Medical Provider Terms and Conditions
Mysehat.pk is in the business of, among other things, helping patients and consumers identify, select and communicate with medical Providers. Mysehat.pk collects data and other information from numerous sources, including physicians and their practices, to provide to patients and consumers.
When physicians, long-term care facilities and other providers of healthcare services (collectively, "Medical Providers") provide accurate, complete and updated information to us, we at Mysehat.pk are able to provide more accurate and complete information about the Medical Providers to potential patients and consumers, allowing such patients and consumers to make more informed decisions regarding the appropriate Medical Provider for their needs.
Within this website, as well as through telephone, facsimile, e-mail or other means of communication with us (the “Site”), you have an opportunity to provide to us accurate, complete and current information about yourself and your practice (collectively, “Medical Provider-Provided Material”).
This Medical Provider Terms and Conditions ("Medical Provider Terms and Conditions"), as it might be revised from time to time, governs among other things (i) your access to and use of this Site and its related products and services, (ii) your provision of any and all Medical Provider-Provided Material to Mysehat.pk by any means and at any time after clicking “I Agree” and (iii) your receiving communications from us with respect to this Site and related products and services and other Mysehat.pk products and services. This Medical Provider Terms and Conditions constitutes a binding agreement between you and Mysehat.pk. PLEASE NOTE THAT WE RESERVE THE RIGHT, AT OUR SOLE DISCRETION, TO CHANGE THIS MEDICAL PROVIDER TERMS AND CONDITIONS FROM TIME TO TIME. YOUR CONTINUED USE OF THIS SITE OR CONTINUED PROVISION OF MEDICAL PROVIDER-PROVIDED MATERIAL AFTER ANY SUCH CHANGE TAKES EFFECT WILL BE DEEMED TO CONSTITUTE YOUR ACCEPTANCE OF AND AGREEMENT TO THE NEW MEDICAL PROVIDER TERMS AND CONDITIONS. PLEASE READ THIS MEDICAL PROVIDER TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE OR SUBMITTING ANY MEDICAL PROVIDER-PROVIDED MATERIAL. BY CLICKING ON "I AGREE," OR BY USING THIS SITE OR PROVIDING MEDICAL PROVIDER-PROVIDED MATERIAL, YOU, ON BEHALF OF YOURSELF OR YOUR PRACTICE OR ENTITY, AS APPLICABLE, ACKNOWLEDGE AND CONFIRM THAT:
- YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS AND CONDITIONS OF THIS MEDICAL PROVIDER TERMS AND CONDITIONS;
- YOU EITHER ARE THE MEDICAL PROVIDER IDENTIFIED IN THE PROFILE ACCESSED THROUGH THIS SITE (THE “PROFILE”), OR ARE WORKING WITH THE EXPRESS AUTHORIZATION OF THE MEDICAL PROVIDER IDENTIFIED IN THE PROFILE;
(C) YOU OR YOUR PRACTICE OR ENTITY, AS APPLICABLE, AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS MEDICAL PROVIDER TERMS AND CONDITIONS AND ACKNOWLEDGE THAT THIS MEDICAL PROVIDER TERMS AND CONDITIONS IS THE LEGAL EQUIVALENT OF A SIGNED, WRITTEN CONTRACT BETWEEN MYSEHAT.PK AND YOU OR YOUR PRACTICE OR ENTITY, AS APPLICABLE; AND
(D) IF USING THIS SITE ON BEHALF OF YOUR PRACTICE OR AN ENTITY, YOU HAVE FULL AUTHORITY TO BIND YOUR PRACTICE OR ENTITY TO ALL OF THE TERMS AND CONDITIONS OF THIS MEDICAL PROVIDER TERMS AND CONDITIONS AND YOU HEREBY DO BIND YOUR PRACTICE OR ENTITY.
IF YOU OR YOUR PRACTICE OR ENTITY, AS APPLICABLE, ARE NOT WILLING TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION THE PRECEDING ACKNOWLEDGEMENT AND AGREEMENT, THEN DO NOT SELECT THE 'I AGREE' BUTTON ASSOCIATED WITH THIS MEDICAL PROVIDER TERMS AND CONDITIONS AND DO NOT ACCESS OR USE OUR SITE OR PROVIDE ANY MEDICAL PROVIDER-PROVIDED MATERIAL TO US. MYSEHAT.PK DOES NOT AND WILL NOT GRANT YOU ANY RIGHT OR LICENSE TO ACCESS OR USE THIS SITE OR THE RELATED PRODUCTS OR SERVICES.
- No Referrals or Recommendations
Mysehat.pk neither acts as a referral service nor recommends or endorses any particular Medical Provider. Rather, Mysehat.pk acts as an intermediary that provides selected information about Medical Providers. Mysehat.pk uses proprietary processes and algorithms to select, compile and adjust certain data to generate ratings of Medical Providers (“Ratings”). On its Site, Mysehat.pk makes available Ratings and other information, profiles and materials regarding Medical Providers (collectively with the Ratings the “Site Materials”). The Ratings and Medical Provider information consists of statements of opinion and not statements of fact or recommendations to utilize the services of any specific Medical Provider.
You acknowledge and agree that if and when you access, browse or use any portion of the Site other than this Site, or if you use any Ratings or other Site Materials, then such access, browsing or use is (i) separate from your activities in this Site and your provision of any Medical Provider-Provided Material, and (ii) subject to all terms and conditions of the separate User Agreement.
- Registering and Password Maintenance
If you wish to access and use this Site, then you must choose a password and/or provide other security information during your completion of this Site’s registration process. By registering, you represent, warrant and covenant that:
- you are the Medical Provider identified in the Profile, or are expressly authorized to act on behalf of the Medical Provider identified in the Profile and are at least 18 years of age;
- you are using your actual identity and you have provided only true, accurate, complete and current information about yourself and, if you are not the Medical Provider him- or herself, the physician during the registration process; and
- you will maintain and promptly update the information that you provide to keep it true, accurate, current and complete. You may update your information at any time by logging into the Site and clicking on "Log In."
By logging onto this Site using any password, you represent, warrant and covenant that you are authorized to use such password and to engage in the activities that you conduct therein. You are solely responsible for the confidentiality and use of your password and/or security information, as well as for any activities conducted on or through this Site using your password and/or security information. If you wish to cancel a password, or if you become aware of any loss, theft or unauthorized use of a password, please notify us immediately. We reserve the right to delete or change any password and/or security information at any time and for any reason.
- Your Information; the License You Grant; and Our Relationship
Upon clicking “I Agree,” you agree to each of the following:
- You hereby grant to Mysehat.pk a perpetual, irrevocable, transferable, worldwide, royalty-free, unrestricted license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display and otherwise exploit, and allow others to engage in any and all of the foregoing, any and all Medical Provider-Provided Material that is provided to Mysehat.pk, which Medical Provider-Provided Material might include, by way of illustration but not limitation, your name, a description of your background, a description of your practice, your practice philosophy and responses to patient comments, collectively known as “Materials License”;
- You acknowledge that your Medical Provider-Provided Material may be used without restriction for any purpose whatsoever, commercial or otherwise, without any compensation or obligation to you;
- You represent that you own, or otherwise have sufficient rights and authorization in and to, all Medical Provider-Provided Material such that you may grant to Mysehat.pk the Materials License granted above;
- You acknowledge that Site users may rely upon the Medical Provider-Provided Material when selecting a Medical Provider and you agree that all Medical Provider-Provided Material that you or your practice or entity submit will be accurate, complete and not misleading in any respect;
- You acknowledge that misrepresenting oneself as a Medical Provider is an offense that is covered federal law and you agree to provide only true and accurate information regarding your identity and Medical Provider status;
- You represent that any Medical Provider-Provided Material submitted by you or your practice or entity will not contain any of the following material (“Proscribed Material”):
- material that is false, factually inaccurate or misleading;
- material that is defamatory, libelous, deceptive or fraudulent;
- material that violates any Pakistani regulation, including without limitation any law or regulation governing advertising or testimonial;
- material that discriminates against, ridicules, harasses or disparages an individual or group for any reason, or on the basis of race, religion, national origin, gender, sexual orientation, marital status, age or disability;
- material that violates any person’s privacy right;
- material that infringes or violates any person’s copyright, trademark or other intellectual property right;
- material that is obscene or derogatory;
- material that promotes violence, firearms, ammunition or weapons designed to inflict serious bodily harm;
- material that, to your knowledge, would cause Mysehat.pk, to the extent that Mysehat.pk used the Medical Provider-Provided Material as permitted under this Medical Provider Terms and Conditions, to violate any Pakistani law or regulation, including without limitation any law related to advertising or testimonials, any law concerning defamation, libel and privacy, and any copyright, trademark or other intellectual property law.
- You agree that you are accessing the Site or providing Medical Provider-Provided Material on the basis of an inquiry, application, purchase or transaction regarding the products and services offered by Mysehat.pk and that we have hereby established a business relationship;
- You agree that Mysehat.pk may contact you and/or your practice or entity, via telephone, e-mail, facsimile or other appropriate means, regarding Medical Provider-Provided Material (including without limitation requested updates or additions to the same) and other Mysehat.pk products and services.
- Term and Termination
This Medical Provider Terms and Conditions will take effect at the time you click "I Agree" or use this Site or provide Medical Provider-Provided Material. We reserve the right, at any time and for any reason, without notice to you: (a) to deny you access to this Site or related products or services; (b) to change, remove or discontinue this Site or any related products or services; or (c) to terminate this Medical Provider Terms and Conditions. Upon termination of this Medical Provider Terms and Conditions, you may no longer access, browse or use this Site or provide Medical Provider-Provided Material.
- Confidentiality on the Internet; Electronic Communications with Mysehat.pk
Use of the Internet is solely at your own risk and is subject to all applicable local, state, federal, and international laws and regulations. While we have endeavored to create a secure and reliable website, please be advised that the confidentiality of any communication or material transmitted to us over the Internet cannot be guaranteed. Consequently, neither we nor our affiliates are responsible for the security of any information transmitted via the Internet or the accuracy of the information contained on this Site.
- Site Monitoring
We reserve the right to view, monitor and record activity on this Site without notice to or permission from you. We may disclose any records, electronic communications, information, materials or other content of any kind at our sole discretion. However, we are not responsible for screening, policing, editing or monitoring this Site.
We are committed to complying with all applicable Pakistani laws and regulations, and expect all users of this Site to comply with all applicable laws and regulations as well.
If it comes to our attention, or we are notified of an allegation, that this Site or any Medical Provider-Provided Material contains any Proscribed Materials, then we may, but have no obligation to, investigate the allegation and determine in our sole discretion whether to remove or request the removal of the same from the Site or the Site.
- Events beyond Our Control; Disclaimers; Limitations of Liability
You absolve and release us and our affiliates from any claim of harm resulting from any cause(s) over which we or they do not have direct control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses or other damaging code or data, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.
THIS SITE AND THE RELATED PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE SITE AND THE RELATED PRODUCTS AND SERVICES MIGHT CONTAIN TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO: (A) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, QUALITY, PERFORMANCE OR SUITABILITY OF THIS SITE AND THE RELATED PRODUCTS AND SERVICES; AND (B) ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED OR STATUTORY, THAT THIS SITE OR THE RELATED PRODUCTS AND SERVICES WILL ASSIST YOU IN YOUR PRACTICE OR FOR ANY OTHER PURPOSE. WE DO NOT REPRESENT OR WARRANT THAT THIS SITE OR THE RELATED PRODUCTS OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE AND THE RELATED PRODUCTS AND SERVICES IS ENTIRELY AT YOUR OWN RISK. FURTHER, WE EXPRESSLY DISCLAIM ANY AND ALL RESPONSIBILITY AND LIABILITY WITH RESPECT TO SEPARATE AGREEMENTS YOU MAY MAKE WITH PATIENTS, CONSUMERS OR SITE USERS, AND YOU WILL LOOK SOLELY TO SUCH PERSONS AND/OR ENTITIES WITH RESPECT TO ANY AND ALL CLAIMS ARISING OUT OF SUCH AGREEMENTS.
NEITHER WE NOR OUR AFFILIATES WILL BE LIABLE FOR ANY DAMAGES RESULTING FROM YOUR USE OF, OR RELIANCE UPON, THIS SITE OR ITS RELATED PRODUCTS AND SERVICES. IN THE EVENT OF ANY PROBLEM WITH THIS SITE OR THE RELATED PRODUCTS OR SERVICES, YOUR SOLE REMEDY IS TO CEASE USING THIS SITE AND THE RELATED PRODUCT OR SERVICE.
UNDER NO CIRCUMSTANCES WILL WE OR OUR AFFILIATES, OR ANY OF OUR OR THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, PROPRIETORS, PARTNERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SERVANTS, ATTORNEYS, PREDECESSORS, SUCCESSORS OR ASSIGNS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS AND DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY, OR LOSS OF USE) ARISING OUT OF USE OF THIS SITE, OR ANY RELATED PRODUCTS OR SERVICES, EVEN IF WE OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You will defend, indemnify, and hold harmless Mysehat.pk and our affiliates, and our and their respective directors, officers, shareholders, proprietors, partners, employees, agents, representatives, servants, attorneys, predecessors, successors and assigns, from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys' fees and litigation expenses), relating to or arising from (a) your use of this Site and/or any related products or services or (b) any breach by you of this Medical Provider Terms and Conditions.
- Governing Law and Selection of Venue
Regardless of the jurisdiction in which you work or reside, this Medical Provider Terms and Conditions is governed by the Laws of Pakistan. The courts of Karachi shall to the exclusion of every other court have jurisdiction in relation to any action arising out of this Site or its contents.
This Site is controlled and operated by Mysehat.pk from its offices within Pakistan. We make no representation that this Site or the Site Materials are appropriate or available for use outside of Pakistan, and access to this Site or the Site Materials from territories where their contents are illegal is prohibited. Those who choose to access this Site or the Site Materials from locations outside of Pakistan do so of their own volition and are responsible for compliance with applicable local laws.
- Notices; Contacting Mysehat.pk
Any notices to you may be sent to the e-mail address that you provide to us when you register, and will be deemed given one business day after the e-mail is sent. If you have any questions about this Medical Provider Terms and Conditions, or if you need to notify us, then contact us at firstname.lastname@example.org
The following provisions will survive the termination of this this Medical Provider Terms and Conditions: 1; 2; 4; 6; 7; 8; 9; 10; 11; and 12. Failure to insist on strict performance of any provisions of this Medical Provider Terms and Conditions will not operate as a waiver of any subsequent default or failure of performance. No waiver of any provision of this Medical Provider Terms and Conditions will be valid unless in writing and acknowledged in writing or electronically by both parties. If any portion of this Medical Provider Terms and Conditions is adjudged invalid or unenforceable by a court of competent jurisdiction, the remaining portions will remain valid, enforceable, and in effect, and the parties will promptly substitute for the invalid provision an enforceable provision which resembles the invalid provision as closely as possible in intent and economic effect. No joint venture, partnership, employment or agency relationship exists between you and Mysehat.pk as a result of this this Medical Provider Terms and Conditions or your use of this Site. This Medical Provider Terms and Conditions constitutes the entire agreement between you and Mysehat.pk with respect to your use of this Site and/or provision of Medical Provider-Provided Material, and supersedes any and all prior understandings or agreements between you and Mysehat.pk, whether written or oral. You acknowledge that, in providing you access to and use of this Site, we have relied on your acceptance of this Medical Provider Terms and Conditions.