You understand that third party services may be made available by the Company on the Website. For example, you may be able find or book an ambulance or schedule a home visit by a doctor through the Website. Please note that in the event you choose to avail any such third party services that are made available on the Website or mobile apps, you will be absolutely and solely responsible for your interactions with such third party service providers. Ayusmart shall not be held responsible for any lapses, shortcomings or deficiency of services by such third party service providers to you. Ayusmart hereby does not endorse the services of any third party service providers that are made available on the Website or Mobile apps.Information Uploaded by You on the Website or Mobile Apps
You understand that you may have the option of uploading your health / medical information on the Website or mobile app in order to enable your doctor access your previous medical history. While Ayusmart takes utmost care with respect to the security of the information you decide to upload, you understand that any information that you disclose on the Website is at your own risk. By uploading / sharing / disclosing your medical information on the Website, you hereby give your consent to Ayusmart to store such health / medical information on Ayusmart's servers. Ayusmart will retain such medical / health information you upload on the Website for as long as it is needed to fulfil the service you seek to avail our services. If you delete your account, Ayusmart will delete such medical / health information. But please note: (1) there might be some latency in deleting this information from our servers and back-up storage; and (2) we may retain this information if necessary to comply with our legal obligations, resolve disputes, or enforce our agreements.Sharing of Information Uploaded by You on the Website:
Unless you specifically consent to share information, medical or otherwise, with either doctors or third party service providers, Ayusmart does not share such information that you upload on the Website or Mobile apps. While Ayusmart takes utmost care with respect to the security of the information you decide to share, you understand that any information that you disclose on the Website or is at your own risk. In the event you do not trust Ayusmart with such information, please do not share such information on the Website. While Ayusmart endeavours to protect any information uploaded or shared by you on the Website or by mobile apps, you understand that Ayusmart shall not be held liable or responsible for the loss or damage to such information on the Website. It is your responsibility to ensure that you have all your information, medical or otherwise, stored on your hard drive. You hereby agree not to use the Website as a "data room" to store your medical / health records.SMS Messages Received From the Website:
You understand that once you register as a Ayusmart User, you will receive SMS messages from Ayusmart on your registered mobile number. These messages could relate to your registration, transactions that you carry out through the Website or Apps and promotions that are undertaken by Ayusmart. Please note that Ayusmart will send these SMS messages only to the registered mobile number or such other number that you may designate for any particular transaction. It is your responsibility to ensure that you provide the correct number for the transaction you wish to enter. Further, Ayusmart may also send notifications and reminders to you with respect to appointments scheduled by you for the Services that you have subscribed to on the Website. Please note that while Ayusmart endeavours to provide these notifications and reminders to you promptly, Ayusmart does not provide any guarantee and shall not be held liable or responsible for the failure to send such notifications or reminders to you. It is your responsibility to ensure that you attend any appointments that you may schedule with a doctor or a health care provider through the Website or Apps.Collection of consultation fees:
You understand that Ayusmart provides various Services with respect to the System. While some of these Services are provided for free, there are certain Services for which costs will be incurred by you, if you decide to avail such Services ("Paid Services"). Ayusmart may in such event provide billing services on behalf of the doctor or health care professional. Should you wish to avail those Paid Services, you acknowledge that Ayusmart will collect the payment for such Paid Services for and on behalf of the doctor or health care professional providing such clinical services. You acknowledge and confirm that Ayusmart shall not be liable for the treatment or be treated as the health care provider on account of such collection of the payments or for provision of Paid Services, for any reason whatsoever.
We may provide information to assist you in clinical decision-making. This may include information and reminders concerning drug interactions, allergies, dosages, as well as general health-care related information and resources. We may also provide forums for our users to exchange information. The information and materials available through the Website and Apps are for informational and educational purposes only and are not intended to constitute professional advice, diagnosis or treatment, or to substitute for your professional judgment. Information that may be placed on the Website by third parties are beyond our control. We are not responsible for the accuracy or completeness of information available from or through our Website. You assume full risk and responsibility for the use of information you obtain from or through this site, and you agree that Ayusmart is not responsible or liable for any claim, loss, or liability arising from the use of the information. We do not recommend or endorse any provider of health care or health-related products, items or services, and the appearance of materials on the Website relating to any such products, items or services is not an endorsement or recommendation of them. You agree to review the definitions, functionality, and limitations of the Services, and to make an independent determination of their suitability for your use.
Our services allows you to select and schedule appointments with doctors and health care providers registered for our services and to whom certain specific terms and conditions apply. These terms and conditions can be accessed http://ayusmart.com/termsofuse/fma
1. You are ultimately responsible for choosing your own doctor or health care provider and Ayusmart shall not be held responsible or liable for the selection of such doctor or health care provider
2. Ayusmart will provide you with lists and/or profile previews of doctors and health care providers who may be suitable to deliver the health care that you are seeking based on information that you provide to Ayusmart (such as area of specialty and geographical location). For certain specific Services, Ayusmart may chose a doctor or health care provider on your behalf based on the nature of services you request and on the doctor or health care professional available to provide you with the clinical services for the same. Please note that Ayusmart (i) does not recommend or endorse any doctors or health care providers mentioned on the Website; and (ii) does not make any representations or warranties with respect to these doctors or health care providers or the quality of the healthcare services they may provide. Ayusmart shall not be liable for any reason whatsoever for the services provided by the health care professional or doctor, and we bear no liability for the consequences to you, of your use of the System or Services.
Information regarding doctors and health care providers and practice information found on the Website is intended for general reference purposes only. Such information found on the Website is mainly self-reported by the doctor or the health care provider. Such information often changes frequently and may become out of date or inaccurate. Neither the Website nor Ayusmart provides any advice or qualification certification about any particular doctor or health care provider. You are encouraged to independently verify any such information you see on the Website with respect to a doctor or health care provider that you seek to make an appointment with.3. No Doctor - Patient Relationship
7. By Using This Website or mobile apps You Represent And Warrant That:
1. You are 18 years of age or older and that your use of the Website shall not violate any applicable law or regulation;
2. All registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information;
3. Your registration on the Website or mobile apps is solely for your personal and non-commercial use. Any use of this Website or its content other than for personal purposes is prohibited.
4. Your personal and non-commercial use of this Website shall be subjected to the following restrictions:
1. you may not modify any content of the Website;
2. you may not decompile, reverse engineer, or disassemble the content, or
3. you may not remove any copyright, trademark registration, or other proprietary notices from the Website.
4. You further agree not to access or use this Website in any manner that may be harmful to the operation of this Website or its content.
5. You will not:
1. use the Service available on the Website for commercial purposes of any kind; or
2. use the Website and / or services in any way that is unlawful, or harms the Company or any other person or entity, as determined in the Company's sole discretion.
6. You will not post, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Website and / or Services or any connected network, or otherwise interfere with any person or entity's use or enjoyment of the Website and / or the Services.
7. You will not engage in any form of antisocial, disrupting, or destructive acts, including "flaming", "spamming","flooding","trolling","phishing" and "griefing" as those terms are commonly understood and used on the Internet.
8. You will not delete or modify any content of the Website and / or Services, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify.
10. All information, content and material contained in the Website and / or Services are the Company's intellectual property. All trademarks, services marks, trade names, and trade dress are proprietary to the Company. No information, content or material from the Website and / or Services may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without the Company's express written permission.
12. You expressly understand and agree that:
1. The information, content and materials on this Website and / or Services are provided on an "as is" and "as available" basis. The Company and all its subsidiaries, affiliates, officers, employees, agents, partners and licensors disclaim all warranties of any kind, either express or implied, including but not limited to, implied warranties on merchantability, fitness for a particular purpose and non-infringement.
2. The Company does not warrant that the functions contained in content, information and materials on the Website and / or Services, including, without limitation any third party sites or services linked to the Website and / or services will be uninterrupted, timely or error-free, that the defects will be rectified, or that the Website or the servers that make such content, information and materials available are free of viruses or other harmful components.
3. Any material downloaded or otherwise obtained through the Website and / or Services are accessed at your own risk, and you will be solely responsible for any damage or loss of data that results from such download to your computer system.
13. You hereby indemnify, defend, and hold the Company, the Company's distributors, agents, representatives and other authorized users, and each of the foregoing entities' respective resellers, distributors, service providers and suppliers, and all of the foregoing entities' respective officers, directors, owners, employees, agents, representatives, harmless from and against any and all losses, damages, liabilities and costs arising from your use of the Website.
8. Applicable Law
All notices and other communications required or permitted hereunder to be given to a Party shall be in writing, in the English language, and shall be sent by facsimile, e-mail, or mailed by prepaid internationally-recognized courier, or otherwise delivered by hand or by messenger, addressed to such Party's address as set forth below or at such other address as the Party shall have furnished to the other Party in writing in accordance with this provision:If to Ayusmart:Nikhil Embassy, 133/53, East End 'B' Main Road,
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