Medisurge Technologies does not evaluate or guarantee the accuracy or success of any answers, advice or services given through the Site. The site and the services provided by Medisurge Technologies are provided "as is" “With/with out fault” with no warranty. Medisurge Technologies expressly disclaims any warranty, regarding the site and all services, including any implied warranty of merchant fitness for a particular purpose or for failure of performance. Medisurge Technologies does not warrant that the services provided by Medisurge Technologies or the site of the verification that services will be free from bias, defects, errors, eavesdropping or listening. Medisurge Technologies shall not be responsible for the quality of information or the authentication of the services or details given by experts on the site. By using this site you accept the terms and conditions of this Disclaimer. You agree that any use you make of such answers, advice or services is at your own risk and that Medisurge Technologies is not responsible for any damages or losses resulting from your reliance on such answers or advice. By submitting a question here, you understand and expressly agree that Medisurge Technologies is not responsible for any reply or information that you do or do not receive, and you expressly agree to hold Medisurge Technologies harmless from any loss, harm, injury, or damage whatsoever resulting from or arising out of your submission of the question or your use of or reliance on any response thereto.
Disclaimer of Warranty and Limitation of Liability
USER/MEMBER ACKNOWLEDGES AND AGREES THAT THE TOPDOCTORSONLINE.COM SERVICE IS PROVIDED “AS IS”, AND THEREFORE MEMBER WILL NOT HAVE ANY CLAIM OR DEMAND VIS-A-VIS MEDISURGE TECHNOLOGIES IN RESPECT TO MEDISURGE TECHNOLOGIES’ EXPERTS, PROPERTIES, LIMITATIONS OR COMPATIBILITY WITH THE MEMBER'S NEEDS. THE USE OF TOPDOCTORSONLINE.COM IS AT THE MEMBER'S SOLE RISK. TO THE FULLEST EXTENT OF THE LAW, MEDISURGE TECHNOLOGIES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY.
MEDISURGE TECHNOLOGIES EXPRESSLY DISCLAIMS ALL WARRANTIES FOR INFORMATION POSTED OR TRANSMITTED BY EXPERTS. IF A MEMBER DECIDES TO RELY ON INFORMATION PROVIDED BY AN EXPERT FOLLOWING THE USE OF TOPDOCTORSONLINE.COM, MEMBER MUST EXERCISE A HIGH STANDARD OF CARE. THE MEMBER SHALL NOT HAVE ANY CLAIM OR DEMAND VIS-A-VIS MEDISURGE TECHNOLOGIES, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS IN RESPECT TO ANY SERVICE OR ADVICE MEMBER DECIDES TO RECEIVE AND/OR TO RELY ON. MEDISURGE TECHNOLOGIES WILL NOT BE DEEMED THE PROVIDER OR RECIPIENT OF ANY SERVICES OR INFORMATION ACQUIRED THROUGH TOPDOCTORSONLINE.COM. THE PURCHASE OF SERVICES IS AFFECTED AT THE MEMBER'S SOLE RISK.
UNDER NO CIRCUMSTANCES WILL MEDISURGE TECHNOLOGIES, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS BE LIABLE TO ANY MEMBER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ARISING FROM THE SERVICES OR ANY PROVISION OF THIS AGREEMENT. MEDISURGE TECHNOLOGIES, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS’ AGGREGATE LIABILITY FOR DIRECT DAMAGES ARISING WITH RESPECT TO THIS AGREEMENT WILL NOT EXCEED THE TOTAL AMOUNT OF MONEY PAID BY MEMBER TO EXPERTS THROUGH TOPDOCTORSONLINE.COM IN THE SIX MONTH PERIOD PRIOR TO THE DATE THE CLAIM AROSE. MEMBER ACKNOWLEDGES AND AGREES THAT MEDISURGE TECHNOLOGIES DISCLAIMS ANY LIABILITY WITH RESPECT TO ANY CLAIM, SUIT OR ACTION BROUGHT BY AN EXPERT IN CONNECTION WITH PAYMENT FOR SERVICES BY THE MEMBER AND MEMBER AGREES TO INDEMNIFY AND HOLD MEDISURGE TECHNOLOGIES HARMLESS IN CONNECTION WITH ANY SUCH CLAIM.
MEDISURGE TECHNOLOGIES WILL NOT BE LIABLE FOR ENFORCING ANY AGREEMENT THAT WAS MADE BETWEEN AN EXPERT AND A USER/MEMBER, INCLUDING A MEMBER FEE AGREEMENT. MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY AGREEMENT MADE WITH AN EXPERT.
IN THE EVENT OF A DISPUTE REGARDING ANY TRANSACTION CONDUCTED THROUGH TOPDOCTORSONLINE.COM, THE MEMBER HEREBY RELIEVES MEDISURGE TECHNOLOGIES, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS FROM ALL MANNER OF ACTIONS, CLAIMS OR DEMANDS AND FROM ANY AND ALL LOSSES (DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL), DAMAGES, COSTS OR EXPENSES, INCLUDING, WITHOUT LIMITATION, COURT COSTS AND ATTORNEYS' FEES, WHICH MEMBER MAY HAVE AGAINST ONE OR MORE OF THE ABOVE.
User / Member Agreement
By submitting the User/Member registration form, you, the User/Member, represent, warrant and agree to the following:
You are at least 18 years of age or a legally organized entity, that he or she is authorized to represent the person who is submitting a Member registration, and that he or she is authorized to sign the registration form on his or her behalf and bind him or her.
The information furnished by you in the registration form is accurate, true and complete, and you will maintain and update such information during the term of this Agreement so that it will remain true, accurate, current and complete.
You, the User/Member, will be solely and fully liable for all conduct, postings and transmissions that are made under your user name and password. You warrant and declare that while you are using TopDoctorsOnline.com you will act according to the following rules and agree to the following:
User/Member will have the sole responsibility to verify the Expert's identity, qualifications, credentials, biographic information, licenses held, and other information delivered to Member by an Expert.
In addition, Medisurge Technologies cannot and will not make any effort to verify the identity, qualifications, credentials, biographic information and any of information regarding any of the Experts.
Medisurge Technologies is not involved in any transactions between Member and Expert. Medisurge Technologies does not control the quality, relevance or accuracy of the advice, whether the Expert is qualified to provide the specific advice, whether the Expert is categorized correctly or in the most appropriate category to provide the advice sought by the Member, the accuracy of any postings on the Site or any transmissions through it by Members or Experts.
All interactions between Member and Expert will be billed through Medisurge Technologies regardless if the interaction is online or offline. Member agrees to abide by the pricing terms agreed upon with an Expert while utilizing TopDoctorsOnline.com and to pay Medisurge Technologies for all services rendered to Member by Experts.
User/Member will not take any actions that may undermine, disrupt or manipulate the integrity of the Member feedback (rating) system on the Site. Currently only ratings for paid sessions will count towards the expert's public ratings and rating average. Medisurge Technologies may change the above-mentioned rating system at any time and without warning, and even remove old ratings posted for paid. Medisurge Technologies also reserves the right to exclude without explanation any rating that we think may compromise the integrity of the member feedback system.
User/Member will not to interfere with or disrupt the TopDoctorsOnline.com servers or networks connected to the Site.
User/Member will not attempt to gain unauthorized access to other computer systems or networks connected to the Site, and will not transmit “junk mail”, “spam”, or any unsolicited mass distribution of email or bulletin board postings.
User/ Member shall not to host, display, upload, modify, publish, transmit, update or share any information that —
- belongs to another person and to which the user does not have any right to;
- 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;
- harm minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonate another person;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- 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.
User/Member will not disobey or breach this Agreement or any other applicable instructions conveyed by Medisurge Technologies;
Medisurge Technologies enables the transfer of files between Members and Experts. When opening such file attachments received from Experts it is the Member's responsibility to scan them with an anti-virus software application prior to opening them;
User/Member will not impersonate any person or entity, or make any false statement regarding his or her employment, agency or affiliation with any person or entity;
User/Member will not stalk, threaten or harass Experts or other Members or infringe upon or attempt to infringe upon their privacy and
Medisurge Technologies may review the Member's personal profile and amend any typing or spelling errors. Medisurge Technologies cannot and will not examine the validity or accuracy of the details in the Member's personal profile or in any of the Member's postings or transmissions. However, Medisurge Technologies may, in its absolute discretion, refuse to post, transmit or remove any content uploaded by the Member. Without derogating from the above, Medisurge Technologies may remove any content violating this Agreement. The Member will bear all the risks associated with the uploading and transmitting of material while utilizing TopDoctorsOnline.com, including reliance on its accuracy, reliability or legality.
User/Member and Medisurge Technologies Fees
Medisurge Technologies will use reasonable efforts to process the payments due from the User/Member according to the terms agreed upon between User/Member and an Expert within seven (7) working days from the execution date of each transaction.
User/Member is obligated to report to Medisurge Technologies in cases when he or she was billed directly by an Expert (i.e. not through Medisurge Technologies). Such report should include a description of the service that was rendered by the Expert and the price charged.
Time charges to User/Members are based on increments of a minute as measured on Medisurge Technologies’ servers. Charges to Users/Members are rounded up so that any part of a minute is considered a full minute of time charges. Medisurge Technologies’ billing system is not fault-free or flexible; therefore Medisurge Technologies shall not be liable for any problems, miscalculations or malfunctions in processing the payments owed by the Member. If the User/Member thinks that a mistake has occurred he or she may send his or her complaint to accounting @ TopDoctorsOnline.com.
The calendar as seen on the Website is based on Indian Standard Time (I.S.T.). If a Member is outside of the IST time zone, it is that member’s responsibility, at the time of scheduling and at the time of attendance of their consultation, to accommodate for this difference. Medisurge will not refund or reschedule appointments based on an error made by the client regarding this issue.
User consents Medisurge Technologies Pvt. Ltd to contact him/her during the course of providing the service. User understands that this will override the DND status of his/her mobile number.
User Name and Password
When you, the User/Member, create and open an account with TopDoctorsOnline.com, you will be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password and user name and any other security information related to your account. You will be fully responsible for all activities that occur under your account, user name or password. You may not use the account, username or password of someone else at any time. You will immediately notify Medisurge Technologies of any unauthorized use of Member's password, user name, e-mail, or any other breach of security. Medisurge Technologies encourages Member to change their password at least once a month. Medisurge Technologies will not be liable for any loss that you incur as a result of someone else using your account or your password, either with or without your knowledge. You may be held liable for any losses incurred by Medisurge Technologies due to someone else’s use of your account or password.
Although every effort is made to provide correct, complete and accurate information on this website for the contents, persons, service providers, consultants etc. and also their authenticity is verified as per the prescribed standard and norms of their country. There are remote possibilities of any technical and human error. Visitors to this site are at their discretion to cross check with other sources in general about the contents, persons, service providers, consultants etc. before relying, acting, using , following and adopting the same , the visitors may exercise their discretion to consult their experts for their satisfaction.
Even verified for their accuracy, authenticity, knowledge, acumen, the contents, persons, service providers, consultants etc. are if reveled contrary to their claim, in such case the owner of the website shall not be held responsible for any eventuality and the Visitors of the website may avail recourse to their claim etc. against the content writers, persons, service providers, consultants etc, in and under the law of the Country where from the contents, persons, service providers, consultants etc. are ordinarily placed /residing or engaged into their profession or business.
It is recommended to the Visitors of this website to verify the ordinary place of residence, practice, profession, business, of the person/s, service provider/s, consultant/s etc.
Accordingly, the owners of the website shall not be held liable and responsible for any loss, damages or inconvenience whatsoever and howsoever is caused for any reason whatsoever and howsoever is arose, by any means i.e. directly or indirectly to any person / user/ visitor, as a result of their use of this website and any information gathered/supplied there from.
The Contents, materials, articles, advices, discussions, and /or any subjective issue which are uploaded, generated, created, formed on this web-site shall ordinarily be an intellectual property of the owners of this web site, in any form such as trade mark, copy right or design mark etc. and same shall not be reproduced partially or fully, without due permission from the owners of the web site. In case of the independent contributor of the web site for the Contents, materials, articles, advices, discussions or which are sourced from the interaction of any particular visitor, service provider, consultant etc., except the said contributor, particular visitor, content writer, service provider, author, consultant etc, no person shall reproduce the same partially or fully, without due permission from the owners of this web site. Any Contents, materials, articles, advices, discussions of this website can not be used in any misleading or objectionable context. For seeking the express permission for any business queries, the owners of the website may be contacted at firstname.lastname@example.org .For any feedback or queries on the website and its content please write to us at email@example.com
Last Updated: January, 2015