MOHO platform is a technology / services enabling platform by the company Medisurge Technologies Pvt. Ltd., a company incorporated under the Companies Act, 1956 with CIN No: U74900DL2009PTC189975 and 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.
MOHO throughs its multi-channel approach including its mobile application, website (www.moho.care), etc. is serving as digital / technology platform working online / offline to connect users with Yoga, fitness & health care services and service providers. The objective of the brand MOHO is to help, educate and support consumers to connect consumers with appropriate health, wellness and fitness services and service providers. MOHO serves as a technology facilitator/enabler of services provided by licensed and recognised healthcare service providers which may be individuals or a Company. These licensed service providers may include but not limited to Doctors, Pathology & Diagnostic Services, Chemists, Pharmaceutical companies, Hospitals, Nursing homes, Yoga & Fitness experts/teachers etc. MOHO.CARE, MOHO Labs etc. are all sub brands of MOHO collectively referred hereafter as “MOHO”
The terms MOHO throughout this agreement shall mean the brand as defined above and its digital destinations. All individuals or company, including but not limiting to employees, partners / vendors, service providers, consultants, contractors etc. working for MOHO shall be jointly referred herein as “MOHO Team/s” The terms MOHO & MOHO Team/s can be used interchangeably and shall mean and denote MOHO & It’s Team, Partners, Employee / Service Providers.
A “Customer” or “Member” or “User” is defined as any individual who has purchased. A member can also be a group who has taken the service from MOHO
This Agreement sets and contains all of the terms and conditions between a user of MOHO Brand of services ("you" or 'User' or "Member") and MOHO. By using the website/App and/or products of MOHO, a binding agreement will be executed between you and MOHO. The Member should therefore read this Agreement carefully. If, however, you (the Member) do not agree to be bound by this Agreement, refrain from visiting the website/App, App and/or buying/using any of the products and/or services of MOHO. In such case you will not be able to register as a Member at MOHO. By registering as a member and/or using the website/App and/or any products of MOHO, you are agreeing to the terms and conditions of this Agreement.
YOU AS A CUSTOMER / MEMBER / USER AGREE THAT BY USING ANY OF THE SERVICE OF MOHO YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.
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.
MOHO provides a technology platform for health, wellness and fitness services which include but not limited to:
- Content in the form of text, audio, video, animation etc. in the form of articles, slide shows , videos etc.
- Online classes and interactive sessions with Doctors, Specialists, health experts, fitness instructors, trainers etc.
- Online consultation, query resolution and telemedicine services from Doctors, Specialists, health experts, fitness instructors, trainers etc.
- E-Commerce services for Delivery of healthcare / other services from licensed service providers such as pathology & diagnostic labs, products and other service providers etc.
LIMITED LICENSE: MOHO grants Member a non-exclusive, revocable right to use the website/App 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.
TERMS & CONDITIONS FOR USER
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 MOHO you will act according to the following rules and agree to the following:
- User/Member will have the equal responsibility to verify the Expert's identity, qualifications, credentials, biographic information, licenses held, and other information delivered to Member by an Expert
- MOHO is not involved in any transactions / communication between Member and Expert. MOHO 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 website/App or any transmissions through it by Members or Experts.
- All interactions between Member and Expert will be billed through MOHO regardless if the interaction is online or offline. Member agrees to abide by the pricing terms agreed upon with an Expert while utilizing MOHO and to pay MOHO 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 website/App. MOHO may change the above-mentioned rating system at any time and without warning, and even remove old ratings posted for paid. MOHO 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 MOHO servers or networks connected to the website/App; User/Member will not attempt to gain unauthorized access to other computer systems or networks connected to the Site/App, 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, libellous, 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 by MOHO; 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.
- MOHO 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; MOHO may review the Member's personal profile and amend any typing or spelling errors. MOHO 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, MOHO may, in its absolute discretion, refuse to post, transmit or remove any content uploaded by the Member. Without derogating from the above, MOHO may remove any content violating this Agreement. The Member will bear all the risks associated with the uploading and transmitting of material while utilizing MOHO, including reliance on its accuracy, reliability or legality.
- Any information / consultation / advice / guidance / procedure / treatment etc. Including services provided in MOHO 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 MOHO, 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. MOHO 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. MOHO 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/APP/ APP (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/App shall be taken or begun without first consulting the Member’s physician or other healthcare provider.
- MOHO 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. MOHO 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. MOHO will not be liable for any damages sustained due to reliance by Member on such information or advice provided by any Expert.
- DOES NOT REPLACE EXISTING DOCTOR-PATIENT RELATIONSHIP: MOHO doesn’t replace your relationship with physician or healthcare provider. The information interpreted (not limited to content of the Site/App 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/App, the Member relationship (as with all other Experts) is strictly with the professional and confidential between Member and the professional.
- MOHO 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/App. MOHO strongly recommends that a Member seeking mental health or medical advice make an appointment for an examination in person with qualified professionals.
- MOHO does not endorse or recommend any mental health professional, medical professional, physician or other professional or Expert on the Site/App. 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 MOHO 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 website/App, MOHO 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/App and to continue to interact with the medical or mental health professional, physician or other Expert, and that the role of MOHO is strictly limited to providing access to such professionals and other Experts and their services for Member's consideration.
- 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 MOHO. MOHO does not assume any liability or responsibility for the accuracy of the content on the Site/App, including the biographical information, qualifications, credentials or other data regarding the mental health professionals, physicians, attorneys or other Experts. MOHO 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.
- Member hereby releases and agrees to hold harmless MOHO, 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/App.
- The Content ("Copyright Content") is protected by copyright under both Central and State laws, and foreign laws. Title to the Copyright Content remains with MOHO 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 firstname.lastname@example.org. Content and features on the Site/App, including these Terms and Conditions are subject to change or termination without notice in the editorial discretion of MOHO. All rights not expressly granted herein are reserved to MOHO 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.
- MOHO 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, MOHO operates bulletin boards pursuant to which Experts may answer questions regarding various topics. As noted above, MOHO 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 MOHO cannot and does not replace a meeting with a professional. Member is encouraged to verify the information furnished by Experts. Any information on MOHO 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 MOHO makes no claim that the contents of the Site/App, such as text, graphics, images and information obtained from service providers and any other material contained on the Site/App (the "Content") is appropriate or may be downloaded in a particular jurisdiction. Access to the website/App and Content may not be legal by certain persons or in certain states or countries. If you access the App, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. Provisions relating to the liability of MOHO and its licensors, user submissions, Indemnity, Jurisdiction, and Complete Agreement, survive the expiration or termination of these Terms and Use for any reason whatsoever.
- 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 MOHO 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;
MOHO does not evaluate or guarantee the accuracy or success of any answers, advice or services given through the Site/App. The website/App and the services provided by MOHO are provided "as is" with no warranty. MOHO expressly disclaims any warranty, regarding the website/App and all services, including any implied warranty of merchant fitness for a particular purpose or for failure of performance. MOHO does not warrant that the services provided by MOHO or the website/App of the verification that services will be free from bias, defects, errors, eavesdropping or listening. MOHO shall not be responsible for the quality of information or the authentication of the services or details given by experts on the Site/App. By using this website/App 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 MOHO 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 MOHO is not responsible for any reply or information that you do or do not receive, and you expressly agree to hold MOHO 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.
DISCLAIMER OF WARRANTY & LIMITATION OF LIABILITY: User/member acknowledges and agrees that the MOHO is provided “as is”, and therefore member will not have any claim or demand vis-a-vis MOHO and service providers in respect to MOOHO’s experts, properties, limitations or compatibility with the member's needs. The use of MOHO is at the member's sole risk. To the fullest extent of the law, MOHO 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.
- MOHO 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 MOHO, member must exercise a high standard of care. The member shall not have any claim or demand vis-a-vis MOHO, 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. MOHO will not be deemed the provider or recipient of any services or information acquired through MOHO. The purchase of services is affected at the member's sole risk.
- Under no circumstances will MOHO, 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. MOHO, 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 MOHO in the six month period prior to the date the claim arose. Member acknowledges and agrees that MOHO 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 MOHO harmless in connection with any such claim.
- MOHO 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 MOHO, the member hereby relieves MOHO including but not limited to 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 AND MOHO FEES:
- MOHO 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 MOHO in cases when he or she was billed directly by an Expert. 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 MOHO’s servers. Charges to Users/Members are rounded up so that any part of a minute is considered a full minute of time charges. MOHO’s billing system is not fault-free or flexible; therefore MOHO shall not be liable for any problems, miscalculations or malfunctions in processing the payments owed by the Member.
USERNAME / LOGIN ID AND PASSWORD: When you, the User/Member, create and open an account with MOHO, 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 MOHO of any unauthorized use of Member's password, username, e-mail, or any other breach of security. MOHO 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 MOHO due to someone else’s use of your account or password.
- User/Member may have to furnish the information required for registration to MOHO. However, without that information Member will not be able to use the services of MOHO. MOHO is the sole owner of the information collected on this website/App. MOHO 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 MOHO may collect, process, and transfer any information, private or otherwise, so long as MOHO does so for the purpose for which it was collected.
- In order to use MOHO, 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 MOHO 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 MOHO may provide a more personalized experience on the website/App. 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 MOHO’s database. MOHO will use reasonable means to protect the integrity and safety of the database. However, such means are not fault-proof and MOHO 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 MOHO collecting and processing Member’s personal information for normal business use by MOHO.
- If the Member has any questions about MOHO’s privacy statement, the practices of MOHO Brands, or your dealings with MOHO, please contact: email@example.com.
USER / MEMBER COMMUNICATIONS: MOHO does not screen or edit the content of communications between Experts and Members, but MOHO may copy, transmit and review communications conducted by or through MOHO 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 MOHO’s servers are encrypted. Chat communications between the Expert and MOHO’s servers are also encrypted, but only if the Expert is using the most current version of MOHO’s software. Email, VOIP and phone communications are not encrypted and thus may be more susceptible to unauthorized monitoring. MOHO 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 MOHO’s servers for a certain amount of time and available for review by Experts and, if a paid session, by Users/Members.
MOHO’s TERMS FOR USE OF DATA:
- MOHO uses IP addresses to analyse trends, administer the Site/App, 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/App. MOHO may also retain any emails, letters, or other correspondence between the Member and MOHO to ensure quality control and the best possible service, although it has no obligation to do so.
- MOHO may use the information furnished by the Member, as well as information that it collects regarding use patterns and transactions that are conducted through MOHO, in order to improve MOHO, to analyse statistical information regarding MOHO, and to furnish such statistics to third parties, including advertisers. Information furnished to third parties will not identify the Member personally.
- MOHO may from time to time send advertisements in the form of E-MAIL / SMS etc. 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 MOHO at the point when TMOHO asks for such information. MOHO’s registration form has an 'opt-out' mechanism to allow for removal from newsletters, promotions, etc., and Members can always choose to 'opt-out' by following the appropriate procedure from within the Member's MOHO account. In case in some of the services of MOHO ‘opt-out’ option is not available, Members / Users may write email to firstname.lastname@example.org for removing his/her name from any advertisement activities.
- Ratings and testimonials provided by Members on MOHO are public and are identified by the Member's Screen Name.
- If the Member elects to use MOHO’s referral service for informing a friend about the website/App, MOHO asks the Member for the friend's name and email address / mobile number. MOHO will automatically send the friend a email / SMS inviting them to visit the website/App. MOHO stores this information for the sole purpose of sending this email / SMS. The friend may contact MOHO at email@example.com to request the removal of this information from its database.
- MOHO reserves the right to partner with another party to provide specific services. When the Member signs up for these services, MOHO 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.
- MOHO may, in its discretion, create co-branded website/Apps with its partners. In such case, the Member listings may appear in the co-branded website/App. Unless Member agrees otherwise, all personally identifiable information is stored solely by MOHO. MOHO does track and record an affiliate website/App from which a visitor has linked to MOHO. If a visitor registers to become an Expert and/or a Member, MOHO tracks the partner website/App's name in order to further the relationships MOHO 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 MOHO’s service, MOHO will endeavour to provide a way to correct, update or opt-out of any of MOHO’s services. This can usually be done from within the MOHO’s account, or by emailing our Customer Support at firstname.lastname@example.org. If the Member has any questions about MOHO’s privacy statement, the practices of MOHO, or your dealings with MOHO, please contact: email@example.com.
ADVERTISEMENTS: MOHO may include in 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/App of the advertiser or receive other messages, information or offers from the advertiser. The Member acknowledges and agrees that MOHO are not liable for the privacy practices of advertisers or the content of their web Site/Apps, information, messages or offers. The Member is wholly liable for all communications with advertisers and for all transactions subsequently executed.
MODIFICATIONS AND TERMINATION OF MOHO: MOHO reserves the right to modify or discontinue, temporarily or permanently, the services in MOHO, with or without notice to Member. Member agrees that MOHO shall not be liable to Member or any third party for any modification or discontinuance of MOHO’s Brand and its services, or for any losses or damages that may result to Member from such discontinuation or interruption of service.
Every specific feature and functionality of the mobile application, website etc. including pricing and the way of operation and processes are to be determined solely by MOHO and are subject to change or termination without notice as per sole discretion of MOHO
MOHO’s services depend on various factors such as software, hardware and communications networks of MOHO, its contractors and suppliers. Hence, MOHO cannot guarantee that MOHO 's service will be uninterrupted or that it will be timely, secure or error-free.
MOHO, in its sole discretion and for any reason, may terminate Member's participation in MOHO and refuse any and all current or future use by Member of MOHO.
INTELLECTUAL PROPERTY: Medisurge Technologies Pvt. Ltd. is the sole owner of all the intellectual property, and in particular the copyright, trademarks, database and patents, in MOHO and in any software, application, graphics, text and other materials used therein, including the organization and selection of the materials contained therein.
MOHO contains copyrighted material, trade secrets and proprietary information owned by Medisurge Technologies Pvt. Ltd. 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 MOHO. The Member may not create derivative software based upon any trade secret, intellectual property or proprietary information of MOHO. Furthermore, the Member may not sub-license, assign, transfer, sell or make any other commercial use of his or her membership in MOHO, unless explicitly authorized by MOHO.
The Member may not adapt or use any trademark or trade name, domain name similar to or likely to be confused with that of MOHO, or take any other action that infringes upon or impairs MOHO’s trademark rights.
Medisurge Technologies Pvt. Ltd. shall retain all ownership in MOHO and to MOHO and all content displayed on MOHO, including copies of data transferred or received by Member through the Site/App.
COPYRIGHT POLICY: MOHO respects the intellectual property of others, and we ask our users to do the same. MOHO 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 MOHO’s 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 website/App, 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;
- 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.
- MOHO’s Copyright Agent for Notice of claims of copyright infringement can be reached as follows: By email: firstname.lastname@example.org
SUPPLEMENTARY COMMUNICATION: MOHO 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 website/Apps and specific questions related to your MOHO’s Record. Additionally, MOHO make 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 MOHO.
- The information contained in these communications and resources is compiled from a variety of sources and may or may not be authored by MOHO. MOHO makes no warranty with respect to the content of these materials or the information contained therein.
INDEMNIFICATION: Member shall indemnify, defend and hold harmless MOHO, 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 MOHO or such party, to the extent that such claim, suit, action or other proceeding is based on or arises from:
- Any breach of any representation, warranty, covenant or agreement to be performed by Member according to this Agreement;
- Member's refusal to pay for services provided by any Expert; or
- Any materials that Member had posted to MOHO or transmitted through it, and/or any content on Member's Web Site/App 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 and shall be governed by laws of India and shall be construed in accordance with the laws of the land, without giving effect to any choice of law rules or principles.
- Any dispute with MOHO shall exclusively be subject to the jurisdiction of the appropriate Courts situated at India. No party shall object to removal or prosecution of any litigation to a state court within India. Any cause of action or claim you may have with respect to MOHO must be commenced within one (1) year after it arises, except to the extent such litigation is not enforceable.
NOTICE: Any notice or other communication to be given hereunder will be in writing and given by facsimile, post-paid 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 MOHO. 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: MOHO 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/App 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 India (excluding any rules governing choice of laws), and any legal proceeding arising out this Agreement will occur exclusively in the courts located in India. 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 MOHO and Member with respect to the subject matter hereof, and Member has not relied upon any promises or representations by MOHO with respect to the subject matter except as set forth herein. MOHO 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 India.
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.