eHealthcare
Improving Quality of Life
Welcome to eHealthcare website [https://www.eHealthcareinc.com]
The following Terms of Service contain the Terms and Conditions (this “Agreement”) that govern the use of our website (as defined below) and Services (as defined below) and all content, services and/or products available on or through the website (collectively, the “eHealthcare Services”).
Your acceptance of this Agreement forms a legally binding contract between you and eHealthcare (as defined below). If you are entering into this Agreement or will be using the services offered in this website on behalf of an entity, such as your employer or the company you work for, you represent that you have the legal and binding authority to do so.
As User of the eHealthcare Services, you unconditionally accept (other than the Special Terms, as defined below), the Terms and Conditions contained herein, including our Privacy Policy, the Guidelines (as defined below) and any future modifications thereof, as well as other operating rules, policies, and procedures that may be published from time to time on the Platform or made available to you on or through the eHealthcare Services.
PLEASE READ THIS AGREEMENT CAREFULLY. BY REGISTERING FOR, SUBSCRIBING, ACCESSING, BROWSING, AND/OR OTHERWISE USING THE eHEALTHCARE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO ACCESS, BROWSE OR OTHERWISE USE THE PLATFORM OR THE eHEALTHCARE SERVICES.
eHealthcare may, in its sole discretion, elect to suspend or terminate access to, or use of the eHealthcare Services to anyone who violates this Agreement.
If you register for a free trial of the ehealthcare Services, the applicable provisions of this Agreement will govern that free trial.
The original language of this Agreement is English. eHealthcare may make available translations for convenience. In case of conflicts between the original English version and any translation, the English version shall prevail.
1. Definitions
The following terms shall have the definitions stated in this Agreement.
Account - the primary means for accessing and using the eHealthcare Services, subject to payment of a fee set forth in our website;
Activity - appointments, patient records, billing, queue, messages, telemedicine services, or any activity done inside the app and on the website;
Authorization - the set of rights and privileges on the Web Site assigned to a User or Sub-User by eHealthcare Services;
Content - any data and information available through eHealthcare Services or contained within the structure of the System, articles, documents, brochures, presentations, pictures, images, audiovisual works, other informational materials and any comments;
Fee - Payment made by the User for availing of and/or using the activated Account or the Services of eHealthcare;
Files - documents of any kind (images, spreadsheets, text files, etc.) that are inserted to the System by the User, and usually associated with a particular Deal, Person or Organization;
Free Trial - temporary access for the purposes of trying out our Web Site and eHealthcare Services without paying a Fee;
Guidelines - additional guidelines or rules applicable to specific features, applications, products, or services which may be posted from time to time on the website or otherwise made available on or through eHealthcare Services;
eHealthcareMaterials - the visual interfaces, graphics, design, systems, methods, information, computer code, software, services, “look and feel”, organization, compilation of the content, code, data, and all other elements of the eHealthcare Services;
eHealthcare Services - the Web Site, Services, System, Content, Platform and all content, services and/or products available on or through the Platform;
eHealthcare - is owned and operated by eHealthcare Inc., a corporation established under the laws of California with registered address at 250 East Gish Road, San Jose, California 95112;
Payment Plan - various criteria related to the use and functionality of the eHealthcare Services and on which the Fee is based;
Platform - Refers to the website, www.ehealthcareinc.comas well as its partner mobile or social media platforms, if applicable.
Special Terms - any particulars, specifications and conditions by which the parties have agreed to deviate from these Terms;
System - the integrated cloud computing solution for providing the eHealthcare Services, including applications, software, hardware, databases, interfaces, associated media, documentation, updates, new releases and other components or materials provided therewith;
Sub-User - a natural person granted with the Authorization to use the Account of a User. This includes, but is not limited to, the secretary, administrative staff, and/or nurse of the User. Sub-Users may only access or avail of eHealthcare Services, upon the authority of a registered User. The User shall select which eHealthcare Services shall be made accessible to its Sub-Users;
User - a natural person who is a licensed and registered physician, authorized to practice medicine in the Philippines, and has accepted this Agreement with eHealthcare. It includes juridical persons, such as hospitals and medical facilities, that hire licensed and registered physicians in providing healthcare services. A natural person (patient) who is recipient of health care services performed by healthcare professionals. The patient is most often ill or injured and in need of treatment by a physician, nurse, psychologist, dentist, veterinarian, or other health care provider.
User Data - Files and any other digital data and information, which is subjected to the eHealthcare Servicesor otherwise inserted to the System by the User (including the specific Sub-Users, Patients, Persons, Organizations, Patient information, Patient Health Records, Patient Notes, Appointments, Billings, Messages associated with the User);
Web Site - the compilation of all web documents (including images, php and html files) made available via www.ehealthcareinc.com or its sub domains or domains with identical names under other top domains and owned by eHealthcare.
2. Authority to Enter into This Agreement with eHealthcare.
The use of eHealthcare Services is subject to the acceptance of this Agreement. Users of eHealthcare must be of legal age and a licensed and registered physician in the Philippines, with the proper authority to practice medicine. In case of Sub-Users, they must be of legal age and have been duly authorized by the User to avail of the Platform and eHealthcare services.
eHealthcare is not engaged in the practice of medicine. No information provided by eHealthcare constitutes the practice of medicine or any other medical profession. eHealthcare does not recommend procedures or opinions of the Licensed Physicians. THE LICENSED PHYSICIANS ARE SOLELY RESPONSIBLE FOR THE MEDICAL SERVICES PRESCRIBED TO YOU.
This Agreement is accepted as soon as one of the following occurs:
a.the person has received the confirmation of the creation of the Account and necessary credentials from eHealthcare in order to log in to his/her/its Account; or
b. for those eHealthcare Services and parts of the Web Site the use of which is not dependent on creating an Account, upon the moment of gaining access to such services.
All Users and Sub-Users may not, without eHealthcare’s prior written consent, access the eHealthcare Services (i) for production purposes, (ii) if you are a competitor of eHealthcare, (iii) to monitor the availability, performance or functionality of the eHealthcare Services or (iv) for other benchmarking or competitive purposes.
Once accepted, this Agreement remains effective until terminated as provided for in this Agreement.
3. Modifications to Terms
eHealthcare reserves the right, at its sole discretion, to change, update, modify, add, or remove provisions of this Agreement at any time by posting such changes on or through the Platform or the ehealthcare Services. Changes may be made with or without notice. We will not be liable to you nor to any third-party should we exercise our right to modify. All Users and Sub-Users are responsible for checking the terms and conditions periodically for changes. Your continued use of the ehealthcare Services after such changes constitutes a binding acceptance of the revised Agreement. Such amended terms will automatically be effective upon the earlier of (i) your continued use of the ehealthcare Services, or (ii) 30 days from posting of such modified Terms on or through the Platform. Notwithstanding the foregoing, the resolution of any dispute that arises between you and ehealthcare will be governed by the Agreement in effect at the time such dispute arose.
4. Our Responsibilities
4.1. Provision of eHealthcare Services.
eHealthcare will (a) make the eHealthcare Services available to a User and Sub-Users pursuant to these Terms, (b) provide applicable standard support for the eHealthcare Services to User and Sub-Users at no additional charge, and/or upgraded support (for an additional charge, if applicable), (c) use commercially reasonable efforts to make the eHealthcare Services available 24/7, except for: (i) planned downtime (of which eHealthcare shall give advance electronic notice as provided in the Guidelines), and (ii) any unavailability caused by circumstances beyond eHealthcare’s reasonable control, such as, an act of God, act of government, flood, fire, earthquake, civil unrest, act of terror, strike or other labor problem, Internet service provider failure or delay, or denial of service attack.
4.2. Protection of User Data. eHealthcare will maintain reasonable and appropriate administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of User Data, as described in the Guidelines and in accordance with its Privacy Policy.
5. Using the eHealthcare Services
5.1. Establishing an Account. Certain features, functions, parts or elements of the ehealthcare Services can be used or accessed only by registered Users or Sub-Users of an Account. The person who wishes to create an Account must complete the sign-up procedures and fill-in the necessary forms in the ehealthcare website. The necessary forms may require the Users and Sub-Users to provide their personal information, and to warrant that they have read and have given their affirmative consent to the terms of ehealthcare Privacy Policy for the processing of their personal information.
Users further warrant that they possess the necessary license, eligibility, and qualifications under Philippine laws and professional regulations to perform professional medical services. eHealthcare shall perform an initial verification prior to registration in the eHealthcare website by requiring the presentation of Users’ professional license, as provided by the Professional Regulatory Commission. However, eHealthcare does not give warranties that Users possess and maintain such necessary license, eligibility, and qualifications. eHealthcare, its successors-in-interest, stockholders, officers, directors, agents, or employees, shall not be liable for any damages arising from the absence or defects of such necessary license, eligibility, and qualifications.
Each User is entitled to have only one Account. If several persons need to use an Account created by the User, the User must designate such persons as Sub-Users, who will be subject to the same restrictions set forth in this Agreement.
If User has designated Sub-Users and granted them Authorization, such Sub-Users will be deemed to be authorized to act on behalf of User when using the Account. eHealthcare is neither responsible for verifying the right of representation or validity of Authorization nor for any acts done by Sub-Users. eHealthcare, however, reserves the right to ask for additional information or written proof of authorization by Sub-Users before allowing the use of eHealthcare Services.
Sub-Users may be associated with multiple Users and Accounts. Deleting a Sub-User from one Account will not remove the Sub-User from the Platform if he/she is connected to multiple Accounts. However, all data associated with the deleted Sub-User account will no longer be accessible to the Sub-User.
The User and Sub-Users, if any, associated with an Account must provide eHealthcare with true, accurate, current, and complete information about the Users, Sub-Users or Account and keep it up to date.
5.2. Logging into an Account. The User shall create his or her Login Credentials by providing an e-mail username and password during account registration. Users can access their accounts by inputting their Login Credentials in the website. These Login Credentials must not be used by multiple persons. If User has designated several Sub-Users, each Sub-User will be provided with separate Login Credentials. All Users and Sub-Users are responsible for keeping confidential all login credentials associated with an Account. Users must promptly notify eHealthcare:
a. of any disclosure, loss or unauthorized use of any Login Credentials;
b. of a Sub-User’s departure from the User’s organization;
c. of a change in a Sub-User’s role in the User’s organization;
d. of any termination of a Sub-User’s right for any reason.
5.3. Termination of Account. Users may terminate this Agreement at any time as provided hereunder. eHealthcare shall permanently delete the Account as soon as reasonably practicable after the effective date of the termination.
5.4. Fees. The use of an Account is subject to a Fee which will be specifiedupon sign-up for an Account. The Licensed Physician will have to sign up a separate contract with Xendit for the payment. eHealthcare may or may not offer free trial account or a subscription plan which may be announced on eHealthcare website from time to time. All Fees are non-refundable.
eHealthcare reserves the right to change prices for eHealthcare Services at any time and does not provide price refunds in the event of promotions or price decreases. Notwithstanding the foregoing, eHealthcare shall notify the Users of any price changes at least thirty (30) days before effectivity. Existing subscriptions, if any, will be honored until the expiration of the applicable subscription term.
All Fees are exclusive of all taxes, levies or duties applicable under any applicable law, unless otherwise stated herein. Users are solely responsible for the payment of such taxes, levies or duties.
5.5. Changing Plans. Any User has the right to upgrade or downgrade a current Plan at any time by selecting a new Plan among the collection of Plans offered by eHealthcare. In such an event, the User’s credit card on file with eHealthcare will automatically be charged with a Fee for the next payment interval with the rate stipulated in the new Plan. Downgrading of the current Plan may cause the loss of features or capacity of the Account, as well as the loss of User Data.
6. Payment
6.1. Timely Payment. User agrees to timely pay all amounts due and all other fees that may be billed in connection with the use of eHealthcare Services.
6.2. Credit Card Authorization. eHealthcare may seek pre-authorization of User’s credit card account prior to the purchase of eHealthcare Services in order to verify that the credit card is valid and has the necessary funds or credit available to cover the intended purchase. For this purpose, Users hereby authorize such credit card account to pay any amounts described herein and authorize eHealthcare to charge all sums described in this Agreement to such credit card account. You agree to provide eHealthcare updated information regarding your credit card account upon request and at any time the information earlier provided is no longer valid.
6.3. Electronic Invoice. If eHealthcare has not sought pre-authorization of your credit card, then before the end of each payment interval, Users will be issued an electronic invoice for payment of the Fee of the next payment interval. Users must pay the invoice by the due date indicated on the invoice to avoid termination or closure of the Account.
7. User Data
7.1. Uploading User Data to Platform. Once a User or Sub-User registers and subscribes to eHealthcare Services, he/she is required to upload User Data to the Platform, and at the same time signify express consent to authorize eHealthcare to collect and process the User Data. In all instances of uploading, using, sharing, and storage of User Data in eHealthcare, all Users and Sub-Users are responsible for ensuring that:
a. the User and Sub-Users associated with the Account do not create, transmit, display ormake otherwise available any User Data that violates the terms of this Agreement, the rights of Ehealthcare, and other persons.
b. the User and/or all Sub-Users associated with the Account have the necessary right, consent, and authority to use the User Data, including, among others, the uploading of the same onto the Platform and its processing in accordance with existing Data Privacy Laws.
c. the User and/or all Sub-Users data are true and up to date and it is your sole responsibility to update the same if there are any changes so that all your records are current, complete, and accurate.
7.2. No Guarantee of Accuracy. You understand that all information contained in User Data is the sole responsibility of the person from whom such data originated. This means that the User and/or Sub-Users, and not eHealthcare, are entirely responsible for all User Data that is uploaded, posted, transmitted, or otherwise made available through the eHealthcare Services. eHealthcare does not guarantee any accuracy with respect to any information contained in any User Data. Neither does eHealthcare guarantee the accuracy of the results of all processing and analytical tools of eHealthcare that rely on the accuracy of such User Data.
7.3. Unlawful Data. eHealthcare is not obliged to pre-screen, monitor or filter any User Data or acts of its processing by the User and Sub-User in order to discover any unlawful nature therein. However, if such unlawful data or the action of its unlawful processing is discovered or brought to the attention of eHealthcare or if there is reason to believe that the processing of certain data or information by the User or Sub-User is unlawful, eHealthcare has the right to:
a) notify the User of such unlawful User Data;
b) deny its publication on the Web Site or its insertion to the System;
c) demand that the User or Sub-User bring the unlawful User Data into compliance with this Agreement and applicable law;
d) temporarily or permanently remove the unlawful User Data from the Web Site or Account, restrict access to it, or delete it.
In addition to the foregoing, should eHealthcare determine, in its sole discretion, that the uploaded or 7 User Data violates applicable laws, rules or regulations, or this Agreement, eHealthcare may remove such User Data at any time with or without notice.
7.4. Protection of User Data. eHealthcare respects and values its Users’ and Sub-Users’ privacy. As such, we adopt reasonable and appropriate security measures to safeguard the confidentiality and privacy of all personal information uploaded or shared through the eHealthcare Services. eHealthcare’s Privacy Policy is incorporated in this Agreement by reference.
8. Services
8.1. Use of the eHealthcare Services. Subject to this Agreement, and the payment of the applicable service Fee, eHealthcare grants Users and its authorized Sub-Users a non-exclusive, non-transferable, non-sub-licensable license to use the eHealthcare Servicesto:
a) collect, store, and organize User Data, such as add new Patients, create Appointments, create Vitals, Health Records, Doctor’s Notes, Messages; add new Users and Sub-Users and grant them Authorizations;
b) modify and delete User Data;
c) customize the standard features of the eHealthcare Services;
d) receive reasonable help and guidance from eHealthcare regarding the use of the eHealthcare Services; and,
e) Telemedicine services.
8.2. Technical Support. eHealthcare shall provide reasonable technical support to the User and its authorized Sub-User upon request within a reasonable period and depending on available manpower. eHealthcare shall respond to inquiries of support from a User or Sub-User coming from the communication channels listed below.
8.3. Modifications to Service. eHealthcare reservesthe right to modify the eHealthcare Servicesor any part or element thereof from time to time without prior notice, including, without limitation:
a) rebranding the eHealthcare Servicesat its sole discretion;
b) ceasing to provide or discontinuing the development of any particular eHealthcare Servicesor part or element of the Platform temporarily or permanently;
c) taking such action as is necessary to preserve eHealthcare’s rights upon any use of the eHealthcare Services that may be reasonably interpreted as violation of eHealthcare’s intellectual property rights.eHealthcare also reserves the right to take any and all action which is necessary to prevent illegal activity through eHealthcare Services.
As applicable, Users may be notified of such modifications when logging in to the Account. Modifications, including change in applicable rates for the eHealthcare Services, will be made thirty (30) days before the effective date of such modification.
If the User does not accept the modification, the User shall notify eHealthcare before the effective date of the modification, and this Agreement will automatically be terminated on the effective date of the modification.
The User’s continued use of the eHealthcare Services, or any part or element thereof, after effective date of modifications shall indicate its consent to the modifications. eHealthcare shall not be liable to the User or to any third person for any modification, suspension or discontinuance of the eHealthcare Services, or any part or element thereof.
9. Restrictions
9.1Prohibited Activities. Users and their authorized Sub-Users may use the eHealthcare Services and any part or element thereof only within the scope, means and purposes as identified in this Agreement and applicable law. By way of example, no User or Sub-User may:
a) use the eHealthcare Services or any part or element thereof to commit a crime, violate or breach any applicable law, or entice or invite others to carry out such illegal actions;
b) copy, duplicate, distribute, modify, adapt, hack, create derivative works, reverse engineer or decompile the eHealthcare Services or any part or element thereof, or attempt to extract the source code thereof;
c) use the eHealthcare Services or any part or element thereof other than the purpose for which it is intended, unless it has agreed to these Terms.
9.2. Certain Uses Require eHealthcare Consent. Any User or Sub-User may not, without eHealthcare’s prior express written consent:
a) sell, resell, lease, license, sublicense, distribute, provide, disclose, divulge, exploit or otherwise grant access or make the eHealthcare Servicesavailable in whole or in part to any third persons, unless such third person is another authorized Sub-User of the User;
b) use the eHealthcare Servicesor any part or element thereof in a scope, with means or for purposes other than those for which their functionality was created;
c) use the eHealthcare Servicesor any part or element thereof by means of programs that send them automatic enquiries or requests, unless such program has been made available by eHealthcare;
10. Intellectual Property Rights
10.1eHealthcare’s Intellectual Property Rights in the eHealthcare Services.
The eHealthcare Services, eHealthcare Materials, eHealthcare tradenames and trademarks, and any parts or elements thereof are solely and exclusively owned and operated by eHhealthcare and its third-party vendors and hosting partners, as the case may be. eHealthcare Materials are protected by copyright, patent, trade secrets, and trademark laws, international conventions and treaties, and all other relevant intellectual property and proprietary rights laws. eHealthcare, its affiliates and licensors retain all rights, title and interest on such tradenames, trademarks and any parts or elements. Your use of the eHealthcare Servicesand eHealthcare Materials, and any parts or elements does not grant to you any ownership right or intellectual property rights therein. Any commercial or promotional distribution, publishing or exploitation of the eHealthcare Materials is strictly prohibited unless you have received the express prior written permission from eHealthcare or the otherwise applicable rights holder. eHealthcare reserves all rights to the eHealthcare Services, eHealthcare Materialsand eHealthcare trade names andtrademarks not expressly granted in the Terms.
10.2. Content Owned by eHealthcare. Subject to these Terms and the payment of the applicable service Fee, eHealthcare grants User and its authorized Sub-Users a non-exclusive, non-transferable, non-sub-licensable license to download a single copy of any part of the Content solely for your personal, non-commercial use if you retain all copyright and proprietary notices that are contained in such part of the Content. You expressly acknowledge that you do not acquire any ownership rights by downloading any copyrighted material from or through the Platform or the eHealthcare Services. You shall not copy, distribute or publish any Content or any information obtained or derived therefrom except as permitted on or through the eHealthcare Servicesor as otherwise permitted by applicable law.
10.3. Use of User Data.
a. eHealthcare may use User Data in an aggregated and anonymized format for research, educational and other similar purposes. eHealthcare may not otherwise use or display any User Data without the User’s written consent. eHealthcare respects your right to exclusive ownership of your User Data. Unless specifically permitted by you, your use of the eHealthcare Services does not grant it the license to use, reproduce, adapt, modify, publish or distribute the User Data created by you or stored in your Account. User expressly grants eHealthcare the right to use and analyze aggregate system activity data associated with use of the eHealthcare Services for the purposes of optimizing, improving or enhancing the way the eHealthcare Services operate, and to create new features and functionality in connection with the eHealthcare Services.
b. All Users are solely responsible for the User Data in their Account and the consequences of posting or publishing them on or through the eHealthcare Services. In connection with User Data stored or uploaded to eHealthcare Services, you, as User, represents, and warrants that the User either owns its User Data or has the necessary licenses, rights, consents, and permissions to use and authorize the eHealthcare to display or otherwise use the User Data entered into the eHealthcare Services, and that your use of the User Data does not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) violate any applicable law or regulation anywhere in the world; or (c) require obtaining a license from or paying any fees and/or royalties by eHealthcare to any third party for the performance of any eHealthcare Services.
10.4. Feedback. If a User or Sub-User provideseHealthcare with any comments, bug reports, feedback, or modifications for the eHealthcare Services (“Feedback”), eHealthcare shall have the right to use such Feedback at its discretion, including, but not limited to the incorporation of such suggested changes into the eHealthcare Services. The User or Sub-User (as applicable) hereby grants eHealthcare a perpetual, irrevocable, nonexclusive, royalty free license under all rights necessary to incorporate, publish, reproduce, distribute, modify, adapt, prepare derivative works of, publicly display, publicly perform, exploit and use your Feedback for any purpose.
11. Third-Party Sites, Products and Services
The eHealthcare Services may include links to other websites or services (“Linked Sites”) solely as a convenience to Users. eHealthcare does not endorse any such Linked Sites nor guarantee the accuracy, security or reliability of any information, material, products, or services contained or accessible therein. Furthermore, eHealthcare makes no validation and express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through Linked Sites. ACCESS AND USE OF LINKED SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON LINKED SITES OR AVAILABLE THROUGH LINKED SITES, IS SOLELY AT YOUR OWN RISK. YOU FURTHER AGREE THAT EHEALTHCARE IS NOT RESPONSIBLE FOR ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY, ESPECIALLY FOR DAMAGES OR LOSS THAT MAY RESULT THEREFROM, IF ANY.
12. Disclaimers; No Warranty
YOU ACKNOWLEDGE THAT YOUR USE OF ALL SERVICES IS AT YOUR SOLE RISK. UNLESS OTHERWISE EXPRESSLY STATED BY EHEALTHCARE, THE EHEALTHCARE SERVICES, EHEALTHCARE MATERIAL, AND ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE EHEALTHCARE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, EHEALTHCARE AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO:
a. IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, CORRECTNESS, ACCURACY, AND RELIABILITY;
b. UNINTERRUPTED OR ERROR-FREE SERVICES, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
c. ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PLATFORM, THE EHEALTHCARE SERVICES, EHEALTHCARE MATERIAL OR ANY LINKED SITES, IN TERMS OF CORRECTNESS, ADEQUACY, ACCURACY, RELIABILITY, TIMELINESS OR OTHERWISE.
YOU ACKNOWLEDGE AND AGREE THAT EHEALTHCARE IS NOT RESPONSIBLE FOR ANY PRINTING, TYPOGRAPHICAL OR TECHNOLOGICAL ERRORS; ELECTRONIC, HUMAN, EQUIPMENT PROGRAMMING OR OTHER ERROR, OMISSION, INTERRUPTION, DEFECT OR DELAY WHICH MAY OCCUR THRU THE USER’S USE OF EHEALTHCARE SERVICES; INCORRECT, INACCURATE, LATE, LOST, STOLEN, ILLEGIBLE, INCOMPLETE OR MISDIRECTED MATTERS OR INFORMATION REGARDLESS OF THE MATTER, MEDIA, INFORMATION OR FORM THEREOF, TECHNICAL FAILURES OF ANY KIND, INADVERTENT LOSS OF INFORMATION; OR UNAUTHORIZED HUMAN INTERVENTION IN ANY PART, MATERIAL OR PROCESS OR OTHERWISE.
13. Indemnification
User/Sub-user agrees to defend, indemnify and hold harmless eHealthcare and its affiliates, and their respective directors, officers, employees and agents, from any claims, losses, damages, liabilities, including attorney’s fees of any kind whatsoever, arising, directly or indirectly out of your use or misuse of the eHealthcare Services. eHealthcare reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify eHealthcare, and you agree to cooperate with such defense of these claims.
14. Force Majeure
eHealthcare shall not be liable for any damage, claims, liabilities, losses, costs and expenses arising out of the delay, error, or interruption of its performance of any obligations due to any act of God, act of governmental authority, act of public enemy, war, riot, flood, civil commotion, insurrection, severe weather conditions or any other cause beyond eHealthcare's reasonable control.
15. Limitation of Liability
15.1. No Liability: eHealthcare shall not be liable to the User or Sub-User for any consequences resulting from:
a) any modifications in this Agreement, calculation and rates of Fees, the eHealthcare Services, eHealthcare Material, or any part or element thereof (including but not limited to Account), including any error, permanent or temporary interruption, discontinuance, suspension or other type of unavailability of the eHealthcare Services or eHealthcare Material;
b) deletion of, corruption of, or failure to store any User Data;
c) use of User Data by the User or Sub-Users associated with the Account;
d) upgrading or downgrading the current Plan;
e) any disclosure, loss or unauthorized use of the login credentials of User or any authorized Sub-User due to the negligence or fault of the User or Sub-User;
f) the User or Sub-User’s use of the Account or the eHealthcare Services by means of browsers other than those accepted or supported by eHealthcare;
g) the differences between technologies and platforms used for access, for example, if certain features, functions, parts or elements of the eHealthcare Services are designed for use on a personal computer or laptop and do not function on a mobile platform or a tablet;
h) eHealthcare’s application of the remedies described in these Terms, even if the reasonable grounds or legal basis for the application of these remedies turned out to be unfounded or invalid afterwards.
i) In addition, eHealthcare shall not be liable for any claim by any person, whether natural or juridical, including third parties, arising out of the User or Sub-User’s failure to:
i. provide Ehealthcare with accurate information about the User or Sub-Users of the Account;
ii. notify Ehealthcare of any reasons due to which a User or Sub-User does not have the right to use the Account;
iii. provide any Products which it has agreed to provide to any person (whether such failure arises as a result of Ehealthcare’s negligence or otherwise);
iv. ensure the lawfulness of the User Data;
v. obtain the necessary rights to use the User Data.,
vi. obtain the necessary consent for the collection and processing of personal information of a third party, such as a patient;
vii. process the personal information of a third party for a legitimate ground;
viii. comply with all requirements on security and remedial controls, as mandated by applicable security and privacy laws; or
ix. abide by any of the restrictions described in this Agreement.
15.2. Limitation of Liability. As previously mentioned, your use of eHealthcare Services will be at your own risk. Under no circumstance shall eHealthcare be liable for any claim relating to any loss or damage that you might directly or indirectly suffer (including, without limitation, incidental, special, consequential, or moral damages, loss of profits, and damages resulting from lost data or business interruption) as a result of your use, inability to use, delay in or interruption of your use of eHealthcare Services irrespective of the cause of that inability, delay or interruption, any corruption of any data that is transmitted by any method whatsoever, your reliance upon any information presented in any intentional or unintentional disclosure or publication of any information transmitted to you, or any other act, omission, matter or thing whatsoever having to do with eHealthcare Services. In circumstances where the foregoing limitation is finally determined to be unavailable, you acknowledge and agree that eHealthcare’s aggregate liability to you for any damages, losses, fees, charges, expenses or liabilities shall not exceed the equivalent amount of the User’s one (1) month Fee for the use of eHealthcare Services. The foregoing limitation will apply whether an action is in contract or tort and regardless of the theory of liability.
15.3. Exclusion of Consequential and Related Damages. IN NO EVENT WILL EHEALTHCARE OR ITS AFFILIATES HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS FOR ANY LOST PROFITS, REVENUES, GOODWILL, OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER, BUSINESS INTERRUPTION OR PUNITIVE DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A PARTY OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
16. Termination of this Agreement
16.1. For Convenience. These Terms may be terminated for convenience upon written notice to the other party as indicated in the “Notice” Section below:
a) by the User at any time by clicking the appropriate link on the Web Site, when logged in the Account, or if the User is paying for the Service with a PayPal account, by revoking the billing agreement on its PayPal profile;
b) by eHealthcare upon decision to end provision of the eHealthcare Services and to close the Platform; or
c) immediately by either party, if proceedings are initiated for the other party’s liquidation or insolvency or a negotiated settlement with the other party’s creditors is concluded or an assignment is made on behalf of the other party for the benefit of creditors.
16.2. For Default. This Agreement, and consequently, the use of eHealthcare Servicesmay be terminated for default upon written notice to the other party as indicated in the “Notice” Section below:
a) by either party in case of breach of this Agreement by the other party, if the breach has not been cured within 30 days of receipt of a notice from the non-breaching party; or
b) immediately by either party if the other party breaches its obligations under this Agreement.
16.3. Effect of Termination. Upon termination of this Agreement:
a) eHealthcare shall deactivate and permanently delete the Account, as soon as reasonably practicable after the effective date of termination of this Agreement. If the User has specifically requested for an earlier deletion of the Account, eHealthcare shall fulfill such request within one (1) month of its receipt of such request.
b) User, and its Sub-Users, must:
i. stop using and prevent the further usage of the eHealthcare Services, including, without limitation, the Platform;
ii. pay any amounts owed to eHealthcare under this Agreement; and
iii. discharge or fully settle any liability incurred by the User under this Agreement prior to their termination.
16.4. Remedies. If eHealthcare terminates this Agreement as a result of an uncured breach by a User or Sub-User, eHealthcare is entitled to use the same or similar remedies against any other persons who use the eHealthcare Services in conflict with this Agreement. Notwithstanding the foregoing, eHealthcare may also apply any other remedies available to it under the applicable law.
If eHealthcare has reasonable grounds to believe that the continued use by User or Sub-User of the eHealthcare Services, including the Account, may harm any third persons, eHealthcare has the right to take adequate measures under its control to prevent, stop and eliminate the harm, where possible, in order to protect those third persons.
17. Dispute Resolution
17.1. Governing Law and Jurisdiction. Any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach, termination or invalidity thereof shall be settled in accordance with the laws of the United States of America.
18. General Provisions
18.1. Relationship of the Parties. The parties will act solely as independent contractors. This Agreement shall not be construed as creating an agency, partnership, joint venture, fiduciary duty, or any other form of legal association between the User, Sub-User and eHealthcare, and the User or Sub-User shall not represent to the contrary, whether expressly, by implication, appearance or otherwise.
18.2. Severability. If any provision of this Agreement is declared illegal or unenforceable, its invalidity shall not affect the other provisions of this Agreement that can be given effect without the invalid provision. If any provision of this Agreement does not comply with any Law, such provision to the extent possible shall be interpreted in such a manner to comply with such Law, or if such interpretation is not possible, it shall be deemed to satisfy the minimum requirements thereof.
18.3. Assignment. Users or Sub-Users may not, directly or indirectly, in whole or in part, by operation of law or otherwise, assign or transfer this Agreement or delegate any of its rights and/or obligations under this Agreement without eHealthcare’s prior written consent. Any attempted assignment, transfer or delegation without such prior written consent will be void and unenforceable.
18.4. No Waiver. Failure of either Party to exercise or enforce any provision of or any of its rights under this Agreement shall not be deemed a waiver of future enforcement of that or any other provision or right.
18.5. Notices. Except as otherwise specified in this Agreement, all notices related to this Agreement shall be effective: (a) as to the User or Sub-User, by appropriate electronic mail to its registered e-mail address, or thru posting of the same in the eHealthcare Servicesor the Account; and (b) as to eHealthcare, by electronic mail at the following e-mail address: ____________ or thru registered mail at its address indicated above.
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