MyOPD :: Terms of Service

Thank you for your interest in MyOPD. Please review the following Terms of Service, which will govern your registration with and use of MyOPD Platform.

By using the MyOPD Platform, you agree to the terms and conditions ('Terms of Service') contained in this document ('Agreement') as well as to the terms of the MyOPD Privacy Policy, which is available at Privacy Policy You agree to accept these Terms of Service electronically. If you do not want to be bound by the Terms of Service, you may not make use of MyOPD Platform.

Definitions

"Catalyze" means Catalyze Systems Pvt Ltd a company headquartered in Pune, India.

"MyOPD Platform" refers to the anything and everything associated with MyOPD included but not limited to storage, email and collaboration services.

"MyOPD Services" refers to all products and services provided to you by Catalyze, outside of the MyOPD Platform.

"User" means any user or person who interacts with MyOPD Platform

Description of MyOPD Platform

MyOPD is a clinic management software for use of Doctors in India. The software is currently available on Windows 7 and Windows 8 with part of data being available on Android 3.0+ Phones.

MyOPD operates offline most of the times however requires internet for certain services like Cloud Backup and SMS delivery.

In order to use the MyOPD Platform, you must use one of the supported system. Additionally, you are required to register your User information with Catalyze. Catalyze does not provide internet access, and you are responsible for all fees associated with your internet connection as a result of using the MyOPD Platform.

Users

Doctors: If you are a Doctor, you may start using MyOPD for your business and have information you consider confidential and designate as confidential stored in our Cloud backup and other online services. Please note, though we take all reasonable steps in accordance with industry standards to prevent illegal access, we cannot guarantee that the MyOPD Platform will never suffer from a software bug or a hacker attack that will allow unauthorized viewing of confidential material.

General Users: Doctor's profile page on the MyOPD Platform will be visible to Users who have not registered as Doctors. Those Users, nevertheless, are bound by these Terms of Service. Doctors should be aware that information they provide that is not designated as confidential will be visible to all Users.

Catalyze shall have no obligation to participate or assist in any way in the event of any dispute between Users.

Notwithstanding the above or anything to the contrary set forth in the Terms of Service, Catalyze shall have the absolute and unlimited rights to reject any User, to terminate the account of any User, to delete any User Content.

License to Use

Subject to the terms of these Terms of Service, which constitute the agreement between Catalyze and you, the User.

Some of MyOPD's services are provided free of charge, while others are provided for a fee. Please contact us for more information about our pricing.

Payment

You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Payments must be made annually in advance unless otherwise mutually agreed upon in writing. All payment obligations are noncancelable and all amounts paid are nonrefundable. You are responsible for paying for all User licenses ordered for the entire year, whether or not such User licenses are actively used. Catalyze will provide you with payment information details when you would have to pay for our product and services.

Account

Eligibility

In order to access and use most of the MyOPD Platform, you must be a Doctor and should signup for an account. If you are not a Doctor, please do not sign up for an account. Additionally, if you wish to use the MyOPD platform as an advisor to the Doctor, please do so after consent from the Doctor and use the real credentials of the Doctor to sign up. Catalyze does not take the responsibility of validating the details of Doctor entered at the start. However, should there be a dispute regarding the authenticity of the data you provide, your account will be cancelled immediately in addition to strict penalties to you.

The prescriptions/information that you enter and give to a patient are your sole responsibility. MyOPD Software does not in anyway, recommend changes or suggest the diagnosis, treatment to a Doctor while using the software.

Limitations on Use

In order to best serve our Users, and to comply with applicable laws, Catalyze restricts how you can use MyOPD Platform and interact with other Users. Please understand the use carefully, since your violation of them may result in the termination of your access to the MyOPD Platform in Catalyze?s sole discretion at any time and without prior notice.

How we contact you?

By signing up for the trial of any of the products belonging to Catalyze, you authorize the staff of Catalyze to contact you over email, phone - voice and sms, to explain the product offerings. This is even if you are registered in the DND registry. We do not do unsolicited marketing calls. However, these calls are based on the basis of your enrollment for trial.

Data Accuracy

We ask that any registration data you provide to MyOPD is true, current and complete. In the event any of this information changes, please update it wherever applicable.

Compliance with Applicable Laws

You agree to use the MyOPD Platform only as provided for in these Terms of Service. You also agree not to use the MyOPD Platform in any way that is in conflict with the law in your jurisdiction. Further, you may not use the MyOPD Platform for the transmission of any information that is obscene, libelous, harassing, abusive, threatening, invasive of a User's privacy.

You agree that all or any disputes arising out of using MyOPD website or any of related MyOPD Software programs will be subject to jurisdiction of Pune Courts only.

Email/SMS

Please use the email/sms features of the MyOPD Platform responsibly. You may not use the MyOPD Platform to send unsolicited commercial email ('spam') or unsolicited mass distribution of files or messages. In order to enforce this provision, Catalyze may establish additional policies regarding the use of email/sms features, including, but not limited to, maximum retention times of messages, maximum number of messages sent per day, or a maximum size of a message.

You agree that the Bulk SMS you send are subject to review on MyOPD Platform.

You agree not to use or launch any automated system, including without limitation, ?robots,? ?spiders,? ?offline readers,? etc., that access the MyOPD Platform in a manner that sends more request messages to MyOPD?s servers in a given period of time than a human can reasonably produce in the same period by using MyOPD client software. Notwithstanding the foregoing, Catalyze grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Catalyze reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the MyOPD Platform, nor to use the communication systems provided by the MyOPD Platform for any commercial solicitation purposes.

If you receive any email through the MyOPD Platform that you believe is not in compliance with the above provision, please notify us by forwarding the email, along with an explanatory note, to [email protected]

Privacy

Please view the Privacy Policy for website and mobile access for more details.

Prohibited Activities

In general, as a condition to your continued use of the MyOPD Platform, you agree that you will not use the MyOPD Platform for any purpose that is unlawful or prohibited by these Terms of Service. In the access or use of the MyOPD Platform, you shall comply with these Terms of Service and the special warnings or instructions for access or use posted on the MyOPD Platform. You shall act always in accordance with the law, custom and in good faith. You may not make any change or alteration to the MyOPD Platform or any MyOPD services that may appear on the MyOPD Platform and you may not impair in any way the integrity or operation of the MyOPD Platform. Without limiting the generality of any other provision of these Terms of Service, if you default negligently or willfully in any of the obligations set forth in these Terms of Service, you shall be liable for all the losses and damages that this may cause to Catalyze, our affiliates, partners or licensors.

By way of example, and not limitation, you agree not to:

Post, transmit, or otherwise make available through or in connection with your use of the MyOPD Platform:

Any information or materials that are or may be, or the posting, transmission or use of which is or may be: (a) threatening, harassing, degrading, hateful or intimidating; (b) defamatory or libelous; (c) fraudulent or tortious; (d) obscene, indecent, pornographic or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right of any third party.

Any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense; or that encourages or provides instructional information about illegal activities or activities such as "hacking", "cracking", or "phreaking".

Any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or that may or is intended to damage, hijack, disable, interfere with, or disrupt the operation of, or monitor the use of, any hardware, software or equipment.

Any unsolicited or unauthorized advertisements, promotional material, "junk mail", "spam," "chain letter", "pyramid scheme" or investment opportunity, or any other form of solicitation that is not expressly approved in writing by Catalyze in advance.

Any personally identifiable information of another individual, without the prior consent of such individual.

Any material, non-public information about a company, without the proper authorization to do so.

Use the MyOPD Platform for any fraudulent or unlawful purpose.

Use the MyOPD Platform to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others? privacy rights or rights of publicity, or to harvest or collect information about Users of the MyOPD Platform.

Impersonate any person or entity, including without limitation any representative of Catalyze or any other company; falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the MyOPD Platform; or express or imply that Catalyze endorses any statement you make.

Interfere with or disrupt the operation of the MyOPD Platform or the servers or networks used to make the MyOPD Platform available; or violate any requirements, procedures, policies or regulations of such networks.

Restrict or inhibit any other person from using the MyOPD Platform (including without limitation by hacking or defacing any portion of the MyOPD Platform).

Reproduce, duplicate, copy, sell, resell, link to or otherwise exploit for any commercial purposes, any portion of, use of, or access to, the MyOPD Platform.

Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of MyOPD Platform.

Remove any copyright, trademark or other proprietary rights notice from the MyOPD Platform or materials originating from the MyOPD Platform.

Frame or mirror any part of the MyOPD Platform.

Create a database by downloading and storing MyOPD Platform Content.

Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, scrape, data mine or in any way MyOPD Platform Content or reproduce or circumvent the navigational structure or presentation of the MyOPD Platform without Catalyze's express prior written consent.

User Submissions or improvements, Suggestions and Ideas

We do not accept unsolicited suggestions and/or ideas. All inquiries, feedback, suggestions, ideas or other information any User provides to Catalyze concerning the MyOPD Platform (collectively, ?Submissions?) will be treated as non-proprietary and non-confidential. By transmitting or posting any Submission, the User hereby grants Catalyze full ownership of the Submission as if Catalyze had created, developed and posted the Submission for its own purposes. Catalyze reserves the right to copy, use, reproduce, modify, adapt, translate, publish, license, distribute, sell or assign the Submission in any way as it sees fit, including but not limited to copying in whole or in part, creating derivative works from, distributing and displaying any Submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works, or using the Submission within or in connection with Catalyze's products or services. User also acknowledges that User Submissions will not be returned and Catalyze may use Submissions, and any ideas, concepts or know how contained therein, without payment of money or any other form of consideration, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products. For clarification, deal documents and emails or other communications between Users are not considered Submissions; Catalyze claims no right, title or interest such documents or communications.

If a User makes a Submission, the User represents and warrants that the User owns or otherwise control the rights to the Submission. User further represents and warrants that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of ?spam.? Users may not use a false email address, impersonate any person or entity, or otherwise mislead Catalyze as to the origin of any Submission. The User agrees to indemnify Catalyze for all claims arising from or in connection with any claims to any rights in any Submission or any damages arising from any Submission.

User shall be solely responsible for User?s own User Content and the consequences of posting or publishing them. In connection with User Content , User affirms, represents, and/or warrants that: (i) User owns or has the necessary Degrees, rights, consents, and permissions to use and authorize Catalyze to use all User Content to enable inclusion and use of the User Content in the manner contemplated by the MyOPD Platform and these Terms of Service; and (ii) User has the written consent, release, and/or permission of each and every identifiable item in the User Content to use the name or likeness of each and every such identifiable service inclusion and use of the User Content in the manner contemplated by the MyOPD Platform and these Terms of Service.

Registered User Information

Privacy

Catalyze is committed to protecting the privacy of its Users and has developed a detailed Privacy Policy that describes our practices and procedures regarding your data. The Privacy Policy is available at http://www.myopd.in/privacy_policy.html and http://www.myopd.in/privacy_policy_mobApp.html and is incorporated herein by reference. Please review the Privacy Policy before accepting this Agreement.

By registering with or using MyOPD Services, you consent to the collection and use of your personal information and the transfer of this information to the United States or other countries for processing and storage by Catalyze.

Limitations on Service

While it is our goal at Catalyze to provide you with a useful, stable and available service, we cannot guarantee that there will be no unforeseen difficulties, technical or otherwise, which may, in rare cases, result in service interruptions or loss of data. For this reason, the MyOPD Platform and all Content and services on it are provided strictly on an 'as is' basis. By accepting these Terms of Service, you agree that neither Catalyze nor any of its third party service providers will be held accountable for any delays in transmission of your data, data loss, service interruptions or retention of User settings.

Catalyze reserves the right to change or discontinue, either temporarily or permanently, any part of the MyOPD Platform or any or all of its services at any time and without prior notice. You agree that neither Catalyze nor any of its third party service providers will be liable for any damages, including lost business opportunities, should such discontinuance occur.

Disclaimers

NONE OF CATALYZE, ITS AFFILIATES, THEIR RESPECTIVE MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (COLLECTIVELY REFERRED AS CATALYZE PARTIES) MAKES ANY WARRANTIES OR REPRESENTATIONS ABOUT THE MyOPD PLATFORM OR ITS CONTENTS, INCLUDING BUT NOT LIMITED TO THEIR ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS, OR RELIABILITY. NONE OF THE CATALYZE PARTIES SHALL BE SUBJECT TO LIABILITY FOR TRUTH, ACCURACY, OR COMPLETENESS OF ANY INFORMATION MADE AVAILABLE ON OR THROUGH THE MyOPD PLATFORM OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE MyOPD PLATFORM A SOLELY AT YOUR OWN RISK.

IN NO EVENT SHALL ANY CATALYZE PARTY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM EITHER A PERSON OR ENTITY'S USE OR INABILITY TO USE THE MyOPD PLATFORM, OR THE SUBMISSION OF ANY MATERIALS VIA THE MyOPD PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF A CATALYZE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification

At Catalyze's request, User agrees to defend, indemnify and hold harmless Catalyze, its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, licensees, distributors and content providers from all damages, liabilities, claims and expenses, including without limitation legal fees and costs, arising from or related, directly or indirectly, to any misuse of the MyOPD Platform or breach of this Agreement by User.

Modifications to the Terms of Service

Catalyze may change these Terms of Service at any time and in its sole discretion. The modified Terms of Service will be effective immediately upon posting and you agree to the new posted Terms of Service by continuing your use the MyOPD Platform. Catalyze will notify you of the changes happening to the Terms of Service. If you do not agree, you will have to leave MyOPD Platform.

USER ACKNOWLEDGES THAT USER HAS READ THIS AGREEMENT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. USER FURTHER AGREES THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN USER AND CATALYZE WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, WRITTEN OR ORAL, AND ANY OTHER COMMUNICATION BETWEEN USER AND CATALYZE RELATING TO THE SUBJECT MATTER OF THIS TERMS OF SERVICE.

Should you have any questions concerning these Terms Of Service, please email us at [email protected]