Terms of Use

Mynahcare exists to improve your healthcare experience, and we hope you’ll make great use of our service. These terms explain your rights and responsibilities when using Mynahcare. If you have any questions, feel free to contact us at support@mynahcare.com.

Effective Date: October 25, 2016

This document contains important information that you need to consider before making an important decision. The following terms and conditions constitute an agreement between you and MYNAHCARE, a business unit of PAVNA E-SYSTEMS AND ELECTRONICS PRIVATE LIMITED. (“Mynahcare,” “we,” or “us”), the operator of Mynahcare.com (the “Site”) and related websites, applications, services and mobile applications provided by Mynahcare and on/in which these Terms of Use are posted or referenced (collectively, the “Services”). These terms of use (the “Terms of Use”), together with our PRIVACY POLICY, govern your use of the Services, whether or not you have created an account.

BY USING OR OTHERWISE ACCESSING THE SERVICES AND/OR BY CREATING AN ACCOUNT WITH US, YOU AGREE TO THE TERMS OF THIS AGREEMENT, INCLUDING THE INFORMATION PRACTICES DISCLOSED IN OUR PRIVACY POLICY, THE USE RESTRICTIONS IN THE ACCEPTABLE USE POLICY AND THE TERMS AND CONDITIONS IN THE ADDITIONAL TERMS. YOU ALSO AGREE TO RESOLVE ANY DISPUTE THAT YOU MAY HAVE WITH US OR THE SERVICES IN JURISDICTION OF ALIGARH, UTTAR PRADESH, INDIA. IF YOU DO NOT AGREE WITH THIS AGREEMENT, YOU CANNOT USE THE SERVICES. Please note that we offer the Services “AS IS” and without warranties. If you create an account or use the Services on behalf of an individual or entity other than yourself, you represent that you are authorized by such individual or entity to accept this Agreement on such individual’s or entity’s behalf.

1. ABOUT THE SITE

Portions of the Services can be viewed without a Mynahcare account. To benefit from all of the Services we offer, you must create a Mynahcare account and provide certain basic information about yourself, which you authorize Mynahcare to use and disclose as described in our Privacy Policy.

You acknowledge that although some Content may be provided by healthcare professionals, the provision of such Content does not create a medical professional/patient relationship, and does not constitute an opinion, medical advice, or diagnosis or treatment, but is provided to assist you in choosing a doctor, dentist or other healthcare specialist, professional, provider, or organization (collectively, “Healthcare Provider”). “Content” means content, text, data, graphics, images, photographs, video, audio, information, suggestions, guidance, and other materials provided, made available or otherwise found through the Services and/or Site, including, without limitation, Content provided in direct response to your questions or postings.

WHILE WE MAKE REASONABLE EFFORTS TO PROVIDE YOU WITH ACCURATE CONTENT, WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK, PRICE OR COST INFORMATION, BENEFIT INFORMATION, OR ANY OTHER CONTENT AVAILABLE THROUGH THE SERVICES. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON ANY SUCH CONTENT. FURTHERMORE, WE DO NOT IN ANY WAY ENDORSE OR RECOMMEND ANY INDIVIDUAL OR ENTITY LISTED OR ACCESSIBLE THROUGH THE SERVICES.

2. WE DO NOT PROVIDE MEDICAL ADVICE

The Content that you obtain or receive from Mynahcare, its employees, contractors, partners, sponsors, advertisers, licensors or otherwise through the Services, is for informational, scheduling and payment purposes only. All medically related information, including, without limitation, information shared via Mynahcare News, Drugs & Medications, Consult, Mynahcare social channels, Mynahcare emails and text messages, and Mynahcare advertising, comes from independent healthcare professionals and organizations and is for informational purposes only.

WHILE MYNAHCARE TAKES PROPER CARE TO SEE THAT THE CONTENT ON THE INFORMATION SECTIONS LIKE NEWS, DRUGS AND MEDICATIONS IS USEFUL IN YOUR HEALTHCARE JOURNEY, IT IS NOT INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. HENCE DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL ADVICE FROM A QUALIFIED HEALTHCARE PROVIDER, UNDER ANY CIRCUMSTANCE. DO NOT USE THE SERVICES FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, IMMEDIATELY CALL A HEALTHCARE PROFESSIONAL. YOUR USE OF THE CONTENT IS SOLELY AT YOUR OWN RISK. NOTHING STATED OR POSTED ON THE SITE OR AVAILABLE THROUGH ANY SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE, DENTISTRY, NURSING, OR OTHER PROFESSIONAL HEALTHCARE ADVICE, OR THE PROVISION OF MEDICAL CARE.

At the same time, we also understand that the information that you seek through CONSULT either on Text or e-mail or through the website is purely based on the Doctor/Consultant advise based on the query that you have submitted.
We do not recommend or endorse any specific tests, Healthcare Providers, procedures, opinions, or other information that may appear through the Services. If you rely on any Content, you do so solely at your own risk. We encourage you to independently confirm any Content relevant to you with other sources, including the Healthcare Provider’s office, medical associations relevant to the applicable specialty, your state medical boards, and the appropriate licensing or certification authorities to verify listed credentials and education.

3. NO DOCTOR PATIENT RELATIONSHIP

DOCTORS, DENTISTS, NURSES, AND OTHER MEDICAL PROFESSIONALS USE THE SERVICES TO SHARE CONTENT WITH YOU, BUT YOUR USE OF THIS CONTENT IS NOT A SUBSTITUTE FOR HEALTHCARE. NO LICENSED MEDICAL PROFESSIONAL/PATIENT RELATIONSHIP IS CREATED WHEN YOU USE THE SERVICES OR CONTENT. THIS IS TRUE WHETHER SUCH CONTENT IS PROVIDED BY OR THROUGH THE USE OF THE SERVICES OR THROUGH ANY OTHER COMMUNICATIONS FROM MYNAHCARE INCLUDING, WITHOUT LIMITATION, THE “SEARCH – DOCTORS, CLINICS & HOSPITAL” FEATURE, MYNAHCARE CONSULT, MYNAHCARE SOCIAL CHANNELS, MYNAHCARE EMAILS OR TEXT MESSAGE LINKS TO OTHER SITES, OR ANY ASSISTANCE WE MAY PROVIDE TO HELP YOU FIND AN APPROPRIATE HEALTHCARE PROVIDER IN ANY FIELD.

Mynahcare encourages Healthcare Providers to use the Services responsibly, but we have no control over, and cannot guarantee the availability of, any Healthcare Provider at any particular time. We will not be liable for cancelled or otherwise unfulfilled consultations, or any injury resulting therefrom, or for any other injury resulting or arising from, or related to, the use of the Site or Services whatsoever.

4. AUTHORIZATION AND ACKNOWLEDGEMENT; IMPORTANT INFORMATION ABOUT HEALTHCARE PROVIDER RELATIONSHIPS AND HEALTHCARE PROVIDER LISTS

In connection with using the Site and the Services to locate and schedule online consultation with Healthcare Providers, you understand that:

YOU ARE RESPONSIBLE FOR CHOOSING YOUR OWN HEALTHCARE PROVIDER.

Mynahcare makes reasonable efforts to ensure that Healthcare Providers only participate in the Services if they hold all active licenses required by law to practice the specialties of the services offered by them, and are not excluded from participation in the Medicare and Medicaid programs. Mynahcare may exclude Healthcare Providers who, in Mynahcare’s discretion, have engaged in inappropriate or unprofessional conduct.

Some Healthcare Providers listed through the Services enter into contracts with us, and may pay us a fee in order to be marketed through the Services. To help you find Healthcare Providers who may be suitable for your needs, and enable the maximum choice and diversity of Healthcare Providers participating in the Services, we will provide you with lists and/or profiles of Healthcare Providers. These results are based on information that you provide to us, geographical location, and healthcare specialty. They may also be based on other criteria (including, for example, Healthcare Provider availability, past selections by and/or ratings of Healthcare Providers by you or by other Mynahcare users, and past experience of Mynahcare users with Healthcare Providers). Note that Mynahcare (a) does not recommend or endorse any Healthcare Providers, (b) does not make any representations or warranties with respect to these Healthcare Providers or the quality of the healthcare services they may provide, and (c) does not receive any additional fees from Healthcare Providers for featuring them (i.e., higher or better placement on lists) through the Services (subject to Sponsored Results as described below). Note, however, to the extent that you use the Services as provided by your employer, Mynahcare may provide lists and/or profile previews based also on criteria determined by your employer and your employer’s agents or advisors.

To provide you with even more options, we may show you sponsored results (“Sponsored Results”) on the Site, including above the search results. Mynahcare receives additional fees from Healthcare Providers for providing Sponsored Results. Sponsored Results shown through the Services are not, and should not be considered, an endorsement or recommendation by Mynahcare of the Healthcare Provider.

5. THE SERVICES AND CONTENT ARE INFORMATIONAL AND EDUCATIONAL RESOURCES

The Services are an informational and educational resource for consumers and Healthcare Providers. We may, but have no obligation to, publish Content through the Services that is reviewed by our editorial personnel. No party (including Mynahcare) involved in the preparation or publication of such works guarantee that the Content is timely, accurate or complete, and they will not be responsible or liable for any errors or omissions in, or for the results obtained from the use of, such Content.

5.1 Healthcare Provider Content:

Healthcare Provider and practice Content is intended for general reference purposes only. Healthcare Provider Content may be provided by the Healthcare Provider and/or in-house editorial team, and collected from multiple other data sources that may not be confirmed by the Healthcare Provider. Such Content can change frequently and may become out of date, incomplete or inaccurate. Neither the Site nor Mynahcare provides any advice or qualification certification about any particular Healthcare Provider.

5.2 Procedures/Products/Services:

The procedures, products, services and devices discussed and/or marketed through the Services are not applicable to all individuals, patients or all clinical situations. Any procedures, products, services or devices represented through the Services by advertisers, sponsors, and other participants of the Services, either paid or unpaid, are presented for your awareness and do not necessarily imply, and we make no claims as to, safety or appropriateness for any particular individual or prediction of effectiveness, outcome or success.

5.3 Mynahcare Consult:

The consult feature on the web application enables Healthcare Practitioner and Patients to connect with each other on the platform via two modes:

  • Ask a Free Question
  • Consult Privately

5.3.1 Ask a Free Question – Enables users to connect with Healthcare Practitioner by posting health related queries on the section. On Moderation and reply from Practitioner, the queries will be then visible for the public area on the Mynahcare website. Mynahcare will not be responsible for the practitioner’s choice or response made by them.

5.3.2 Consult Privately – Through this model, the user may post queries on Consult section by selecting the practitioner of their choice through the list which is made available to them with a wide variety of specialization, experience and geographical location proximity to user’s location. The process on how it works is as follows:

  • The user selects a specialty on which the user wants to query and then selects a particular practitioner based on the user’s choice of experience and further specialization after which the practitioner may display/showcase the pre-consultation fee payable for the advice solicited and in such cases Mynahcare will remit the amount to the practitioner on a monthly basis on the overall queries received with a deduction of 2.9% as Payment Gateway Service Provider Service Charge. Upon completion of payment confirmation received from Mynahcare, the practioner shall provide his/her response to the query. The amount paid to practitioner is non-refundable unless there has been an issue of non-compliance of the applicable law/rules/regulations/guidelines or of the terms contained hereunder by the practitioner in which case Mynahcare shall investigate and the amount will be refund, subject to discretion of Mynahcare. In any other cases, Mynahcare shall not be liable to provide refund or be responsible for the nature of advice provided by the practitioner.
  • Mynahcare shall charge a platform fee on the practitioner and patient, which will be a nominal fee for the service platform being provided by Mynahcare. The amount levied and payable by Practitioner shall appear on the practitioners account and the amount levied and payable by the patient will appear when the patient is making payment to the practitioner respectively.
  • The payment gateway option is being provided to the patients to make collection of payments easier and hassle free. For the Practitioners Mynahcare will make a monthly summary of payments and deduct the service charge(s) and shall transfer to the bank account details provided by practitioner. Mynahcare will not be responsible for loss of money if any. In case of being a technical failure, at the time of transaction of making payment, you could reach us via support@mynahcare.com with your username and transaction details.

5.4 Terms for Practitioners

  • On receiving the patient’s communication, the practitioner shall reply to the patient in 6 working hours understanding that the working hours start from 10AM IST and end at 8PM IST excluding Sundays and Public Holidays governed by rules of Government of India and it’s states. In case of non-compliance with regard to reverting/ adhering to the applicable laws/ rules/ regulations/ guidelines by the Practitioner, Mynahcare has the right to show other available Practitioners to the patient or remove Practitioners from the platform/ application/site.
  • The Practitioner understands and agrees that, Mynahcare shall at its sole discretion, at any time be entitled to, show other Practitioners available for consultation. The Practitioner further understands that, there is a responsibility on the Practitioner to treat the patients on this model, as the Practitioner would have otherwise treated the patient on a physical one-on-one consultation model.
  • The Practitioner has the discretion to cancel any consultation at any point in time in cases where the Practitioner feels, it is beyond his/her expertise or his/her capacity to treat the patient. In such cases, patient has the option of choosing other Practitioners.
  • The Practitioner shall at all times ensure that all the applicable laws that govern the Practitioner shall be followed and utmost care shall be taken in terms of the consultation being rendered. The Practitioner acknowledges that should Mynahcare find the Practitioner to be in violation of any of the applicable laws/rules/ regulations/guidelines set out by the authorities then Mynahcare shall be entitled to cancel the consultation with such patient or take such other legal action as may be required.
  • It is further understood by the Practitioner that the information that is disclosed by the patient at the time of consultation, shall be confidential in nature and subject to patient and Practitioner privilege. The Practitioner shall ensure patient’s consent is obtained prior to uploading the prescription/health records of the patient on the account of the patient during such consultation.

5.5 Term for Patients:

  • The User hereby grants consent to Mynahcare to feature the queries posted by the User on the Mynahcare – Ask a Free Question model and agrees that any such information provided by the User will be subject to Mynahcare Privacy Policy.
  • Mynahcare Consult is intended for general purposes only and is not meant to be used in emergencies/serious illnesses requiring physical consultation. Further, if the Practitioner adjudges that a physical examination would be required and advises ‘in-person consultation’, it is the sole responsibility of the patient, to book an appointment for physical examination and in-person consultation whether the same is with the Practitioner listed hereunder or otherwise. In case of any negligence on the part of the patient in acting on the same and the condition of the patient deteriorates, Mynahcare shall not be held liable.
  • The User understands and agrees that Mynahcare Consult, is merely a consulting model, any interactions and associated issues with the Practitioner on Mynahcare Consult including but not limited to the User’s health issues and/or the User’s experiences is strictly between the User and the Practitioner. The User shall not hold Mynahcare responsible for any such interactions and associated issues.
  • As a User, you understand that, Mynahcare is not a medical service provider, nor is it involved in providing any healthcare or medical advice or diagnosis, it shall hence not be responsible for any outcome from the consultation between the User and the Practitioner.
  • Mynahcare Consult is a platform being made available to Users to assist them to obtain consultation from Practitioners and does not intend to replace the physical consultation with the Practitioner. You understand that, your conversations with the Practitioner may be retained in our database, for legal and/or administrative requirements (example: to resolve issues raised by Users either for refund or to conduct investigation in case of issues raised by Users).
  • If you decide to engage with a Practitioner to procure medical services to you, you shall do so at your own risk. Mynahcare shall not be responsible for any breach of service or service deficiency by any Practitioner.
  • If you decide to use the payment gateway to make payments online, it is solely at your discretion. Should there be any issues with regard to the payment not reaching the respective Practitioner’s account, please reach out  to support@mynahcare.com

5.6 Cancellation/Refunds In case of patients, where the Practitioner has acted in contravention with any guidelines/applicable laws/rules/regulations, Mynahcare shall provide complete refund to the patient, subject to investigation undertaken by Mynahcare. However, where the cancellation is due to the abusive nature of the patient, such patient shall not be eligible for any refund and Mynahcare/Practitioner shall be entitled to take any legal action, depending upon the gravity of the matter. Read More

5.7 SEARCH FOR DOCTORS/CLINICS & HOSPITALS

  • Mynahcare collects, directly or indirectly, and displays on the Website, relevant information regarding the profile and practice of the Practitioners listed on the Website, such as their specialization, qualification, fees, location, visiting hours, and similar details. Mynahcare takes reasonable efforts to ensure that such information is updated at frequent intervals. Although Mynahcare screens and vets the information and photos submitted by the Practitioners, it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.
  • The Services provided by Mynahcare or any of its licensors or service providers are provided on an "as is" and “as available’ basis, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). Mynahcare does not provide or make any representation, warranty or guarantee, express or implied about the Website or the Services. Mynahcare does not guarantee the accuracy or completeness of any content or information provided by Users on the Website. To the fullest extent permitted by law, Mynahcare disclaims all liability arising out of the User’s use or reliance upon the Website, the Services, representations and warranties made by other Users, the content or information provided by the Users on the Website, or any opinion or suggestion given or expressed by Mynahcare or any User in relation to any User or services provided by such User.
  • The Website may be linked to the website of third parties, affiliates and business partners. Mynahcare has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through our Website. Inclusion of any link on the Website does not imply that Mynahcare endorses the linked site. User may use the links and these services at User’s own risk.
  • Mynahcare assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If a User is dissatisfied with the Website, User’s sole remedy is to discontinue using the Website.
  • If Mynahcare determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, Mynahcare reserves the right to immediately suspend your access to the Website or any of your accounts with Mynahcare and makes such declaration on the website alongside your name/your clinic’s name as determined by Mynahcare for the protection of its business and in the interests of Users. You shall be liable to indemnify Mynahcare for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected Mynahcare or its Users.

6. REVIEWS AND FEEDBACK

By using this Website, you agree that any information shared by you with Mynahcare or with any Practitioner will be subject to our Privacy Policy.
You are solely responsible for the content that you choose to submit for publication on the Website, including any feedback, ratings, or reviews (“Critical Content”) relating to Practitioners or other healthcare professionals. The role of Mynahcare in publishing Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. Mynahcare disclaims all responsibility with respect to the content of Critical Content, and its role with respect to such content is restricted to its obligations as an ‘intermediary’ under the said Act. Mynahcare shall not be liable to pay any consideration to any User for re-publishing any content across any of its platforms.
You agree that Mynahcare may contact you through telephone, email, SMS, or any other electronic means of communication for the purpose of:

  • Obtaining feedback in relation to website or Mynahcare’s services and/or
  • Obtaining feedback in relation to any Practitioners listed on the website; and/or
  • Resolving any complaints, information or queries by Practitioners regarding your critical content

and you agree to provide your fullest co-operation further to such communication by Mynahcare.

7. YOUR PERSONAL INFORMATION

Protecting patient privacy and keeping your information secure are among our biggest priorities. This section will help you understand what information we ask for and why.

To create a Mynahcare account, you must provide a few pieces of basic information about yourself. When you book an online consultation through Mynahcare, we pass along this information to your Healthcare Provider/Practitioner on your behalf.

If you wish to benefit from other Services we provide, you can choose to share additional information with Mynahcare. Our Privacy Policy details how we may use, share, and maintain the information that you voluntarily share with Mynahcare, which may include, without limitation, your name, address, contact information, medical history and current medical needs, billing information, and other information (collectively, “Personal Information”).

By submitting such information, you authorize Mynahcare, its employees, its agents and others operating on its behalf to use and/or disclose such information in accordance with our Privacy Policy. Please review the Privacy Policy carefully, as your use of the Services constitutes your agreement to it.

You acknowledge and agree that such information will be reviewed and approved by you or someone authorized by you at the time of your online consultation to ensure its accuracy. You also acknowledge that Mynahcare may use the data or information you provide in a My Account in accordance with our Privacy Policy.

8. Changes to the Services; New Services; Additional Terms

8.1 Changes to the Services; New Services

We may from time to time add new features to the Services, substitute a new service for one of the existing Services, or discontinue or suspend one of the existing Services. Under no circumstances will Mynahcare be liable for any suspension or discontinuation of any of the Services or portion thereof, and the use of new services will be governed by this Agreement.

8.2 Additional Terms

Some Services may have additional terms (including, without limitation, policies, guidelines, and rules) that will further govern your use of that particular Service, and supplement this Agreement. If you choose to register for, access or use any such Services, you may be presented with such additional terms. By using those Services, you agree to comply with any such additional terms, which are incorporated by reference into this Agreement.

9. LINKS TO OTHER WEBSITES

While using the Services, you may encounter links to other websites. These links are provided for your convenience only and we do not endorse these sites or the products and services they provide. You acknowledge and agree that we are not responsible or liable for the content or accuracy of these other websites. Although we attempt to link only to trustworthy websites, it is possible that they will contain materials that are objectionable, unlawful, or inaccurate and we will not be responsible or liable for the legality or decency of material contained in or accessed through such other websites.

10. YOUR USE OF CONTENT

All of the Content is owned by us or our licensors and is protected by copyright, trademark, patent, and trade secret laws, other proprietary rights, and international treaties. You acknowledge that the Services and any underlying technology or software used in connection with the Services contain Mynahcare’s proprietary information. We give you permission to use the Content for personal, non-commercial purposes only and do not transfer any intellectual property rights to you by virtue of permitting your use of the Services. You may print, download, and store information from the Site for your own convenience, but you may not copy, distribute, republish (except as permitted in this paragraph), sell, or exploit any of the Content, or exploit the Site or Services in whole or in part, for any commercial gain or purpose whatsoever. Except as expressly provided herein, neither Mynahcare nor its suppliers grant you any express or implied rights, and all rights in the Site and the Services not expressly granted by Mynahcare to you are retained by Mynahcare.

11. DISCLAIMER

We created Mynahcare to improve patients’ healthcare experience, and we want your experience with Mynahcare to be exceptional. While we work hard to make that happen, you acknowledge that we have no control over, and no duty to take any action regarding: (a) which users gain access to the Site and/or the Services, (b) what Content you access, (c) what effects the Content may have on you, (d) how you may interpret or use the Content, or (e) what actions you may take as a result of having been exposed to the Content. You release us from all liability for you having acquired, you having not acquired, or your use of Content. We make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Site and/or the Services. We have no special relationship with or fiduciary duty to you. WE PROVIDE THE SERVICES “AS IS” AND “AS AVAILABLE.” WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE SERVICES AND THE SITE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF INFORMATION PROVIDED BY USERS OF THE SERVICES OR ANY OTHER DATA OR INFORMATION PROVIDED OR RECEIVED THROUGH THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH HEREIN, MYNAHCARE MAKES NO WARRANTIES ABOUT THE INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE THROUGH THE SERVICES OR ANY OTHER SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. MYNAHCARE DOES NOT WARRANT THAT THE SITE OR THE SERVICES WILL OPERATE ERROR-FREE, BUG-FREE OR FREE FROM DEFECTS, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT THE SERVICES, SOFTWARE OR SITE ARE FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEMS.

12. INDEMNIFICATION

Upon a request by us, you agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, parent and other affiliates, from all liabilities, claims, demands and expenses, including Lawyer’s fees, that arise from or are related to (a) your use of the Site and/or Services, or (b) the violation of this Agreement (including without limitation the Terms of Use, the Acceptable Use Policy, and the Additional Terms), or of any intellectual property or other right of any person or entity, by you or any person using your Credentials. The foregoing indemnification obligation does not apply to liabilities, claims and expenses arising as a result of our own gross negligence or intentional misconduct.

13. MISCELLANEOUS

13.1 Changes to these terms of use

We may change these Terms of Use and the other documents that are part of the Agreement at any time, as we reasonably deem appropriate. Upon any such change, we will post the amended terms on the Site; we may also attempt to notify you in some other way. Your continued use of the Site and/or the Services following such posting shall constitute your affirmative acknowledgement of the Terms of Use or other applicable Agreement document, the modification, and agreement to abide and be bound by the Terms of Use or other applicable Agreement document, as amended. We encourage you to periodically review these Terms of Use and the Agreement. IF AT ANY TIME YOU CHOOSE NOT TO ACCEPT THESE TERMS OF USE OR THE AGREEMENT, INCLUDING FOLLOWING ANY SUCH MODIFICATIONS HERETO, THEN YOU MUST STOP USING THE SITE AND THE SERVICES.

13.2 Eligibility:

You must be 18 years of age or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to create an account with us or use the Site and the Services. If you are between the ages of 13 and 18 or the applicable legal age in your jurisdiction, you can use the Site or Services only under the supervision of your parent or guardian who has agreed to these Terms of Use. Those under the age of 13 may not use the Site or Services. Parents or legal guardians of a child under the age of 18 may use the Site or Services on behalf of such minor child. By using the Site or Services on behalf of a minor child, you represent and warrant that you are the parent or legal guardian of such child, and that all references in these Terms of Use to “you” shall refer to such child or such other individual on whose behalf you have authorization to enter into these Terms of Use and you in your capacity as the parent or legal guardian of such child or as the authorized party of such individual.

If you do not qualify under these Terms of Use, do not use the Site or Services. Use of the Services is void where prohibited by applicable law, and the right to access the Site is revoked in such jurisdictions. By using the Site and/or the Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Use.