge Technologies, and its employees, representatives, agents and affiliates against any and all losses, damages, suits, judgments, costs and expenses (including litigation costs and reasonable attorneys' fees) arising out of or in connection with any claim, suit, action, or other proceeding brought against Medisurge Technologies or such party, to the extent that such claim, suit, action or other proceeding is based on or arises from: (a) any breach of any representation, warranty, covenant or agreement to be performed by Member according to this Agreement; (b) Member's refusal to pay for services provided by any Expert; or (c) any materials that Member had posted to Top Doctors Online or transmitted through it, and/or any content on Member's Web site or otherwise provided by Member.
This Agreement constitutes the entire understanding of the parties, and is agreed to being entered into within the jurisdiction of Mumbai and shall be governed by and shall be construed in accordance with the laws of the Republic of India, without giving effect to any choice of law rules or principles.
Any dispute with medisurge Technologies shall exclusively be subject to the jurisdiction of the appropriate Courts situated at Mumbai, Maharashtra, India. No party shall object to removal or prosecution of any litigation to a state court within Mumbai, Maharashtra, India.
Any cause of action or claim you may have with respect to Medisurge must be commenced within one (1) year after it arises, except to the extent such litigation is not enforceable.
Any notice or other communication to be given hereunder will be in writing and given by facsimile, postpaid registered or certified mail, return receipt requested, or ELECTRONIC mail. The date of receipt shall be deemed the date on which such notice is given.
Member shall not assign his or her rights and obligations according to this Agreement, in whole or in part, whether voluntarily or by operation of law, without the prior, written consent of Medisurge Technologies. Any purported assignment by Member without the appropriate prior written approval will be null and void and of no force or effect.
Modifications to this Agreement
Medisurge Technologies may change this Agreement or any part hereof at any time according to its absolute discretion and without any prior notice. Therefore, Member is encouraged to check the terms of this Agreement frequently. By using the service or Site after the changes, Member agrees to be bound by such changes to this Agreement.
Nothing in this Agreement shall be construed as making either party the partner, joint venture, agent, legal representative, employer or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. This Agreement shall be interpreted only in accordance with the laws of India (excluding any rules governing choice of laws), and any legal proceeding arising out this Agreement will occur exclusively in the courts located in New Delhi, India. This Agreement will be binding and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto. This Agreement (and the policies referenced herein and incorporated by reference) constitutes the entire agreement between Medisurge Technologies and Member with respect to the subject matter hereof, and Member has not relied upon any promises or representations by Medisurge Technologies with respect to the subject matter except as set forth herein. Top Doctors Online services are not open to Members who live in a country that is prohibited by law, regulation, treaty or administrative act from entering into TRADE relations with the India.
No amendment to this Agreement will be effective unless made in writing. The paragraph headings herein are solely for the sake of convenience and will not be applied in the interpretation hereof. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of this Agreement will remain in full force and effect.
The Member may report any violation of this Agreement to email@example.com
In case any Member has any grievance with respect to handling / treatment of its information may contact the Grievance officer on firstname.lastname@example.org
Contact Details: email@example.com
The Grievance officer will carry out the necessary inquiry and action on your complaint within 30 days of receipt of your complaint.
Last Updated: March ,2018