Terms and Conditions - Last updated 11 September 2017

By using our online services, you agree to be bound by these terms, which shall take effect immediately on your first use of one of our online services. If you do not agree to be bound by all of the following terms, please do not access, use and/or contribute to any of our online services. You should print a copy of these terms or save them to your computer for future reference.

1. ACCESSING THE WEBSITE

Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice. We will not be liable if for any reason our site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use. 

When using our site, you must comply with the provisions of our acceptable use policy below. 

You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them. 

2. REGISTRATION

2.1 Eligibility
To access our Services through our Website, you must be a legal entity, or an individual of thirteen (13) years of age or older who can form legally binding contracts. To become a Registered User, you must accept all of the terms and conditions in, incorporated by reference in, and linked to, these Terms of Service. ‘Healthengine.mu’ reserves the right, in its sole discretion, to refuse, suspend, or terminate Services to anyone.

2.2 Registration
To become a Registered User and to access Services you must register for an Account. You agree to provide true, accurate and complete information as prompted by the registration form and all forms you access on the Website, and to update this information to maintain its truthfulness, accuracy and completeness.

2.3 Accounts and Profiles
Once you have registered with the Website as a Registered User, the Website will create your Account with ‘Healthengine.mu’ and associate it with an account number. Doctors have a monthly subscription and can create medical records for patients which are stored on our platform.

2.4 Username and Password
During registration, you will be asked to choose a username and password. As a Registered User, you agree and you are entirely responsible to safeguard and maintain the confidentiality of the username and password you use to access this Website. You authorize ‘Healthengine.mu’ to assume that any person using the Website with your username and password is authorized to act for you. You agree to notify us immediately if you suspect any unauthorized use of the Account.

3. MODIFICATION OF THESE TERMS

We reserve the right to change these terms and conditions of these Terms of Use at any time. You should check this page regularly. The changes will appear on the Sites and will be effective when we post the changes. Your continued use of the Sites means you agree to and accept the changes. If a Site contains additional terms and conditions then those terms and conditions shall apply to your use of such Site, in addition to these terms and conditions, provided, that, in the event of a conflict with these terms and conditions, the conflicting terms and conditions of such Site shall apply only to your use of that Site and only to the extent of the conflict.

4. COLLECTING YOUR INFORMATION

By using our online services, you agree to provide any relevant information, documents and attachments, through electronic means, in the format and to the standards described for each transaction. You also agree and understand that the information collected will be retained in electronic form. 

5. RIGHT TO SUSPEND, ALTER, OR CANCEL SERVICE

The ‘Healthengine.mu’ shall be entitled at any time without prior notice or any liability to you, to cancel or suspend any or all our online services and/or to substitute alternative services, which may or may not be interactive or transactional in nature.

6. PROHIBITED USE

You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site:

6.1 In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the Mauritius or other countries).

6.2 For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.

6.3 To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.

Additionally, you agree not to:

6.4 Use the Site in any manner that could disable, overburden, damage, or impair the Sites or interfere with any other party's use of the Site, including their ability to engage in real time activities through the Site.

6.5 You agree not to "scrape" or disaggregate data from the Site (whether by manual or automated means), for any commercial, marketing, or data compiling or enhancing purpose. Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.

6.6 Use any device, software or routine that interferes with the proper working of the Site.

6.7 Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

6.8 Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.

6.9 If User leaves a review or comment, we have the right to delete or change the review. Also, we have the right to remove products and replace it or delete it.

7. MONITORING AND ENFORCEMENT; TERMINATION

 ‘Healthengine.mu’ have the right to:

7.1 Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public or could create liability for the Company.

7.2 Disclose your identity or other information ‘Healthengine.mu’ you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

7.3 Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.

7.4 Terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms of Use.

7.5 Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information related to anyone posting any materials on or through the Site.

7.6 You waive and hold harmless the company and its affiliates, licensees and service providers from any claims resulting from any action taken by any of the foregoing parties during or as a result of its investigations and from any actions taken as a consequence of investigations by either the company/such parties or law enforcement authorities.

7.7 However, we cannot and do not undertake to review all material before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

8. LIMITATION OF OBLIGATION

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL OR INCONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING ITS MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ‘HEALTHENGINE.MU’ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, YOU ARE SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES AND/OR MATERIALS. THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND COMPANY MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.

9. INTELLECTUAL PROPERTY

‘Healthengine.mu’ will protect the licensed innovation rights regarding our Website, incorporating copyright in the Content (counting copyright in content, representation, logos, symbols, pictures, sound clasps, computerized downloads, information, and programming).  

Except as set out underneath, you may not duplicate, alter, distribute, transmit, exchange or offer, repeat, make subordinate works from, disperse, perform, show, or in any capacity misuse any of the Content, in entire or to some extent. You may not utilize our name or logos or trademarks or some other Content on any site of yours or that of whatever other individual. Subject to alternate terms of this understanding, you might download or duplicate Content just for your very own utilization, gave that you keep up all copyright and different notification contained in it. You may not store electronically any noteworthy part of any Content. 

10. PROHIBITED USE

Any notice provided for or concerning these terms shall be in writing and shall be deemed sufficiently given when sent by emailing us at [email protected].

11. TERMINATION POLICY

A User's access to the Website will be terminated if, under appropriate conditions, the User is determined to infringe repeatedly. 

11.1The Website reserves the right to decide whether Content or if a User's Submission is appropriate and c omplies with these Terms and Conditions in regards to violations other than copyright infringement or privacy law, such as, but not limited to, hate crimes, pornography, obscene or defamatory material, or excessive length.

11.2 Website may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms and Conditions at any time, without prior notice and at its sole discretion.

12. NON-WAIVER

The failure or delay of ‘Healthengine.mu’ to exercise or enforce any right in these terms does not waive their right to enforce that right.

13. NON-DISCLOSURE

‘Healthengine.mu’ agrees to use its best efforts to prevent and protect the Confidential Information, or any part thereof, from disclosure to any person. ‘Healthengine.mu’, doctors and Client agrees to take all steps reasonably necessary to protect the secrecy of the Confidential Information, and to prevent the Confidential Information from falling into the public domain or into the possession of unauthorized persons.

14. MANDATORY ARBITRATION

Any dispute regarding the services shall be required to be resolved by binding arbitration of the parties hereto.  If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third.  The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the Mauritius Arbitration Association then in force and effect.