Welcome to the Medisage’s terms and condition. These terms and conditions (“Terms and Conditions”), are between Medisage and you, (hereinafter referred to as “You” or “Your” or “User(s)”). By accessing our website www.myMedisage.com (“Website”) and/or our app ‘Medisage’ or ‘ Medisage e-learning (“Apps”), Website and Apps together shall be referred to as “Medisage Platform”, you agree to be bound by the provisions of these Terms and Conditions.
As a Registered User or other User, these Terms and Conditions shall be effective and binding upon Your ‘acceptance’. ‘Acceptance’ shall mean Your affirmative action in clicking on ‘check box’ and/or the “Accept” button and on entering information as requested on the registration page or claiming and/or verifying a pre-existing User profile or such other actions that implies Your acceptance to these Terms and Conditions and Policies. If You do not agree or are not willing to be bound by the terms and conditions of these Terms and Conditions and our Policies , please do not click on the "check box " and do not enter information as requested on the registration page or claim and/or verify pre-existing User profile on the Platform and do not seek to obtain access to, view, download or otherwise use the Website or the Platform or any information or services. By impliedly or expressly accepting these Terms and Conditions, You also accept and agree to be bound by applicable policies of the Company or the Platform as published on the Platform (“Policies”) communicated to the Users by publication on the Platform and/or in writing.
The domain name, Website and the Apps are owned, registered and operated by Medisage e-Learning Private Limited, a private company incorporated under the (Indian) Companies Act, 2013, and having its registered office at 1103, Lodha Supremus, Powai, Mumbai -400076 (hereinafter referred to as “Medisage” or “ us” or “we” or “our” or “Company”).
The Platform may only be used or accessed by such Persons who can enter into and perform legally binding contracts under Indian Contract Act, 1872. However, it is hereby specifically provided that Persons who are minors, Persons of unsound mind, and undischarged insolvents are not eligible to use the Platform. The platform may be used by individuals associated with the Healthcare industry including Healthcare practitioners.
Registration and Creation of Profile
Once a pre-existing profile with contact details of healthcare providers or medical professionals created from publicly available information and authorised sources, with information including any of but not limited to name, address, education, experience, accomplishments, clinic address, mobile number, e-mail address etc., of such healthcare providers or medical professionals (hereinafter referred to as the “Pre-Existing Profile”) is claimed by a User after becoming a Registered User, the Platform may automatically generate a password which should be changed by such Registered User in the first login. You are solely responsible for maintaining secrecy and confidentiality of your login details including your user name, password and user code. You hereby acknowledge and accept that the Platform will grant access to any person who has obtained your username, password and User code in the same manner as it would have granted access to You and You shall be responsible for all activities conducted under your username, password and any user code. The Company, its Directors, shareholders, employees, associates, contractors or agents shall not be responsible in any manner for any Losses occurring from any breach of secrecy of your username, password and user code. You agree that the sole purpose of registering on or using the Platform is to access an e-platform for healthcare providers or medical professionals in order to engage in e- learning activities, upskilling , cross skilling , networking and to keep track on news and views in the medical world, and You shall not use this Platform in any manner for any other purpose other than as mentioned above and for purposes which are not permitted under the applicable Law. You shall not claim a Pre-Existing Profile that does not describe You.
Some individuals may have to create an account with Medisage to become a Registered User. You agree and confirm that you will never use another User’s account nor provide access to your account to any third-party. When creating your account, you confirm that the information so provided is accurate and complete. Further, you agree that you are solely responsible for the activities that occur on your account, and you shall keep your account password secure and not share the same with anyone. You must notify Medisage immediately of any breach of security or unauthorized use of your account. At no point in time will Medisage be liable for any losses caused by any unauthorized use of your account, you shall solely be liable for the losses caused to Medisage or others due to such unauthorized use, if any.
Information of The User
1. These Terms and Conditions apply to all Users of the Medisage Platform, including educators who are also contributors of Contenton the Medisage Platform. The Medisage Platform includes all aspects of the Website and Apps which includes but is not limited to products, software and service offered via the Medisage Platform, such as the Medisage online platform or any other service or application that Medisage introduces from time to time.
2. Medisage Platform is an online platform that supports and facilitates the online viewing of educational videos/or knowledge sessions, by the Users/ Experts on the Medisage Platform and acts as an intermediary between the Expert and the User.
5. You agree and acknowledge that Medisage shall have the right at any time to change or discontinue any aspect or feature of the Medisage Platform, including, but not limited to, the User Content, hours of availability and equipment needed for access or use. Further, Medisage may discontinue disseminating any portion of information or category of information may change or eliminate any transmission method and may change transmission speeds or other signal characteristics. Medisage reserves the right to refuse access to the Medisage Platform, terminate Accounts, remove or edit contents without any notice to You.
6. The Company reserves the right to introduce new services including any premium or paid services or modify or discontinue any existing services provided on the Platform or on the Website. Additionally, the Company at its sole discretion may introduce fees for the new services including for any premium services provided or amend/ introduce fees for the existing services, as the case may be. Changes to the Terms and Conditions or any of the Policies of the Company shall be published on the Platform and such changes shall automatically become effective immediately after they are published on the Platform. You are requested to visit the Platform often to keep abreast of any amendments
Access, Permissions and Restrictions
Medisage hereby grants you permission to access and use the Medisage Platform as set forth in these Terms and Conditions, provided that:
1. You agree not to distribute in any medium any part of the Medisage Platform or the content without Medisage’s prior written authorization.
2. You agree not to alter or modify any part of the Medisage Platform.
3. You agree not to access content of any other User through any technology or means other than the video playback pages of the Medisage Platform itself.
4. You agree not to use the Medisage Platform for any of the following commercial uses unless you obtain Medisage’s prior written approval:
• the sale of access to the Medisage Platform;
• the sale of advertising, sponsorships, or promotions placed on or within the Medisage Platform or content; or
• the sale of advertising, sponsorships, or promotions on any page or website that provide similar Medisage Platform as that of Medisage.
1. When you visit Medisage Platform or send email to us, you are communicating with us electronically. By communicating with us, you consent to receive communication from us electronically. We will communicate with you by email or posting notices on Medisage Platform. You agree that all agreements, notices, disclosures, disclaimers, offers and other communications that are provided to you electronically satisfy any legal requirement that such communication should be in writing.
2. You agree to keep yourself updated with all data, information and communication pertaining to You made available on the Platform by the Company. You further agree that Your use of the Platform or provision of any data or information including any correspondence (by email or otherwise) to or by the Company is through electronic records and You consent to receive communication from the Company via electronic documents including emails and/or SMS, which will be deemed adequate for service of notice/ electronic record. You understand You may have to bear/pay any charges associated with any such access (including text messaging charges for messages from Your mobile device). Our communications to You may include communication that would inform Users about various features of our services. The Company may also send You promotional information unless You have opted out of receiving such information.
3. You agree to receive installs and updates from time to time from Medisage. These updates are designed to improve, enhance and further develop the Medisage Platform and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Medisage to deliver these to you) as part of your use of the Medisage Platform.
4. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Medisage Platform in a manner that sends more request messages to Medisage’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Medisage grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Medisage reserves the right to revoke these exceptions either generally or in specific cases at any time with or without providing any notice in this regard. You agree not to collect or harvest any personally identifiable information, including account names, from the Medisage Platform, nor to use the communication systems provided by the Medisage Platform (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any Users of the Medisage Platform with respect to User Content.
5. You may post reviews, comments and other content; send other communications; and submit suggestions, ideas, comments, questions or other information as long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringement of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any other form of spam. Further, you give Medisage limited, royalty free, worldwide, non-exclusive license to use the Content and communication in developing its Medisage Platform and in any of its marketing or promotional activities.
6. In your use of the Medisage Platform, you will at all times comply with all applicable laws and regulations.
7. Medisage reserves the right to discontinue any aspect of the Medisage Platform at any time with or without notice at its sole discretion
In addition to the general restrictions mentioned above, the following limitation and conditions shall apply to your use of the Content.
1. Medisage Content utilized on the Medisage Platform which shall include but not be limited to trademarks, service marks and logos (“Marks”), process, images, software, graphics are owned by or licensed to Medisage and subject to copyright and other intellectual property rights under the law.
2. You may access Content for your information and personal use solely as intended through the provided functionality on the Medisage Platform and as permitted under these Terms and Conditions. You shall not download any Content unless you see a “download” or similar link displayed by Medisage on the Medisage Platform for that User Content. You shall not copy, reproduce, make available online or electronically transmit, publish, adapt, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes other than as provided herein without the prior written consent of Medisage or the respective licensors of the User Content. Medisage and its licensors reserve all rights not expressly granted in and to the Medisage Platform and the User Content.
3. You agree not to circumvent, disable or otherwise interfere with security-related features of the Medisage Platform or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Medisage Platform or the Content therein.
4. You understand that when using the Medisage Platform, you will be exposed to Content from variety of sources and by different Users/Experts, and that Medisage is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Medisage with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Medisage, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Medisage Platform.
Medisage Intellectual Property Right
The Medisage Platform, the processes, and their selection and arrangement, including but not limited to all text, graphics, User interfaces, visual interfaces, sounds and music (if any), artwork and computer code on the Medisage Platform is owned and controlled by Medisage and the design, structure, selection, coordination, expression, look and feel and arrangement of such content mentioned hereinabove is protected by copyright, patent and trademark laws, and various other national and international IPR laws and regulations. For clarity, content in the above sentence shall not include User Content.
Unless otherwise indicated or anything contained to the contrary, or any proprietary material owned by a third-party and so expressly mentioned, Medisage owns all IPR to and into the trademark “MEDISAGE” and the Medisage Platform.
The mark “Medisage” is the sole property of Medisage. Reproduction in whole or in part of the same is strictly prohibited unless used with an express written permission from Medisage.
The Platform and the services are hosted on cloud servers. If You are a User accessing the Platform and Service from the European Union, United States of America, Latin America, Australia, Asia or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from Indian laws, please be advised that through Your continued use of the Platform, You expressly consent to that transfer and consent to be governed by Indian law for these purposes and the Policies and these Terms and Conditions, which are in turn governed by Indian law.
Without limiting other remedies that the Company may pursue, the Company may at its sole discretion take such action as it deems fit including but not limited to cancellation of the membership and deletion of the account , limit Your activity on the Platform, immediately remove Your information or any information shared by You , or warn other Users of Your actions, forthwith temporarily/indefinitely suspend or terminate or block Your membership, and/or refuse to provide You with access to the Platform or initiate any legal action it may deem fit, particularly in the event: You breach any of the provisions of these Terms and Conditions including any of the Policies, documents, agreements between the Company and You in addition to these Terms and Conditions, terms and conditions made thereunder which are incorporated therein by reference; any misuse of Your account or the Pay Facility (if utilised), in case the Company is unable to verify or authenticate any information provided by You, if the Company believes that Your actions may cause legal liability to the Company, other Users or Yourself. No actions, omissions or decisions taken by the Company shall waive any rights or claims that the Company may have against the User. Any User that may have been suspended or blocked may not register or attempt to register with the Platform or use the Platform in any manner whatsoever until such time that such User is reinstated by the Company. Notwithstanding the above, if You breach the Terms and Conditions or the Policies and other documents incorporated therein by reference or any other agreements entered into by the Company and You in addition to the Terms and Conditions, the Company reserves the right to recover any amounts due and owed by You to the Company and to take strict legal action including but not limited to referral to the appropriate police or other authorities for initiating criminal or other proceedings against You.
Grievance Redressal Mechanism
In case of any grievance, objection or complaint on Your part with respect to the Platform, other Users or the Company, including any complaints or enquiry about suspension, termination or blocking of Your membership or right to use the Platform, You should promptly raise such grievance or complaint with the designated Grievance Officer at firstname.lastname@example.org and provide him with all necessary information and/or documents to enable the Company/Grievance Officer to try and resolve the issue. The name and contact details of the Grievance Officer is published on the Platform as required under the provisions of the Information Technology Act, 2000 and the rules made thereunder.
None of the provisions of these Terms and Conditions shall be deemed to constitute a partnership or joint venture or agency between You and the Company and You shall have no authority to bind the Company in any manner whatsoever. Except as explicitly stated otherwise, any notices directed to the Company shall be given by email to email@example.com followed by a notice by registered mail acknowledgement due or by courier, to the address provided by the Company on the Platform from time to time and any notices to You by the Company shall be provided to the email address provided by You during the registration process or any email ID successfully updated by You with the Platform thereafter. Notice shall be deemed to be delivered as soon as it has been given, in case of any email. It shall be the sole obligation of the User to keep the Company updated about any change in email. Failure in delivery of notices on the email address registered with the Platform due to the failure on the part of the User to update the same with the Platform shall not render such notices invalid. The Platform reserves the right to use the data provided by You for commercial purposes and the Company reserves all the right to tie up with other stakeholders in the healthcare industry and broadcast their information to the Users in different form from time to time. If any clause of these Terms and Conditions or the application thereof to any User or circumstance shall be deemed invalid, void or for any reason unenforceable to any extent, the remainder of these Terms and Conditions and the application of such unenforceable provision to Users or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby, and each provision of these Terms and Conditions shall be valid and enforceable to the fullest extent permitted by applicable Law. These Terms and Conditions together with the Policies and the agreements entered between the Company and You, incorporated herein by reference, constitute the entire understanding and agreement between You and the Company with respect to the subject matter herein. The Company at its sole discretion shall be entitled to assign or transfer its rights and obligations under these Terms and Conditions hereunder to any other Person without Your prior consent. Subject to the Arbitration Clause and to any dispute resolution agreement separately agreed between the Company and You in any other agreements, all remedies of the Company and Users under these Terms and Conditions whether provided herein or conferred by statute, civil law, common law, custom or trade usage, are cumulative and not alternative and may be enforced successively or concurrently.
The Company endeavour is always to ensure reasonable efforts to maintain confidentiality but does not represent or warrant maintaining the confidentiality of information. All communications between the Parties and all confidential information given to or received by You from the Company, and all information concerning the business transactions of the Company with any entity or person with whom it may or may not have a confidentiality obligation with regard to the matter in question, shall be kept confidential by You unless specifically permitted to the contrary in writing to the Company. Further the Company may at any time disclose any confidential information on a confidential basis to any prospective and current investors, strategic or financial, partners or service providers other than Users of the Platform. This confidentiality obligation shall survive the termination of this agreement with the concerned User.
Subject to any dispute resolution agreement separately agreed between the Company and You in any other agreements, if any dispute arises between You and the Company during Your use of the Platform or the Pay Facility or any service incidental to the Platform or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the Terms and Conditions and/or any other agreement between the Company and You in addition to these Terms and Conditions, or the Policies and any other documents incorporated therein by reference, the dispute shall be referred to a sole arbitrator who shall be an independent and neutral third party identified by the Company whose decision shall be final. The place of arbitration shall be Mumbai, India. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language. For clarity, if the Company and You have agreed on any other dispute resolution mechanism in any other agreement between the Company and You in addition to these Terms and Conditions, that dispute resolution mechanism shall govern these Terms and Conditions as well.
Subject to the Arbitration Clause above, these Terms and Conditions and all Policies and documents incorporated by reference shall be governed and construed in accordance with the laws of India and the Courts in Mumbai, India shall have exclusive jurisdiction. This document is an electronic record in terms of Information Technology Act, 2000 and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.