Terms and Conditions
PLEASE
READ THESE PARTICIPANT TERMS AND CONDITIONS OF USE ("TERMS OF USE")
CAREFULLY BEFORE USING THE SERVICES OFFERED ON THE TECHNOLOGY PLATFORM
OF ACTIVE HEALTH TECHNOLOGIES LLPTHE PRODUCT HAS BEEN LICENSED TO ACTIVE
WELLNESS PVT LTD. Along with the right to use the brand “ActiveMD”. THE
PROVIDER OFFERING IS THROUGH PROVIDER PORTAL on the ACTIVEWELLNESS.IN
technology platform. The provider Services are branded as "ACTIVEMD".
The provider Offering is hereafter referred to collectively as
(“ACTIVEMD”) THE TERMS OF USE SET FORTH ARE LEGALLY BINDING TERMS AND
CONDITIONS FOR YOUR ("YOU" OR "YOUR" OR "PARTICIPANT") USE OF THE www.activewellness.in WEBSITE
AND DOMAIN NAME ("SITE"), AND ANY OTHER FEATURES, CONTENT, OR
APPLICATIONS OFFERED FROM TIME TO TIME BY ACTIVEWELLNESS.IN THROUGH THE
ACTIVEMD PROVIDER PORTAL IN CONNECTION THEREWITH (COLLECTIVELY, THE
"SERVICE"). THE SERVICE IS INTENDED FOR USE ONLY BY ADULTS WHO ARE
PHYSICIANS, PHYSICIAN ASSISTANTS, ALLIED HEALTHCARE PROFESSIONALS,
ALTERNATE SYSTEM & ALLOPATHIC SYSTEM OF MEDICINE PRACTITIONERS OR
NURSE PRACTITIONERS (COLLECTIVELY, "CLINICIANS"). BY USING THE SERVICE
IN ANY MANNER, INCLUDING BUT NOT LIMITED TO VISITING OR BROWSING THE
SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. FOR CLARITY, THESE
TERMS OF USE APPLY TO ALL PARTICIPANTS OF THE SERVICE, INCLUDING
PARTICIPANTS WHO ARE ALSO CONTRIBUTORS OF CONTENT, INFORMATION, AND
OTHER MATERIALS OR SERVICES ON THE SITE.
ActiveMD
hopes that you will find the Service useful but reminds you that the
Service is not meant to serve as a substitute for your own professional
medical judgment. You should always exercise your professional judgment
in evaluating your patients, and should carefully consider any treatment
plan based upon any Content (as defined below). ActiveMD encourages you
to confirm the information made available or otherwise obtained through
the Service with other reliable sources before undertaking any
treatment based on such Content. We also encourage you to review from
time to time the American Medical Association’s Policy for
Professionalism in the Use of Social Media.
ACCEPTANCE OF TERMS
The
Service is offered subject to acceptance without modification of all of
the Terms of Use and all other operating rules, policies and procedures
that may be published from time to time on the Site by ActiveMD. In
addition, some services offered through the Service may be subject to
additional terms and conditions promulgated by the respective Service
Agencies or technology platforms with which ActiveMD has tied up or may
tie up from time to time; your use of such services is subject to your
acceptance of those additional terms and conditions, which are
incorporated into these Terms of Use by this reference.
You
represent and warrant that (a) you are a physician, physician
assistant, or nurse practitioner, allied healthcare professional or
practitioner of Alternative systems of medicine (b) all registration
information you submit is accurate and truthful, and (c) your use of the
Service does not violate any applicable law or regulation. ActiveMD
may, in its sole discretion, refuse to offer the Service to any person
and change its eligibility criteria at any time (this provision is void
where prohibited by law and the right to access the Service is revoked
in such jurisdictions).
REGISTRATION
As
a condition to using the Service, you will be required to register with
ActiveMD using your email address and password chosen by you
(collectively, your "ActiveMD Participant ID"). You shall provide
ActiveMD with accurate, complete, and updated registration information.
ActiveMD reserves the right to refuse registration of, or cancel an
ActiveMD Participant ID in its sole discretion. You are solely
responsible for all activity that occurs under your ActiveMD Participant
ID and shall be responsible for maintaining the confidentiality of your
password. You shall never use another Participant’s account or allow
any third party to use yours. You will immediately notify ActiveMD in
writing of any unauthorized use of your account, or other account
related security breach of which you are aware. You grant us and all
other persons or entities involved in the operation of the Service the
right to transmit, monitor, retrieve, store, and use your ActiveMD
Participant ID and related registration information in connection with
the operation of the Service.
ACTIVEMD CONTENT
The
term "Content" includes, without limitation, any tools, services,
advertisements, advice, suggestions, videos, audio clips, written forum
comments, communications, information, data, text, photographs,
software, scripts, graphics, and interactive features generated,
provided, or otherwise made accessible by ActiveMD, its content
providers or other partners, or business associates or other
Participants on or through the Service including all Participant
Submissions (as defined below).
You
agree that the Service contains Content specifically provided by
ActiveMD or its partners, and that as between the parties such Content
(except for Participant Submissions provided by you) is the property of
ActiveMD and is protected under Indian Law and international
intellectual property laws, including copyrights, trademarks, service
marks, patents, trade secrets or other proprietary rights and laws. You
shall abide by all copyright notices, information, and restrictions
contained in any such Content. You shall not sell, license, rent,
modify, distribute, copy, reproduce, transmit, publicly display,
publicly perform, publish, adapt, edit, create derivative works from,
display in frames, link to, or otherwise commercially exploit any
Content or third party submissions or other proprietary rights not owned
by you, (i) without the express written consent of the respective
owners or other valid right, and (ii) in any way that violates any third
party right. You may print or download a single copy of the Content
from the Site solely for personal, non-commercial use, provided you keep
intact all copyright and other proprietary notices.
ActiveMD
reserves the right to remove any Content from the Service at any time,
for any reason (including, but not limited to, upon receipt of claims or
allegations from third parties or authorities relating to such Content
or if ActiveMD is concerned that you may have violated the Terms of
Use), or for no reason at all.
PARTICIPANT SUBMISSIONS
The
Site provides you with the ability to upload, submit, disclose,
distribute or otherwise post (hereafter, "posting") content, videos,
audio clips, written forum comments, data, text, photographs, software,
scripts, graphics, works of authorship or other information to the Site
(the "Participant Submissions"). These submissions can be on the
Provider and / or Consumer Social lounge. The access to the practice
management system will allow the patients to access their data generated
by consults undertaken by them from the service provider. You own all
rights, title and interests in and to all Participant Submissions
provided by you (including, without limitation, any submissions as part
of any "Ask the Expert" or "Curbside Consult" or Crowd Consult, other
forms of consult or other features that will be made available from time
to time). Such Participant Submissions are non-confidential and are the
property of the originating Participant. By posting Participant
Submissions on the Site or otherwise through the Service:
You
hereby do and shall grant ActiveMD a worldwide, non-exclusive,
perpetual, irrevocable, royalty-free, fully paid, sub-licensable and
transferable license to use, modify, reproduce, distribute, prepare
derivative works of, display, publish, perform, and otherwise fully
exploit ("Use") the Participant Submissions in connection with the Site,
the Service and ActiveMD’s (and its successors and assigns) business,
including without limitation for promoting and redistributing part or
all of the Site (and derivative works thereof) or the Service in any
media formats and through any media channels (including, without
limitation, third party websites). You also hereby do and shall grant
each Participant of the Service a non-exclusive license to access your
Participant Submissions through the Site and the Service, and to Use
such Participant Submissions as permitted through the functionality of
the Site and the Service and under these Terms of Use. For clarity, the
foregoing license granted to ActiveMD does not affect your other
ownership or license rights in your Participant Submission(s), including
the right to grant additional licenses to the material in your
Participant Submission(s), unless otherwise agreed in writing;
You
represent and warrant: that you own or otherwise control all rights to
post such Participant Submissions and that disclosure and Use of such
Participant Submissions by ActiveMD (including without limitation,
publishing content on or at the Site) will not infringe or violate the
rights of any third party, including without limitation any privacy,
publicity, contract or other rights of any person or entity;
You
understand that ActiveMD shall have the right to reformat, excerpt, or
translate any materials, content or information submitted by you; and
that all information publicly posted or privately transmitted through
the Site is the sole responsibility of the person from which such
content originated; and that ActiveMD cannot guarantee the identity of
or the authenticity of any data posted by any other Participants with
whom you may interact in the course of using the Service.
Your
Participant Submissions will not contain any personally identifiable
information with respect to any patient or other third party. In
particular, you must remove any information that would associate your
submission with a specific patient or individual. The Health Insurance
Portability and Accountability Act of 1996 (HIPAA) privacy or the
privacy rules that are applicable for the use of de-identified health
information so long as identifiers have been removed and a key is not
disclosed that would allow the information to be re-identified. You will
not disclose to ActiveMD a key to re-identify any patient data.
You shall not post any Participant Submissions that contain misleading, false, or inappropriate language or statements.
ActiveMD
does not endorse any Participant Submissions. ActiveMD has the right,
but not the obligation, to monitor the Site, Service, Content, or
Participant Submissions. ActiveMD may remove any Participant Submission
at any time for any reason (including, but not limited to, upon receipt
of claims or allegations from third parties or authorities relating to
such Participant Submission), or for no reason at all. ActiveMD will
consider requests to remove Participant Submissions on a case-by-case
basis once we are contacted by the Participant.
Under
no circumstances will ActiveMD be liable in any way for any Participant
Submissions, including, but not limited to, any errors or omissions in
any Participant Submissions, or any loss or damage of any kind incurred
in connection with use of or exposure to any Participant Submissions
posted, emailed, accessed, transmitted or otherwise made available via
the Service.
RULES AND CONDUCT
As
a condition of use, you promise not to use the Service for any purpose
that is prohibited by the Terms of Use. You are responsible for all of
your activity in connection with the Service.
By
way of example, and not as a limitation, you shall not (and shall not
permit any third party to) either (a) take any action or (b) upload,
download, post, submit or otherwise distribute or facilitate
distribution of any content or communications on or through the Service,
that:
·violates local, state, national, or international laws or regulations;
infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity;
is
unlawful, threatening, abusive, harassing, defamatory, libelous,
deceptive, fraudulent, invasive of another's privacy, tortious, obscene,
offensive, or profane;
constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming");
involves
commercial activities and/or sales without ActiveMD’s prior written
consent such as contests, sweepstakes, barter, advertising, or pyramid
schemes;
contains
software viruses or any other computer codes, files, or programs that
are designed or intended to disrupt, damage, limit or interfere with the
proper function of any software, hardware, or telecommunications
equipment or to damage or obtain unauthorized access to any system,
data, password or other information of ActiveMD or any third party;
fails to respect other Participants’ privacy or that of any third party; or
impersonates any person or entity, including any employee or representative of ActiveMD.
Additionally,
you shall not: (i) take any action that imposes or may impose (as
determined by ActiveMD in its sole discretion) an unreasonable or
disproportionately large load on ActiveMD’s portal licensed from Active
Health Technologies LLP (or its third party providers’) infrastructure;
(ii) interfere or attempt to interfere with the proper working of the
Service or any activities conducted on the Service; (iii) bypass any
measures ActiveMD may use to prevent or restrict access to the Service
(or other accounts, computer systems or networks connected to the
Service); (iv) run Mail list, Listserv, any form of auto-responder or
"spam" on the Service; or (v) use manual or automated software, devices,
or other processes to "crawl" or "spider" any page of the Site.
You
shall not (directly or indirectly): (i) decipher, decompile,
disassemble, reverse engineer or otherwise attempt to derive any source
code or underlying ideas or algorithms of any part of the Service,
except to the limited extent applicable laws specifically prohibit such
restriction, (ii) modify, translate, or otherwise create derivative
works of any part of the Service, or (iii) copy, rent, lease,
distribute, or otherwise transfer any or all of the rights that you
receive hereunder.
LINKS TO OR FROM THIRD PARTY SITES
The
Site may permit you to link to other websites or resources on the
Internet. When you access a third party website, you do so at your own
risk. These other websites are not under ActiveMD's control, and you
acknowledge that ActiveMD is not responsible or liable for the content,
functions, accuracy, legality, appropriateness or any other aspect of
such website or resources, or for any damage or loss caused or alleged
to be caused by your use of or reliance on any content, goods or
services available on or through any such website or resource. The
inclusion of any such link does not imply endorsement by ActiveMD or any
association with its operators.
PRIVACY
The
purpose of our privacy policy is to identify information we may collect
about you, describe the uses we may make of your information and the
security measures we take to protect it, and describe your options for
controlling your personally identifiable information. ActiveMD's current
Site privacy statement (the "Privacy Policy") is incorporated into
these Terms of Use. For inquiries in regard to the Privacy Policy, or to
report a privacy related problem, please contact us at ActiveMD c/o
Active Health Technologies LLP, C-184, Industrial Area, Sector 75,
Sahibzada Ajit Singh Nagar, Mohali Pin 160059.
TERMINATION
ActiveMD
may terminate your access to all or any part of the Service at any
time, with or without cause, with or without notice, which may result in
the forfeiture and destruction of all information associated with your
membership. If you wish to terminate your account, you may do so by
following the instructions on the Site. All provisions of the Terms of
Use which by their nature should survive termination shall survive
termination, including, without limitation, ownership provisions,
warranty disclaimers, indemnity and limitations of liability.
MEDICAL DISCLAIMER
The
Content available through the Service is for informational and
educational purposes only and is not an alternative to physical
examination or a substitute for the professional judgment of a Clinician
in diagnosing and treating patients on an individual basis. All
Content, including any advice, suggestions, and/or recommendations, has
not been generated as part of any direct professional evaluation where
the Clinician has the benefit of information that would be obtained by
examining a patient in person and observing his/her medical condition.
You are expected to use your own professional judgment when utilizing
Content found on the Site. We encourage you not to advise, diagnose, or
otherwise treat patients solely by use of this Site. The Participant
accessing the Site assumes full responsibility for any use of the
Content and agrees that ActiveMD, its partners, associates, and any
other providers of Content are not responsible or liable for any claim,
loss, or damage arising from the use of the information. No professional
fee has been charged by or paid to ActiveMD and ActiveMD does not
recommend or endorse any specific drugs, tests, physicians, products,
procedures, opinions, "off-label" drug uses, or other information that
may be mentioned on the Site.
PATIENT INFORMATION
State
and federal laws of the country you operate in, as well as ethical
requirements of your profession may impose obligations with respect to
patient confidentiality that may limit the ability of Clinicians to
transmit certain information through the Site. It is the sole
responsibility of the Participant to comply with state and federal laws,
as well as institutional and professional guidelines with respect to
patient confidentiality or online conduct. The Participant is, at all
times during the term of this Agreement and thereafter, solely
responsible for obtaining and maintaining all patient consents, if
applicable, and all other legally necessary consents or permissions
required or advisable to disclose, process, retrieve, transmit, and view
patient data. ACTIVEMD CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY
FOR THE USE OR MISUSE OF PATIENT DATA OR OTHER INFORMATION TRANSMITTED,
MONITORED, STORED, OR RECEIVED BY THE PARTICIPANT WHILE USING THE SITE.
WE RESERVE THE RIGHT TO AMEND OR DELETE ANY CONTENT (INCLUDING ANY
PARTICIPANT SUBMISSION) IN OUR SOLE DISCRETION.
GENERAL DISCLAIMERS
ActiveMD
has no special relationship with or fiduciary duty to you. You
acknowledge that ActiveMD has no control over, and no duty to take any
action regarding: which Participants gain access to the Site; what
Content you access via the Site; what effects the Content may have on
you; how you may interpret or use the Content; or what actions you may
take as a result of having been exposed to the Content. The Site may
contain, or direct you to websites containing, information that some
people may find offensive or inappropriate. ActiveMD makes no
representations concerning any content contained in or accessed through
the Site, and ActiveMD will not be responsible or liable for the
accuracy, copyright compliance, legality or decency of material
contained in or accessed through the Site.
THE
SERVICE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) IS PROVIDED "AS
IS" AND "AS AVAILABLE" AND IS WITHOUT WARRANTY OF ANY KIND, AND TO THE
FULLEST EXTENT PERMITTED BY LAW, ACTIVEMD HEREBY DISCLAIMS ALL
WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WHETHER ORAL OR
WRITTEN, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE,
NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,
AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF
TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE
FOREGOING, ACTIVEMD AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS,
PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SITE WILL BE
SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS
OR ERRORS CAN OR WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE
AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR
REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK.
INDEMNIFICATION
You
shall defend, indemnify, and hold harmless ActiveMD, and its technology
partner Active Health Technologies LLP, Active Wellness Pvt. Ltd. its
affiliates, its affiliates employees, contractors, directors, suppliers
and representatives from all liabilities, claims, and expenses,
including reasonable attorneys' fees, that arise from or relate to (i)
your use of the Site, Service, Content and/or any Participant
Submissions (including your own), (ii) your violation of the Terms of
Use, or (iii) infringement or violation by you, or any third party using
your ActiveMD Participant ID, of any intellectual property or other
right of any person or entity (including any right of privacy). ActiveMD
reserves the right to assume the exclusive defense and control of any
matter otherwise subject to indemnification by you, in which event you
will assist and cooperate with ActiveMD in asserting any available
defenses.
LIMITATION OF LIABILITY
IN
NO EVENT SHALL ACTIVEMD, NOR ITS DIRECTORS, PARTNERS, EMPLOYEES,
AGENTS, PARTNERS, SUPPLIERS, LICENSORS, LICENCEES, PARTICIPANTS, OR
CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY,
NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE
SERVICE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) (I) FOR ANY LOST
PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES,
OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF
ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING),
(II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF
THE SOURCE OF ORIGINATION), (III) FOR YOUR RELIANCE ON THE SERVICE, OR
(IV) FOR ANY DIRECT DAMAGES IN EXCESS OF $500.00 IN THE AGGREGATE. IF
YOU ARE DISSATISFIED WITH THE SERVICE, YOUR ONLY REMEDY IS TO STOP USING
THE SERVICE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND
EXCLUSIONS MAY NOT APPLY TO YOU.
INTERNATIONAL USE
ActiveMD
makes no representation that the Service is appropriate or available
for use in locations outside of India, and accessing the Service is
prohibited from territories where such Service is illegal. If you access
the Service from other locations, you do so at your own initiative and
are responsible for compliance with local laws.
DISPUTE RESOLUTION
A
printed version of the Terms of Use and of any notice given in
electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to the Terms of Use to the same
extent and subject to the same conditions as other business documents
and records originally generated and maintained in printed form. You and
ActiveMD agree that any cause of action arising out of or related to
the Service must commence within one (1) year after the cause of action
arose; otherwise, such cause of action is permanently barred.
The
Terms of Use shall be governed by and construed in accordance with the
laws of the India,. Except that ActiveMD may seek injunctive or similar
equitable relief at any time from any court of competent jurisdiction,
any dispute arising from or relating to the subject matter of these
Terms of Use shall be finally settled by arbitration in Chandigarh,UT,
India using the English language in accordance with the Arbitration
Rules and Procedures Indian Arbitration Act as amended from time to
time. The parties will appoint an arbitrator with substantial
experience in resolving intellectual property and commercial contract
disputes, who shall be selected in accordance with the Arbitration Rules
and Procedures set out in the Indian Arbitration Act. Judgment upon the
award so rendered may be entered in a court having jurisdiction or
application may be made to such court for judicial acceptance of any
award and an order of enforcement, as the case may be. For all purposes
of these Terms of Use, the parties consent to exclusive jurisdiction and
venue in India located at Chandigarh.. Use of the Service is not
authorized in any jurisdiction that does not give effect to all
provisions of the Terms of Use, including without limitation, this
section.
INTEGRATION AND SEVERABILITY
The
Terms of Use are the entire agreement between you and ActiveMD with
respect to the Service and use of the Site, and supersede all prior or
contemporaneous communications and proposals (whether oral, written or
electronic) between you and ActiveMD with respect to the Site. If any
provision of the Terms of Use is found to be unenforceable or invalid,
that provision will be limited or eliminated to the minimum extent
necessary so that the Terms of Use will otherwise remain in full force
and effect and enforceable. The failure of either party to exercise in
any respect any right provided for herein shall not be deemed a waiver
of any further rights hereunder.
MISCELLANEOUS
ActiveMD
shall not be liable for any failure to perform its obligations
hereunder where such failure results from any cause beyond ActiveMD’s
reasonable control. The Terms of Use are personal to you, and are not
assignable, transferable or sub-licensable by you except with ActiveMD's
prior written consent. ActiveMD may assign, transfer or delegate any of
its rights and obligations hereunder without consent. No agency,
partnership, joint venture, or employment relationship is created as a
result of the Terms of Use and neither party has any authority of any
kind to bind the other in any respect. In any action or proceeding to
enforce rights under the Terms of Use, the prevailing party will be
entitled to recover costs and attorneys' fees. All notices under the
Terms of Use will be in writing and will be deemed to have been duly
given when received, if personally delivered or sent by certified or
registered mail, return receipt requested; when receipt is
electronically confirmed, if transmitted by facsimile or e-mail; or the
day after it is sent, if sent for next day delivery by recognized
overnight delivery service.
DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE
ActiveMD
has adopted the following general policy toward copyright infringement
in accordance with the Digital Millennium Copyright Act. The address of
ActiveMD’s Designated Agent to Receive Notification of Claimed
Infringement ("Designated Agent") is listed at the end of this policy.
It
is ActiveMD’s policy to (1) block access to or remove Content that it
believes in good faith to be copyrighted material that has been
illegally copied and distributed by any of our advertisers, affiliates,
Content providers, or Participants; and (2) remove and discontinue
service to repeat offenders.
A. Procedure for Reporting Copyright Infringements:
If
you believe that Content residing on or accessible through the Site or
Service infringes a copyright, please send a notice of copyright
infringement containing the following information to the Designated
Agent listed below:
A
physical or electronic signature of a person authorized to act on
behalf of the owner of the copyright that has been allegedly infringed;
Identification of works or materials being infringed;
Identification
of the Content that is claimed to be infringing including information
regarding the location of the Content that the copyright owner seeks to
have removed, with sufficient detail so that ActiveMD is capable of
finding and verifying its existence;
Contact information about the notifier including address, telephone number and, if available, e-mail address;
A
statement that the notifier has a good faith belief that the Content is
not authorized by the copyright owner, its agent, or the law; and A
statement made under penalty of perjury that the information provided is
accurate and the notifying party is authorized to make the complaint on
behalf of the copyright owner.
B. Once Proper Bona Fide Infringement Notification is Received by the Designated Agent:
It is ActiveMD's policy:
To remove or disable access to the infringing Content;
To notify the Content provider that it has removed or disabled access to the Content; and
That
repeat offenders will have the infringing Content removed from the
system and that ActiveMD will terminate such Participant's access to the
service.
C. Procedure to Supply a Counter-Notice to the Designated Agent:
If
the Content provider believes that the Content that was removed or to
which access was disabled is either not infringing, or the Content
provider believes that it has the right to post and use such Content
from the copyright owner, the copyright owner’s agent, or pursuant to
the law, the Content provider must send a counter-notice containing the
following information to the Designated Agent listed below:
A physical or electronic signature of the Content provider;
Identification
of the Content that has been removed or to which access has been
disabled and the location at which the Content appeared before it was
removed or disabled;
A
statement that the Content provider has a good faith belief that the
Content was removed or disabled as a result of mistake or a
misidentification of the Content; and
Content
provider’s name, address, telephone number, and, if available, e-mail
address and a statement that such person or entity consents to the
jurisdiction of the Federal Court for the judicial district in which the
Content provider’s address is located, or if the Content provider’s
address is located outside India, for any judicial district in which
ActiveMD is located, and that such person or entity will accept service
of process from the person who provided notification of the alleged
infringement.
If
a counter-notice is received by the Designated Agent, ActiveMD may send
a copy of the counter-notice to the original complaining party
informing that person that it may replace the removed Content or cease
disabling it in 10 business days. Unless the copyright owner files an
action seeking a court order against the Content provider, the removed
Content may be replaced, or access to it restored, in 10 to 14 business
days or more after receipt of the counter-notice, at ActiveMD’s
discretion.
Please contact ActiveMD’s Designated Agent to Receive Notification of Claimed Infringement:
Bhupinder Grewal
# 601, The Close South,
Nirvana Country, South City II
Gurgaon Haryana
E.bhupinder.grewalATactivewellness.in
MODIFICATIONS
ActiveMD
reserves the right, at its sole discretion, to modify or replace any of
the Terms of Use, or change, suspend, limit or discontinue the Service
(including without limitation, the availability of any feature,
database, or content) at any time by posting a notice on the Site or by
sending you an email. It is your responsibility to check the Terms of
Use periodically for changes. Your continued use of the Service
following posting of any changes to the Terms of Use constitutes
acceptance of those changes.
CONTACT
You
may contact ActiveMD at the following address: ActiveMD. C-184,
Industrial Area, Sector 75, Sahibzada Ajit Singh Nagar, Mohali Punjab