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Term & Condition

Terms and Conditions of Use Agreement

 

1. THIS IS A BINDING AGREEMENT

1.1           Below are the terms that apply to all Subscribers of MYMEDICALREPORTS.IN, Inc. products and services. MYMEDICALREPORTS.IN provides you with secure, safe online storage for your important personal health and medical records, and other vital documents. You should familiarize yourself with these terms because they establish your rights and responsibilities as a Subscriber. We understand that the privacy and security of your personal records are important, and we use the most advanced security technology available to protect that privacy. However, please keep in mind that your records are only secure if you protect your password and change your password frequently. As you navigate our web site and use the services we offer, do not hesitate to contact us if you have any questions or face any difficulties.

This Terms and Conditions of Use Agreement (Agreement) between you and MYMEDICALREPORTS sets forth the general terms and conditions governing your use of the MYMEDICALREPORTS.IN Site and the products and services available on the Site. BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IT IS DEEMED THAT YOU HAVE GONE THROUGH THE TERMS AND CONDITIONS, FULLY UNDERSTOOD THEM AND ONLY THEN ARE USING THE SITE. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE MYMEDICALREPORTS.IN SITE.

 

1.2           As used in this Agreement, the terms “Mymedicalreports”, “MYMEDICALREPORTS.IN”, “MYMEDICALREPORTS”, “"we," "us," or "our" refer to MYMEDICALREPORTS.IN, Inc. As used in this Agreement, the term “Subscriber” is as defined herein.

 

1.3           The MYMEDICALREPORTS.IN web site (“MYMEDICALREPORTS.IN” or the “Site”) is an on-line information and communications service provided by MYMEDICALREPORTS.IN that contains health and health-related information about an individual or multiple related individuals that is submitted and/or entered by healthcare providers, healthcare organizations, and/or the individual and/or his or her Asignee.

 

1.4           Definitions.

(a)                “Account” shall mean the file of health and health-related information of a Subscriber and/or his or her family members that may be accessed, stored, used, and updated only by the Subscriber and/or his or her assignee(s).

 

(b)                “Subscriber” shall mean an individual who executes or enters into this Agreement with MYMEDICALREPORTS to maintain and store health and health-related information in a personal Subscriber Account that may be accessed at the MYMEDICALREPORTS.IN Site, or who accepts the terms and conditions set forth in this Agreement so as to be able to access and/or use the MYMEDICALREPORTS.IN Site. A Subscriber may access, use, store, and maintain his or her own information in the Subscriber’s Account as well as the health and health-related information of family members. A “Individual Subscriber” is a Subscriber who obtains his/her subscription individually and not through an employer or other organization (“Affiliate Organization”) and pays for the subscription directly. A “Affiliate Subscriber” is a subscriber who obtains its subscription through a Affiliate Organization which pays for the subscription on behalf of the Affiliate Subscriber. The term “Subscriber” used hereinafter shall include both Personal Subscribers and Affiliate Subscribers.

 

(c)          “User” shall mean an individual whose health or health-related information is stored in a Subscriber’s Account and who accesses or uses the Site with the permission and at the discretion of the Subscriber.

 

1.5         As a condition of continued use of the Site, Subscribers and Users agree to use the Site solely in accordance with the terms and conditions set forth in this Agreement, as amended from time to time without notice.

  

2.  RIGHT TO USE, SITE CONTENT, GENERAL INFORMATION

2.1         MYMEDICALREPORTS hereby grants to the Subscriber and Users the right to access, view, and use the Site, subject to the terms and conditions of this Agreement. MYMEDICALREPORTS reserves the right to add new features to the Site and remove current features from the Site without notice. The Subscriber and/or a User may download and/or print a copy of the information stored in their respective Accounts from the Site for personal use only and, when appropriate, in a manner consistent with relevant provisions of the Copyright Act.

 

2.2           MYMEDICALREPORTS NEITHER PRACTICES MEDICINE NOR DISPENSES MEDICAL SERVICES.

 

2.3           The content on the MYMEDICALREPORTS.IN Site and in Subscribers’ Accounts, including but not limited to, text, graphics, images, information obtained from third parties, links, and other material (“Content”) is intended for informational and educational purposes only.

 

2.4           The Content on the MYMEDICALREPORTS.IN Site should not be considered medical or health advice. Nothing on the Site is intended to be used for medical diagnosis or treatment, or to suggest a course of treatment for a particular Subscriber or User. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment.

 

2.5           Subscribers and Users should never disregard professional medical advice or treatment or delay seeking professional medical advice or treatment because of something on the MYMEDICALREPORTS.IN Site. The Content on the MYMEDICALREPORTS.IN Site should not be used in place of a visit, call, consultation, or advice to, with, or from a qualified healthcare provider, including a personal physician.

 

2.6           Information that is obtained from the MYMEDICALREPORTS.IN Site is not exhaustive, should not be considered complete, and does not cover all diseases, ailments, physical or mental conditions, or their treatment. The advice of the Subscriber’s or User’s physician and/or any other qualified healthcare provider should be obtained directly from that physician or provider as appropriate. ANY QUESTIONS ABOUT ANY MEDICAL CONDITION OR TREATMENT FOR ANY CONDITION SHOULD BE DIRECTED TO YOUR PHYSICIAN OR A QUALIFIED HEALTHCARE PROVIDER.

 

 

3. ACCESS TO AND USE OF THE SITE BY SUBSCRIBERS AND USERS

3.1           Access to and use of the MYMEDICALREPORTS.IN site is available on a pre-paid annual or monthly subscription basis.

 

(a)                The Subscription Fee to access and use the MYMEDICALREPORTS.IN Site and to establish an Account is defined in the enrollment section of the MYMEDICALREPORTS.IN Site. Subscribers may register on the MYMEDICALREPORTS.IN Site for an Annual or a Monthly Subscription. Affiliate Subscribers are provided a Monthly/Annual Subscription during the term of their relationship with the Affiliate Organization.

 

(b)                In the case of an Annual Subscription, the Subscriber shall be entitled to access and use the MYMEDICALREPORTS.IN Site for an Initial Term of one (1) year from the date of registration provided the Subscriber and any Users of the Subscriber’s Account remain in compliance with the terms and conditions of this Agreement. In the case of a Monthly Subscription, the Subscriber shall be entitled to access and use the MYMEDICALREPORTS.IN Site for an Initial Term of one (1) month from the date of registration provided the Subscriber and any Users of the Subscriber’s Account remain in compliance with the terms and conditions of this Agreement.

 

(c)               The Subscription Fee will be charged on the first day of the Initial Term and the first day of each Renewal Term.

 

(d)       MYMEDICALREPORTS provides a maximum space of 1 GB per SUBSCRIBER. Any request for any additional space shall be charged over and above the account charges.

 

(e)                MYMEDICALREPORTS reserves the right to charge or change Subscription Fees, surcharges, and/or other fees at any time or levy fee for any existing free services.

 

3.2           Each Subscriber and User may enter or upload, maintain, and store information, including copies of documents, records, images, and information submitted to the Subscriber by healthcare providers or other healthcare organizations, to a personal, secure, and unique Account established for the Subscriber. MYMEDICALREPORTS.IN, or a third party acting on behalf of MYMEDICALREPORTS, will electronically store and maintain Subscribers’ Accounts on servers at MYMEDICALREPORTS or at the site of a third party acting on MYMEDICALREPORTS’s behalf.

 

3.3           Each Subscriber Account can be tailored by the Subscriber to upload, maintain, and store health and health-related information for one or more members (maximum four exclusive of the subscriber) of the Subscriber’s family for access and use by the Subscriber and the family members on the Subscriber’s Account.

 

3.4           Whenever a Subscriber’s information is submitted to or entered in the Subscriber’s Account, that information will be communicated using encryption technology called Secure Socket Layer ("SSL") encryption software. However, MYMEDICALREPORTS cannot and will not guarantee that: (a) the information, during its transmission to a Subscriber’s Account, will be protected against loss, misuse or alteration by third parties; or (b) access to Subscribers’ Accounts will be uninterrupted; or (c) SSL encryption cannot be breached.

 

3.5           It is the responsibility of each Subscriber to ensure that no unauthorized person shall have access to the Subscriber’s User ID and Passwords. It is each Subscriber’s sole responsibility to control the dissemination and use of the Subscriber’s User ID and Passwords, authorize, monitor and control access to and use of the Subscriber’s Account, and promptly inform MYMEDICALREPORTS of any need to deactivate or change the Subscriber’s User ID and/or Passwords. MYMEDICALREPORTS cannot and will not assume any responsibility or liability for any information submitted to a Subscriber’s Account or any information that is used or misused whether submitted, used, or misused by (a) the Subscriber; (b) Users on the Subscriber’s Account; (c) the Subscriber’s Assignee; (d) healthcare providers; (e) other healthcare organizations; (f) other third parties; or (g) Affiliate Organizations, whether or not acting on the Subscriber’s behalf.

 

3.6           The Subscriber hereby grants MYMEDICALREPORTS, its employees, officers, directors, agents, and contractors, and all other persons or entities involved in the operation of MYMEDICALREPORTS or of the Site the right to access, transmit, receive, monitor, retrieve, store, maintain, and use the information in the Subscriber’s Account to provide the Services and operate the Site, including but not limited to converting documents received on the Subscriber’s behalf to an electronic format, printing and delivering personal Emergency Cards and Stickers, and maintaining the Subscriber’s Account.

 

3.7           The Subscriber understands and agrees, consents, and authorizes: (a) his or her individually identifiable health information and that of any of the Users on the Subscriber’s Account to be stored, entered, and maintained on the MYMEDICALREPORTS.IN Site in accordance with the terms of this Agreement; and (b) the Subscriber, and anyone with the Subscriber’s MYMEDICALREPORTS.IN User ID and Password, can access, view, add, revise, and/or delete information from the Subscriber’s Account; and (c) the Subscriber, and anyone with the Subscriber’s User ID and Emergency Password, can access and view information stored in the Subscriber’s Emergency Folder.

 

3.8      To the extent permitted by law, any images submitted to MYMEDICALREPORTS shall become the property of MYMEDICALREPORTS and will not be returned. MYMEDICALREPORTS assumes no responsibility for the quality of X-rays or other personal medical images reproduced on the MYMEDICALREPORTS.IN Site or for medical decisions which are based on X-rays, ECGs, or other personal medical images archived on the MYMEDICALREPORTS.IN Site.

 

3.9      The party who submits or enters health or health-related information into Subscribers’ Accounts is solely responsible for its accuracy and completeness. Each Subscriber is responsible for reviewing information in the Subscriber’s Account as well as any documents produced from MYMEDICALREPORTS or the MYMEDICALREPORTS.IN Site such as Emergency Cards and Stickers and notifying MYMEDICALREPORTS, or a third party designated by MYMEDICALREPORTS, of any errors.

 

4. INSURANCE FACILITATOR

1. MYMEDICALREPORTS.IN also acts as health insurance facilitator whereby it acts as a facilitator between the visitors of the site and insurance company(s). However it does not act as an agent for either party.

2. MYMEDICALREPORTS.IN is not an insurance company nor an agent of the insurance company(s). The role of MYMEDICALREPORTS.IN ends once the visitor has entered into any agreement with the insurance company or procured health insurance from the insurance company.

3. Any information of the Insurance Company (s) is based upon information provided by that Insurance Company and the MYMEDICALREPORTS.IN has no control over the same as well as its authenticity.

 

5. INFORMATION ABOUT HOSPITALS AND DOCTORS/MEDICAL TOURISM

1. All informations relating to Hospitals and doctors is based upon information provided by them as collected through market intelligence and the MYMEDICALREPORTS.IN has no control over the same as well as its authenticity.

2. Subscribers must check the correctness and authenticity of any information before acting upon the same.

 

6.  SUBSCRIBERS’ AND USERS’ RESPONSIBILITIES

6.1           Subscribers and Users agree:

(a)                to maintain all equipment required for access to and use of the MYMEDICALREPORTS.IN Site, other than equipment owned or operated by MYMEDICALREPORTS or its affiliates and vendors;

(b)                to maintain the security of User IDs, Passwords, and other confidential information relating to the Subscriber’s MYMEDICALREPORTS.IN Account;

(c)                not to introduce onto the Site or to users of the Site, directly or indirectly, computer viruses, worms, Trojan horses or other code that manifests or could potentially manifest contaminating or destructive properties;

(d)                as to Personal Subscribers and associated Users, to be responsible for all charges resulting from the access and use of the Subscriber’s Account, including unauthorized access and use;

(e)                to notify MYMEDICALREPORTS as soon as reasonably practicable of any real or suspected unauthorized use of the Subscriber’s Account;

(f)                to comply with instructions provided by MYMEDICALREPORTS for using, maintaining, or correcting the Subscriber’s Account; and

(g)                to comply with the MYMEDICALREPORTS Privacy Policy.

 

6.2           Each Subscriber and User is responsible for the communications submitted to or entered into the Subscriber’s Account and their access and use of the MYMEDICALREPORTS.IN Site. A Subscriber, User, and/or a Subscriber’s designee may not, under any circumstances, do any of the following:

(a)                transmit any information that is libelous or defamatory;

(b)                transmit any message, data, image or program that is indecent, obscene or pornographic;

(c)                transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted materials, trade secrets or other confidential proprietary information and trademarks or service marks used in an infringing manner;

(d)                use the MYMEDICALREPORTS.IN Sites to threaten, harass, stalk, abuse or otherwise violate the legal rights, including rights of privacy and publicity, of others;

(e)                intercept or attempt to intercept the transmission of files or other private communications not intended for the Subscriber;

(f)                send e-mails to other Subscribers or Users of the MYMEDICALREPORTS.IN Site for any purpose other than personal communication;

(g)                use the MYMEDICALREPORTS.IN Site to advertise or offer, on an unsolicited basis, to sell goods or services to other Subscribers or Users or use the Site for purposes of distributing unsolicited messages to one or more individuals;

(h)                upload or download files that contain software or other material protected by intellectual property laws, privacy laws, or publicity laws, or any other applicable law unless personally owned or controlled or unless the necessary consent(s) to use, access, and/or communicate such files has been received;

(i)                upload information, documents, and/or files that contain viruses, worms, Trojan horses, corrupted data or other code that manifests or potentially could manifest contaminating or destructive properties;

(j)                use the MYMEDICALREPORTS.IN Site in such a manner as to adversely affect the availability of its resources to others;

(k)                falsely or fraudulently purport to be an employee or agent of MYMEDICALREPORTS;

(l)                cause disruptive incidents;

(m)                fail to comply with applicable laws and regulations while using or accessing the MYMEDICALREPORTS.IN Site; or

(n)                post or transmit any message or information that is harmful, threatening, abusive or hateful. MYMEDICALREPORTS reserves the right to take such action as it deems appropriate in cases where the MYMEDICALREPORTS.IN Site is used to disseminate statements that are deeply and widely offensive and/or harmful.

6.3           Each time a Subscriber or User uploads or posts information, data, a document, or a file to the MYMEDICALREPORTS.IN Site, the Subscriber or User, as applicable, represents and warrants that he or she owns or otherwise controls the rights to the information, data, document, or file, or that he or she has the necessary consents to upload or post it.

 

6.4           You represent and warrant that you are at least 18 years of age and that you possess the legal right to enter into this Agreement and to use the MYMEDICALREPORTS.IN Site in accordance with this Agreement.

 

6.5           As to Personal Subscribers, you agree to be financially responsible for the use of the MYMEDICALREPORTS.IN Site and for use of your Account by others, including minors for whom you have responsibility and/or who are living with you and for other immediate family members living with you.

 

6.6           You further understand and agree to comply with the responsibilities and obligations as set forth in this Agreement, and you understand and agree that failing to comply with any of the foregoing limitations or obligations may result in civil or criminal liability.

 

 

7.  TERM; TERMINATION

7.1           The Effective Date of this Agreement shall be the date on which the Subscriber registers with the MYMEDICALREPORTS.IN Site. 

 

7.2           Subject to payment of applicable fees and transfer of the same to the account of the MYMEDICALREPORTS.IN, a Subscriber and the Users included in the Subscriber’s Account, if any, shall be entitled to access and use the MYMEDICALREPORTS.IN Site for a Term of one (1) year, commencing on the Effective Date (“Annual Subscription”), or for a Term of one (1) month, commencing on the Effective Date (“Monthly Subscription”).

 

7.3 Upon expiry of an annual subscription, the Subscriber shall have a grace period of 30 days to renew his/her account. Upon expiry of this grace period it shall be deemed that the account has been closed.

 

7.4           Either party may terminate the Subscriber’s right to use the Site and/or his or her Account and participation under this Agreement at any time, with or without cause, by giving written notice to the other party no later than thirty (30) days prior to the end of the Initial or any Renewal Term. In the case of an Affiliate Subscriber, this Agreement will terminate upon the Affiliate Subscriber ceasing its affiliation with the Affiliate Organization. The Affiliate Subscriber may elect to continue receiving Services as a Personal Subscriber, in which case the obligations of Personal Subscribers will apply, including without limitation, the payment of applicable fees.

 

7.5           Notwithstanding anything to the contrary in this Agreement, MYMEDICALREPORTS shall have the right to immediately terminate this Agreement or suspend a Subscriber’s Account in the event that MYMEDICALREPORTS determines, in its sole discretion, that a Subscriber or a User of the Subscriber’s Account has violated any provision of this Agreement, including failing to make timely payment for the right to access and use the Site. MYMEDICALREPORTS shall confirm such termination or suspension by subsequent written notice.

 

7.6           The Termination of this Agreement shall not affect any provision of this Agreement which, by its wording or its nature, is intended to remain effective and to continue to operate in the event of termination of this Agreement, and shall not prejudice or affect the rights of any party against another in respect of any breach of the terms and conditions of this Agreement. Notwithstanding the foregoing, the provisions of Copyright, Indemnification, Waiver, Release and Limitation of Liability, Dispute Resolution, Jurisdiction and Miscellaneous shall survive Termination of this Agreement.

 

7.7           Upon termination, MYMEDICALREPORTS will retain data in a Subscriber’s Account pursuant to MYMEDICALREPORTS’s standard data retention policy, but in no case less than thirty (30) days, after which Subscriber Account data will be destroyed.

 

 8.  PRIVACY POLICY

MYMEDICALREPORTS considers the privacy of its Subscribers and Users to be of the utmost importance.

 

9.  MYMEDICALREPORTS AND SITE OPERATIONS

9.1           MYMEDICALREPORTS has complete and sole discretion over the operation of the MYMEDICALREPORTS.IN Site. MYMEDICALREPORTS may, among other things: (a) delete images and/or personal health records in the event a Subscriber fails to maintain a current payment status; (b) subject to its Privacy Policy, make available to third parties information relating to MYMEDICALREPORTS as well as aggregate, de-identified information about Subscribers and Users; and (c) withdraw, suspend or discontinue any functionality or feature of the MYMEDICALREPORTS.IN Site without prior notice and (d) make any functionality, feature or service chargeable.

 

9.2           MYMEDICALREPORTS shall maintain technological systems, policies, and procedures to guard against unauthorized access to information that is transmitted electronically, including encryption and/or appropriate technical security mechanisms.

 

9.3           MYMEDICALREPORTS shall not use, disclose, or process the information submitted for inclusion in a Subscriber’s Account except to the extent necessary for the proper management and administration of the information or in order to carry out the legal responsibilities of MYMEDICALREPORTS.

 

9.4           Subscribers and Users are encouraged to use discretion while browsing the Internet on searches initiated from the MYMEDICALREPORTS.IN Site. Subscribers and Users understand that the MYMEDICALREPORTS.IN Site may link unintentionally to sites containing information that some people may find inappropriate or offensive. Links may also lead to sites that contain inaccurate information, false or misleading advertising, or information that violates copyright, libel or defamation laws.

 

9.5           MYMEDICALREPORTS makes no representations concerning any effort to review any or all of the content of sites for which links are provided on the MYMEDICALREPORTS.IN Site. MYMEDICALREPORTS does not in anyway operate, control or endorse any information, products or services provided by third parties through the Internet.

 

9.6           The inclusion of any link on the MYMEDICALREPORTS.IN Site does not imply an endorsement by MYMEDICALREPORTS of any information, products, or services offered by the linked website, but is for MYMEDICALREPORTS Subscribers’ and Users’ reference and convenience only.

 

9.7           Clicking on a link on the MYMEDICALREPORTS.IN Site which directs the Subscriber or User to an off-Site page or to another site is at the Subscriber’s or User’s own risk and subject to the terms and conditions of use of such sites.

 

9.8           MYMEDICALREPORTS cannot and will not review communications and materials posted or uploaded to the MYMEDICALREPORTS.IN Site for accuracy or completeness, and is not responsible for the content of such communications and materials.

 

9.9         MYMEDICALREPORTS reserves the right to remove or block communications or materials that MYMEDICALREPORTS determines, in its sole discretion, to (a) be abusive, libelous, defamatory or obscene, (b) be fraudulent, deceptive or misleading, (c) violate a copyright or trademark or other intellectual property right of another, (d) contain or have attached a program, virus, worm, or other device or code that could pose a security risk to MYMEDICALREPORTS or the MYMEDICALREPORTS.IN Site, or (e) be offensive or otherwise unacceptable to MYMEDICALREPORTS.

 

10.  COPYRIGHT

10.1           All content on the MYMEDICALREPORTS.IN Site, including but not limited to, all graphs, graphics, photographs, text, sounds, data, and audio and video clips, is the exclusive property of MYMEDICALREPORTS, its licensors, or its content suppliers, and is protected by Indian and international copyright laws. The compilation, collection, selection, arrangement, assembly and coordination of all content available on the Site is the exclusive property of MYMEDICALREPORTS and protected by Indian and international copyright laws.

 

10.2           All information shall be deemed the exclusive property of the Disclosing Party prior to uploading or entering any information into an individual Subscriber’s Account. 

 

10.3           MYMEDICALREPORTS shall be entitled to have non-exclusive possession of the information submitted to or entered into a Subscriber’s Account subject to the terms of this Agreement. The right to possess such information shall be automatically terminated upon the termination of this Agreement, unless (a) otherwise agreed to in writing; or (b) return or destruction of the information is not feasible, in which event the right of possession shall be limited to possession for the purpose(s) which make return or destruction of the information not feasible.

 

10.4           Information on the MYMEDICALREPORTS.IN Site may be displayed, reformatted, and/or printed for the Subscriber’s or User’s personal, non-commercial use only. Information on the MYMEDICALREPORTS.IN Site may not be reproduced, retransmitted, distributed, disseminated, sold, published, broadcast, or circulated to or for anyone. Any copy made of information obtained through the MYMEDICALREPORTS.IN Site must include the copyright notice.

 

10.5           The MYMEDICALREPORTS.IN Site and any additional sites that are owned or controlled by MYMEDICALREPORTS are trademarks of MYMEDICALREPORTS and are protected by relevant laws. Any unauthorized use of trademarks appearing on the Site may constitute a violation of law, which could result in both civil and criminal penalties.

 

 11.  DISCLAIMER; NO WARRANTIES

11.1          THE MYMEDICALREPORTS.IN SITE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, INFRINGEMENT, ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, USEFULNESS, ADEQUACY OR SUITABILITY OF THE CONTENT.

 

11.2          MYMEDICALREPORTS CANNOT AND WILL NOT WARRANT AGAINST HUMAN AND MACHINE ERRORS, OMISSIONS, DELAYS, INTERRUPTIONS OR LOSSES, INCLUDING LOSS OF DATA OR INABILITY TO ACCESS DATA. FURTHER, MYMEDICALREPORTS CANNOT AND DOES NOT WARRANT OR GUARANTEE THAT THE FUNCTIONS OR SERVICES PERFORMED ON THE MYMEDICALREPORTS.IN SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE MYMEDICALREPORTS.IN SITE WILL BE CORRECTED.

 

11.3          MYMEDICALREPORTS CANNOT AND WILL NOT GUARANTEE THAT ANY ONE OR ALL OF YOUR HEALTHCARE PROVIDERS WILL TRANSMIT ALL OR ANY PORTION OF YOUR MEDICAL RECORDS OR OTHER HEALTH INFORMATION. YOU SHOULD NOT RELY EXCLUSIVELY ON THE MYMEDICALREPORTS CONTENT TO DESCRIBE ACCURATELY AND COMPLETELY YOUR PAST, PRESENT, OR FUTURE PHYSICAL OR MENTAL HEALTH OR CONDITION OR THE PROVISION OF HEALTH CARE TO YOU.

 

11.4          MYMEDICALREPORTS WILL NOT INDEPENDENTLY AND SEPARATELY VERIFY THE TRUTH AND ACCURACY OF INFORMATION SUPPLIED BY YOUR HEALTHCARE PROVIDERS OR ENTERED BY YOU. INFORMATION THAT IS SUBMITTED BY YOUR HEALTHCARE PROVIDERS OR ENTERED BY YOU OR YOUR ASSIGNEE WILL BE CONSIDERED BY MYMEDICALREPORTS AS ACCURATE AND COMPLETE. YOU AND YOUR HEALTHCARE PROVIDERS ARE SOLELY RESPONSIBLE FOR IDENTIFYING AND CORRECTING ANY AND ALL ERRORS IN INFORMATION STORED BY MYMEDICALREPORTS ON YOUR BEHALF.

 

11.5           SUBSCRIBERS AND USERS OF THE MYMEDICALREPORTS.IN SITE ARE SOLELY RESPONSIBLE FOR (A) IMPLEMENTING AND MAINTAINING ADEQUATE PROCEDURES AND CHECKPOINTS TO SATISFY THEIR PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA INPUT AND OUTPUT AND (B) MAINTAINING A MEANS EXTERNAL TO MYMEDICALREPORTS FOR THE RECONSTRUCTION OF ANY LOST DATA.

 

11.6          YOU UNDERSTAND AND AGREE THAT INFORMATION COMMUNICATED TO OR OTHERWISE ENTERED IN THE MYMEDICALREPORTS.IN SITE WILL BE COMMUNICATED OVER LOCAL EXCHANGE, INTEREXCHANGE AND INTERNET BACKBONE CARRIER LINES AND THROUGH ROUTERS, SWITCHES AND OTHER DEVICES OWNED, MAINTAINED AND SERVICED BY THIRD PARTY LOCAL EXCHANGE AND LONG DISTANCE CARRIERS, UTILITIES, INTERNET SERVICE PROVIDERS AND OTHERS, ALL OF WHICH ARE BEYOND THE CONTROL OF MYMEDICALREPORTS. MYMEDICALREPORTS CANNOT AND WILL NOT ASSUME ANY LIABILITY FOR OR RELATED TO THE DELAY, FAILURE, INTERRUPTION, INTERCEPTION OR CORRUPTION OF ANY DATA OR OTHER INFORMATION COMMUNICATED TO OR ENTERED IN THE MYMEDICALREPORTS.IN SITE.

 

11.7          MYMEDICALREPORTS CANNOT AND WILL NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THIS SITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES.

 

11.8          MYMEDICALREPORTS CANNOT AND WILL NOT ASSUME ANY LIABILITY FOR ANY OF THE CONTENT ON THE SITE. RELIANCE ON ANY INFORMATION PRESENTED ON THE SITE IS AT THE USER’S OWN RISK. MYMEDICALREPORTS RESERVES THE RIGHT TO CHANGE OR DISCONTINUE ANY ASPECT OR FEATURE OF THE SITE FROM TIME TO TIME WITHOUT NOTICE.

 

11.9           INFORMATION ENTERED BY A SUBSCRIBER OR USER OR PROVIDED BY HIS OR HER HEALTHCARE PROVIDERS AND ORGANIZATIONS WILL BE USED BY MYMEDICALREPORTS ONLY FOR THE FOLLOWING PURPOSES:

 

(A)  PROVIDING SUBSCRIBERS AND USERS THE ABILITY TO ACCESS AND USE THE MYMEDICALREPORTS.IN SITE VIA A VALID MYMEDICALREPORTS.IN USER ID AND PASSWORDS.

 

(B)  PROVIDING EMERGENCY ACCESS AND USE OF A SUBSCRIBER’S ACCOUNT TO HEALTH CARE PROVIDERS WHO ACCESS THE MYMEICALRECORDS.COM SITE USING A VALID EMERGENCY LOGIN PASSWORD.

 

(C)  AS NECESSARY FOR THE PROPER MANAGEMENT AND ADMINISTRATION OR IN ORDER TO CARRY OUT THE LEGAL RESPONSIBILITIES OF MYMEDICALREPORTS.

 

11.10        MYMEDICALREPORTS CANNOT AND WILL NOT BE LIABLE FOR THE AUTHORIZED OR UNAUTHORIZED USE, MISUSE, AND/OR DISCLOSURE OF INFORMATION THAT IS STORED AND/OR MAINTAINED IN A SUBSCRIBER’S ACCOUNT, INCLUDING THE INFORMATION CONTAINED WITHIN THE EMERGENCY FOLDER AND/OR ANY OF THE SECONDARY FOLDERS.

 

12.  INDEMNIFICATION

 You agree to indemnify, defend, protect, release, and hold MYMEDICALREPORTS, its officers, directors, employees, agents, and its affiliates, Information Providers, and Suppliers and their respective officers, directors, agents, and employees harmless from and against any and all losses, expenses, damages to persons or property, injuries or deaths of persons, liability, claims, liens, demands, and causes of action, including claims of infringement of copyright, trademark, or other intellectual property rights, and including the amounts of judgments, penalties, interest, court costs, and legal fees including reasonable attorney’s fees incurred by MYMEDICALREPORTS, its affiliates or their respective officers, agents, and employees in defense of same (“Claims”) arising in favor of any person, corporation, or other entity, including the parties hereto and their employees, contractors, and agents in connection with this Agreement or any activity related to Your Account or Your use of the MYMEDICALREPORTS.IN Site. You understand and agree that such indemnity shall apply regardless of whether the Claims arise in whole or in part from the actual or alleged sole, comparative, concurrent, active, passive, contributory or gross negligence of MYMEDICALREPORTS, its affiliates and their respective officers, directors, agents, and employees or by you or any other person accessing and/or using the Site and/or your Account.

 

 

13.  WAIVER, RELEASE AND LIMITATION OF LIABILITY

13.1         You agree that neither MYMEDICALREPORTS nor its officers, directors, employees, and agents, nor its affiliates, Information Providers, or Suppliers and their respective officers, directors, employees, and agents shall have any liability to you under any theory of liability or indemnity in connection with, arising out of, or in any way incident to this Agreement or any activity related to your Account or your access or use of the MYMEDICALREPORTS.IN Site. You hereby release and forever waive any and all claims you may have against MYMEDICALREPORTS, its officers, directors, employees, and agents and its affiliates, Information Providers, and Suppliers and their respective officers, directors, employees, and agents for losses or damages you sustain in connection with your use of the MYMEDICALREPORTS.IN Site.

 

13.2         Notwithstanding the foregoing paragraph, the total collective liability of MYMEDICALREPORTS, its officers, directors, employees, and agents, and its affiliates, Information Providers, and Suppliers and their respective officers, directors, employees, and agents, if any, for losses or damages shall not exceed the fees paid during one (1) calendar year by the Subscriber for the particular information or service provided. All other damages, direct or indirect, special, incidental, consequential or punitive, including but not limited to, lost profits or damages resulting from lost data or business interruption arising from any use of or inability to use any Content or other parts of the MYMEDICALREPORTS.IN Site, are hereby excluded even if MYMEDICALREPORTS, its officers, directors, employees, and agents and its affiliates, Information Providers, and Suppliers and their respective officers, directors, employees, and agents have been advised of the possibility of such damages.

 

 

14.  DISPUTE RESOLUTION

(a) Any dispute arising out of this agreement or usage of the MYMEDICALREPORTS.IN site shall be referred to arbitration before a Sole Arbitrator to be appointed by the Managing Director of MYMEDICALREPORTS PVT LTD or any person so authorized on this behalf by him. The decision of the Sole Arbitrator shall be final and binding.

(b) The venue of arbitration shall be Delhi/New Delhi only.

(c) For resolution of any dispute the Courts at Delhi/New Delhi shall have exclusive jurisdiction

(d) The applicable laws shall be the Indian Laws

(e). YOU MUST CONTACT MYMEDICALREPORTS WITHIN ONE (1) MONTH OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO A DISPUTE, OR YOU WAIVE THE RIGHT TO PURSUE A CLAIM BASED UPON SUCH EVENT, FACTS OR DISPUTE.

 

(f). ALL PARTIES TO THE ARBITRATION MUST BE INDIVIDUALLY NAMED. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS-ACTION OR CONSOLIDATED BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC, OTHER SUBSCRIBERS, OR OTHER PERSONS SIMILARLY SITUATED.

 

(g). This Arbitration Provision shall survive the termination of your service with MYMEDICALREPORTS.

 

15         NONWAIVER

MYMEDICALREPORTS's failure to insist upon or enforce strict performance of any provision of this Agreement or to exercise any rights herein shall not be construed as a waiver of any provision or relinquishment to any extent of MYMEDICALREPORTS’s right to assert or rely upon such provisions or rights on any future occasion. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement.

 

16    ASSIGNMENT

MYMEDICALREPORTS may assign its rights and obligations under this Agreement to any party at any time without notice. Commencing immediately upon such assignment, MYMEDICALREPORTS shall be relieved of any further obligation hereunder.

 

17         SEVERABILITY

The provisions of this Agreement are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions hereof, but such invalid or unenforceable provision shall be deemed modified to the extent necessary to render it valid or enforceable, preserving to the fullest extent permissible the intent of the parties set forth herein. 

 

18         AMENDMENTS

MYMEDICALREPORTS reserves the right to amend this Agreement from time to time without notice. Such Amendment shall be effective immediately upon either posting the Amendment or this Agreement as amended. A Subscriber’s or User’s continued access to or use of the MYMEDICALREPORTS.IN Site shall be deemed the Subscriber’s conclusive acceptance of any and all Amendments and the most current amended Agreement.

 

19         FORCE MAJEURE

Neither Party will be liable for any performance failure or delay for any cause beyond that Party’s reasonable control.

 

20        ENTIRE AGREEMENT

This Agreement, as amended from time to time, constitutes the entire agreement and understanding between the parties with respect to the services, responsibilities, and obligations specified and agreed upon in this Agreement and supersedes all prior oral or written agreements and understandings between the parties with respect to such services, responsibilities, and obligations.