Terms and conditions

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Date of Last Revision: September 8, 2018

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING OUR WEBSITES OR PRODUCT OR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ALL TERMS INCORPORATED BY REFERENCE. DO NOT USE OUR WEBSITES OR ONLINE SERVICES IF YOU DO NOT AGREE TO ALL OF THESE TERMS.

These Terms of Use ("Terms") apply exclusively to your access to, and use of www.myacare.com (the "Website"), owned and operated by Mya Care (Mya) a Limited Liability company with registered office at 4th Floor, Harbour Place, 103 South Church Street, P.O. Box 10240, Grand Cayman KY1-1002, Cayman Islands (referred to as ‘The Company’ hereinafter). Please note that we offer the Services “AS IS” and without warranties. If you are using the website or product on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity's behalf and that such entity agrees to indemnify you and us for its violations of these Terms.

The Company reserves the right to change or modify these Terms at any time and in our sole discretion. If the company makes changes to these Terms, we will provide you with notice of such changes, such as by sending an email, posting a notice on our Website or updating the date at the top of these Terms. Your continued use of the Website or product will confirm your acceptance of the revised Terms. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your use of the website and services. If you do not agree to the amended Terms, you must stop using the website and services.

Please keep in mind that this document is a legally binding agreement between you as the user of the Site (referred to as “you”, “your” or “User” hereinafter) and the Company.  The User’s Parent or guardian must give consent to this agreement if the user is under the age of giving valid consent under the applicable laws.

Definitions and Interpretation

  • “Care Provider” means healthcare provider, hospital, clinic, doctor, care giver, rehabilitation/physiotherapy center, wellness center, spas center or diagnostic center.  The term “Care Provider” shall also include an administrator of a Care Provider’s account.
  • “Content” means content, text, data, graphics, images, photographs, video, audio, information, suggestions, guidance, and other materials provided, made available or otherwise found through the Services and/or Site, including, without limitation, Content provided in direct response to your questions or postings.
  • “Customer” shall refer to those Users of the website and/or persons who directly/indirectly approach Mya seeking information on Care Providers for Healthcare Services.  Unless expressly specified otherwise, reference to a Customer shall also deem to include reference to the relatives/guardian or any third party of a Customer who applies on behalf of the Customer.
  • “Healthcare Services” shall refer to the healthcare, medicinal, surgical, therapeutic or other services to be provided by Care Provider.
  • "Intellectual Property Rights" means copyrights, trademarks, service marks, trade dress, publicity rights, database rights, patent rights, and other intellectual property rights or proprietary rights recognized by law.
  • “Rates” shall refer to the charges by the Care Provider to the Customer for the Healthcare Services.
  • “Services” may either refer to the services as provided by Mya Care or services which may be rendered by a Third-Party, as the case may be.
  • “User” refers to any user accessing and using the Website.
  • "User Data" means any data that you upload or submit to the Servers, Website, or other areas of the Service, including but not limited to Health Information.
  • "Website" means the websites and services available from the domain and sub-domains of www.myacare.com and any related or successor domains from which the company may offer Services.

About Mya Care

Mya Care (Mya) manages www.myacare.com which is a platform designed to assist Customer to find details about Care Providers.  Customers can also use the Website to submit inquiries to the Care Providers. Mya also enables Customers to apply for loans through various banks or financial institutions for Healthcare Services at Care Providers.

You acknowledge that although some Content may be provided by healthcare professionals, the provision of such Content does not create a medical professional/patient relationship, and does not constitute an opinion, medical advice, or diagnosis or treatment, but is provided to assist you in choosing a Care Provider.

WHILE WE MAKE REASONABLE EFFORTS TO PROVIDE YOU WITH ACCURATE CONTENT, WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK, PRICE OR COST INFORMATION, INSURANCE COVERAGE OR BENEFIT INFORMATION, OR ANY OTHER CONTENT AVAILABLE THROUGH THE SERVICES. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON ANY SUCH CONTENT. FURTHERMORE, WE DO NOT IN ANY WAY ENDORSE OR RECOMMEND ANY INDIVIDUAL OR ENTITY LISTED OR ACCESSIBLE THROUGH THE SERVICES.

1. Establishing an Account

You must establish an Account with Mya Care to use the Service. Only one person may use an Account. You acknowledge that your account is personal to you and you are expected to treat your account as confidential. You agree to provide accurate, current and complete information about yourself as prompted by the registration form. By establishing an account with Mya Care you represent that you are at least 13 years of age, or the legal age of majority where you reside if that jurisdiction has an older age of majority, and you have the legal authority to enter into this Agreement.

2. Trademarks and Copyright

The trademarks, logos and service marks ("Marks") displayed on the Site are the property of Mya Care and other associated parties and service providers. Users are prohibited from using any Marks for any purpose without the written permission of Mya Care or such third party which may own the Marks. All information and content including any software programs available on or through the Site ("Content") is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes.

You further acknowledge that the Services may contain information which is designated confidential by Mya and that you shall not disclose such information without Mya’s prior written consent.

3. Accessing the Website and Account Security

Mya Care is dedicated to ensuring the accessibility, integrity and security of Personal, Financial, and Protected Health Information (collectively, “User Data”). You are responsible for ensuring that all persons to whom you give access to any of Mya Care’s Products and Services, including your account, are aware of the Terms of Use, have the opportunity to review, accept and comply with the Terms of Use.

When you select your password, and/or any other piece of information as part of our security procedures, you are expected to treat such information as confidential. You agree to accept responsibility for all activities that occur under your e-mail and password. You agree to notify us immediately of any unauthorized access to, use or disclosure of your e-mail, password, or any other security violation or breach.

We have the right to disable any e-mail, password, or other identifier at any time in our sole discretion if, in our opinion, you have violated any provision of this Terms of Use (including our Privacy Policy)

We reserve the right to withdraw or amend the Website or any of Mya Care’s Products and Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period.

4. Usage of the Website and proprietary materials

The Company grants you a personal, limited, non-exclusive license to use the Website and services for your non-commercial use. To the fullest extent permitted by applicable law, this license granted to use is non-transferable. You may not copy (except as expressly permitted by this license and any other applicable terms, conditions, or usage rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the website or the content therein.

The Website is intended for your personal and non-commercial use only. You hereby agree to register to become a member of the Website only if you are of sufficient legal age and can enter into binding contracts. You are responsible for maintaining the secrecy of your passwords, login name/user-id and account information at all times and you shall be personally responsible for any and all use of the Website by you and anyone using your login information and password whether with or without your permission. Users hereby agree and warrant to:

  • Be accurate (where they state facts);
  • Be genuine when stating opinions, the User should be constructive and polite, and not have the intention to cause trouble or “troll” other Users;
  • Comply with any applicable laws in the country from which they are posting or using the Website.
  • Make all contributions in English as this will be the language of moderation for the Website.

5. Blogs and Discussion Forum

When using the Website (including the Blogs and Discussion Forum):

  • Users may link to specific URLs (web site addresses) in contributions where these provide relevant and appropriate background reading or information. However, Users must not link to advertising or sites that might cause offense to other users of the Website. Please note that any post containing a URL will be subject to review and moderation as needed;
  • You represent that any contribution you make to the Blogs or Discussion Forums will comply with the standards set out above, and you will be liable to us and be responsible for any loss or damage we suffer as a result of your breach of this representation.
  • For your safety we advise that you never reveal any personal information about yourself or anyone else on the Blogs or Discussion Forums (for example: full name, telephone number, home address or email address).
  • While the administrators and moderators of the Blogs or Discussion Forums will attempt to remove or edit any generally objectionable material as quickly as practicable, it is not possible for us to review every message. Therefore you acknowledge that all posts made to the Blogs or Discussion Forums express the views and opinions of the author. The views expressed by other Users on our Website do not (necessarily) represent our views or values.

6. Reviews, Feedback and Testimonials

Mya may ask Customers to provide reviews, feedback, or testimonials, hereinafter referred to as “Feedback” for Care Providers, the Feedback should not be intentionally damaging, offensive or malicious.  The Feedback may be used for internal purposes but could also be used publicly on the Website.  Mya will not entertain any false Feedback; further Care Providers are not permitted to encourage associates or staff to provide Feedback.

Mya cannot entertain claims about the accuracy or effectiveness of a Care Provider’s Healthcare Services, treatment or diagnosis.  Healthcare Services, Treatment and Diagnosis are considered factual matters which need medical studies to be verified.  Further any allegations of medical negligence or criminal activity should be reported to the appropriate authorities.

The Feedback must pertain to the Healthcare Services the Customer had at the Care Provider in question and should come directly from the Customer who availed the Healthcare Service themselves and not on behalf of someone else.   The Customer is responsible to ensure the Feedback is accurate and not misleading or providing false information which could have legal ramifications.

The Feedback should not include any contact information within the review and should not mention and staff members by name.

The User agrees to the long-term storage and publishing of his or her ratings/ opinions / feedback / information made in the forums, irrespective of a termination of registration with Mya.

7. Submitted Content

Mya care does not claim ownership of any materials you make available through the Site. At Mya care's sole discretion, such materials may be included in the Service in whole or in part or in a modified form. With respect to such materials you submit or make available for inclusion on the Site, you grant Mya care a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials (as well as use the name that you submit in connection with such submitted content). You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant the license. We take no responsibility and assume no liability for any submitted content posted or submitted by you. We have no obligation to post your comments; we reserve the right in our absolute discretion to determine which comments are published on the Site. If you do not agree to these terms and conditions, please do not provide us with any submitted content. You agree that you are fully responsible for the content you submit. You are prohibited from posting or transmitting to or from this Site: (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Site.

The Customer is solely responsible for User Data provided on the Website and this is provided at the Customer’s own risk.  Mya disclaims any liability, responsibility for any User Data provided by the User.

8. Restricted Uses

You agree not to use the Services or website in any unlawful, infringing, tortuous or harmful manner; in any way that violates another party's intellectual property, privacy or other rights; or in any way that otherwise interferes with the operation, use or enjoyment of any service, system or other property.

Without limiting any of the foregoing, you agree that you shall not (and you agree not to allow any third party to):

  • to make any fraudulent applications;
  • for any purpose that is unlawful, illegal or forbidden by law or to promote or advocate any illegal activity including but not limited to copyright infringement or computer misuse;
  • to remove any copyright and other proprietary notices contained in any content on the Website;
  • to conduct any activity that is harmful or detrimental to the Website as solely determined by Mya;
  • to post any information, images or content that is obscene, sexually explicit or contains nudity, indecent, defamatory, hateful or intolerant in nature or in violation of the laws of any jurisdiction;
  • to upload any material that is harmful to any User's computers or objectionable to our community as a whole;
  • to falsely represent yourself as another person or as a representative of a business or entity that you do not actually represent or give the impression that posts come from a healthcare professional, if that is not the case;
  • to falsely represent your professional or business credentials or professional background;
  • to change the content in any capacity or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose;
  • to transfer the content to any other person unless you give such person notice of, and such person agrees to accept, the obligations arising under these Terms;
  • to copy, modify, create a derivative work from, decompile, reverse engineer, or otherwise attempt to discover any source code, sell, assign, sub-license or otherwise transfer any right in the Services;
  • to use any intellectual property of Mya without prior written permission of Mya or to Infringe any copyright, trade mark or data base right, any other proprietary rights of any other person or User;
  • to use any automated scripts or “robots” to access, copy, or manipulate any content provided on this site;
  • to engage in denial of service attacks upon the servers that publish this Site;
  • to harass or Cyber stalk any User, threaten, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
  • to promote or incite any violence;
  • to promote or provoke any discrimination (including but not limited to that which is based on race, sex, religion, nationality, disability, sexual orientation or age);
  • to breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
  • Register more than one account or create any alternative accounts;
  • Engage in any activity that in our opinion could be harmful to the health or wellbeing of another user or which raises any clinical safety concerns;
  • Spam any of the discussions, leave repetitive comments; and
  • Advertise or promote products or services on the Website or use the site for any commercial purpose.

Customer also agree not to

  • Access or retrieve any Content or portion of the Site and/or the Services for purposes of constructing or populating a searchable database of reviews or other Content related to the healthcare industry or Care Providers;
  • Fraudulently or intentionally misuse the Services, including without limitation scheduling an appointment with a Care Provider which you do not intend to keep, or scheduling an appointment for Designated Provider Services which you do not intend to pay using the Transaction Processing Services; and
  • Create user accounts, book appointments or submit Posted Information by automated means or under false or fraudulent pretenses.
     

9. Suspension and termination of Account or access to Website/Services

Mya will determine, at its discretion, whether there has been a breach of the Terms & Conditions through your use of the Website.  In our view, when a breach of these terms has taken place, then we may take such action as we deem appropriate, which may include any or all of the following actions:

  • Temporary suspension or permanent withdrawal of your right to use the Website.
  • Temporary or permanent removal of any posting or material uploaded by you to our Website.
  • Issuing a warning to you.
  • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
  • Further legal action against you.
  • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are examples, and we may take such other actions as we may reasonably deem appropriate.

10. Representations by the User

The User hereby agrees and warrants the following:

  • Mya Care is a Platform- Mya will not refer or suggest Customers to any specific Care Provider but will provide information about the Care Providers such as locations, accreditations, number of beds, specializations etc.  The information presented on the Website is provided by the Care Providers and the Website does not constitute and should not be considered as an endorsement or recommendation of the quality, qualifications or service level of any Care Provider.  Mya does not provide any Healthcare Services of any nature; please consult with your healthcare professional before pursuing any form of Healthcare Services.

    Mya enables Customers to search for Care Providers and facilitates communication between the Care Provider(s) and the Customers to get information and obtain a quote from Care Providers.Each Customer should use the resources and facilities available to conduct their own research and comprehensive due diligence of any Care Provider, healthcare service, or any other medial professional, medical facility, or health service prior to availing Healthcare Services. If the Customer elects to proceed for Healthcare Services from a Care Provider, Mya does not assume any responsibility, obligations or liabilities by the Customer undergoing the Healthcare Services from the Care Provider.

    The cost of Healthcare Services is between the Customer and the Care Provider. Mya’s scope is to facilitate Customers to get information and contact Care Providers. Mya cannot be held liable for quotations given to the Customer(s). The price quoted to the patient is only for a Healthcare Service including the number of days of stay in ICU/ Room and anything apart and extra from that can be charged extra by the Care Provider for which the Customer has to pay.The rates quoted by the Care Providers to the Customers are indicative estimates only and may vary from the actual cost depending on the actual condition of the patient and treatment required charges may further vary due to other factors including but not limited to Overstay or complications not mentioned in the quoted price.

    The Website may show you sponsored results on the Site, including at the top of search results (“Sponsored Results”). Mya receives additional fees from Care Providers or healthcare organizations for providing Sponsored Results. Sponsored Results shown through the Website are not, and should not be considered, an endorsement or recommendation by Mya of the Care Provider.
     
  • Mya Care does not provide medical advice- The Content that you obtain or receive from Mya Care, its employees, contractors, partners, sponsors, advertisers, licensors or otherwise through the Services, is for informational, scheduling and payment purposes only. All medically related information, including, without limitation, information shared via the blog and discussion forum comes from independent healthcare professionals and organizations and is for informational purposes only.

    WHILE WE HOPE THE CONTENT IS USEFUL IN YOUR HEALTHCARE JOURNEY, IT IS NOT INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL ADVICE FROM A QUALIFIED HEALTHCARE PROVIDER, UNDER ANY CIRCUMSTANCE. DO NOT USE THE HEALTHCARE SERVICES FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, IMMEDIATELY CALL A HEALTHCARE PROFESSIONAL OR A NUMBER FOR EMERGENCY SERVICES IN YOUR JURISDICTION. YOUR USE OF THE CONTENT IS SOLELY AT YOUR OWN RISK. NOTHING STATED OR POSTED ON THE SITE OR AVAILABLE THROUGH ANY SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE, DENTISTRY, NURSING, OR OTHER PROFESSIONAL HEALTHCARE ADVICE, OR THE PROVISION OF MEDICAL CARE.
     
  • No Doctor-Patient Relationship- Doctors, dentists, nurses, and other medical professionals use the services to share content with you, but your use of this content is not a substitute for healthcare. No licensed medical professional/patient relationship is created when you use the services or content.
     
  • The Content is for informational and Educational Purposes- The Services are an informational and educational resource for customer and Care Providers. We may, but have no obligation to, publish Content through the Services that is reviewed by our editorial personnel. No party involved in the preparation or publication of such works guarantee that the Content is timely, accurate or complete, and they will not be responsible or liable for any errors or omissions in, or for the results obtained from the use of, such Content.

    Any insurance and insurance related Information (including, without limitation, insurance coverage and benefit Content) is provided for general reference purposes (“Insurance Information”). Such Insurance Information is based on Personal Information you provide. The Insurance Information is provided either directly by the insurance provider you identify or via a third-party. It is the Customer’s responsibility to work with the Insurance Provider or Third Party to avail Insurance coverage.Mya will not be responsible for any inaccurate, incomplete or outdated Insurance Information or purchased Insurance Coverage, regardless of the reason.

11. Links to Third Parties

As a matter of convenience to you, Mya may provide links to various third party websites on the Website. If you use any of these external websites, you may be directed/redirected to such external website and may leave the Website. If you decide to visit any such external link, you agree to do so at your own risk, responsibility and liability. Mya makes no warranty or representation regarding, and does not endorse, any website linked to the Website or the information appearing thereon or any of the products or services described thereon. Mya does not endorse or represent any service Care Provider listed on the Website. Please carefully review the terms of service and privacy policies of all such sites prior to usage.

12. Our Partners

Mya may partner with various third parties for the provision of Healthcare Services and other Services including but not limited to Care Provider, flight booking companies, hotel booking companies, wellness/spa booking companies, car rental, online pharmacies, insurance, gifting, florists, money exchange, financial institutions and banks.

Please carefully review the terms of service and privacy policies of all such sites prior to usage. You assume the risk of any usage of such third party sites. Mya will not directly provide the Travel Service, Mya enables the Customer in booking the respective Travel Service carried with the Travel Service Provider.  Any purchase made by the Customer for Travel Services will be concluded directly with the Travel Service Provider.  Any queries or claims regarding the Travel Service(s) should be addressed directly towards the Travel Service Provider.  The list of the Travel Services Providers on the website does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level or qualification of any Travel Service Provider.  By making a booking with a Travel Service Provider the Customer accepts and agrees to the relevant terms and conditions of the Travel Service Provider (with respect to, the Travel Service Provider’s cancellation and refund policies).

Any display of third party services offered through the Website does not in any way imply, suggest, or constitute any reputation, sponsorship or approval of Mya by any such third parties. Mya's display of specific options does not suggest any recommendation or endorsement by Mya of the third party services. You agree that Mya is in no way responsible for the accuracy, timeliness or completeness of information it may obtain from these third parties and which may be posted on the Website and as may be amended from time to time. Your interaction with any third party accessed through the Website is at your own risk, and Mya will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any such third parties or for any personal injuries, death, property damage, or other damages or expenses resulting from your interactions with such third parties or availing any services from such third parties.

13. Warranty Disclaimer

The Website and Services provided on the Website are provided on an "AS IS" and "AS AVAILABLE" basis. Mya expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and security and accuracy, as well as all warranties arising by usage of trade, course of dealing, or course of performance.

Mya makes no warranty, and expressly disclaims any obligation, that: (a) the Website content will be up-to-date, complete, comprehensive, accurate or applicable to your circumstances; (b) the Website will meet your requirements or will be available on an uninterrupted, timely, secure, or error-free basis; (c) the results that may be obtained from the use of the Website or Services offered through the Website will be accurate or reliable; or (d) the quality of any products, services, information, or other material obtained by you through the Website will meet your expectations.

The Website content may contain inaccuracies and typographical errors. Mya does not warrant the accuracy or completeness of any such content or the reliability of any advice, opinion, advertisement, statement, memorandum or other information displayed or distributed through the Website. You acknowledge that any reliance on any such opinion, advice, statement, memorandum or information shall be at your sole risk. Mya does not endorse or represent any partner or service provider listed on this Website.

Please use common sense when viewing any claims made by any third party that may be published on the Website or that you may learn indirectly via our site and verify all claims with your own independent health care provider. We are not responsible for the claims of any advertisements that appear on our site.

Mya makes no representation that the usage of this site, or the content provided herein, will not violate the laws of your local jurisdiction. You are responsible for the laws of your jurisdiction.  Do not use this site if such usage violates the law of the jurisdiction in which you reside.

You agree to assume all responsibility regarding whatever decision you make about obtaining Medical Healthcare Service and you agree to hold us harmless from any claims arising from Healthcare Services you receive from any Care Providers regardless of your location when you receive such a consultation.

14. Limitation of Liability

MYA (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AFFILIATES, PARTNERS AND PROVIDERS) WILL NOT BE RESPONSIBLE OR LIABLE FOR (A) ANY INJURY, DEATH, LOSS, CLAIM, ACT OF GOD, ACCIDENT, DELAY, OR ANY DIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, THAT ARISE OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY FAILURE OR DELAY (INCLUDING WITHOUT LIMITATION THE USE OF OR INABILITY TO USE ANY COMPONENT OF THE WEBSITE), OR (II) ANY USE OF THE WEBSITE OR CONTENT, OR (III) THE PERFORMANCE OR NON PERFORMANCE BY US OR ANY PARTNER OR SERVICE PROVIDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY, OR (B) ANY DAMAGES TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS THE RESULT OF YOUR ACCESS TO THE WEBSITE OR YOUR DOWNLOADING OF ANY CONTENT FROM THE WEBSITE.


Mya cannot be made liable or responsible for any delay, default, failure, improper services / deficiency in service(s) provided by the Care Provider and / or for any injury, sickness, accident, discomfort, death, loss or damage of any kind whatsoever which may arise due to any act of negligence, deficiency or default in service, of the management or employees of the Care Provider.


15. Indemnity

The User hereby agrees to defend, indemnify and hold harmless Mya Care (and each of our officers, directors, members, employees, agents and affiliates) from any claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys’ fees, arising out or relating to (a) your use of, or conduct in connection with, our Services; (b) any Feedback you provide; (c) your violation of these Terms; or (d) your violation of any rights of any other person or entity. If you are obligated to indemnify us, we will have the right, in our sole discretion, to control any action or proceeding (at our expense) and determine whether we wish to settle it.

16. Additional Terms and Conditions

  • You may not assign or otherwise transfer your rights or obligations under these Terms. Mya may assign its rights and duties under these Terms without any such assignment being considered a change to the Terms and without any notice to you. If we fail to act on your breach or anyone else's breach on any occasion, we are not waiving our right to act with respect to future or similar breaches.
     
  • Usage of the Website following the posting of notice of any modification will be subject the Terms in effect at the time of your usage. If you object to these Terms or any subsequent modifications to these Terms or become dissatisfied with the Website in any way, your only recourse is to immediately terminate use of the Website and/or the Services.
     
  • Other terms and conditions may apply to the Services availed by you from or through the Website. In such a scenario you will observe these other terms and conditions as may be applicable without any liability upon Mya.
     
  • If any of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that Term will be enforced to the fullest extent permitted by applicable law and the other Terms will continue to remain valid and enforceable.
     
  • These Terms, together with those agreements and policies made a part of these Terms by reference, make up the entire agreement between Mya and you relating to your use of the Website, and replace any prior understandings or agreements (whether oral or written) regarding your use of the Website.
     
  • The failure of any party to enforce at any time any of the provisions of this agreement shall not be construed to be a waiver of the right of such party thereafter to enforce any such provisions.
     
  • The laws of England and Wales, without regard to its conflict of laws rules, will govern these Terms, as well as your and our observance of them. If you take any legal action relating to your use of the Website or these Terms, you agree to file such action only in the Courts of England and Wales. In any such action or any action, we may initiate, the prevailing party will be entitled to recover all legal expenses incurred in connection with the legal action, including but not limited to costs, both taxable and non-taxable, and reasonable attorney fees.
     
  • Mya is entitled to use the information, inquiries and communications (e.g. to and with Care Providers) provided by the User or contributions made by the User in forums et cetera for Mya’s business provided that this use shall comply with the applicable data protection regulations.
     
  • You acknowledge that you have read and have understood these Terms, and that these Terms have the same force and effect as a signed agreement.

17. Copyright Notice

The Company respects the intellectual property rights of others and expects the users of its services to do the same. If you believe that any content appearing in the Product has been copied in a way that constitutes copyright infringement, please forward the following information to the Company.

To file a copyright infringement notice, you will need to send a written communication that includes the following to the address listed below:

  • Your name, address, telephone number, and email address;
  • A description of the copyrighted work that you claim has been infringed;
  • The exact URL or a description of where the alleged infringing material is located;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
  • A statement by you, under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

18. Severability

If any clause, sentence, paragraph or part of this agreement, or the application thereof to any person, shall for any reason be adjudged by a court of competent jurisdiction to be invalid, such judgment shall be limited and confined in its operation to the clause, sentence, paragraph or part thereof directly involved in the controversy and remainder of this agreement will continue in full force or effect.

19. Governing Law

The Terms and Conditions have been construed in accordance with and shall be governed by the Law prevalent in the courts of England and Wales.

20. Headings

Headings and titles in this agreement are for reference purposes only and do not constitute part of this agreement and are of no legal force and effect.

21. Force Majeure

Mya shall not be liable for any delay or failure in performance due to Force Majeure, which shall mean acts of God, earthquake, labor disputes, changes in law, regulation or government policy, riots, war, fire, flood, insurrection, sabotage, embargo, epidemics, acts or omissions of vendors or suppliers, transportation difficulties, unavailability of interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed.Mya is not responsible for server downtime under any circumstances.

22. Privacy Policy

By using the Website, you consent to the use of your information as stated in our Privacy Policy, Please revisit this Privacy policy on a regular basis.