Terms of Service

Last revised on Jan, 2019

Note! You are concluding a legally Binding Agreement.

Your Agreement with MEDICOSA

We encourage you to read this User Agreement with great care in order to participate with us as a user in the development of a quality service. By becoming a user, you acknowledge that you have read and understood the terms and conditions of this User Agreement and that you agree to be bound by all of its provisions.

Comply with laws and the Agreement

You must comply with all applicable laws, the agreement as may be amended, and the following terms which are incorporated into this agreement.

1. DOCTOR SPECIFIC

1.1 Doctor’s Rights and Obligations

The purpose of MEDICOSA is to provide an information infrastructure to facilitate your healthcare practice management, patient care management, patient schedule management, and your professional collaboration with the providers across the world. It is intended that healthcare provider only connect to other healthcare provider who they currently know and seek to further develop a professional relationship with those providers. Connection with consumers (patients) and access to their EMR is only being allowed with their consent online.

MEDICOSA may limit the number of connections you may have to other users and prohibit you from contacting other users through use of the services.

For as long as MEDICOSA continues to offer services, MEDICOSA shall provide (seek to update, improve and expand in similar and different new ways) the MEDICOSA platform and service with the purpose of providing all members with patient schedule management and professional networking connectivity through MEDICOSA’s proprietary tools, rules and protocols which MEDICOSA may update, improve, discontinue and change any time at MEDICOSA’s sole discretion.

1.2 Service Eligibility

You represent and warrant that you (a) are a qualified medicine doctor from government recognized university (b) have not previously been suspended or removed from MEDICOSA (c) are not a direct competitor of MEDICOSA (d) do not have more than one MEDICOSA provider account at any given time and (e) that you have full power and authority to enter into this Agreement and in doing so will not violate any other agreement to which you are a party. In addition, you must provide all equipment and software necessary to connect to MEDICOSA, including, but not limited to, if the Service contains a mobile element, a mobile hand set or other mobile access device that is in working order and suitable for use in connection with the service and to use any part of the Service.

2. CONSUMER SPECIFIC

2.1 Consumer’s Rights and Obligations

2.2 Not Medical Advice

MEDICOSA does not offer medical advice. Any content accessed through MEDICOSA is for informational purposes only and is not intended to cover all possible use cases, directions, precautions, drug interactions, or adverse effects. This content should not be used during a medical emergency or for the diagnosis or treatment of any medical condition. Please consult your doctor or other qualified health care provider if you have any questions about a medical condition, or before taking any drug, changing your diet or commencing or discontinuing any course of treatment. Do not ignore or delay obtaining professional medical advice because of information accessed through MEDICOSA.

2.3 Use of Your Information

If you create, transmit, or display health or other information while using MEDICOSA, you may provide only information that you own or have the right to use. When you provide your information through MEDICOSA, you give MEDICOSA team a license to use and distribute it in connection with MEDICOSA and other MEDICOSA services. However, MEDICOSA may only use health information you provide as permitted by the MEDICOSA privacy policy, your sharing authorization and applicable law. MEDICOSA Team is not a "covered entity" under the Health Insurance Portability and Accountability Act of 1996 and the regulations promulgated there under ("HIPAA"). As a result, HIPAA does not apply to the transmission of health information by MEDICOSA Team to any third party.

2.4 AUTHORIZATION as Consumer

I hereby authorize MEDICOSA team to share the health information contained in my MEDICOSA profile(s) in its entirety to only those entities and individuals I designate, for the purpose of providing me with medical care and for the purpose of sharing my information with others that I choose.

I understand and agree that this authorization permits the disclosure of health or treatment information about me, to the entities and individuals I designate, that may also contain sensitive information relating to the following: * HIV or AIDS * Mental illness or any mental health condition * Alcohol or substance abuse * Sexually transmitted diseases * Pregnancy * Abortion or other family planning * Genetic tests or genetic diseases.

I understand and agree that this authorization also covers any record that was created by a doctor or other health care provider other than the doctor or health care provider who supplied the record to MEDICOSA.

This authorization will remain in effect and permit the ongoing disclosure by MEDICOSA team of information in the MEDICOSA service until I delete my profile(s) in the MEDICOSA service entirely or revoke the authorization. I may revoke this authorization at any time by using the features or options described in the MEDICOSA FAQ. I understand that my revocation will not apply to actions MEDICOSA team has already taken in reliance on my prior authorization.

I understand and agree that in addition to the information I choose to share, MEDICOSA team may only share information in the limited circumstances described in the MEDICOSA privacy policy.

I understand that I may request a copy of this authorization at any time.

3. GENERAL RULES

3.1 Your Account and Use of Medicosa

You must provide accurate and complete registration information any time you register to use MEDICOSA. You are responsible for the security of your passwords and for any use of your account. You must immediately notify MEDICOSA Team of any unauthorized use of your password or account by following the instructions at policies .

Your use of MEDICOSA and any content accessed through MEDICOSA must comply with all applicable laws, regulations and ordinances, including any laws regarding the export of data or software. You must be at least 18 years old to use MEDICOSA.

You may not access MEDICOSA other than by the interfaces provided by MEDICOSA team or interfere with or disrupt the proper operation of MEDICOSA.

We allow you to access MEDICOSA as it may exist and be available on any given day. We have no other obligations, except as expressly stated in this agreement. We may modify, replace, refuse access to, suspend or discontinue MEDICOSA, partially or entirely, or to charge and modify prices for MEDICOSA. All of these changes shall be effective upon their posting on our site or by email communication to you. We reserve all rights not expressly granted herein, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in MEDICOSA and all related items.

MEDICOSA reserves the right to withhold, remove and or discard any content available as part of your account, with or without notice. For avoidance of doubt, MEDICOSA has no obligation to store, maintain or provide you a copy of any content that you or other users provide when using the services.

MEDICOSA may include or automatically produce links to third party web sites (“Third Party Sites”). MEDICOSA is not responsible for and does not endorse any advertising, products or other materials on or available from such web sites or resources. MEDICOSA may also include articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). If you decide to leave MEDICOSA and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from MEDICOSA or relating to any applications you use or install from the site.

You acknowledge and agree that we may send you important information and notices regarding the service by email or through other means, including mobile or other hand held devices. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Service. You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process (b) enforce this agreement (c) respond to claims of a violation of the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of MEDICOSA, the MEDICOSA affiliates, its users and the public.

You are solely responsible for your interactions with other members (healthcare providers or consumers). MEDICOSA reserves the right, but has no obligation to monitor disputes between you and other members and to terminate your account if MEDICOSA determines in its sole discretion, that doing so is prudent.

3.2 Keep your password secure

Keep your password confidential, do not use other users accounts and do not let others use your account. You are responsible for anything that happens through your account — until you notify us of a breach, close down your account or prove that your account security was compromised due to a fault of our systems. You are prohibited from selling, trading or otherwise transferring your MEDICOSA account or any information therein to another party or charging anyone for access to any portion of MEDICOSA, or any information therein.

3.3 Privacy

You should carefully read our full Privacy Policy before deciding to become a user of MEDICOSA. Please note that certain information, statements, data and content (such as photographs) which you may choose to provide might, or are likely to, reveal your gender, ethnic origin, nationality, religion, and that you are providing all such information, statements, data and content in full acknowledgment thereof and under your sole responsibility. By providing such information to us, all of which is optional, you are hereby expressly giving your informed consent to the processing by us of such “sensitive” data.

Notices: We may notify you via postings on www.MEDICOSA.com, and via email or any other communications means to contact information you provide to us.

3.4 Amendments to this Agreement

We reserve the right to modify, supplement or replace the Terms of the Agreement, effective upon posting at MEDICOSA.com site or notifying you otherwise. If you do not want to agree to changes to the Agreement, you can terminate the Agreement at any time per Section 3.10 hereof.

3.5 Additional Terms

Your use of MEDICOSA and any content accessed through MEDICOSA is subject to each of the additional terms provided in connection with MEDICOSA, including the MEDICOSA Privacy Policy, the Sharing Authorization, and the MEDICOSA Legal Notices.

3.6 Content and Services Accessed through MEDICOSA

MEDICOSA may include content that you find offensive, including health-related content that is sexually explicit.

MEDICOSA Team may make third-party services available through MEDICOSA. In order to use a specific service, you may choose to allow the third-party service provider to retrieve, provide, and/or modify health and other information in your account or otherwise share your information with the service provider. Once you enable a specific third-party service provider to access your account, the service provider may continue to access your account until you affirmatively disable access. Third-party service providers include both health care providers and other entities. It is your sole responsibility to review and approve each such third-party service before sharing your information through or otherwise accessing it.

MEDICOSA Team may screen, modify, refuse, or remove certain content or third-party services, but is not responsible for and does not endorse any third-party content or services. MEDICOSA Team further does not endorse any third-party service providers, other health care providers, products, services, opinions, or web sites accessed through MEDICOSA.

Use of the services and reliances on this content is solely at your own risk. MEDICOSA team may not be held liable for any damages arising out of or related to your use of any THIRD-PARTY SERVICE or content. Providers of these third-party services and/or content are MEDICOSA Team's "Licensors".

3.7 MEDICOSA Team Proprietary Rights

MEDICOSA Team and its Licensors own all proprietary rights to MEDICOSA. MEDICOSA Team gives you a personal, revocable, non-assignable, and non-exclusive license to use MEDICOSA.

3.8 Payment

If you subscribe to any services that we offer for a charge, you will pay the applicable fees (including, without limitation, monthly fees for specific privileged accounts) as they become due plus all related taxes and reimburse us for any collection costs and interest for any overdue amounts. Please note that in order to subscribe to certain services, you are required to enter into separate agreements with us on an ad hoc basis. The terms and conditions of such agreements will be conveyed to you every time when you proceed to transact. If you fail to pay a debit order or other amount for any reason when due, we may suspend your subscription to or use of a service.

3.9 Modification and Termination of MEDICOSA

MEDICOSA Team may place limits on, modify, suspend or terminate MEDICOSA generally, and may suspend or terminate your use of MEDICOSA if you fail to comply with this agreement. This suspension or termination may delete your information, files, and other previously available content. If MEDICOSA team terminates MEDICOSA or your use of MEDICOSA, this agreement will also terminate.

3.10 Termination

You may terminate this agreement, for any or no cause, at any time, with notice to MEDICOSA which shall be effective upon MEDICOSA processing such notice. MEDICOSA may terminate the Agreement for any or no cause, at any time, with or without notice, which shall be effective immediately or as may be specified in the notice. For avoidance of doubt, your access to any Premium Services may be terminated only by MEDICOSA or the party paying for such services. Termination of your MEDICOSA account includes disabling your access to MEDICOSA (including any content you submitted or others submitted) and may also bar you from any future use of MEDICOSA.

In furtherance and without limiting the foregoing, MEDICOSA has adopted a policy of terminating, in appropriate circumstances and at MEDICOSA sole discretion, members who are deemed to be repeat infringers under the United States Copyright Act. MEDICOSA may also at its sole discretion limit access to the Service and/or terminate the memberships of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

3.11 Changes to this Agreement

MEDICOSA Team may change this agreement and will post the modified agreement at Policies. If you do not agree to the modified agreement, you should stop using MEDICOSA. Your continued use of MEDICOSA after the date the modified agreement is posted will constitute your acceptance of the modified agreement.

3.12 Indemnification

You will defend or settle any third-party claim against MEDICOSA Team, any third party MEDICOSA feature providers, or any of MEDICOSA Team's other licensors arising out of or related to your use of MEDICOSA.

You have to indemnify us and hold us harmless from any damages, losses and costs (including, but not limited to, reasonable attorneys’ fees) related to third party claims, charges or investigations, caused by your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, any content you submit to MEDICOSA or any activity in which you engage on or through the MEDICOSA.

3.13 Exclusion of Warranties

We provide the platform for MEDICOSA and all information and services on an “as is ” and “as available” basis . Neither MEDICOSA team nor MEDICOSA's licensors are liable to any information therein or its continuation as we do not provide express warranties or representations .To the fullest extent permissible under applicable law , we disclaim any and all implied warranties and representations including without limitation any warranties of merchantability and fitness for a particular purpose,title and non infingement . If you are dissatisfied or harmed by MEDICOSA or anything related to MEDICOSA , you may leave MEDICOSA and terminate the agreement in accordance with section 3.10 hereof and such termination shall be your sole and exclusive remedy .MEDICOSA is not responsible and makes no representations or warranties for the delivery of any messages (such as in mails , posting of answers or transmission of any other user generated content )sent to MEDICOSA to anyone.In addition we neither warrant nor represent that your use of that service will not infringe the rights of third parties. Any material ,service or technology described or used on the website may be subject to INTELLECTUAL PROPERTY RIGHTS owned by third parties who have licensed to us such material ,service or technology. MEDICOSA does not have any obligation to verify the identity of the person subscribing to its services nor it have any obligation to monitor the use of its services by other users of the community .Therefore , MEDICOSA declines all liability for identity theft or any other misuse of your identity or information. MEDICOSA does not guarantee that the services which it provides will function without interruption or errors in functioning .In particular their their function may be momentarily interrupted due to maintaineance , updates or technical improvements. MEDICOSA disclaims all liability for damages caused by any such interruption or errors in functioning . Furthermore , MEDICOSA disclaims all liability for any misfunctioning ,impossibility of access or poor use conditions of the MEDICOSA site due to inappropiate equipment ,disturbences linked to the internet service provioder , to the saturation of the internet network and for any other reason unrelated to MEDICOSA.

3.14 Limitation of Liability

Neither you nor MEDICOSA team or any of its licensors may be held liable under theis aggrement for any damages other than direct damages, even if the party or should know that others damages are possible or that direct damages are not a satisfactory remedy. The limitations in this section apply to you only to the extent they are lawful in your jurisdiction . Neither you nor MEDICOSA team or any of its licensors may be held liable under this agreement for morethan Rs1,000.

The limitations of liability in this Section do not apply to breaches of intellectual property provisions or indemnification obligations.

3.15 General Legal Terms

If you have not signed a separate written agreement with MEDICOSA Team related to MEDICOSA, this agreement is the entire agreement between you and MEDICOSA Team related to MEDICOSA, replacing any prior agreements. If there is any conflict between this agreement and a signed written agreement between you and MEDICOSA Team related to MEDICOSA, the signed written agreement will control. MEDICOSA Team's Licensors may be third party beneficiaries to this agreement. There are no other third party beneficiaries to this agreement. The parties are independent contractors, and nothing in this agreement creates an agency, partnership, or joint venture.

If MEDICOSA Team provides you with a translation of the English language version of this agreement, the English language version of this agreement will control if there is any conflict.

Failure to enforce any provision will not constitute a waiver of that provision. If any provision is found unenforceable, it and any related provisions will be interpreted to best accomplish the unenforceable provision's essential purpose.

This agreement is governed by Indian law, excluding India's choice-of-law rules. THE EXCLUSIVE VENUE FOR ANY DISPUTE RELATING TO THIS AGREEMENT IS DELHI HIGH COURT. You and MEDICOSA team consent to the personal jurisdiction of these courts. Nothing in this agreement limits either party's ability to seek equitable relief.