- This agreement is applicable to all type of users of Xiom Healthcare LLC (USA entity) and Xiom Health Pvt. Ltd, India
entity globally. - This agreement is applicable for website, Product (Health Imagined), and Patient mobile application.
Agreement between User and www.xiomhealthcare.com
Welcome to www.xiomhealthcare.com. The www.xiomhealthcare.com website or www.xiomhealth.com (the “Sites”) is
comprised of various web pages operated by Xiom Healthcare LLC (“Xiom Healthcare LLC”). www.xiomhealthcare.com is
offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the
“Terms”). Your use of www.xiomhealthcare.com constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference.
www.xiomhealthcare.com or www.xiomhealth.com is an E-Commerce Site.
This website will be used to provide company and partners information, selling yearly and monthly subscription to use healthcare
application, services and buy application supporting products. This application will allow customer to resister for the use of
application and make payment(s) online.
Privacy
Your use of www.xiomhealthcare.com is subject to Xiom Healthcare LLC’s Privacy Policy. Please review our Privacy Policy,
which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting www.xiomhealthcare.com or sending emails to Xiom Healthcare LLC constitutes electronic communications. You
consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications
that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in
writing.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting
access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You
may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Xiom Healthcare LLC is
not responsible for third party access to your account that results from theft of your personal information or misappropriation of
your account. Xiom Healthcare LLC and its associates reserve the right to refuse or cancel service, terminate accounts, or remove
or edit content in our sole discretion.
Children Under Eighteen OR whatever legal minimum age is applicable in user’s country.
Xiom Healthcare LLC does not knowingly collect, either online or offline, personal information from persons under the age of
eighteen. If you are under 18, or whatever applicable legal age in your country, you may use www.xiomhealthcare.com only with
permission of a parent or guardian.
Cancellation/Refund Policy (For Doctors)
User can cancel its account anytime on monthly subscription, NOT on yearly and/or per patient model subscription. Cancellation
will be applied from 1st of next month. NO refund will be provided on any cancellation request, in monthly subscription, and
account will only be considered cancelled/settled once user will return Xiom Healthcare property, if applicable and get NOC.
Links to Third Party Sites/Third Party Services
www.xiomhealthcare.com may contain links and data from other partner sites (“Linked Sites”). The Linked Sites are not under
the control of Xiom Healthcare LLC and Xiom Healthcare LLC is not responsible for the contents of any Linked Site, including
without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Xiom Healthcare LLC is
providing these links to you only as a convenience, and the inclusion of any link and data does not imply endorsement by Xiom
Healthcare LLC of the site or any association with its operators.
Certain services made available via www.xiomhealthcare.com are delivered by third party sites and organizations. By using any
product, service or functionality originating from the www.xiomhealthcare.com domain, you hereby acknowledge and consent
that Xiom Healthcare LLC may share such information and data with any third party with whom Xiom Healthcare LLC has a
contractual relationship to provide the requested product, service or functionality on behalf of www.xiomhealthcare.com users
and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use www.xiomhealthcare.com strictly in
accordance with these terms of use. As a condition of your use of the Site, you warrant to Xiom Healthcare LLC that you will not
use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could
damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not
obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for
through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any
software used on the Site, is the property of Xiom Healthcare LLC or its suppliers and protected by copyright and other laws that
protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices,
legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way
exploit any of the content, in whole or in part, found on the Site. Xiom Healthcare LLC content is not for resale. Your use of the
Site does not entitle you to make any unauthorized use of any protected content, and you will not delete or alter any proprietary
rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use
of the content without the express written permission of Xiom Healthcare LLC and the copyright owner. You agree that you do
not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the
intellectual property of Xiom Healthcare LLC or our licensors except as expressly authorized by these Terms.
International Users
The Service is controlled, operated, and administered by Xiom Healthcare LLC from our offices within the USA or anywhere
across the globe. If you access the Service from a location outside the USA, you are responsible for compliance with all local
laws. You agree that you will not use the Xiom Healthcare LLC Content accessed through www.xiomhealthcare.com in any
country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Xiom Healthcare LLC, its officers, directors, employees, agents and third
parties, for any losses, costs, liabilities and expenses (including attorney’s fees) relating to or arising out of your use of or
inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your
violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Xiom Healthcare LLC
reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification
by you, in which event you will fully cooperate with Xiom Healthcare LLC in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regard to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions.
The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Xiom Healthcare LLC
agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE OR PRODUCT (Health Imagined) MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. XIOM HEALTHCARE LLC AND/OR ITS PARTNERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE OR PRODUCT AT ANY TIME.
XIOM HEALTHCARE LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. XIOM HEALTHCARE LLC AND/OR ITS SUPPLIERS/PARTNERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL XIOM HEALTHCARE LLC AND/OR ITS SUPPLIERS/ PARTNERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF XIOM HEALTHCARE LLC OR ANY OF ITS SUPPLIERS/PARTNERS HAS BEEN ADVISED OF
THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
Xiom Healthcare LLC reserves the right, in its sole discretion, to terminate your access to the Site OR Product and the related services or any portion thereof at any time, without notice for any misconduct. To the maximum extent permitted by law, this agreement is governed by the laws of the State of New Jersey and you hereby consent to the exclusive jurisdiction and venue of courts in New Jersey in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
For users in India, jurisdiction of Delhi court will be applicable.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Xiom Healthcare LLC because of this agreement or use of the Site. Xiom Healthcare LLC’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Xiom Healthcare LLC’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site, Product or information provided to or gathered by Xiom Healthcare LLC with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Xiom Healthcare LLC and Xiom Health Pvt. Ltd. with respect to the Site and products, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Xiom Healthcare LLC with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Xiom Healthcare LLC reserves the right, in its sole discretion, to change the Terms under which www.xiomhealthcare.com is offered. The most current version of the Terms will supersede all previous versions. Xiom Healthcare LLC encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
Xiom Healthcare LLC welcomes your questions or comments regarding the Terms:
Xiom Healthcare LLC
55 Springfield Rd
North Brunswick, New Jersey 08902
Email Address:
connect@xiomhealthcare.com
Effective as of March 12, 2020