Terms & Conditions
PLEASE READ CAREFULLY
By agreeing to be a Registered Member of Physician360 you will have access to Physician360 Services through its sites including but not limited to Physician360.com and its precedent and contemporaneous websites including hcpthink.com, m-panels.com and manthansurveys.com. As a Registered Member, you agree to abide with the following terms (“Terms of Service”). If you do not agree to these Terms of Service, you should not continue as a Registered Member nor use our Services. Physician360 and our officers, directors, parent(s), employees, agents, licensees, assigns, subsidiaries and related entities (“Physician360”), reserve the right, at our discretion, to change, modify, add or remove portions of these Terms of Service at any time. Please review the Terms of Service periodically for changes. Changes to Terms of Service will be posted on Physician360 sites, and posting will constitute notification of such changes. Your continued use of any of our websites and Services following the posting of changes to these Terms of Service will mean you agree to abide by those changes. Physician360 may provide a variety of services (collectively “Services”) such as access to the latest medical information available on the Web or, as a Registered Member, the ability to participate in a research survey, webinars, forums, discussions etc. In addition, certain Services may have additional guidelines or rules. When using these Services, you shall be subject to any posted guidelines or rules applicable to such Services in addition to these Terms of Service.
Language of the Terms
Where Physician360 has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language version of the Terms will govern your relationship with Physician360. If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.
I. DESCRIPTION OF SERVICE
Physician360 undertakes to give access to the following to its Users according to its discretion and ability:
Medical information available on the Web.
Physician360 undertakes to give access to the following to its Registered Members according to its discretion and ability:
Market Research surveys
Invitations to professionally relevant events.
Continuing Medical Education (CME) and Continuing Education (CE) – sponsored or otherwise
Ability to contact, interact and collaborate with other medical professionals
You understand and agree that the Services are provided “AS IS” and that Physician360 assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalization settings.
II. USE OF SERVICES BY YOU
You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries). You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Physician360, unless you have been specifically allowed to do so in a separate agreement with Physician360. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions. You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services). Unless you have been specifically permitted to do so in a separate agreement with Physician360, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services or any content of whatsoever nature accessed through the Services for any purpose. You agree that you are solely responsible for and that Physician360 has no responsibility to you or to any third party for any breach of your obligations under the Terms and for the consequences (including any loss or damage which Physician360 may suffer) of any such breach.
As a Registered Member, in order to access certain Services, you may be required to provide information about yourself (such as identification or contact details or professional qualifications or specialization or experience) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to Physician360 will always be accurate, correct and up to date. In case such information provided by you is found to be incorrect, invalid or fraudulently provided or provided with the intent to impersonate any other person, Physician360 retains the right to terminate your membership and restrict your access to any Services provided to Registered Member.
The Site Does Not Provide Medical Advice
The contents of the Site, such as text, graphics, images, information obtained from its licensors, and other material contained on the Site (“Content”) are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek professional advice for any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read. The Site does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by the site, its employees, or others appearing on the Site at the invitation of the site, or other visitors to the Site is solely at your own risk. The Site may contain health- or medical-related materials that are sexually explicit. If you find these materials offensive, should not use our Site.
III. MEMBER CONDUCT
You understand that all information, photographs, graphics, artwork, software, music, sound, video or any other materials or communications (“Content”), which includes any materials that you post, submit, upload or otherwise provide to the Site (“User Materials”) are your responsibility and not Physician360’s. Physician360 does not control, monitor or edit the Content posted by individual users and, as such, does not guarantee the accuracy, integrity, quality or ownership attribution of such posted Content., Physician360 reserves the right to remove any content or refuse the transmission of any Content. You understand that by using the Services, you may be exposed to Content that you may consider offensive, indecent or objectionable. Under no circumstances will Physician360 be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via any Service.
You bear all the risks associated with the use of or exposure to any Content. You acknowledge and agree that Physician360 may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) enforce the Terms of Service; (b) respond to claims that any Content violates the rights of third-parties; or (c) protect the rights, property, or personal safety of Physician360, its users and the public.
IV. MEMBER REGISTRATION
As a condition to using some of our Services, You may be required to register with the Company and select a password and user name (“User ID”). If you register for the Site, you agree to receive emails from us and as indicated therein. Where required, You shall provide Physician360 with accurate, complete, and updated registration information. Failure to do so or the provided information being deemed to be inaccurate on validation with professional databases shall constitute a breach of this Agreement, which may result in immediate suspension or termination of Your account as well as restriction of services available to you. You may not (i) select or use as a User ID a name of another person with the intent to impersonate that person; (ii) use as a User ID a name subject to any rights of a person other than a person with appropriate authorization or (iii) misrepresent your licenses or qualifications.
Physician360 reserves the right to refuse registration of, or cancel a User ID at its discretion. You shall be responsible for maintaining the confidentiality of Your password. You shall be solely responsible for all information and instructions transmitted through the Services or the use of any Services using Your password and User ID. All information and instructions communicated through these means will be deemed to have been sent and authorized by You.
V. LINKS TO THIRD-PARTY SITES
The Services may contain links, through advertising, affiliation, or otherwise, to other third party web sites (“Linked Sites”). The Linked Sites are not under the control of Physician360 and Physician360 is not responsible or liable for the communications or materials of any Linked Sites. Physician360 is providing these links to you as a convenience and to advertisers and affiliates to promote their own sites or products, and the inclusion of any link does not imply endorsement by Physician360 of the site or any association with its operators. You are responsible for adhering to the applicable terms of service for any other web site. You are strongly encouraged to evaluate any third-party sites, as you are solely responsible and liable for any interactions you may have with such sites, their sponsors and other third parties.
You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary in our opinion to: (1) comply with legal process, including, but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures; (2) enforce this Agreement; (3) respond to claims of a violation of the rights of third parties, whether or not the third party is a User, individual or body corporate, or government agency; (4) respond to user inquiries; or (5) protect the rights, property, or personal safety of Physician360, our Users or the public.
VII. MATERIALS PROVIDED TO MANTHAN OR POSTED TO THE PANEL SERVICES SITES
By your use of the Services, Physician360 does not claim ownership of the User Materials you provide. However, by providing User Materials to Physician360, you are granting Physician360, its affiliated companies, business partners and licensees a worldwide, perpetual, royalty-free right to use User Materials in connection with all aspects of the operation and promotions of Physician360, including but not limited to, the rights to: copy, distribute, transmit (digitally or otherwise), publicly display, publicly perform, make derivative works of, reproduce, edit, translate and reformat User Materials and to publish your name in connection with User Materials. Physician360 is under no obligation to post or use any User Materials and may remove any User Materials at any time at Physician360’s sole discretion.
You are solely responsible for your interactions with other Users. Physician360 may limit the number of colleague connections you may have to other Users and may, in certain circumstances, prohibit you from contacting other Users through use of the Services or otherwise limit your use of the Services. Physician360 reserves the right, but has no obligation, to monitor disputes between you and other members and to restrict, suspend, or close your account if Physician360 determines, at its sole discretion, that doing so is necessary to enforce this Agreement.
Based on your consent, Physician360 may use your contacts, network, colleagues from other professional/personal networking sites or email accounts either through automated systems or manually. You agree that from time to time Physician360 may invite or otherwise make you aware of certain educational, promotional or financial opportunities relating to Your Communications and profile.
VIII . THIRD-PARTY RIGHTS
If you believe that any of the material contained on a Site infringes or violates any copyrights, trademarks or other intellectual property rights owned by you or any other rights, please email us the specifics of your claim to (support@Physician360.com). Please include an identification of the offending work(s), the location(s) of the work on our Sites, and with explanation as to why such work(s) infringe or violate your rights, and your name, address, telephone number, and email address. Please be advised that such complaints must contain accurate information, submitted under penalty of perjury by the owner or by a person authorized to act on behalf of the owner of the exclusive rights allegedly infringed.
Physician360, at its sole discretion, may terminate your password, account (or any part thereof), use of any Service, or access to any Site, and remove and discard any Content within any Service, for any reason, including, without limitation, for lack of use or if Physician360 believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Physician360 may at its sole discretion and at any time discontinue providing any Service, or any part thereof, with or without notice. Physician360 shall not be liable to you or any third party for any termination of your access to any of the Services.
X. USER WARRANTIES
You warrant and represent that (i) you own all right, title, and interest in your User Materials or have obtained the necessary rights to use your User Materials on any of the Services Sites; (ii) your User Materials do not violate any law or regulation, (iii) your User Materials do not violate the intellectual property rights or any right of any third party; (iv) your User Materials are not designed to or will not knowingly have deleterious effect on Physician360, its content, market research polls & surveys, networking and other Services, the Sites, other users or any computer, network, software or hardware.
You warrant and represent that you will not use the Services Sites to upload, post, email or otherwise transmit any Content that is unlawful, harmful, fraudulent, threatening, abusive, harassing–including any spam, junk mail or otherwise solicit; upload, post, email or otherwise transmit any Content that is defamatory, vulgar, obscene, libelous, invasive of another’s privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable that would constitute or encourage a criminal offense or that would otherwise give rise to liability or violate any law; harm anyone in any way; impersonate any person or entity, including, but not limited to, employees or falsely state or otherwise misrepresent your affiliation with a person or entity; upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships; upload, post, email or otherwise transmit any material that knowingly contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware, or telecommunications equipment; interfere with or disrupt the Services, the enjoyment of the Sites or servers or networks connected to the Services; disobey any requirements, procedures, policies or regulations of networks connected to the Services; or collect or store personal data about other users.
You agree to indemnify and hold Physician360 and its officers, directors, parent(s), employees, agents, licensees, assigns, subsidiaries, affiliates, co-branders or other partners harmless from any claim, cause of action, suit, or demand, including reasonable attorney’s fees, caused by (1) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (2) any content you submit to the Services, and (3) any activity in which you engage on or through Physician360.
If you purchase any services that we offer for a fee, either on a one-time or subscription basis, you agree to Physician360 storing your payment card information. You also agree to pay the applicable fees for these Services (including, without limitation, periodic fees for premium accounts) as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts. Your obligation to pay fees continues through the end of the subscription period during which you cancel your subscription. You may cancel your paid services by contacting (support@Physician360.com). You also acknowledge that our paid services are subject to this Agreement and any additional terms related to the provision of the said service. All fees and charges are nonrefundable and there are no refunds or credits for partially used periods. All paid services, including upgrades and additional messages acquired as part of your account, expire immediately upon cancellation or termination of your account.
XIII . SOFTWARE UPDATES
The Software which you use may automatically download and install updates from time to time from Physician360. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive and install such updates (and permit Physician360 to deliver these to you) as part of your use of the Services Sites.
XIV . Copyright and trade mark policies
The material on this website contains information that is subject to copyright protection or is otherwise proprietary to Physician360 [hereinafter 'Physician360']. Physician360, hcpthink and m-panels are trademarks of Manthan Software Services.
The unauthorized use of any information herein is strictly denied and is subject to formal written authorization from our legal department at our global headquarters in Bangalore, India – Manthan Services, 40/4, Lavelle Road, Bangalore – 560 001, Karnataka, India, or by contacting the legal department at support@Physician360.com.
Some of the Services Sites are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored and displayed on the Sites, queries made through the Sites or other information. The manner, mode and extent of advertising by Physician360 on the Sites are subject to change without specific notice to you. In consideration for Physician360 granting you access to and use of the Sites, you agree that Physician360 may place such advertising on the Services Sites.
XVI . OTHER CONTENT
The Services Sites may include hyperlinks to other web sites or content or resources. Physician360 may have no control over any web sites or resources which are provided by companies or persons other than Physician360. You acknowledge and agree that Physician360 is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources. You acknowledge and agree that Physician360 is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
XVII. CHANGES TO THE TERMS
XVIII. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
The sites and the services, including all information, products, and other content (including third party information) are provided on an “as is” and “as available” basis and without warranties of any kind either expressed or implied. To the fullest extent permissible, pursuant to applicable law, Physician360 disclaims all warranties, expressed or implied, including but not limited to: implied warranties of merchantability, fitness for a particular purpose and non-infringement. Physician360 does not warrant that any portion of any site or any service will be uninterrupted or error free, that defects will be corrected or that any site or any service that makes it available are free of viruses or other harmful code. Physician360 does not warrant or make any representations regarding the use or the results of the use of the materials in this site in terms of correctness, accuracy, reliability or otherwise. Any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk. Some jurisdictions may not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
XIX. LIMITATION OF LIABILITY
Physician360 shall not be liable for any indirect, incidental, special or consequential damages or for interrupted communications, lost data or lost profits arising out of or in connection with this agreement, even if Physician360 has been advised of the possibility of damages. In no event shall Physician360 or any of its affiliates, suppliers or licensors be liable for any direct, indirect, special, consequential, punitive or incidental damages, lost profits or the cost to procure substitute goods and services arising out of the use of the sites or the services, even if Physician360 has been advised of the possibility of such damages and whether such damages arise in contract, negligence, tort, under statute, in equity, at law or otherwise.
This agreement will be governed by and construed in accordance with the laws of India without giving effect to principles of conflict of laws. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Physician360’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between you and Physician360.
XXI. DISPUTE RESOLUTION
A. Law and Forum for Legal Disputes
This Agreement or any claim, cause of action or dispute (“claim”) arising out of or related to this Agreement shall be governed by the laws of the state of Karnataka, India regardless of your country of origin or where you access Physician360, and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods. You and Physician360 agree that all claims arising out of or related to this Agreement must be resolved exclusively by the courts located in Bangalore, Karnataka, India, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You and Physician360 agree to submit to the personal jurisdiction of the courts located within Bangalore, Karnataka, India for the purpose of litigating all such claims. Notwithstanding the above, you agree that Physician360 shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
B. Arbitration Option
For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.