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MOCA Health Website Terms and Conditions of Use

The website www.mocahealth.com (“website”) is owned, hosted and maintained by MOCA Healthcare Certifications India (“MOCA”). All the content provided on the website is general medical content for informational purpose only (“content”).

The following terms and conditions (the “T&C”) govern the use of this website and any content made available from or through this website, including any subdomains thereof (the “website”). The website is made available by MOCA Health Certifications India (“MOCA” or “we” or “us” or “ourselves”).

By accessing this website, the user (“user/ users”) warrants that the user has fully read and understood these T&C and agrees to be legally bound by these terms and acknowledges unconditional acceptance without limitation or qualification of these T&C, which shall take effect immediately on the first use of our website by the user and shall form contract between the user and MOCA. If the user does not agree to be legally bound by these T&C,the user may not access and/or otherwise use our website.Further, the user warrants that the user has accepted these T&C without any impairment in judgment resulting from (but not limited to) mental illness, mental handicap, intoxication, medication, or any other health or other problem that could impair the user’s judgment.Without limiting the above, if the user subscribed without specifically accepting the T&C, the user shall be bound by these T&C nevertheless.

We may change these terms time to time or at any time without notice to the user, by posting changes on the website. The user may review these terms regularly to ensure that the user is aware of any changes made by us. The continued use of our website by the user, after changes are posted means that the user agrees to be legally bound by these terms as updated and/or amended. All the content provided on the website is general medical content for informational purpose only (“content”). In the case of any violation of these T&C or any additional terms posted on website, we reserve the right to seek all remedies available by law and in equity for such violations.

It is clarified that "party" and "parties" refers to both the user and ourselves, or either the user or ourselves. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

General:

The website is owned and operated by us/ MOCA, including any page, part or element thereof developed for the users. When the user accesses any of the sub-sites (whether belonging to an associate of MOCA or otherwise) through this website, then such sub-sites may have its own terms and conditions, which are specific to such sub-sites.

We do not guarantee that the website, or any content on it, will always be available or be uninterrupted. Access to the website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the website without notice. We will not be liable to the user if for any reason the website is unavailable at any time or for any period.

The user is responsible for making all arrangements necessary for the user to access the website (including, having access to an internet connection and an appropriate browser).

The user is also responsible for ensuring that all persons who access our website through the user’s internet connection are aware of these T&C and other applicable terms and conditions, and that they comply with them.

In the course of the use of the website and the content made available on or through the website, the user may be asked to provide certain personalized information to us (such information referred to hereinafter as “user information”). MOCA’s information collection and use policies with respect to the privacy of such user information are set forth in the MOCA’s Privacy Policy which is incorporated herein by reference for all purposes. The user acknowledges and agrees that the user is solely responsible for the accuracy and content of such user information.

Eligibility:

The user must be above 18 years of age and must be a citizen of India.

The user should be of sound mind and should have a firm contractual capacity.

The user shall not have more than one active account on the website.

As a part of the registration process the user agrees to provide current, complete and accurate user information and keep it updated, complete and accurate. If we have reasonable grounds to suspect that such user information is untrue, inaccurate, outdated or incomplete, then we retain the right to indefinitely suspend or terminate the registration and refuse to provide access to the website.

The user shall be responsible for maintaining the confidentiality of his/her/its user ID and password created at the time of registration and the user shall be fully responsible for all the activities that occur under his/ her/ it account.

The user shall immediately inform us in case of unauthorized use of his/ her/ its account or any other breach of security and will ensure his/ her/ its exit from his/ her/ its account at the end of each session. We shall not be responsible for any loss or damage arising from the user’s failure of proper exit.

We reserve the right to deny access and/ or use of this website to any user who does not comply with these requirements or who otherwise uses this website in a manner that we deem inappropriate.

We reserve the right to refuse access to use the website to new users or to terminate access granted to existing users at any time without according any reasons for doing so.

Usage:

The user may not copy, reproduce, republish, download, make available to the public, or otherwise use our website and/ or content in any way except for the user’s own personal, non-commercial use. The user also agrees not to adapt, alter or create a derivative work from any our website and/ or content except for the user’s own personal, non-commercial use. Any other use of our website and/ or content requires the prior written permission of us.

The user agrees to use our website only for lawful purposes and in a way that does not infringe the rights of, restrict or inhibit anyone else's use of our website.

It is important to remember that comments submitted to a forum may be recorded and stored in multiple places, both on our website and elsewhere on the Internet, which are likely to be accessible for a long time and the user has no control over who will read them eventually. It is therefore important that the user is careful and selective about the personal information that the user may disclose about himself/ herself/ itself and others, and in particular, the user should not disclose sensitive, proprietary or confidential information in his/ her/ its comments to our public forums.

Access to the website and content may not be legal by certain persons or in certain states or countries. If any user accesses the website from outside India, the user does so at his/ her/ its own risk and is responsible for compliance with the jurisdiction of India. Provisions relating to the liability of MOCA and its licensors survive the expiration or termination of these T&C for any reason whatsoever. Wemake no claim that the content of the website, such as text, graphics, images and information obtained from service providers and any other material contained on the website is appropriate or may be downloaded in a particular jurisdiction.

Any commercial or promotional distribution, publishing or exploitation of the website, or any content, code, data or materials on the website, is strictly prohibited. Other than as expressly allowed herein, the user may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on or available through the website. The user further agrees that he/ she/ it may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose, any of the content, code, data, or other materials on or available through the website, including, without limitation, the alteration or removal of any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary rights notices. The user acknowledges that he/ she/ it does not acquire any ownership rights by downloading any copyrighted material from or through the website. If the user makes other use of the website, or the content, code, data or materials thereon or available through the website, except as otherwise provided above, the user may violate copyright and other laws of India, other countries, as well as applicable laws and may be subject to liability for such unauthorized use.

Content:

The content of the website, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment or recommendations of any kind. The user should always seek the advice of qualified heath care professionals with any questions or concerns the user may have regarding his/ her/ it individual needs and any medical conditions. None of website or its content or MOCA or service providers recommend or endorse any specific tests, physicians, products, procedures, opinions or other information that may be included on the website. Reliance on any information appearing on the website, whether provided by MOCA, its content providers, visitors to the website or others, is solely at the user’s own risk.

We are not a medical or health-care provider and the use of our website and content does not create a doctor-patient relationship between the user and MOCA. The user agrees to be solely responsible for his/ her/ its use of our website and content and for determining the suitability of, and the results obtained from, any professional the user may consult. It is strongly stated that the user should never disregard the medical advice of the user’s physician or health-care professional, or delay in seeking such advice, because of something the user may read on our website.

The user may be able to link from the website to third party sites and third party sites may link to the site (“linked sites”). The user acknowledges and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through linked sites, even if they are owned or run by affiliates of ours. Links to linked sites do not constitute an endorsement or sponsorship by us of such sites or the information, content, products, services, advertising, code or other materials presented on or through such sites. The inclusion of any link to such sites on our website does not imply MOCA’s endorsement, sponsorship, or recommendation of that site.

MOCA disclaims any liability for links (1) from another site to this website and (2) to another site from this website. We cannot guarantee the standards of any site to which links are provided on this website, nor will be held responsible for the contents of such sites, or any subsequent links. We do not represent or warrant that the contents of any third party site is accurate, compliant with applicable law, or compliant with copyright or other intellectual property laws. Also, we are not responsible for or any form of transmission received from any linked site. Any reliance on the contents of a third party site is done at the user’s own risk and the user assumes all responsibilities and consequences resulting from such reliance.

No Liability:

The user expressly acknowledges and agrees that MOCA, its licensors, suppliers and business partners are not responsible for the results of the user’s decisions resulting from the use of this website or the information contained herein, including but not limited to, the user choosing to seek or not to seek professional medical care, or the user choosing or not choosing specific treatment based on the information on or accessed through this website.

The content and other information on this website is provided on an "as is" basis. To the fullest extent permitted by law, MOCA:

(i) excludes all representations and warranties relating to this website and its content or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the MOCA’s literature; and (ii) excludes all liability for damages arising out of or in connection with the user’s use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or the user have advised MOCA of the possibility of such potential loss), damage caused to the user in any manner whatsoever including but not limited to the user’s computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.

The use of this website is entirely at the user’s own risk, and in no event shall MOCA be liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or any other monetary or other damages, fees, fines, penalties, or liabilities arising out of or relating in any way to this website, or sites accessed through this website, and/or content or information provided herein. The user’s sole and exclusive remedy for dissatisfaction with the website is to stop using the website.

Indemnity:

The user agree to indemnify, defend and hold harmless MOCA from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by MOCA that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by the user pursuant to these terms.

The user agrees that the user is solely responsible for anything he/ she/ it may post such as any information, content, user information, personal or sensitive data as a doctor or a patient or any sort of query, response, information, etc. on the website and that the useragrees to defend, indemnify, and hold MOCA, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from the user’s violation of these T&C or any claims based upon the user’s posts/submissions on the website.

Intellectual Property Rights:

The trademarks, logos and service marks or any other right associated with intellectual property displayed on the website shall be the property of MOCA or their vendors or respective third parties. The user is not permitted to use the same.

Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, MOCA owns all Intellectual Property Rights to and into the trademarks "MOCA Health", and the website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions, goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. The user acknowledges and agrees that he/ she/ it shall not use, reproduce or distribute any content from the website belonging to MOCA.

Conforming to Patients’ Rights and Confidentiality

Users registered as patients may put their personal and medical information only if they want to share it with other users of the website. Users registering as doctors will maintain the confidentiality of the users registered as patients. Users registered as doctors/ centres may not share any personal or medical information of the user registered as patient with any other registered or non-registered user of the website without the prior consent of the patient. Any user is not supposed to do any act that goes against or denies patients’ rights and confidentiality.

Furthermore, by submitting user information or other information on the website, the user warrants that the user has the right to make it available to us for all the purposes specified above; it is not defamatory; it does not infringe any law or third party rights; that it has not been copied from any third party and the user will be required to reimburse us in respect of all legal fees, damages and other expenses that we may incur as a result of the user’s breach of the above warranty.

We have the right to disclose the user’s identity to any third party who is claiming that any content posted or uploaded by the user to our site constitutes a violation of their intellectual property rights, or of their right to privacy or any other rights under the applicable law. We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by any other user on our website. Termination:

We may suspend or terminate the user from the use of the website at our sole and absolute discretion. Notwithstanding the foregoing sub-section above, these T&C will survive indefinitely unless and until we choose to terminate them.

If the user or MOCA terminates the user’s use of the website, MOCA may delete or retain as per the applicable data retention laws, any content or other materials relating to the user’s use of the website and MOCA will have no liability to the user or any third party for doing so.

Jurisdiction:

The user expressly agrees that in case any dispute arising out of the his/ her/ its use of the website or content, the user shall move for arbitration having exclusive jurisdiction of laws of India. Also, the exclusive jurisdiction in respect of any other legal dispute or matter arising out of any medical advice or for any doctor/ professional, or in any way relating to the user’s use of the website, resides in the courts of India and the user further agrees and expressly consents to the exercise of personal jurisdiction in the courts of the New Delhi, India in connection with any such dispute including any claim involving MOCA or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.

Applicable Law:

These T&C are governed by the internal substantive Indian laws of the land, without respect to its conflict of laws principles. If any provision of these T&C is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these T&C, which shall remain in full force and effect. No waiver of any of these T&C shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Entire Agreement:

These T&C constitute the entire agreement between the parties and supersedes all other terms and conditions and/ or agreements relating to the subject matter, and set out the complete legal relationship between MOCA and any other party arising from or connected with the subject matter. For the voidance of doubt, in the case of any conflict between these T&C, and any other agreement, these T&C shall apply.

Severability:

If any part of these T&C is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the T&C shall continue in effect.

Electronic Record:

This document is an electronic record in terms of Information Technology Act, 2000 and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

Viruses:

We do not guarantee that the website will be secure or free from bugs or viruses and the users should use their own virus protection software. The user must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. The user must not attempt to gain unauthorized access to our website, the server on which our website is stored or any server, computer or database connected to our website.