Terms & Conditions

Terms of Use

Following are the Terms of Use (the “Agreement”) applicable to the website, NeuroDAC.com (“Website”) of Sire eHealthcare (Pvt) Ltd., (“Company”) effective as of this 01 day of Jan, 2015. The Agreement is a legally binding contract between the Company and anyone who accesses or uses this Website (“User”) to avail the services of the Website (“Services”).

The Website can be accessed, viewed and used subject to User reading and accepting, without modification, of any of the terms and conditions contained in this Agreement. By accessing or using any part of this Website or related web applications (“Application”), the User states and confirms to have read, understood and agreed to the terms and conditions of the Agreement, as amended by the Company from time to time at its sole discretion. In the event of a User not agreeing to any or all of the terms and conditions of this agreement, without modification, such user is requested not to use the Website. Users are expected to review the Agreement periodically to ensure that they are aware of all changes or amendments made thereto.If the User does not agree with the amended Agreement, he/ she shall not access or use the Application.User’s continued access or use of the Website following any alteration to the Agreement constitutes User’s acceptance of those alterations or modification of the terms.

1. Eligibility. The User confirms that he is legally eligible to contract and use the website and iseither more than 18 years of age, or an emancipated minor, or possesses legal parental or guardian consent, and is fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.The Application is not intended for users under 18 years of age.

2.Use of the Web site. The information provided on this Website is for general information and business purposes. Certain sections of this Website are intended for particular audiences including,companies, customers, business partners, job seekers, media and shareholders, as well as members of the health care community and the society at large.

3. Content.The Company continues to invest reasonable efforts to include accurate and up-to-date information on this Website without making any claims or representations of any kind as to its accuracy, currency or completeness.

4.Privacy.The Companyrespects the privacy of its Website Users and has accordingly formulated a Privacy Policy (“Policy”), in compliance with the applicable laws. The use of any personally identifiable information (“Personal Information”) shall be governed by such Policy as provide on the Website and amended from time to time.

5.Guest Links. The Website may include links to other websites that are not owned or operated by the Company. The Company does not have any control over these third party websites (the “Guest Links”) and is not responsible for any information, functionality, or content accessed through the Guest Links. Furthermore, Guest Links do not represent or imply any endorsement or recommendation of such third party’s websites by or on behalf of the Company. The Users are responsible for taking the necessary precautions to protect themselves and their computer from viruses, bugs, and other harmful or destructive content that may be accessible through such Guest Links. The Owners disclaim any responsibility for any harm resulting from a User’s access or use of these Guest Links.

6.Medical Information. This Website may contain general information relating to various medical conditions and their treatment. Such information is provided solely for information purpose and is not meant to be relied upon as medical advice, a substitute for advice provided by a doctor or other qualified health care professional. A User should not use the information contained herein for diagnosing a health or fitness problem or disease. Users are advised to always consult a doctor or other health care professional for medical advice or information about diagnosis and treatment.

7. Sharing Content and Information.

7.1. The Application allows the User to submit medical information, scan reports, test report, prescriptions and other medical transcription documents (“Submissions”). These Submissions may be hosted, shared, and/or published as part of the Services, and may be visible to other users or medical experts with whom User chooses to share the Submissions with. Direct messages and other medical reports that the User sends directly to other users will only be viewable by those Users.

7.2. The User represents that he/she shall be solely responsible for the Submissions made and for the consequence of sharing them. The Application and its server is only acting as a repository of data and the Submissions do not represent the views of the Company and the Company makes no guarantees as to the validity, accuracy or legal status of any Submissions.

7.3. The User affirms, represents and/or warrants that he/she owns or has the necessary licenses, rights, consents, and permissions to use and authorize the Company to use all the proprietary rights in and to any and all Submissions to enable inclusion and use of the Submissions in the manner contemplated by the Services and these Terms

7.4. User owns all of content, network data and other information that he/she uploads on or shares through the Application. The Company does not claim any ownership rights in User’s content. After posting the content, subject to the licenses granted herein and these Terms of Use, User continues to retain ownership rights to the content, and User continues to have the right to use and license the content in any way he/she chooses.

7.5. User hereby grants the Company, during the course of User’s usage, a nonexclusive, irrevocable, perpetual, unlimited, worldwide, royalty-free, transferable, sub licensable and fully paid up right and license to copy, use, access, store, cache, process, commercialize, analyze, reproduce, distribute, prepare derivative works of and publicly display User’s Submissions and other content including, but not limited to, any User generated content, ideas, concepts, techniques or data, he/she submits to the Website, without any further consent, notice and/or compensation to User or to any third parties.

7.6. In connection with Submissions, the User further agrees that he/she will not (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless the User is the owner of such rights or has permission from their rightful owner to share the material and to grant Company all of the license rights granted therein; (ii) publish falsehoods or misrepresentation that could damage the Company or any third party.

8. Restrictions on Use.

8.1. Users shall not use the Services in order to transmit, post, distribute, store, modify or destroy material, including without limitation to content provided by the Website:

8.1.1. for any unlawful purpose or in violation of any applicable law, regulation, international law or laws of any other country; or

8.1.2. in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others, or violate the privacy or other personal rights of others; or

8.1.3. that is defamatory, libelous, obscene, threatening, abusive or is offensive to other users of the Services, such as content or messages that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; or

8.1.4. that is false or misleading; or

8.1.5. that harasses or advocates harassment of another person.

8.2. Users are also prohibited from violating or attempting to violate the security of the Application, including, without limitation the following activities: that is false or misleading; or

8.2.1. accessing data not intended for such User or logging into a server or account which the User is not authorized to access;

8.2.2. attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;

8.2.3. attempting to interfere with Services to any User, host or network, including, without limitation, via means of submitting a virus to the Application, overloading, “flooding”, “spamming”, “mail bombing”, “hacking” or “crashing”; or

8.2.4. forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Further, violations of system or network security may result in civil or criminal liability.

8.3. In addition to the above, the Users shall not:

8.3.1. modify, adapt, translate, or reverse engineer any feature of the Application;

8.3.2. Remove any copyright, trademark or other proprietary rights notices contained in the Application;

8.3.3. use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Services or for crawling the Application and scraping content or to circumvent the technological methods adopted by the Application to prevent such prohibited use;

8.3.4. reformat or frame any portion of the pages that are part of the Application;

8.3.5. create User accounts by automated means or under false or fraudulent pretenses;

8.3.6. create or transmit unwanted electronic communications such as “spam” to other Users of the Services or otherwise interfere with other User’s enjoyment of the Services;

8.3.7. submit any content or material that falsely express or imply that such content or material is sponsored or endorsed by the Company or Website;

8.3.8. transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature;

8.3.9. use of the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including those that are deemed threatening or obscene;

8.3.10. take any action that imposes, or may impose, in Company’s sole discretion, an unreasonable or disproportionately large load on the Company’s IT infrastructure;

8.3.11. create and manage more than one account of himself/herself on the Application at any given time;

8.3.12. use the Services to transmit, distribute, post, or submit any unauthorized information concerning any other person or entity, including without limitation photographs, medical information, scan reports, personal contact information, or numbers of credit, debit, or calling cards or accounts; or

8.3.13. use the Services for purposes otherwise than for personal use and shall not resell or charge others for use of or access to the Services, or in any other manner inconsistent with these Terms.

9. Remedies with the Company.

9.1. User understands and agrees that the Company may review any content on the Application, and in case the Company finds, in its sole discretion, that the User violates any of these Terms especially Clause8,the Company reserves the right to take actions to prevent/control such violation, including without limitation, removing the offending communication or content from the Application and/or terminating the registration of such violators and/or blocking their use of the Services.

9.2. The Company shall also be entitled to investigate occurrences which may involve such violations and may take appropriate legal action, involve and cooperate with law enforcement authorities in prosecuting Users who are involved in such violations.

9.3. In order to ensure a safe and effective experience for all the Users, Company reserves the right to limit the amount of data that may be accessed by them in any given time period. These limits may be amended atthe Company’s sole discretion from time to time.

9.4. The User acknowledges that in no event shall Company be liable for any damages whatsoever whether direct, indirect, general, special, compensatory, consequential, punitive or incidental, arising out of or relating to the conduct of the User or anyone else in connection with the use of the Services, including without limitation, bodily injury, emotional distress and any other damages resulting from communications with other Users of the Services or persons the User interacts with through the Services.

10. Username and Password.

10.1. The Company acknowledges that it employs industry standard security protocol to ensure that the information which Users store in, transmit or transfer through the Application is protected. The Application is hosted on a secure server. Access to data is protected by password by the database server, which only accepts connections from the web server, and all the information transmitted from the User’s account to the web server are secured by industry standard transport layer security, specifically server-side SSL. However, the Website or the Company shall not be held responsible for the loss of content or the information that is being transmitted through the Application due to any technical issues from other sources.

10.2. The User will select a username and password when completing the registration process. The User will be solely responsible for maintaining the confidentiality of the username and password, and for all activities that occur under his/her username and password. The User agrees to: (a) immediately notifiesthe Company of any unauthorized use of his/her username and password or any other breach of security; and (b) ensures that the User has logged off from your account at the end of each session. The Company will not be liable for any loss or damage arising from your failure to comply with this paragraph.

11. Intellectual Property.

11.1. The Website and all the information, images, logos, trade names, domain names, service marks and other materials on this Website, including the look and feel of the Website (collectively “Web Content”), are the exclusive intellectual property of the Company and/or its affiliates.Any unauthorized reproduction, republication, distribution, display, transmission, sale, or any other use and/or duplication of any material available on this Website or Web Content, without express and written approval of the Company shall be violation of the relevant intellectual property laws.

11.2. The Company respects the intellectual property rights of others (the “Claimant”) whose work might allegedly be infringed by the Company. If the Claimant believes that any material on the Website infringes upon their copyright, they may notify the Company through an email at admin@sirehealth.com .

12. Disclaimer & Warranties.

12.1. The Website may contain material that may be offensive or otherwise objectionable or not appropriate. It may also have technical inaccuracies, typographical mistakes, and other inadvertent errors. The Company hereby disclaims any liability or responsibility for any harm resulting from the use or access of this Website. The Website and all its Web Content are provided on “AS IS” basis to the fullest extent permitted by laws as applicable in India. The Company does not warrant that the Website or the Web Content are (a) fit for any particular purpose; (b) uninterrupted or error-free; or (c) free of defamatory, offensive, or illegal material or defects such as viruses, malfunctions, or harmful components that could damage or allow unauthorized access to the User’s computer, network, or any mobile device. The company hereby expressly disclaims all warranties of any kind what so ever, without limitation, any warranty as to merchantability, quiet enjoyment, or non-infringement. No information, whether oral or written, obtained by the user from the website or at or through the website shall create any warranty not expressly or impliedly made herein. The company makes no representations or warranties that the website is appropriate or available for use in all geographical locations.

12.2. Company is not responsible for the actions, content, information, or data of third parties, and user releases the company, its directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim the user has against any such third parties.

12.3. The company is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, providers, computer equipment, software, failure of communication on account of technical problems, or traffic congestion on the internet or at any website or combination thereof, including injury or damage to Users or User’s information and Submissions or to any other person’s computer related to or resulting from participating or downloading materials in connection with the web or in connection with the services. Company will not be liable for any failure or delay in performing under these terms where such failure or delay is due to causes beyond reasonable control of the company, including natural catastrophes, governmental acts or omissions, laws or regulations, terrorism, labor strikes or difficulties, communications systems breakdowns, hardware or software failures, transportation stoppages or slowdowns, or the inability to procure supplies or materials.

13. Limitation of Liability. Neither the Company nor any of its affiliates shall be liable for any direct, indirect, incidental, special, or consequential damages resulting from the use or the inability to use the Website or Web Content including, but not limited to, (a) damages caused by defamatory, offensive, or illegal material, (b) damages caused by viruses, malfunctions, or harmful components accessed through the site, and (c) damages for lost profits, loss of data, or other intangibles, whether foreseeable or unforeseeable.

14. Indemnification If anyone brings a claim against the Company related to User’s actions, content or information on the Application, User will indemnify and hold the Company harmless from and against all damages, losses, and expenses of any kind, including reasonable legal fees and costs, related to such claim. Although the Company provides rules for User conduct, it does not control or direct Users’ actions on the Application and is not responsible for the content or information Users transmit or share on or use in the Application. The Company is not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information User may encounter on the Application. The Company is not responsible for the conduct, whether online or offline, of any User.

15. Disputes These Terms shall be governed by, interpreted and construed in accordance with the laws of India. User will resolve any claim, cause of action or dispute or claim arising out of or relating to these Terms exclusively in the courts of law at Hyderabad, Telangana.

16. Miscellaneous The Agreement shall be interpreted, construed and enforced in accordance with the laws as applicable in India without regard to conflict/choice of law principles. In a situation where any provision of this Agreement is found to be invalid or unenforceable, such provision shall be severed from the remaining Agreement, which shall remain in full force and effect. No waiver of any breach or default of the Agreement shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used in this Agreement should not be used for any interpretative purposes as these are for mere convenience of the User.