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TERMS AND CONDITIONS FOR MEMBERS OF Docmec.com
WEBSITE AND SERVICES - with effect from 14th Feb. 2008
  1. Contract Formation and Terms and Conditions
    • This is the website of NBZ IT Solutions Limited, a company registered in India. Its registered office is at 37, Ujagar Industrial Estate, W.T.Patil Marg, Deonar, Mumbai – 400022.
    • If you become a member of Docmec.com, a contract between you and Docmec.com, incorporating these Terms and Conditions, will come into force. Docmec.com may refuse to accept anyone as a member, without giving any reason.
    • Docmec.com reserves the right at any time to add to, change or delete from the services it provides and the facilities available via this site (the Docmec.com services).
    • In return for Docmec.com providing access to this site and its services, you agree to these Terms and Conditions.
    • Docmec.com may change these Terms and Conditions or its Privacy Policy (or both) at any time without notice, either by publishing the change or the amended version on this site or by sending it to you by e-mail. The change will be effective as from the date of the posting or e-mail.

  2. The Site and Services
    • Docmec.com aims to make this site and Docmec.com services available 24 hours a day, seven days a week, but reserves the right to suspend access to this site and any or all of those services at any time, without notice, for maintenance purposes, or if Docmec.com suspects that there has been any breach of security, a breach of these Terms and Conditions, or any unlawful use of this site or those services. Docmec.com may, at its discretion, restrict the use of this site and any or all of the Docmec.com services, or limit their availability.
    • Access to and use of some Docmec.com services will be conditional on you meeting certain criteria, such as your qualifications. Docmec.com reserves the right, at its discretion, to introduce new criteria and to change any criteria from time to time. Doctors who have been removed from the MCI register may be denied access to this site and any of the Docmec.com services.
    • Docmec.com also reserves the right to introduce charges, terms and conditions relating to the payment of those charges, and to review and amend charges for access to this Site and the Docmec.com services. You will be given at least 30 days' notice of any new payment terms and conditions or any new or increased charges, and the opportunity to cancel your membership before those charges or terms come into effect.
    • Docmec.com reserves the right to remove the contents of your e-mail account if you have not used the e-mail facility for 90 consecutive days or more. You are advised to make a copy of any e-mail that you have sent or received and that you wish to keep.
    • Docmec.com reserves the right to remove material without notice from this site and from any forum, and Docmec.com does not undertake to keep or make available any material that you have posted or anyone elsehas posted to this site or to any forum for any length or time, and you are advised to make a copy of any message or material that you wish to keep.

  3. Bulletin Service
    • As a condition of receiving the Docmec.com services, you agree to receive and acknowledge a regular Bulletin, (the Bulletin) distributed by e-mail. The Bulletin will contain information carefully targeted to doctors' interests or specialities.
    • The Bulletin may contain the following types of information:
      • Clinical and management alerts
      • Information and updates about Docmec.com services
      • Information and updates from organisations, such as professional colleges, DoH, GMC, NICE, other government bodies, medical schools, pharmaceutical companies, financial services companies and medical indemnity organizations.

  4. Your Obligations
    • Act in a professional and ethical manner;
    • Not send unsolicited commercial e-mail, or send or post any message which is disruptive or which generates complaints;
    • Not flame, hack or obtain unauthorised access to any data or system;
    • Not post any message whose subject or content is unrelated to the subject matter of the newsgroup to which it is posted;
    • Not post chain letters of any type, or post files to newsgroups not specifically named for that purpose;
    • Not obtain any information or material for any commercial purpose or to post information or material for the benefit of any commercial venture; this includes advertising or attempting to sell items for personal gain;
    • Not obtain e-mail addresses or any other information for marketing purposes;
    • Not be involved in any criminal or unlawful activity, or post any information or material which might be legally actionable;
    • Not harass any person. Harassment in this instance includes you being intimidating, threatening, abusive, hostile or otherwise offensive towards another person.
    • Not cancel or supersede any message or posting (other than your own);
    • Not introduce into this site or any Docmec.com service, any virus, logic bomb, harmful code, trojan horse or anything else that might corrupt, damage or render inaccessible any software, data or system;
    • At your own expense (subject to any special arrangements for you negotiated by Docmec.com with any service provider) obtain, install, and maintain suitable equipment and software and Internet access or connection services to access this site and the Docmec.com services;
    • Comply with all your obligations to third parties such as internet service and software providers;
    • Not seek redress from Docmec.com if you suffer loss or damage, or if you are harmed, defamed or offended by material, information, products or services which you accessed or obtained through or which were posted on this site or any Docmec.com service;
    • Not post or send any libellous, defamatory, obscene, derogatory, menacing, offensive, pornographic, or indecent material to this site or via any Docmec.com service. (Any comments posted that imply that another member is suffering from mental illness are considered to contravene these terms and conditions);
    • Not discuss religious topics in open fora. Religious discussion may be discussed in specific closed, moderated fora of a religious nature such as `Christian Medical Fellowship' or `Muslim Doctors'. Religious discussion outside of these closed fora may be removed without notice and may result in a formal warning;
    • Obtain all necessary permissions if you use this site or any Docmec.com service to receive, upload, download, display, transmit, distribute, perform or execute materials, programs or other works protected by intellectual property rights or rights of privacy or confidence;
    • Obtain patient consent before posting any material on this site that includes identifiable or potentially identifiable case material;
    • Comply with all applicable laws, regulations and conventions, including those related to privacy, personal data, international communications, or the export of technical data;
    • Promptly notify Docmec.com if you suspect, or become aware of, any unauthorized use of this site or any Docmec.com service or of your User Identification (User ID) or password;
    • Not attempt to interfere with this site or any Docmec.com service or any other service. (This includes, but is not limited to, "denial of service" attacks, "flooding" sites, deliberate attempts to overload any site and attempts to "crash" any website host.); and
    • Not use any program, script or command which interferes with any person's use of any site or service, or which results in any unfair advantage or disadvantage for anyone in relation to their receipt of rewards or competition prizes.
    • Docmec.com reserves the right to delete, archive, make unavailable, modify or comment on any forum posting or thread within a forum, and to close individual fora without notice.

  5. Your Personal Data and Other Information
    • Docmec.com will use your personal data only in accordance with its Privacy Policy.
    • Docmec.com may (but is not obliged to) monitor and record your use of this site and the Docmec.com services.
    • No information which is posted to this site or sent via any Docmec.com service will be treated as confidential.
    • Docmec.com may block, delete or remove from this site and from any Docmec.com service any information or other material that you have posted, sent or received at any time and without giving notice.
    • Docmec.com has no obligation to monitor or moderate any forum, newsgroup, e-mail or message, and usually does not do so. If you have any complaint about any posting or e-mail or message made or sent by a third party, you should contact admin@docmec.com immediately.

  6. Third Party Goods, Services and Links
    • If you purchase or acquire goods or services from any third party, even if you have been directed from this site or by any Docmec.com service to them, any contract entered into with that third party and any use made of its site is a matter between you and that third party. Docmec.com has no liability for the quality or type of services or goods provided by any third party it may mention on this site or to whom this site may be linked. It is for you to make your own judgment about them.
    • Any opinion, advice, statement, service, offer, or information or content provided or made by any third party on this site or via any Docmec.com service, or on any site to which this site is linked, is that of the author or provider, and not of Docmec.com. Docmec.com does not endorse, and it is not responsible for, the accuracy or reliability of, any such opinion, advice, statement, service, offer, information or content.
    • Where content or information on or services available via this site or any Docmec.com service have been supplied by a third party, Docmec.com does not control or endorse them in any way. All information, content and services supplied by third parties are made available in good faith but Docmec.com does not (to the extent allowed by the law) accept responsibility for their accuracy or use.
    • Docmec.com does not make any representation or give any warranty about any other site or any services or goods provided by any third party, or any opinion, advice, statement, offer, information or content on any such site or made by any such party. Docmec.com has no control over their quality, content or availability. Docmec.com will not be liable for any loss or damage caused by or in connection with use of, or reliance on, any content, goods or services available on or through any other site.
    • Any concern about any other website should be directed to that site's website administrator or webmaster.

  7. Limitations and Exclusions of Liability
    • Docmec.com tries to ensure that any information and content on this site or available through its services that has not been supplied by a third party is accurate, but it makes no representation and gives no warranty that any information or content is accurate, up to date or complete. It accepts no liability for any loss or damage caused by inaccurate information or content.
    • If you find any inaccurate, out of date or incomplete information or content on this site or in any Docmec.com service, or if you suspect that something is an infringement of any intellectual property right, you must let Docmec.com know immediately by contacting help@docmec.com.
    • You should independently verify any information and content on this site or made available to you through any Docmec.com service before relying on it. That information and content are not intended to address any particular requirements; they do not constitute any form of advice or recommendation by Docmec.com and are not intended to be relied upon in making (or refraining from making) any decision. The information and content on and through this site are not, and the Docmec.com services are not, substitutes for the exercise of professional judgement. If you are not qualified nor experienced enough to make that judgement, you should take professional advice.
    • This site, its content and all Docmec.com services are provided "as is". Docmec.com gives no warranty that this site, its content or any service is error-free or will be available without interruption, or at all.
    • No warranty, representation, or undertaking in respect of the quality, or fitness for purpose of any content or any service is given, and all implied terms conditions and warranties relating to the same, whether implied by statute, common law, custom, trade usage, course of dealing or otherwise, are excluded to the extent allowed by the law.
    • You assume all risk for using, and for any results obtained, or liability incurred, by or as a result of accessing this site or any Docmec.com service.
    • Docmec.com is not liable for any third party's information, programs, products or services, whether or not Docmec.com has negotiated special terms for the provision of the same to its members. If you access or use any information on this site that has been supplied by a third party, you will be bound by any additional terms and conditions specified by that third party. You agree to read those additional terms and conditions before accessing or using such third party information and not to access or use that information you do not accept those additional terms and conditions. You should always read the relevant terms and conditions before accessing any information.
    • Docmec.com does not guarantee the prevention of the loss of, alteration of, or improper access to, any information or computer systems. Docmec.com is not responsible for invalid destinations or transmission errors in, the corruption of, or the security of information or messages on this site or transmitted using any Docmec.com service or carried over any telecommunications or data communications facilities. Passwords and user IDs are personal to individual members. It is your responsibility to keep your password and ID secret and secure, and not to allow anyone else to use them. You are responsible for the use or misuse of this site and any Docmec.com service by any person accessing them through your password or ID (whether that use is authorised or unauthorised) and you agree to bear all losses, expenses, inconvenience and site charges arising as a result of that use. You must not use or attempt to use anyone else's password or ID; to do so may be an offence under the Computer Misuse Act 1990.
    • Docmec.com is not liable for any claim that your access to or use of this site, any content or any Docmec.com services infringes any third party's intellectual property or other rights.
    • In no event is Docmec.com liable for any loss or damage arising from your failure to perform your obligations.
    • Despite any other provision in these Terms and Conditions, Docmec.com does not exclude or limit its liability for death or personal injury caused by its negligence, or for any fraudulent act. Subject to this, Docmec.com is not liable for any of the following, whether arising because of its negligence, or in any other way:
      • Loss of profits, loss of business, loss of anticipated savings, loss of goodwill or reputation, lost or wasted management time or the lost time of other employees;
      • Loss, destruction or corruption of data;
      • Any indirect, or consequential loss or damage; or
      • Any loss or damage arising as a result of any claim against you by any other party; even if Docmec.com has been advised of the possibility of that loss or damage arising.
    • You will indemnify Docmec.com and keep it indemnified against all and any losses, damages, liabilities, costs and expenses arising in connection with your breach of any of these Terms and Conditions or arising as a result of a third party accessing or using this site, any content or any Docmec.com service by means of your password or user ID.
    • The maximum liability of Docmec.com to you in connection with this site, any content and any services, or the failure to provide any of the same, is œ1 or the aggregate of sums you have paid to Docmec.com in the 12 months immediately before the cause of action to which your claim relates, arose (whichever is the greater).

  8. Termination
    • If you are dissatisfied with the services provided by Docmec.com or any feature provided in or through this site, you may terminate your membership by giving not less than 7 days' notice to help@docmec.com. This is your sole remedy if you are dissatisfied with this site or any such service.
    • Your membership may be terminated by you or by Docmec.com at any time by giving the other seven days notice. In addition, Docmec.com may terminate or suspend your membership and access to this site and any service at any time without notice if you breach or are suspected of having breached these Terms and Conditions, if you cease to meet the criteria from time to time for access to or use of this site or any service, or if your agreement with any internet service provider for access or connection to the internet is terminated for any reason.
    • Conditions 1, 6, 7, 8.2, 9 and 10 will survive termination and continue indefinitely.

  9. Intellectual Property Rights
    • This site, its contents and information, and the Docmec.com services and their content and information, are protected by copyright, database rights and other intellectual property rights. You authorise Docmec.com to act on your behalf if your intellectual property rights in any material you post to this site or in any message that you send via a Docmec.com service is infringed by any third party.
    • You assign to Docmec.com the copyright in all material that you post to this site (except for e-mails, images posted in the Medical Image Library, material posted in Medipaedia or eCases and photographs posted in the Photography Forum) . You waive all moral rights in connection with that material and those messages, and you authorise Docmec.com to act on your behalf in any action they may decide to take if any intellectual property rights in any material you post to this site or in any message that you send via a Docmec.com service are infringed by any third party.
      Docmec.com does not claim exclusive copyright over material posted by you on this site. In the case of images posted in the Medical Image Library, material posted in Medipaedia or eCases and photographs posted in the Photography Forum, this material will be subject to a Creative Commons Attribution 3.0 Licence, and you authorise Docmec.com to act on your behalf in any action they may decide to take if any intellectual property rights in any material you post to these parts of the site is infringed by any third party.
    • Subject to any conditions specific to any service, you may read, print and download parts of the material and information on this site or through any Docmec.com service for your private, non-commercial use or use in the ordinary course of the your profession, but you may not make any profit from the use of that material or information nor republish, disseminate or transmit any of it, or exploit it for any commercial purpose, or make any derivative work, or copy it for any other purpose without first obtaining Docmec.com's written permission, or that of the rights owner.
      To seek permission please contact: help@docmec.com
    • You must not post to this website, or send, using any Docmec.com service any data, software, or other work or material that infringes the intellectual property rights of Docmec.com or any third party.

  10. General
    • Any terms purporting to vary these Terms and Conditions in any order, or other written or electronic communication from you, are ineffective unless specifically accepted by Docmec.com in writing.
    • You may not assign or transfer your membership to, or share or sublicense the advantages of membership of Docmec.com with, any other person.
    • Doctors.net.uk may assign or sub-contract its rights or obligations (or both) to any third party.
    • You must not post to this website, or send, using any Docmec.com service any data, software, or other work or material that infringes the intellectual property rights of Docmec.com or any third party.
    • If any part of any of these Terms and Conditions is invalid or unenforceable, it will not affect any other provision and all other provisions will remain in full force and effect.
    • These Terms and Conditions, and the contract between you and Docmec.com, are governed by the laws of India and you agree to submit to the jurisdiction of the courts of Mumbai.
    • These terms and conditions, together with the Privacy Policy, any conditions specific to any Docmec.com service and any rules that Docmec.com publishes from time to time governing the criteria for access to this site or any service, are the complete and exclusive statement of the agreement between Docmec.com and you in relation to the use of this site, its contents and any Docmec.com service. They supersede any proposal or prior agreement, oral or written, and any other communications between Docmec.com and you relating to their subject matter.
    • Nothing in these Terms and Conditions confers or purports to confer on anyone except you any right under the Contracts Rights of Third Parties) Act 1999 or in any other way to enforce any of these Terms and Conditions.
 
 

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