Effective January 2017
1. Introduction and Acceptance
Welcome to www.eremedium.in, (“Website”) an interactive online service operated by Network Solutions and its affiliates (“” “us,” “we,” or “our”). The following terms and conditions, together with any documents they expressly incorporate by reference, govern your access to and use of www.eremedium.in, including any content, functionality and services offered on or through www.eremedium.in, including all ERemedium programs.
We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time, and such modifications shall be informed to you in writing. You should read the Agreement at regular intervals. Your use of the Website following any such modification constitutes your agreement to follow and be bound by the Agreement so modified.
You acknowledge that you will be bound by this Agreement for availing any of the Services offered by us. If you do not agree with any part of the Agreement, please do not use the Website or avail any Services.
Your access to use of the Website and the Services will be solely at the discretion of ERemedium.
The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:
the Indian Contract Act, 1872,
the (Indian) Information Technology Act, 2000, and
the rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”).
2. Intellectual Property
3. Neither We nor Our Website Provide Medical Advice
(A) OUR WEBSITE AND WEBSITE CONTENT ARE PROVIDED ON AN “AS IS” BASIS. WE OFFER HEALTH RELATED WEBSITE CONTENT TO EDUCATE AND TO AID THE GENERAL UNDERSTANDING OF USERS. NOTHING CONTAINED IN OUR WEBSITE SHOULD BE TAKEN, CONSIDERED OR USED AS A SUBSTITUTE FOR MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. ALWAYS VERIFY THE INFORMATION PROVIDED BEFORE RELYING ON IT TO TREAT OR ADVISE PATIENTS.
(B) TO THE EXTENT YOU ARE EVALUATING OUR WEBSITE CONTENT FOR PERSONAL MATTERS, NEVER DISREGARD, AVOID OR DELAY IN OBTAINING MEDICAL ADVICE FROM YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER BECAUSE OF SOMETHING YOU HAVE READ ON OUR WEBSITE. YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER BEFORE MAKING ANY MEDICAL DECISIONS. IF YOU HAVE OR SUSPECT THAT YOU HAVE A MEDICAL PROBLEM OR CONDITION, PLEASE CONTACT A QUALIFIED HEALTH CARE PROFESSIONAL IMMEDIATELY.
(C) We provide the Website including, without limitation, Website Content for educational, promotional and, if accessing through your Practice (defined below), account management purposes only. You may not rely on any information and opinions expressed on any of our Website for any other purpose. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of Website Content. Under no circumstances will we be liable for any loss or damage caused by your reliance on any Website Content.
(D) The Website may contain links to other websites maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the content found on these third-party websites. You assume sole responsibility for your use of third-party links. We are not responsible for any content posted on third-party websites or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their website.
4. Website Access and Use
(A) Access to the Website including, without limitation, the Website Content is provided for your information and non-commercial use only.
5. User Registration
(A) In order to access or use some features of the Website, you will need to become a registered user, and you may be asked to provide certain details and information to become a registered user. If you register with our Website, you agree to provide true, accurate and complete registration information. If this information changes, you agree to promptly update the relevant registration information. During registration, you will create (if accessing as an individual) or will be provided (if registering through your Practice) a username and password (a “Membership”).
(C) If you register through your Practice, your Practice will have access to all information you submit through the Website, your user name/password, and your activities on the Website. You and your Practice are solely responsible for the activity that occurs under your Membership, whether or not that specific activity has been authorized by the Practice. If you subsequently leave that Practice, you agree not to thereafter access our Website using the same registration information.
6. User Content
(A) We may now or in the future permit users to post, upload, transmit, or otherwise make available on the Website, in-office monitors, or other equipment (collectively, “submit”) messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or other materials (“User Content”). Subject to the rights and license you grant herein, you retain all right, title and interest in your User Content. We do not guarantee any confidentiality with respect to User Content, even if it is not published on the Website. It is solely your responsibility to monitor and protect any intellectual property rights that you may have in your User Content, and we do not accept any responsibility for the same.
(B) You shall not submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content that you submit.
(C) You expressly agree that you will not submit any User Content that:
Moreover, any conduct by a user that, in our sole discretion, restricts or inhibits any other user from using or enjoying the Website will not be permitted.
(E) If your User Content is intended to be posted on our Website, you also grant us the right, but not the obligation, to use your biographical information including, without limitation, your name and geographical location in connection with broadcast, print, online, or other use or publication of your User Content. Notwithstanding the foregoing, you waive any and all claims you may now or later have in any jurisdiction to so-called “moral rights” with respect to the User Content. We reserve the right to display advertisements in connection with your User Content and to use your User Content for advertising, promotional, or any other purpose we deem appropriate.
(F) We have the right, but not the obligation, to monitor User Content. We have the right in our sole discretion and for any reason whatsoever to edit, refuse to post, remove, or disable access to any User Content.
8. Disclaimers of Warranties
(A) YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE AND WEBSITE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, AND THEIR RELATED COMPANIES DISCLAIM ANY AND ALL WARRANTIES INCLUDING ANY: (1) WARRANTIES THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS; (2) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE WEBSITE OR WEBSITE CONTENT; (3) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (4) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON OUR WEBSITE OR ACCESSED THROUGH THE WEBSITE; (5) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE; (6) WARRANTIES THAT YOUR USE OF THE WEBSITE WILL BE SECURE OR UNINTERRUPTED; AND (7) WARRANTIES THAT ERRORS IN THE SOFTWARE WILL BE CORRECTED.
9. Limitation on Liability
(C) In some jurisdictions limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you. These limitations shall apply to the fullest extent permitted by law.
11. Copyright Policy
(A) We respect the intellectual property rights of others and expect users to do the same. In appropriate circumstances and at our sole discretion, we may terminate and/or disable the Membership of users suspected to be infringing the copyrights (or other intellectual property rights) of others. Additionally, in appropriate circumstances and in our sole discretion, we may remove or disable access to material on any of our websites or hosted on our systems that may be infringing or the subject of infringing activity.
(B) In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), we will respond promptly to claims of copyright infringement that are reported to us.
(C) If you are a copyright owner (or authorized to act on behalf of the copyright owner) and believe that your work’s copyright has been infringed, please report your notice of infringement to us by providing us with a written notification of claimed infringement that includes substantially the following:
We will investigate notices of copyright infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.
12. Choice of Law; Jurisdiction And Venue
13. Dispute Resolution And Mandatory Arbitration
(A) We each agree to first contact each other with any disputes and provide a written description of the problem, all relevant documents/information and the proposed resolution, and allow at least thirty (30) days to resolve the dispute before proceeding to arbitration.
(B) The parties understand that they would have had a right or opportunity to litigate disputes through a court and to have a judge or jury decide their case, but they chose to have any disputes resolved through arbitration.
14. Amendment; Additional Terms