ADDITIONAL
TERMS OF USE FOR HCPs
These terms and conditions specific to HCPs ("HCP Terms
") form a legally binding agreement between Lybrate Inc, USA ("We" or "Us" or Our or "Lybrate" or
"Company"), having its registered office at c/o Corporation Service Company, 251 Little Falls Drive,
Wilmington, Delaware 19808, USA and You ("You" or "Your"), as
an HCP User of Our Website, System and Services.
You and We
are hereinafter collectively referred to as the "Parties".
By clicking
"sign up" or "start my free trial" or "get started for free" or
the 'I accept' tab at the time of registration, or by entering
into an agreement with Lybrate to provide committed services as
set out in these HCP Terms , or through the continued use of the
System and/or Services,, or by Accessing the System and/or
Services through any medium, including but not limited to
accessing the System through mobile phones, smart phones and
tablets, You agree to be subject to these HCP Terms.
We request
You to please read these HCP Terms carefully and do not click
"sign up" or "start my free trial" or "get started for free" "I
accept" or continue the use of the Website, System and Service
unless You agree fully with these HCP Terms.
These HCP Terms are in addition to the Terms of Use of the
Website available at https://www.lybrate.com/terms,
the Privacy Policy https://www.lybrate.com/privacy
and any other policy which may govern the use of the Website,
System and Services (referred to as the "Other Terms" and
collectively with the HCP Terms referred to as "Agreement")
- 1. Definitions
- As used in these HCP Terms ,
the following terms shall have the meaning set forth below:
- (i) "Account" means
credit or debit balance maintained by You with the Website;
- (ii) "Effective
Date" means the Date on which You accept these HCP Terms by
clicking 'Sign Up' or "start my free trial" or
"get started for free" or 'I Accept';
- (iii) "User
Information" means information regarding Registered Users
which includes personal and medical information and any other
information which may be provided by a Registered Users to You
or may be transferred to You by Lybrate;
- (iv) "Services"
means the services offered to You by Lybrate that involves use
of the System, which may include the practice management
service, electronic medical records service and other services
as may be introduced by Lybrate from time to time;
- (v) "Website" means
www.lybrate.com
- (vi) "System" means
the technology platform provided as part of the Website
consisting of hardware and / or software used or provided by Us
for the purpose of providing the Services to You;
- All other capitalized terms
shall have the meaning ascribed to them in the Other Terms.
- 2. Grant of Rights
- (i) Subject to the terms of
the Agreement, we grant to You and You accept a non-exclusive,
personal, non-transferable, limited right to have access to and
to use the System for the duration of Your engagement with Us.
- The aforementioned right
does not extend to : (a) use the System for time-sharing,
rental or service bureau purposes; (b) make the System, in
whole or in part, available to any other person, entity or
business; (c) modify the contents of the Systems and the
Website or use such content for any commercial purpose, or any
public display, performance, sale or rental other than
envisaged in the Agreement; (c) copy, reverse engineer,
decompile or disassemble the System or the Website, in whole or
in part, or otherwise attempt to discover the source code to
the software used in the System; or (d) modify the System or
associated software or combine the System with any other
software or services not provided or approved by Us.
- You will obtain no rights to
the System except for the limited rights to use the System
expressly granted by these HCP Terms.
- (ii) The System/Website may
links or references which direct you to third party websites /
applications / content or service providers, including
advertisers and e-commerce websites (collectively referred to
as "Third Party Websites"). Links to such Third Party
Websites are provided for your convenience only. Please
exercise your independent judgment and prudence when visiting /
using any Third Party Websites via a link available on the
System / Website. Should You decide to click on the links to
visit such Third Party Website, You do so of Your own volition.
Your usage of such Third Party Websites and all content
available on such Third Party Websites is subject to the terms
of use of the respective Third Party Website and we is not
responsible for Your use of any Third Party Websites
- 3. By accepting these HCP
Terms, You agree that:
- (i) You will acquire,
install, configure and maintain all hardware, software and
communications systems necessary to access the System
("Implementation") and receive the
Services. To the extent possible, such an assessment should be
done before making advance payment for the Service. Your
Implementation will comply with the specifications from time to
time established by Us. You will ensure that Your
Implementation is compatible with the System and Services. If
We notify You that Your Implementation is incompatible with the
System and / or Services, You will rectify such
incompatibility, and We will have the right to suspend Services
to You until such rectification has been implemented. Under no
circumstances will You be eligible for any refund or any
financial assistance in relation to Implementation.
- 4. Engagement of HCPs by
Lybrate
- (i) In certain cases, You
and Lybrate may agree that You will commit to providing
information and responses on the Website for a specific period
of time (such as a specific number of hours per day / week/
month). In such a case, while all the terms of
the Agreement will continue to apply to You, there may be some
additional terms which will apply to You which will be agreed
between You and Lybrate.
- 5. Access to the System and
Use of Services
- (i) Verification. You agree
that Your receipt of Services is subject to verification by Us
of Your identity and credentials as a health care practitioner
and to Your ongoing qualification as such. As part of the
registration process and at any time thereafter, You may be
required to provide Us with various information such as Your
Photo Id, Your medical registration details (as recognized by
the Medical Council of India and Your State Medical Council),
Your qualifications and other information in order to prove
that You are a valid health care practitioner in the field that
You claim ("Credential Information"). We may verify such
Credential Information or may ask You for additional
information. We may also make enquiries from third parties to
verify the authenticity of Your Credential Information. You
authorize Us to make such enquiries from such third parties,
and You agree to hold them and Us harmless from any claim or
liability arising from the request for or disclosure of such
information. You agree that We may terminate Your access to or
use of the System and Services at any time if We are unable at
any time to determine or verify Your Credential Information. We
reserve to right to carry out re-verification of Credential
Information as and when required, and the above rights and
commitments will extend to re-verification as well.
- (ii) Safeguards.
- a) You will implement and
maintain appropriate administrative, physical and technical
safeguards to protect the System from access, use or
alteration; and You will always use the User ID assigned to
You.
- b) You will immediately
notify Us of any breach or suspected breach of the security of
the System of which You become aware, or any unauthorized use
or disclosure of information within or obtained from the
System, and You will take such action to mitigate the breach or
suspected breach as We may direct, and will cooperate with Us
in investigating and mitigating such breach.
- (iii) No Third-Party
Access. You will not permit any third party to have access to
the System or to use the System or the Services without Our
prior written consent. You will not allow any third party to
access the System or provide information to Registered Users/
Non-Registered Users on the Website. You will promptly notify
Us of any order or demand for compulsory disclosure of health
information if the disclosure requires access to or use of the
System or Services.
- 6. Compliance
- (i) You are solely
responsible for ensuring that Your use of the System and the
Services complies with applicable law. You will also ensure
that Your use of the System, the Website and the Services in
always in accordance with the terms of the Agreement. You will
not undertake or permit any unlawful use of the System or
Services, or take any action that would render the operation or
use of the System or Services by us.
- (ii) Without limiting the
generality of the foregoing, You represent that You shall not
use the System in violation of any applicable laws including
MCIs Code of Medical Ethics Regulations or any other code of
conduct governed by your council. Notwithstanding the
generality of the foregoing, You shall not use the System to
- a) Interact with a
Registered Users at the time of medical emergencies.
- b) Discriminate in any way
between appointments booked in the ordinary course and
appointments booked through Lybrate.
- c) Boast of cases,
operations, cures or remedies through System, Services or
Website.
- d) Directly or indirectly
solicit Registered Users for consultation.
- e) Claim to be a specialist,
through System, Services or Website, unless You have a special
qualification in that branch.
- f) Give any positive
assertion or representation regarding the risk-free nature of
communicating over online media.
- (iii) You shall keep Your
Credential Information updated and will inform Us immediately
should any portion of Your Credential Information be revoked,
is cancelled or expires.
- 7. User information
- (i) You hereby acknowledge
that You may get access to User Information including
identifiable health related information.
- (ii) You represent and
warrant that You will, at all times during the use of the
Services and thereafter, comply with all laws directly or
indirectly applicable to You that may now or hereafter govern
the collection, use, transmission, processing, receipt,
reporting, disclosure, maintenance, and storage of User
Information, including but not limited to the Information
Technology Act, 2000 and The Information Technology (Reasonable
Security Practices and Procedures and Sensitive Personal Data
or Information) Rules, 2011 made thereunder.,
- (iii) Notwithstanding the
generality of the aforementioned provision
- (a) You acknowledge that You
have read, understood and agree to comply with Lybrate's
Privacy Policy available at https://www.lybrate.com/privacy
when dealing with User Information.
- (b) You represent and
warrant that You will not use the User Information of
Registered Users and Non-Registered Users for any other purpose
than for providing information to such Registered Users and
Non-Registered Users and /or fixing appointments with the
Registered Users.
- 8. Cooperation
- (i) You will cooperate with
Us in the administration of the System, including providing
reasonable assistance in evaluating the System and collecting
and reporting data requested by Us for the purposes of
administering the System.
- (ii) We may provide Your
reference to other potential users of the system as a referral
to Our Services. In case You would not like to be contacted by
potential users, You can send Us an email at hello@lybrate.com regarding
the same. We shall cease providing Your reference to potential
users within 48 hours of receipt of such written request.
- 9. Providing Physician Data
- You agree that We may
provide de-identified health information and other information
including Your personal information and information concerning
Your practice to any medical group, independent practice
association of physicians, health plan or other organization
including any organization with which You have a contract to
provide medical services, or to whose members or enrollees You
provide medical services. Such information may identify You,
but will not identify any individual to whom You provide
services. Such information may include (without limitation)
aggregate data concerning Your patients, diagnoses, procedures,
orders etc.
- 10. Intellectual Property
Rights
- All intellectual property
rights in and title to the System, the present or future
modifications / upgradations thereof and standard enhancements
thereto shall remain the property of Lybrate Inc. and its licensors.
These HCP Terms or the Agreement do not and shall not transfer
any ownership or proprietary interest in the System from
Lybrate to You, except as may be otherwise expressly provided
in these HCP Terms or as may be agreed to by and between
Lybrate and You.
- 11. Fees and Charges
- (i) You will be obligated to
pay Us Our standard service fee (the "Service Fee")
for the Services to which You have access during Your
subscription to the System and Our Services. You also agree to
pay, Our then current rates, for all goods or services that You
request from Us and that are not included in Our standard
services ("Miscellaneous Charges"). We will
notify You of the Service Fee and Miscellaneous Charges when
You are granted access to a service, and We will notify You of
the applicable Miscellaneous Charges before providing services
to which a Miscellaneous Charge will apply.
- (ii) You understand that
Lybrate provides various Services with respect to the System.
While some of these Services are provided for free, there are
certain Services for which costs will be incurred by You, if
You decide to avail such Services ("Paid Services").
For more information on Lybrate's Service Fees with respect
to Paid Services including modes of payment, please check https://doctor.lybrate.com/pricing.
Lybrate shall have the right to change the Service Fees for the
Paid Services at any time, with or without notice to You. Your
continued use of the System and the Website shall be deemed to
be Your acceptance of such changes.
- (iii) You understand and
acknowledge that We follow a prepay payment model for Our
Services. Accordingly, Your access to the Services can be
limited or suspended or terminated in case You are unable to
maintain any credit balance in Your Account which you may have
agreed to at the time of subscription ("Non Payment
State"). Lybrate reserves the right to charge additional
charges ("Activation Fees") in case Your
Services need to be restored after being suspended for
non-payment.
- (iv) All charges and fees
shall be exclusive of all state, municipal, or other government
excise, sales, service, use, occupational, or like taxes now in
force. We have a right to pass on any additional taxes or other
state levies to You and You agree to pay any tax (excluding
taxes on Our net income) that We may be required to collect or
pay now or at any time in the future and that are imposed upon
the sale or delivery of items and Services purchased under
these HCP Terms.
- (v) You are responsible for
any charges You incur to use the System, such as telephone and
equipment charges, and fees charged by third-party vendors of
products and services.
- (f) We reserve to change the
terms applicable to fee at any point in time by giving You
fifteen (15) days' prior intimation via email. The revised
fee terms shall be automatically applicable to You after the
fifteen (15) days' notice period. You agree that no
separate confirmation or approval is required from You to amend
the terms with regard to the fee.
- (vi) We do not have any
refunds policy. You can stop payment of the Service Fees at any
point in time to discontinue using Our Service. At such point,
Your subscription shall last till the end of Your subscription
period (a maximum of 30 days) and shall then be moved to Non
Payment State. Provisions of Section 11(iii) above shall apply
for such accounts.
- (vii) The HCP Fees collected
by Lybrate on your behalf from Registered Users shall be
disbursed to your bank within 45 days of the date of the
completion of the consultation for which such HCP Fees were
collected. You agree that the consultation shall be deemed to
have been completed after expiry of fifteen (15) days from the
date of the consultation. For the removal of doubts, a
consultation shall be deemed to have been completed when the
payee Registered User has been provided the level of
consultation reasonably expected from you in consideration of
the HCP Fees.
- (viii) When We collect lump
sum HCP Fees for multiple consultations which have been booked
by the Registered Users:
- a. You will deliver and
complete all consultations which have been booked
- b. the lump sum HCP Fees
shall be deemed to have been delivered only after expiry of
fifteen (15) days from the date of completion of the last
consultation.
- c. You will refund all
amounts for which no consultation has been delivered.
- (ix) You hereby grant Us
written consent to collect, store, handle and use Your
financial information such as bank account or credit card or
debit card or other payment instrument details for the purpose
of paying for Services and access to System in accordance with
Our Privacy Policy.
- (x) In case Lybrate is of
the opinion that the consultation provided by you to Registered
User against the HCP Fees is unsatisfactory or deficient in
some way, then it reserves the right to (a) where the
corresponding HCP Fees is unpaid, forfeit the said fees or (b)
where the corresponding HCP Fee is paid, (i) recover the
corresponding HCP Fees by adjusting the amount equivalent to
HCP Fees against any future payments that may be due or (ii)
make a claim of the corresponding HCP Fees on you. You agree
that upon receipt to a claim from Lybrate, you will pay the
amount to Lybrate within fifteen (15) days from the date of the
claim.
- 12. Confidential Information
- (a) You will treat all
information received from Us as confidential. You may not
disclose Our confidential information to any other person, and
You may not use any confidential information except as provided
herein. Except as otherwise provided in HCP Terms and Other
Terms, You may not, without Our prior written consent, at any
time, during or after the applicability of these HCP Terms,
directly or indirectly, divulge or disclose confidential
information for any purpose or use confidential information for
Your own benefit or for the purposes or benefit of any other
person. You agree to hold all confidential information in
strict confidence and to take all measures necessary to prevent
unauthorized copying, use, or disclosure of confidential
information, and to keep the confidential information from
being disclosed into the public domain or into the possession
of persons not bound to maintain confidentiality. You will
disclose confidential information only to your employees,
agents or contractors who have a need to use it for the
purposes permitted under the HCP Terms and Other Terms only.
You will inform all such recipients of the confidential nature
of confidential information and will instruct them to deal with
confidential information in accordance with these HCP Terms.
You will promptly notify Us in writing of any improper
disclosure, misappropriation, or misuse of the confidential
information by any person, which may come to Your attention.
- (b) You agree that We will
suffer irreparable harm if You fail to comply with the
obligations set forth in this Section 12, and You further agree
that monetary damages will be inadequate to compensate Us for
any such breach. Accordingly, You agree that We will, in
addition to any other remedies available to Us at law or in
equity, be entitled to seek injunctive relief to enforce the
provisions hereof, immediately and without the necessity of
posting a bond.
- (c) This Section 12 will
survive the termination or expiration of these HCP Terms or
Agreement for any reason.
- 13. Disclaimer and Exclusion
of Warranties
- (A) YOU ACKNOWLEDGE THAT
ACCESS TO THE SYSTEM WILL BE PROVIDED OVER VARIOUS FACILITIES
AND COMMUNICATION LINES, AND INFORMATION WILL BE TRANSMITTED
OVER LOCAL EXCHANGE AND INTERNET BACKBONE CARRIER LINES AND
THROUGH ROUTERS, SWITCHES, AND OTHER DEVICES (COLLECTIVELY,
"CARRIER LINES") OWNED, MAINTAINED, AND SERVICED
BY THIRD-PARTY CARRIERS, UTILITIES, AND INTERNET SERVICE
PROVIDERS, ALL OF WHICH ARE BEYOND OUR CONTROL. WE ASSUME NO
LIABILITY FOR OR RELATING TO THE INTEGRITY, PRIVACY, SECURITY,
CONFIDENTIALITY, OR USE OF ANY INFORMATION WHILE IT IS
TRANSMITTED ON THE CARRIER LINES, OR ANY DELAY, FAILURE,
INTERRUPTION, INTERCEPTION, LOSS, TRANSMISSION, OR CORRUPTION
OF ANY DATA OR OTHER INFORMATION ATTRIBUTABLE TO TRANSMISSION
ON THE CARRIER LINES. USE OF THE CARRIER LINES IS SOLELY AT
YOUR RISK AND IS SUBJECT TO ALL APPLICABLE LOCAL, STATE,
NATIONAL, AND INTERNATIONAL LAWS.
- (B) THE SERVICES, THE
WEBSITE THE SYSTEM, ACCESS TO THE SYSTEM AND THE INFORMATION
CONTAINED ON THE SYSTEM IS PROVIDED "AS IS" AND "AS
AVAILABLE" BASIS WITHOUT ANY WARRANTY OF ANY KIND,
EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT. YOU ARE SOLELY RESPONSIBLE FOR
ANY AND ALL ACTS OR OMISSIONS TAKEN OR MADE IN RELIANCE ON THE
SYSTEM OR THE INFORMATION IN THE SYSTEM, INCLUDING INACCURATE
OR INCOMPLETE INFORMATION. IT IS EXPRESSLY AGREED THAT IN NO
EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, INDIRECT,
CONSEQUENTIAL, REMOTE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT
LIMITED TO, LOSS OF PROFITS OR REVENUES, LOSS OF USE, OR LOSS
OF INFORMATION OR DATA, WHETHER A CLAIM FOR ANY SUCH LIABILITY
OR DAMAGES IS PREMISED UPON BREACH OF CONTRACT, BREACH OF
WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY OF
LIABILITY, EVEN IF WE HAVE BEEN APPRISED OF THE POSSIBILITY OR
LIKELIHOOD OF SUCH DAMAGES OCCURRING. WE DISCLAIM ANY AND ALL
LIABILITY FOR ERRONEOUS TRANSMISSIONS AND LOSS OF SERVICE
RESULTING FROM COMMUNICATION FAILURES BY TELECOMMUNICATION
SERVICE PROVIDERS OR THE SYSTEM.
- (C) YOU ACKNOWLEDGE THAT
OTHER USERS HAVE ACCESS TO THE SYSTEM AND ARE RECEIVING OUR
SERVICES. SUCH OTHER USERS HAVE COMMITTED TO COMPLY WITH THESE
TERMS & CONDITIONS AND OUR POLICIES AND PROCEDURES CONCERNING
USE OF THE SYSTEM; HOWEVER, THE ACTIONS OF SUCH OTHER USERS ARE
BEYOND OUR CONTROL. ACCORDINGLY, WE DO NOT ASSUME ANY LIABILITY
FOR OR RELATING TO ANY IMPAIRMENT OF THE PRIVACY, SECURITY,
CONFIDENTIALITY, INTEGRITY, AVAILABILITY, OR RESTRICTED USE OF
ANY INFORMATION ON THE SYSTEM RESULTING FROM ANY USERS'
ACTIONS OR FAILURES TO ACT.
- (D) WE ARE NOT RESPONSIBLE
FOR UNAUTHORIZED ACCESS TO YOUR, DATA, FACILITIES OR EQUIPMENT
BY INDIVIDUALS OR ENTITIES USING THE SYSTEM OR FOR UNAUTHORIZED
ACCESS TO, ALTERATION, THEFT. CORRUPTION, LOSS OR DESTRUCTION
OF YOUR, DATA FILES, PROGRAMS, PROCEDURES, OR INFORMATION
THROUGH THE SYSTEM, WHETHER BY ACCIDENT, FRAUDULENT MEANS OR
DEVICES, OR ANY OTHER MEANS. YOU ARE SOLELY RESPONSIBLE FOR
VALIDATING THE ACCURACY OF ALL OUTPUT AND REPORTS, AND FOR
PROTECTING YOUR DATA AND PROGRAMS FROM LOSS BY IMPLEMENTING
APPROPRIATE SECURITY MEASURES, INCLUDING ROUTINE BACKUP
PROCEDURES. YOU HEREBY WAIVE ANY DAMAGES OCCASIONED BY LOST OR
CORRUPT DATA, INCORRECT REPORTS, OR INCORRECT DATA FILES
RESULTING FROM PROGRAMMING ERROR, OPERATOR ERROR, EQUIPMENT OR
SOFTWARE MALFUNCTION, SECURITY VIOLATIONS, OR THE USE OF
THIRD-PARTY SOFTWARE. WE ARE NOT RESPONSIBLE FOR THE CONTENT OF
ANY INFORMATION TRANSMITTED OR RECEIVED THROUGH OUR PROVISION
OF THE SERVICES.
- (E) WE EXPRESSLY DISCLAIM
ANY LIABILITY FOR THE CONSEQUENCES TO YOU ARISING BECAUSE OF
YOUR USE OF THE SYSTEM OR THE SERVICES.
- (F) WE DO NOT WARRANT THAT
YOUR USE OF THE SYSTEM AND THE SERVICES UNDER THESE TERMS WILL
NOT VIOLATE ANY LAW OR REGULATION APPLICABLE TO YOU.
- 14. Limitation Of Liability
- NOTWITHSTANDING THE OTHER
TERMS OF THESE HCP TERMS , IN THE EVENT LYBRATE SHOULD HAVE ANY
LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM OR
DAMAGE, YOU AND LYBRATE AGREE THAT SUCH LIABILITY SHALL UNDER
NO CIRCUMSTANCES EXCEED THE VALUE OF ANY FEES RECEIVED BY
LYBRATE FROM YOU IN THE PRECEDING TWELVE MONTHS OR INR 5000
WHICHEVER IS LOWER. YOU AND LYBRATE AGREE THAT THE FOREGOING
LIMITATION OF LIABILITY IS AN AGREED ALLOCATION OF RISK BETWEEN
YOU AND LYBRATE. YOU ACKNOWLEDGE THAT WITHOUT YOUR ASSENT TO
THIS SECTION 14, LYBRATE WOULD NOT PROVIDE ACCESS TO THE
SYSTEM, TO YOU.
- 15. Indemnification
- You agree to indemnify,
defend, and hold harmless Lybrate, Our and their affiliates,
officers, directors, and agents, from and against any claim,
cost or liability, including reasonable attorneys' fees,
arising out of: (a) the use of the Services; (b) any breach by
You of any representations, warranties or agreements contained
in these HCP Terms ; (c) the actions of any person gaining
access to the System under a User ID assigned to You; (d) the
actions of anyone using a User ID, password or other unique
identifier assigned to You that adversely affects the System or
any information accessed through the System;
- 16. Termination;
Modification; Suspension; Termination
- (a) We or You may terminate
our Services at any time without cause upon thirty (30) days
prior written notice to You.
- (b) We may update or change
the Services and/or the HCP Terms and/ or the Service Fee set
forth in these HCP Terms from time to time and recommend that
You review these HCP Terms on a regular basis. You understand
and agree that Your continued use of the Services after the HCP
Terms has been updated or changed constitutes Your acceptance
of the revised HCP Terms. Without limiting the foregoing, if We
make a change to these HCP Terms that materially affects Your
use of the Services, We may post notice on the Website or
notify You via email of any such change.
- (c) Termination, Suspension
or Amendment as a result of applicable laws - Notwithstanding
anything to the contrary in these HCP Terms , We have the
right, on providing notice to You, immediately to terminate,
suspend, or amend the provision of the Services without
liability: (a) to comply with any order issued or proposed to
be issued by any governmental agency; (b) to comply with any
provision of law, any standard of participation in any
reimbursement program, or any accreditation standard; or (c) if
performance of any term of these HCP Terms by either Party
would cause it to be in violation of law.
- (d) We may terminate the
provision of Services to You through the System immediately
upon notice to You: (i) if You are named as a defendant in a
criminal proceeding for a violation of federal or state law;
(ii) if a finding or stipulation is made or entered into that
You have violated any standard or requirement of federal or
state law relating to the privacy or security of health
information is made in any administrative or civil proceeding;
or (iii) You cease to be qualified to provide services as a
health care professional, or We are unable to verify Your
qualifications as notified to Us under these HCP Terms.
- (e) We may suspend Your
Services immediately pending Your cure of any breach of these
HCP Terms, or in the event We determine in Our sole discretion
that access to or use of the System by You may jeopardize the
System or the confidentiality, privacy, security, integrity or
availability of information within the System, or that You have
violated or may violate these HCP Terms or Other Terms, or has
jeopardized or may jeopardize the rights of any third party, or
that any person is or may be making unauthorized use of the
System with any User ID assigned to You. Our election to
suspend the Services shall not waive or affect Our rights to
terminate these HCP Terms as applicable to You as permitted
under these HCP Terms.
- (f) Upon termination, You
will cease to use the System and We will terminate Your access
to the System. Upon termination for any reason, You will remove
all software provided under HCP Terms from Your computer
systems, You will cease to have access to the System, and You
will return to Us all hardware, software and documentation
provided by or on behalf of Us.