नियम र शर्तहरु

Medisurge Technologies User/Member Terms and Conditions

Welcome to www.tdolabs.com , the website that is a platform for online health, wellness & fitness awareness and communications, networking for medical fraternity, e-commerce, medical advice and professional advice services and other healthcare services. TDO LABS is a sub-brand of TDO that stands for TopDoctorsOnline.

TDO is a consumer-facing digital brand owned and managed by Medisurge Technologies Pvt. Ltd. and all its current and future subsidiary companies globally, collectively called as “Medisurge Technologies”.

Medisurge Technologies Private Limited, a company incorporated in India under the Companies Act, 1956 having its registered office at 65, Triveni, Apartments, West Enclave, Pitampura, New Delhi, India and corporate office at F12, Sej Plaza, Marve Road, Malad West, Mumbai 400064, Maharastra, India

Telenet Private Limited herein referred to as “Telenet”, a company Registered with Laws of Nepal and having its office in 5th Floor, Lucky Tower, Tripureshwor, Kathmandu, Nepal. Telenet has licensed the digital healthcare service, platform, technology, content and the brand, TDO LABS from Medisurge Technologies which includes but not limited to content, technology, processes and brand.

Medisurge owns TDO LABS along with its content, technology platform, brand and services, and Telenet serves as a local partner for launch and local management of the service in Nepal region.

Medisurge & Telenet herein referred jointly as Medisurge & its Partner

The specific features and functionality of the Site are to be determined solely by Medisurge & its Partners and are subject to change or termination without notice.

YOU AGREE THAT BY USING THIS SERVICE YOU ARE 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 a user of TDOLabs.com services (“you” or ‘User’ or “Member”) and Medisurge & Partners. By clicking the “Yes” button and then the “Continue” button to submit the Member registration form, a binding agreement will be executed between you and Medisurge & Partners. The Member should therefore read this Agreement carefully. If, however, you (the Member) do not agree to be bound by this Agreement, click the “No” button. In such case you will not be able to register as a Member at TDOLabs.com.

By registering as a Member and agreeing to the terms and conditions of this Agreement, you also are agreeing to the terms of the Medisurge Technologies Privacy Policy, which is incorporated into this Agreement.

Definition of Service

TDOLabs.com provides a platform where Members can locate an Expert and ask for advice, opinion or services. Medisurge & its Partners will enable a Member to communicate with Experts and to pay for services provided by such Experts. The information on this Website is given via including but not limited to video consult, live chat, emails, phone support and is provided for general informational purposes only and SHOULD NOT be relied upon as a substitute for sound professional medical advice, evaluation or care from your physician or other qualified healthcare provider. Further Medisurge & Partners, emphasizes on the facts that online medical opinion or advice cannot replace the physical examination by a physician, medical professional or healthcare expert, and cannot address any emergency medical condition. Medisurge Technologies and its Partners makes no representation or warranty whatsoever as to (a) the willingness or ability of any Expert to give advice, (b) whether the Member shall find the advice given by an Expert satisfactory, (c) whether the advice of the Expert will provide an adequate solution to his or her question, or (d) whether the Expert advice will otherwise be suitable to his or her needs. Medisurge Technologies may or may not verify the skills, degrees, qualifications, credentials or background of all the Experts. Therefore, Member is encouraged to independently verify the skills, degrees, qualifications, credentials and background of those Experts from whom he or she receives or contemplates to receive advice or services. The Member SHALL NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING THE MEMBER HAS READ ON THIS WEBSITE (including but not limited to video consult, live chat, emails, phone support). No medications, diet supplements or treatments as may be described on this Website shall be taken or begun without first consulting the Member’s physician or other healthcare provider.

Medisurge & its Partners does not refer, endorse, recommend, verify, evaluate or guarantee any advice, information, or other services provided by Experts, and nothing shall be considered as a referral, endorsement, recommendation or guarantee of any Expert. Medisurge & its Partners does not warrant the validity, accuracy, completeness, safety, legality, quality, or applicability of the content or anything said or written by its Experts or any advice provided, including any information contained in any Expert listing. Medisurge & its Partners will not be liable for any damages sustained due to reliance by Member on such information or advice provided by any Expert.

NO DOCTOR-PATIENT RELATIONSHIP. TDO LABS doesn’t replace your relationship with physician or healthcare provider. The information interpreted (not limited to content of the site and information derived from online consultations) should Not be relied upon as a substitute for sound professional medical advice, evaluation or care from your physician or other qualified healthcare provider. This information should be put to be use only after consulting your physician or other healthcare provider.

Interactions with Medical or Mental Health Professionals and other Experts

If a Member chooses to interact with ANY mental OR MEDICAL health professional, physician, or other professional expert on the Site, the Member relationship (as with all other Experts) is strictly with the professional. Medisurge & its Partners is not involved in any way with the substance of that relationship or the advice or information given therein, AND DOES NOT VALIDATE THE INFORMATION OR ADVICE PROVIDED TO YOU BY SUCH EXPERT.

The advice or information provided by professional experts is provided for informational purposes only and cannot be considered a substitute for professional advice. Without limiting the previous statement, advice or information provided by medical health professionals or physicians is provided for informational purposes only and cannot be considered a substitute for a face-to-face physical examination of the Member by a doctor. Users/Members should not rely solely on advice provided by medical health professionals or physician Experts on the site. Medisurge Technologies strongly recommends that a Member seeking mental health or medical advice make an appointment for an examination in person with qualified professionals.

Medisurge & its Partners does not endorse or recommend any mental health professional, medical professional, physician or other professional or Expert on the Site. Member understands that it is his or her responsibility to check the certification and/or licensing of the mental health professional, physician or other professional Expert with the applicable state licensing Board or authorities in the expert’s state or country.

Member acknowledges no Experts are employees or agents or consultants of Medisurge Technologies and Medisurge Technologies assumes no responsibility for any act or omission of any such Expert. Member understands and agrees that, although a mental or medical health professional, physician or other professional Expert may have been accessed through the Site, Medisurge Technologies cannot predict or assess the competence of, or appropriateness for Member's needs, of the professional or other Expert. Member also understands that Member takes full responsibility for the decision to access a mental health professional, physician or other Expert through the Site and to continue to interact with the medical or mental health professional, physician or other Expert, and that the role of Medisurge & its Partners is strictly limited to providing access to such professionals and other Experts and their services for Member's consideration.

Member hereby releases and agrees to hold harmless Medisurge Technologies & its Partners, its directors, officers, employees, agents, successors, advisors, consultants, and assigns from any and all causes of action and claims of any nature resulting from the acts of medical or mental health professionals, physicians or any other Experts accessed through the Site.

IF YOU ARE THINKING ABOUT SUICIDE OR FEEL THAT YOU MAY BE A DANGER TO YOURSELF OR TO OTHERS, PLEASE IMMEDIATELY CALL THE RELEVANT EMERGENCY NUMBER IN YOUR COUNTRY AND NOTIFY THE POLICE OR EMERGENCY MEDICAL SERVICES.

Opinions of the medical or mental health professionals, physicians, attorneys and other Experts are solely their opinions, and not those of Medisurge Technologies. Medisurge & its Partners does not assume any liability or responsibility for the accuracy of the content on the Site, including the biographical information, qualifications, credentials or other data regarding the mental health professionals, physicians, attorneys or other Experts. Medisurge Technologies does not assume any liability or responsibility for damage or injury to persons or property arising from the use of any information or advice given by an Expert.

Member should independently verify the qualifications, experience and credentials of any Expert engaged by Member.

Content

The Content ("Copyright Content") is protected by copyright under both Central and State laws, and foreign laws. Title to the Copyright Content remains with Medisurge Technologies or its licensors. Any use of the Copyright Content not expressly permitted by these Terms and Conditions is a breach of the Terms and Conditions and may violate copyright, trademark, and other laws. Inquiries or applications for permission to copy any Copyright Content otherwise than is permitted by these Terms and Conditions should be directed to bizdev@topdoc.in. Content and features on the Site, including these Terms and Conditions are subject to change or termination without notice in the editorial discretion of Medisurge Technologies. All rights not expressly granted herein are reserved to Medisurge Technologies and its licensors. If you violate any of these Terms and Conditions, your permission to use the Copyright Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Copyright Content.

TDOLabs.com may contain content, including financial information, provided by third parties. Such content is provided for informational purposes only and is not intended for trade or investment purposes. Furthermore, TDOLabs.com operates bulletin boards pursuant to which Experts may answer questions regarding various topics. As noted above, Medisurge Technologies does not warrant the validity, accuracy, or availability of the content and Expert advice provided and it will not be liable for any damages sustained by User/Member due to reliance on such information or advice.

The information furnished by Experts is intended for general reference purpose only. The consultation with Experts via TDOLabs.com cannot and does not replace a meeting with a professional. Member is encouraged to verify the information furnished by Experts. Any information on TDOLabs.com and information furnished by Experts is not intended to offer a solution for a specific problem and must be considered as general in nature. ANY RELIANCE ON SUCH INFORMATION IS DONE AT THE USER’S / MEMBER'S FULL AND SOLE LIABILITY.

The Member understands/ agrees that Medisurge & its Partners makes no claim that the contents of the Site, such as text, graphics, images and information obtained from service providers and any other material contained on the Site (the "Content") is appropriate or may be downloaded in a particular jurisdiction (Nepal). Access to the Site and Content may not be legal by certain persons or in certain states or countries. If you access the Site from outside Nepal, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction (Nepal).. Provisions relating to the liability of Medisurge and its licensors, user submissions, Indemnity, Jurisdiction, and Complete Agreement, survive the expiration or termination of these Terms and Use for any reason whatsoever.

Informed Consent for Medisurge Services

As with any medical procedure, there are potential risks associated with Medisurge services. By using the Medisurge service, you agree to abide by the Terms and Conditions, Privacy policy and risks described below. These risks include, but may not be limited to:

While TDO LABS is an honest attempt to provide access to the best possible medical information to the patient, the Medical Experts will not be examining you physically. The Medical Expert may not have access to all or some of your medical history that might be critical to consult you. The Medical Expert will not have the benefit of information that would be obtained by examining you in person, observing your physical condition and by going through your medical records. This means that the service provided through TDO is different from the diagnostic and treatment services typically decided by a physician. Therefore, the physician may not be aware of facts or information that would affect his or her opinion of your diagnosis. To reduce the risk of this limitation, TDO LABS strongly encourages you to be in touch with an on-ground physician and share the TDO LABS opinion with him/her. By deciding to engage this service, you acknowledge and agree that you are aware of this limitation and agree to assume the entire risk of this limitation;

By requesting a medical opinion through TDO LABS, you acknowledge and agree that:

  • The advice/information/opinion on diagnosis you may receive could be limited and provisional;
  • The medical opinion is not intended to replace a face-to-face visit with a physician just yet and it replace an actual Doctor-patient relationship;
  • In case of a second opinion where there is a difference of opinion among our Medical Experts and your physician, you would bear the responsibility to decide the next step. We hope to help you in making the right decision but at the end it is only up to you to share our consultants’ opinion with your physician or to go for another physical exam (if needed) or to reach-out to TDO for offline consultation, or procedure, and/or treatment;
  • The physician is reliant on information provided by you and hence any information demonstrated to have been falsified will immediately render the opinion and all details therein null and void;

In some cases, the consultant may determine that the transmitted information is of inadequate quality and may ask for more information, without which he/she may refuse to answer the query;

In rare cases, the consultant may feel that the query may not be answerable without physically examining the patient and the consult may be refused forthwith;

In very rare instances, security protocols could fail, causing a breach of privacy of personal medical information;

Delays in medical evaluation and answers could occur due to deficiencies or failures of the service as per those mentioned in Terms of Use.

Disclaimer of Warranty and Limitation of Liability

USER/MEMBER ACKNOWLEDGES AND AGREES THAT THE TDOLABS.COM SERVICE IS PROVIDED “AS IS”, AND THEREFORE MEMBER WILL NOT HAVE ANY CLAIM OR DEMAND VIS-A-VIS MEDISURGE TECHNOLOGIES AND ITS PARTNERS AND SERVICE PROVIDERS IN RESPECT TO MEDISURGE TECHNOLOGIES’ EXPERTS, PROPERTIES, LIMITATIONS OR COMPATIBILITY WITH THE MEMBER'S NEEDS. THE USE OF TDOLABS.COM IS AT THE MEMBER'S SOLE RISK. TO THE FULLEST EXTENT OF THE LAW, MEDISURGE TECHNOLOGIES AND ITS PARTNERS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY.

MEDISURGE AND ITS PARTNERS EXPRESSLY DISCLAIMS ALL WARRANTIES FOR INFORMATION POSTED OR TRANSMITTED BY EXPERTS. IF A MEMBER DECIDES TO RELY ON INFORMATION PROVIDED BY AN EXPERT FOLLOWING THE USE OF TDOLABS.COM, MEMBER MUST EXERCISE A HIGH STANDARD OF CARE. THE MEMBER SHALL NOT HAVE ANY CLAIM OR DEMAND VIS-A-VIS MEDISURGE TECHNOLOGIES, ITS AFFILIATES, PARTNERS, SERVICE PROVIDERS, VENDORS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB- CONTRACTORS AND AGENTS IN RESPECT TO ANY SERVICE OR ADVICE MEMBER DECIDES TO RECEIVE AND/OR TO RELY ON. MEDISURGE TECHNOLOGIES WILL NOT BE DEEMED THE PROVIDER OR RECIPIENT OF ANY SERVICES OR INFORMATION ACQUIRED THROUGH TDOLABS.COM. THE PURCHASE OF SERVICES IS AFFECTED AT THE MEMBER'S SOLE RISK.

UNDER NO CIRCUMSTANCES WILL MEDISURGE TECHNOLOGIES, ITS AFFILIATES, PARTNERS, SERVICE PROVIDERS, VENDORS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS BE LIABLE TO ANY MEMBER 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 TORTIOUS ACTION, OR ARISING FROM THE SERVICES OR ANY PROVISION OF THIS AGREEMENT. MEDISURGE TECHNOLOGIES, ITS AFFILIATES, PARTNERS, SERVICE PROVIDERS, VENDORS, THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS’ AGGREGATE LIABILITY FOR DIRECT DAMAGES ARISING WITH RESPECT TO THIS AGREEMENT WILL NOT EXCEED THE TOTAL AMOUNT OF MONEY PAID BY MEMBER TO EXPERTS THROUGH TDOLABS.COM IN THE SIX MONTH PERIOD PRIOR TO THE DATE THE CLAIM AROSE. MEMBER ACKNOWLEDGES AND AGREES THAT MEDISURGE TECHNOLOGIES DISCLAIMS ANY LIABILITY WITH RESPECT TO ANY CLAIM, SUIT OR ACTION BROUGHT BY AN EXPERT IN CONNECTION WITH PAYMENT FOR SERVICES BY THE MEMBER AND MEMBER AGREES TO INDEMNIFY AND HOLD MEDISURGE TECHNOLOGIES HARMLESS IN CONNECTION WITH ANY SUCH CLAIM.

MEDISURGE TECHNOLOGIES WILL NOT BE LIABLE FOR ENFORCING ANY AGREEMENT THAT WAS MADE BETWEEN AN EXPERT AND A USER/MEMBER, INCLUDING A MEMBER FEE AGREEMENT. MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY AGREEMENT MADE WITH AN EXPERT.

IN THE EVENT OF A DISPUTE REGARDING ANY TRANSACTION CONDUCTED THROUGH TDOLABS.COM, THE MEMBER HEREBY RELIEVES MEDISURGE TECHNOLOGIES, ITS AFFILIATES, PARTNERS, SERVICE PROVIDERS, VENDORS, THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS 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 ATTORNEYS' FEES, WHICH MEMBER MAY HAVE AGAINST ONE OR MORE OF THE ABOVE.

User / Member Agreement

By submitting the User/Member registration form, you, the User/Member, represent, warrant and agree to the following:

You are at least 18 years of age or a legally organized entity, that he or she is authorized to represent the person who is submitting a Member registration, and that he or she is authorized to sign the registration form on his or her behalf and bind him or her;

The information furnished by you in the registration form is accurate, true and complete, and you will maintain and update such information during the term of this Agreement so that it will remain true, accurate, current and complete.

User’s/Member's Conduct:

You, the User/Member, will be solely and fully liable for all conduct, postings and transmissions that are made under your username, login id and password. You warrant and declare that while you are using TDOLabs.com you will act according to the following rules and agree to the following:

User/Member will have the sole responsibility to verify the Expert's identity, qualifications, credentials, biographic information, licenses held, and other information delivered to Member by an Expert;

In addition, Medisurge Technologies & its Partners cannot and will not make any effort to verify the identity, qualifications, credentials, biographic information and any of information regarding any of the Experts;

Medisurge & its Partners is not involved in any transactions between Member and Expert. Medisurge Technologies does not control the quality, relevance or accuracy of the advice, whether the Expert is qualified to provide the specific advice, whether the Expert is categorized correctly or in the most appropriate category to provide the advice sought by the Member, the accuracy of any postings on the Site or any transmissions through it by Members or Experts.;

User/Member agrees that any information or content that he or she posts or transmits or receives through TDOLabs.com will not be considered confidential. Member grants TDOLabs.com an unlimited, irrevocable, royalty-free license to use, reproduce, display, edit, copy, transmit, publicly perform, create derivative works, or communicate to the public any such information and content on a world-wide basis.

User/Member consents to TDOLabs.com collecting and processing any personal information, as per the terms of Medisurge Technologies’ Privacy Policy.

All interactions between Member and Expert will be billed through Medisurge Technologies & its Partners regardless if the interaction is online or offline. Member agrees to abide by the pricing terms agreed upon with an Expert while utilizing TDOLabs.com and to pay Medisurge Technologies for all services rendered to Member by Experts;

User/Member will not take any actions that may undermine, disrupt or manipulate the integrity of the Member feedback (rating) system on the Site. Currently only ratings for paid sessions will count towards the expert's public ratings and rating average. Medisurge Technologies may change the above-mentioned rating system at any time and without warning, and even remove old ratings posted for paid. Medisurge Technologies also reserves the right to exclude without explanation any rating that we think may compromise the integrity of the member feedback system.

User/Member will not to interfere with or disrupt the TDOLabs.com servers or networks connected to the Site; User/Member will not attempt to gain unauthorized access to other computer systems or networks connected to the Site, and will not transmit “junk mail”, “spam”, or any unsolicited mass distribution of email or bulletin board postings;

User/Member 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; User/Member will not disobey or breach this Agreement, or any other applicable instructions conveyed byMedisurge Technologies;

User/Member will not violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code;

User/Member will not upload, post, e-mail, transmit or otherwise make available: (A) any information or material that infringes upon a third party right, especially intellectual property rights; (B) any third party advertisements, including banner exchange services; (C) any 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;

Medisurge Technologies enables the transfer of files between Members and Experts. When opening such file attachments received from Experts it is the Member's responsibility to scan them with an anti-virus software application prior to opening them;

User/Member will not impersonate any person or entity, or make any false statement regarding his or her employment, agency or affiliation with any person or entity;

User/Member will not stalk, threaten or harass Experts or other Members or infringe upon or attempt to infringe upon their privacy; and;

Medisurge Technologies may review the Member's personal profile and amend any typing or spelling errors. Medisurge Technologies cannot and will not examine the validity or accuracy of the details in the Member's personal profile or in any of the Member's postings or transmissions. However, Medisurge Technologies may, in its absolute discretion, refuse to post, transmit or remove any content uploaded by the Member. Without derogating from the above, Medisurge Technologies may remove any content violating this Agreement. The Member will bear all the risks associated with the uploading and transmitting of material while utilizing TDOLabs.com, including reliance on its accuracy, reliability or legality.

User/Member and Medisurge Technologies Fees

Medisurge Technologies will use reasonable efforts to process the payments due from the User/Member according to the terms agreed upon between User/Member and an Expert within seven (7) working days from the execution date of each transaction.

User/Member is obligated to report to Medisurge Technologies in cases when he or she was billed directly by an Expert (i.e. not through Medisurge Technologies). Such report should include a description of the service that was rendered by the Expert and the price charged.

Time charges to User/Members are based on increments of a minute as measured on Medisurge Technologies’ servers. Charges to Users/Members are rounded up so that any part of a minute is considered a full minute of time charges. Medisurge Technologies’ billing system is not fault-free or flexible; therefore Medisurge Technologies shall not be liable for any problems, miscalculations or malfunctions in processing the payments owed by the Member.

The calendar as seen on the Website is based on Nepal Standard Time (N.P.T) If a Member is outside of the NPT time zone, it is that member’s responsibility, at the time of scheduling and at the time of attendance of their consultation, to accommodate for this difference. Medisurge will not refund or reschedule appointments based on an error made by the client regarding this issue.

Username / Login ID and Password

When you, the User/Member, create and open an account with TDOLabs.com, you will be asked to provide a mobile number and the same will be verified over OTP. The mobile number of a user will be considered as Login ID and OTP generated automatically will be the password. You are entirely responsible for maintaining the confidentiality of your password and username and any other security information related to your account. You will be fully responsible for all activities that occur under your account, username 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 Member's password, username, e-mail, or any other breach of security. 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.

Privacy

User/Member Information.

User/Member may have to furnish the information required for registration to TDOLabs.com. However, without that information Member will not be able to use the services of TDOLabs.com. Medisurge Technologies Pvt Ltd.. 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 TDOLabs.com, both Users/Members and Experts must first complete a registration form. During registration the Member is requested to furnish any one or more information such as mobile number, contact information, such as name and email address. This information may be used to contact the Member about the services on TDOLabs.com in which he or she has expressed interest and is also used as Member's login information. Member may be asked to provide additional personalized information (such as experience and qualifications, areas of interest, profession, education, etc.) and unique identifiers (such as a screen name), so Medisurge Technologies may provide a more personalized experience on the Site. In such case the Member may decide whether he or she wishes to provide such information or not.

The information furnished by the User/Member 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 Member may sustain due to unauthorized intrusion of the database. Member consents to Medisurge Technologies collecting and processing Member’s personal information for normal business use by Medisurge Technologies.

User/Member Communications.

Medisurge Technologies does not screen or edit the content of communications between Experts and Members, but Medisurge Technologies may copy, transmit and review communications conducted by or through TDOLabs.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 Boards (e.g. Q&A, Groups etc). Currently, chat communications between the Member and Medisurge Technologies’ servers are encrypted. Chat communications between the Expert and Medisurge Technologies’ servers are also encrypted, but only if the Expert is using the most current version of Medisurge Technologies’ software. Email, VOIP and phone communications are not encrypted and thus may be more susceptible to unauthorized monitoring.

Medisurge Technologies makes public bulletin boards available to its Users/Members. The Public Boards allow Members to post questions or service requests that can be viewed by all Experts. Chat and e-mail communications between Users/Members and Experts are stored on Medisurge Technologies servers for a certain amount of time and available for review by Experts and, if a paid session, by Users/Members.

Cookies.

Medisurge Technologies makes use of cookies to store information. A cookie is a piece of data stored on the Member's hard drive containing information about the Member. For instance, by accepting a cookie by TDOLabs.com, the Member will not have to enter his or her login information (his or her email and password) every time he or she logs into his or her account, thereby saving time while on TDOLabs.com. If the Member rejects the cookie, he or she may still use TDOLabs.com; however, the Member 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 the Member in order to enhance his or her experience on TDOLabs.com. Of course, if the Member shares his or her computer with others, others may be able, with certain browsers or under certain circumstances, to read the Member's communications with Experts and TDOLabs.com.

Medisurge Technologies’ Use of Data.

Medisurge Technologies uses IP addresses to analyze trends, administer the site, track a Member's movement, and gather broad demographic information for aggregate use. IP addresses are also linked to personally identifiable information in order to improve the Member's experience when using the Site. Medisurge Technologies may also retain any emails, letters, or other correspondence between the Member 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 Member, as well as information that it collects regarding use patterns and transactions that are conducted through TDOLabs.com, in order to improve TDOLabs.com, to analyze statistical information regarding TDOLabs.com, and to furnish such statistics to third parties, including advertisers. Information furnished to third parties will not identify the Member personally.

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

Ratings and testimonials provided by Members on TDOLabs.com are public and are identified by the Member's Screen Name. If the Member elects to use Medisurge Technologies’ referral service for informing a friend about the Site, Medisurge Technologies asks the Member for the friend's name and email address. Medisurge Technologies will automatically send the friend a one-time email inviting them to visit the Site. Medisurge Technologies stores this information for the sole purpose of sending this one-time email. The friend may contact Medisurge Technologies at bizdev@topdoc.in to request the removal of this information from its database.

Medisurge Technologies reserves the right to partner with another party to provide specific services. When the Member signs up for these services, Medisurge Technologies will 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 Member any prior notice, to any other subsidiary of Medisurge Technologies’ holding company, Medisurge Technologies’ subsidiaries and, in any 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 Member. In addition, Medisurge Technologies may disclose personally identifiable information to the Expert or to public authorities to deal with emergency situations or situations where the Member's safety may be in jeopardy.

Medisurge Technologies may, in its discretion, create co-branded web sites with its partners. In such case, the Member listings may appear in the co-branded site. Unless Member agrees otherwise, all personally identifiable information is stored solely by Medisurge Technologies. Medisurge Technologies does track and record an affiliate web site from which a visitor has linked to TDOLabs.com. If a visitor registers to become an Expert and/or a Member, Medisurge Technologies may track the partner website's name in order to further the relationships Medisurge Technologies has with its affiliates.

General.

If a User/Member wishes to update his or her personally identifiable information, such as a mailing address, or if a Member 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 Member's Medisurge Technologies account, or by emailing our Customer Support at bizdev@topdoc.in.

If the Member has any questions about Medisurge Technologies’ privacy statement, the practices of TDOLabs.com, or your dealings with Medisurge Technologies, please contact: bizdev@topdoc.in.

Links

TDOLabs.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. The Member 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. The Member 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 the Member to be aware when he or she leaves TDOLabs.com and to read the privacy statements of each and every web site that collects personally identifiable information.

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Medisurge Technologies may include in TDOLabs.com advertisements on its own behalf or paid advertisements on behalf of interested companies and/or individuals. By clicking on the advertisements, the Member may be shifted to a web site of the advertiser or receive other messages, information or offers from the advertiser.

The Member acknowledges and agrees that Medisurge Technologies and its partners are not liable for the privacy practices of advertisers or the content of their web sites, information, messages or offers. The Member is wholly liable for all communications with advertisers and for all transactions subsequently executed.

Modifications and Termination of TDOLabs.com

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

Medisurge Technologies’ services depend on various factors such as software, hardware and communications networks of Medisurge Technologies, its contractors and suppliers. Hence, Medisurge Technologies cannot guarantee that TDOLabs.com's service will be uninterrupted or that it will be timely, secure or error-free.

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

Intellectual Property

Medisurge Technologies is the sole owner of all the intellectual property, and in particular the copyright, trademarks, database and patents, in TDOLabs.com and in any software, application, graphics, text and other materials used therein, including the organization and selection of the materials contained therein.

TDOLabs.com contains copyrighted material, trade secrets and proprietary information owned by Medisurge Technologies. This Agreement does not grant the Member 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 TDOLabs.com. The Member may not create derivative software based upon any trade secret, intellectual property or proprietary information of Medisurge Technologies. Furthermore, the Member may not sub-license, assign, transfer, sell or make any other commercial use of his or her membership in TDOLabs.com.

The Member 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 TDOLabs.com, or take any other action that infringes upon or impairs Medisurge Technologies’ trademark rights.

Medisurge Technologies shall retain all ownership in and to TDOLabs.com and all content displayed on TDOLabs.com, including copies of data transferred or received by Member through 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 email: bizdev@topdoc.in

Supplementary Communication

Medisurge Technologies may send you newsletters and other information as an email or notifications or SMS regarding common medical and health-related topics or preventive care messages containing specific medical and health related information, links to other related websites and specific questions related to your Medisurge Technologies Record. Additionally, Medisurge Technologies makes available self-care informational services that provide general, medical and health information.

  • These communications and resources are not comprehensive medical text and do not include complete potential information pertaining to the subject matter. These are solely meant for general, educational and informational purposes and should not be relied upon as a substitute for patient-specific medical diagnosis and treatment or construed, directly or indirectly as the practice of medicine or dispensing of medical services by Medisurge Technologies.
  • The information contained in these communications and resources is compiled from a variety of sources and may or may not be authored by Medisurge Technologies. Medisurge Technologies makes no warranty with respect to the content of these materials or the information contained therein.

We are not responsible for anything outside of Medisurge Technologies. Now or in the future, the Content and Services may link you to other web sites or information, software, data, or other contents, on or off the Internet. These other sites or and contents are not Medisurge Technologies, and the information there is outside of our control. We do not control, endorse, or review the content of these sites, and we are not responsible for such content.

Limited License

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

Indemnification

Member shall indemnify, defend and hold harmless Medisurge Technologies and its Partners, Vendors / Service Providers, 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 Member according to this Agreement; (b) Member's refusal to pay for services provided by any Expert; or (c) any materials that Member had posted to TDOLabs.com or transmitted through it, and/or any content on Member's Web site or otherwise provided by Member.

Jurisdiction

This Agreement constitutes the entire understanding of the parties and is agreed to being entered into within the jurisdiction of Kathmandu, Nepal and shall be governed by laws of land (Nepal) and shall be construed in accordance with the laws of the Federal Democratic Republic of Nepal, without giving effect to any choice of law rules or principles.

Any dispute with Medisurge Technologies shall exclusively be subject to the jurisdiction of the appropriate Courts situated at Kathmandu, Nepal. No party shall object to removal or prosecution of any litigation to a state court within Kathmandu, Nepal.

Any cause of action or claim you may have with respect to Medisurge must be commenced within one (1) year after it arises, except to the extent such litigation is not enforceable.

To the fullest extent permitted by law, each party to this Terms of Use waives its or his or her right to a jury trial with respect to any dispute or other controversy arising from hereunder or your use of or access to the Medisurge Services or website.

Failure to exercise or delay in exercising any right hereunder, or failure to insist upon or enforce strict performance of any provision of this Terms of Use, shall not be considered waiver thereof, which can only be made by signed writing. No single waiver shall be considered a continuing or permanent waiver.

Notice

Any notice or other communication to be given hereunder will be in writing and 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

Member shall not assign his or her rights and obligations according to this Agreement, in whole or in part, whether voluntarily or by operation of law, without the prior, written consent of Medisurge Technologies and/or its Partner. Any purported assignment by Member 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 or any part hereof at any time according to its absolute discretion and without any prior notice. Therefore, Member is encouraged to check the terms of this Agreement frequently. By using the service or Site after the changes, Member agrees to be bound by such changes to this Agreement.

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 Nepal (excluding any rules governing choice of laws), and any legal proceeding arising out this Agreement will occur exclusively in the courts located in Kathmandu, Nepal. This Agreement will be binding 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 Member with respect to the subject matter hereof, and Member has not relied upon any promises or representations by Medisurge Technologies with respect to the subject matter except as set forth herein. TDOLabs.com services are not open to Members who live in a country that is prohibited by law, regulation, treaty or administrative act from entering into trade relations with the Nepal.

No amendment to this Agreement will be effective unless made 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.

Disclaimer

Medisurge Technologies and its Partners does not evaluate or guarantee the accuracy or success of any answers, advice or services given through the Site. The site and the services provided by Medisurge Technologies are provided "as is" with no warranty. Medisurge Technologies expressly disclaims any warranty, regarding the site and all services, including any implied warranty of merchant fitness for a particular purpose or for failure of performance. Medisurge Technologies does not warrant that the services provided by Medisurge Technologies or the site of the verification that services will be free from bias, defects, errors, eavesdropping or listening. Medisurge Technologies and its Partners shall not be responsible for the quality of information or the authentication of the services or details given by experts on the site. By using this site you accept the terms and conditions of this Disclaimer. You agree that any use you make of such answers, advice or services is at your own risk and that Medisurge Technologies and its Partners is not responsible for any damages or losses resulting from your reliance on such answers or advice. By submitting a question here, you understand and expressly agree that Medisurge Technologies and its Partners is not responsible for any reply or information that you do or do not receive, and you expressly agree to hold Medisurge Technologies harmless from any loss, harm, injury, or damage whatsoever resulting from or arising out of your submission of the question or your use of or reliance on any response thereto.