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Term and Conditions

 

PLEASE READ ALL OF THE FOLLOWING TERMS AND CONDITIONS OF THIS WEBSITE BEFORE USING THIS SITE.

 

The following terms and conditions (the “Terms and Conditions”) govern your use of this Website provided to you by Medinatal Healthcare Private Limited, having its registered office at 44, Hanuman Vatika, Heerapura, Jaipur Rajasthan 302021 (hereinafter referred to as the “Company” or “us” or “we”, which expression shall mean and include its officers, successors and permitted assigns) and any content, features or functionality made available from or through this Website, including any sub-domains thereof, or application (the “Website”). The Services may be provided by the Company through the Platform, and its suite of products and services, as may be identified by the Company from time to time. These Terms and Conditions set out the Company's practices with respect to the entire scope of Services/Products provided by the Company.

This document is an electronic record in terms of the Information Technology Act, 2000 and rules there under as applicable 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. This is a legal agreement between you, the user (“User” or “You“) of the Service, as defined below, and stating the terms that govern your use of the Website, as set out below. If you do not agree to these Terms and Conditions, you are not entitled to use the Website and any use thereafter shall be unauthorized. Definition of “User” or “You” means any person who accesses or avails of this site of the Company for the purpose of hosting, publishing, sharing, transacting, displaying, or uploading information or views and includes other persons jointly participating in using the Website.

By continuing to access, link to, or use this Website, or any service on this Website, you signify your acceptance of the Terms and Conditions.

Company reserves the right to amend, remove, or add to the Terms and Conditions at any time at its sole and absolute discretion. Such modifications shall be effective immediately. Accordingly, please continue to review the Terms and Conditions whenever accessing, linking to, or using the Website. Your access, link to, or use of the Website, or any service on this Website, after the posting of modifications to the Terms and Conditions, will constitute your acceptance of the Terms and Conditions, as modified.

Some of the services on the Website may be subject to additional posted Terms and conditions. Your use of those services is subject to those conditions, which are incorporated into these Terms and Conditions by reference. In the event of an inconsistency between these Terms and Conditions and any additional posted conditions, the provisions of the additional conditions shall control.

If, at any time, you do not wish to accept the Terms and Conditions, you may not access, link to, or use the Website. Any terms and conditions proposed by you which are in addition to or conflict with the Terms and Conditions are expressly rejected by the Company and shall be of no force or effect. In such case, you are prohibited from accessing the Website and any such access shall be unauthorized.

  1. Eligibility

You will be eligible for the Services on the Website only if you are competent to contract under the Indian Contract Act, 1872. A person is competent to contract under the Indian Contract Act, 1872, inter-alia, if he/she is above eighteen (18) years of age, is of a sound mind, and is not disqualified from contracting by any law to which he/she is subject. You hereby represent and warrant to the Company that you are at least eighteen (18) years of age or above and are capable of entering, performing, and adhering to these Terms and Conditions and that you agree to be bound by the following terms and conditions. While individuals under the age of 18 may utilize the Services of the Website, they shall do so only with the involvement & guidance of their parents and/or legal guardians, under such Parent /Legal guardian’s registered account. You agree to register prior to uploading any content and/or comment and any other use or Services of the Website and provide your details including but not limited to complete name, age, email address, residential address, and contact number.

  1. Proprietary Rights

As between you and us, we own, solely and exclusively, all rights, titles, and interest in and to the Website including all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, videos, copy, text, software, titles, Shockwave files, etc.), code, data, and materials thereon, the look and feel, design and organization of the Website, and the compilation of the content, code, data, and materials on the Website, including but not limited to any copyrights, trademark rights, trade secrets, know-how, patent rights, database rights, service marks, moral rights, sui generis rights and other intellectual property and proprietary rights therein (collectively referred to as the “Company IPR“). Your use of the Company IPR does not grant you ownership of any content, code, data, or materials you may access on or through the Website or through the use of Company IPR. Your use of the Company IPR is only a limited, non-exclusive license to use the Company IPR while accessing the Website.

You agree to comply with all written requests made by the Company or its suppliers and licensors of content, equipment, or otherwise (“Suppliers“) to protect their and others’ contractual, statutory, and common law rights in the Company IPR.

  1. Acceptance Clause

The Terms and Conditions along with the privacy policy shall apply to Users of Website. For creating access to the Website/App, You have to register yourself with Us. Any credentials given by You shall be kept confidential except certain information which may be shared with third-party with Your prior consent (in writing to the prescribed email id). We shall communicate with You from time to time via email or in any other manner (offline/online) in regard to Your registration with us or for any other updates/alerts. Your utilization of the Website, Application, or administrations regarding the Application, Website, or items (“Services”), or enlistments with us through any modes or use of any items will imply Your acknowledgment of this Policy and Your consent to be lawfully limited by something very similar.

  1. Communication

When You use the Website or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email or by any other mode of communication, electronic or otherwise.

 

  1. Limited Use

All present and future rights in and title to the Company IPR (including the right to exploit the Company IPR and any portions thereof over any present or future technology) are reserved for the Company for its exclusive use. You may access and view the content on the Website on your computer or other device and, except as specifically permitted by these Terms and Conditions, you may not copy or make any use of the Company IPR or any portion thereof. Unless otherwise specifically indicated in these Terms and Conditions or on the Website, use of the Website and the Company IPR, are only for your personal, non-commercial, and internal use. Except as specifically permitted herein, you shall not use the Website or the Company IPR, or any portion thereof or the names of any individual participant in, or contributor to, the Company IPR, or any variations or derivatives thereof, for any purpose, without the Company’s prior written approval.

  1. Prohibited Use

Unless otherwise specifically indicated in these Terms and Conditions or on the Website, any commercial or promotional distribution, publishing, re-circulation, re-distribution or exploitation of the Service or any content, code, data, or materials on the Website, or any portion of the Service or Company IPR is strictly prohibited unless you have received the express prior written permission from our authorized personnel or the otherwise applicable rights holder. Other than as expressly allowed herein or on the Website, you may not download, post, display, store, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials of, on or available through the Website or of the Service. You further agree that you may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or re purpose, recompile, decompile reverse engineer any of the content, code, data, or other materials on or available through the Website, including, without limitation, the alteration or removal of any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary rights notices.

You shall not use the Service or the Website for any illegal purpose, for the facilitation of the violation of any law or regulation, or in any manner inconsistent with the Terms and Conditions. You agree not to use, transfer, distribute, or dispose of any information contained in the Service or Company IPR in any manner that could compete with the business of the Company or any of its Suppliers. You may not input, distribute, upload, post, email, transmit or otherwise make available any content through the Website that: (i) is promotional in nature, including solicitations for funds or business, without the prior written authorization of the Company, or constitutes junk mail, spam, chain letters, pyramid schemes or the like; (ii) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (iii) for which you do not have the right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (iv) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (v) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware, or telecommunications equipment; (vi) is harmful to minors; (vii) constitutes the personally identifiable information ofany other person that such person has not authorized you to disclose; (viii) is grossly harmful, harassing, blasphemous, paedophilic, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; (ix) Harm minors in any way; (x) Infringes any patent, trademark, copyright or other proprietary rights; (xi) Impersonates another person; (xii) Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; (xiii) Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation; (xiv) Results in advertising or solicitation to anyone to buy or sell products or services, or to make donations of any kind; (xv) Discloses any personally identifying information or private information about any third parties without their express consent; (xvi) Results in spamming, spidering, “screen scraping,” “database scraping,”, phishing or harvesting email addresses that have been posted by other users of the Sites; (xvii) Uses or attempt to use another person’s account, password or services; (xviii) Disrupts, interferes with or otherwise violates the security of the Sites or any services, accounts, passwords, servers or networks related to the Site; (xix) Sends repeated messages to another user or repeat postings of the same message under the same or multiple subjects or engage in cyber stalking or become a nuisance for other users; (xx) Damages, disables, overburdens, or impairs the Company’s servers, or the network(s) connected to the Company’s servers, or interferes with any other party’s use and enjoyment of any Services; (xxi) Obtains or attempts to obtain any materials or information through any means not intentionally made available through the Media/Services. You may not use any of the Services / Company IPR in any manner which creates the impression that such items belong to or are associated with you or are used with the Company’s consent, and you acknowledge that you have no ownership rights in and to any of such items. You agree not to use any framing techniques to enclose any Service or Company IPR; or remove, conceal or obliterate any copyright or other proprietary notice or any credit-line or date-line on other mark or source identifier included on the Website / Service, including without limitation, the size, color, location or style of all proprietary marks. You may neither interfere with nor attempt to interfere with nor otherwise disrupt the proper working of the Website, any activities conducted on or through the Website or any servers or networks connected to the Website.

You may neither obtain nor attempt to obtain through any means any Company IPR that have not been intentionally made publicly available either by public display on the Website or through accessibility by a visible link on the Website. You shall not violate the security of the Website or attempt to gain unauthorized access to the Website, data, materials, information, computer systems or networks connected to any server associated with the Website, through hacking, password timing or any other means. You may neither take nor attempt any action that, in the sole discretion of the Company, imposes or may impose an unreasonable or disproportionately large load or burden on the Company or the infrastructure of the Website. You shall not use or attempt to use any “scraper,” “robot,” “bot,” “spider,” “data mining,” “computer code,” or any other automate device, program, tool, algorithm, process or methodology to access, acquire, copy, or monitor any portion of the Website, any data or content found on or accessed through the Website, or any other Website information without the prior express written consent of the Company. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any other content.

  1. Charges

Membership on the Website is free for buyers. The Company does not charge any fee for browsing and buying on the Website. The Fee Policy may be changed from time to time by the Company. The Website may be updated and new services may be introduced or modified at the sole discretion of the Company. In such an event, the Company reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees. Whenever you make payments to the Company, you are solely responsible for complying with all applicable laws, including those in India.

 

  1. Trademarks

The trademarks, logos, service marks and trade names (collectively the “Trademarks“) displayed on the Website or on content available through the Website are our registered and unregistered Trademarks and others and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders that are likely to cause customer confusion, or in any manner that disparages or discredits their rights holders. All Trademarks not owned by us that appear on the Website or on or through the Website’s services, if any, are the property of their respective owners. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Website without our written permission or the third party that may own the applicable Trademark. Your misuse of the Trademarks displayed on the Website or on or through any of the Website’s services is strictly prohibited.

 

  1. Indemnification Clause

You agree to defend, hold harmless, and indemnify the Company and its Participants, and their respective subsidiaries, affiliates, directors, officers, agents, and employees from and against any third-party claims, actions, or demands arising out of, resulting from or in any way related to Your use of the Website, including any liability or expense arising from any and all claims, losses, damages (actual and consequential), suits, judgments, litigation costs, and attorneys' fees, of every kind and nature. In such a case, the Company or its Participant will provide You with written notice of such claim, suit, or action.

 

  1. Termination/ Discontinuance of Rights

The Company in its sole discretion, may terminate Your use or User’s account of the Website/Services or Your participation in it, for any reason or no reason, upon notice to You. Those who violate the terms of services are subjected to termination of availed services. The Company reserves the right at any time in its sole discretion to cancel, delay, reschedule update/modify to alter the format of any course offered through it, or to cease providing any part or all of the Site content or related services. You agree that neither the Company nor any of its Participants will have any liability to You for such an action.

If You no longer desire to participate in the Site/Services, You may terminate Your participation at any time. The rights granted to You hereunder will terminate upon any termination of Your right to use.

  1. Monitoring

To the extent permitted by law, we may record and monitor Your communications with us to ensure compliance with our legal and regulatory obligations and our internal policies. This may include the recording of telephone conversations.

 

  1. Confidentiality of Information

You will keep in confidence and protect from disclosure any confidential and proprietary information concerning the Company that you may be exposed to during your engagement with the Company. You will not use any such information for any purpose that is detrimental to the Company.

The Company is not and will not be responsible for and do not necessarily hold the opinions expressed by its bloggers / content contributors, etc. Opinions and other statements expressed by contributors / bloggers / users are theirs alone, not opinions of the Company. You are solely responsible for your content by way of accuracy and completeness, and the Company does not necessarily endorse it. You acknowledge that by providing you with the ability to view and distribute Content on our Website, the Company is not undertaking any obligation or liability relating to the Content. The Company and its affiliates, successors, assigns and their respective employees, agents, directors, officers and shareholders do not undertake or assume any duty to monitor our Website for inappropriate or unlawful Content.

The Company and its affiliates, successors, assigns and their respective, employees, agents, directors, officers and shareholders assume no responsibility or liability which may arise from the Content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation or claims that Content violates applicable laws and/or are covered under Prohibited Activities specifically mentioned in these Terms and Conditions. The Company reserves the right to block or remove communications, postings or materials at any time in its sole discretion. The Company accepts no liability regarding any unauthorised use of blogs.

 

  1. Jurisdiction of Court

Unless otherwise specified, the material on the Website is presented solely for the purpose of sale in India. The Company makes no representation that materials on the Website are appropriate or available for use in other locations/Countries other than India. If a user accesses this site from a location/country other than India, they are voluntarily doing so, and the Company is not responsible for supplying products to such locations/countries, or for reimbursing them, or for complying with local laws, if and to the extent applicable. The Courts of law at Jaipur (Rajasthan) shall have exclusive jurisdiction over any disputes arising under the Terms and Conditions.

 

  1. Disclaimer of Warranties and Liabilities

This Website, all the materials and products (including but not limited to software), and services, included on or otherwise made available to You through this site are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the foregoing paragraph, the Company does not warrant that:

    • This Website will be constantly available, or available at all; or
    • The information on this Website is complete, true, accurate or non-misleading.

The Company will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website. The Company does not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Website; their servers; or electronic communication sent from Us are free of viruses or other harmful components. Nothing on the Website constitutes or is meant to constitute, advice of any kind.

 

  1. Limitation of Liability

IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS AND CONDITIONS, EVEN IF THE USER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

 

  1. General

You may not assign these Terms of Use or any of your interests, rights, or obligations under these Terms of Use. If any provision of these Terms of Use shall be found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition. You may preserve these Terms of Use in written form by printing them for Your records, and You waive any other requirement for these Terms of Use to be proved by means of a written document.

 

  1. Contact Information

Please contact us for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Website at (SURGINATAL@GMAIL.COM)

Grievance officer

In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:

Name: Mr. Anupam Kumar Garg
Designation: Director
Medinatal Healthcare Pvt. Ltd.
Address: 44, Hanuman Vihar, Heerapura Jaipur   Rajasthan   302021

Email: SURGINATAL@GMAIL.COM                                        

Contact Number: 8824832779                                          

 

  1. Headings

The section titles in these Terms and Conditions are used solely for the convenience of you and the Company and have no legal or contractual significance.

  1. Severability

If any provision of these Terms and Conditions is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms and Conditions will remain in force.

 

  1. Entire Agreement

These Terms and Conditions and the Privacy Policy and any other terms and conditions of service on the Website, and its successor, constitute the entire agreement between you and the Company and govern your use of the Service and the Website.

 

  1. Miscellaneous

You accept that the Company has the right to change the content or technical specifications of any aspect of the Service and/or the Website at any time in the Company’s sole discretion. You further accept that such changes may result in your being unable to access the Service and/or the Website. The failure of the Company to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. The Company may assign its rights under these Terms and Conditions without notice. These Terms and Conditions will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

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