These terms and conditions specific to HCPs (“HCP Terms “) form a legally binding agreement between GenepoweRx (“We” or “Us” or Our or ” GenepoweRx ” or “Company”), having its registered office at Suit#2B Plot No.240,Nirvana, Road No. 36, Jawahar Nagar, Jubilee Hills, Hyderabad – 500033 and You (“You” or “Your”), as an HCP User of Our Website, System and Services.
You and We are hereinafter collectively referred to as the “Parties”.
By clicking “sign up” or the ‘I accept’ tab at the time of registration, or by entering into an agreement with GenepoweRx to provide committed services as set out in these HCP Terms, or through the continued use of the System and/or Services, or by Accessing the System and/or Services through any medium, including but not limited to accessing the System through mobile phones, smart phones and tablets, You agree to be subject to these HCP Terms.
We request You to please read these HCP Terms carefully and do not click “sign up” or “I accept” or continue the use of the Website, System and Service unless You agree fully with these HCP Terms.
As used in these HCP Terms, the following terms shall have the meaning set forth below:
Access to the System and Use of Services
You agree that Your receipt of Services is subject to verification by Us of Your identity and credentials as a health care practitioner and to Your ongoing qualification as such. As part of the registration process and at any time thereafter, you may be required to provide Us with various information such as Your Photo Id, your medical registration details (as recognized by the Medical Council of India and Your State Medical Council), Your qualifications and other information in order to prove that You are a valid health care practitioner in the field that You claim (“Credential Information“). We may verify such Credential Information or may ask You for additional information. We may also make enquiries from third parties to verify the authenticity of Your Credential Information. You authorize Us to make such enquiries from such third parties, and You agree to hold them and Us harmless from any claim or liability arising from the request for or disclosure of such information. You agree that We may terminate Your access to or use of the System and Services at any time if We are unable at any time to determine or verify Your Credential Information. We reserve to right to carry out re-verification of Credential Information as and when required, and the above rights and commitments will extend to re-verification as well.
(i) You are solely responsible for ensuring that Your use of the System and the Services complies with applicable law. You will also ensure that Your use of the System, the Website and the Services in always in accordance with the terms of the Agreement. You will not undertake or permit any unlawful use of the System or Services, or take any action that would render the operation or use of the System or Services by us.
(ii) Without limiting the generality of the foregoing, you represent that You shall not use the System in violation of any applicable laws including MCIs Code of Medical Ethics Regulations or any other code of conduct governed by your council.
Intellectual Property Rights
All intellectual property rights in and title to the System, the present or future modifications / upgradations thereof and standard enhancements thereto shall remain the property of GenepoweRx.
(a) You will treat all information received from Us as confidential. You may not disclose Our confidential information to any other person, and You may not use any confidential information except as provided herein. Except as otherwise provided in HCP Terms and Other Terms, You may not, without Our prior written consent, at any time, during or after the applicability of these HCP Terms, directly or indirectly, divulge or disclose confidential information for any purpose or use confidential information for Your own benefit or for the purposes or benefit of any other person. You agree to hold all confidential information in strict confidence and to take all measures necessary to prevent unauthorized copying, use, or disclosure of confidential information, and to keep the confidential information from being disclosed into the public domain or into the possession of persons not bound to maintain confidentiality. You will disclose confidential information only to your employees, agents or contractors who have a need to use it for the purposes permitted under the HCP Terms and Other Terms only. You will inform all such recipients of the confidential nature of confidential information and will instruct them to deal with confidential information in accordance with these HCP Terms. You will promptly notify Us in writing of any improper disclosure, misappropriation, or misuse of the confidential information by any person, which may come to Your attention.
Disclaimer and Exclusion of Warranties
(A) YOU ACKNOWLEDGE THAT ACCESS TO THE SYSTEM WILL BE PROVIDED OVER VARIOUS FACILITIES AND COMMUNICATION LINES, AND INFORMATION WILL BE TRANSMITTED OVER LOCAL EXCHANGE AND INTERNET BACKBONE CARRIER LINES AND THROUGH ROUTERS, SWITCHES, AND OTHER DEVICES (COLLECTIVELY, “CARRIER LINES“) OWNED, MAINTAINED, AND SERVICED BY THIRD-PARTY CARRIERS, UTILITIES, AND INTERNET SERVICE PROVIDERS, ALL OF WHICH ARE BEYOND OUR CONTROL. WE ASSUME NO LIABILITY FOR OR RELATING TO THE INTEGRITY, PRIVACY, SECURITY, CONFIDENTIALITY, OR USE OF ANY INFORMATION WHILE IT IS TRANSMITTED ON THE CARRIER LINES, OR ANY DELAY, FAILURE, INTERRUPTION, INTERCEPTION, LOSS, TRANSMISSION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION ATTRIBUTABLE TO TRANSMISSION ON THE CARRIER LINES. USE OF THE CARRIER LINES IS SOLELY AT YOUR RISK AND IS SUBJECT TO ALL APPLICABLE LOCAL, STATE, NATIONAL, AND INTERNATIONAL LAWS.
(B) THE SERVICES, THE WEBSITE THE SYSTEM, ACCESS TO THE SYSTEM AND THE INFORMATION CONTAINED ON THE SYSTEM IS PROVIDED “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL ACTS OR OMISSIONS TAKEN OR MADE IN RELIANCE ON THE SYSTEM OR THE INFORMATION IN THE SYSTEM, INCLUDING INACCURATE OR INCOMPLETE INFORMATION. IT IS EXPRESSLY AGREED THAT IN NO EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, REMOTE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUES, LOSS OF USE, OR LOSS OF INFORMATION OR DATA, WHETHER A CLAIM FOR ANY SUCH LIABILITY OR DAMAGES IS PREMISED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY OF LIABILITY, EVEN IF WE HAVE BEEN APPRISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OCCURRING. WE DISCLAIM ANY AND ALL LIABILITY FOR ERRONEOUS TRANSMISSIONS AND LOSS OF SERVICE RESULTING FROM COMMUNICATION FAILURES BY TELECOMMUNICATION SERVICE PROVIDERS OR THE SYSTEM.
(C) YOU ACKNOWLEDGE THAT OTHER USERS HAVE ACCESS TO THE SYSTEM AND ARE RECEIVING OUR SERVICES. SUCH OTHER USERS HAVE COMMITTED TO COMPLY WITH THESE TERMS & CONDITIONS AND OUR POLICIES AND PROCEDURES CONCERNING USE OF THE SYSTEM; HOWEVER, THE ACTIONS OF SUCH OTHER USERS ARE BEYOND OUR CONTROL. ACCORDINGLY, WE DO NOT ASSUME ANY LIABILITY FOR OR RELATING TO ANY IMPAIRMENT OF THE PRIVACY, SECURITY, CONFIDENTIALITY, INTEGRITY, AVAILABILITY, OR RESTRICTED USE OF ANY INFORMATION ON THE SYSTEM RESULTING FROM ANY USERS’ ACTIONS OR FAILURES TO ACT.
(D) WE ARE NOT RESPONSIBLE FOR UNAUTHORIZED ACCESS TO YOUR, DATA, FACILITIES OR EQUIPMENT BY INDIVIDUALS OR ENTITIES USING THE SYSTEM OR FOR UNAUTHORIZED ACCESS TO, ALTERATION, THEFT. CORRUPTION, LOSS OR DESTRUCTION OF YOUR, DATA FILES, PROGRAMS, PROCEDURES, OR INFORMATION THROUGH THE SYSTEM, WHETHER BY ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER MEANS. YOU ARE SOLELY RESPONSIBLE FOR VALIDATING THE ACCURACY OF ALL OUTPUT AND REPORTS, AND FOR PROTECTING YOUR DATA AND PROGRAMS FROM LOSS BY IMPLEMENTING APPROPRIATE SECURITY MEASURES, INCLUDING ROUTINE BACKUP PROCEDURES. YOU HEREBY WAIVE ANY DAMAGES OCCASIONED BY LOST OR CORRUPT DATA, INCORRECT REPORTS, OR INCORRECT DATA FILES RESULTING FROM PROGRAMMING ERROR, OPERATOR ERROR, EQUIPMENT OR SOFTWARE MALFUNCTION, SECURITY VIOLATIONS, OR THE USE OF THIRD-PARTY SOFTWARE. WE ARE NOT RESPONSIBLE FOR THE CONTENT OF ANY INFORMATION TRANSMITTED OR RECEIVED THROUGH OUR PROVISION OF THE SERVICES.
(E) WE EXPRESSLY DISCLAIM ANY LIABILITY FOR THE CONSEQUENCES TO YOU ARISING BECAUSE OF YOUR USE OF THE SYSTEM OR THE SERVICES.
(F) WE DO NOT WARRANT THAT YOUR USE OF THE SYSTEM AND THE SERVICES UNDER THESE TERMS WILL NOT VIOLATE ANY LAW OR REGULATION APPLICABLE TO YOU.
Termination; Modification; Suspension; Termination
(a) We or You may terminate our Services at any time without cause upon thirty (30) days prior written notice to You.
(b) We may update or change the Services and/or the HCP Terms in these HCP Terms from time to time and recommend that You review these HCP Terms on a regular basis. You understand and agree that Your continued use of the Services after the HCP Terms has been updated or changed constitutes Your acceptance of the revised HCP Terms. Without limiting the foregoing, if We make a change to these HCP Terms that materially affects Your use of the Services, we may post notice on the Website or notify You via email of any such change.
(c) Termination, Suspension or Amendment as a result of applicable laws – Not withstanding anything to the contrary in these HCP Terms , We have the right, on providing notice to You, immediately to terminate, suspend, or amend the provision of the Services without liability: (a) to comply with any order issued or proposed to be issued by any governmental agency; (b) to comply with any provision of law, any standard of participation in any reimbursement program, or any accreditation standard; or (c) if performance of any term of these HCP Terms by either Party would cause it to be in violation of law.
(d) We may terminate the provision of Services to You through the System immediately upon notice to You: (i) if You are named as a defendant in a criminal proceeding for a violation of federal or state law; (ii) if a finding or stipulation is made or entered into that You have violated any standard or requirement of federal or state law or (iii) You cease to be qualified to provide services as a health care professional, or We are unable to verify Your qualifications as notified to Us under these HCP Terms.
(e) We may suspend Your Services immediately pending Your cure of any breach of these HCP Terms, or in the event We determine in Our sole discretion that access to or use of the System by You may jeopardize the System or the confidentiality, privacy, security, integrity or availability of information within the System, or that You have violated or may violate these HCP Terms or Other Terms. Our election to suspend the Services shall not waive or affect Our rights to terminate these HCP Terms as applicable to You as permitted under these HCP Terms.