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Medisurge Technologies Standard Terms and Conditions for Experts
PLEASE READ VERY CAREFULLY THESE TERMS AND CONDITIONS AND THE FAQ BEFORE REGISTERING FOR THE TOPDOCTORSONLINE EXPERT PROGRAM. PARTICIPATION IN THE TOPDOCTORSONLINE EXPERT PROGRAM (Basic, Pro or Premium/Platinum Membership or License) INDICATES THAT YOU ACCEPT THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, PLEASE DO NOT REGISTER FOR OR PARTICIPATE IN THE TOPDOCTORSONLINE.COM EXPERT PROGRAM.
Introduction. This agreement ("Agreement") between You and Medisurge Technologies Pvt Ltd. ("TopDoctorsOnline.com") consists of these TOPDOCTORSONLINE EXPERT Program ((Basic, Pro or Premium/Platinum Membership or License)) Standard Terms and Conditions ("Terms and Conditions"). A description of the Program, as generally offered by TopDoctorsOnline.com, is available at the Program Frequently Asked Questions ("FAQ") URL, located at https://www.topdoctorsonline.com/experts/faq, or such other URL as TopdoctorsOnline.com may provide from time to time. "You" or "Publisher" means any entity identified in an enrollment form submitted by the same or affiliated persons, and/or any agency or network acting on its (or their) behalf, which shall also be bound by the terms of this Agreement.
Program Participation. Participation in the Program (Basic, Pro or Premium/Platinum Membership or License) is subject to TopDoctorsOnline.com’s prior approval and Your continued compliance with the Program Policies ("Program Policies"), located at https://www. topdoctorsonline.com/experts/policies, and/or such other URL as TopDoctorsOnline.com may provide from time to time. TopDoctorsOnline.com reserves the right to refuse participation to any applicant or participant at any time in its sole discretion.
Welcome to www.TopDoctorsOnline.com ("TopDoctorsOnline.com" or "Site"), the Web site that is a platform for on-line advice and professional consulting services. TopDoctorsOnline.com is owned and operated by Medisurge Technologies Pvt. Ltd. ("Medisurge Technologies"). The specific features and functionality of the Site are to be determined solely by Medisurge Technologies and are subject to change or termination without notice. This Agreement sets and contains all of the terms and conditions between you, an expert in your field ("Expert") and Medisurge Technologies. By clicking the "Yes" button and then the "Continue" button to submit an Expert registration form, a binding agreement will be executed between you and Medisurge Technologies. The Expert should therefore read this Agreement carefully. If, however, you (the Expert) do not agree to be bound by this Service Agreement click the "No" button. In such case you will not be able to register as an Expert at Medisurge Technologies. YOU AGREE THAT BY USING THIS SERVICE YOU ARE LEGALLY QUALIFIED HEALTH PROFESSIONAL AND AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.
This Agreement sets and contains all of the terms and conditions between you, an expert in your field ("you" or "Expert") and Medisurge Technologies. By clicking the "Yes" button and then the "Continue" button to submit an Expert registration form, a binding agreement will be executed between you and Medisurge Technologies. The Expert should therefore read this Agreement carefully. If, however, you (the Expert) do not agree to be bound by this Service Agreement click the "No" button. In such case you will not be able to register as an Expert at Medisurge Technologies.
By registering as an Expert (Basic, Pro or Premium/Platinum Membership or License) and agreeing to the terms and conditions of this Agreement, you also are agreeing to the terms of Medisurge Technologies’ Privacy Policy which is incorporated into this Agreement. When you register as an Expert you automatically become a site Member, therefore the provisions of Medisurge Technologies’ Terms of Service and Member Agreement are an integral part hereof, and are incorporated herein as part of this Agreement.
Definition of Service: TopDoctorsOnline.com provides a platform where an Expert (Basic, Pro or Premium/Platinum Membership or License) may present his or her expertise and sell advice or services to interested TopDoctorsOnline.com users ("Members"). Medisurge Technologies makes no representation or warranty whatsoever as to the willingness or ability of Members to pay for any advice given by the Expert. Therefore, Expert is encouraged to verify the details and credit-worthiness of those Members to whom Expert gives or contemplates giving advice.
Disclaimer of Warranty and Limitation of Liability
The expert acknowledges and agrees that TopDoctorsOnline.com is being provided for use as is, and therefore expert will not have any plea, claim or demand vis-a-vis Medisurge Technologies in respect to TopDoctorsOnline.com's members, properties, limitations or compatibility with the expert's needs. The use of TopDoctorsOnline.com is accordingly being made at the expert's sole and entire risk, without warranties of merchantability, fitness for a particular purpose, non-infringement, compatibility, security or accuracy. Medisurge Technologies expressly disclaims all warranties for information posted or transmitted by its members. If an expert decides to provide expert’s services through the use of TopDoctorsOnline.com, expert must exercise a reasonable standard of care, at least the same as expert would in a similar transaction not conducted through the internet, or the standard of care mandated by his or her profession, whichever is higher. The expert shall not have any plea, claim or demand against Medisurge Ttechnologies, its affiliates, and their respective officers, directors, shareholders, employees, sub-contractors, vendors, partners, advertisers and agents in respect of any services expert decides to provide in connection with the use of TopDoctorsOnline.com. Medisurge Technologies will not be deemed the provider or recipient of any services acquired through topdoctorsonline.com. The sale or purchase of services is accordingly affected at the expert's sole and entire risk. Under no circumstances will Medisurge Technologies, its affiliates, and their respective officers, directors, shareholders, employees, sub-contractors and agents be liable to any expert for any indirect, incidental, consequential, special, punitive or exemplary damages (including but not limited to loss of business, revenue, profits, use, data or other economic advantage), however it arises, whether in action of contract, negligence or other tortuous action, or arising from the services or any provision of this agreement. Medisurge Technologies, its affiliates, their respective officers, directors, shareholders, employees, sub-contractors, vendors, partners, advertisers and agents’ aggregate liability for direct damages arising with respect to this agreement will not exceed the total amount of money paid (if any) to Medisurge Technologies by expert through topdoctorsonline.com in the six month period prior to the date the claim arose. Expert acknowledges and agrees that Medisurge Technologies disclaims any liability with respect to any claim, suit or action brought by a member in connection with provision of any services by expert (including, without limitation, representations by the expert as to expert’s qualifications and advice provided by the expert) through the Medisurge Technologies service and expert agrees to indemnify and hold Medisurge Technologies harmless in connection with any such claim and any damages or expenses arising therefrom. Medisurge Technologies will not be liable for enforcing any agreement that was made between an expert and a member, including expert fee agreement. Expert will be solely responsible for any agreement made with a member. Expert further acknowledges that expert will solely be responsible and liable for any damages to any member to whom expert provides services and where that member suffers damages arising from or connected to such services. In the event of a dispute regarding any transaction conducted through TopDoctorsOnline.com, expert hereby releases Medisurge Technologies and its affiliates, and their respective officers, directors, shareholders, employees, sub-contractors, vendors, partners, advertisers and agents from all manner of actions, claims or demands and from any and all losses (direct, indirect, incidental or consequential), damages, costs or expenses, including, without limitation, court costs and attorney's fees, which expert may have against one or more of the above. If you are a physician, mental health professional or other medical expert or health caregiver: the advice or information you provide to members is for informational purposes only and cannot be considered a substitute for a face-to-face physical examination of the member by a medical professional. You will provide information and advice only about non-emergency matters. For emergency matters you will instruct the member to immediately call their local emergency assistance number. If you are a physician, mental health professional or other medical expert, you will not engage in the practice of medicine or enter into a physician/patient relationship with any member through TopDoctorsOnline.com. In addition, you agree that you:
Will not diagnose, treat, test, recommend a course of treatment, or otherwise provide or perform services that require an in-person physical examination of a Member;
Will not prescribe or dispense medicines;
Will recommend that Members seek the advice of a physician who can perform an in-person physical examination;
Will advise Members that your online advice is not a substitute for the advice of a physician after physical examination and that your online advice is for informational purposes only;
Exclusivity Contract: Experts who are offered Pro/Premium/Platinum Membership/License agree to enter into an exclusivity contract with TopDoctorsOnline.com and Medisurge Technologies Pvt Ltd for Three (3) years which means they will not join any other website of similar nature or commercial online platform (other than his/her own pre-existing website) for THREE (3) years from the date of joining/getting Pro, Premium or Platinum license/membership, if he/she chooses to do so one will have to inform the website management in writing along with the submission of a Draft of Rs.20,000/-
Additional Expert Representations and Warranties By submitting the Expert registration form, you, the Expert, represent, warrant and agree to the following:
At all times you, the Expert, will provide correct and accurate representation of skills, degrees, qualifications, background and other information as prompted by any form in Medisurge Technologies, and will maintain and update all such information during the term of this Agreement to keep it true, accurate, current and complete. You will maintain such skills, qualifications and other information, including maintaining your status in good standing as a licensed professional in any jurisdiction, as may be required by that jurisdiction, where you practice your profession. You shall not perform services or offer advice in any jurisdiction where you are not authorized or licensed or in good standing to do so.
You will not provide any legal or medical advice or other advice or information which may only be lawfully rendered or provided by a licensed professional who has established a physician-patient relationship, attorney-client, or other relationship. You will not provide any medical or legal information unless you are a licensed professional in good standing in the relevant field of expertise and you abide by all relevant laws, rules and regulations, including, without limitation rules of ethics and professional responsibility.
You will not offer or provide advice, directly or through writings, as to the value of securities or as to the advisability of investing in, purchasing or selling securities or any report or analysis concerning securities. You will not offer advice or provide any product or services related to or claiming success with lottery numbers.
You will not misrepresent yourself or create a misleading name or listing. The aforementioned is an ongoing affirmative obligation for the Expert to maintain and update on a regular basis.
Expert's Conduct:
You, the Expert, will be solely and fully liable for all conduct, services, advice, postings and transmissions that are made under your user name and password. You represent, warrant and declare that while you are using TopDoctorsOnline.com as an Expert, you will act according to the following rules:
Expert will be solely responsible for the services provided to Members and to the verification of Members’ identity and other information delivered to you by Members;
As a platform where Expert can offer services, Medisurge Technologies is not involved in any transactions between Expert and Members. Medisurge Technologies does not control the accuracy of any postings on the Site or transmissions through it by Members. In addition, Medisurge Technologies may not and will not make any effort to verify the identify of any of its Members;
Expert agrees that any information or content that Expert posts or transmits through TopDoctorsOnline.com will not be considered Expert’s confidential information, but rather this information, whether personal in nature or not, shall be owned by Medisurge Technologies. Expert further agrees and consents to the Expert’s chats or transcripts, being captured in any format, controlled, processed and shared by Medisurge Technologies with third parties as designated solely by Medisurge Technologies;
Expert grants Medisurge Technologies an unlimited, irrevocable, royalty-free license to use, reproduce, display, edit, copy, transmit, process, control, publicly perform and create derivative works communicate to the public or any third party any such information and content on a world-wide basis; Expert will not attempt to provide any service that he or she is not qualified to provide, even if requested so by a Member. Expert will not answer questions from the public board in fields that are not within Expert’s fields of expertise;
Expert will not mislead Members to believe that he or she can provide a service which is outside Expert’s fields of expertise;
All interactions between Expert and Member will be billed through Medisurge Technologies regardless if the interaction is online or offline. Expert agrees to abide by the pricing terms agreed upon with Members while utilizing TopDoctorsOnline.com;
All contact between experts, consumers and any other users who are introduced through the Medisurge Technologies platform must be conducted only through the Medisurge Technologies platform. Exchange of personal contact information is strictly prohibited. Any exchange of contact information or communication outside of the Medisurge Technologies platform, whether via personal email, phone, in person or any other means, is strictly prohibited and is a violation of this Agreement. In the event Medisurge Technologies suspects or determines any such unauthorized contact, Medisurge Technologies reserves the right to withhold payments, levy fines, and/or suspend or terminate service in its sole and absolute discretion.
Expert will not take any actions which may undermine, disrupt or manipulate the integrity of the Member feedback (rating) system on the Site. Currently only ratings for paid sessions will count toward the Expert's public ratings and rating average. Medisurge Technologies may change the above-mentioned session at any time and without warning, and even remove old ratings given for paid sessions. Medisurge Technologies also reserves the right to exclude without explanation any rating that we think may compromise the integrity of the member feedback system;
Expert will not interfere with or disrupt the TopDoctorsOnline.com site or servers or networks connected to the Site;
Expert will not attempt to gain unauthorized access to other computer systems or networks connected to the Site, and will not transmit "junk mail", or any unsolicited mass distribution of e-mail or bulletin board postings;
Expert will not transmit through the Service any unlawful, harassing, libelous, privacy invading, abusive, threatening, defamatory, vulgar, obscene, racist, harmful or otherwise objectionable material of any kind;
Expert will not disobey or breach this Agreement or any other applicable instructions conveyed by Medisurge Technologies or its officers;
Expert will not violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code;
Expert will not upload, post, e-mail, transmit or otherwise make available: (a) any information or material that infringes a third party right, especially copyright or other intellectual property rights; (b) any third party advertisements, including banner exchange services; (c) software viruses, Trojan horses, worms or any other malicious application or (d) any information or material which may constitute or encourage conduct that is a criminal offense or civil wrong or otherwise violates any applicable law;
Expert will not impersonate any person or entity, or make any false statement regarding Expert’s employment, agency or affiliation with any person or entity;
Expert will not stalk, threaten or harass Members or other Experts or invade or attempt to invade their privacy;
Expert will not disclose any information that was provided to Expert by a Member and will use his or her best efforts to guard Member's privacy; and
Expert agrees to comply with all applicable laws regarding use of this Site. Expert may not use this Site to solicit the performance of any illegal activity or other activity which infringes the rights of Medisurge Technologies or others. Expert agrees not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any other person’s use of the Site. Expert may not attempt to gain unauthorized access to any portion or feature of the Site by hacking, password "mining" or other illegitimate.
Medisurge Technologies may review the Expert's personal profile and amend any typing or spelling errors. Medisurge Technologies cannot and will not verify or examine the truthfulness or accuracy of the details in the Expert’s personal profile, credentials, qualifications, or any of Expert’s postings or transmissions. However, Medisurge Technologies may, in its absolute discretion, remove or refuse to post or transmit any content uploaded by the Expert. Without derogating from the above, Medisurge Technologies may remove any content violating this Agreement. The Expert will bear all the risks associated with the uploading and transmitting material utilizing TopDoctorsOnline.com, including reliance on its accuracy, reliability or legality.
Technologies Fees
Medisurge Technologies will use reasonable efforts to process the Member's credit card for the amount agreed upon between Members and Expert within seven (7) working days from the execution date of each transaction.
Starting June 15, 2010, Medisurge Technologies’ services charges structure (the "Medisurge Technologies Charges") will be as follows:
Live Chat Sessions, Telephonic session and E-mail sessions: 25% (including Payment Gateway Charges and other administrative charges)
A "Live Session" includes a session between an Expert and a Member via voice, chat, video or any other medium. The Medisurge Technologies Commission for All Sessions remains at the rate identified above regardless of the session amount.
Medisurge Technologies charges the Expert administration charges of 25% including payment gateway charges as applicable. This amount is deducted from the total Expert Fee generated for the Live/Telephonic/E-mail Sessions, and the Medisurge Technologies administration charges will be applied to the balance of the Expert Fee. Medisurge Technologies reserves the right to modify this payment structure at any time without prior notice. However, Medisurge Technologies will use reasonable efforts to notify the Expert in advance of any such change via e-mail and/or messages in the Expert's "Mailbox," and/or posting modifications to the Site.
The administration charges will be deducted from any Expert Fees or other payment that will be received by Medisurge Technologies and credited to the Expert's account immediately upon receipt of such payment. Within thirty (30) days following the end of each month, Medisurge Technologies will deliver payment to Expert as follows: the Expert Fees actually received by Medisurge Technologies in the prior month less the applicable Connection Fee and Medisurge Technologies Commission and applicable tax or withholding taxes (if there is any). However, if the payment to Expert for any given month would be less than Rs.1000, Medisurge Technologies may hold such payment to Expert until the amount due is equal to or exceeds Rs. 1000. Medisurge Technologies will send the Expert payment via electronic fund transfer or the postal service in cheques drawn from a government recognized bank or via other payment methods as will become available (e.g. PayPal). Expert alone is responsible for reporting and paying any applicable tax or tariffs levied on him in connection with fees receivable or received due to Expert’s participation in TopDoctorsOnline.com.
Notwithstanding the foregoing, Expert authorizes Medisurge Technologies to withhold, in its discretion, payments to Expert of certain amounts paid by Members by credit card until adequate time has passed to ensure that the payment will not be disputed by the paying Member or charged back by such Member's credit card issuer, or, if Medisurge Technologies reasonably believes that fraudulent activity may have occurred in connection with payment, until Medisurge Technologies is able to verify that no such activity has occurred.
Medisurge Technologies’ billing system may not be error-free, and Medisurge Technologies shall not be liable for any problems, miscalculations or malfunctions in processing Expert Fees or other payments due to the Expert. If the Expert thinks that a mistake has occurred he or she must send his/her complaint to accounts@TopDoctorsOnline.com within 30 days of discovery of such mistake. If for any reason the Member has not paid the Expert Fee or has paid but has later charged back such payment, no Expert Fees will be paid to the Expert for that transaction and if the money has already been sent to the Expert, Expert is required to repay this amount to Medisurge Technologies, and Medisurge Technologies has the right to deduct this amount from the Expert's account or from the following payments to be made from Medisurge Technologies to Expert. For Experts who simultaneously participate as Members, Medisurge Technologies shall be entitled to transfer or set-off payments from an Expert’s pending earnings against such Expert’s outstanding balance as a Member.
User Name and Password
When you, the Expert, create and open an account with Medisurge Technologies, you will be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password and user name and any other security information related to your account. You will be fully responsible for all activities that occur under your account, user name or password. You may not use the account, username or password of someone else at any time. You will immediately notify Medisurge Technologies of any unauthorized use of your password, user name, e-mail or any other breach of security. Medisurge Technologies encourages Experts to change their password at least once a month.
Medisurge Technologies will not be liable for any loss that you incur as a result of someone else using your account or your password, either with or without your knowledge. You may be held liable for any losses incurred by Medisurge Technologies due to someone else’s use of your account or password.
Expert Information
Expert does not have to furnish the information required for registration in TopDoctorsOnline.com. However, without that information, Expert will not be able to use Medisurge Technologies’ services. Medisurge Technologies Inc. is the sole owner of the information collected on this Site. Medisurge Technologies will not sell, share, or rent this information to others in ways different from what is disclosed in this Agreement. By consenting to this Agreement, you agree and acknowledge that Medisurge Technologies may collect, process, and transfer any information, private or otherwise, so long as Medisurge Technologies does so for the purpose for which it was collected.
In order to use TopDoctorsOnline.com, both Members and Experts must first complete the registration form. During registration, the Expert is requested to furnish contact information, such as name and e-mail address. This information is used to contact the Expert about the services on TopDoctorsOnline.com for which he or she has expressed interest, and is also used as Expert's login information. Expert is encouraged to provide additional personalized information (such as experience and qualifications) and unique identifiers (such as a screen name), so Medisurge Technologies may provide a more personalized experience on the Site. In such case Expert may decide whether he or she wishes to provide such information or not.
The information furnished by the Expert during the registration process will be kept in Medisurge Technologies’ database. Medisurge Technologies will use reasonable means to protect the integrity and safety of the database. However, such means are not fault-proof and Medisurge Technologies will therefore not be liable for any direct, indirect, consequential or incidental damage that the Expert may sustain due to unauthorized intrusion to the database. Expert consents to Medisurge Technologies collecting and processing Expert's personal information for normal business use by Medisurge Technologies.
Expert and Member Communication
The main purpose of Medisurge Technologies is to provide a platform for registered Experts to provide Members with advice that they seek. By utilizing TopDoctorsOnline.com Experts and Members can negotiate and enter into a contract for advice. Medisurge Technologies does not screen or edit the content of communications between Experts and Members, but Medisurge Technologies may screen, copy, transmit and review all communications conducted by or through TopDoctorsOnline.com for technical support and/or in order to uphold the terms of this Agreement. Such communications are confidential, personal and private unless both the Member and the Expert agree to other distribution, for example, by posting questions or services on the Public Board (described later). All communications between Experts and Members are NOT encrypted and thus may be subject to unauthorized interception and monitoring.
Currently, chat communications between the Expert and Medisurge Technologies’ servers are encrypted, but only if the Expert is using the most current version of Medisurge Technologies’ software. E-mail and phone communications are not encrypted and thus may be more susceptible to unauthorized monitoring.
Cookies
Medisurge Technologies makes use of cookies to store information. A cookie is a piece of data stored on the Expert's hard drive containing information about the Expert. For instance, by accepting a cookie by TopDoctorsOnline.com, Expert will not have to enter his or her login information (his or her e-mail and password) every time he or she logs into his or her account, thereby saving time while on TopDoctorsOnline.com. If the Expert rejects the cookie, he or she may still use TopDoctorsOnline.com; however, the Expert will simply have to login each time he or she visits the Site. Cookies can also be used to enable Medisurge Technologies to track and target the interests of Expert in order to enhance his or her experience on TopDoctorsOnline.com. Of course, if the Expert shares his or her computer with others, others may be able, with certain browsers or under certain circumstances, to read the Expert's communications with Members and TopDoctorsOnline.com. If Expert shares a computer with others, Expert should either disable cookies or enable cookies but sign out of Medisurge Technologies when Expert no longer uses the computer or when someone else is going to use that same computer.
Medisurge Technologies Use of Data
Medisurge Technologies uses IP addresses to analyze trends, administer the site, track Expert's movements on the site, and gather broad demographic information for aggregate use. IP addresses are also linked to personally identifiable information in order to enhance the Expert's experience when using our site. Medisurge Technologies may also retain any e-mails, letters or other correspondence between Expert and Medisurge Technologies to ensure quality control and the best possible service, although it has no obligation to do so.
Medisurge Technologies may use the information furnished by the Expert, as well as information that it collects regarding use patterns and transactions that are conducted through TopDoctorsOnline.com, in order to improve TopDoctorsOnline.com, to analyze statistical information regarding TopDoctorsOnline.com, and to furnish such statistics to third parties, including advertisers. Information furnished to third parties will not identify the Expert personally.

Medisurge Technologies may from time to time send e-mail advertisements to Expert, whether the material is its own or is commercial information furnished by third parties. Expert is given the opportunity to "opt-out" of having his or her information used for purposes not directly related to TopDoctorsOnline.com at the point where Medisurge Technologies asks for such information. Medisurge Technologies’ registration form has an opt-out mechanism to allow for removal from newsletters, promotions, etc., and Experts can always choose to opt-out by following the appropriate mechanism from within Expert's Medisurge Technologies account.

Medisurge Technologies may use the details of transactions executed through TopDoctorsOnline.com for promotional and informational purposes and publish their details on TopDoctorsOnline.com, provided that such publication will not identify the Expert or Member in any means other than their Screen Name. If the Expert elects to use Medisurge Technologies’ referral service for informing a friend about the Site, Medisurge Technologies asks the Expert for the friend's name and e-mail address. Medisurge Technologies will automatically send the friend a one-time e-mail inviting them to visit the Site. Medisurge Technologies stores this information for the sole purpose of sending this one-time e-mail. The friend may contact Medisurge Technologies at service@TopDoctorsOnline.com to request the removal of this information from its database.

Currently, Medisurge Technologies does not share aggregated information with our partners and advertisers, but may do so in the future. This will not be linked to any personal information that can identify any individual person. Medisurge Technologies will use a credit card processing company to bill users for use of the Medisurge Technologies service. These companies do not retain, share, store or use personally identifiable information for any secondary purpose.

Medisurge Technologies reserves the right to partner with another party to provide specific services. When the Expert signs up for these services, Medisurge Technologies may share names, or other contact information that is necessary for the third party to provide these services. These parties are not allowed to use personally identifiable information except for the purpose of providing these services or as otherwise specified in the registration process for such services.

Medisurge Technologies may assign, transfer, rent, sell or lease its database, without giving the Expert any prior notice, to any other subsidiary of Medisurge Technologies’ holding company, Medisurge Technologies’ subsidiaries and, in case of merger or bankruptcy, to the surviving entity after such merger or bankruptcy or to any third party that will ratify Medisurge Technologies’ privacy policy. Medisurge Technologies may divulge to a third party personally identifiable information and transaction details according to a judicial writ, demands of governmental authorities, and in any legal proceedings between Medisurge Technologies and the Expert. In addition, Medisurge Technologies may disclose personally identifiable information to the Member or to public authorities to deal with emergency situations or situations where the Expert's safety may be in jeopardy.

Medisurge Technologies may, in its discretion, create co-branded Web sites with its partners. In such case, the Expert listings may appear in the co-branded site, but Medisurge Technologies will not transfer any personally identifiable information about the Expert to the other Web site without receiving the Expert's prior consent. The co-branded sites are maintained on Medisurge Technologies servers. Unless Expert agrees otherwise all personally identifiable information is stored solely by Medisurge Technologies. Medisurge Technologies does record the partner Web site from which a visitor has linked to Medisurge Technologies. If a visitor registers to become a Member and/or an Expert, Medisurge Technologies may track the partner's name, in order to further the relationships Medisurge Technologies has with its partners.

General
If an Expert wishes to update his or her personally identifiable information, such as a mailing address, or if an Expert no longer desires Medisurge Technologies’ service, Medisurge Technologies will endeavor to provide a way to correct, update or opt-out of any of Medisurge Technologies’ services. This can usually be done from within the Expert’s Medisurge Technologies account, or by e-mailing Customer Support at service@TopDoctorsOnline.com.
If the Expert has any questions about Medisurge Technologies’ privacy statement, the practices of TopDoctorsOnline.com or your dealings with Medisurge Technologies, please contact service@TopDoctorsOnline.com
IMPORTANT: Any advice given on website by an expert is not valid for medico-legal purposes.
International Users

Medisurge Technologies makes no claim that the content of the Site is appropriate or may be downloaded outside India. If you access the Site from a location outside India, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction regarding online conduct and acceptable content.
Links

TopDoctorsOnline.com may contain links to Web sites operated by third parties. Medisurge Technologies has no control over such sites and the information provided in them. Expert acknowledges and agrees that Medisurge Technologies is not responsible for the availability of such third party Web sites and will not be responsible or liable for any content, advertising, products, privacy policy or other materials contained therein. Expert warrants and agrees that Medisurge Technologies will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, products or services available on or through any third party Web sites. Medisurge Technologies encourages Expert to be aware when he or she leaves TopDoctorsOnline.com and to read the privacy statements of each and every Web site that collects personally identifiable information.
Advertisements

Medisurge Technologies may include in TopDoctorsOnline.com advertisements on its own behalf or paid advertisements on behalf of interested companies and/or individuals. By clicking on the advertisements, the Expert may be shifted to a Web site of the advertiser or receive other messages, information or offers from the advertiser. Expert acknowledges and agrees that Medisurge Technologies is not liable for the privacy practices of advertisers or the content of their Web sites, information, messages or offers. Expert is wholly liable for all communications with advertisers and for all transactions subsequently executed.
Modifications and Termination of TopDoctorsOnline.com

Medisurge Technologies reserves the right to modify or discontinue, temporarily or permanently, the services in TopDoctorsOnline.com, with or without notice to Expert. Expert agrees that Medisurge Technologies shall not be liable to Expert or any third party for any modification or discontinuance to TopDoctorsOnline.com's services, or for any losses or damages that may result to Expert or his or her Members from such discontinuation or interruption of service.

Medisurge Technologies’ services depend upon different factors such as: software, hardware and communications networks of Medisurge Technologies, its contractors and suppliers. Hence, Medisurge Technologies cannot guarantee that TopDoctorsOnline.com will not be interrupted, or that it will be timely, secure or error-free.

Medisurge Technologies, in its sole discretion and for any reason, may terminate Expert's participation in TopDoctorsOnline.com and refuse any and all current or future use by Expert of TopDoctorsOnline.com.
Termination of Account by Expert

Expert may terminate their Agreement with Medisurge Technologies at any time by sending a signed notice to Medisurge Technologies via mail. E-mails will not be accepted. Medisurge Technologies shall invalidate Expert's user name and password within thirty (30) days of receiving such notice. Expert may inactivate/suspend his or her own account for any desired period of time from within their Medisurge Technologies account. Notwithstanding termination, all obligations of Expert under this Agreement relating to any activity prior to the termination date shall remain in full force and effect. Even after the termination of one’s account the expert of Pro/Premium/Platinum category is not allowed to join any other website of similar nature or any other commercial online-platform for at least 1 year. If he/she wishes to do so, one will have to pay Rs.20,000/- to Medisurge Technologies Pvt. Ltd. for breaking the exclusivity agreement of three years.

Intellectual Property Medisurge Technologies is the sole owner of all the intellectual property, and in particular the copyright, trade marks, database and patents, in TopDoctorsOnline.com and in any software, application, graphics, text and other materials used therein, including the organization of the materials contained therein.

Expert may not operate robots or spiders to scan TopDoctorsOnline.com's database. Expert may use "deep linking" only to his or her personal Web page within TopDoctorsOnline.com but not to any other part thereof. Expert may not view TopDoctorsOnline.com with a graphic user interface different from the one designed by Medisurge Technologies.

TopDoctorsOnline.com contains copyrighted material, trade secrets and proprietary information owned by Medisurge Technologies. This Agreement does not grant the Expert any rights to patents, copyrights, trade secrets, trade names, trademarks (whether registered or unregistered), domain names or any other rights, functions or licenses in respect of TopDoctorsOnline.com. The Expert may not create derivative software based upon any trade secret, intellectual property or proprietary information of Medisurge Technologies. Furthermore, the Expert may not sub-license, assign or transfer, sell or make any other commercial use of his or her membership in TopDoctorsOnline.com.

The Expert may not adapt or use any trademark or trade name, domain name similar to or likely to be confused with that of Medisurge Technologies’ and TopDoctorsOnline.com, or take any other action which infringes or impairs Medisurge Technologies’ trademark rights.

Medisurge Technologies shall retain all ownership in and to TopDoctorsOnline.com and all content displayed on the TopDoctorsOnline.com Web site including copies of data transferred or received by Expert on the site.
Copyright Policy
Medisurge Technologies respects the intellectual property of others, and we ask our users to do the same. Medisurge Technologies may, in appropriate circumstances and at its discretion, terminate the account or access of users who infringe the intellectual property rights of others.

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Medisurge Technologies’ Copyright Agent the following information:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

a description of the copyrighted work that you claim has been infringed, including the URL (Web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;

a description of where the material that you claim is infringing is located on the site, including the URL;
your address, telephone number, and email address;

a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Medisurge Technologies’ Copyright Agent for Notice of claims of copyright infringement can be reached as follows:

By mail: Copyright Agent

c/o Medisurge Technologies Pvt. Ltd., 2, Madhuban, I.P. Extension, New Delhi - 110092

By e-mail: copyright@TopDoctorsOnline.com

Limited License

Medisurge Technologies grants Expert a non-exclusive, revocable right to use the Site provided that Expert does not copy, modify, create a derivative work of, reverse engineer, disassemble or otherwise attempt to discover any source code, or breach this Agreement.

Indemnification

Expert will indemnify, defend and hold harmless Medisurge Technologies, and its employees, representatives, agents and Affiliates against any and all losses, damages, suits, judgments, costs and expenses (including litigation costs and reasonable attorneys' fees) arising out of or in connection with any claim, suit, action, or other proceeding brought against Medisurge Technologies or such party, to the extent that such claim, suit, action or other proceeding is based on or arises from: (a) any breach of any representation, warranty, covenant or agreement to be performed by Expert according to this Agreement; (b) Expert's provision of services to any third party, regardless of whether or not they are Members of the Medisurge Technologies service; or (c) any materials that Expert has posted to TopDoctorsOnline.com and/or any content on Expert's Web site or otherwise provided to Members. Expert represents and warrants that it maintains and will continue to maintain adequate insurance if such insurance is required by any applicable laws or regulations which apply to the provision of services by Expert, including, without limitation, professional liability insurance applicable to the legal and medical professions.
Notice

Any notice or other communication to be given hereunder will be in writing and, unless otherwise provided, given by facsimile, postpaid registered or certified mail/return receipt requested, or electronic mail. The date of receipt shall be deemed the date on which such notice is given.

No Assignment

Expert shall not assign this Agreement or assign, pledge or mortgage any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior, written consent of Medisurge Technologies. Any purported transfer, assignment or delegation by Expert without the appropriate prior written approval will be null and void and of no force or effect.

Modifications to this Agreement

Medisurge Technologies may change this Agreement by posting modifications on the Site. Unless otherwise specified by Medisurge Technologies, all modifications shall be effective upon posting. Therefore, Expert is encouraged to check the terms of this Agreement frequently. By using the service or Site after the changes become effective, Expert agrees to be bound by such changes to the Agreement. If Expert does not agree to the changes, Expert may terminate access to the Site and participation in Medisurge Technologies’ services.

Miscellaneous

Nothing in this Agreement shall be construed as making either party the partner, joint venture, agent, legal representative, employer, or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. This Agreement shall be interpreted only in accordance with the laws of India (excluding any rules governing choice of laws) and any legal proceeding arising out this Agreement will occur exclusively in courts of New Delhi, India. Expert agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement or the Site must be filed within one (1) year after such claim or cause of action arose or be forever barred. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto. This Agreement (and the policies referenced herein and incorporated by reference) constitutes the entire agreement between Medisurge Technologies and Expert with respect to the subject matter hereof, and Expert has not relied upon any promises or representations by Medisurge Technologies with respect to the subject matter except as set forth herein. Experts are prohibited from providing services to Members who live in a country which is prohibited by law, regulation, treaty or administrative act from entering into trade relations with India. In the event of any conflict between this Agreement and the Member Agreement, this Agreement shall take precedence.

No waiver, concession, extension, representation or any alteration or addition to these Agreement or pursuant hereto will be effective unless made expressly and in writing. The paragraph headings herein are solely for the sake of convenience and will not be applied in the interpretation hereof. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, unenforceable or otherwise contrary to law, the remaining provisions of this Agreement will remain in full force and effect.

Violation:

The Expert may report any violation of this Agreement to service@TopDoctorsOnline.com.

Updated June 15, 2010.
   
 
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