This Site is an online portal that brings together doctors/health careservice providers who avails the services and Patients/ his or herrepresentative who seeks for health-related services.
This platform can be used by a medical practitioner specialised inproviding dental care or dental health care provider (whether an individualprofessional or an organization) or similar institution to manage their dayto day business, including designated, authorized associates of suchpractitioners or institutions(“Practitioner(s)”, “you” or “User”). It canbe also be used by patients, his/her representatives or affiliates, of suchPractitioner to understand and manage their diagnosis, treatment pathsand provide digital access to the Practitioners and other ancillary serviceslike payments, insurance, finance etc. (“Patient(s)”, “you” or “User”)
“content” shall mean and include text, data, graphics, images, video oranything created by us or user or third parties.
“data or user information” shall mean and include any informationrelating to the User including name, email id, phone number, location,gender, medical information, IP address, address, photograph andeconomic, cultural or social identity of the user
“concurrent user” shall mean and include all those employees of thePractitioners including but not limited to doctors, staff etc. who are havinguser account in this platform
"Order Form” shall mean the document(s) by which Practitioner ordersMolarbyte subscriptions and Services, and which are agreed to by theParties.
“Practitioner(s)” shall mean and include all those dental medicalpractitioners, dental clinics and health service providers who aresubscribed to our platform
“Patient(s)” shall mean and include all those patients of practitioners,his/her representatives or affiliates who are subscribed to our platform
“services” any services offered on or through the Site, to the user.
“software”shall mean the computer software known as “Molarbyte” inobject code form owned or provided by Company for which user hassubscription rights granted pursuant to the Agreement, updates andupgrades to the services, and online documentation
‘'user’' shall mean and include allthe person(s) who accesses, uses, theservices of theMolarbyte in any way, and each of their heirs, successorsand assigns.
ELIGIBILITYBy using the Services, you represent and warrant that you are of legal ageand that you have the right, authority and capacity to use the website andthe services available through the website.
Please read the following terms and conditions carefully before you startto use the Services, as they form the entire agreement between you(sometimes referred to herein as ” You” or ” Your” or “User”) and,Molarbyte( sometimes referred to herein as “we” or ” us”).When accessingthe information available through Molarbyte, creating an Account(“Account”) or purchasing a Subscription (” Subscription”) to Molarbyteyou accept the Terms contained herein, without modifications andreservations of any of the Terms as contained herein, and by accessing theSite, you represent and warrant that you have read and understood, andagree to be bound by, all of the terms and conditions contained in thisAgreement without limitation or qualification. Use or access of any part ofthe Site constitutes unconditional acceptance of these terms.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOTUSE THE SERVICES AND SHOULD NOT PROCEED TO CREATE ANYACCOUNTS OR ACQUIRE ANY SUBSCRIPTIONS TO THE SERVICES. BY USINGTHE SERVICES, YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT,INCLUDING ALL AMENDMENTS MADE HERETO FROM TIME TO TIME.
Upon subscription and registration, Molarbyte will provide the User,a username and password. Usernames and passwords are personaland are to be considered part of Confidential Information.
Also, by registering, you agree that you will not allow others to useyour account and that you are fully responsible for all activities thatoccur under your username. We may assume that anycommunications we receive under your account have been made byyou.
Payment- To avail our value-added services, the User shall pay thesubscription fee at prices and under terms stated or quoted byMolarbyte from time to time. All prices are exclusive of taxes, whichmay or may not be added to the price, depending on applicable law.In associationwithMaster merchant (“third party serviceproviders”),Molarbyte provides foran internet paymentwindowfacilitating for collection ofyour subscription fees. You shallbe responsible for any payment transactions made through ourportal. We redirect the patients or practitioners to third party serviceproviders and hence, no payment information including but notlimited your credit card information CVV, Expiry Date and taxesrelated to this Agreement is collected on MolarByte and thereforewe do not have access to any of your payment related information.
Molarbyte may, in its sole discretion, adjust the prices, functionalityand number of Users for the Service from time to time. Adjusted prices shall take effect upon any subsequent term of the Service.You can make the payment online either through internet banking orby providing your card details as required.
You are solely responsible for all uses of your Account, andassociated Subscription. You are responsible for maintaining the confidentiality of youraccount/profile and/or password and for restricting access to yourcomputer, and you agree to accept responsibility for all activitiesthat occur under your account or password.
Our Site provides certain services only upon upgrading your accountand providing personal information. Our collection use andretention of your personal information is subject to the privacypolicy which is available at [●]. By providing such personalinformation, you consent to receive all information relating to theSite, the services offered by the Site and/or third-party providers, allcommunication and instructions for availing special offers andpromotional benefits. You shall solely be responsible for theappropriate use of the same
You authorize Molarbyte and/or authorized third parties to retain theinformation shared by you for the purpose of using the Site and/orthe services and for any marketing campaign of the Companyand/or third-party service providers. We reserve the right to refuseservice, terminate accounts or remove or edit any Content in its solediscretion.
By providing Molarbyte and/or third-party service providers with anydata including personal information through use of the Site shall bedeemed to be your consent to Molarbyte and/or third-party serviceproviders to communicate with you through email, SMS, phone calls,direct mail and other means of communication. We may use yourPersonalinformationinclude without limitation, toprovideyou withinformation yourequested fromMolarbyte orits Usersand/ ortoletyou know about features, functions, improvements orchangestothe Platform, tofacilitateyour identification ofdesiredUsersorother aspects ofyour Account.
User experience may vary depending on the type of the device andthe operating system that you use, and Molarbyte accepts noresponsibility for any lack of functionality due to your equipment(including your device, internet connection, operating system orsettings and software).
Wereserve all rights, inour sole discretiontosuspend, disableaccess toorotherwise torestrict access to Molarbyte platformortoUser Content if we find any of the following:
a.violation ofthese Terms and our policies and procedures
b.conduct of activities that are harmful tothe MolarbytePlatform, ortoany other User orthird party orwhich or
c.When found objectionable or
d.If there is any legitimate reason for such removal.
Right to Use– You are hereby granted a non-exclusive, non-transferable right to use the Service, as narrated in our platformsolely for your personal and/ or commercial use. Some of ourService may be free and some other paid. Right to use for Practitioner are more or less described in the Termsof Service for Practitioner available at [●]All rights not expressly granted to you are reserved by Molarbyte.
You may use the Service only for your internal, personal/businesspurposes and shall not: (i) send spam or otherwise duplicative orunsolicited messages in violation of applicable laws; (ii) send orstore infringing, obscene, threatening, libellous, or otherwiseunlawful or tortuous material, including material harmful to childrenor violative of third party privacy rights; (iii) send or store materialcontaining software viruses, worms, Trojan horses or other harmfulcomputer code, files, scripts, agents or programs; (iv) interfere withor disrupt the integrity, bandwidth or performance of the Service orthe data contained therein; (v) attempt to gain unauthorized accessto the Service or its related systems or networks; or (vi) use theService, including the content, intellectual property, technology,trademarks or service marks for any commercial purposes (i.e.soliciting customers, resale, etc.) without Molar byte’s prior writtenconsent.
Your right to make use of this Site for any content appearing on it issubject to your compliance with these Terms. Modification or use ofcontent on this Site for any purpose not permitted by these Termsmay be a violation of the Copyrights and/or Trademarks and may beprohibited by law.
As a convenience, if you are a Patient, the Services may permit youto request an appointment with a Practitioner. You understand thatour services are limited to provide you a platform for appointment ofPractitioners. Practitioners are responsible for maintaining their own schedules, and we cannot ensure that any given Practitioner will beavailable, nor that such Practitioner will not cancel his or herappointment.
Before obtaining services or treatment, it is your own responsibilityto make sure the concerned user’s licensure and credentials. ThePractitioners are solely responsible for the appropriateness andquality of the services they provide. Wedonot guarantee:
You understand that the Practitioners and Patients referred in theWebsite are generally users of our Services and that they aregenerally not comprehensive. Further, you understand that we donot evaluate any Professional and the listing of a Professional doesnot in any way constitute a recommendation of such Professional.
The Practitioners are solely responsible for the appropriateness andquality of the services they provide. While wemay provideinformation that may behelpful inassisting you toevaluate anyUser including Practitioners, we do not endorse any particularuserand/or their content.
Further Molarbyte shall have the right to use, explore, exploit andutilize the said Content worldwide and in perpetuity without any compensation payable to you with respect to the Content that yousubmit, post, transmit or otherwise make available on the Site.
We may modify or alter your content solely to transmit, display ordistribute it over computer networks and in various media and/ormake changes to your content as are necessary to conform andadapt that content to any requirements or limitations ofanynetworks, devices, services or media. Any modification made byus for the purposes as set forth above, does not in any mannermake us assume any responsibility or any liability arising from anycontent.
You authorize Molarbyte and/or authorized third parties to retain theinformation both identifiable and processed information, shared by you forthe purpose of using the Site and/or the services and for any marketingcampaign of the Company and/or third-party service providers.
This Site may contain links to other websites, web pages and serviceswhich may have their own terms and conditions of use and you shall bebound by such terms and conditions of use. We are not responsible for thecontents of any such external hyperlinks, and references to any externallinks should not be construed as an endorsement of the links or theircontent. Use of such hyperlinks and third-party content contained thereinand other sites is entirely at your own risk.
We only make available the content on various health related servicesonan ‘as is’ basis, as provided by the users. Nothing contained herein shallbe deemed to construe as the advice, views, opinions or beliefs of theCompany or endorsement by the Company, and the Company makes noclaim of accuracy of any user posted material. Users shall be solelyresponsible for any content being provided by him/her and any liabilityarising in respect thereof including against the Company and must ensurecompliance with all laws or regulations applicable to him/her and theContent.
You shall be solely responsible for your interactions with otherusers/practitionersand any other parties with whom you interact throughthe Site, provided however that we reserve the right, but have noobligation, to intercede in any disputes. You agree that the Company willnot be held responsible for any liability incurred as a result of suchinteractions. We make no representations or warranties as to the conductof any user/practitioner/third parties.
You hereby indemnify, defend and hold harmless the Company and allpersons claiming under the Company (“Indemnified Persons”) from andagainst any and all losses, claims, demands, liabilities, charges, penalties,fines, damages, costs or expenses, including reasonable legal fees andexpert witness fees, resulting from your breach of any of the provisionsmentioned in these Terms, representations or warranties, and/orinfringement by you of Materials, Copyrights and/or Trademarks andContent, including any claims against you alleging misuse or unauthorizedusage of the information, data and Content available on and/or from youruse of the Site itself.
You agree thatthe Company will not be held responsible, in any mannerwhatsoever, for any Content or liability arising out of any Contentposted/displayed on the Site and/or any use /access of the same by anythird party and is under no obligation to disable or otherwise restrict suchuse/access.
Notwithstanding anything to the contrary contained herein, it is expresslyclarified that you shall solely be responsible for the Content or any liabilityarising from any Content that you provide transmit, store or upload on theSite or when making use of the Site. You are solely responsible for yourcontent and assume all risks associated with use of your content,including any reliance on its accuracy, completeness or usefulness byothers. We do not make any guarantee regarding the accuracy, currency,suitability or quality of any content, and we assume no responsibility forany content.
This Site and any materials incorporated by the Company on this Siteincluding, without limitation, any text, graphics, images, artwork,illustrations, photographs, animations, music, video, audio, audio visualworks, designs, logos, software and any other content,(other than theContent) (collectively referred to as “Material”) are protected bycopyrights, patents, trade secrets or other proprietary rights owned by orlicensed to the Company, authorized third parties and/or its licensors(“Copyrights”). Some of the logos or other images incorporated by theCompany on this Site are also protected as registered or unregisteredtrademarks, trade names and/or service marks owned by or licensed tothe Company or other third parties (“Trademarks”). The Company respectsthe intellectual property rights of others and asks users of this Site to dothe same. Using our services does not give you any ownership of anyintellectual property rights in our services, the Material, Copyright orTrademarks.
You agree that the services, and anycontent provided on the Site, eitherby the Company or through third party providers, may be protected byintellectual property laws of India or the applicable laws of any otherjurisdiction. Your attempt to modify, copy, distribute, transmit, resell,redistribute, broadcast, display, perform, reproduce, publish, license,frame, transfer, or otherwise use in whole or in part, any intellectualproperty contained in the Material, services and any other contentprovided on the Site may subject you to infringement actions either by theCompany or third party providers, as the case may be.
By creating an Account and/or Subscribing to our platform or accessinginformation as part of the Services, you warrant and agree that:
YOU ACKNOWLEDGE AND EXPRESSLY AGREE THAT, UNLESS OTHERWISESPECIFICALLY AGREE IN WRITING, MOLARBYTE DOES NOT HAVE ANYASSOCIATION ORBUSINESS AFFILIATION OR CONTRACT WITHANY USERINCLUDING BUT NOT LIMITED TOPRACTITIONERS AND ITS AUTHORISEDPERSONS.YOU UNDERSTAND AND AGREE THAT MOLARBYTE IS MERELYPROVIDING A PLATFORM FOR YOU TO CONNECT WITH OTHER USERSINCLUDING PRACTITIONERS. YOU UNDERSTAND THAT BY REGISTERING ORPROVIDINGINFORMATION/ORAND ACCESSING SERVICES DIRECTLY ORINDIRECTLY FROM THE MOLARBYTE PLATFORM, YOU RECEIVE ONLY THEABILITY TO USE THE MOLARBYTE PLATFORM AND TO ACCESS OTHERUSERS WHO MAY BE INTERESTED IN CONNECTING WITH YOU, INCLUDING,BUT NOT LIMITED TO, THE ABILITY TO MESSAGE OTHER USERS.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOU ARE NOT ACTINGUPON THE ADVICE OR DIRECTION OF MOLARBYTEOR ANY OF ITSSUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS.WE ARE NOTADVISINGOR GUIDINGYOU ON YOUR COMMUNICATIONSOR YOUR TRANSACTIONS WITH USERSOR THIRD PARTIES. WE DO NOTVERIFYLEGALITY OF YOUR TRANSACTIONS.
YOU EXPRESSLY AGREE THATMOLARBYTEIS NOT A PARTY TO ANYRELATIONSHIP OR AGREEMENT BETWEEN YOU AND ANY OTHERUSERANDTHATYOUR USE OF THE SERVICE IS AT YOUR SOLE ANDEXCLUSIVE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS, WITH ALLFAULTS,” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANYKIND, INCLUDING, WITHOUT LIMITATION: THE AVAILABILITY, ACCURACY OFCONTENT OR MATERIALS, INFORMATION, OR SERVICE, AND THEWARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULARPURPOSE, AND NON-INFRINGEMENT
MOLARBYTE EXPRESSLY DISCLAIM ANY LIABILITY WITH RESPECT TO ANYINJURY CAUSED BY ANY USER, OR ANY DAMAGE SUFFERED BY ANY USER,AS A RESULT OF THE ACTIONS OR INACTIONS OF ANY OTHER USER. IF YOUARE DISSATISFIED WITH OUR SERVICES OR ANY CONTENT, YOUR SOLEAND EXCLUSIVE REMEDY IS TO DISCONTINUE USING AND ACCESSING OURSERVICES.
YOU ALSO ACKNOWLEDGE AND AGREE THAT AT ALL TIMES, IT IS YOURRESPONSIBILITY AND NOT MOLARBYTE RESPONSIBILITY, WHICHIS DISCLAIMED TO THE MAXIMUM EXTENT OF THE LAW, TO BE FAMILIARWITH, TO ABIDE BY AND TO COMPLY WITH ALL RELEVANT FEDERAL, STATE,LOCAL, AND INTERNATIONAL LAWS, RULES AND REGULATIONS THAT MAYAPPLY TO YOU.
MOLARBYTEEXPRESSLY DISCLAIMS ALL SUCH WARRANTIES. THE ENTIRERISK AS TO THE QUALITY AND TIMELINESS OF THE INFORMATION, AND ALLSERVICES PROVIDED BYMOLARBYTEIS BORNE EXCLUSIVELY BYYOU.MOLARBYTEUSES DATA AND INFORMATION PROVIDED TO US BYUSERS AND THIR PARTIES IN ORDER TO COMPLETEITS SERVICES.MOLARBYTEMAKES NO WARRANTY THAT THE SERVICEOR OURCONTENTWILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILLBE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NORDOESMOLARBYTEMAKE ANY WARRANTY AS TO THE RESULTS THAT MAYBE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACYOR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THESERVICE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THEUSE OF THEMOLARBYTE PLATFORM IS ACCESSED AT YOUR OWNDISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANDHEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITHRESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNETACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THATRESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
IN NO EVENT SHALL WE OR ANY OF OUR SUBSIDIARIES OR AFFILIATES, OROUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS,REPRESENTATIVES, PARTNERS AND LICENSORS (COLLECTIVELY, THE“COMPANY ENTITIES”) BE LIABLE FOR ANY SPECIAL, INDIRECT,CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOTLIMITED TO, LOSS OF PROFITS OR REVENUES, LOSS OF USE, LOSS OFGOODWILL OR LOSS OF INFORMATION, HOWEVER CAUSED AND WHETHERBASED ON CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, ORANY OTHER THEORY OF LIABILITY, EVEN IF WE HAVE BEEN APPRISED OFTHE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES.
SUBJECT TO THE FOREGOING, IN NO EVENT SHALL THE MAXIMUMAGGREGATE LIABILITY OF THE COMPANY IN RELATION TO A PARTICULARCLAIM EXCEED TO THE AMOUNT YOU PAID US TO USE THE SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINEDBY YOU FROM THE COMPANY OR THROUGH OR FROM THE MOLARBYTEPLATFORM, SOFTWARE OR CODE SHALL CREATE ANY WARRANTY NOTEXPRESSLY STATED IN THE TERMS.
The Parties may have access to information that is confidential to oneanother (“Confidential Information”). Confidential Information shall belimited to all the user data, software, services, and all information clearlyidentified as confidential. In the event that either Party is requested orrequired for the purposes of legal, administrative, or arbitration to discloseany Confidential Information, the Party receiving such disclosure requestwill provide the other Party with immediate written notice of any suchrequest or requirement so that such Party may seek an appropriateprotective order or other relief.
Visiting[●].com, sending emails toMOLARBYTE, constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
We reserve the right to recover the costs and lawyers’ fees from persons using the Site fraudulently. The Company also reserves the right to initiatelegal proceedings against such persons for fraudulent use of the Site
Any dispute arising out of or in connection with this agreement, includingany question regarding its existence, validity or termination, shall bereferred to and finally resolved by Arbitration and Conciliation Centre,Bangalore under the laws of Indian Arbitration and Conciliation Act, 1996.
If any provision of these Terms shall be unlawful, void, or for any reasonunenforceable, then that provision shall be deemed severable for thisagreement and shall not affect the validity and enforceability of anyremaining provisions. This is the entire agreement between the partiesrelating to the matters contained herein.
Regardless ofany statute orlaw tothe contrary, any claim orcauseofaction arising out oforrelated touse ofthe Molarbyte Platform ortheTerms must befiled within six (6) months, or the shortest durationpermitted under applicable law if such period is greater than 6 monthsafter such claim or cause of action arose or be forever barred.
You hereby acknowledge and affirm that you have read this entire Agreement and that you agree to be bound by all its terms and conditions by clicking where indicated on the Service registration page and/or by authorizing the use of your credit or debit card for payment of such charges and fees necessary to create an Account or purchase a Subscription through Service and for any other charges which you may incur.
This Site is published, controlled, owned and operated by the Company. Please forward any comments or complaints about the Site to [●]. Please forward any questions regarding privacy to [●]. Please forward anyquestions regarding other legal matters to [●].Effective as of [●]. Last updated on [●]