Please read this agreement carefully before using this site or the materials.
Welcome to Docintosh.com - a social network and an online platform for medical professionals, institutions and organizations worldwide. This website and its materials are designed to comply with relevant laws and regulations. This is a binding agreement ("agreement") between Docintosh and its affiliates and you ("you" or your"). This Agreement governs Your use of the website (http://Docintosh.com) and our app (the "Site" or "Sites"), including, without limitation, all content such as text, information, images, Docintosh, Forums, Docintosh blog and online community, software and other information, services and materials (collectively, the "materials") and all information made available to you or by you through this Site by Docintosh and/or third parties.
All materials are provided by Docintosh unless indicated otherwise. All intellectual property rights in the materials (including copyrights, trademarks, trade secrets and patents) are the property of Docintosh unless indicated otherwise. Docintosh retains all copyrights in the individual pages, and their components, and collective works available at the Site. They may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, without Docintosh's prior written permission. Docintosh, the Docintosh logo are registered trademarks of Docintosh and property of Docintosh. All other names and trademarks are the property of their respective holders.
Any unauthorized use of any materials or information at this Site may violate patent, copyright, trademark, and other laws. Any use of this site or the materials shall be considered a limited use license, not a transfer of title, and is subject to the following restrictions: You may not: (a) modify the materials or use them for any commercial purpose, or any public display, performance, sale or rental; (b) decompile, reverse engineer, disassemble or make derivative works of the materials; (c) remove any confidentiality, privacy, patent, copyright, trademark or other proprietary notices from the materials; (d) transfer the materials to another person or entity in manners inconsistent with this agreement and current Docintosh policies. You agree to prevent any unauthorized copying of the materials or information.
Docintosh may terminate this use license at any time if you are in breach of the terms of this agreement or if you are found to be in violation of Docintosh's code of conduct. Upon termination, you will immediately destroy any materials in your possession, if any, and cease use of the site.
To use any materials, you must (a) be a licensed physician in India or in another country, (b) be a registered participant of Docintosh.com, and prior to the use of this site, You must provide Docintosh with valid confirmation of (a), including all of the following: (i) Your name; (ii) Your mailing address (i.e., so we can mail you any accrued payments); (iii) jurisdictions of licensure; and (iv) other confirmatory demographics. By submitting that information to Docintosh, you hereby certify all assertions made under this section and agree that you authorize Docintosh to confirm the veracity of such information.
In addition to the above opportunities, Docintosh membership automatically makes you a part of the Docintosh panel, a health care professional survey panel own and maintained by Docintosh ("panel"). As a panel member, you will have access to the below services as well as eligibility to receive invitations to participate in market research surveys in the event such opportunities arise. Participation in the panel is free. As a panel member, Docintosh (or its service providers or affiliates on Docintosh's behalf) may contact you multiple times via any and all contact information that you provide to Docintosh.
You may only join Docintosh once and therefore membership is personal to you and is not transferable to any other person. Docintosh has the right to refuse any Docintosh member inclusion in market research Panels.
To complete your panel profile, you will be asked to provide information on key profiling demographics that we need, at a minimum, to ensure you are eligible to become a member of the panel and to ensure that once you have successfully registered with the Panel that you have every opportunity to be invited to the surveys as may be applicable. You are responsible for ensuring that your personal details and your profile data at any point are true, accurate and current.
Providing additional information as part of your profile, which is accessible on your personal member pages, is not required but may further increase your chances of being invited to surveys relevant to you.
It remains your responsibility to ensure your login credentials (e-mail and password) are kept confidential. Docintosh will not be liable for any unauthorized use of your account, which includes unauthorized use of your email address and password.
If you no longer wish to be a member of the Panel, you may request to be removed from the Panel at any time. If you choose to opt-out of the Panel, you do not terminate your Docintosh membership. Termination of Docintosh membership will, however, remove you from the Panel. However, upon termination of your participation with the Panel, you forfeit any right to any honoraria or incentives not yet reimbursed to you.
You can request your personal details to be removed from the panel active database and to have your participation in the Panel terminated by:
Docintosh reserves the right to suspend or cancel panel participation, together with any outstanding honoraria or incentives, if applicable, if one of the following events occurs:
Panel members also have the opportunity to participate in the following services. As a panel member, you will receive communications regarding the below Docintosh services, unless you opt out of further emails by using the “unsubscribe” link in those emails.
Docintosh survey allows third parties to create their own mini-surveys. You may receive survey requests for Docintosh Quick Survey and/or from traditional market research surveys as a Panel member. All participation in Docintosh quick survey and any other survey is optional.
Docintosh has no control or review over such Docintosh survey content, which is solely generated by the third parties. In addition, Docintosh does not access or review any Docintosh quick survey survey responses, which go directly to the Docintosh customer creating the survey. As a result, Docintosh does not have any obligation for any adverse event ("AE") reporting that may be required. Docintosh has no access to any information regarding any (AE) that may be submitted as part of any now mini response and therefore has no liability for any AE reporting. Any Docintosh quick survey customer is solely responsible for complying with its own AE reporting procedures and complying with applicable laws and regulations regarding AE. Docintosh may assist with follow up to Docintosh quick survey responses as may be requested by the Docintosh Quick Survey customer as such customer deems necessary customer's compliance with AE reporting obligations.
The Docintosh challenges service allows third parties to create predictive markets to help identify and learn from the movement of opinions and prognostications around real-time events and/or trends. As a Panel member you may be asked to provide educated guesses in Docintosh challenges predictive markets and submit responses through invitations via Docintosh challenges. Docintosh challenges responses submitted in response to Docintosh challenges predictive market events may be posted on a Docintosh website along with your name and general geographic location. Docintosh also maintains a leader board for Docintosh challenges participants that will be posted and maintained on the Docintosh website. If you do not want your name or location posted in connection with a Docintosh challenges response, do not participate in the Docintosh challenges predictive markets.
Your personal information as part of your Docintosh challenges submission may be shared with customers that sponsor the Docintosh challenges predictive markets only with your consent. Unless otherwise set forth in the applicable Docintosh challenges invitation, Docintosh challenges is not considered or treated as traditional market research. When you participate in Docintosh challenges, you will be agreeing to the terms and policies of Docintosh challenges.
Docintosh and its clients may present You with opportunities ("opportunities") for interaction with Docintosh and its clients. participation in opportunities may include interactions on third party websites. You may be offered compensation for participation in certain opportunities. Your completion of such an opportunity does not constitute confirmation of Docintosh's obligation to compensate you for such participation. compensation for such opportunities shall require that you are automatically returned to the Docintosh Site upon completion of such opportunity and receive a confirmation message on the Site. No payments shall be made by Docintosh without your receipt of such confirmation page. The value of an opportunity is subject to change at any time without notice. The criteria by which an opportunity becomes eligible for payment is subject to change at any time. Docintosh reserves the right at any time to withhold or cancel any of your payments or fees due for any reason including any actions or omissions on your part that are not completed, unauthorized, fraudulent or otherwise violate the terms of this agreement.
Should you participate as a Panel member to respond to surveys or other opportunities as contemplated above, you may be entitled to honoraria or incentives for completed participation, depending upon the specifics of the survey or response opportunity. The value of your honorarium or incentive, communicated to you prior to survey participation, is dependent on multiple factors, such as the length of the survey and the complexity of the research project, the type of survey and related Service, and any local regulations in your jurisdiction.
Upon completion of a survey or response opportunity for which you are entitled to an honorarium or incentive, the funds will be transferred to your balance.
The Docintosh balance allows you to hold your honorarium in an Docintosh maintained account (Docintosh Balance). You will be able to either hold your honoraria or incentive in your Docintosh Balance or choose to withdraw part or the totality of your balance by selecting an incentive type for the withdrawal. You will get to make the choice every time you access your balance.
The honoraria and incentives that you earn are accumulated until withdrawn via your active account. In order to withdraw your honoraria, you must select "withdraw" from the "earnings summary" page. All or some of your balance can be withdrawn to be issued using a number of methods as set forth on the "earnings summary" page, which may include such options as prepaid debit card, gift card, check, or donation to charity (not tax-deductible). . Docintosh reserves the right to substitute any honoraria or incentive for a reward of equivalent value or higher value if the applicable honoraria or incentive is not available for an unacceptable amount of time. If you have any issues with selecting payment, please contact us at [email protected] Check or debit card payments are to be made to the individual Docintosh balance account owner, as held on file by Docintosh.
You are responsible for the confidentiality of your account information as further set forth below. If a third party uses your account to withdraw your balance without your consent, Docintosh has no liability for refunding or replenishing your balance.
Docintosh takes all reasonable measures to meet its goal that any applicable honoraria and incentive payments are generally made to you within 1 to 6 weeks after your withdrawal, depending on your payment preference. The length of the payment time may vary depending on your country of residence and payment preference, as well as the particular survey sponsor. You are responsible to notify Docintosh if you do not receive an honorarium or incentive that you believe you are due, within 6 months of completion of the applicable survey. Failing to do so may further delay or result in the waiver of your payment. Docintosh shall not be liable for any losses suffered due to any errors in the administration of honoraria or incentive due to incorrect payment details that you provide to Docintosh.
You are responsible to declare any taxes, if due, to your local financial authorities as a result of honoraria or incentives that you receive as further set forth below. Docintosh will not be liable for any taxes or for providing any assistance on tax matters. For Panel members in the India or other country, Docintosh may issue a TDS or equivalent tax form in the event you receive honoraria or incentives requiring the reporting of income. Details on any honoraria or incentives paid to you can be found on your personal pages.
Docintosh reserves the right, to amend or withdraw any funds credited to your balance in error.
Docintosh reserves the right to revert your honoraria or incentive if it has not been claimed or used for a period of 11 months from the date of issue. After the 11 month period any reverted honoraria or incentive will be reissued upon request of the recipient. However the request must be submitted to [email protected], within 6 months of the expiry of the prior 11 month period, failure to do so will result in the honoraria or incentive being forfeited. It is your responsibility to keep track of any payments you may be due.
Docintosh reserves the right to close your Docintosh balance account if it has been inactive for a period of 11 months from the date of the last withdrawal or last survey or response opportunity completion, whichever is the most recent. All funds in closed Docintosh balances will be forfeited.
Docintosh reserves the right, at any time, to change its payment and other terms provided by this site, effective immediately upon posting on the site or by e-mail delivery to you.
In the event any payment due under this agreement is subject to or becomes subject to any tax or other deduction payable by You, such tax or deduction shall be paid by You, so that the payments by Docintosh shall be in full and free of all liability for such tax or other deductions. You agree to pay and bear the expense of local, state and/or federal government licenses, sales and use, foreign withholding tax, property and ad valorem taxes, which may be imposed or assessed with respect to payments made by Docintosh to You under this agreement. In the case where You have or will have been paid in an amount greater than Rs. 5000 in a single fiscal year, Docintosh reserves the right to request and receive a tax ID No. or other information from you prior to making any subsequent payments. Docintosh shall make all payments due under provisions of this agreement in your local currency.
This Site is intended by Docintosh to require a valid, working e-mail address and password to access and use the materials and other features on the site. Certain other materials or functionalities on the Site may require additional access codes. You are solely responsible for (1) maintaining the strict confidentiality of the e-mail address, passwords and codes (collectively, "ID(s)") assigned to you, (2) not allowing another person to use your IDs to access the Site, (3) any damages or losses that may be incurred or suffered as a result of You or Your failure to maintain the strict confidentiality of your ID, and (4) promptly informing Docintosh in writing of any need to deactivate an ID due to potential or actual security concerns. Docintosh is not liable for any harm related to the theft of your ID, Your disclosure of your ID, or your authorization to allow another person or entity to access and use the Site using Your ID. You agree to immediately notify Docintosh in writing of any unauthorized use of Your ID.
The materials available are for informational and educational purposes only and are not a substitute for the professional judgment of a health care professional in diagnosing and treating patients. Docintosh or you are not permitted to advise, diagnose, or otherwise treat users of this Site. Neither the content nor any other service offered by or through this Site is intended to be for medical diagnosis or treatment. Persons accessing this information assume full responsibility for the use of the information and agree that Docintosh is not responsible or liable for any claim, loss, or damage arising from the use of the information. Docintosh does not recommend or endorse any specific drugs, tests, physicians, products, procedures, opinions, "off-label" drug uses or other information that may be mentioned on the Site. Your reliance upon the materials obtained or used by you is solely at your own risk.
As a user of this Site, you are liable for the accuracy of the information that you provide to us, including, but not limited to, your personal and professional representation as provided in Section 1. You hereby certify that you are not a paid consultant or have any other financial interests in the information you provide to this Site, including, but not limited to, the promotion of "off-label" drug uses, the disclosure of confidential clinical trial or other proprietary information.
The site is not intended for the transmission, storing, review or receipt of confidential patient information ("patient information"). However, if you upload such patient information to the site, the following terms apply. Applicable laws, as well as ethical and licensure requirements of your profession may impose obligations with respect to patient confidentiality that may limit the ability of physicians, health care providers, and persons acting on their behalf, to make use of certain materials or to transmit certain information to third parties. You represent and warrant that you will, at all times during the term of this agreement and thereafter, comply with all laws directly or indirectly applicable to You that may now or hereafter govern the gathering, use, transmission, processing, receipt, reporting, disclosure, maintenance, and storage of the patient information, and use your best efforts to cause all persons or entities under Your direction or control to comply with such laws. You are, at all times during the term of this agreement and thereafter, solely responsible for obtaining and maintaining all patient consents, if applicable, and all other legally necessary consents or permissions required or advisable to disclose, process, retrieve, transmit, and view the Patient Information you transmit, store, or receive in connection with the Site, the materials and any third party site. You agree that Docintosh, Docintosh's licensors and licensees, and all other persons or entities involved in the operation of the materials and functionalities provided through the Site, have the right to monitor, retrieve, store, review and use Patient Information, if applicable, in connection with the operation or use such materials, and are acting on Your behalf in transmitting patient information.
We cannot and do not assume any responsibility for your use or misuse of patient information or other information transmitted, monitored, stored or received while using the site or the materials. We reserve the right to amend or delete any material (along with the right to revoke any membership or restrict access to Docintosh) that in our sole discretion violates the above.
The materials and the site is provided "as is" without any express or implied warranty of any kind including warranties of merchantability, non-infringement of intellectual property, or fitness for any particular purpose or warranties arising by course of dealing or custom or trade. In no event shall Docintosh, its parents, subsidiaries, affiliates and their respective members, directors, officers, employees, stockholders and agents be liable to you or any other entity for any and all damages including but not limited to direct, compensatory, indirect, incidental, consequential, special, exemplary or punitive damages (including, without limitation, damages for loss of profits, business interruption, loss of information and loss of business opportunities) arising out of or relating to (1) the use of or inability to use the materials, or (2) reliance on the content and materials or the site, or (3) errors, inaccuracies, omissions, defects, untimeliness, security breaches, or (4) information communicated through chat rooms or message boards, (5) the compliance with any law, rule, regulation, law enforcement, government officials or legal authority or the like, or (6) any other failure to perform by Docintosh or Docintosh's content providers. the foregoing shall apply regardless of whether Docintosh has been advised of the possibility of such damages. Docintosh also makes no representations or warranties that your access to and use of the site, materials, or third party sites (1) will be uninterrupted or error-free, (2) is free of viruses, unauthorized code, or other harmful components, (3) is secure, or (4) will meet your satisfaction. You are responsible for taking all precautions you believe necessary or advisable to protect you against any claim, damage, loss or hazard that may arise by virtue of your use of the site. Because some jurisdictions may not permit each of these disclaimers and limitations, the above limitation may not apply to You. Docintosh and its parents, subsidiaries, affiliates and their respective members, directors, officers, employees, stockholders and agents further do not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within these materials. Docintosh may make changes to these materials, or to the services and/or products described therein, at any time without notice. Docintosh makes no commitment to update the materials. Any description of materials is not a representation that any such materials are available for sale or distribution in your location.
If, notwithstanding the other terms of this agreement, Docintosh should have any liability to you or any third party for any loss, harm or damage, you and Docintosh agree that such liability shall under no circumstances exceed the value of Rs. 500.00. You and Docintosh agree that the foregoing limitation of liability is an agreed allocation of risk between you and Docintosh. You acknowledge that absent your agreement to this limitation of liability, Docintosh would not provide the site or materials to you.
You agree to defend, indemnify and hold Docintosh, its parent firm, subsidiaries, affiliates and their respective members, directors, officers, employees, stockholders and agents harmless against any losses, expenses, costs or damages (including Docintosh's reasonable attorneys' fees, expert fees' and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to (1) your breach of this agreement, (2) Your unauthorized or unlawful use of the Site or the materials, and (3) the unauthorized or unlawful use of the Site by any other person using your ID.
Unless otherwise agreed in writing prior to your submission, any material, information or other communication you transmit or post to the site or third party site will be considered non-confidential and non-proprietary ("communications"). Docintosh will have no obligations with respect to the communications. You agree that from time to time Docintosh may invite or otherwise make you aware of certain educational, promotional or financial opportunities relating to your communications and profile.
Docintosh here by grants you a non-exclusive, non-transferable license to re-use or republish your own contributions made to the Docintosh Site in its original or derivative form for republication elsewhere, such as in journals or other professional publications. This license is restricted to your own contributions and does not grant you rights to republish the contributions or postings of other Docintosh members. Docintosh and its designees will be free to use for any purpose, copy, disclose, sell, distribute, perform, incorporate and otherwise use the communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes to the extent permitted by applicable law. Docintosh shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing products and services incorporating such information. You are prohibited from posting or transmitting to or from this Site any unlawful, infringing, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law. You are prohibited from revealing the name or other personally identifying information of any other Docintosh member unless that individual has previously revealed his or her own name or personally identifying information in that specific Docintosh post. Any attempt to obtain unauthorized access or to exceed authorized access to the site shall be considered a trespass and computer fraud and abuse, punishable under state and federal laws. Docintosh hereby notifies you that any or all communications with this site can and will be monitored, captured, recorded, and transmitted to the authorities as deemed necessary by Docintosh in its sole discretion and without further notice. You are reminded that Docintosh does not collect personal health information about individuals. To submit a post, you must provide and upload information to the Docintosh server. Within your uploaded submission, Docintosh does not collect or maintain information that would associate this submission with a specific patient or individual. To be clear, Docintosh does not possess nor does it wish to possess patient data.
Once a registered participant, you may provide additional information in your personal profile describing your credentials, professional experiences, academic background, biography and the like. Your personal profile shall be available for viewing by other registered participants of Docintosh and will be considered non-confidential and non-proprietary. Providing additional information in your personal profile beyond what is required at registration is entirely optional and can be altered or removed by you at any time.
If necessary and in accordance with applicable law, Docintosh will comply with local, state, federal, international and/or worldwide with all laws, rules, regulations, law enforcement, government officials, legal authority or the like.
The linked sites are not necessarily under the control of Docintosh and Docintosh is not responsible for nor does it certify the content of any linked site or any link contained in a non-affiliated linked site. Docintosh reserves the right to terminate any link or linking program at any time. Docintosh has selected the links for your convenience. The selection or omission of links is not intended to endorse any particular companies or products. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk. Any links to any portion of the Site shall be the responsibility of the linking party, and Docintosh shall not be responsible for notification of any change in name or location of any information of the Site. Docintosh reserves the right to request any web site administrator to disable or remove any link that violates any rights of Docintosh or causes interruption or deterioration of materials provided by Docintosh. Failure to abide by this request shall be dealt with as provided in this section.
This Site is controlled by Docintosh from its global offices. Docintosh makes no representation that materials in this Site are appropriate or available for use in all locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the materials in violation of applicable export laws or regulations. Any claim relating to the materials shall be governed by local applicable law.
Any dispute between Docintosh and you arising out of this agreement shall be resolved first by direct communication with one or more of Docintosh's management team members. Should Docintosh and You be unable to resolve the dispute by communication and both you and Docintosh jointly agree to do so, Docintosh or You may submit any dispute arising out of or relating to this agreement, or the breach thereof, to final and binding arbitration administered by the American Arbitration Association or its equivalent nearest the place of your professional. The arbitrator shall fully implement the intent and purposes of this Agreement.
Your right to access and use the site and materials immediately terminates without further notice upon your breach of this agreement or if you are found to be in violation of Docintosh's code of conduct. Docintosh may terminate this agreement and/or your right to use the Site and materials at any time, with or without cause. Sections 1, 8, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 24 and 28 of this agreement survive the expiration or termination of this agreement for any reason whatsoever. Docintosh reserves the right to discontinue or make changes to the site and/or materials at any time.
Docintosh may assign this agreement, in whole or in part, in its sole discretion. You may not assign your rights under this agreement without Docintosh's prior written permission. Any attempt by You to assign Your rights under this agreement without Docintosh's permission shall be void.
Any failure to enforce any term or provision of this agreement shall not be deemed a waiver of that or any other breach of that or any other term or provision of this agreement. In addition, any failure to enforce any term or provision of this agreement shall not constitute a waiver of a future breach of that or any other term or provision of this agreement.
Docintosh shall not be liable for any failure or unavailability of the Site and/or the materials or failure by Docintosh to perform a transaction as a result of strikes, lockouts, calamities, Acts of God, unavailability of suppliers, the loss or destruction of data, the deletion or corruption of storage media, power failures, natural phenomena, riots, acts of vandalism, acts or omissions of civil or military authority, war, terrorism or any other event beyond Docintosh's control.
Docintosh may deliver notice to you under this agreement by means of electronic mail, a general notice on http:Docintosh.com, or by written communication delivered by registered mail to your address on record in Docintosh's account information. You may give notice to Docintosh at any time via electronic mail to [email protected] or by letter delivered by registered mail or overnight courier to the following address:Docintosh,
The headings of articles and sections contained in this agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this agreement.
If any provision of this agreement shall be held, be deemed or shall in fact be, invalid, inoperative or unenforceable as applied to any particular case or circumstance because of the conflicts of any provision with any law, regulation, ordinance or for any other reason, the provision or provisions in question shall not be invalid, inoperative or unenforceable in any other case or circumstance, nor shall any other provision or provisions herein contained thereby be or become invalid, inoperative or unenforceable and such provision shall be reformed so that it would be valid, operative and enforceable to the maximum extent permitted in such circumstances.
Docintosh reserves the right to make changes to this agreement at any time without advance notice. Docintosh agrees to post all amended forms of this Agreement on the Site and such amended forms shall be effective immediately upon its posting. It is at all times your responsibility to read the most current form of this agreement before using the Site to ensure that You agree to the terms and conditions of any amendments made to this Agreement. You agree that these standards for notice of amendments to this agreement are reasonable. You understand and agree that if you use the Docintosh services or access the site after the date on which the amendment has been posted, you consent to such amendment.