Welcome to Vedavi Medic. These Terms of Service contain the terms and conditions that govern all use of our Platform (as defined below) and Services (as defined below) and all content, services and/or products available on or through the Platform (collectively, the Vedavi Medic ).
The Vedavi Medic are offered to you subject to your acceptance, without modification (other than Special Terms (as defined below) agreed by the parties pursuant to these Terms of Service), of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, our Privacy Policy at https://vedavimedic.com/policy/), the Guidelines (as defined below) and any future modifications thereof, and procedures that may be published from time to time on the Platform or made available to you on or through the Vedavi Medic Services (collectively, the “Terms”). When accepted by you (as defined below), these Terms form a legally binding contract between you and Supplier (as defined below). If you are entering into these Terms on behalf of an entity, such as your employer or the company you work for, you represent that you have the legal authority to bind that entity.
PLEASE READ THESE TERMS CAREFULLY. BY REGISTERING FOR, ACCESSING, BROWSING, AND/OR OTHERWISE USING THE VEDAVI MEDIC SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT ACCESS, BROWSE OR OTHERWISE USE THE PLATFORM OR THE VEDAVI MEDIC SERVICES.
Supplier may, in its sole discretion, elect to suspend or terminate access to, or use of the Vedavi Medic Services to anyone who violates these Terms.
The original language of these Terms is English. Supplier may make available translations for convenience. In case of conflicts between the original English version and any translation, the English version shall prevail.
| Account | The primary means for accessing and using the Vedavi Medic Services; |
|---|---|
| Activity | appointments, patient records, billing, queue, messages or any activity done inside the app and on the website; |
| Authorization | the set of rights and privileges on the Website assigned to a User or Sub-User by a Client; |
| Client | a natural or legal person who has accepted these Terms with the Supplier; |
| Client Data | files and any other digital data and information, which is subjected to the Vedavi Medic Services or otherwise inserted to the System by the Client (including the specific Users, Patients, persons, Organizations, Patient information, Patient Health Records, Patient Notes, Appointments, Billings, Messages associated with the Client); |
| Content | any data and information available through Vedavi Medic Services or contained within the structure of the System, articles, documents, brochures, presentations, pictures, images, audiovisual works, other informational materials and any comments; |
| Files | documents of any kind(images, spreadsheets, text files, etc.) that are inserted to the System by the Client, and usually associated with a particular Deal, Person or Organization; |
| Free Trial | temporary access for the purposes of trying out the Website and Vedavi Medic Services in accordance with any selected Plan without paying a Fee; |
| Guidelines | additional guidelines or rules applicable to specific features, applications, products, or services which may be posted from time to time on the Platform or otherwise made available on or through the Vedavi Medic Services; |
| Vedavi Medic | |
|---|---|
| Materials | the visual interfaces, graphics, design, system, methods, information, computer code, software, services, “look and feel”, organization, compilation of the content, code, data, and all other elements of the Vedavi Medic Services; |
| Services | the Website, Services, System, Content, Platform and all content, services and/or products available on or through the Platform; |
| Special Terms | any particulars, specifications and conditions by which the parties have agreed to deviate from these Terms; |
| Supplier | as the context requires, Vedavi Medic and collectively the “Suppliers”; |
| System | the integrated cloud computing solution for providing the Vedavi Medic Services, including applications, software, hardware, databases, interfaces, associated media, documentation, updates, new releases and other components or materials provided therewith; |
| User | a natural person granted with Authorization to use the Account on behalf of a Client; |
| Website | the compilation of all web documents (including images, scripts, django and html files) made available via veda.vi or its sub domains or domains with identical names under other top domains and owned by Supplier. |
The use of the Vedavi Medic Services is subject to acceptance of these Terms. To accept these Terms for itself or on behalf of a Client, a person must have the legal capacity to do so. In the case of an individual, the individual must be at least 18 years of age or have valid authorization from his/her legal representative or custodian. In the case of a legal entity, the entity must be duly incorporated and in good standing.
The Terms are accepted as soon as one of the following occurs first:
You may not, without Supplier’s prior written consent, access the Vedavi Medic Services (i) for production purposes, (ii) if you are a competitor of Vedavi Medic, (iii) to monitor the availability, performance or functionality of the Vedavi Medic Services or (iv) for other benchmarking or competitive purposes.
Once accepted, these Terms remain effective until terminated as provided for herein.
Supplier reserves the right, at its sole discretion, to change, modify, add, or remove portions of the Terms at any time by posting such changes on or through the Platform or the Vedavi Medic Services. Please check these Terms periodically for changes. Your continued use of the Vedavi Medic Services after such changes have been posted as provided above constitutes your binding acceptance of such changes. Such amended Terms will automatically be effective upon the earlier of (i) your continued use of the Vedavi Medic Services, or (ii) 30 days from posting of such modified Terms on or through the Platform. Notwithstanding the foregoing, the resolution of any dispute that arises between you and Supplier will be governed by the Terms in effect at the time such dispute arose.
Supplier will (a) make the Vedavi Medic Services, Content and Client Data available to a Client pursuant to these Terms, (b) provide applicable standard support for the Vedavi Medic Services to Client at no additional charge, and/or upgraded support (for an additional charge, if applicable), (c) use commercially reasonable efforts to make the Vedavi Medic Services available 24 hours a day, 7 days a week, except for: (i) planned downtime (of which Supplier shall give advance electronic notice as provided in the Guidelines), and (ii) any unavailability caused by circumstances beyond Supplier’s reasonable control, including, for example, an act of God, act of government, flood, fire, earthquake, civil unrest, act of terror, strike or other labor problem, Internet service provider failure or delay, or denial of service attack.
Supplier will maintain administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of Client Data, as described in the Guidelines. Those safeguards will include, but will not be limited to, measures for preventing access, use, modification or disclosure of Client Data by Supplier personnel except (a) to provide the Vedavi Medic Services and prevent or address service or technical problems, (b) as compelled by law in accordance with Section 7.5 (Compelled Disclosure) below, or (c) as a Client or User expressly permit in writing.
The Services may be performed using equipment or facilities located in India and elsewhere from where the Supplier’s team operates from.
Certain features, functions, parts or elements of the Vedavi Medic Services can be used or accessed only by holders of an Account. The person who wishes to create an Account must:
Each Client may have only one Account. If several persons need to use an Account on behalf of Client, Client must designate such persons as Users or Sub-Users. Each such User or Sub-User shall be subject to the restrictions set forth in these Terms.
If Client has designated Users or Sub-Users and granted them Authorization, such Users or Sub-Users will be deemed to be authorized to act on behalf of Client when using the Account. Supplier is not responsible for verifying the right of representation or validity of Authorization of any User or Sub-Users. However, Supplier may ask additional information or proof of the person’s credentials.
A User or Sub-Users may be associated with multiple Clients and Accounts. Deleting a User or Sub-Users from one Account will not remove the User or Sub-Users from the Platform if he/she is connected to multiple Accounts.
The Client and any User or Sub-Users associated with an Account must provide Supplier with true, accurate, current, and complete information about the Client, Users, Sub-Users or Account and keep it up to date.
If the Client uploads Client Data to the Platform, such Client Data and any processing of such Client Data must be in compliance with these Terms and applicable law. All rights, title and interest in and to the Client Data belong to the Client or third persons (including Users, Sub-Users, persons and Organizations) whether posted and/or uploaded by you or made available on or through the Vedavi Medic Services by Supplier. By uploading Client Data to the Platform, Client authorizes Supplier to process the Client Data. The Client is responsible for ensuring that:
Supplier does not guarantee any accuracy with respect to any information contained in any Client Data, and strongly recommends that you think carefully about what you transmit, submit or post to or through the Vedavi Medic Services. You understand that all information contained in Client Data is the sole responsibility of the person from whom such Client Data originated. This means that Client, and not Supplier, is entirely responsible for all Client Data that is uploaded, posted, transmitted, or otherwise made available through the Vedavi Medic Services, as well as for any actions taken by the Suppliers or other Clients or Users as a result of such Client Data.
A Client may, in certain circumstances, allow Supplier to expose their Client Data to other Clients or Users for training and marketing purposes. You understand that Supplier cannot, and does not, review all Client Data and does not endorse any Client Data. You further understand and acknowledge that you may be exposed to other Client’s Client Data that is inaccurate, misleading, offensive, indecent, or objectionable. Supplier shall not be responsible for any Client Data, including, without limitation for the accuracy, completeness, relevancy, content of any Client Data.
Supplier is not obliged to pre-screen, monitor or filter any Client Data or acts of its processing by the Client in order to discover any unlawful nature therein. However, if such unlawful Client Data or the action of its unlawful processing is discovered or brought to the attention of Supplier or if there is reason to believe that certain Client Data is unlawful, Supplier has the right to:
If Supplier is presented convincing evidence that the Client Data is not unlawful, Supplier may, at its sole discretion, restore such Client Data, which was removed from the Website or Account or access to which was restricted.
In addition, in the event Supplier believes in its sole discretion Client Data violates applicable laws, rules or regulations or these Terms, Supplier may (but has no obligation), to remove such Client Data at any time with or without notice.
Without limiting the generality of the preceding sentence, Vedavi Medic complies with the Copyright Act of 1957, and will remove Client Data from the Platform upon receipt of a compliant takedown notice.
Supplier may disclose a Client’s confidential information to the extent compelled by law to do so. In such instance, Supplier will use commercially reasonable efforts to provide Client with prior notice of the compelled disclosure (to the extent legally permitted) and Client shall provide reasonable assistance, at its cost, if Client wishes to contest the disclosure. If Supplier is compelled by law to disclose Client’s confidential information as part of a civil proceeding to which Supplier is a party, and Client is not contesting the disclosure, Client will reimburse Supplier for its reasonable cost of compiling and providing secure access to that confidential information.
Subject to these Terms, Supplier grants Client and its authorized users a non-exclusive, non-transferable, non-sub-licensable license to use the Vedavi Medic Services to:
Supplier shall provide reasonable technical support to Client and its authorized User or Sub-User at the reasonable request of the Client. Supplier shall respond to enquiries of support from a Client utilizing the contacts set forth below as soon as reasonably possible. Responding to enquiries of Clients and Users who have accepted these Terms but do not have an Account may be less expedient, or may not occur at all.
The contacts for all enquiries of support are:
Supplier reserves the right to modify the Vedavi Medic Services or any part or element thereof from time to time without prior notice, including, without limitation:
As applicable, Client may be notified of such modifications when logging in to the Account. Modifications will become effective thirty (30) days before the effective date of such modification.
If the Client does not accept the modification, the Client shall notify Supplier before the effective date of the modification, and these Terms will terminate on the effective date of the modification. The Client’s continued use of the Vedavi Medic Services, or any part or element thereof, after effective date of modifications shall indicate its consent to the modifications. Supplier shall not be liable to the Client or to any third person for any modification, suspension or discontinuance of the Vedavi Medic Services, or any part or element thereof.
Client and its authorized Users may use the Vedavi Medic Services and any part or element thereof only in the scope, with the means and for purposes as identified in these Terms and applicable law. By way of example, neither the Client nor any User may:
The Client or any User may not, without Supplier’s prior express written consent (e-mail, fax, Skype, etc.):
Supplier takes the privacy of its Clients and Users very seriously. Supplier’s Privacy Policy at https://vedavimedic.com/policy is hereby incorporated into these Terms by reference. Please read the Privacy Policy carefully as it governs Supplier’s collection, use, and disclosure of Client’s or User’s personal information.
The Vedavi Medic Services, Vedavi Medic Materials, Vedavi Medic trade names and trademarks, and any parts or elements thereof are solely and exclusively owned and operated by Supplier and its third party vendors and hosting partners. Vedavi Medic Materials are protected by copyright, trade dress, patent, trade secrets, and trademark laws, international conventions and treaties, and all other relevant intellectual property and proprietary rights laws. Supplier, its affiliates and licensors retains all right, title and interest in such Vedavi Medic Services, Vedavi Medic Materials, Vedavi Medic trade names and trademarks, and any parts or elements. Your use of the Vedavi Medic Services and Vedavi Medic Materials, and any parts or elements does not grant to you any ownership right or intellectual property rights therein. Any commercial or promotional distribution, publishing or exploitation of the Vedavi Medic Materials is strictly prohibited unless you have received the express prior written permission from Supplier or the otherwise applicable rights holder. Supplier reserves all rights to the Vedavi Medic Services, Vedavi Medic Materials and Vedavi Medic trade names and trademarks not expressly granted in the Terms.
Subject to these Terms and the payment of the applicable service Fee, Supplier grants Client and its authorized users a non-exclusive, non-transferable, non-sub-licensable license to download a single copy of any part of the Content solely for your personal, non-commercial use if you retain all copyright and proprietary notices that are contained in such part of the Content. You expressly acknowledge that you do not acquire any ownership rights by downloading any copyrighted material from or through the Platform or the Vedavi Medic Services. You shall not copy, distribute or publish any Content or any information obtained or derived therefrom except as permitted on or through the Vedavi Medic Services or as otherwise permitted by applicable law.
If Client or a User provides Suppliers with any comments, bug reports, feedback, or modifications for the Vedavi Medic Services (“Feedback”), Supplier shall have the right to use such Feedback at its discretion, including, but not limited to the incorporation of such suggested changes into the Vedavi Medic Services. Client or User (as applicable) hereby grants Supplier a perpetual, irrevocable, nonexclusive, royalty free license under all rights necessary to incorporate, publish, reproduce, distribute, modify, adapt, prepare derivative works of, publicly display, publicly perform, exploit and use your Feedback for any purpose.
The Vedavi Medic Services may include links to other websites or services (“Linked Sites”) solely as a convenience to Clients. Supplier does not endorse any such Linked Sites or the information, material, products, or services contained on or accessible through Linked Sites. Furthermore, Supplier makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through Linked Sites. ACCESS AND USE OF LINKED SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON LINKED SITES OR AVAILABLE THROUGH LINKED SITES, IS SOLELY AT YOUR OWN RISK.
Any content referred to as community provided is provided by third parties and not developed or maintained by Vedavi Medic. By using any community marked code or libraries in your software development, you acknowledge and agree that Vedavi Medic is not in any way responsible for the performance or damages caused by such community provided code or library.
UNLESS OTHERWISE EXPRESSLY STATED BY SUPPLIER, THE VEDAVI MEDIC SERVICES, VEDAVI MEDIC MATERIAL, AND ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE VEDAVI MEDIC SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SUPPLIER AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, CORRECTNESS, ACCURACY, AND RELIABILITY.
UNLESS OTHERWISE EXPRESSLY STATED BY SUPPLIER, SUPPLIER AND ITS AFFILIATES DO NOT WARRANT THAT THE VEDAVI MEDIC SERVICES AND ANY CONTENT, CLIENT DATA SERVICES, OR FEATURES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE VEDAVI MEDIC SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE VEDAVI MEDIC SERVICES AND ANY CONTENT, CLIENT DATA, SERVICES, OR FEATURES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE VEDAVI MEDIC SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
UNLESS OTHERWISE EXPRESSLY STATED BY SUPPLIER, SUPPLIER AND ITS AFFILIATES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PLATFORM, THE VEDAVI MEDIC SERVICES, VEDAVI MEDIC MATERIAL OR ANY LINKED SITES, IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
THE LAWS OF CERTAIN COUNTRIES AND STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify and hold harmless Supplier and its affiliates, and their respective directors, officers, employees and agents, from any claims, losses, damages, liabilities, including attorney’s fees, arising out of your use or misuse of the Vedavi Medic Services, Vedavi Medic Materials, representations made to the Supplier, its affiliates and/or third parties, violation of these Terms, violation of the rights of any other person or entity, or any breach of the foregoing representations, warranties, and covenants. Supplier reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Supplier, and you agree to cooperate with such defense of these claims.
We firmly believe in and stand behind Vedavi Medic services 100%, but we understand that they cannot work perfectly for everyone all of the time. If you would like to request a refund, please open a “Refund Request” support ticket. When requesting a refund, we respectfully ask that you meet the following refund policy conditions:
Eligibility conditions for a refund request:
Supplier shall not be liable to the Client or User or Sub-User for any consequences resulting from:
In addition, Supplier and its affiliates shall not be liable to the Client for any claim by any User, person, Organization or third persons against the Client arising out of the Client’s failure to:
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF VEDAVI MEDIC AND ITS AFFILIATES ARISING OUT OF OR RELATED TO THESE TERMS EXCEED THE TOTAL AMOUNT PAID BY CLIENT HEREUNDER FOR THE VEDAVI MEDIC SERVICES GIVING RISE TO THE LIABILITY IN THE SIX MONTHS PRECEDING THE FIRST INCIDENT OUT OF WHICH THE LIABILITY AROSE. THE FOREGOING LIMITATION WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, BUT WILL NOT LIMIT CLIENT’S PAYMENT OBLIGATIONS UNDER THE “PAYMENT” SECTION ABOVE.
IN NO EVENT WILL EITHER PARTY OR ITS AFFILIATES HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS FOR ANY LOST PROFITS, REVENUES, GOODWILL, OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER, BUSINESS INTERRUPTION OR PUNITIVE DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A PARTY OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF A PARTY’S OR ITS AFFILIATES’ REMEDY OTHERWISE FAILS OF ITS ESSENTIAL PURPOSE. THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
This Agreement contains the final and entire agreement between Vedavi Medic Services regarding Client use of the Application, the Vedavi Medic Services and our website for the Client, a member of the household or for any minor for whom you are responsible, and supersedes all previous and contemporaneous oral or written agreements regarding your use of the foregoing. The provisions of this Agreement shall be severable, and if any provision of this Agreement is held to be invalid or unenforceable, it shall be construed to have the broadest interpretation, which would render it valid and enforceable. We may discontinue or change the Application, Services and/or our website, or its/their availability to the Client, at any time. This Agreement is personal to the Client, which means that it may not assign the rights or obligations under this Agreement to anyone.
The Client agree that any dispute, claim or controversy arising out of or relating to these terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, "Disputes") will be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.
Vedavi Medic may assign its rights and obligations under this Agreement. This Agreement will inure to the benefit of Vedavi Medic’s successors, assigns and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of this Agreement, or to exercise any right under the Agreement, will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.
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