Medisage – Terms and Conditions
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, LodhaSupremus, 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
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:
In addition to the general restrictions mentioned above, the following limitation and conditions shall apply to your use of the Content.
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 email@example.com 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 firstname.lastname@example.org 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 maintainconfidentiality 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.