The following are the terms and conditions of using Everestmeds.com constitute a legally binding agreement, between you ("the Customer" or the "User") and Everestmeds.com, a fully licensed online Pharmacy.
In terms of the Information Technology Act, 2000, this document is an electronic record. Being generated by a computer system it does not require any physical or digital signature.
The domain name https://www.everestmeds.com/ (hereinafter referred to as ‘Website’)
USE OF CONTENT
All logos, brands, marks headings, names, signatures, or any combinations thereof, appearing in this site, except as otherwise noted, are properties either owned or used under license, by the business and/or its associate entities who feature on this Website. The use of these properties or any other content on this site, except as provided in these terms and conditions or the site content, is strictly prohibited.
ACCEPTABLE WEBSITE USE
(A) Security Rules
Visitors are prohibited from violating or attempting to violate the security of the Web site, including, without limitation, (1) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (2) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (3) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus or "Trojan horse" to the Website, overloading, "flooding", "mailbombing" or "crashing", or (4) sending unsolicited electronic mail, including promotions and/or advertising of products or services. Violations of system or network security may result in civil or criminal liability. The business and/or its associate entities will have the right to investigate occurrences that they suspect as involving such violations and will have the right to involve and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
(B) General Rules
Visitors may not use the Web Site to transmit, distribute, or store (a) that could constitute or encourage conduct that would be considered a criminal offense or violate any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity of other personal rights of others, or (c) that is libelous, defamatory, pornographic, profane, obscene, threatening, abusive or hateful.
By visiting our website, you are bound to the terms of service. You are requested to read the document carefully before proceeding to use our services.
1. Account Creation
Although visiting our website does not need an account, certain operations like ordering products, posting reviews, and others require you to set up an account with Everestmeds.com. To set up an account, you will be required to give certain information about yourself in the form that prompts. All information provided by you is protected by us.
You represent and warrant that the information provided by you during the registration is accurate. Everestmeds.com is not responsible for any damages or losses because of your failure to maintain the confidentiality of your account.
Your Everestmeds.com Account, Password, and other details in the account are personal to you and you may not transfer your account to anyone else.
Users must be 18+ years to register an account with Everestmeds.com.
We understand the privacy of the information provided by you is personal to you. We take the most care to handle your information responsibly. We do not share your information with anyone (individual or organization) other than our business partners. We may share your information with the business partner only to fulfill the service.
By using our service (Website), you agree to be communicated by Everestmeds.com or its partners to communicate with you for service, promotion, or anything else. Communication may be in the form of Telephone calls, SMS, E-mail, Whats app, or other mediums.
4. Payment Security Policy
All your transactions and information when placing an order with us will be encrypted before passing on over the internet, which ensures the privacy and high level of security of all your information.
Dispute- Any dispute in connection to the third-parties services shall be settled between the Users and the respective third parties, including without limitations, banks/payment gateways/payment aggregators/network operators without involving the Company.
Click here Page Content-
- GPay- https://support.google.com/pay/india/gethelp
- Paytm- https://paytm.com/care/ticket
- Amazon Pay- https://www.amazonpay.in/contact
- PhonePe- https://www.phonepe.com/contact-us/
- Mobikwik- https://blog.mobikwik.com/contactus/
- Airtel Money- https://www.airtel.in/personal/money/contact-us
- OlaMoney- https://www.olamoney.com/support/index.html
- Diners Club- https://www.dinersclubus.com/home/customer-service
- Visa, Mastro, Rupay and Maestro cards;
- Cash on delivery for offline payments.
- *The above list of payment methods and payment partners is subject to modifications and may change from time to time at the sole discretion of the Company.
All products on the website will be sold at MRP unless otherwise specified. Everestmeds.com reserves the right to change the price of any product without notice. In case the prices change to higher or lower after ordering on the date of delivery, the price difference will not be collected or refunded.
We at Everestmeds.com are bound to honor all the eligible orders that come through our Website. In some cases, we do accept orders through other mediums like E-mail, Telephone, Whatsapp, Text messages, and others. However, in all cases, Everestmeds.com reserves the right to cancel any order with or without notice and without any liability. Any order of prescribed medicines and equipment without a doctor's prescription will be canceled with or without notice.
Customers can cancel their order anytime up to the cut-off time of the slot. In such a case, we will refund any payments already made by you for the order. In case of any fraudulent transaction by any customer or any transaction which defies the terms and conditions of using the website, we at our sole discretion could cancel such orders. We will maintain a negative list of all fraudulent transactions and customers and would deny access to them or cancel any orders placed by them.
We have made every effort to display the colors of our products that appear on the Website and app as accurately as possible. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
8. Modification of Terms & Conditions of Service
Everestmeds.com reserves the right to modify anytime the Terms and conditions of use of the website without any prior notification to you. You can access the latest version of these Terms and conditions at any given time on the Site. You must regularly review the Terms and conditions on the Site. In the event the modified Terms and conditions are not acceptable to you, you should discontinue using the Service. However, if you continue to use the Service you shall be deemed to have agreed to accept and abide by the modified Terms Services of Use of this Site.
Everestmeds.com is not liable for any damages and losses that may occur due to the change of terms and conditions policies.
This User Agreement is valid unless and until terminated by you or Everestmeds.com, in either case, MyMedicalshop.com will not be liable for any damages or losses that may arise.
You may terminate this user agreement at any time by deleting your Everestmeds.com account and discontinuing any further use of the website. And you are required to destroy all the downloaded and obtained contents from the website.
Everestmeds.com reserves the right to terminate this user agreement anytime without any notice or liability. And may or may not deny access and services to the website.
Everestmeds.com reserves the right to moderate, delete, and keep any comment or content posted by a user before, during, or after this user agreement.
Any termination of the user agreement will not cancel the obligation to pay for the product ordered from the website and does not affect the user liability arisen under this user agreement.
1. APPLICABILITY OF THE TERMS
This Agreement applies to you if you are one or more of the following:
- An individual professional or an organization providing health care services or a medical practitioner or an institution wishing to be listed or listed on our website, this includes the designated authorities, authorized associates of such practitioners or institutions (“practitioner(s), “you” or “user”)
- A patient or representative of the patient using the website for searching practitioners (“End-User,” you” or “user”)
- The user of the website (“you” or “user”)
This Agreement applies to the services available on EverestMeds Website, Either offered free of charge or paid services (“services”), including the following;
- For Practitioners: Practitioners wishing to list, listing or listed their profiles and contact information on the website or both available for other users, visitors, and patients.
- For Users: Facility to
- Create use and maintain the health account of their own or the person they represent.
- Search practitioners or health care services by various demographics and criteria that may be available on the EverestMeds website.
Services may change from time to time, without any notice and at the sole discretion of EverestMeds, and the Agreement will apply to the services offered, visits, and usage of the website. This also applies to the information provided by you on the website.
The purpose of the Agreement is to define the terms and conditions under which a user or practitioner or patient or representative or anyone visiting the website is allowed to use the services and describe the manner in which we shall treat you.
By accessing the website, you irrevocably accept all the conditions according to the Agreement, terms and conditions, privacy policies, and any other conditions and obligations as mentioned on the Website, and agree to abide by them. This Agreement supersedes all previous oral and written terms and conditions (if any) relating to the use of services available at the website. By availing of any Service, You signify your acceptance of the terms of this agreement.
EverestMeds alone reserves the right to modify or terminate any portion or whole of this Agreement with or without any notification or reason. Such modifications may or may not be informed. You should read the Agreement at regular intervals. Your use of the Website after any such modifications constitutes your agreement to the modified Agreement to follow and abide by it.
By using the Website, you acknowledge that you will abide by the conditions of this agreement for using or availing of any services offered by us. If you do not agree with any part of the Agreement, do not visit the website or use, or avail of any services from us.
Any access to your use of the Website or the services offered will be the sole discretion of EverestMeds.
This Agreement is published in compliance with, and is governed by the provisions of Indian law, including but not limited to:
- The Indian Contract Act, 1872,
- The (Indian) Information Technology Act, 2000, and
- The rules, regulations, guidelines, and clarifications framed thereunder, 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 of age 18 years or older to visit, use the website, avail of the services in any manner. By visiting or registering or availing of service from the website, you agree to this Agreement and warrant EverestMeds that you are 18 years or older in age and that you have the right, authority, and sanity to use the website and agree to abide by this Agreement.
The terms in the 3rd clause are applicable to all users other than practitioners and any organization providing the practitioner services to EverestMeds
3.1. END-USER ACCOUNT AND DATA PRIVACY
3.1.2. EverestMeds may collect the information relating to the device via which the website is used and also the data of your usage and the pages on the site you visit/access, the links you click on the site, the number of times you access the page and any such browsing information. This collected data will be used only for the purpose of improving the user experience quality and quality of the services provided by EverestMeds and to build new services.
3.1.3. EverestMeds also has the access to registered users’ personal information like name (including first and last name), Age, Gender, Occupation, Education, Address, E-mail id, and Contact numbers (Land Line and Mobile), alternate email address, and other details. These data may be shared with our business partners in order to fulfill the services offered by EverestMeds, promotion, booking appointments, and collecting feedback in relation to the practitioners and their practices.
- The collected information type, includes personal and sensitive information.
- The requirement, usage, security, and modes of handling such information.
- To whom EverestMeds may disclose or share such information.
- Other information is mandated by SPI Rules.
3.1.5. All users and visitors must read and understand the Private policy, so as to ensure that he/she has the knowledge of, inter-alia;\
- The fact that some information is collected.
- The purpose for which they are collected.
- The intended recipients of the information.
- The nature of collection and retention of the information.
3.1.6. EverestMeds will not be responsible for the authenticity of the person or any sensitive information or information of any sort provided by the user to EverestMeds or any other person acting on the behalf of EverestMeds.com.
3.1.7. The User is solely responsible for maintaining the confidentiality of his/her account access, login credentials, information, and password. Also, the user is responsible for all the usages that happen via the user’s account, either authorized or not. The user must notify EverestMeds immediately of any unauthorized use of the user’s account. Although EverestMeds will not be liable for the losses that occurred due to any unauthorized use of the account, the user may be liable for the losses of EverestMeds or partner as per the case may be, due to any unauthorized use of the user account.
3.1.8. If the information provided by a user is incomplete or not current or inaccurate or untrue (or becomes any one of the previously said in the course of time), or 3.1.8. If the information provided by a user is incomplete or not current or inaccurate or untrue (or becomes any one of the previously said in the course of time), or mymedicalshop suspects any information provided by the user is incomplete or not current or inaccurate or untrue, 3.1.8. If the information provided by a user is incomplete or not current or inaccurate or untrue (or becomes any one of the previously said in the course of time), or 3.1.8. If the information provided by a user is incomplete or not current or inaccurate or untrue (or becomes any one of the previously said in the course of time), or EverestMeds suspects any information provided by the user is incomplete or not current or inaccurate or untrue, EverestMeds has the right to discontinue any services to the user with or without notice, at its sole discretion. suspects any information provided by the user is incomplete or not current or inaccurate or untrue, EverestMeds has the right to discontinue any services to the user with or without notice, at its sole discretion. has the right to discontinue any services to the user with or without notice, at its sole discretion. suspects any information provided by the user is incomplete or not current or inaccurate or untrue, EverestMeds has the right to discontinue any services to the user with or without notice, at its sole discretion.
3.1.9. EverestMeds may use the information provided by the user at any time for the purpose of customer support-related issues.
3.1.10. In the Practitioner list on the website, you may see an option to call them directly through the free call service integrated into the EverestMeds website or physically via your mobile. Any such calls made from the website may be recorded and stored in the EverestMeds servers. EverestMeds has access to such recordings for support, quality, and control purposes. Such calling services provided by EverestMeds to the user can only be used to fix appointments and booking purposes and the same shall not be used for consultation on health-related issues. EverestMeds is not liable for any call facility not used in accordance with the foregoing. EverestMeds may also choose to not use this facility and show the practitioner's direct number. In case you choose to not provide your consent to recording your calls that may have personal information required for appointment and booking purposes, EverestMeds reserves the right to not provide the Services for which such personal information is sought.
EverestMeds algorithm for the listing is an automated system that is able to list profiles of the practitioners and information regarding the practices on the website. These listings do not translate to any fixed objectives, rankings, or endorsements by EverestMeds. EverestMeds will not be liable for any change in the search results, which may take place from time to time. The listing of the practitioners will be based on the automated computation of various factors and criteria including inputs from users including other users’ comments and feedback. Such factors may change from time to time. EverestMeds in no event will be held responsible for the accuracy or relevancy or repeatability of the listing or listing orders of the practitioners on the website.
3.3. LISTING CONTENT AND DISSEMINATING INFORMATION
3.3.1. Much information regarding the profile and practice of the practitioners listed on the website such as their specialization, qualification, fees, location, visiting hours, and similar details are collected directly or indirectly by EverestMeds. EverestMeds takes utmost care in making sure that such information is updated at frequent time intervals. Although EverestMeds cannot be held liable for any inaccuracies or incompleteness represented by it, despite such reasonable efforts.
3.3.2. The services provided by EverestMeds or its partners or licensors or authorized service providers or service providers are served 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). EverestMeds does not provide or make any representation, warranty or guarantee, or completeness of any content or information provided by the users on the website. To the fullest extent permitted by law, EverestMeds 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 EverestMeds 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. EverestMeds has no control over and is not liable or responsible for the content, accuracy, validity, and reliability, quality of such websites. The inclusion of any link on the website does not imply that EverestMeds endorses the linked site. Users may use the links and the services at the user’s own risk.
3.3.4. EverestMeds will not be responsible and shall not be liable by/through for, any damages to, or viruses that may infect user’s devices on account of user’s access to, use of, or browsing the websites or download of any material, data, text, images, video content, or audio content from the Website or app. If a User is dissatisfied with the Website, the User’s sole remedy is to discontinue using the Website.
3.3.5. If EverestMeds determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, EverestMeds reserves the right to immediately suspend your access to the website or any of your accounts with EverestMeds, and EverestMeds also reserves the right to declare the same in the website along with your name/clinic’s name as determined by EverestMeds for the protection of its business and in the interest of its users. You shall be liable to indemnify EverestMeds for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected EverestMeds or its users.
3.3.6. EverestMeds is not liable in any manner for any consequence whatsoever arising out of any use of the information published here.
3.4. APPOINTMENT BOOKING AND CALLING FACILITY
EvrestMeds helps its users to get in touch with practitioners; a) Users can opt to book an appointment using the book appointment facility provided on the website ) Live telephone services are available on the website, that connects users directly to the practitioner via his/her phone number
3.4.1. EverestMeds will ensure that the appointments are confirmed when a booking for an appointment is made. However, EverestMeds will not be liable for any canceled appointment or availability of the practitioner for any reason, also EverestMeds will not be liable for any loss or damage that occurred due to a canceled service. EvrestMeds also reserves the right to cancel any appointment made by a user with or without prior notification.
3.4.2. If a User has utilized a telephonic service or appointment booking service, EverestMeds reserves the right to store and share the information of the user with the practitioner.
3.4.3. The results of any search Users perform on the Website for Practitioners should not be construed as an endorsement by EverestMeds of any such particular Practitioner. If the User decides to engage with a Practitioner to seek medical services, the User shall be doing so at his/her own risk.
3.4.4. Without prejudice to the generality of the above, EverestMeds is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any interactions between the User and the Practitioner. The user understands and agrees that EverestMeds will not be liable for:
- User interactions and associated issues User has with the Practitioner;
- the ability or intent of the Practitioner(s) or the lack of it, in fulfilling their obligations towards Users;
- any wrong medication or quality of treatment being given by the Practitioner(s), or any medical negligence on part of the Practitioner(s);
- inappropriate treatment, or similar difficulties or any type of inconvenience suffered by the User due to a failure on the part of the Practitioner to provide agreed Services;
- any misconduct or inappropriate behavior by the Practitioner or the Practitioner’s staff;
- Cancellation or no show by the Practitioner or rescheduling of booked appointment or any variation in the fees charged.
3.4.5. Users can provide feedback and recommendations based on their experience with the practitioners. However, users should ensure that the same is provided in accordance with the law. Also, EverestMeds is not obliged to act in such a manner as may be required to give effect to the content or user feedback or suggestion for any delisting of practitioners from the website. Also, EverestMeds reserves the right to edit, hide or delete any comment, feedback, or suggestion given by a user with or without notice and will not be liable for the loss or damages caused due to any such actions.
3.4.6. In the event of ‘Patient No-Show (PNS)’, When a user or patient he/she represents does not show up at the concerned practitioner’s clinic at the specified time after booking an appointment.
- PNS is defined as an instance where a user, who has made an appointment with a practitioner using the facility provided by EverestMeds and has not turned up for an appointment without rescheduling or canceling, or informing the practitioner about the same. When a practitioner informs the same with EverestMeds or marks a booked appointment as PNS, EverestMeds may try to contact the user regarding the same. If the user is not able to confirm the legitimate reason regarding the PNS within 7 days. Users can also send the reasons via the support email address available in the contact section of the website. In any event, EverestMeds reserves the right to block a user account from misusing the services available on the website, and the loss of business hours incurred to the practitioners.
- The User’s account may be disabled temporarily or permanently from booking further appointments on the EverestMeds website. However, EverestMeds may or may not allow the user to use other services available.
- Following are the instances in which, under the sole discretion of EverestMeds, would be considered the valid case of PNS, in which cases the user may be penalized.
a. User does not reply with reason to PNS communication, within 7 days from the date of receipt of such PNS communication.
b. In case the user responds to the PNS communication with the below reasons.
- Forgot the appointment
- Chose to visit another practitioner or consulted online.
- Busy with other work or any other activity (Which EverestMeds at its discretion decides to be a valid reason for a PNS).
- Where the user has done a paid appointment and was not able to visit the practitioner due to sickness or any other genuine reason (as decided by EverestMeds with respect to the discretion of the pursuant to consulting investigation), the may be provided with a refund of such payment made by the user. However, cancellation charges will be levied.
4. EverestMedical reserves the right to make the final decision in case of a conflict.
3.4.7. Cancellation and Refund Policy
- In an event that, a practitioner with whom a user has booked his/her appointment, has not been able to meet the user or cancel the appointment, the User needs to contact EverestMeds via customer support or via mail informing the same within 5 days of such event. In this case, a full refund will be made to the user via the original payment method by which the user has paid for the appointment. In case the user does not show up for the appointment booked with the practitioner, without rescheduling or canceling the same, paid amount will not be refunded and will be processed under clause 3.4.6. A user will not be entitled to a complete refund even if he/she has canceled beforehand.
- Users will not be entitled to any refunds in cases where, the Practitioner is unable to meet the User at the exact time of the scheduled appointment time and the User is required to wait, irrespective of the fact whether the User is required to wait or choose to not obtain the medical services from the said Practitioner.
3.9. REVIEWS AND FEEDBACK
The user or End user is solely responsible for the content one chooses to enter or submit to the website for the purpose of publication, feedback, ratings, and reviews regarding practitioners or other healthcare professionals. The role of EverestMeds in publishing critical content is restricted to that of an intermediary under the information technology act, of 2000. EverestMeds disclaims all responsibility with respect to the content of the critical content, and its role with respect to such content is restricted to its obligations as an intermediary under the said Act. My Medical Shop shall not be liable to pay any consideration to any user for re-publishing any content across any of its platforms.
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. EverestMeds, 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 EverestMeds may contact you through telephone, email, SMS, or any other electronic means of communication for the purpose of:
- Obtaining feedback in relation to the Website or EverestMeds Shop’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 EverestMeds. EverestMeds’s Feedback Collection and Fraud Detection Policy, are annexed as the Schedule hereto and remain subject always to these Terms.
My Medical Shop may provide End-Users with a free facility known as ‘Record’ on its website. Information found in records may be of two types
- User-created: Information uploaded by the user or information during the user’s interaction with the Everestmeds Ecosystem.
- EverestMeds Created: Health records are generated by the user interaction with practitioners using the EverestMeds portal.
3.10.1. Your Records are only created after you have signed up and explicitly accepted these Terms.
3.10.2. Any Practice-created Health Record is provided on an as-is basis at the sole intent, risk, and responsibility of the Practitioner and EverestMeds 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 Health Record in any manner.
3.10.3. Health Records are provided on an as-is basis. While we strive to maintain the highest levels of service availability, EverestMeds is not liable for any interruption that may be caused to your access to the Services.
3.10.4. The reminder provided by the Records is only a supplementary way of reminding you to perform your activities as prescribed by your Practitioner. In the event of any medicine reminders provided by EverestMeds, you should refer to your prescription before taking any medicines. EverestMeds is not liable if for any reason reminders are not delivered to you or are delivered late or delivered incorrectly, despite its best efforts. In case you do not wish to receive the reminders.
3.10.5. It is your responsibility to keep your correct mobile number and email ID updated in the Records. The Health Records will be sent to the Records associated with this mobile number and/or email ID. Every time you change any contact information (mobile or email), we will send a confirmation. EverestMeds is not responsible for any loss or inconvenience caused due to your failure in updating the contact details with EverestMeds.
3.10.6. My Medical Shop uses industry–level security and encryption for your Health Records. However, EverestMeds does not guarantee to prevent unauthorized access if you lose your login credentials or they are otherwise compromised. In the event you are aware of any unauthorized use or access, you shall immediately inform EverestMeds of such unauthorized use or access. Please safeguard your login credentials and report any actual suspected breach of account to our mail id available in our contact section.
4.1. LISTING POLICY
4.1.1.EverestMeds, directly or indirectly, collects information regarding the Practitioners’ profiles, contact details, and practice. EverestMeds reserves the right to take down any Practitioner’s profile as well as the right to display the profile of the Practitioner, with or without notice to the concerned Practitioner. This information is collected for the purpose of facilitating interaction with the End-Users and other Users. If any information displayed on the Website in connection with you and your profile is found to be incorrect, you are required to inform EverestMeds immediately to enable EverestMeds to make the necessary amendments.
4.1.2. EverestMeds shall not be liable or responsible for the ranking of the Practitioners on external websites and search engines.
4.1.4. EverestMeds reserves the right to moderate the suggestions made by the Practitioners through feedback and the right to remove any abusive or inappropriate or promotional content added to the Website. However, EverestMeds shall not be liable if any inactive, inaccurate, fraudulent, or non-existent profiles of Practitioners are added to the Website.
4.1.5. Practitioners explicitly agree that EverestMeds reserves the right to publish the Content provided by Practitioners to a third party including content platforms.
4.1.7. You as a Practitioner hereby represent and warrant that you will use the 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 EverestMeds accepts no liability for the same.
4.2. PROFILE OWNERSHIP AND EDITING RIGHTS
EverestMeds ensures easy and user-friendly access to the Practitioners by providing access to update your profile information. EverestMeds reserves the right of ownership of the entire Practitioner’s profile, photographs and to moderate the changes or updates requested by Practitioners. However, EverestMeds has the right by its own discretion to decide whether to publish or reject the requests submitted for the respective changes or updates. You hereby represent and warrant that you are fully entitled under law to upload, all content uploaded by you as part of your profile or otherwise while using EverestMeds’s services, and that no such content breaches any third party rights, including intellectual property rights. Upon becoming aware of a breach of the foregoing representation, EverestMeds may modify or delete parts of your profile information at its sole discretion with or without notice to you.
4.3. REVIEWS AND FEEDBACK DISPLAY RIGHTS OF MY MEDICAL SHOP
4.3.1. All Critical Content is content created by the users of www.everestmeds.com (“Website”)and the clients of EvrestMeds customers and Practitioners, including the End-Users. As a platform, EvevrestMeds 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 EverestMeds and other legal rights and obligations relating to the Critical Content are further detailed in Clauses 3.9 and 5 of these Terms. EverestMeds Feedback Collection and Fraud Detection Policy, are annexed as the Schedule hereto and remain subject always to these Terms.
4.3.2. EverestMeds reserves the right to collect feedback and critical content for all practitioners, clinics, and healthcare providers listed on the website.
4.3.3. EverestMeds 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. EverestMeds shall not be liable for any effect on the Practitioner’s business due to Critical Content of a negative nature. In these respects, you may use the Service at your own risk. EverestMeds, 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. EverestMeds 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. EverestMeds determines that you have provided inaccurate information or enabled fraudulent feedback; EverestMeds reserves the right to immediately suspend any of your accounts with EverestMeds and makes such declaration on the website alongside your name/your clinics name as determined by EverestMeds for the protection of its business and in the interests of Users.