ezHealthTrack Services


Non Registered Users Services ezHealthTrack a "Mahesha LLC." (From here referred as ezHealthTrack) make some Services available without registering or obtaining a user account. These are called "Public Services". You may make personal, non-commercial use of the Public Services so long as you comply with these Terms. This personal use includes linking to information appearing in the Public Services, provided you do not represent yourself as an employee, agent or representative of ezHealthTrack, Pvt Ltd. Personal use also includes temporary caching by your browser or a proxy server. We reserve all rights not expressly granted to you. This means that if you wish to use the Public Services in a way that is not authorized above, you must receive our permission prior to such use. 1.2 Registerted Services Few of our Services are secured by technical measures intended to safeguard the confidentiality, integrity and accessibility of sensitive information our users store and share using our Services. We call these "Registerted Services." One such safeguard is requiring each user to be properly authenticated by means of authorization (which we call, "Credentials"), such as unique identifiers, API keys, passwords, and the like. In order to obtain Credentials, you must provide certain information about yourself. If you sign up for one of our Registerted Services you may be asked to agree to a Professional agreement (your "Professional Agreement"). In such cases, you will be asked to expressly consent to your Professional Agreement, for example, by checking a box or clicking on a button with terms such as "I agree" or "Create ezHealthTrack Professional Account" or the like. In the event of a conflict between the terms of your User Agreement and of these Terms, the terms of your User Agreement shall control. Your Credentials are unique and very important to you. In case your Credentials have been stolen or compromised � you should immediately notify us here . You are responsible for all activities that occur under your Credentials until you have properly notified us that your Credentials have been stolen or compromised. Further, you represent, warrant and covenant that: the information you submit in obtaining your Credentials is complete and accurate and identifies you and the name of each of your Principals; you will not share your Credentials with anyone else; you will not circumvent, or attempt to circumvent, any technical measures that we have put in place to safeguard the Registerted Services; you will not, without our prior written approval, access or use, or attempt to access or use, any portion of the Registerted Services other than with (i) a commercial browser (such as Chrome, Internet Explorer or Mozilla Firefox), (ii) an application made for mobile or handheld device(s) that is developed and distributed by us, or (iii) our application programming interface ("API") using Credentials issued to you directly by us, and only us; and You will not access or use, or attempt to access or use, a Registerted Service without validly-issued active Credentials. ezHealthTrack reserve the right to suspend or terminate your access to any Registerted Service at any time, with or without cause or notice. We shall not be liable to you in any way if we suspend or terminate your access to a Registerted Service or our Services. 1.3 Additional Safeguards To further protect the confidentiality, integrity and availability of the information housed and shared on our Services, as well as the stability of our Services, you agree to the following additional safeguards. Accordingly, you agree that you will not, nor will you attempt to: access, use or disseminate our Services, nor any information or files accessible via our Services, in a manner that violates any applicable law or regulation or the rights of any individual or entity; sell or transfer any information included in our Services or use such information to market any product or service � including by sending, or facilitating the sending of, unsolicited emails or SPAM; probe, scan or test the vulnerability of our Services, or of the system or network supporting our Services, or circumvent any security or authentication measures; disable, bypass, defeat, avoid, remove, deactivate or otherwise circumvent any technical measures we have implemented to safeguard the stability of our Services, or the confidentiality, integrity or availability of any information, content or data hosted or housed on our Services; introduce to our Services any software, code or other device that in any way (i) permits unauthorized access to our systems or any software, hardware, files or data located thereon, (ii) disables or damages or otherwise interferes with or adversely affects the operation of our systems or any software, hardware, files or data located thereon, or (iii) overburdens or interferes with the proper functioning of our Services; disassemble, decompile or reverse engineer our Services; harvest, retrieve, index or publish any portion of our Services unless you are a Public Search Engine engaging in Public Search Services; disable or circumvent our API usage safeguards, including safeguards designed to regulate the nature or amount of data you are permitted to extract from our Services, or the frequency of which you may access such data; or make calls to our API other than those authorized in our API documentation; remove any copyright, trademark or other proprietary rights notices contained in or on our Services; or engage in any activity other than those expressly permitted in these Terms and your User Agreement(s). 1.4 Use of the Services by and on behalf of Minors You are not eligible to use our Services (including obtaining a Credential or entering into a User Agreement) unless you are at least 18 years old and otherwise have the legal capacity to enter into a binding contract in your jurisdiction. If you are an unemancipated minor over the age of 13, you may only use our Services if: (i) such use has been approved of by your parent or legal guardian, (ii) you use our Services under his or her supervision, and (iii) he or she has agreed to these Terms (and, if applicable, your User Agreement) on your behalf. If you are the parent or guardian of an unemancipated minor, you may use the Services and enter into a User Agreement on behalf of such minor. By doing so, you represent and warrant that you have the legal capacity to act on behalf of such minor; and you acknowledge and agree, in such capacity, that all provisions of these Terms (and User Agreement, if applicable) that applicable to you are equally applicable to such minor. Under no circumstances may our Services be used by a child under 13 years old. 1.5 India Only Access to our Services is administered in the India ("Ind") and is intended for users in the India. You may not use our Services in any jurisdiction where offering, accessing or using our Services would be illegal or unlawful. well.

Nature of the Content Appearing on our Services


Overview Our Services may include text, data, graphics, images, video or other content (collectively, "Content") created by us or third parties, including other users, professionals, partners, advertisers, sponsors, consumers and governmental agencies. The Content is provided for general informational purposes, but should not be relied upon for personal, professional, medical or regulatory decisions. And we do not ensure the completeness, timeliness or accuracy of

Directory Service: Physicians, Consultants, and Other Professionals Our Services include listings and directories ("Directories") to help you find physicians, healthcare professionals, certified consultants or other professionals (collectively, "Professionals"). The Directories are provided for your convenience. The Directories are not comprehensive, but rather generally represent Professionals who use our Services and who have chosen to participate in the Directories. Further, we do not evaluate any Professional and the listing of a Professional does not in any way constitute a recommendation of such Professional. Before obtaining services or treatment from any Professional listed in a Directory, you should take the same care you would under any other circumstance, including by confirming licensure and specialty certifications. The Professionals are solely responsible for the appropriateness and quality of the services they provide. Additionally, the Directories rely on information submitted by Professionals themselves. Unless Professionals provide us with current information, the Directory information may not be timely or accurate. You should confirm such information before obtaining services or treatment from a Professional. As a convenience, the Services may permit you to request an appointment with a Professional. However, Professionals are responsible for maintaining their own schedules, and we cannot ensure that any given Professional will be available, nor that such Professional will not cancel his or her appointment.

Advertising Our Services may include advertisements or promotional messages sponsored by third parties (collectively, "Ads"). The manufacturers, services providers, distributors and resellers of the products and services identified in the Ads are solely responsible for the accuracy of their Ads and the suitability, efficacy, safety and quality of such products or services. An Ad does not in any way constitute or imply our recommendation or endorsement of such product or service

Links to Other Sites Our Services may contain hyperlinks (including hyperlinked Ads) to websites operated by third parties, or to materials or information made available by third parties. Such links do not constitute or imply our endorsement of such third parties, or of the content of their sites, or the suitability, efficacy, safety or quality of their products or services, or the information privacy or security practices of their websites

No Medical Advice Some Content may include health- or medical-related information. Such Content is provided for general informational purposes only. We do not directly or indirectly practice medicine, render medical advice, or dispense medical services via our Services or otherwise, and nothing contained in our Services should be intended to be a medical diagnosis or treatment. No medical professional/patient relationship is created by your use of our Services or the Content. Always seek the advice of your physician or other qualified health professional with any questions you may have regarding a medical condition, and never disregard professional medical advice or delay seeking treatment based on any Content or other information included in the Services. If you think you may have a medical emergency, call your healthcare professional or your local emergency number (usually 100) immediately

Clinical Decision Support Information If you are a Professional, the Content may include information to assist you in clinical decision-making. This may include information and reminders concerning drug interactions, allergies, dosages, as well as general healthcare related information and resources. We may also provide forums for our users to exchange information. The information and materials available through our Services are for informational purposes only and are not intended to constitute professional advice, diagnosis or treatment, or to substitute for your professional judgment

No Legal or Regulatory Advice Some Content may include regulatory related information pertaining to you or your business. Such Content is provided for informational purposes only. We are not providing legal or regulatory advice and no attorney/client relationship is created by your use of our Services or the Content. Accordingly, always seek the advice of your attorney or advisors with any questions you may have regarding a law, regulation, or dispute

GOVERNING LAW


The foregoing are subject to the laws of the Republic of India and the courts in New Delhi, India shall have the exclusive jurisdiction on any dispute that may arise out of the use of this site.

Your Interactions and Communications with Us and Our Services


Visiting Our Websites; Signing-Up for Our Services; Emailing Us When you sign-up for or log-in to one of our Registerted Services, or when you submit information on a web form or email or instant message us, you are communicating with us electronically. When you visit our websites, we and certain third-party service providers collect information during your visit. In each case, the nature of the information we collect, the duration and manner of how we retain it, how we use it, and to whom we disclose it, is governed by our Privacy Policy. As part of providing our Services to you, we may need to provide you with certain communications, such as service announcements and administrative messages. Such communication may be by email, instant message, a posting on our Services or some other mechanism. You consent to receive such communications from us electronically. If you have registered for one or more of the Registerted Services, our Service announcements and administrative messages we provide you are considered part of the Registerted Services themselves, which you may not be able to opt-out from receiving until you cease using, or deactivate your Credentials to, such Registerted Services. You agree that all agreements, notices, authorizations, disclosures and other communications that we provide to you electronically, as well as any acceptances, agreements, consents or authorizations that you provide to us electronically, satisfy any and all legal requirement(s) that such communications be in writing. 3.2 Removal of Content You understand and agree that we may, but are not obligated to, monitor, edit or remove any Content for any or no reason at any time. We are not responsible, however, for any delay or failure in removing any Content. 3.3 Reporting Violations We may provide you with tools with which to report violations of the Community Standards or other provisions of these Terms. Notwithstanding the availability of such tools, you acknowledge and agree that we are under no obligation to take any action with respect to any such report.

MISCELLANEOUS


Ownership You retain ownership of the intellectual property rights you hold in Content you submit on our Services. When you submit Content on our Services, you grant us and those we work with a worldwide, royalty-free right to store, host, reproduce, create derivative works of (such as translations, adaptations, reformatted versions and aggregated, anonymized or de-identified versions), publish, publicly perform, display, use and distribute such Content as further described in our Privacy Policy and, if applicable, in your User Agreement. For some of our Services, your User Agreement or settings may narrow the scope of our use of Content you submit. You can find more information about how we use and store Content in our Privacy Policy or, if applicable, your User Agreement. If you submit to us any ideas, suggestions or proposals (collectively, "Suggestions") relating to our Services or other products or services by any means such as through "Contact Us," by email or other communication channels, one of our communities or user forums, or to our customer support or other personnel such Suggestions (1) are not governed by our Privacy Policy, (2) we are under no obligation of confidentiality, express or implied, with respect to such Suggestions; (3) we are entitled to use or disclose (or choose not to use or disclose) such Suggestions in any way and for any purpose; (4) such Suggestions automatically become our property without any obligation; and (5) you are not entitled to any accounting, compensation or reimbursement of any kind from us under any circumstances. Except for your Content, as between you and us, all right, title and interest in and to our Services, the Content, and the structure, organization and arrangement thereof, are and remain the exclusive property of us and our licensors. Except for the limited specific rights we grant you above, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, exploit or otherwise use our Services or any Content.

Violations We reserve the right to monitor any and all use of our Services, and investigate any activity we suspect violates these Terms, a User Agreement, our rights or interest, or the rights or interests of any person or entity. We reserve the right, to the fullest extent permitted under law, to cooperate with any governmental authority or third party investigating conduct that may be illegal or harm any individual or entity or violates their respective rights. If, for example, a user threatens to physically harm another user or any other individual, we reserve the right to fully cooperate with law enforcement authorities and the threatened individual. You hereby consent to our cooperation in such investigation

Indemnification You will indemnify, defend and hold harmless ezHealthTrack and any of its affiliates, officers, directors, employees, agents, representatives, partners and licensors from and against any and all claims, actions, proceedings, suits, liabilities, damages, settlements, penalties, fines, losses, or expenses, including attorneys fees, costs and disbursements, arising out of or in any way connected with your use of our Services

Disputes; Governing Law; Jurisdiction The interpretation of these Terms and the resolution of any disputes arising under these Terms shall be governed by the laws of the State and country where ezHealthTrack is operating, without regard to its conflict of laws provisions. These Terms shall not be governed by the United Nations Convention on Contract for the International Sale of Goods, the application of which is expressly disclaimed. If any action or other proceeding is brought on or in connection with these Terms, you agree to submit to the personal jurisdiction of the state and federal courts located in the City and State of New Delhi, and agree not to bring any of action relating to the use of our Services or to these of these Terms in any court in any jurisdiction other than the state or federal courts located in the State of New Delhi. We shall have the right to commence and prosecute any legal or equitable action or proceeding before any US or non-US court of competent jurisdiction to enforce these Terms or to protect our or any third party"s rights in our Services or any data, information or other content made available via our Services. You hereby waive any right to a jury trial. You also agree that we may bring suit in court to enjoin any violation of these Terms without the posting of a bond or security, in addition to whatever remedies we might have at law. In any dispute between you and us where we prevail, we shall be entitled to recover our reasonable attorney fees, court costs, disbursements, and other legal expenses

Termination You agree and acknowledge that we may suspend or terminate your authorization to access any of our Services, with or without notice or cause, for any or no reason, and without any liability to you

Disclaimers and Limitations on Liability Disclaimer THE WEBSITES AND THEIR CONTENT AND ALL SITE-RELATED SERVICES ARE PROVIDED " AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, ALL SITE-RELATED SERVICES, AND THIRD PARTY WEBSITES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ezHealthTrack OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OF ANY KIND. ANY REFERENCES TO SPECIFIC PRODUCTS OR SERVICES ON THE WEBSITES DO NOT CONSTITUTE OR IMPLY A RECOMMENDATION OR ENDORSEMENT BY ezHealthTrack UNLESS SPECIFICALLY STATED OTHERWISE. Limitation of liability; choice of law ezHealthTrack AND ITS AFFILIATES, SUPPLIERS, AND OTHER THIRD PARTIES MENTIONED OR LINKED TO ON THE WEBSITES ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITES, SITE-RELATED SERVICES AND PRODUCTS, CONTENT OR INFORMATION CONTAINED WITHIN THE WEBSITES, AND/OR ANY THIRD PARTY WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITES, SITE-RELATED SERVICES, AND/OR THIRD PARTY WEBSITES IS TO STOP USING THE WEBSITES AND/OR THOSE SERVICES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THESE TERMS AND CONDITIONS ARE GOVERNED BY INDIAN and INTERNATIONAL LAW WITHOUT REGARD TO ITS PRINCIPLES OF CONFLICTS OF LAW. IF ANY VERSION OF THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT (UCITA) IS ENACTED AS PART OF THE LAW OF NEW DELHI and APPLICABLE LAW OF INDIA, THAT STATUTE SHALL NOT GOVERN ANY ASPECT OF THESE TERMS AND CONDITIONS.

Copyrights Except as otherwise indicated, the ezHealthTrack Mobile Application and all content on the Websites, including text, graphics, logos, button icons, photos, images, forms, audio, video, questionnaires, and software, is the property of ezHealthTrack or its licensors and is protected by India and international copyright laws. ezHealthTrack allows you to view or download a single copy of the material on the website solely for your personal, noncommercial use. The compilation of all content on the Websites is the exclusive property of ezHealthTrack and is protected by India and international copyright laws. Unless specifically authorized in writing by ezHealthTrack, any use of these materials, or of any materials contributed to the Websites by entities other than ezHealthTrack, on any other website or networked computer environment for any purpose is prohibited. Any rights not expressly granted by these Terms and Conditions or any applicable end-user license agreements are reserved by ezHealthTrack. Content and features are subject to change or termination without notice in the editorial discretion of ezHealthTrack.

AMENDMENTS TO THIS TERMS AND CONDITIONS


ezHealthTrack reserve the rights to update this policy at any time for any reason. If there are any significant changes to how we handle personal information we will try to send a notice to the contact email address specified in your account

We are implementing most advanced and intelligent healthcare software solution. Our solution provides both patients and health care professionals/facilities a complete health management suite on the cloud.