Terms and Conditions for using vHeal product and services



    This agreement can be read, printed or referenced at http://main.vheal.in/2012/02/terms-and-conditions.html The above will remain the permanent location unless otherwise specified. For your convenience, it is also reproduced below.


    Terms, conditions and contract for Vheal Usage All clients engaging in any commercial, non-commercial, educational, healthcare-related, pro-bono, charity, consultancy or any other kind of work are bound by these terms unequivocally. We reserve the right to change these terms and conditions and would make effort to provide an intimation to all users using mail/groups etc however, the responsibility to re-read and agree lies with the user. All web hosting customers must abide by the following Terms and Conditions of service: ========================= Web Hosting Service Agreement ========================= This Web Hosting Agreement (this 'Agreement') sets forth the terms and conditions of your use of vHeal EMR and the hosting services related to it. You certify that you are at least 18 years of age. To become our account holder, you must read and agree to be bound by all terms and conditions of this Agreement, the fee schedules and any policies that are or may be published by us. This Agreement will become effective when any account order is placed and accepted. By posting notice on vHeal Google Group (http://groups.google.com/group/vheal) we may modify the terms and conditions of this Agreement or the prices of its services, as well as discontinue or change the services offered. You will be bound by the modified Agreement, prices and/or policies if you continue to use the services. Scope of Services and Your Obligations This Agreement defines the terms and conditions of our services as offered by Vheal Emr Provided By Tsm Learning Solutions Pvt Ltd and used by you, including the provision of web hosting services on our servers/ servers hired by us and connectivity to the Internet (the 'Services'). We will provide the Services for the amount of server storage space/ no of users selected in exchange for payment of fees and full compliance with the terms and conditions of this Agreement. In performing the Services, we maintain control and ownership of any and all Internet protocol ('IP') numbers and addresses that may be assigned to you and reserves the right to change or remove any and all IP numbers and addresses at its sole discretion. You are responsible for producing, electronically uploading and maintaining the content (the 'Upload Materials') on your Vheal site, and you hereby warrant that all Upload Materials shall be owned or properly licensed by you and shall not adversely impact the Services or violate any rights of any third parties. You are responsible for ensuring that all Upload Materials will function properly and as intended. You are responsible for all activity originating from your website, unless proven to be a victim of outside hacking or address forgery. You assume responsibility for all material on your Vheal site that may be put on by a third party. Use of the Services requires a certain level of knowledge in the use of Internet languages, protocols, and Vheal, which can vary depending on your anticipated use and desired content of your Vheal site, and you acknowledge that you have the necessary knowledge to create, modify and maintain your Vheal site. We assume no responsibility to provide you with such knowledge. In connection with the Services, we may provide for your use certain tools and software. To the extent that such tools are provided to you, you are granted a nonexclusive, nontransferable license to use the tools in object-code form only for your internal use, solely in connection with the Services provided under this Agreement. All custom work remains the property of Vheal Emr Provided By Tsm Learning Solutions Pvt Ltd, including, but not limited to themes, scripts, modules, etc. We reserve the right to monitor our systems electronically and to access and disclose any information as permitted or required by any law, regulation or other governmental request to operate its systems properly, to protect itself or its accountholders or for any other reason it, in good faith deems necessary. We will fully cooperate with law enforcement authorities in investigating suspected lawbreakers and reserve the right to report to law enforcement any suspected illegal activity we become aware of. It is not our intention that our Services or facilities be used in contravention of any applicable law. You agree to comply with the requirements of the various Acts and laws enacted by the government of India and acknowledge that we are a 'service provider'. We have a policy of terminating accountholders who are copyright infringers or use the system for other than legal and intended activity, without explanation and without refunds. Vheal sites are unmodified sites containing the personal details and other expressions of the persons who post entries on them. Neither the content of websites located on our servers nor the links to other websites are screened, approved, reviewed or endorsed. We are not a publisher of any of the content of websites, or of any content that may be available through the links to and from them, and is acting solely as an Internet web-hosting service provider. The text and other material on such websites are the responsibility of the specific author and are not our statements of advice, opinion or information. We will publish a notice of fee increases 30 days before such increases take effect on the web site. You agree to provide us with accurate and complete billing information, including your legal name, address, telephone number, e-mail address and applicable payment date and to update this information immediately if any change occurs. You agree to pay any and all prices and fees due for Services purchased at this Site at the time you order the Services. All prices and fees are non-refundable unless otherwise expressly noted, even if your Services are suspended, terminated, or transferred prior to the end of the Services term. Any refunds are at the discretion of Tsm Learning Solutions Pvt Ltd Limited Warranty; Limitation of Liability; Indemnification Limited Warranty. You acknowledge that the Services are provided 'as is.' Neither we, nor any of our employees or agents, warrants that the Services will be uninterrupted, error free or free from viruses or other harmful components. We are not responsible for and hereby disclaims any warranties, either expressed or implied, regarding the quality, accuracy, or validity of the data and/or completeness, non-infringement, merchantability or fitness for a particular purpose of information available on its servers or residing on or passing through its interconnecting networks. Use of information obtained from or through the Services is at your risk. Under no circumstances will we be liable to you or any other person for any loss or damage caused by your reliance on information available on its servers or obtained through the Services. Limitation of Liability. IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND DAMAGES RELATED TO CORRUPTION OR DELETION OF WEBSITE CONTENTS) ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE OUR SERVICES (INCLUDING, BUT NOT LIMITED TO, INOPERABILITY OF OUR SERVERS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO US FOR THE SERVICES DURING THE PRIOR TWELVE (12) MONTHS. TO THE EXTENT APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. Indemnification. You agree to indemnify, defend and hold us and our affiliates, directors, officers, employees and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, resulting from any third-party claim, action, dispute or demand related to your use of the Services, your violation of any of the provisions of this Agreement or from your placement or transmission of any materials or content onto our servers. Such liabilities may include, but are not limited to, those arising from the following: (a) with respect to your business,
(i) infringement or misappropriation of any intellectual property rights; infringement or misappropriation of any patient data. (ii) defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity; or
(iii) spamming, or any other offensive, harassing or illegal conduct or violation of the acceptable uses described herein or anti-spam policy; (b) any damage or destruction to our equipment or to any other accountholder in which damage is caused by or otherwise results from acts or omissions by you, your representative(s) or your designees; (c) any personal injury or property damage arising out of your activities related to the Services, unless such injury or property damage is caused solely by our gross negligence or willful misconduct; and any other damage arising from your equipment or your business. Acceptable Uses Use and Misuse of the Services. All complaints of abuse, violation and misuse of the Services, whether described in this Section 4 or otherwise, shall be investigated promptly. If you are not sure if your actions will be an abuse, violation or misuse, please ask first.

You are responsible for all use of your website, with or without your knowledge or consent.

You agree to use the Services only for lawful purposes, in compliance with all applicable laws. Illegality includes, but is not limited to, drug dealing; attempting without authorization to access a computer system; pirating (distributing copyrighted material in violation of copyright law, specifically MP3s, MPEGs, ROMs, and ROM emulators); gambling; schemes to defraud; trafficking in obscene material; sending a message or having content that is obscene, lewd, lascivious, filthy, or indecent with intent to annoy, abuse, threaten, or harass another person; threatening bodily harm or damage to individuals or groups; violating U.S. export restrictions; stalking; or violating other state or federal law, such as the Electronic Communications Privacy Act, the Computer Fraud and Abuse Act, or the Economic Espionage Act. Linking to illegal material is also prohibited.

When we becomes aware of possible violations of this Agreement, we may initiate an investigation that may include gathering information from you and the complaining party, if any, and examination of material on our servers. We in our sole discretion, will determine what action will be taken in response to a violation on a case-by-case basis. Violations of this Agreement could subject you to criminal or civil liability.


You are prohibited from storing, distributing or transmitting any unlawful material through the Services. Examples of unlawful material include, but are not limited to, threats of physical harm, child pornography, and copyrighted, trademarked and other proprietary material used without proper authorization. Pornography and sex-related merchandising, or links to such material, even if legal, are not acceptable uses of our servers. You may not post, upload or otherwise distribute copyrighted material on our servers without the consent of the copyright holder. Unacceptable uses of website content also include the presence of the following programs or the activities associated with them, regardless of whether or not any actual intrusion results in the corruption or loss of data: server broadcast messages or any message sent on an intrusive basis to any directly or indirectly attached network; attempts to circumvent any user authentication or security of host, network, or account; accessing data not intended for user; probing the security of any network; spawning dozens of processes; port scans, ping floods, packet spoofing, and forging router information; denial of service attacks, sniffers, flooding, spoofing, ping bombing, smurfs, winnuke, land and teardrop; promulgation of viruses; and IRC bots, such as eggdrop or BitchX. We support free speech on the Internet and will not suspend or cancel your account simply because it disagrees with your views expressed at your website. However, examples of unacceptable activities include posting private information about a person without his or her consent, defaming a person or business, and knowingly making available code that will have a deleterious effect on third-party computers. Where there are allegations that your online activity has violated the legal rights of a third party, we will not substitute itself for a court of law in deciding tort claims raised by the third party. Advertising: vHeal is brought to you at a rather low cost because we intend to make vHeal advertisement supported. You hereby acknowledge that you are aware of this and you will not have any objection to rotating text or banner advertisement in the bottom panel of your installation. Email Use. Unacceptable affronts to netiquette and unacceptable activities include, but are not limited to, the following: spamming (sending unsolicited advertising to those with which you have no existing business relationship and posting off-topic advertising in newsgroups); spoofing (using a return email address that is not the valid reply address of the sender or sending an email message that does not contain enough information to enable the recipient to identify you); passive spamming (promoting a website hosted by us by spamming from some other source); trolling (posting controversial messages in newsgroups to generate responses); mailbombing (inundating a user with email without any serious intent to correspond or sending large or multiple files to a user); generating a higher volume of outgoing mail than a normal user (over 5% of available system resources); propagating chain letters; and subscribing someone else to an electronic mailing list without that person's permission. A message is considered unsolicited if it is posted in violation of a newsgroup charter or sent to a recipient who has not requested the message. Making an email address available to the public does not constitute a request to receive messages. Distribution of mass emailing programs is also prohibited. All recipients on a mailing list must have personally subscribed. Mailing lists may not be used to distribute unsolicited email. If you are repeatedly mailbombed or attract such behavior, the Services will be terminated. You should not send email to any user who does not wish to receive it, either here or elsewhere. We recognize that email is an informal medium; however, you must refrain from sending further email to a user after receiving a request to stop. You may not alter the headers of email messages to disguise their identity or to prevent users from responding to the messages. We may disclose the usernames of accounts responsible for forged email messages to system administrators or users requesting the information. Violations of our policies outlined herein can sometimes result in massive numbers of email responses. If you receive so much email that our resources are affected, our staff may shut down your mailbox. System Security. You are prohibited from utilizing the Services to compromise the security of system resources or accounts on our servers or at any other site. Use or distribution of tools designed for compromising security or containing viruses or trojans are prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.

If you are involved in violations of system security, we reserve the right to release all usernames of users involved in such violations to system administrators at other sites in order to assist them in resolving security incidents. We will also fully cooperate with law enforcement authorities in investigating suspected lawbreakers. System Resources. System abuse includes any use of our resources that disrupts the normal use of its servers or services for others. Examples of system abuse include running excessive numbers of processes or consuming excessive amounts of CPU time, memory or disk space (over 5% of available system resources).

Any usage that Vheal Emr Provided By Tsm Learning Solutions Pvt Ltd identifies as an undue burden on our system is unacceptable. In such cases your account may be terminated immediately and without prior notice.

Further, running programs in the background on one of our servers without our prior written authorization, or non-Vheal running chat rooms, Internet Relay Chat, IRC bots, more than 100 emails a day and the like are not acceptable uses of our servers. Right to Terminate Agreement (We reserve the right to suspend or terminate the Services to you and remove or prevent access to any material from your website at any time, without prior notice or liability, for any conduct that we, in our sole discretion, believes violates this Agreement or is otherwise harmful to our interests or the interests of other accountholders. We also reserve the right to seek injunctive, declaratory, interpleader or other judicial or equitable relief (and, pending such action, to suspend all access to your website) if any third-party claim is made that your website content or use violates any of the acceptable uses or your obligations or representations described in this Agreement. Miscellaneous You may not assign your rights and obligations under this Agreement without the prior written consent from us, which may be withheld at our discretion. Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties. Our failure to require your performance of any provision hereof shall not affect the right to require such performance thereafter; nor shall the waiver by us of a breach of any provision hereof be taken or held to be a waiver of the provision itself. Any action for any claim arising under, or in connection with, this Agreement must be commenced by you within one month after the alleged cause of action has accrued or after the date of termination of this Agreement, whichever is earlier. In the event that any provision of this Agreement is deemed unenforceable or invalid, such unenforceability or invalidity shall not affect the remainder of this Agreement. Such provision may be amended or replaced with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of the parties as reflected in the original provision. No provision of this Agreement may be amended or modified by you except by means of a written document signed or expressly assented to by us. All terms and conditions of this Agreement that should by their nature survive termination of this Agreement shall so survive. This Agreement and the order form, together with all amendments or modifications to any of them, constitute the complete and exclusive agreement between you and us and supersede and govern all prior proposals, agreements, or other communications. We have a responsibility to ensure that each of our clients is provided with the best services we have available. We are in no way responsible for the archiving of a site. It is the sole responsibility of the site creator to copy, back-up or archive all files that constitute a web site. Content All services provided by us may be used for lawful purposes only. Transmission, storage, or presentation of any information, data, or material in violation of any Indian law is prohibited. This includes, but is not limited to copyrighted material, material we judge to be threatening or obscene or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold us harmless from any claims resulting from the use of the service, which damages the subscriber or any other party. Pornography and sex-related merchandising is prohibited on all our servers. This includes sites that may infer sexual content or links to adult content elsewhere. We will be the sole arbiter in determining violations of this provision. Also prohibited are sites that promote any illegal activity or present content that may be damaging to our servers or any other server on the Internet. Links to such materials are also prohibited. Examples of unacceptable content or links: Pirated software, hacker programs or archives, Warez sites. We will be the sole arbiter as to what constitutes a violation of this provision. Commercial Advertising – Email: Spamming, or the sending of unsolicited email, from our server or using an email address or domain that is maintained on our machine as reference is STRICTLY prohibited. We will be the sole arbiter as to what constitutes a violation of this provision. Chat Rooms: We do not allow clients to install their own chat rooms. These tend to be a large drain on system resources and we cannot allow it as an account option. Background Running Programs: We may allow programs to run continually in the background. These are considered on a case-by-case basis and an extra charge will be incurred based on system resources used and operational maintenance needed. IRC: We currently do not allow IRC or IRC bots to be operated on our servers. Additional Software: We currently do not allow any software but Vheal to be loaded. Other software is at our discretion. Domain Pointing: Domain pointers are to be used for the purpose of having more than one way to find the same site, not for the purposes of sharing an account among multiple sites. A domain pointer may not be set up to reference a subdirectory within an existing Web hosting account served by us or any other provider. Server Abuse: Any attempt to undermine or cause harm to a server, or customer of ours is strictly prohibited, and will result in immediate termination or prosecution. By ordering service from us, you agree to be bound by and to comply with this Agreement just as if you had signed it – the legal equivalent of your signature on a written contract. Refusal of Service: We reserve the right to refuse, cancel, or suspend service at our sole discretion. All Sub-Networks, distributive hosting sites and dedicated servers we operate must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate account deactivation without refund. All Rights Reserved © 2012 vHeal.in ========================================== TERMS AND CONDITIONS OF USE of EMR, third party modules, plugins and vheal WEBSITES & SERVICES ========================================== Neither Vheal nor Tsmls Pvt Ltd is an expert on the particulars of your business or practice including, by way of example and not limitation, past, present or future practice parameters, technological capabilities, technological requirements, legal obligations, and billing requirements; nor is vHeal nor TSMLS Pvt Ltd going to become an expert on any of these matters. vHeal nor TSMLS Pvt Ltd solely offers you a summary of the features and functional parameters that various Electronic Medical Record, Medical Billing and other companies purport to provide through their products, systems and services. The information about those Electronic Medical Record and Medical Billing products, systems, services and companies is provided by Vheal/ Tsmls Pvt Ltd in good faith but it is based upon information provided by the Electronic Medical Record and Medical Billing companies and Vheal/ Tsmls Pvt Ltd have not verified nor will it verify or warrant any information. No Warranties or Representations are made by Vheal/ Tsmls Pvt Ltd about The Electronic Medical Record or Medical Billing Products, Systems or Services. vHeal nor TSMLS Pvt Ltd and you and your company hereby acknowledge and agree that the only available warranties and representations pertaining to any Electronic Medical Record, Medical Billing products, and/or other software, hardware, systems or services that vHeal nor TSMLS Pvt Ltd may introduce to you are those made or offered by the respective Electronic Medical Record and/or Medical Billing companies, or other vendors that manufacture or sell the products, systems or services. Vheal/ Tsmls Pvt Ltd and you and your company specifically acknowledge and agree that Vheal/ Tsmls Pvt Ltd will not independently investigate or verify any claims, representations or warranties that a manufacturer or seller may make about its Electronic Medical Record, Medical Billing products, and/or other software, hardware systems or services. Vheal/ Tsmls Pvt Ltd does not evaluate the financial stability of companies whose products it recommends, and is not responsible for adverse events that may occur in the event your chosen provider is no longer able to provide products or services to you, whether through bankruptcy or otherwise. Disclaimer of Warranties THIS WEBSITE, ITS CONTENT AND ANY MERCHANDISE CONTAINED HEREIN ARE PRESENTED "AS IS." NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE BY Vheal/ Tsmls Pvt Ltd, ITS AGENTS, AFFILIATES, EMPLOYEES, OR OFFICERS. Indemnification of Vheal/ Tsmls Pvt Ltd by You and Your Company You and your company shall indemnify Vheal/ Tsmls Pvt Ltd and its affiliates, employees, officers, directors, attorneys and agents from and against any and all loss, cost, damage, claim, expense or liability, including but not limited to liability as a result of injury to or death of any person or damage to or loss or destruction of any property, resulting from or arising out of or in connection with this website or arising out of or in connection with the use by you or your company of an Electronic Medical Record and/or Medical Billing product, and/or other system or service introduced to you or your company herein. Upon request by Vheal/ Tsmls Pvt Ltd, you and your company shall at no cost to Vheal/ Tsmls Pvt Ltd defend any suit asserting a claim for any loss, damage or liability specified above and you and your company shall pay any costs and attorneys' fees that may be incurred by Vheal/ Tsmls Pvt Ltd in connection with any such claim or suit. Limitation of Liability TO THE FULL EXTENT PERMISSIBLE UNDER ANY LAW, Vheal/ Tsmls Pvt Ltd DISCLAIMS ALL WARRANTIES. Vheal/ Tsmls Pvt Ltd IS NOT RESPONSBLE FOR ANY DIRECT OR INDIRECT DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY INJURY, LOSS, CLAIM, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, ARISING FROM THE USE OF THIS WEBSITE OR THE USE OF ANY ELECTRONIC MEDICAL RECORD AND/OR MEDICAL BILLING PRODUCT, AND/OR OTHER SYSTEMS OR SERVICE INTRODUCED BY THIS WEBSITE. Compensation Vheal/ Tsmls Pvt Ltd furnishes you the information set forth herein without any charge to you or your company. In the event that you and/or your company enter into an agreement or transaction with a third party for acquisition of an Electronic Medical Record and/or Medical Billing product, and/or other system or service, or in other situations, then Vheal/ Tsmls Pvt Ltd may be paid a referral fee by such third party. Vheal/ Tsmls Pvt Ltd may be paid for providing your questionnaire to companies that it believes have products or services that are appropriate for you, and we may provide this information to companies which we believe are appropriate before, at the same time, or after we provide you with recommendations. If you acquire an EMR or Medical Billing product, system or service after we have made recommendations to you, you agree to notify us of the name of the EMR and/or Medical Billing product, system or service you have acquired within 90 days of acquisition, and to let us know your level of satisfaction with that product and/or service. In addition, we may notify you of other offers which we believe may be of interest to you. Medical Malpractice Liability Vheal/ Tsmls Pvt Ltd and you and your company hereby acknowledge and agree that businesses, medical providers and practices such as yours have obligations and liabilities under National and state statutes, regulations and common laws that will be directly impacted by your choice of and acquisition of an Electronic Medical Record and/or Medical Billing product, system or service. By way of example and not limitation, your fulfillment of your obligations under such laws will be directly affected by the Electronic Medical Record product, system or service that you use and your obligations under Medicare will be directly affected by the Medical Billing product, system or service that you use. Vheal/ Tsmls Pvt Ltd, you and your company hereby acknowledge and agree that it is your responsibility and not Vheal/ Tsmls Pvt Ltd's responsibility to perform a due diligence investigation of any Electronic Medical System and/or Medical Billing product, and/or other system or service prior to acquisition to determine the efficacy and appropriateness of the same to you, your business, and/or medical practice. Vheal/ Tsmls Pvt Ltd does not practice medicine, and shall not be responsible for the medical outcome of any of your patients, under any circumstances. Severability The invalidity or unenforceability of any provisions of the Terms and Conditions of Use of this Website for any reason by statute, court or otherwise shall not affect the validity, legality or enforceability of any other provision of this Terms and Conditions of Use of this Website which shall remain in full force and effect. Copyright & Patent All content included on this site, including all data, text, graphics, our logo and software is the property of Vheal/ Tsmls Pvt Ltd and is protected to the full extent of Indian and international copyright laws. All software, content and the compilation of the components of this website are the property of Vheal/ Tsmls Pvt Ltd and are protected by all applicable copyright laws. The website and its contents may only be used as permitted by Vheal/ Tsmls Pvt Ltd, and all other uses, including reproduction, modification, distribution, transmission, republication, display or performance of the contents of this website is strictly prohibited. Trademark vHeal is a trademark of Tsmls Pvt Ltd (applied for). This trademark may not be used in any way that is likely to cause confusion, dilute the mark or in any manner that discredits TSM. Permitted Uses You may use the website of vheal for your personal, non-commercial use. You cannot distribute or transfer any copies/ screenshots to third parties in exchange for money or other consideration. You may not copy, display, distribute, transmit, publish, license, modify, reformat, create derivative works from, or sell any webpages or information from webpages belonging to vheal. No License Granted Your use of the Vheal/ Tsmls Pvt Ltd website does not give you or entitle you to a license or any other rights whatsoever from Vheal/ Tsmls Pvt Ltd including intellectual property rights. Notice of Alleged Copyright Infringement If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the agent of Vheal/ Tsmls Pvt Ltd the following information in writing: an electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right which is allegedly being infringed; identification of the copy-written work that is alleged to have been infringed; identification of the material which needs to be removed or altered and a sufficiently detailed description of the location of the protected material on the website; sufficient means for the company to contact you; a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law and that you have the authority to make that statement; a statement, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Vheal/ Tsmls Pvt Ltd's copyright agent for notice of claims of infringement can be contacted at s.bhatia@tsmls.org Privacy Policy We do not collect any patient identifiable data. We do not sell the basic details that we collect about your identity. Regarding third party plugins, usage of vHeal features and paid or research oriented modules: Depending upon the terms and conditions that we may sign with a third party, which will be equally applicable to you, or for internal use for the purpose of assessing usage, determining costs of usage of features, additional paid modules if any, modules' usability, popularity and priority for bug-fixing, improvement of features or retirement of modules, we may collect non-identifiable data (anonymous) which will not reveal any patient identifiable information, nor will it be sold or shared with any external agency on as-is basis except for law enforcement agencies like Government of India or Courts of Law etc. A note about Beta Version: Beta (named after the second letter of the Greek alphabet) is the software development phase following alpha. It generally begins when the software is feature complete. Software in the beta phase will generally have many more bugs in it than completed software, as well as speed/performance issues. The focus of beta testing is reducing impacts to users, often incorporating usability testing. The process of delivering a beta version to the users is called beta release and this is typically the first time that the software is available outside of the organization that developed it. The users of a beta version are called beta testers. They are usually customers or prospective customers of the organization that develops the software, willing to test the software. Some developers refer to this stage as a preview, prototype, technical preview (TP), or early access. If you are using beta version of any of the products/ services released by TSM, you must clearly understand the meaning of beta as mentioned above. Beta versions are not final versions and will therefore carry no liability, warranty or guarantee of any sort, be it performance, consistency or usability. Even the feature set may be less than what is planned for final release. As a paying customer using beta, you are guaranteed that all future versions, additional features, updates, upgrades and patches, released during the lifetime of your payment, will be provided free for you; however TSM cautions you to keep backup of your data if your business depends on that data because during this phase, the products/ services are prone to errors, downtime and data loss. Jurisdiction Your use of this website and any purchase you make on or through this website are governed exclusively by the laws of India, without regard to conflict of laws principles, and you consent to the exclusive jurisdiction and venue of the courts of Pune in all disputes arising out of or relating to your purchase of any product or products from this website. The United Nations Convention on the International Sale of Goods does not apply to your use of this website or to any purchase of any product or products from this website. Any questions regarding the Terms and Conditions of Website Use should be directed to: S.bhatia@tsmls.org ==================== Patient portal terms of Use ==================== As a healthcare provider, you must agree to these terms of use of patient portal. You also agree that you will make your patients read and agree to these terms before providing them patient portal access. This is exclusively your responsibility. You/ Your under this section refers to patients who are using the patient portal provided by vHeal.
 The Patient Portal provides communication with your healthcare provider through online access into your personal health information. By using the Patient Portal, other than to review this page for the first time, you agree to comply with the Terms of Use set forth herein. Vheal/ Tsmls Pvt Ltd reserves the right to update or change the Terms of use at any time for any reason by posting the modified Terms of Use. Patient Portal services are only available to users who have been provided access by their healthcare providers. Permitted Uses and Restrictions on Use Subject to the Terms and Conditions of Vheal/ Tsmls Pvt Ltd. ("Vheal/ Tsmls Pvt Ltd") The practice is responsible for granting permission and issuing user accounts to patients to access the Patient Portal. The Patient Portal should never be used for emergency communication, urgent requests or time sensitive material. The Patient Portal is an online access to health records only Vheal/ Tsmls Pvt Ltd is in no way responsible for delays in online communication, transmittal or accuracy of information. Follow-up is the sole responsibility of the patient. The patient is responsible for scheduling any necessary appointments. You are responsible for taking steps to protect yourself from unauthorized use of online communications, such as keeping your password confidential. Vheal/ Tsmls Pvt Ltd is not responsible for breaches of confidentiality caused by you or an independent third party. The practice has the right to determine the extent of the functionality granted in use of the portal . 2. Acceptable Use Policy. You agree to comply with Vheal/ Tsmls Pvt Ltd’s then-current Acceptable Use Policy as posted from time to time. 3. Modifications to the Service or Agreements Vheal/ Tsmls Pvt Ltd reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Patient Portal (or any part thereof) at reasonable notice to you. You agree that Vheal/ Tsmls Pvt Ltd shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Patient Portal. Vheal/ Tsmls Pvt Ltd may specify from time to time the version(s) of related products required in order to use the Patient Portal (e.g. supported browser versions). 4. Termination: You acknowledge and agree that Vheal/ Tsmls Pvt Ltd may suspend or terminate your account and/or deny you access to, use of, or submission of Content for, all or part of the Patient Portal, without prior notice, if you engage in any conduct that Vheal/ Tsmls Pvt Ltd believes, in its sole discretion: (a) violates any term or provision of the Terms of Service, (b) violates the rights of Vheal/ Tsmls Pvt Ltd or third parties, (c) or is otherwise inappropriate for continued access and use of the Patient Portal. In addition, Vheal/ Tsmls Pvt Ltd reserves the right to terminate inactive membership accounts. You agree that upon termination, we may delete all files and information related to your account and may bar your access to your account and the Patient Portal. Further, you (provider as well as patient) agree that Vheal/ Tsmls Pvt Ltd shall not be liable to you or any third-party for any termination of your access to the Patient Portal. You agree to defend, indemnify and hold Vheal/ Tsmls Pvt Ltd harmless from and against any and all claims, losses, liability costs and expenses (including but not limited to attorneys' fees) arising from your violation of the Terms of Service, state or federal laws or regulations, or any third party's rights, including but not limited to infringement of any copyright, violation of any proprietary right and invasion of any privacy rights. This obligation will survive the termination of Patient Portal. 5. Links: The Patient Portal may provide links to other World Wide Web sites or resources. You acknowledge and agree that Vheal/ Tsmls Pvt Ltd is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Vheal/ Tsmls Pvt Ltd shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource. 6. Vheal/ Tsmls Pvt Ltd Proprietary Rights You acknowledge and agree that the Patient Portal contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information that may have been presented to you through the Patient Portal or advertisers is protected by copyrights, trademarks, Service marks, patents or other proprietary rights and laws. 7. No Resale, etc. of the Service You agree not to copy, sell, resell, rent or sublicense (including offering the Patient Portal to third parties on an applications service provider or time-sharing basis), lease, loan, redistribute, or create a derivative work of any portion of the Patient Portal, use of the Patient Portal, or access to the Patient Portal. You agree not to access the Patient Portal by any means other than through the interface that is provided by Vheal/ Tsmls Pvt Ltd for use in accessing the Patient Portal. 8. Disclaimer of Warranties YOU EXPRESSLY UNDERSTAND AND AGREE THAT: a) YOUR USE OF THE PATIENT PORTAL IS AT YOUR SOLE RISK. THE PATIENT PORTAL IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Vheal/ Tsmls Pvt Ltd AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT b) Vheal/ Tsmls Pvt Ltd AND ITS SUPPLIERS MAKE NO WARRANTY THAT (i) THE PATIENT PORTAL WILL MEET YOUR REQUIREMENTS OR RESULT IN ANY REVENUES OR PROFITS, (ii) THE PATIENT PORTAL WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR- FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PATIENT PORTAL WILL BE ACCURATE OR RELIABLE, AND (iv) THE QUALITY OF ANY PRODUCTS, PATIENT PORTAL, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PATIENT PORTAL WILL MEET YOUR EXPECTATIONS. Vheal/ Tsmls Pvt Ltd AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THE TERMS OF USE OR THE PATIENT PORTAL, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. Vheal/ Tsmls Pvt Ltd EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE PATIENT PORTAL WILL SATISFY ANY STATUTORY OR REGULATORY OBLIGATIONS, OR WILL ASSIST WITH, GUARANTEE OR OTHERWISE ENSURE COMPLIANCE WITH ANY APPLICABLE LAWS OR REGULATIONS, INCLUDING BUT NOT LIMITED TO THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 ("HIPAA"), THE GRAMMLEACH-BLILEY ACT OF 1999, THE SARBANES-OXLEY ACT OF 2002, OR OTHER NATIONAL OR INTERNATIONAL STATUTES OR REGULATIONS. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THIS PATIENT PORTAL, RELATED SERVICES OR CONTENT IS IN ACCORDANCE WITH APPLICABLE LAW. c) THE DATA SHOWN IN THE PATIENT PORTAL IS BASED ON THE DATA RECEIVED FROM RESPECTIVE PROVIDERS. Vheal/ Tsmls Pvt Ltd IS NOT RESPONSIBLE ANY INFORMATION NOT YET PROVIDED. Vheal/ Tsmls Pvt Ltd DOES NOT GUARANTEE, IMPLICITLY OR EXPLICITLY, ANY RESULTS. d) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PATIENT PORTAL IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. e) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Vheal/ Tsmls Pvt Ltd OR THROUGH OR FROM THE PATIENT PORTAL SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.
9. Representations and Warranties. You represent that, to the best of your knowledge and belief, your use of the Patient Portal does not directly or indirectly infringe the legal rights of a third party. You further represent and warrant that all information provided by you in connection with your registration is accurate and reliable. 10. Limitation of Liability a) YOU EXPRESSLY UNDERSTAND AND AGREE THAT Vheal/ Tsmls Pvt Ltd AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUES, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES
(EVEN IF Vheal/ Tsmls Pvt Ltd HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE PATIENT PORTAL; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICE RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE PATIENT PORTAL; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE PATIENT PORTAL; OR (v) ANY OTHER MATTER RELATING TO THE PATIENT PORTAL. b) YOU ALSO AGREE THAT Vheal/ Tsmls Pvt Ltd WILL NOT BE LIABLE FOR ANY (a) INTERRUPTION OF BUSINESS, (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THIS SITE OR THE WEB SITE(S) YOU ACCESS THROUGH THIS PATIENT PORTAL ; (c) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) EVENTS BEYOND Vheal/ Tsmls Pvt Ltd'S REASONABLE CONTROL. 11. Exclusions and Limitations SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 13 AND 15 MAY NOT APPLY TO YOU. 12. General Information The Terms of Use constitutes the entire agreement between you and Vheal/ Tsmls Pvt Ltd and governs your use of the Patient Portal, superseding any prior agreements between you and Vheal/ Tsmls Pvt Ltd (including, but not limited to, any prior versions of the Terms of Use) with respect to its subject matter. However, this agreement does not exclude the terms and conditions between you and Vheal/ Tsmls Pvt Ltd for other product offerings, including but not limited to Medical Records, Document Management, Electronic Medical Records, and Patient Online tools. You also may be subject to additional terms and conditions that may apply when you use affiliate or other Vheal/ Tsmls Pvt Ltd services, third-party content or third-party software. Except as otherwise provided herein, the Terms of Use shall be governed by the laws of India without regard to its conflict of law provisions. Except as otherwise provided in the Terms of Use, you and Vheal/ Tsmls Pvt Ltd agree to submit to the personal and exclusive jurisdiction of the courts located within Pune, Maharashtra. The Terms of Use does not limit any rights that Vheal/ Tsmls Pvt Ltd may have under trade secret, copyright, patent, trademark or other laws. The failure of Vheal/ Tsmls Pvt Ltd to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. You agree that any claim or cause of action arising out of or related to use of the Service or the Terms of Use must be filed within one (1) month after such claim or cause of action arose or be forever barred. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.
The Terms of Use will inure to the benefit of Vheal/ Tsmls Pvt Ltd and its successors and assigns. Acceptable Use Policy 1. Responsibility for Content. You understand that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such Content originated. This means that you and your provider, and not Vheal/ Tsmls Pvt Ltd, are entirely responsible for all Content that you upload or otherwise transmit via the Patient Portal. Vheal/ Tsmls Pvt Ltd does not control the Content uploaded or otherwise transmitted by you, providers or other customers via the Patient Portal and, as such, does not guarantee the accuracy, integrity or quality of such Content. In this Policy, "Content" means information, data, text (including but not limited to names of files, databases, directories and groups of the same), software, music, sound, photographs, graphics, video, messages or other materials; and "Services" means the services and/or facilities that Vheal/ Tsmls Pvt Ltd provides to you, for example by subscription or by means of an Vheal/ Tsmls Pvt Ltd-branded web site. 2. Other Conduct. You and your provider agree to not use the Patient Portal to: (a) upload or otherwise transmit any Content or domain name that is unlawful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) harm minors in any way; (c) impersonate any person or entity, including, but not limited to, any Vheal/ Tsmls Pvt Ltd representative, or misrepresent your affiliation with any person or entity; (d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Patient Portal; (e) upload or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (f) upload or otherwise transmit any Content or domain name that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person; (g) upload or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation; (h) upload or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (i) interfere with or disrupt the Services or servers or networks connected to the Patient Portal; or (j) incite or provide instructional information about illegal activities. 3. Other. This Policy is subject to all applicable agreements and terms and conditions between you and Vheal/ Tsmls Pvt Ltd. This Policy is subject to change without notice. Privacy Policy Vheal/ Tsmls Pvt Ltd has one mission: to provide unequaled services that allow our clients to focus on patient care. We are proud to offer this unique service to healthcare providers. As healthcare information professionals, we understand the importance of compliance, informational security, and confidentiality

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