MedweiSer Terms and Conditions
MedweiSer Health Private Limited (“us”, “we”, “our” or “MedweiSer”, which also includes its affiliates) is the author and publisher of the internet resource www.medweiser.com (“Website”) on the world wide web as well as the software and applications provided by MedweiSer, including the software and applications of the brand names ‘Clinic Hours’, ‘DietChart’ and ‘HealthFeed’ (together with the Website, referred to as the “Services”).
1. NATURE AND APPLICABILITY OF TERMS
The Agreement applies to you whether you are –
A medical practitioner or health care provider (whether an individual professional or an organization) or similar institution wishing to be listed, or already listed, on the Website, including designated, authorized associates of such practitioners or institutions ( “Healthcare Professionals” “Practitioner(s)”, “you” or “User”); or
A patient, his/her representatives or affiliates, searching for Healthcare Professionals/ Practitioners through the Website ( “you” or “User”); or
Otherwise a user of the Website (“you” or “User”).
This Agreement applies to those services made available by MedweiSer on the Website, which are offered free of charge to the Users (“Services”), including the following:
For Healthcare Professionals/ Practitioners: Listing of Healthcare Professionals/ Practitioners and their profiles and contact details, to be made available to the other Users and visitors to the Website;
For other Users: Facility to (i) create and maintain ‘Health Accounts’, (ii) search for Healthcare Professionals/ Practitioners by name, specialty, and geographical area, or any other criteria that may be developed and made available by MedweiSer, and (iii) to make appointments with Healthcare Professionals/ Practitioners.
The Services may change from time to time, at the sole discretion of MedweiSer, and the Agreement will apply to your visit to and your use of the Website to avail the Service, as well as to all information provided by you on the Website at any given point in time.
This Agreement defines the terms and conditions under which you are allowed to use the Website and describes the manner in which we shall treat your account while you are registered as a member with us. If you have any questions about any part of the Agreement, feel free to contact us at www.medweiser.com/contact.
We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time, and such modifications shall be informed to you in writing You should read the Agreement at regular intervals. Your use of the Website following any such modification constitutes your agreement to follow and be bound by the Agreement so modified.
You acknowledge that you will be bound by this Agreement for availing any of the Services offered by us. If you do not agree with any part of the Agreement, please do not use the Website or avail any Services.
Your access to use of the Website and the Services will be solely at the discretion of MedweiSer.
The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:
the rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”).
the (Indian) Information Technology Act, 2000, and the Indian Contract Act, 1872,
2. CONDITIONS OF USE
You must be 18 years of age or older to register, use the Services, or visit or use the Website in any manner. By registering, visiting and using the Website or accepting this Agreement, you represent and warrant to MedweiSer that you are 18 years of age or older, and that you have the right, authority and capacity to use the Website and the Services available through the Website, and agree to and abide by this Agreement.
The terms in this Clause 3 are applicable only to Users other than Healthcare Professionals/ Practitioners.
3.1 ACCOUNT AND DATA PRIVACY
3.1.2 MedweiSer may by its Services, collect information relating to the devices through which you access the Website, and anonymous data of your usage. The collected information will be used only for improving the quality of MedweiSer’s services and to build new services.
3.1.3 The Website allows MedweiSer to have access to registered Users’ personal email or phone number, for communication purpose so as to provide you a better way of booking appointments and for obtaining feedback in relation to the Healthcare Professionals/ Practitioners and their practice.
The type of information collected from Users, including sensitive personal data or information;
The purpose, means and modes of usage of such information;
How and to whom MedweiSer will disclose such information; and,
Other information mandated by the SPI Rules.
the fact that certain information is being collected;
the purpose for which the information is being collected;
the intended recipients of the information;
the nature of collection and retention of the information; and
the name and address of the agency that is collecting the information and the agency that will retain the information; and
the various rights available to such Users in respect of such information.
3.1.6 MedweiSer shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User to MedweiSer or to any other person acting on behalf of MedweiSer.
3.1.7 The User is responsible for maintaining the confidentiality of the User’s account access information and password, if the User is registered on the Website. The User shall be responsible for all usage of the User’s account and password, whether or not authorized by the User. The User shall immediately notify MedweiSer of any actual or suspected unauthorized use of the User’s account or password. Although MedweiSer will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of MedweiSer or such other parties as the case may be, due to any unauthorized use of your account.
3.1.8 If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or MedweiSer has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, MedweiSer has the right to discontinue the Services to the User at its sole discretion.
3.1.9 MedweiSer may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.
3.2 RELEVANCE ALGORITHM – MedweiSer’s relevance algorithm for the Healthcare Professionals/ Practitioners is a fully automated system that lists the Healthcare Professionals/ Practitioners, their profile and information regarding their Practice on its Website. These listings of Healthcare Professionals/ Practitioners do not represent any fixed objective ranking or endorsement by MedweiSer. MedweiSer will not be liable for any change in the relevance of the Healthcare Professionals/ Practitioners on search results, which may take place from time to time. The listing of Healthcare Professionals/ Practitioners will be based on automated computation of the various factors including inputs made by the Users including their comments and feedback. Such factors may change from time to time, in order to improve the listing algorithm. MedweiSer in no event will be held responsible for the accuracy and the relevancy of the listing order of the Healthcare Professionals/ Practitioners on the Website.
3.3 LISTING CONTENT AND DISSEMINATING INFORMATION
3.3.1 MedweiSer collects, directly or indirectly, and displays on the Website, relevant information regarding the profile and practice of the Healthcare Professionals/ Practitioners listed on the Website, such as their specialization, qualification, fees, location, visiting hours, and similar details. MedweiSer takes reasonable efforts to ensure that such information is updated at frequent intervals. Although MedweiSer screens and vets the information and photos submitted by the Healthcare Professionals/ Practitioners, it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.
3.3.2 The Services provided by MedweiSer or any of its licensors or service providers are provided on an “as is” and “as available’ basis, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). MedweiSer does not provide or make any representation, warranty or guarantee, express or implied about the Website or the Services. MedweiSer does not guarantee the accuracy or completeness of any content or information provided by Users on the Website. To the fullest extent permitted by law, MedweiSer disclaims all liability arising out of the User’s use or reliance upon the Website, the Services, representations and warranties made by other Users, the content or information provided by the Users on the Website, or any opinion or suggestion given or expressed by MedweiSer or any User in relation to any User or services provided by such User.
3.3.3 The Website may be linked to the website of third parties, affiliates and business partners. MedweiSer has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through our Website. Inclusion of any link on the Website does not imply that MedweiSer endorses the linked site. User may use the links and these services at User’s own risk.
3.3.4 MedweiSer assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If a User is dissatisfied with the Website, User’s sole remedy is to discontinue using the Website.
3.3.5 If MedweiSer determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, MedweiSer reserves the right to immediately suspend your access to the Website or any of your accounts with MedweiSer and makes such declaration on the website alongside your name/your clinic’s name as determined by MedweiSer for the protection of its business and in the interests of Users. You shall be liable to indemnify MedweiSer for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected MedweiSer or its Users
4. MEDWEISER CLINIC HOURS
BY CLICKING ON THE “AGREE” OR “I ACCEPT” BUTTON, OR ACCESSING OR USING THE SERVICES INCLUDING BY DOWNLOADING OR POSTING ANY CONTENT FROM OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY, THESE TERMS WHICH CONSTITUTE A BINDING LEGAL AGREEMENT BETWEEN YOU AND MEDWEISER. YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES OR COLLECTIVE CONTENT UNLESS YOU AGREE TO THESE TERMS. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” extends beyond you to also refer and apply to that company or other legal entity.
4.1 KEY CONTENT-RELATED TERMS
“Case content” means text, graphics, images, software (excluding the App) information, messages or other materials.
“Collective Case Content” means, collectively, Clinic Hours Content and Registered User Content. Certain areas of the Site and App (and your access to or use of certain Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Website, Services, App or Collective Case Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Website, Services, App or Collective Content. Unless explicitly stated otherwise, any new features that augment or enhance the current Services in future shall be subject to these Terms and Condition; they will be posted to the Website as available as well as to the App and you are deemed to have accepted them.
“Clinic Hours Content” means Content that we make available through the Services including any Content licensed from a third party, but excluding Registered Healthcare Professional/ User Content.
“Paging” means Clinic Hours’s feature which allows Users to contact a specific specialty of Verified Users with whom they can share a particular image, while concurrently sharing it with all Registered Users.
“Registered User” and “you” means a person that completes MedweiSer’s account registration process, as described in the “Account Registration” section below.
“Registered Healthcare Professional/ User Content” means Content a Registered Healthcare Professional/User posts, uploads, publishes, submits, or transmits to be made available through the Services.
“Verified Healthcare Professional/ User” means a Registered Healthcare Professionals/ User who has been verified to be a licensed healthcare professional or student in a recognized healthcare program. MedweiSer and Clinic Hours has the discretion to verify inactive or retired Healthcare Professionals/ User.
4.2 HEALTHCARE PROFESSIONAL/ USER-PROVIDED CASE INFORMATION
When you use the application, you may upload images
create image captions and tags
answer medical and non-medical questions
direct message other Healthcare Professionals/ Users.
Clinic Hours will store your uploaded images, image captions, date created, number of times the image tag is used, common variations of image tags (such as misspellings) and information on whether the tag appears in searches. The Application stores only de-identified images, not the original unedited image, which may contain personally identifying features. Clinic Hours do not store IP addresses or location information relating to images uploaded by Healthcare Professionals/ Users.
When you use the application, you may provide comments. Clinic Hours will store your comments, the date of comments and the username connected to the comments.
When you use the application, you may Bookmark images provided by other Healthcare Professionals/ Users (e.g., to indicate that identifiable information may have been improperly included in an image, caption, or comment). Clinic Hours will store the images that you Bookmarked, the subcategory of the Bookmarked image, the date Bookmarked and the Healthcare Professional/ User referenced to the BOOKMARKED image until or unless the image is deleted.
Clinic Hours will also store the date your account was created, the Application version, and the last login date.
Message Data – The Application includes a feature through which Helathcare Professionals/ Users may communicate directly with other users by sending and receiving direct messages. When you send or receive direct messages through the Application, we may process or store your messages, phone number, log contact data and other information (“Message Data”) in order to deliver the services. All Message Data is subject to the Terms and Conditions. Message Data will be encrypted as the direct message is sent and while the direct message is in transit. Message Data will be encrypted when stored on our servers. We will not access the Message Data, except in connection with delivering the services. Although we strive to maintain the privacy and security of all Message Data, we cannot guarantee the privacy and security of Message Data and any Message Data that you send is at your own risk.
These informational elements shall be referred to as “Healthcare Professional/ User-Provided Case Information.” All Healthcare Professional/ User-Provided Case Information that you generate in the Application must comply with local, national, provincial, state, and federal privacy legislation and best practices. Identifying information must be removed from any uploaded images and should not be included in any captions or comments. The Application is enabled with Clinic Hours proprietary features, such as automatic and manual information-blocking tools, to help you remove direct identifiers and other common identifiers from Healthcare Professionals/ User-Provided Case Information, but the existence of these tools does not release you from any obligations under local, national, provincial, state, and federal laws to maintain the privacy of patients or other users.
You also have the option to invite colleagues to join Clinic Hours so that they can use the Application too. If you choose to do this, the Application will access the address book on your mobile device to enable you to choose which of your colleagues you would like to invite to the Application. While Clinic Hours may access your address book, Clinic Hours do not store your complete address book.
You will also have the option to expand your user profile with additional information. If you choose this option, you may complete any of the following fields: full name, state, country, and institution, and you may include a short biography and upload a profile picture. Information you provide will be visible to all verified healthcare professionals using the Application or the website. You are responsible for the accuracy of all of the information you provide
On occasion, we may survey our users or solicit comments and opinions from our Healthcare Professionals/ Users. You have the option to respond to our inquiries. If you choose this option, the information will be used to learn more about healthcare, to help improve your experience on Clinic Hours, and for other purposes of Clinic Hours. We only store this information in the aggregate with the exception of comments, which will be linked to your Healthcare Professionals/ User profile.
5. MEDWEISER DIETCHART
DietChart (“We”, “us” or “our” ) provides paid Diet Plans to users (“User” , “they” , “you” or “your”) with information and the lifestyle related answers provide, DietChart customise a Diet Plan that is easy to follow only for healthy individuals.
On receiving information for the Diet Plan opted for, either through our Website or our app you must ensure that the Diet Plan is followed as per quantities recommended in order to fulfil your nutritional requirements.
DietChart receive information about users that is required during the time of registration with the Website and application as well as the information you choose to share in a range of ways.
When users choose to sign up DietChart collect user name, email address, phone number and other information you directly give us on our website. Sharing details allows us to do things like show you age-appropriate content and advertisements.
DietChart receive information about you whenever you interact with our Website, such as when you send or receive a message, provide us with information relating to your health, weight and fitness regime. When you post any information on the Website pertaining to your health and fitness, you give us your complete consent to track your nutrition, weight and other information which DietChart deems necessary based on the information you provide us.
DietChart take steps to help protect personal information, however you acknowledge that no company can fully prevent security risks. DietChart may share personal information when we do a business deal, or negotiate a business deal, involving the sale or transfer of all or a part of our business or assets. These deals can include any merger, financing, acquisition, or bankruptcy transaction or proceeding.
DietChart may share personal information for legal, protection, and safety purposes.
DietChart do not issue refunds once the order is accomplished and the product is sent. As a user/ customer you are responsible for understanding this upon purchasing any plan at our website.However, DietChart realize that exceptional circumstance can take place with regard to the character of the product we supply.
Users understand that DietChart is a support and dietary service and is not qualified to give medical advice. understand everyone should consult a physician before starting any Diet Plan and I shall seek a physicians help if I do not feel well. I also know that my request for Diet Plan can be rejected by DietChart team if user have any pre-existing health problems and issues.
DietChart/ MedweiSer cannot be held responsible for any action taken by the user or any implications arising thereof, in case the user takes any alternative Diet Plan without consulting his regular physician. Even though all the content comes from reliable sources, still you need to check it out with your consultant in accordance with your personal health issues.
DietChart store the data for as long as it is necessary to provide products and services to you and others, including those described above, typically information associated with you.
6. MEDWEISER HEALTHFEED
MedweiSer HealthFeed is an online content platform available on the website, wherein Healthcare Professionals/ Practitioners and Registered or Non- Registered users can see and comment on health and wellness related content.
MedweiSer shall have the right to edit or remove the Content and any comments in such manner as it may deem MedweiSer HealthFeed at any time.
User agrees that the content they access on MedweiSer HealthFeed does not in any way constitute medical advice and that the responsibility for any act or omission by the User arising from the User’s interpretation of the Content, is solely attributable to the user.
The User agrees to absolve MedweiSer from and indemnify MedweiSer against all claims that may arise as a result of the User’s actions resulting from the User’s viewing of Content on MedweiSer HealthFeed.
The User acknowledges that all intellectual property rights in the Content on MedweiSer HealthFeed vests with MedweiSer. The User agrees not to infringe upon MedweiSer’s intellectual property by copying or plagiarizing content on MedweiSer HealthFeed. MedweiSer reserves its right to initiate all necessary legal remedies available to them in case of such an infringement by the User. All comments created and uploaded by the User on MedweiSer HealthFeed will be the sole intellectual property of MedweiSer. The User agrees not to post any comments on MedweiSer HealthFeed that violate the intellectual property of any other person.
MedweiSer reserves the right to remove any comments which it may determine at its own discretion as violating the intellectual property rights of any other person. The User agrees to absolve MedweiSer from and indemnify MedweiSer against all claims that may arise as a result of any third party intellectual property right claim that may arise from the User’s uploading of any comment on MedweiSer HealthFeed.
User agrees not to post any comments which are defamatory, obscene, objectionable or in nature and MedweiSer reserves the right to remove any comments which it may determine at its own discretion to violate these Terms and Conditions or be violative of any law or statute in force at the time.
The User agrees to absolve MedweiSer from and indemnify MedweiSer against all claims that may arise as a result of any legal claim arising from the nature of the comments posted by the User on MedweiSer HealthFeed.
7. CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS
7.1 The contents listed on the Website are (i) User generated content, or (ii) belong to MedweiSer. The information that is collected by MedweiSer directly or indirectly from the Users and the Practitioners shall belong to MedweiSer. Copying of the copyrighted content published by MedweiSer on the Website for any commercial purpose or for the purpose of earning profit will be a violation of copyright and MedweiSer reserves its rights under applicable law accordingly.
7.2 MedweiSer authorizes the User to view and access the content available on or from the Website solely for ordering, receiving, delivering and communicating only as per this Agreement. The contents of the Website, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Website (collectively, “MedweiSer Content”), are the property of MedweiSer and are protected under copyright, trademark and other laws. User shall not modify the MedweiSer Content or reproduce, display, publicly perform, distribute, or otherwise use the MedweiSer Content in any way for any public or commercial purpose or for personal gain.
7.3 User shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
8. REVIEWS AND FEEDBACK
You are solely responsible for the content that you choose to submit for publication on the Website, including any feedback, ratings, or reviews (“Critical Content”) relating to Practitioners or other healthcare professionals. The role of MedweiSer in publishing Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. MedweiSer disclaims all responsibility with respect to the content of Critical Content, and its role with respect to such content is restricted to its obligations as an ‘intermediary’ under the said Act. MedweiSer shall not be liable to pay any consideration to any User for re-publishing any content across any of its platforms.
You hereby agree not to post or publish any content on the Website that (a) infringes any third-party intellectual property or publicity or privacy rights, or (b) violates any applicable law or regulation, including but not limited to the IG Rules and SPI Rules. MedweiSer, at its sole discretion, may choose not to publish your reviews and feedback. You agree that MedweiSer may contact you through telephone, email, SMS, or any other electronic means of communication for the purpose of:
Obtaining feedback in relation to Website or MedweiSer’s services; and/or
Obtaining feedback in relation to any Healthcare Professionals/ Practitioners listed on the Website; and/or
Resolving any complaints, information, or queries byHealthcare Professionals/ Practitioners regarding your Critical Content;
and you agree to provide your fullest co-operation further to such communication by MedweiSer. MedweiSer’s Feedback Collection and Fraud Detection Policy, is annexed as the Schedule hereto, and remains subject always to these Terms.
MedweiSer Health Private Limited (“us”, “we”, “our” or “MedweiSer”, which also includes its affiliates) is the author and publisher of the internet resource www.medweiser.com (“Website”) on the world wide web as well as the software and applications provided by MedweiSer, including the software and applications of the brand names ‘Clinic Hours’, ‘DietChart, ‘HealthFeed’ and ‘United Doctors’ (together with the Website, referred to as the “Services”).
- Section 43A of the Information Technology Act, 2000;
- Regulation 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”);
- Regulation 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011.
- The type of information collected from the Users, including Personal Information (as defined in paragraph 2 below) and Sensitive Personal Data or Information (as defined in paragraph 2 below) relating to an individual;
- The purpose, means and modes of collection, usage, processing, retention and destruction of such information; and
- How and to whom MedweiSer will disclose such information.
2.COLLECTION OF PERSONAL INFORMATION
Generally some of the Services require us to know who you are so that we can best meet your needs. When you access the Services, or through any interaction with us via emails, telephone calls or other correspondence, we may ask you to voluntarily provide us with certain information that personally identifies you or could be used to personally identify you. You hereby consent to the collection of such information by MedweiSer. Without prejudice to the generality of the above, information collected by us from you may include (but is not limited to) the following:
- contact data (such as your email address and phone number);
- demographic data (such as your gender, your date of birth and your pin code);
- data regarding your usage of the services and history made by or with you through the use of Services;
- other information that you voluntarily choose to provide to us (such as information shared by you with us through emails or letters.
The information collected from you by MedweiSer may constitute ‘personal information’ or ‘sensitive personal data or information’ under the SPI Rules.
“Personal Information” is defined under the SPI Rules to mean any information that relates to a natural person, which, either directly or indirectly, in combination with other information available or likely to be available to a body corporate, is capable of identifying such person.
The SPI Rules further define “Sensitive Personal Data or Information” of a person to mean personal information about that person relating to:
- financial information such as bank accounts, credit and debit card details or other payment instrument details;
- physical, physiological and mental health condition;
- sexual orientation;
- medical records and history;
- biometric information;
- information received by body corporate under lawful contract or otherwise;
- visitor details as provided at the time of registration or thereafter; and
- call data records.
MedweiSer will be free to use, collect and disclose information that is freely available in the public domain without your consent.
- 3.1 ALL USERS NOTE:This section applies to all users.
- 3.1.3 All the information provided to MedweiSer by a User, including Personal Information or any Sensitive Personal Data or Information, is voluntary. You understand that MedweiSer may use certain information of yours, which has been designated as Personal Information or ‘Sensitive Personal Data or Information’ under the SPI Rules, (a) for the purpose of providing you the Services, (b) for commercial purposes and in an aggregated or non-personally identifiable form for research, statistical analysis and business intelligence purposes, (c) for sale or transfer of such research, statistical or intelligence data in an aggregated or non-personally identifiable form to third parties and affiliates (d) for communication purpose so as to provide You a better way of booking appointments and for obtaining feedback in relation to the Healthcare Professionals/ Practitioners and their practice, (e) debugging customer support related issues. MedweiSer also reserves the right to use information provided by or about the Registered-User for the following purposes:
- Publishing such information on the Website.
- Contacting Registered-Users for offering new products or services.
- Contacting Registered-Users for taking product and Service feedback.
- Analyzing software usage patterns for improving product design and utility.
- Analyzing anonymized practice information for commercial use.
If you have voluntarily provided your Personal Information to MedweiSer for any of the purposes stated above, you hereby consent to such collection and use of such information by MedweiSer. However, MedweiSer shall not contact You on Your telephone number(s) for any purpose including those mentioned in this sub-section 4.1(iii), if such telephone number is registered with the Do Not Call registry (“DNC Registry”) under the PDPA without your express, clear and un-ambiguous written consent.
- 3.1.5 MedweiSer does not control or endorse the content, messages or information found in any Services and, therefore, MedweiSer specifically disclaims any liability with regard to the Services and any actions resulting from your participation in any Services, and you agree that you waive any claims against MedweiSer relating to same, and to the extent such waiver may be ineffective, you agree to release any claims against MedweiSer relating to the same.
- 3.1.6 You are responsible for maintaining the accuracy of the information you submit to us, such as your contact information provided as part of account registration. If your personal information changes, you may correct, delete inaccuracies, or amend information by making the change on our register page or by contacting us through www.medweiser.com/contact. We will make good faith efforts to make requested changes in our then active databases as soon as reasonably practicable. If you provide any information that is untrue, inaccurate, out of date or incomplete (or becomes untrue, inaccurate, out of date or incomplete), or MedweiSer has reasonable grounds to suspect that the information provided by you is untrue, inaccurate, out of date or incomplete, MedweiSer may, at its sole discretion, discontinue the provision of the Services to you. There may be circumstances where MedweiSer will not correct, delete or update your Personal Data, including (a) where the Personal Data is opinion data that is kept solely for evaluative purpose; and (b) the Personal Data is in documents related to a prosecution if all proceedings relating to the prosecution have not been completed.
- 3.1.7 If you wish to cancel your account or request that we no longer use your information to provide you Services, contact us through www.medweiser.com/contact . We will retain your information for as long as your account with the Services is active and as needed to provide you the Services. We shall not retain such information for longer than is required for the purposes for which the information may lawfully be used or is otherwise required under any other law for the time being in force. After a period of time, your data may be anonymized and aggregated, and then may be held by us as long as necessary for us to provide our Services effectively, but our use of the anonymized data will be solely for analytic purposes. Please note that your withdrawal of consent, or cancellation of account/ registration may result in MedweiSer being unable to provide you with its Services or to terminate any existing relationship MedweiSer may have with you.
- 3.1.8 If you wish to opt-out of receiving non-essential communications such as promotional and marketing-related information regarding the Services, please visit www.medweiser.com/contact .
- 3.1.9 MedweiSer may require the User to pay with a credit card, wire transfer, debit card or cheque for Services for which subscription amount(s) is/are payable. MedweiSer will collect such User’s credit card number and/or other financial institution information such as bank account numbers and will use that information for the billing and payment processes, including but not limited to the use and disclosure of such credit card number and information to third parties as necessary to complete such billing operation. Verification of credit information, however, is accomplished solely by the User through the authentication process. User’s credit-card/debit card details are transacted upon secure sites of approved payment gateways which are digitally under encryption, thereby providing the highest possible degree of care as per current technology. However, MedweiSer provides you an option not to save your payment details. User is advised, however, that internet technology is not full proof safe and User should exercise discretion on using the same.
- 3.1.10 Due to the communications standards on the Internet, when a User or the User or anyone who visits the Website, MedweiSer automatically receives the URL of the site from which anyone visits. MedweiSer also receives the Internet Protocol (IP) address of each User’s computer (or the proxy server a User used to access the World Wide Web), User’s computer operating system and type of web browser the User is using, email patterns, as well as the name of User’s ISP. This information is used to analyze overall trends to help MedweiSer improve its Service. The linkage between User’s IP address and User’s personally identifiable information is not shared with or disclosed to third parties. Notwithstanding the above, MedweiSer may share and/or disclose some of the aggregate findings (not the specific data) in anonymized form (i.e., non-personally identifiable) with advertisers, sponsors, investors, strategic partners, and others in order to help grow its business.
- 3.1.11 The Website uses temporary cookies to store certain (that is not sensitive personal data or information) that is used by MedweiSer and its service providers for the technical administration of the Website, research and development, and for User administration. In the course of serving advertisements or optimizing services to its Users, MedweiSer may allow authorized third parties to place or recognize a unique cookie on the User’s browser. The cookies however, do not store any Personal Information of the User. You may adjust your internet browser to disable cookies. If cookies are disabled you may still use the Website, but the Website may be limited in the use of some of the features.
- 3.1.12 A User may have limited access to the Website without creating an account on the Website. In order to have access to all the features and benefits on our Website, a User must first create an account on our Website. To create an account, a User is required to provide the following information, which such User recognizes and expressly acknowledges is Personal Information allowing others, including MedweiSer, to identify the User: name, User ID, email address, country, ZIP/postal code, age, phone number, password chosen by the User and valid financial account information. Other information requested on the registration page, including the ability to receive promotional offers from MedweiSer, is optional. MedweiSer may, in future, include other optional requests for information from the User to help medweiSer to customize the Website to deliver personalized information to the User.
- 3.1.14 The Website may enable User to communicate with other Users or to post information to be accessed by others, whereupon other Users may collect such data. Such Users, including any moderators or administrators, are not authorized MedweiSer representatives or agents, and their opinions or statements do not necessarily reflect those of MedweiSer, and they are not authorized to bind MedweiSer to any contract. MedweiSer hereby expressly disclaims any liability for any reliance or misuse of such information that is made available by Users or visitors in such a manner.
- 3.1.15 MedweiSer does not collect information about the visitors of the Website from other sources, such as public records or bodies, or private organisations, save and except for the purposes of registration of the Users (the collection, use, storage and disclosure of which each End User must agree to under the Terms and Conditions in order for MedweiSer to effectively render the Services).
- 3.1.16 MedweiSer maintains a strict “No-Spam” policy, which means that MedweiSer does not intend to sell, rent or otherwise give your e-mail address to a third party without your consent.
- 3.1.17 MedweiSer has implemented best international market practices and security policies, rules and technical measures to protect the personal data that it has under its control from unauthorised access, improper use or disclosure, unauthorised modification and unlawful destruction or accidental loss. However, for any data loss or theft due to unauthorized access to the User’s electronic devices through which the User avails the Services, MedweiSer shall not be held liable for any loss whatsoever incurred by the User.
- 3.1.18 MedweiSer implements reasonable security practices and procedures and has a comprehensive documented information security programme and information security policies that contain managerial, technical, operational and physical security control measures that are commensurate with respect to the information being collected and the nature of MedweiSer’s business.
- 3.2 HEALTHCARE PROFESSIONALS/ PRACTITIONERS NOTE:This section applies to all Healthcare Professionals/ Practitioners.
- 3.2.1 As part of the registration as well as the application creation and submission process that is available to Healthcare Professionals/ Practitioners on MedweiSer, certain information, including Personal Information or Sensitive Personal Data or Information is collected from the Healthcare Professionals/ Practitioners.
- 3.2.3 Healthcare Professionals/ Practitioners personally identifiable information, which they choose to provide to MedweiSer, is used to help the Healthcare Professionals/ Practitioners describe and identify themselves. This information is exclusively owned by MedweiSer You will be the owner of your information and you consent to MedweiSer collecting, using, processing and/or disclosing this information for the purposes hereinafter stated . MedweiSer may use such information for commercial purposes and in an aggregated or non-personally identifiable form for research, statistical analysis and business intelligence purposes, and may sell or otherwise transfer such research, statistical or intelligence data in an aggregated or non-personally identifiable form to third parties and affiliates. MedweiSer also reserves the right to use information provided by or about the Healthcare Professionals/ Practitioner for the following purposes:
- Publishing such information on the Website.
- Contacting Healthcare Professionals/ Practitioners for offering new products or services subject to the telephone number registered with the DNC Registry.
- Contacting Healthcare Professional/ Practitioners for taking product feedback.
- Analyzing software usage patterns for improving product design and utility.
- Analyzing anonymized practice information including financial, and inventory information for commercial use.
- 3.2.4 MedweiSer automatically enables the listing of Healthcare Professionals/ Practitioners’ information on its Website for every ‘Doctor’ or ‘Clinic’ added to a Practice using its software. The Healthcare Professionals/ Practitioner information listed on Website is displayed when Users search for doctors on Website, and the Healthcare Professionals/ Practitioner information listed on Website is used by Users to request for doctor appointments. Any personally identifiable information of the Healthcare Professionals/ Practitioners listed on the Website is not generated by MedweiSer and is provided to MedweiSer by Healthcare Professionals/ Practitioners who wish to enlist themselves on the Website, or is collected by MedweiSer from the public domain. MedweiSer displays such information on its Website on an as-is basis making no representation or warranty on the accuracy or completeness of the information. As such, we strongly encourage Healthcare Professionals/ Practitioners to check the accuracy and completeness of their information from time to time, and inform us immediately of any discrepancies, changes or updates to such information. MedweiSer will, however, take reasonable steps to ensure the accuracy and completeness of this information.
- 3.2.5 MedweiSer may also display information for Healthcare Professionals/ Practitioners who have not signed up or registered for the Services, provided that the Healthcare Processionals/ Practitioners have consented to MedweiSer collecting, processing and/or disclosing their information on the Website. Such Practitioners are verified by MedweiSer or its associates, and MedweiSer makes every effort to capture accurate information for such Practitioners. However, MedweiSer does not undertake any liability for any incorrect or incomplete information appearing on the Website for such Healthcare Professionals/ Practitioners.
- 3.3 USERS NOTE:This section applies to all Users.
- 3.3.1As part of the registration/application creation and submission process that is available to Users on this Website, certain information, including Personal Information or Sensitive Personal Data or Information is collected from the Users.
- 3.3.3 If you have inadvertently submitted any such information to MedweiSer prior to reading theprivacy statements set out herein, and you do not agree with the manner in which such information is collected, processed, stored, used or disclosed, then you may access, modify and delete such information by using options provided on the Website. In addition, you can inquire whether MedweiSer is in possession of your personal data, and you may also require MedweiSer to delete and destroy all such information.
- 3.3.4 Users’ personally identifiable information, which they choose to provide on the Website is used to help the End-Users describe/identify themselves. Other information that does not personally identify the Users as an individual, is collected by MedweiSer from Users (such as, patterns of utilization described above) and is exclusively owned by MedweiSer. MedweiSer may also use such information in an aggregated or non-personally identifiable form for research, statistical analysis and business intelligence purposes, and may sell or otherwise transfer such research, statistical or intelligence data in an aggregated or non-personally identifiable form to third parties and affiliates. In particular, MedweiSer reserves with it the right to use anonymized demographics information and anonymized User health information for the following purposes:
- Analyzing software usage patterns for improving product design and utility.
- Analyzing such information for research and development of new technologies.
- Using analysis of such information in other commercial product offerings of medweiSer.
- Sharing analysis of such information with third parties for commercial use.
- 3.3.5 MedweiSer will communicate with the Users through email, phone and notices posted on the Website or through other means available through the service, including text and other forms of messaging. The End-Users can change their e-mail and contact preferences at any time by logging into their “Account” at www.medweiser.com and changing the account settings.
- 3.3.6 At times, MedweiSer conducts a User survey to collect information about Users’ preferences. These surveys are optional and if End-Users choose to respond, their responses will be kept anonymous. Similarly, MedweiSer may offer contests to qualifying Users in which we ask for contact and demographic information such as name, email address and mailing address. The demographic information that MedweiSer collects in the registration process and through surveys is used to help MedweiSer improve its Services to meet the needs and preferences of Users.
- 3.3.7 MedweiSer may keep records of electronic communications and telephone calls received andmade for making appointments or other purposes for the purpose of administration of Services, customer support, research and development and for better listing of Healthcare professionals/ Practitioners.
- 3.3.8 All MedweiSer employees and data processors, who have access to, and are associated with the processing of sensitive personal data or information, are obliged to respect the confidentiality of every Users’ Personal Information or Sensitive Personal Data and Information. MedweiSer has put in place procedures and technologies as per good industry practices and in accordance with the applicable laws, to maintain security of all personal data from the point of collection to the point of destruction. Any third-party data processor to which MedweiSer transfers Personal Data shall have to agree to comply with those procedures and policies, or put in place adequate measures on their own.
- 3.3.9 MedweiSer may also disclose or transfer Users’ personal and other information provided by a User, to a third party as part of reorganization or a sale of the assets of a MedweiSer corporation division or company. Any third party to which MedweiSer transfers or sells its assets to will have the right to continue to use the personal and other information that End-Users provide to us, in accordance with the Terms and Conditions.
- 3.3.10 To the extent necessary to provide Users with the Services, MedweiSer may provide their Personal Information to third party contractors who work on behalf of or with MedweiSer to provide Users with such Services, to help MedweiSer communicate with Users or to maintain the Website. Generally these contractors do not have any independent right to share this information, however certain contractors who provide services on the Website, including the providers of online communications services, may use and disclose the personal information collected in connection with the provision of these Services in accordance with their own privacy policies. In such circumstances, you consent to us disclosing your Personal Information to contractors, solely for the intended purposes only.
- 3.4 CASUAL VISITORS NOTE:
- 3.4.1 No sensitive personal data or information is automatically collected by MedweiSer from any casual visitors of this website, who are merely perusing the Website.
- 3.4.3 If you, as a casual visitor, have inadvertently browsed any other page of this Website prior to reading the privacy statements set out herein, and you do not agree with the manner in which such information is obtained, collected, processed, stored, used, disclosed or retained, merely quitting this browser application should ordinarily clear all temporary cookies installed by MedweiSer. All visitors, however, are encouraged to use the “clear cookies” functionality of their browsers to ensure such clearing / deletion, as MedweiSer cannot guarantee, predict or provide for the behaviour of the equipment of all the visitors of the Website.
4.CONFIDENTIALITY AND SECURITY
- 4.1 Your Personal Information is maintained by MedweiSer in electronic form on its equipment, and on the equipment of its employees. Such information may also be converted to physical form from time to time. MedweiSer takes all necessary precautions to protect your personal information both online and off-line, and implements reasonable security practices and measures including certain managerial, technical, operational and physical security control measures that are commensurate with respect to the information being collected and the nature of MedweiSer’s business.
- 4.2 No administrator at MedweiSer will have knowledge of your password. It is important for you to protect against unauthorized access to your password, your computer and your mobile phone. Be sure to log off from the Website when finished. MedweiSer does not undertake any liability for any unauthorised use of your account and password. If you suspect any unauthorized use of your account, you must immediately notify MedweiSer by sending an email to [email protected] You shall be liable to indemnify MedweiSer due to any loss suffered by it due to such unauthorized use of your account and password.
- 4.3 MedweiSer makes all User information accessible to its employees, agents or partners and third parties only on a need-to-know basis, and binds only its employees to strict confidentiality obligations.
- 4.4 Part of the functionality of MedweiSer is assisting the doctors to maintain and organise such information. MedweiSer may, therefore, retain and submit all such records to the appropriate authorities, or to doctors who request access to such information.
- 4.5 Part of the functionality of the MedweiSer is assisting the patients to access information relating to them. MedweiSer may, therefore, retain and submit all such records to the relevant patients, or to their doctors.
- 4.6 Notwithstanding the above, MedweiSer is not responsible for the confidentiality, security or distribution of your Personal Information by our partners and third parties outside the scope of our agreement with such partners and third parties. Further, MedweiSer shall not be responsible for any breach of security or for any actions of any third parties or events that are beyond the reasonable control of MedweiSer including but not limited to, acts of government, computer hacking, unauthorised access to computer data and storage device, computer crashes, breach of security and encryption, poor quality of Internet service or telephone service of the User etc.
If a User uses the Services or accesses the Website after a notice of changes has been sent to such User or published on the Website, such User hereby provides his/her/its consent to the changed terms.
6. CHILDREN’S AND MINOR’S PRIVACY
MedweiSer strongly encourages parents and guardians to supervise the online activities of their minor children and consider using parental control tools available from online services and software manufacturers to help provide a child-friendly online environment. These tools also can prevent minors from disclosing their name, address, and other personally identifiable information online without parental permission. Although the MedweiSer Website and Services are not intended for use by minors, MedweiSer respects the privacy of minors who may inadvertently use the internet or the mobile application.
7. CONSENT TO THIS POLICY