THIS AGREEMENT IS BETWEEN YOU & ANY OTHER INDIVIDUAL OR ENTITY ON WHOSE BEHALF YOU ACCEPT THESE TERMS (collectively “User”) AND Medical U I (a unit of HARLALKA SERVICES INDIA), ITS AFFILIATES AND SUBSIDIARIES (collectively “MUI”):
1. Restrictions on Use. The MUI Web Sites are offered to you conditioned upon your acceptance without modification of the terms, conditions, and notices contained herein (the “Agreement”). Your use of the MUI Web Sites constitutes your acknowledgement and agreement to all such terms, conditions and notices, as set forth below and in all links to this Agreement. If you do not agree to accept the terms of this Agreement, you may not access or use the MUI web portal.
3. Validity of Scheme. The validity period of MUIN (Medical Unique Identification Number) shall be of 12 months from the date of enrollment. After the expiry of validity, the account of the beneficiary shall be locked until the renewal is done. The renewal validity per renewal shall be 12 months from the date of expiry.
4. Personal and Non-commercial Use Limitation. Unless otherwise specified, the MUI Web Sites are exclusively for: business use as it relates to your relationship to MUI, and your personal and other non-commercial use. Unless expressly permitted by MUI, you may not modify copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, solutions/products or services obtained from the MUI Web Sites. Subject to any applicable terms in addition to this Agreement, you may download information, software, solutions/products or services obtained from the MUI Web Sites only for business use as it related to your relationship with MUI, your personal and other non-commercial use, provided you keep intact all copyright and other proprietary notices.
5. Links to Third Party Sites/Business Relationships. MUI makes no representations whatsoever about any other web site which you may access through the MUI Web Sites. When you access a non-MUI Web Site, even one that may contain the MUI-logo or other MUI trademark, service mark or trade name, please understand that it is independent from MUI, and that MUI has no control over the content on that web site. Additionally, the MUI Web Sites may contain links to other web sites (“Linked Sites”). The Linked Sites may not be under the control of MUI and MUI is not responsible for the contents of any Linked Site not under MUI control, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. MUI is not responsible for any form of transmission received from any Linked Site. MUI makes no warranties or representations of any kind as to the accuracy, currency, or completeness of any information contained in such Linked Sites and shall have no liability for any damages or injuries of any kind arising from such content or information. MUI is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by MUI of the site or any association with its operators. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature.
6. No Unlawful or Prohibited Use. As a condition of your use of the MUI Web Sites, you warrant to MUI that you will not use the MUI Web Sites for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the MUI Web Sites in any manner which could damage, disable, overburden, or impair the MUI Web Sites or interfere with any other party’s use of the MUI Web Sites. You may not obtain or attempt to obtain any materials or information through any means not made available or provided to you through the MUI Web Sites.
7. CONTENT a. Site Content. You agree that all material, including without limitation information, data, software, text, design elements, graphics, images and other content (collectively, “Content”), contained in or delivered via the Services or otherwise made available by MUI in connection with the Services (collectively, “Site Content”) is protected by copyrights, trademarks, service marks, trade secrets or other intellectual property and other proprietary rights and laws. MUI may own the Site Content or portions of the Site Content may be made available to MUI through arrangements with third parties. Except as expressly authorized by MUI in writing or in connection with your use of the intended functionality of the Services, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of any Site Content or post any Site Content on any other web site or in a networked computer environment for any purpose whatsoever. However, you may print or download a reasonable number of copies of the Site Content for your own informational purposes, provided that you retain all copyright and other proprietary notices contained therein. Reproducing, copying or distributing any Site Content for any other purpose is strictly prohibited without the express prior written permission of MUI. You shall only use the Site Content for purposes that are permitted by these Agreement and as permitted by all applicable laws and regulations (foreign and domestic). Any rights not expressly granted herein are reserved.
c. Certain Restrictions. You understand that you are solely liable for all Content, in whatever form, that you provide or otherwise make available to or through the Services. You agree not to use the Services to: (i) upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) harm minors in any way; (iii) facilitate gambling, gaming, lotteries, raffles, contests, sweepstakes and/or any other activity featuring the award of a prize other than raffles, contests or sweepstakes which shall be conducted in a manner that complies with all applicable and governing laws and regulations; (iv) impersonate any person or entity, including, but not limited to, a MUI representative or falsel&or otherwise misrepresent your affiliation with any person or entity; (v) upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (vi) upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other intellectual property or proprietary rights of any person or entity; (vii) upload, post, email, transmit or otherwise make available any Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to otherwise interact with the Services in a manner not permitted by this Agreement or expressly authorized by MUI; (viii) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; or (ix) intentionally or unintentionally violate any applicable law or regulation (foreign or domestic).
d. You acknowledge that MUI does not always pre-screen all Content provided or made available by you or any third party in connection with the Services, but that MUI and its designees shall have the right (but not the obligation) in their sole and exclusive discretion to (i) monitor, alter or remove any of your Content, in whole or in part and/or (ii) rescind and terminate your right to use the Services at any time (with or without notice) for any reason or no reason. You acknowledge and agree that MUI may preserve your Content and may also disclose your Content for any reason, including without limitation if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Agreement; (iii) respond to claims that any of your Content violates the rights of third parties and/or (iv) protect the rights, property, or personal safety of MUI, its users and/or the public. You understand that the technical processing and transmission of the Services, including Your Content, may involve (i) transmissions over various networks and/or (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
8. Software, Hardware and Services Available on the MUI Web Sites.
a. Any software that is made available to download from the MUI Web Sites, is the copyrighted work of MUI and/or its suppliers (“Software”). Any hardware or services ordered through the MUI Web Sites and your use of the Software is governed by the terms of the business agreement or end user agreement, if any, which accompanies or is included with the Software (“License Agreement”) or the agreement which either you or your employer currently has with MUI. You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.
10. Copyright and Trademark Notices. All contents of the MUI Web Sites are: Copyright 2015. MedicalUI, All rights reserved. The software and documentation are protected by copyright laws as well as international copyright treaties. Material found on the MUI Web Sites contains the valuable properties of MUI, embodying substantial creative efforts, no part of which may be reproduced or transmitted in any form or by any means, or retained in any storage or retrieval system, without the express written permission of MUI. The use or misuse of these trademarks, service marks, trade names, copyrights, or other materials (collectively “Intellectual Property”), except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law, the law of slander and libel, the law of privacy and publicity, communications regulations and statutes, and other laws, statutes and/or regulations. MUI For information about referencing or using MUI Marks (trademarks, service marks and tradenames), please contact MUI directly.
11. Notices and Procedures for Making Claims of Copyright Infringement. MUI will respond expeditiously to claims of copyright infringement committed at the MUI Web Sites or at a location to which MUI provides a link, that are reported to the individual designated below. If you are a copyright owner, or are authorized to act on behalf of an owner of any exclusive right under copyright, and you believe that your work has been copied in a way that constitutes copyright infringement by MUI or a user, you may submit a notice of infringement to the individual designated below. MUI may, in appropriate circumstances, terminate a MUI Web Site user if he or she is a repeat infringer. If you believe that a MUI Web Site user is a repeat infringer, please follow the instructions above to contact MUI’s designated agent and provide information sufficient for MUI to verify that the user is a repeat infringer.
a. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS MUI, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS AND SUPPLIERS FROM AND AGAINST ALL CLAIMS, LIABILITIES, LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM ANY VIOLATION OF THIS AGREEMENT OR ANY ACTIVITY RELATED TO YOUR USE OF THE MUI WEB SITES AND ANY ACCOUNT YOU MIGHT HAVE (INCLUDING INFRINGEMENT OF THIRD PARTIES’ WORLDWIDE INTELLECTUAL PROPERTY RIGHTS, MISAPPROPRIATION OF TRADE SECRETS OR OTHER PROPRIETARY RIGHTS OR NEGLIGENT OR WRONGFUL CONDUCT).
b. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS MUI, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS AND SUPPLIERS FROM AND AGAINST ALL CLAIMS, LIABILITIES, LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM UPLOADING OF INCORRECT INFORMATION / DATA / RECORDS IN MUI WEBSITE BY YOU OR ANY THRID PARTY (INCLUDES BUT NOT LIMITED TO HEALTHCARE SERVICE PROVIDERS).
13. Waiver, Release and Limitation of Liability. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST MUI, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE MUI WEB SITES. THIS SECTION WILL NOT APPLY TO CLAIMS ARISING FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT BY MUI OR ANY OTHER CLAIMS IN RESPECT OF LIABILITY THAT CANNOT BE LAWFULLY EXCLUDED OR LIMITED.
14. Term & Termination. Either you or MUI may terminate your right to use the MUI Web Sites at any time, with or without cause, upon notice. In addition, MUI may withdraw, suspend or discontinue any functionality or feature of the MUI Web Sites; provided, however, that if your agreement with MUI provides for the continued use of any functionality or feature, MUI will continue to provide that respective functionality or feature to you subject to the provisions of such agreement. The provisions concerning Copyrights, Indemnification, Waiver, Release and Limitation of Liability, and General shall survive any termination of this Agreement.
15. Notice. MUI may deliver notice to you under this Agreement by means of electronic mail or a general notice on the MUI Web Sites. You may give notice to MUI at any time via electronic mail to firstname.lastname@example.org. Legal. Information on the MUIWeb Sites may be changed or updated without notice. MUImay also make improvements and/or changes in the solutions and/or the services described on the MUIWeb Sites at any time without notice. In the event of any conflict between the terms of this Agreement and the terms and conditions of a dually-executed agreement between MUIand User, the terms of the dually-executed agreement between MUIand User shall have precedence.
16. Global Availability. MUI makes no representations that the information on the MUI Web Sites is appropriate or available for use in other locations, and access to them from territories where their content is illegal or prohibited. Those who choose to access the MUI Web Sites from other locations do so on their own initiative and are responsible for compliance with applicable local laws. Information MUI publishes on the World Wide Web may contain references or cross references to MUI solutions, programs and services that are not announced or available in your country. Such references do not imply that MUI intends to announce such solutions, programs or services in your country. Consult your local MUI business contact for information regarding the solutions, programs and services which may be available to you.
17. MUI holds the rights to withdraw this program at its discretion.
18. These terms and conditions shall be governed according to the laws of India. All disputes will be subject to the exclusive jurisdiction of the courts of Bangalore. MUI’s Terms and Conditions are governed by the laws of Republic of India and will be restricted to Bangalore jurisdiction under the Bangalore High Court.
19. All queries in related to this program shall be addressed to: email@example.com