Welcome to the Medical Portal Dot Asia Web site (this "Portal") provided by Flip Care, ("Medical Portal Dot Asia," "we" or "us"). Medical Portal collects data and other
information regarding hospitals, physicians, long-term care facilities and other providers of healthcare services (collectively, "Healthcare Providers") from a variety
of sources. Medical Portal uses proprietary processes and algorithms to select, compile and adjust certain data to generate ratings of the Healthcare Providers ("Ratings").
On this Portal, Medical Portal makes available Ratings and other information, profiles and materials regarding Healthcare Providers (collectively with the Ratings,
the "Portal Materials").
This user agreement ("User Agreement") governs your access to and use of this Portal and the Portal Materials and constitutes a binding agreement between you and Medical Portal. Please note that we reserve the right, at our sole discretion, to change this User Agreement from time to time. Your continued use of this Portal or any Portal Materials after any such change takes effect will be deemed to constitute your acceptance of and agreement to the new User Agreement.
PLEASE READ THIS USER AGREEMENT CAREFULLY BEFORE ACCESSING, USING OR BROWSING THIS PORTAL OR ANY PORTAL MATERIALS. BY CLICKING ON "I AGREE," OR BY ACCESSING, USING OR BROWSING THIS SITE OR ANY SITE MATERIALS, YOU, ON BEHALF OF YOURSELF OR YOUR ENTITY, AS APPLICABLE, ACKNOWLEDGE AND CONFIRM THAT: (A) YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS AND CONDITIONS OF THIS USER AGREEMENT; (B) YOU OR YOUR ENTITY, AS APPLICABLE, AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS USER AGREEMENT AND ACKNOWLEDGE THAT THIS USER AGREEMENT IS THE LEGAL EQUIVALENT OF A SIGNED, WRITTEN CONTRACT BETWEEN MEDICALPORTAL AND YOU OR YOUR ENTITY, AS APPLICABLE; AND (C) IF ACCESSING, USING OR BROWSING THIS SITE ON BEHALF OF AN ENTITY, YOU HAVE FULL AUTHORITY TO BIND YOUR ENTITY TO ALL OF THE TERMS AND CONDITIONS OF THIS USER AGREEMENT. IF YOU OR YOUR ENTITY, AS APPLICABLE, ARE NOT WILLING TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION THE PRECEDING ACKNOWLEDGEMENT AND AGREEMENT, DO NOT SELECT THE 'I AGREE' BUTTON ASSOCIATED WITH THIS USER AGREEMENT AND DO NOT ACCESS, USE OR BROWSE OUR SITE; MEDICALPORTAL DOES NOT AND WILL NOT GRANT YOU ANY RIGHT OR LICENSE TO ACCESS, USE OR BROWSE THIS PORTAL OR THE PORTAL MATERIALS.
1. No Recommendations or Medical Advice
Medical Portal is not a referral service and does not recommend or endorse any particular Healthcare Provider. Rather, Medical Portal is only an intermediary that provides selected information about Healthcare Providers. We do not offer advice regarding the quality or suitability of any particular Healthcare Provider for specific treatments or health conditions, and no information on this Site should be construed as health or medical advice. The Ratings and Healthcare Provider information consists of statements of opinion and not statements of fact or recommendations to utilize the services of any specific Healthcare Provider. You should obtain any additional information necessary to make an informed decision prior to utilizing any specific Healthcare Provider.
You assume all responsibility in connection with choosing any Healthcare Provider, whether or not you obtained information about such Healthcare Provider on or through this Site. Medical Portal and its licensors, suppliers and affiliates (collectively, the "Affiliates"), and the directors, officers, agents, and representatives of each, assume no (and hereby disclaims all) responsibility or liability of any kind, for any advice, treatment or other services rendered by any Healthcare Provider, or for any malpractice claims and other claims that may arise directly or indirectly from any such advice, treatment or other services.
Upon clicking "I Accept," Medical Portal grants you a revocable, non-exclusive, non-transferable, limited license to access and view this Portal and the Portal Materials, and to copy, download, store and/or print only a single copy of any Portal Materials, solely for your non-commercial, personal use and not for resale, disclosure or distribution to anyone else. With respect to any permitted copy of the Portal Materials, you will reproduce and include all copyright, confidentiality and other proprietary notices included in such Portal Materials on any such copy. All rights not expressly granted to you herein are reserved by Medical Portal; there are no implied licenses under this Agreement. The license granted to you in this User Agreement is expressly conditioned on your continued compliance with this User Agreement. Please note that Medical Portal, in its sole discretion, may change this User Agreement from time to time and your continued use of this Portal or any Portal Materials after any such change takes effect will be deemed to constitute your acceptance of and agreement to the changed User Agreement.
3. Ownership; Confidentiality
As between you and Medical Portal, all right, title and interest in and to the Portal and the Portal Materials, including without limitation the Ratings, and the 1-3-5 star rating system and methodology, together with all intellectual property rights embodied therein, are the property of Medical Portal or Medical Portals' Affiliates. The Portal and Portal Materials are protected by law, including but not limited to international copyright law, trademark law, trade secret law, as well as other state, federal, and international laws, regulations and treaties (collectively, "IP Laws"). Medical Portal does not claim any rights in unaltered government data.
You agree not to engage in any activity that would constitute copyright infringement with respect to the Portal Materials, including without limitation the Ratings, Showcasing, Directory Listing, and/or the 1-3-5 star rating system and methodology. You acknowledge that Medical Portals selected, compiled, arranged and adjusted data and information regarding Healthcare Providers and the Ratings are original compilations containing material wholly and exclusively original to Medical Portal. You may not reproduce, create derivative works of, distribute, publicly perform or publicly display the Site Materials or any portion thereof without Medical Portals' prior written consent. By way of illustration but not limitation, except as expressly permitted in this User Agreement or otherwise permitted by us in writing, you may not, directly or indirectly, transmit, download, upload, post, sell, rent, license, transfer, disclose, mirror, frame, reverse engineer, decompile, disassemble, or use any aspect of this Portal or any Portal Materials in whole or in part, in any form or by any means. Also by way of illustration but not limitation, except as expressly permitted in this User Agreement or otherwise permitted by us in writing, you may not, directly or indirectly, use any of the Ratings & Showcases for any purposes other than your personal, non-commercial evaluation of Healthcare Providers, to compile mailing lists or other lists of Healthcare Providers for commercial purposes, to establish independent data files or compendiums of statistical information or in violation of any applicable laws or regulations.
Further, you agree not to engage in any activity that would constitute unfair competition or trademark infringement in connection with the Site Materials, including without limitation the Ratings. You acknowledge that FlipCare™, Medicalportal.asia, (collectively, " Medical Portal Marks") are service marks and trademarks of Medical Portal. You acknowledge that Medical Portal actively and extensively uses and promotes the Medical Portal Marks and that there is substantial goodwill associated with the Medical Portal Marks. You agree not to cite (orally, in writing or otherwise), reproduce or re-publish the Ratings and Medical Portal Marks in any manner likely to deceive or cause confusion in the marketplace. You understand and agree that, due to the nature of Medical Portals' products and services, any unauthorized citation, reproduction or re-publication of the Ratings and use of any of the Medical Portal Marks is likely to be deceptive and cause confusion in the marketplace, suggest non-existent sponsorship or endorsement by Medical Portal, misappropriate Medical Portal ' reputation, goodwill business opportunities and revenues, or otherwise misappropriate the cachet of Medical Portals' products and/or services; thus, you agree not to cite (orally, in writing or otherwise), reproduce or re-publish the Medical Portal Marks without the prior written permission of Medical Portal and you hereby waive any right to assert any "nominative fair use" or "nominative use" defense in any trademark infringement action brought against you in the event that you do cite, reproduce or re-publish the Ratings and Medical Portal Marks without the prior written permission of Medical Portal. You further acknowledge that other names and logos contained in this Site or in the Site Materials are trademarks and service marks of third parties and may not be used without the permission of the trademark or service mark owner.
Please be aware that we actively and aggressively enforce our intellectual property rights to the fullest extent of the law. Please send an e-mail to firstname.lastname@example.org to receive additional information about the possibility of alternative arrangements regarding the Flip Care Review system.
4. Password Maintenance and Responsibility
If you wish to access certain areas of this Site or the Site Materials available on or through certain areas of this Site, you must choose a password during your completion of this Site's registration process. By registering, you represent, warrant and covenant that: (a) you are at least 18 years of age; (b) you are using your actual identity; (c) you have provided only true, accurate, current and complete information about yourself during the registration process; and (d) 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 "Account 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 thereunder. You are solely responsible for the confidentiality and use of your password, as well as for any activities conducted on or through this Site using your password. 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 at any time and for any reason.
5. Term and Termination
This User Agreement will take effect at the time you click "I Agree" or access, use or browse this Site or any Site Materials. We reserve the right, at any time and for any reason, without notice to you: (a) to deny you access to this Site, the Site Materials or any portion thereof; (b) to change, remove or discontinue the Site or any portion thereof, or any of the Site Materials or services available on or through this Site; or (c) to terminate this User Agreement. Upon termination of this User Agreement, all licenses granted to you under this User Agreement immediately and automatically terminate and you may no longer access, browse or otherwise use this Site, the Site Materials or any portion thereof.
7. Links to Other Sites
This Site may contain links to other sites on the World Wide Web for the convenience of our users. These other sites have not been reviewed by us and are maintained by third parties over which we exercise no control. Accordingly, we expressly disclaim any responsibility for the content, policies and practices of these other sites and for the availability, accuracy, reliability, completeness, currency, quality, performance or suitability of the information, products and services available or advertised on or through these other sites. Moreover, these links do not imply, directly or indirectly, our endorsement of or affiliation with any other site or site owner, or any information, products or services provided by any third party. When leaving this Site, you should be aware that our terms and policies may no longer govern, and, therefore, you should review the applicable terms and policies of each linked site.
8. Third Party Content and Privacy Information Delivered to Third Parties
Some of the Site Materials, including but not limited to, certain healthcare information, product reviews, news, data, research, analysis and opinions, are provided by independent information providers ("IIPs"). We make no representations with respect to, nor do we guarantee or endorse the availability, accuracy, reliability, completeness, currency, quality, performance, suitability, or correct sequencing of any information, materials or other content provided by any of the IIPs. We do not endorse, oppose or edit any opinion or analysis expressed by any of the IIPs. We assume no responsibility or liability for any information, materials or other content provided by any of the IIPs. Moreover, any private information you deliver to third parties accessed through a link at the Site will be held subject to the privacy policies of that third party, and not Medical Portal.
9. Submissions - Rules and Permission to Use
Any and all materials (other than information given in connection with registration, which shall be treated as set forth in other provisions of this User Agreement), including without limitation patient surveys, physician responses, suggestions, feedback, ideas, concepts, comments, illustrations and other materials that you disclose or offer to us on or in connection with this Site or any Site Materials ("Submissions") are submitted by you without any restrictions or expectation of confidentiality. You hereby assign to us without additional consideration or further obligation, all rights now known or hereafter existing to use, allow others to use, or assign the right to use, the Submissions. You further agree that your Submissions may be used without restriction for any purpose whatsoever, commercial or otherwise, without compensation to you, including the right to use, reproduce, modify, adapt, publish, transmit, publicly perform or display, translate, create derivative works from, or otherwise communicate to the public the Submissions on this Portal or elsewhere by us, our assigns or others we have allowed to use your Submissions. You will not assert any proprietary right or moral right of any kind with respect to any Submissions.
You represent and warrant to Medical Portal that:
10. Confidentiality on the Internet
Use of the Internet is solely at your own risk and is subject to all applicable local, global, and international laws and regulations. While we have endeavoured to create a secure and reliable site, 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, the accuracy of the information contained on this Site, or for the consequences of any reliance on such information. You must make your own determination as to these matters.
11. Electronic Communications with Medical Portal
Should you elect to send or receive e-mail communications of any kind to or from Medical Portal, you represent and warrant to Medical Portal that your e-mail service has appropriate and adequate security systems necessary to prevent unauthorized access to outbound or inbound e-mail transmissions. You further agree that the content (including any Site Materials) in any e-mail or other electronic communication you receive from Medical Portal is subject to the provisions of this User Agreement.
12. 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: (a) if we believe in good faith that applicable law, regulation or legal process requires it; (b) if such disclosure is necessary or appropriate to operate this Site; or (c) to protect our rights or property or the rights or property of our users and business partners. However, we are not responsible for screening, policing, editing or monitoring this Site.
We are committed to complying with all applicable International laws and regulations, including without limitation copyright and related laws, and expect all Users of this Portal to comply with all applicable laws and regulations as well. Using this Portal to transmit any Proscribed Materials is expressly prohibited under the User Agreement.
If it comes to our attention, we discover or we are notified of an allegation that this Portal or a Submission 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 this Portal. Notices to us regarding any alleged violation of this User Agreement or copyright infringement on this Portal should be directed to Medical Portal at the following e-mail address: email@example.com.
13. Events Beyond Our Control
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 labour problems, wars, or governmental restrictions, and disclosure of your private health information that you have provided to third parties through links on our Site.
THIS PORTAL AND THE PORTAL MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND ARE INTENDED FOR INFORMATIONAL PURPOSES ONLY. WHILE WE ENDEAVOR TO PROVIDE THE MOST ACCURATE, UP TO DATE INFORMATION AVAILABLE, THE SITE MATERIALS MAY CONTAIN TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS, AND MAY BE CHANGED OR UPDATED WITHOUT NOTICE.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (A) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, QUALITY, PERFORMANCE OR SUITABILITY OF THIS SITE, THE SITE MATERIALS, OR ANY PRODUCTS, SERVICES OR RESULTS OBTAINED ON OR THROUGH THIS PORTAL; 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, THAT THIS SITE OR ANY SITE MATERIALS WILL ASSIST YOU IN IDENTIFYING A SUITABLE HEALTHCARE PROVIDER OR FOR ANY OTHER PURPOSE. WE DO NOT REPRESENT OR WARRANT THAT THIS SITE 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 SITE MATERIALS 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 HEALTHCARE PROVIDERS OR WITH THIRD PARTIES WHO OFFER PRODUCTS OR SERVICES ON OR THROUGH THIS SITE, AND YOU WILL LOOK SOLELY TO SUCH HEALTHCARE PROVIDERS AND THIRD PARTIES WITH RESPECT TO ANY AND ALL CLAIMS ARISING OUT OF SUCH AGREEMENTS AND/OR SUCH PRODUCTS OR SERVICES.
15. Limitations of Liability
NEITHER WE NOR OUR AFFILIATES WILL BE LIABLE FOR ANY DAMAGES RESULTING FROM YOUR USE OF, OR RELIANCE UPON, THIS SITE, ANY SITE MATERIALS, OR ANY PRODUCTS OR SERVICES OBTAINED ON OR THROUGH THIS SITE. IN THE EVENT OF ANY PROBLEM WITH THIS PORTAL, ANY PORTAL MATERIALS, OR ANY PRODUCTS OR SERVICES OBTAINED ON OR THROUGH THIS PORTAL, YOUR SOLE REMEDY IS TO CEASE USING SUCH ITEM(S).
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, ANY PORTAL MATERIALS, ARRANGEMENTS MADE BASED ON INFORMATION OBTAINED ON OR THROUGH THIS PORTAL, OR PRODUCTS OR SERVICES OBTAINED ON OR THROUGH THIS PORTAL, EVEN IF WE OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Because some countries do not allow the exclusion or limitation of liability for consequential or incidental damages, this limitation may not apply to you.
You will defend, indemnify, and hold harmless Medical Portal 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 Portal, any Portal Materials, or any products or services obtained on or through this Portal, (b) any arrangements you make based on information obtained on or through this Portal or (c) any breach by you of this User Agreement.
17. Governing Law and Selection of Venue
Regardless of the jurisdiction in which you work or reside, this User Agreement is made in India, and will be construed and enforced in accordance with Indian law (without regard to its provisions governing conflicts of law), as applied to agreements entered into and completely performed in India, and except and to the extent that the Health Insurance Portability and Accountability Act ("HIPAA") Privacy Rule applies to any health-related information you provide to Medical Portal (in which case such HIPAA Privacy Rule governs), the privacy laws of the India will govern.
ANY ACTION ARISING OUT OF THE CONTENT OF THIS PORTAL, YOUR USE OF THE PORTAL MATERIALS OR YOUR UNAUTHORIZED CITATION, REPRODUCTION OR RE-PUBLICATION OF ANY HEALTHCARE PROVIDER RATINGS OR USE OF ANY HEALTHGRADES MARKS, OR ANY ACTION TO ENFORCE THIS USER AGREEMENT WILL BE BROUGHT ONLY IN INDIAN COURTS, AND YOU EXPRESSLY AGREE TO BE SUBJECT TO THE JURISDICTION OF SUCH COURTS. USE OF THIS SITE IS LIMITED SOLELY TO PERSONS WHO AGREE TO RESOLVE ANY AND ALL DISPUTES PERTAINING TO THIS PORTAL IN INDIAN COURTS, AND SUCH AN AGREEMENT IS AN EXPRESS CONDITION TO USE OF THIS SITE.
This Portal is controlled and operated by Flip Care from its offices within the India & UK. We make no representation that this Portal or the Portal Materials are appropriate or available for use globally, and access to this Portal or the Portal Materials from territories where their contents are illegal is prohibited. Those who choose to access this Portal or the Portal Materials from locations globally do so of their own volition and are responsible for compliance with applicable local laws.
18. Notices; Contacting Medical Portal
All notices to you will be sent to the e-mail address that you provide to us when you register. Such notice will be deemed given one business day after the e-mail is sent.
If you have any questions about this User Agreement, the Portal or the Portal Materials, or if you need to notify us, then contact us at firstname.lastname@example.org
The following provisions will survive the termination of this User Agreement: 1; 3; 6; 7; 8; 9; 10; 11; 12; 13; 14; 15; 16; 17; and 19. Failure to insist on strict performance of any provisions of this User Agreement will not operate as a waiver of any subsequent default or failure of performance. No waiver of any provision of this User Agreement will be valid unless in writing and acknowledged in writing or electronically by both parties. If any portion of this User Agreement 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 Medical Portal as a result of this User Agreement or your use of this Portal or any Portal Materials. This User Agreement constitutes the entire agreement between you and Medical Portal with respect to your use of this Portal and the Portal Materials, and supersedes any and all prior understandings or agreements between you and Medical Portal, whether written or oral. You acknowledge that, in providing you access to and use of this Portal and the Portal Materials, we have relied on your acceptance of this User Agreement.
Date Last Updated: 12 August 2014