1). NATURE AND APPLICABILITY OF TERMS
The Agreement applies to you whether you are –
- A medical practitioner or health care provider (whether an individual professional or an organization) or similar institution wishing to be listed, or already listed, on the Website, including designated, authorized associates of such practitioners or institutions(“Practitioner(s)”, “you” or “User”);
- A patient, his/her representatives or affiliates, searching for Practitioners through the Website (“End-User”, “you” or “User”);
- Otherwise a user of the Website (“you” or “User”). This Agreement applies to those services made available by Manddo on the Website, which are offered free of charge to the Users (“Services”), including the following:
For Practitioners: Listing of Practitioners and their profiles and contact details, to be made available to the other Users and visitors to the Website.
For other Users: Facility to
(i) search for Practitioners by name, specialty, and geographical area, or any other criteria that may be developed and made available by Manddo, and (iii) to make appointments with Practitioners.
The Services may change from time to time, at the sole discretion of Manddo, and your use of the Website to avail the Service, as well as to all information provided by you on the Website at any given point in time.
This Agreement defines the terms and conditions under which you are allowed to use the Website and describes the manner in which we shall treat your account while you are registered as a member with us. If you have any questions about any part of the Agreement, feel free to contact us at info@Manddo.com.
By downloading or accessing the Website to use the Services, you irrevocably accept all the conditions stipulated in this Agreement and agree to abide by them. This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you. By availing any Service, you signify your agreement to this Agreement.
We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time. You should read the Agreement at regular intervals for any kind of updates. Your use of the Website following any such modification constitutes your agreement to follow and be bound by the Agreement so modified. Any additional terms and conditions, disclaimers, privacy policies and other policies applicable in general and/ or to specific areas of this Website or to particular Service are also considered as part of the Agreement.
You acknowledge that you will be bound by this Agreement for availing any of the Services offered by us. If you do not agree with any part of the Agreement, please do not use the Website or avail any Services. Your access to use of the Website and the Services will be solely at the discretion of Manddo.
The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:
vi. the Indian Contract Act, 1872,
vii. the (Indian) Information Technology Act, 2000, and
viii. the rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”).
2. CONDITIONS OF USE
You must be 18 years of age or older to register, use the Services, or visit or use the Website in any manner. By registering, visiting and using the Website or accepting this Agreement, you represent and warrant to Manddo that you are 18 years of age or older, and that you have the right, authority and capacity to use the Website and the Services available through the Website, and agree to and abide by this Agreement.
The terms in this Clause 3 are applicable only to Users other than Practitioners.
i. 3.1 END-USER ACCOUNT AND DATA PRIVACY
3.1.2 Manddo may by its Services, collect information relating to the devices through which you access the Website, and anonymous data of your usage. The collected information will be used only for improving the quality of Manddo’s services and to build new services.
3.1.3 The Website allows Manddo to have access to registered Users’ personal email or phone number, for communication purpose so as to provide you a better way of booking appointments and for obtaining feedback in relation to the Practitioners and their practice.
i..i. The type of information collected from Users, including sensitive personal data or information;
i..ii. The purpose, means and modes of usage of such information;
i..iii. How and to whom Manddo will disclose such information; and,
i..iv. Other information mandated by the SPI Rules.
i..i. the fact that certain information is being collected;
i..ii. the purpose for which the information is being collected;
i..iii. the intended recipients of the information;
i..iv. the nature of collection and retention of the information; and
i..v. the various rights available to such Users in respect of such information.
3.1.6 Manddo shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User to Manddo or to any other person acting on behalf of Manddo.
3.1.7 The User is responsible for maintaining the confidentiality of the User’s account access information and password, if the User is registered on the Website. The User shall be responsible for all usage of the User’s account and password, whether or not authorized by the User. The User shall immediately notify Manddo of any actual or suspected unauthorized use of the User’s account or password. Although Manddo will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Manddo or others due to such unauthorized use.
3.1.8If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Manddo has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Manddo has the right to discontinue the Services to the User at its sole discretion.
3.1.9Manddo may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.
i..i. Your Health Account is only created after you have signed up and explicitly accepted these Terms.
i..ii. Information available in your Health Account is of two types:
i..ii.a. Patient-created: Information generated and uploaded by you.
i..ii.b. Practice-created: Information generated by your interaction with a Practitioner who uses other Services of software.
i..iii. Any Practice created information is provided on an as-is basis and Manddo does not validate the said information and makes no representation in connection therewith. You should contact the relevant Practitioner in case you wish to point out any discrepancies or add, delete, or modify the information in any manner.
i..iv. The Account is provided on a best-efforts as-is basis. While we strive to maintain the highest levels of service availability, Manddo is not liable for any interruption that may be caused to your access of the Services.
i..v. The ‘SMS Rx Reminder’ provided by the Account is only a supplementary way of reminding you to take your medication as prescribed by your doctor. You should refer to your prescription before taking any medicines. Manddo is not liable if for any reason SMS Rx Reminders are not delivered to you or are delivered late or delivered incorrectly, despite its best efforts.
i..vi. It is your responsibility to keep your correct mobile number and email ID updated in the Account. The records will be sent to the account associated with this mobile number and/or email ID. Every time you change any contact information (mobile or email), we will send a confirmation. Manddo is not responsible for any loss or inconvenience caused due to your non-updation of your contact details for the Health Account.
i..vii. Manddo uses industry–level security and encryption to your Account. However, Manddo cannot guarantee prevent unauthorized access if you lose your login credentials or they are otherwise compromised. Please safeguard your login credentials and report any actual suspected breach of account to info@Manddo.com.
i..viii. If you access your dependents’ record through your Account by registering your dependents with your own Account, you are deemed to be responsible for the records of your dependents and all obligations that your dependants would have had had they maintained their own separate individual Health Accounts.
ii. 3.3 LISTING CONTENT AND DISSEMINATING INFORMATION
3.3.1 Manddo 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 specialisation, qualification, fees, location, visiting hours, and similar details. Manddo takes reasonable efforts to ensure that such information is updated at frequent intervals.
Although Manddo 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.
3.3.2 The Services provided by Manddo 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). Manddo does not provide or make any representation, warranty or guarantee, express or implied about the Website or the Services. Manddo 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, Manddo 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 Manddo or any User in relation to any User or services provided by such User.
3.3.3 The Website may be linked to the website of third parties, affiliates and business partners. Manddo 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 Manddo endorses the linked site. User may use the links and these services at User’s own risk.
3.3.4 Manddo 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.
3.3.5 If Manddo determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, Manddo reserves the right to immediately suspend your access to the Website or any of your accounts with Manddo and makes such declaration on the website alongside your name/your clinic’s name as determined by Manddo for the protection of its business and in the interests of Users. You shall be liable to indemnify Manddo for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected Manddo or its Users.
iii. 3.4 APPOINTMENT BOOKING AND INTERACTION WITH PRACTITIONERS
3.4.1 While Manddo will try to ensure a confirmed appointment for an End-User who requested an appointment on Website, Manddo does not guarantee that a patient will get a confirmed appointment. Further, Manddo has no liability if such appointment is confirmed but later cancelled/rescheduled by Practices or Practitioners, or the Practitioners are not available as per the given appointment time.
3.4.3 You understand and agree that any interactions and associated issues with other Users including but not limited to your health issues and your experiences is strictly between you and the other Users. You shall not hold Manddo responsible for any such interactions and associated issues. For avoidance of doubt, Manddo is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any outcome between you and the Practitioner you interact with, pursuant to any interactions on the Website. If you decide to engage with a Practitioner to provide medical services to you, you do so at your own risk. The results of any search you perform on the Website for Practitioners should not be construed as an endorsement by Manddo of any such particular Practitioner. Manddo shall not be responsible for any breach of service or service deficiency by any Practitioner. We cannot assure nor guarantee the ability or intent of the Practitioner(s) to fulfill their obligations towards you. We advise you to perform your own investigation prior to selecting a Practitioner.
3.4.4 Without prejudice to the generality of the above, Manddo will not be liable for:
iii..i. any wrong medication or treatment quality being given by the Practitioner(s), or any medical negligence on part of the Practitioner(s);
iii..ii. any type of inconvenience suffered by the User due to a failure on the part of the Practitioner to provide agreed services or to make himself/herself available at the appointed time, no show by the Practitioner, inappropriate treatment, or similar difficulties;
iii..iii. any misconduct or inappropriate behaviour by the Practitioner or the Practitioner’s staff;
iii..v. any medical eventualities that might occur subsequent to using the services of a Practitioner, whom the User has selected on the basis of the information available on the Website or with whom the User has booked an appointment through the Website.
3.4.5 Further, Manddo shall not be liable, under any event, for any comments or feedback given by any of the Users in relation to the services provided by another User. All such feedback should be made in accordance with applicable law. The option of Users to give feedback remains at Manddo’s sole discretion and may be modified or withdrawn at its sole discretion. Manddo may moderate such feedback at any time. Manddo shall not be obliged to act in any manner to give effect to the content of Users’ feedback, such as suggestions for delisting of a particular Practitioner from the Website.
iv. 3.9 REVIEWS AND FEEDBACK
Your publication of reviews and feedback on the Website is governed by Clause 5 of these Terms. Without prejudice to the detailed terms stated in Clause 5, you hereby agree not to post or publish any content on the Website that (a) infringes any third-party intellectual property or publicity or privacy rights, or (b) violates any applicable law or regulation, including but not limited to the IG Rules and SPI Rules. Manddo, at its sole discretion, may choose not to publish your reviews and feedback, if so required by applicable law, and in accordance with Clause 5 of these Terms. You agree that Manddo 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 Manddo’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 Manddo.
Manddo’s Feedback Collection and Fraud Detection Policy, is annexed as the Schedule hereto, and remains subject always to these Terms.
i. 4.3 REVIEWS AND FEEDBACK DISPLAY RIGHTS OF MANDDO
4.3.1 All Critical Content is content created by the Users of www.Manddo.com (“Website”)and the clients of Manddo customers and Practitioners, including the End-Users. As a platform, Manddo does not take responsibility for Critical Content and its role with respect to Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. The role of Manddo and other legal rights and obligations relating to the Critical Content are further detailed in Clauses 3.9 and 5 of these Terms. Manddo’s Feedback Collection and Fraud Detection Policy, is annexed as the Schedule hereto, and remains subject always to these Terms.
4.3.2 Manddo reserves the right to collect feedback and Critical Content for all the Practitioners, Clinics and Healthcare Providers listed on the Website.
4.3.3 Manddo shall have no obligation to pre-screen, review, flag, filter, modify, refuse or remove any or all Critical Content from any Service, except as required by applicable law.
4.3.4 You understand that by using the Services you may be exposed to Critical Content or other content that you may find offensive or objectionable. Manddo shall not be liable for any effect on Practitioner’s business due to Critical Content of a negative nature. In these respects, you may use the Service at your own risk. Manddo however, as an ‘intermediary, takes steps as required to comply with applicable law as regards the publication of Critical Content. The legal rights and obligations with respect to Critical Content and any other information sought to be published by Users are further detailed in Clauses 3.9 and 5 of these Terms.
4.3.5 Manddo will take down information under standards consistent with applicable law, and shall in no circumstances be liable or responsible for Critical Content, which has been created by the Users. The principles set out in relation to third party content in the terms of Service for the Website shall be applicable mutatis mutandis in relation to Critical Content posted on the Website.
4.3.6 If Manddo determines that you have provided inaccurate information or enabled fraudulent feedback, Manddo reserves the right to immediately suspend any of your accounts with Manddo and makes such declaration on the website alongside your name/your clinics name as determined by Manddo for the protection of its business and in the interests of Users. You shall be liable to indemnify Manddo for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected Manddo or its Users.
ii. 4.6 MANDDO REACH RIGHTS
Manddo reserves the rights to display sponsored ads on the Website. These ads would be marked as “Sponsored Listings”. Without prejudice to the status of other content, Manddo will not be liable for the accuracy of information or the claims made in the Sponsored Listings. Manddo does not encourage the Users to visit the Sponsored Listings page or to avail any services from them. Manddo will not be liable for the services of the providers of the Sponsored Listings.
You represent and warrant that you will use these Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and Manddo accepts no liability for the same.
5. RIGHTS AND OBLIGATIONS RELATING TO CONTENT
i. 5.1As mandated by Regulation 3(2) of the IG Rules, Manddo hereby informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:
belongs to another person and to which the User does not have any right to;
is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
harm minors in any way;
infringes any patent, trademark, copyright or other proprietary rights;
violates any law for the time being in force;
deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
impersonate another person;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
ii. 5.2 Users are also prohibited from:
violating or attempting to violate the integrity or security of the Website or any Manddo Content;
Transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of Services by Manddo;
Intentionally submitting on the Website any incomplete, false or inaccurate information;
Making any unsolicited communications to other Users;
Using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website;
Attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
Copying or duplicating in any manner any of the Manddo Content or other information available from the Website;
Framing or hot linking or deep linking any Manddo Content.
iii. 5.3 Manddo, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information (as mentioned above) generated by Users, or on being notified by the appropriate Government or its agency that the Website is being used by the User to commit any unlawful act and/or is being used in violation of Clauses 5.1 and 5.2 above, shall be entitled to remove or disable access to the material or information that is in contravention of this Clause 5. Manddo is entitled to act, as required by the IG Rules, within thirty six hours of obtaining such knowledge and, where applicable, work with Users to disable such information that is in contravention of applicable law. Manddo shall also be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.
v. 5.5 Manddo may disclose or transfer User-generated information to its affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer. Manddo will comply with any duly-issued government or court directions to disable access to the User-generated information, should it be found to be illegal by a competent governmental authority.
i. 6.1 Manddo reserves the right to suspend or terminate a User’s access to the Website and the Services with or without notice and to exercise any other remedy available under law, in cases where,
Such User breaches any terms and conditions of the Agreement;
A third party reports violation of any of its right as a result of your use of the Services;
Manddo is unable to verify or authenticate any information provide to Manddo by a User;
Manddo has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or
Manddo believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for Manddo or are contrary to the interests of the Website.
ii. 6.2 Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Website under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the Website by such User. The User shall ensure that he/she/it has continuous backup of any medical services the User has rendered in order to comply with the User’s record keeping process and practices.
9. APPLICABLE LAW AND DISPUTE SETTLEMENT
i. 9.1 You agree that this Agreement and any contractual obligation between Manddo and User will be governed by the laws of India.
ii. 9.2 Any dispute, claim or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, or your use of the Website or the Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by Manddo. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Gurgaon. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.
iii. 9.3 Subject to the above Clause 9.2, the courts at Gugaon shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the Website or the Services or the information to which it gives access.
If any provision of the Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.
No provision of this Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by Manddo. Any consent by Manddo to, or a waiver by Manddo of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
Manddo Feedback Collection and Fraud Detection Policy
Scope This policy document covers the philosophy, intent and methodology used by Manddo to collect Feedback from Patients about Doctors and other Practitioners who are part of the Manddo eco-system.
Philosophy and Intent At Manddo, we believe in transparency and authenticity, and these are the 2 primary pillars on which the Feedback collection system is built. We intend to help Patients make a well-informed decision when it comes to their Health and authentic Feedback helps them achieve that. Doctors being Manddo’s closest friends throughout our successful journey, would be the other beneficiary, with authentic Feedback circulating in the Patient circles.
How we collect Feedback As of now Manddo endeavors to reach out to the following group of authentic Patients:
1.Patients who have booked appointments through Manddo.com: Manddo reaches out to these Patients via SMS/E-mail within 3 days after their scheduled appointment schedule and ask them for Feedback on their appointment experience at the Clinic with the Doctor. Manddo has complete ownership of this flow of feedback collection since Manddo is responsible for giving the best experience to patients booking an appointment.
2.Patients who have booked appointments with Doctors who use Manddo : In this scenario, Manddo seeks prior permission from the Owner of the Manddo enabled practice to collect feedback from Patients whose appointments have been booked by the practice using Manddo . Manddo then reaches out to these Patients via SMS/E-mail within 3 days after their scheduled appointment schedule. Please note that Manddo can only ask Patients for Feedback if the practice Owner has permitted Manddo to do the same, and any Feedback collected thereafter becomes a property of Manddo.
3.Patients who have booked appointments with Doctors who use the Manddo : The Manddo has an in-built feedback module to collect patient feedback after their appointment. Manddo seeks prior permission from the Owner of the Manddo Tab to share this feedback with Manddo. Manddo then sends an auto-generated SMS to patients to obtain consent for sharing the feedback. The patient must give a missed call to the listed number within 24 hrs of receiving the SMS, to ensure that the Feedback is reflected on Manddo Search.
The Manddo Feedback system is built such that it limits the number of SMS and emails that are sent to a particular patient to ‘one-every-month’ even if he/she books more than one appointment with you during the period. This ensures sufficient cool-off period between subsequent Feedback from the same patient and a much more robust and fair feedback model.It is also important to note that Patients who happen to book appointments via Manddo* with a Manddo Ray-enabled Doctor/Clinic would fall in category (1) mentioned above.
Nature of Feedback The Manddo Feedback Collection System currently asks Patients about their appointment experience. The information collected would primarily be categorized as below:
1.Doctor recommendation – whether the patient would recommend the doctor to his/her friends and family
2.Wait-time – how long the patient had to wait for his/her appointment
3.Doctor Feedback – Patient’s testimonial about appointment experience with the Doctor
Authenticity of Feedback Collection
As part of our efforts to collect and display authentic Feedback, Manddo abides by these set of rules:
1.A Patient would be probed with SMS/E-mail for Feedback on an appointment with a Doctor only once in a month
2.A Patient cannot give multiple Feedback for a single appointment
3.Appointments booked via Manddo includes (but not restricted to) appointments from the following sources:
1)Doctor and Practice profile on Manddo.com or smartphone apps
2)Manddo Direct Contact
3)Manddo.com widgets which have their presence across partnership websites, Doctor’s micro-site provided by Manddo Ray, Doctor’s Facebook page, Doctor’s website and other online entities
New Clauses to be added:
A. LIMITED LICENSE The license granted to you for use of the services provided by us is non transferable, non exclusive, and cannot be further delegated by you. You must comply with the terms and conditions as provided here. This license does not include: any right to use, modify, distribute or store any content other than for the foregoing purposes; any right to resell or use the Services or the contents of any part of the Services for commercial purposes; any derivative use of the Services and/or its respective contents; any downloading or copying of account information for the benefit of a third party not authorized by us; or any use of data mining, robots, or similar data gathering, automatic processing and extraction services. The Services and/or any portion thereof may not be reproduced, duplicated, copied, sold, resold, licensed, rented, visited, or otherwise exploited for any commercial purpose without our express written consent in advance.
(B) Content Posted/ submitted by user: Any matter posted or submitted while using the services provided by us whether in the form of text, photographs, comments, video, audio clip etc. singly or collectively is the sole responsibility of the person who originate such content whether by adding, uploading, submitting or distributing etc. Only that matter be published which a person has permission to publish and also by taking a requisite permission from the person who’s content is posted and, if that person is a minor, permission from that person’s parent or legal guardian, before you post the Content. You may be required to provide proof of such permission to us. Person includes individual, association, body corporate and other juristic person.
Content posted by others: e are not responsible for, and do not endorse, content or any other information, opinion, recommendation, or advice, expressed by third party in any posting made by another user on the services. We shall not be liable for any loss or damage caused in connection with any information, opinion, recommendation, or advice, expressed by a third party. You may notify us regarding any misuse of the services by third party.
(C) Prohibition :
ACTIVITIES PROHIBITED ON THE WEBSITE
Manddo reserves the right to take a appropriate and legal action against any user who engages in any prohibited activity. The prohibited activity includes following but the following list is not exclusive. You shall not indulge in following :
Using the Website for any purpose in violation of local, state, national laws or regulations;
Using the Website for unsolicited or unauthorized advertising or promotional material, spam, or chain letters;
Posting Content that infringes the intellectual property rights, privacy rights, publicity rights, trade secret rights, or any other rights of any party;
Posting Content that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, embarrassing, or offensive to any other person or entity as determined by us in our sole discretion or pursuant to local community standards;
Posting Content that constitutes cyber-bullying, as we determine in our sole discretion;
Posting Content that depicts any dangerous, life-threatening, or otherwise risky behavior;
Posting telephone numbers, street addresses, or last names of any person without consent and permission of such person.
Posting URLs to external websites or any form of HTML or programming code without requisite consent.
Posting anything that may be “spam,” as we determine in our sole discretion;
Impersonating another person when posting Content or otherwise using the Website, Licensed Application, or other services in a manner that may be misleading or confusing to others;
Harvesting or otherwise collecting information about others, including, but not limited to, e-mail addresses, without their consent;
Allowing any other person or entity to use your identification for posting or viewing comments;
Harassing, threatening, stalking, or abusing any person;
Encouraging other people to engage in any prohibited activities as described herein.
Further You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (iv) run any form of auto-responder or “spam” on the Services; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Website; (vi) harvest or scrape any Content from the Services; or (vii) otherwise take any action in violation of our guidelines and policies.
(D) DISCLOSURE OF INFORMATION
The personal information so collected may be disclosed by us under legal compulsions or while defending against claims or your violating the rights of others, or for protection or safety of ours or third parties. The personal information may also be disclosed to the bodies providing technical services in the fourm of advertising, business operations including compliances, data analysis, investigations, law enforcement, in response to judicial process etc.
(E) Reservation of Rights:
We reserve the right, in our sole discretion, but are not obligated, to do any or all of the following:
Monitor, edit, or disclose any Content on the Services;
Edit or delete any Content posted on the Services, regardless of whether such Content violates these standards; and
We also reserve the right to transfer our assets to third party by way of acquisition.
(F) Indemnity and liability :
INDEMNIFICATION AND WARRANTY DISCLAIMERS
We have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding: (i) which users gain access to the Services; (ii) what Content you access via the Services; or (iii) how you may interpret or use the Content. You release us from all liability for you having acquired or not acquired Content through the Services.
(G) LIMITATION OF LIABILITY
You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of any Manddo or other services provided by us.
WE MAKE NO WARRANTY THAT (A) THE SERVICES OR THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES, THE SERVERS THAT MAKE THE SERVICES AVAILABLE, OR THE LICENSED APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR THE LICENSED APPLICATION, (D) THE ACCURACY, LEGALITY OR QUALITY OF ANY SERVICES, INFORMATION, CONTENT, OR OTHER MATERIAL ACCESSED, PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES, AND/OR (E) ANY DEFECTS OR ERRORS OF THE SERVICES OR THE LICENSED APPLICATION WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES OR THE LICENSED APPLICATION 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.
(I) Paid services:
YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY.
If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
a. Service availability: While Manddo intend that the services should be available 24 hours a day, 7 days a week, it is possible that on occasion the services or website may be unavailable due to maintenance or other development activities. If for any reason Manddo has to interrupt the services for longer period than normally expected, Manddo shall use all the reasonable endeavors to publish in advance detail of such activities on the website.
b. Waiver : If Manddo shall waive any breach of the terms, the same would not constitute waiver of the breach for the same breach again.
c. Force Majeure : Manddo shall not be liable for any delay or non performance of obligation from any cause or causes beyond its reasonable control.
d. Nothing in the terms and use would be construed as constituting or evidencing any partnership, agency, joint venture between Manddo and the user. Neither party will have authority to make representation for and on behalf or to act in the name of the other in order to bind the other.
e. Manddo shall be free to assign, delegate, transfer the rights/obligations.
f. Scheme/Prize money/Competition: The user agrees and admits that Manddo does not run any game of chance/lottery while carrying on its activities of campaign etc. The user declaring prize money would be solely responsible and liable for any legal action. The user hereby agrees that Manddo has no involvement in declaration, distribution of the scheme of prize money/competition. The user declaring the prize money/scheme would be responsible for any claim arising therefrom. The winner would be selected by a jury for the best entry.