Terms & Conditions
This Terms and Conditions of Service statement is a binding agreement between you and those individuals included in your account whom will be using this Site/mobile app (collectively, “You”, “Your” or “End User”), and The Health Enterprises Pvt. Ltd., the owner and administrator of http://www.surgician.com and associated applications/apps(the “Site/mobile app”). SURGICIAN.COM shall provide virtual consultation, chat, health information services, second medical opinion services, medical records assistance and medical records digitization and storage, as defined herein, to the end user. These terms and conditions, as well as any additional terms, conditions and covenants referenced in this Agreement (collectively, these “Terms”, “Terms and Conditions” or this “Agreement”), govern the use of and access to the Site/mobile app and any of the services offered on the Site/mobile app.
REVIEW THESE TERMS AND CONDITIONS IN THEIR ENTIRETY BEFORE ACCESSING, USING OR BUYING ANY SERVICE THROUGH THE SITE/MOBILE APP IMPORTANT: SURGICIAN.COM IS NOT A HEALTH INSURANCE COMPANY AND IS NOT LICENSED TO SELL HEALTH INSURANCE.
ACCEPTANCE OF TERMS AND CONDITIONS
CHANGES AND MODIFICATION TO THESE TERMS AND CONDITIONS
USING THE SERVICE AND SUBMITTING A SUBSCRIPTION
Subscription & Free Services
You have elected to utilize the Site/mobile app as a paid subscriber and/or free user. SURGICIAN.COM offers certain services for sale (collectively, the “Services”) on the Site/mobile app. SURGICIAN.COM reserves the right to modify the prices or other Terms charged for these Services, or to add or remove any Service from the Site/mobile app, at any time without prior notice to you. Price changes shall not apply to services purchased prior to the price change.
SUBSCRIPTION AND CANCELLATION FEES
User shall pay to SURGICIAN.COM the applicable subscription fees described in this SURGICIAN.COM Site/mobile app for the particular Service(s) you wish to purchase. The compensation payable to SURGICIAN.COM shall be due upon registration, and shall be non-refundable to you. Notwithstanding the foregoing, you shall have the right to cancel the subscription subject to certain cancellation fee charges (see below).
The initial term of these Terms and Conditions shall be one (1) year commencing from the Effective Date (the “Term”). The Effective Date is the date on which you subscribe to the Service.Beyond the initial Term, your subscription may be renewed for successive one (1) year periods.
SUBSCRIPTIONS AND MEMBERSHIPS ARE SUBJECT TO CANCELLATION PENALTIES AND ARE NON-TRANSFERABLE/NON-CHANGEABLE. IN THE EVENT THAT YOUR SUBSCRIPTION MEMBERSHIP IS OBTAINED THROUGH A CORPORATE SPONSORED OR PRE-PAID PLAN, THIS CANCELLATION POLICY SHALL NOT APPLY. If you wish to cancel a subscription, it must be done by sending an email to email@example.com. You will be asked to agree to this cancellation policy prior to proceeding with the subscription of the membership. SURGICIAN.COM may terminate this Agreement (i) if you commit a material breach of these Terms and Conditions and fail to remedy that breach within thirty (30) days of receipt of a written notice of such material breach, or (ii) if you fail to pay an invoice when due. You may terminate this Agreement (with no penalty) if SURGICIAN.COM commits a material breach of this Agreement and fails to remedy that breach within thirty (30) days of receipt of written notice of material breach. SERVICES SURGICIAN.COM makes available to each end user and their attending physicians medical opinion services to assist you and your physician to better understand and assess your medical condition. SURGICIAN.COM arranges for you to receive a Virtual Consult, Chat or Second Medical Opinion (“SMO”), as defined below, from one or more contracted physicians (the “Physicians”) licensed to practice medicine in the state, territory, or foreign country of residence of the end user.
SECOND MEDICAL OPINION SERVICES
MEDICAL RECORDS ASSISTANCE
SURGICIAN.COM offers a service of Medical Records Assistance. SURGICIAN.COM will gather your records from the your current or previous physician(s), scan related paper records, copies of documents, records, images, and information, review paper or electronic records in order to detect specific problems which the User may have overlooked, and electronically upload the your records to the appropriate sections of the SURGICIAN.COM DIGITAL HEALTH RECORD. You are entitled to one free Medical Records Assistance request for one (1) Physician but will be charged as an applicable fees per additional Physician request. You agree to (1) complete SURGICIAN.COM’s required Authorization for Release of Protected Health Information form. (2) By signing SURGICIAN.COM’s Authorization for Release of Protected Health Information form, you authorize SURGICIAN.COM to receive your Medical Records for the purpose of digitizing, sorting and uploading. (3) You acknowledge that additional fees may be required by your Physician(s) and/or third party health administrators. By signing and submitting the Authorization for Release of Protected Health Information form, you agree to give SURGICIAN.COM’s Medical Records Administrator or Medical Director Access to your account to upload and store the medical records received on your behalf.
MEDICAL RECORDS DIGITALIZATION AND STORAGE
SITE/MOBILE APP USAGE
You will maintain the security of all your identification, password and other confidential information relating to the use of your account. You will not copy, modify, or display or download SURGICIAN.COM’s name, trademarks, or logo or any text, copyrighted works, graphic images, or other proprietary content from the Site/mobile app. You will not upload or transmit any communications or content of any type that infringes upon or violates the rights of any party. You will not redeliver any of the pages, text, images, or other content of SURGICIAN.COM Site/mobile app using “linking,” “deep linking,” or “framing” technology. You will not create a link from a website/mobile app to any page of the SURGICIAN.COM Site/mobile app unless you or the operator of the other website/mobile app has executed SURGICIAN.COM’s then-standard agreement for the granting of permission to establish such a link. You will not include any SURGICIAN.COM mark, the name of any of SURGICIAN.COM personnel, or any variation of any of the foregoing as a Meta tag, hidden textual element, or any other indicator that may create a false or misleading impression of affiliation, sponsorship, or endorsement between any user and/or website/mobile app and SURGICIAN.COM. You will not use devices (including software) that are designed to provide repeated automated access to the SURGICIAN.COM Site/mobile app other than those made generally available by SURGICIAN.COM, or probe, scan, or test the vulnerability of any system or network related in any way to this Site/mobile app. You will not use the SURGICIAN.COM Site/mobile app or its Services for any purpose in violation of local, state, federal or international laws. You will not use the SURGICIAN.COM Site/mobile app or its Services as a means to distribute advertising or other unsolicited material to any third party. You will not post material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person or entity as determined by SURGICIAN.COM in SURGICIAN.COM sole discretion. You will not impersonate another person or create any false account information or health record for any other person. You will not post advertisements or solicitations of business. You will not post chain letters or pyramid schemes. You will not allow any other person or entity to use User identification for posting or viewing comments. You will not post the same note more than once or post “spam” or use the SURGICIAN.COM Site/mobile app to create any nuisance. You will not hold SURGICIAN.COM or any of SURGICIAN.COM affiliates, successors, assigns or licensees, together with any of their respective officers, directors and employees, liable for damages including (but not limited to) loss of wages, revenue or business because of any services related to or provided by this Site/mobile app. You will not submit any media that contains your personally identifiable information (such as User’s name, phone number, email address or website/mobile app URL) or that of anyone else except as otherwise requested by SURGICIAN.COM as otherwise permitted in accordance with this Agreement. You will not upload any media on the SURGICIAN.COM Site/mobile app without the express written permission from the owner of such media content. You will not upload media of any kind that contain expressions of hate, abuse, offensive images, obscenity, pornography, sexually explicit content or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms and Conditions. You will not upload any media that contains software viruses or any other computer code, files or programs designated to interrupt, destroy or limit the functionality of any computer software or this Site/mobile app. You agree to comply with all your responsibilities and obligations as stated in these Terms and Conditions. SURGICIAN.COM reserves the right, but is not obligated to: remove communications that are abusive, illegal or disruptive, or that otherwise fail to conform to these Terms and Conditions; terminate your access to the Site/mobile app or any feature on the Site/mobile app upon any breach of these Terms and Conditions; and edit or delete any communications posted on the Site/mobile app, regardless of whether such communications violate these standards. By uploading any media to a public area of the Site/mobile app, including, but not limited to, a photo or video, (a) you grant SURGICIAN.COM a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in the media in any format now existing or created in the future; (b) you certify that any person featured in the submitted media (or, if a minor, his/her parent/legal guardian) authorizes SURGICIAN.COM to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in such media in any format now existing or created in the future; and (c) you agree that you will indemnify SURGICIAN.COM against any damages, losses, liabilities, judgments, costs or expenses (including actual attorneys’ fees and costs) arising out of a claim by a third party relating to any media you have posted. While SURGICIAN.COM welcomes your feedback on the Site/mobile app, SURGICIAN.COM must make the final decisions about the content that is posted on the Site/mobile app to make sure it conforms to SURGICIAN.COM objectives and to the objectives SURGICIAN.COM identifies for SURGICIAN.COM Users. If you are dissatisfied with the Site/mobile app, your only remedy is to stop using the Site/mobile app. SURGICIAN.COM follows a standard set of editorial procedures for information that SURGICIAN.COM publishes on the Site/mobile app. When deciding to take advice on the Site/mobile app and/or hire any professional based on information on the Site/mobile app, you should perform independent research as to the accuracy of the credentials expressed in the content, provided in the professional’s public profile, or existing as part of any other material found on the Site/mobile app or the Services.
USER ACCOUNT, PASSWORD, AND SECURITY
You must establish a user name and password upon completing the registration process. You are responsible for maintaining the confidentiality of the Access Code and are fully responsible for all activities that occur under your Access Code. You are responsible for taking all reasonable steps to ensure that no unauthorized person(s) shall have access to your Access Code. It is your sole responsibility to control the dissemination of your Access Code, to authorize, monitor, and control access to and use of your Records, Account, and Access Code, and to promptly inform SURGICIAN.COM of any need to deactivate or reset an Access Code. You agree to immediately notify SURGICIAN.COM of any unauthorized use of your Access Code, password, or account information or any other breach of security; and, (b) ensure that you exit from your account at the end of each session. SURGICIAN.COM shall not be liable for any loss or damage arising from your failure to comply with these Terms and Conditions. INDEMNITY You agree that you are solely responsible for anything you post on the Site/mobile app and that you will defend, indemnify, and hold SURGICIAN.COM, its officers, directors, affiliates, employees, agents, licensors, and suppliers harmless from and against any claims, actions, demands, liabilities, and settlements including, without limitation, actual legal and accounting fees resulting from, or alleged to result from, your violation of these Terms and Conditions or any claims based upon your Postings on the Site/mobile app or your use of the Services. You acknowledge and agree that the SMO Report contains only our Physician’s conclusions and information regarding the diagnosis and treatment or proposed diagnosis and treatment, and that reasonable mind may differ on such diagnoses and treatment or proposed diagnoses and treatment. In addition, you acknowledge and agree that the Physicians are independent contractors of SURGICIAN.COM, and that, as a result, SURGICIAN.COM has no control over, input into, or responsibility for, the matters contained in the SMO Report. You further acknowledge and agree that the SMO Report states a mere professional opinion and that you and your attending/treating physician are free to disregard the SMO Report in their sole and absolute discretion. You acknowledge and agree that the provision of any Services to you, pursuant to your subscription, does not create a physician-patient relationship between the respective Physician(s) and you. Accordingly, on your own behalf and on behalf of your heirs, executors and personal representatives, hereby releases and discharges SURGICIAN.COM, all parent, subsidiary and/or affiliated companies, as well as its and their successors, assigns, officers, owners, directors, agents, representatives, attorneys, and employees, and the Physicians, (all of whom are referred to throughout this Agreement as “SURGICIAN.COM Releases”), of and from all claims in tort, demands in tort, tort causes of action, tort damages, tort losses, and expenses in tort, as a result of any alleged malpractice or alleged professional liability claim(s) arising out of or related to this Agreement. In addition, you hereby agree that neither you, nor your heirs, executors and personal representatives, will file any tort action, or assign to others the right to file any tort action, or make any claims in tort, as a result of any alleged malpractice or alleged professional liability against SURGICIAN.COM arising out of or related to this Agreement. The foregoing shall not be deemed or construed to prevent you from making any claim against SURGICIAN.COM for breach of contract for the failure of SURGICIAN.COM to perform its obligations under these Terms and Conditions.
The headings to the sections in this Agreement shall not affect the construction or interpretation of this Agreement.
You agree that these Terms and Conditions and all incorporated agreements between SURGICIAN.COM and you, may be assigned by SURGICIAN.COM, in its sole discretion.
WAIVER AND SEVERABILITY OF TERMS
The failure of SURGICIAN.COM to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any of the provisions of this Agreement are held to be unenforceable by a court or other tribunal of competent jurisdiction, then such provisions (deemed unenforceable) shall be limited or eliminated to the minimum extent necessary and this Agreement shall otherwise remain in full force and effect.
NO RIGHT OF SURVIVORSHIP AND NON-TRANSFERABILITY
You agree that your SURGICIAN.COM account is non-transferable by you and any rights to your Access Code or contents within yours account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
You acknowledge and agree that the Site/mobile app and any necessary software used in connection with the Site/mobile app (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Title to the Site/mobile app and the Software remains with SURGICIAN.COM or the respective owner, and all rights not expressly granted herein are reserved to SURGICIAN.COM. You further acknowledge and agree that any content contained in sponsor advertisements or information presented to you through the Site/mobile app is protected by copyrights, trademarks, service marks, patents or other intellectual property rights and laws and that all computer systems, procedures, and databases created, operated, maintained or accessed by SURGICIAN.COM in connection with the Site/mobile app contain proprietary and confidential information of substantial economic value to SURGICIAN.COM. This information includes operations, systems, products, business relationships, marketing approaches, software, hardware, codes, trade secrets, information technology, information systems, plans and projections, as well as concepts and ideas. Any unauthorized use, misuse, or disclosure of such information is strictly prohibited and may result in civil liabilities and criminal penalties under applicable law. Except as expressly authorized by SURGICIAN.COM or advertisers, as applicable, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site/mobile app or the Software, in whole or in part. You may download and reprint a single copy of the materials from the Site/mobile app and/or the Services for you own personal, noncommercial use. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Site/mobile app. You agree not to access the Site/mobile app nor shall you otherwise create or attempt to obtain the source code of the Software.
FOR INTERNATIONAL USERS
SURGICIAN.COM makes no claim that the content on this Site/mobile app may be viewed legally outside of India. Access to the Site/mobile app may not be legal in certain countries. If you access this Site/mobile app from outside India, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. You agree to comply with all applicable laws regarding the transmission of technical data exported from India or imported into the country from which you are accessing the Site/mobile app.
USER AND SURGICIAN
Electronic acceptance via the Site/mobile app, facsimile signatures, and electronic signatures will have the same legal effect as original signatures and are binding on the parties. Upon acceptance, you have agreed to be bound by all of the terms and conditions of this Agreement. Your relationship with SURGICIAN.COM is one of independent parties to a contractual relationship and should not be construed to create a joint venture, partnership, or other affiliation. SURGICIAN.COM collects personal information that you choose to share with SURGICIAN.COM when you register with the Site/mobile app. This information may include your e-mail address, your health interests and your answers to questions about your health status. SURGICIAN.COM uses this information to tailor SURGICIAN.COM’s Services to you and this information is saved to SURGICIAN.COM’s database, enabling you to use the personalized features of the Site/mobile app on a recurring basis. This saved information is collected only with your permission and may be updated or deleted by you at any time. If you choose to not provide the information required for registration, you may not register with the Site/mobile app and you will not be able to personalize the Site/mobile app.
The SURGICIAN.COM website/mobile app is hosted by third parties independent of SURGICIAN.COM. Those persons are solely responsible for their performance, conduct, actions and omissions. Furthermore, some of the material on the SURGICIAN.COM Site/mobile app is provided by third parties independent of SURGICIAN.COM and SURGICIAN.COM shall not be held responsible for any such third-party material. SURGICIAN.COM disclaims any responsibility for or liability related to such third party material. Any question, complaints or claims related to any product should be directed to the appropriate third party.
SURGICIAN.COM reserves the right to make changes, modifications and alterations to the SURGICIAN.COM Site/mobile app and the content without notification to you. As a registered user, you accept the obligation to periodically review these Terms and Conditions for changes or modifications. Continued use of SURGICIAN.COM Services shall be deemed acceptance of these Terms and Conditions as modified and you agree to be bound by any such changes.
APPLICABLE LAW / DISPUTES
By using SURGICIAN.COM Services, you agree that the laws of India, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute that might arise between User and SURGICIAN.COM, its Physicians, staff or other affiliates. You expressly agree that exclusive jurisdiction for any dispute with SURGICIAN.COM, its affiliates, employees, subsidiaries, contractors, officers and directors, resides in the courts of Pune jurisdiction , Maharashtra and also agree to and expressly consent to the exercise of personal jurisdiction in the courts of Pune jurisdiction , Maharashtra in connection with any claim involving SURGICIAN.COM, its affiliates, employees and subsidiaries.
COPYRIGHT AND TRADEMARKS
All content included on the SURGICIAN.COM Site/mobile app, including, but not limited to, text, photographs, graphics, button icons, images, artwork, names, logos, trademarks, service marks and data (“the Content”), in any form including the compilation thereof, are protected by India and international copyright law and conventions. The Content includes both Content owned or controlled by SURGICIAN.COM and Content owned or controlled by third parties and licensed to SURGICIAN.COM. Except as set forth below, direct or indirect reproduction of the Content, in whole or in part, by any means, is prohibited without the express written consent of SURGICIAN.COM.
DISCLAIMERS AND LIMITATIONS
By using SURGICIAN Services, you agree to abide by these Terms and Conditions and those additional terms and conditions posted on the SURGICIAN website/mobile app from time to time: You agree that the following disclaimers form an essential part of the Terms and Conditions. You agree that SURGICIAN’s liability pursuant to these Terms and Conditions shall not under any circumstances, and regardless of whether the liability arises out of contract or tort, exceed the amount of the most recent subscription fee you have paid to SURGICIAN. The service provided by SURGICIAN.COM through the review of User’s Records is different from the diagnostic services typically provided by a physician during a face-to-face visit. Providing this service will not have the benefit of information that could be obtained by examining you in person and observing your physical condition. SURGICIAN.COM encourages you to share the SMO with your attending physician. You should always consult with your physician or other appropriate health care professionals before making any changes in diet, physical activity and/or drug therapy. By requesting a SMO Service, You acknowledge and agree that: The SMO received will be limited to the attending physician’s review of your personal health records; The SMO is not intended to replace a full medical evaluation or face-to-face visit with a physician; The Physician may not have important information that is usually obtained through a physical examination; You will communicate with your physician after receiving the SMO; The absence of physical examination may affect the Physician’s ability to give a complete opinion on User’s condition, disease or injury. SMO Services are for medical purposes only and not for use in any related litigation or malpractice matters. We suggest that you contact an attorney and/or related medical professional in your state, territory, or country of residence for further assistance in such matter. Nothing contained in the SURGICIAN.COM Site/mobile app is or should be considered, or used as a substitute for, diagnosis or treatment, nor prescription. This Site/mobile app may contain health or medically related materials that are sexually explicit. If you find these materials offensive, you may not want to use the Site/mobile app. The Services provided on this Site/mobile app are here to educate consumers on health care and medical issues that may affect their daily lives. This Site/mobile app and its Services are not intended to be used to: Treat a medical emergency or acute medical condition; Provide a final diagnosis or initiate a treatment plan; Resolve medical issues. By engaging SURGICIAN.COM’s Services, you acknowledge and agree to assume the risk of these limitations. You further understand that no warranty or guarantee has been made to you concerning any particular result or cure of any condition. SURGICIAN.COM makes no warranty or guarantee that the SURGICIAN.COM website/mobile app will be uninterrupted, timely, and secure or error free. SURGICIAN.COM also does not warrant or guarantee that medical records hosted on SURGICIAN.COM website/mobile app will be free of infections or viruses, worms, Trojan horses or other code that contain contaminating or destructive properties. You agree that SURGICIAN.COM does not constitute a service that targets any one community, user group, business or industry. You assume total responsibility and risk for the use of the information provided by SURGICIAN.COM. The advice is provided on an “as is” and “as available” basis. Neither SURGICIAN.COM nor any of its officers, members, employees, agents, contractors or Physician makes any express or implied warranties, representations or endorsements whatsoever with regard to any information or service provided through the SURGICIAN.COM website/mobile app or through the internet generally; and under no circumstances will SURGICIAN.COM or any of its officers, members, employees, agents, contractors or Physicians be liable for any direct, indirect, incidental, special, punitive or consequential damages that result in any way from the use of or the inability to use the services or any parts thereof, or the reliance on or use of information, or services provided, or that result from mistakes, omissions, interruptions, deletion or any failure or performance. Neither SURGICIAN.COM nor its affiliates warrants that the services will be uninterrupted or error-free or that any information, software or other material accessible on this Site/mobile app is free of viruses of other harmful components.
WARRANTIES AND LIMITATION OF LIABILITY
Certain links in the Site/mobile app may link you to other Site/mobile apps. The linked Site/mobile apps are not under the control of SURGICIAN.COM and SURGICIAN.COM is not responsible for the contents of any linked Site/mobile app or any link contained in a linked Site/mobile app, or any changes or updates to such Site/mobile apps. SURGICIAN.COM is not responsible for webcasting or any other form of transmission received from any linked Site/mobile app. SURGICIAN.COM is providing these links to the you only as a convenience, and the inclusion of any link does not imply a referral by SURGICIAN.COM, an endorsement of or sponsorship by SURGICIAN.COM, or affiliation by SURGICIAN.COM with, the linked Site/mobile app, its services, and its owner, operator, sponsoring organization or internet provider. This Site/mobile app may contain advertisements by third parties and the Site/mobile app may receive royalties from such advertisers. SURGICIAN.COM is not liable to you or any third party for any decision made or action taken by you or anyone else based on information contained on the Site/mobile app or provided through the services, or due to reliance upon information contained on the Site/mobile app or provided through the services. To the fullest extent permitted by law, any claims arising in connection with your use of the Site/mobile app and any of its content must be brought within one (1) year of the date the event giving rise to such action occurred.
MONITORING OF SITE/MOBILE APP
SURGICIAN.COM reserves the right to monitor any and all use of this Site/mobile app. SURGICIAN.COM is under no obligation to do so and assumes no responsibility or liability arising from SURGICIAN.COM doing so or omission to do so. SURGICIAN.COM may monitor your use of this Site/mobile app to evaluate the quality of service you receive, your compliance with these Terms and Conditions, the security of this Site/mobile app, or for other lawful reasons. You agree that you will not be entitled to any cause of action or other right with respect to SURGICIAN.COM concerning such monitoring activities.
If you have any questions or concerns, you may contact SURGICIAN.COM Customer Service department as indicated below. SURGICIAN.COM will attempt to respond to your questions or concerns promptly.
The Health Enterprises pvt ltd
SURGICIAN.COM, No.1, Ground Floor, Plot 1209,
Opp Holy Cross School,
Juhu Koliwada Juhu,Mumbai
Maharashtra 400 049, India.