MDForLives is a platform instituted by Borderless Access Pvt. Ltd., the defining provider of online panel services, through the website www.MDforLives.com and/or the MDForLives application. This website is maintained by Borderless Access Pvt. Ltd.
This Terms & Conditions applies to all participants of MDForLives website, the app MDForLives.
About App: MDForLives App is provided by Borderless Access Pvt. Ltd.
By participating in MDForLives you undertake to abide and agree to be bound by the privacy policy of the company and these general user conditions set by Borderless Access Pvt. Ltd., which it shall be free to modify at any time without informing you of such changes. Consequently, it is recommended that you refer to the latest version of the Terms & Conditions regularly, which are available on the site at all times.
Without exception, when joining this Service by clicking on the tick box at registration, you agree to accept these general conditions beforehand, the purpose of which is to define the terms under which you benefit from the Service.
You are joining the Service and your active participation in our site is subject to adhering to these general conditions.
IF YOU OBJECT TO ANY OF THE TERMS AND CONDITIONS OR ANY SUBSEQUENT MODIFICATIONS THERETO, YOUR ONLY RECOURSE IS TO IMMEDIATELY DISCONTINUE PARTICIPATION IN THE MDFORLIVES AND TO TERMINATE YOUR MEMBERSHIP.
Borderless Access Pvt. Ltd reserves the right to modify or discontinue MDForLives program with or without notice to you.
PLEASE NOTE: By downloading ‘MDForLives, and on your further agreement for sharing the data for research purpose a metering software gets downloaded and you accept the terms and conditions stated in a legally binding manner.
1. Use of this Website and the Contract between Us
1.1
In this Agreement the terms “you” and “the member” mean the individual completing the registration process to become a member of MDForLives program.
1.2 You agree to only use this website and the App, in accordance with this Agreement and all applicable laws.
1.3 The offer by Borderless Access Pvt. Ltd. to take part in surveys and research sent by MDForLives and your acceptance of that offer by providing the information that we request, brings into existence a legally binding contract between us which shall be governed by the terms and conditions mentioned herein under and any supplemental policies which Borderless Access has in place.
1.4 Once you have submitted your answers to our joining questionnaire, you become a member of MDForLives program.
1.5 This Agreement is a contract for the provision of services and nothing in this Agreement shall create or be deemed to create a legal partnership or the relationship of agent and principal or the relationship of employer and employee between you and the Company.
2. Payments
Borderless Access Pvt. Ltd shall in its sole discretion decide the nature, size, method of all honoraria and incentive payments to be made to the panellists willing to participate in the surveys. 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
All amounts to be paid to you shall be made within a time frame of 30 working days via Paytm if you are located in India and PayPal if you are residing in the USA.
3. Obligations of MDForLives
3.1 MDForLives shall consider your eligibility to take part in each of its surveys
3.2 There is no obligation on MDForLives to select any panel member to answer survey questions. The members requested to take part in surveys depends on the requirements of the clients of MDForLives and the random selection of those requested to take part from those that are eligible.
3.3 MDForLives may sometimes contact you to ask you some short questions to see if you fit into a particular category. In such cases, MDForLives shall not offer any payment for the answering of such questions.
4. Obligations of the member
The Member warrants:
4.1 That they are 20 years old or over.
4.2 That they are not corporations or other business entities as they are not eligible to become members.
4.3 That they are legal residents of Argentina, Australia, Brazil, Chile, China, Colombia, India, Indonesia, KSA, Mexico, New Zealand, Nigeria, Philippines, Poland, Russia, Singapore, South Africa, South Korea, Taiwan, Thailand, Turkey, UAE and USA.
4.4 That they shall not register with MDForLives more than once.
4.5 That they will not attempt to answer a survey more than once, either by using more than one name or more than one email address to enter into a survey.
4.6 They will be honest in their approach to the research, for example they will not provide confusing or meaningless answers, randomly select answer options without reading the questions etc.
4.7 Borderless Access Pvt. Ltd has no obligation in respect of any tax due on the reward given to a member and the member shall be responsible for declaring any income received from Borderless Access Pvt. Ltd under this Agreement.
4.8 The member is obliged to claim payment from MDForLives via the procedures set out on the website.
5. Disclaimer
You understand and agree that the Materials available while participating in the survey and in MDForLives in general 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. Borderless Access Pvt. Ltd 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 Borderless Access Pvt. Ltd is not responsible or liable for any claim, loss, or damage arising from the use of the information. Borderless Access Pvt. Ltd 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.
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 Borderless Access Pvt. Ltd, Borderless Access Pvt. Ltd 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 our 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 BORDERLESS ACCESS PANLES PVT. LTD.) THAT IN OUR SOLE DISCRETION VIOLATES THE ABOVE.
6. Termination
6.1 Borderless Access Pvt. Ltd may terminate this Agreement and your membership of MDForLives:
6.1.1 Immediately on written notice if you are in breach of this Agreement.
6.1.2
At any time by giving you 30 days’ notice by email.
6.1.3 If you fail to take part in surveys in any twelve month period.
6.2 You can terminate this Agreement at any time by unsubscribing from MDForLives. This can be done by email. The termination will take effect seven business days after the receipt of your notice. MDForLives contact details are available on the website.
6.3 We may terminate this Agreement and your right to use meter, or may modify the terms of this Agreement, at any time without notice or cause. Upon termination you must de-install and destroy all copies of the Software.
7. Intellectual Property Rights
7.1 All copyright and other intellectual property rights in the materials on this website are owned by Borderless Access Pvt. Ltd unless otherwise indicated. You may download, print or copy any material from this website that you wish, provided it is for your own personal, non-commercial use and you keep in place all original copyright notices or other intellectual property notices.
7.2 Subject to Clause 6.1 above, you may not copy, modify, alter, distribute, publish, sell or otherwise use any material on this website in whole or in part, unless you have obtained the prior written consent of Borderless Access Pvt. Ltd.
7.3 For re-sale or any other purpose what so ever, you shall not copy, redistribute, sell, decompile, reverse engineer, or disassemble MDForLives app including any modified or customized versions.
8. Limitations on Liability
8.1 Borderless Access Pvt. Ltd shall not be liable to you or to any other person or entity in any way, whether arising under contract, tort (including negligence) or otherwise, for damages of any kind arising from the use of this website, the App, including, but not limited to, direct, indirect, incidental, punitive or consequential damages, lost revenue or profits, lost or damaged data or other commercial or economic loss, that result from your use of, or inability to use, this website.
8.2 If this limitation of liability provision shall be deemed unenforceable, either in whole or in part, then such parts as are unenforceable shall be deleted, the remaining parts shall remain in full force and effect and the liability of Borderless Access Pvt. Ltd shall be limited to the greatest extent permitted by law.
8.3
Nothing in this Agreement shall exclude or limit the liability of Borderless Access Pvt. Ltd for:
8.3.1 Death or personal injury arising from its negligence; or
8.3.2 Liability arising from fraud.
9. Disclaimer of Warranty
9.1 Separate terms and conditions may apply to certain products, services and materials available through this website. If this is the case this will be brought to your attention. Subject to this, no express or implied warranties of any kind are made in respect of this website or the products, services and materials available through it.
9.2 Borderless Access Pvt. Ltd does not warrant that this website and the App will operate uninterrupted or error/virus free or that the information on this website is accurate or complete.
9.3 By using this site you acknowledge and agree that Borderless Access and its subsidiary companies shall not in any way be liable for inconsistencies involved in functioning of the website.
9.4 The website and App in combine or individually is inherently complex and may not be completely free of errors; you must take regular backup and maintain copies of your data.
10. Data Protection
Any personal information you submit to MDForLives will be dealt with in accordance with our Privacy Policy.
11. Changes to the Terms of Use Policy
From time to time we may add new features to the website and enhance the level of service that we offer to you. This may lead to changes in this Agreement. Any such changes will be notified to you by us updating this Agreement and your subsequent use of this website will be deemed to signify your acceptance to the changes.
12 Entire Agreement
12.1 This Agreement supersedes all prior agreements, arrangements and understandings between the parties and constitutes the entire agreement between the parties relating to the subject matter hereof (save that neither party seeks to exclude liability for any fraudulent pre-contractual misrepresentation upon which the other party can be shown to have relied).
12.2 13.2 The Terms and Conditions hereby are for informative purposes only, in case of any issue or dispute, only the original Terms and Conditions in English shall prevail and be considered valid and binding.
13. Jurisdictions and Law
The parties irrevocably agree that the courts in India shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with this Agreement or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of the Indian courts.
This Agreement was last updated on 1st September, 2019.