Terms and Conditions of Use
Effective July 7th 2011
The following terms constitute an agreement between you and
Medivisha Health care Services Pvt Ltd. ”Medivisha”, the operator
of www.medivisha.com (the “Site”). This
agreement governs your use of the Site, both as a casual visitor and a
registered member as described below.
By accessing or using the site, you agree to be bound by the
terms of this agreement. To the extent you register on the site as a member,
then in addition to the terms that are applicable to all users of the site, the
terms that apply only to members shall apply to you too.
To become a member and access the area on this Site reserved
for members (the “Member Area”), Medivisha requires that you are either of the
relevant representative of service you are registering on site. Services such as
(1) health care professional (e.g. doctor, nurse, health researcher, Medical
Tourism Facilitator, Patient or patient care taker, Hospital or its
representative, medical student etc.), (2) Medical Equipment manufacturer,
reseller or independent distributor etc. (3) General guest who is respective
service seeker such as healthcare equipment buyer, Insurance agent, Insurance
buyer or seller or Insurance company representative, information seeker, (4)
guest with legitimate, non-commercial reasons to participate in the community
and who agrees to respect the privacy and preserve the dignity of all all
members and site users or (e) other guest as authorized by a Medivisha
Users below age of 18 are prohibited from
registering as members. By registering as a member you represent that you are
age 18 or older.
This Site Does Not Provide Medical Advice
All of the material provided on the site, such as text,
treatments, outcomes, charts, dosages, patient profiles, graphics, photographs,
advice, messages, forum postings, and any other material provided on the site
are for informational purposes only and are not a substitute for professional
medical advice or treatment.
Always seek the advice of your physician or other qualified
health provider with any questions you may have regarding your health. Never
disregard professional medical advice or delay in seeking it because of
something you have read on this site.
Acceptable and Lawful Use of Site by Members
Members shall not post or upload any information or other
content on the Site that (a) is false, inaccurate or misleading; (b) is obscene
or indecent; (c) infringes any copyright, patent, trademark, trade secret or
other proprietary rights or rights of publicity or privacy of any party; or (d)
is defamatory, libelous, threatening, abusive, hateful, or contains pornography.
Members shall not interfere with other members’ use and enjoyment of the Site
(for example, by harassing, threatening, soliciting, overly promoting personal
interests, or stalking another participant of a chat room, forum, seminar, or
threaded message, including the use of expressions of bigotry, racism, hatred,
or profanity). Members may not use the Site to conduct any activity that is
illegal or violates the rights of others, provide instructional information
about illegal activities, or promote physical harm or injury against any group
All members represent and warrant that the information they
provided when registering as a member, and all information that they
subsequently provide regarding themselves and their membership, is true and
accurate and not misleading.
No Interference with Operation of Site
You may not use any robot, spider, scraper, or other
automated means to access the Site or content or services provided on the Site
for any purposes. You may not post content on the Site that contains any
viruses, Trojan horses, worms, time bombs, spiders, or other computer
programming routines that are intended to damage, detrimentally interfere with,
surreptitiously intercept or expropriate any system, data or personal
information. You shall not attempt to make the Site unavailable through
denial-of-service attacks or similar means. You shall not use contact
information provided by members, or collect information about our members, to
facilitate the sending of unsolicited bulk communications such as SPAM or SPIM
or allow others use of your membership account to take such actions.
Site for Non-Commercial Use Only
The Site content, including the Member Area and the content
and information contained in the Member Area, is for the personal use of
individual members only and may not be used in connection with any commercial
endeavors. Organizations, companies, and/or businesses may not become members
and should not use the Site without express consent from Medivisha. Members of
Medivisha with individual commercial interests may not solicit or overtly
promote their products or services within the Member Area. All content shared
within the site is not for external use. To garner permission and access to
members, please direct all media and analyst inquiries to email@example.com and all research
requests to firstname.lastname@example.org.
This is exception to the all the affiliated partner of
Healthcare equipment and Insurance services.
You agree that you have read, understood and accept
collection of personal and non-personal information from you when using the Site
and its use of and sharing of such personal and non-personal information.
Posting and Use of Content in the Member Area
The Member Area includes community areas, such as forums and
member areas, where members may post messages, images, and other content (“User
Submissions”). If you are a member, you (or the author) owns the copyright in
the messages, images, and other content you post in the Member Area, but by
posting such content within User Submissions to the Member Area you grant
Medivisha and our affiliates the right to use, copy, display, perform,
distribute, translate, edit, and create derivative works of your User
While some community areas in the Member Area are monitored
periodically, Medivisha has no obligation to prescreen postings and is not
responsible for their content. We encourage you to notify us of inappropriate or
illegal content and we reserve the right to remove postings for any reason.
You agree not to disclose to any person or entity personally
identifiable information about other members that you encounter while using this
Site (whether posted in the Member Area by a member or emailed to you by a
member) without the express consent of such member. You may disclose information
of a general nature (that could not identify the member who provided such
information or whom such information is about) to third parties outside this
Site, subject to the above restriction on non-commercial use.
Digital Millennium Copyright Act
If you are a copyright owner or an agent thereof and believe
that any User Submission or other content at this Site infringes upon your
copyright, you may submit a written notification pursuant to the Digital
Millennium Copyright Act (“DMCA”) (see 17 U.S.C. 512(c)(3) for further
information) by providing our Copyright Agent (listed below) with the following
information: (i) an electronic or physical signature of a person authorized to
act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) a description of the copyrighted work claimed to have been infringed or if
multiple copyrighted works are covered by a notification, a representative list
of such works at our Site; (iii) a description of the location on the Site of
the allegedly infringing material(s); (iv) your address, telephone number, and
email address; (v) a written statement that you have a good faith belief that
use of the material(s) in the manner complained of is not authorized by the
copyright owner, its agent, or the law; and (vi) a written statement that the
information in the notification is accurate, and under penalty of perjury, that
you are authorized to act on behalf of the owner of an exclusive right that is
If a User Submission that you submitted has been removed as a
result of a notification as described above and you believe that such a User
Submission or portion of a User Submission was posted lawfully, please contact
us about our counter-notification procedure through which you can dispute the
allegation and request re-posting of the User Submission content at issue.
Medivisha’s designated Copyright Agent for notice of claims
of infringement is:
Medivisha Health care services pvt Ltd.
36 om Tower, Satelite
Ahmedabad, GJ 380013
Only notices of alleged copyright infringement and requests
about the counter-notification procedures should go to the Copyright Agent; any
other feedback, comments, requests for technical support, and other
communications should be directed to Medivisha at email@example.com. You
acknowledge that if you fail to comply with all of the notice requirements of
the DMCA, your notice may not be valid.
Member Password and Login Identity
You are responsible for maintaining the confidentiality of
your member password and login, and are fully responsible for all activities
that occur under your password or account with or without your knowledge. If you
knowingly provide your login and password information to another person, your
membership privileges may be suspended temporarily or terminated. You agree to
immediately notify medivisha of any unauthorized use of your membership password
or login or any other breach of security.
Links to Other Websites
Medivisha may contain links to other websites that are not
under the control of Medivisha. The inclusion of any link does not imply
endorsement by Medivisha of such site and Medivisha is not responsible for the
content of such linked sites.
You agree that Medivisha may, with or without cause,
immediately terminate your Medivisha membership or limit or terminate your
access to the Member Area or the Site without prior notice. Without limiting the
foregoing, the following may lead to a termination by Medivisha of a member's
membership and use of the Site: (a) breaches or violations of this Agreement or
other incorporated agreements or guidelines, (b) requests by law enforcement or
other government agencies, (c) a request by you (self-initiated membership
cancellation), (d) unexpected technical issues or problems, and (e) extended
periods of inactivity. Medivisha has no obligation to maintain, store, or
transfer to you information or data that you have posted on or uploaded to the
Modifications to this Agreement
We reserve the right to modify this Agreement at any time,
and without prior notice, by posting amended terms on this Site. We encourage
you to review this Agreement periodically for any updates or changes, which will
have an update effective date.
Membership with Medivisha is currently free. Medivisha Health
care services pvt ltd. reserves the right to from time to time change the terms
of this Agreement and charge for membership and/or to provide additional
optional services for a fee.
Disclaimer of Warranties
The site and the content and services made available on the
site are provided on an “as is” and “as available” basis. Medivisha does not
make and disclaims all express and implied warranties and representations,
including, but not limited to, any implied warranty of fitness for a particular
purpose, with regard to the site, the site content, or any advice or services
provided through the site to the extent permitted by law. Medivisha does not
warrant that access to the site or its content or services will be uninterrupted
or error-free or that defects in the site will be corrected.
The advice, recommendations, information, and conclusions
posted or emailed by other members of the site are not in any way vetted,
approved or endorsed by mediviha, and you use such information at your own risk.
Limitation of Liability
Under no circumstances shall Medivisha, its partners,
contributors, agents, employees, directors, or affiliates be liable for any
indirect, incidental, special, or consequential damages (even if it has been
advised of the possibility of such damages) due to your use of this site or due
to your reliance on any of the content contained or the services provided on the
You agree to indemnify and hold harmless Medivisha, its
officers, employees, agents, subsidiaries, affiliates and other partners, from
and against any claims, actions or demands, liabilities and settlements
including without limitation, reasonable legal and accounting fees, resulting
from, or alleged to result from, your violation of this Agreement.
Medivisha makes no claims that information on the Site is
appropriate or may be downloaded outside of the India. Personal information
(“Information”) that is submitted to this Site will be collected, processed,
stored, disclosed and disposed of in accordance with applicable Indian law and
Medivisha may collect and use your Information and disclose it to other entities
outside your resident jurisdiction. In addition, such Information may be stored
on servers located outside your resident jurisdiction. Indian law may not
provide the degree of protection for Information that is available in other
countries. By providing us with your Information, you acknowledge that you
consent to the transfer of such Information outside your resident jurisdiction
may not use this Site.
If you register as a member, you agree that Meivisha may send
notices to you by email at the email address you provide when registering to
become a member (or which you later update using the functionality of the Site).
Governing Law and Venue
This agreement shall be governed by the laws of the State of
Gujarat, India and the applicable laws of the India. All disputes arising under,
or in any way connected with membership in or use of the Site, shall be
litigated exclusively in the state courts residing in the Gujarat, and in no
other court or jurisdiction. You hereby submit to the jurisdiction of the state
courts sitting in the State of Gujarat.
Medivisha may assign this agreement at any time to a
subsidiary or parent company or to a successor to its business as part of a
merger or sale of substantially all of its assets. You may not assign or
transfer this agreement.
If any provision of this Agreement is held to be
unenforceable for any reason, the remaining provisions will be unaffected and
remain in full force and effect.
For any questions or comments, or to report violations of
this agreement, let us know, or contact us at:
Medivisha Health care services Pvt Ltd.
Attn: User Agreement Issues
36, Om Tower, Shivranjani, Satelite
Ahmedabad, GJ 380015
History of Updates/Changes to Terms and Conditions of Use:
- On July 7, 2011 updated all
terms of usage policy.