Terms Of Use


A. Acceptance of Terms

PLEASE READ THE TERMS OF USE THOROUGHLY AND CAREFULLY. The terms and conditions set forth below ("Terms of Use") and the Privacy Policy (as defined below) constitute a legally-binding agreement between IJCP Publications Ltd. ("Medtalks", "Company", "we" or "us") and you. These Terms of Use contain provisions that define your limits, legal rights and obligations with respect to your use of and participation in the Medtalks Application/application, including the classified advertisements, forums, various email functions and Internet links, and all content and Medtalks services available through the domain and sub-domains of Medtalks located at www.Medtalks.in and , www.Medtalks.net on the web and in Android and iOS format; (collectively referred to herein as the "Application"). The Terms of Use described below incorporate the Privacy Policy and apply to all users of the Application, including users who are also contributors of video content, information, private and public messages, advertisements, and other materials or Services on the Application.

The Application is currently owned and operated by IJCP Publications Ltd. having its registered office at E-219, Greater Kailash – I, New Delhi – 110048.

You acknowledge that the Application serves as an online medical education portal which seeks to offer medical education in the form of videos , text and courses to all healthcare practitioners and provides patient education talks for the consumers; and, by using, visiting, registering for, and/or otherwise participating in this Application, including the Services presented, promoted, and displayed on the Application, and by clicking on "I have read and agree to the terms of use," you hereby certify that you have the authority to enter into these Terms of Use, and you agree to be bound by all terms and conditions of these Terms of Use and any other documents incorporated by reference herein. If you do not so agree to the foregoing, you should not click to affirm your acceptance thereof, in which case you are prohibited from accessing or using the Application. If you do not agree to any of the provisions set forth in the Terms of Use, kindly discontinue viewing or participating in this Application immediately.

Accessing the Application through any medium, including but not limited to accessing the Application through mobile phones, smart phones and tablets, are also subjected to these Terms of Use.

YOU SPECIFICALLY AGREE THAT BY USING THE APPLICATION, YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE COMPETENT UNDER LAW TO ENTER INTO A LEGALLY BINDING AND ENFORCEABLE CONTRACT.

All references to "you" or "your," as applicable, mean the person that accesses, uses, and/or participates in the Application in any manner. If you use the Application or open an Account (as defined below) on behalf of a business, you represent and warrant that you have the authority to bind that business and your acceptance of the Terms of Use will be deemed an acceptance by that business and "you" and "your" herein shall refer to that business.

1. MODIFICATIONS TO TERMS OF USE AND/OR PRIVACY POLICY

Medtalks reserves the right, in its sole discretion, to change, modify, or otherwise amend the Terms of Use, and any other documents incorporated by reference herein for complying with legal and regulatory framework and for other legitimate business purposes, at any time, and Medtalks will post notice of the changes and the amended Terms of Use at the domain of [●]. It is your responsibility to review the Terms of Use for any changes and you are encouraged to check the Terms of Use frequently. Your use of the Application following any amendment of the Terms of Use will signify your assent to and acceptance of any revised Terms of Use. If you do not agree to abide by these or any future Terms of Use, please do not use or access the Application.

2. PRIVACY POLICY

Medtalks has established a Privacy Policy that explains to users how their information is collected and used. The Privacy Policy is referenced above and hereby incorporated into the Terms of Use set forth herein. Your use of this Application is governed by the Privacy Policy.

The Privacy Policy is located at: [www.Medtalks.in/privacypolicy].

B. Membership and Accessibility

1. LICENSE TO ACCESS

Medtalks hereby grants you a non-exclusive, revocable license to use the Application as set forth in the Terms of Use; provided, however, that (i) you will not copy, distribute, or make derivative works of the Application in any medium without Medtalks’ prior written consent; (ii) you will not alter or modify any part of the Application other than as may be reasonably necessary to use the Application for its intended purposes; and (iii) you will otherwise act in accordance with the terms and conditions of the Terms of Use and in accordance with all applicable laws.

2. MEMBERSHIP ELIGIBILITY CRITERIA

Use of the Application is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. You represent, acknowledge and agree that you are at least 18 years of age, and that: (a) all registration information that you submit is truthful and accurate, (b) you will maintain the accuracy of such information, and (c) your use of the Application and Services offered through this Application do not violate any applicable law or regulation. Your Account (defined below) may be terminated without warning if we at our discretion, believe that you are under the age of 18 or that you are not complying with any applicable laws, rules or regulations.

You need not register with Medtalks to simply visit and view the Application, but to access and participate in certain features of the Application, you will need to create a password-protected account ("Account"). To create an Account, you must provide applicable contact information (such as name, physician license information, mobile number, e-mail address etc.) through the account registration page on the Application and create a password. You will also have the ability to provide additional optional information, which is not required to register for an account but may be helpful to Medtalks in providing you with a more customized experience when using the Application.

You are solely responsible for safeguarding your Medtalks password at all times and shall keep your password secure at all times. You shall be solely responsible for all activity that occurs on your Account and you shall notify Medtalks immediately of any breach of security or any unauthorized use of your Account. Similarly, you shall never use another's Account without Medtalks’ permission. You agree that you will not misrepresent yourself or represent yourself as another user of the Application and/or the Services offered through the Application.

You hereby expressly acknowledge and agree that you yourself and not Medtalks will be liable for your losses, damages etc. (whether direct or indirect) caused by an unauthorized use of your Account. Notwithstanding the foregoing, you may be liable for the losses of Medtalks or others due to such unauthorized use.

An Account holder is sometimes referred to herein as a "Registered User."

    You acknowledge and agree that you shall comply with the following policies (the "Account Policies"):
  • You will not copy or distribute any part of the Application in any medium without Medtalks’ prior written authorization.
  • You will not alter or modify any part of the Application other than as may be reasonably necessary to use the Application for its intended purpose.
  • You will provide true, accurate, current and complete information when creating your Account and you shall maintain and update such information during the term of this Agreement so that it will remain accurate, true, current and complete.
  • You shall not use any automated system, including but not limited to, "robots," "spiders," "offline readers," "scrapers," etc., to access the Application for any purpose without Medtalks’ prior written approval.
  • You shall not in any manual or automated manner collect information, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, or otherwise misuse or misappropriate Application information or content, including but not limited to, use on a "mirrored", competitive, or third party site.
  • You shall not in any way that transmits more request messages to the Medtalks servers, or any server of a Medtalks subsidiary or affiliate, in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser; provided, however, that the operators of public search engines may use spiders or robots to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such material. Medtalks reserves the right to revoke these exceptions either generally or in specific cases.
  • You shall not recruit, solicit, or contact in any form any Registered User for employment or contracting for a business not affiliated with Medtalks without express written permission from Medtalks.
  • You shall not take any action that (i) unreasonably encumbers or, in Medtalks’ sole discretion, may unreasonably encumber the Application's infrastructure; (ii) interferes or attempts to interfere with the proper working of the Application or any third-party participation in the Application; or (iii) bypasses Medtalks' measures that are used to prevent or restrict access to the Application.
  • You agree not to collect or harvest any personally identifiable data, including without limitation, names or other Account information, from the Application, nor to use the communication systems provided by the Application for any commercial solicitation purposes.

If you do not meet, or are unable to comply with, any of the above-referenced membership eligibility criteria or Account Policies, please do not use the Application. Should Medtalks find that you violated the terms of the membership eligibility criteria or any other terms stated herein, Medtalks reserves the right, at its sole discretion, to immediately terminate your use of the Application as well as initiate appropriate legal proceedings, if necessary.

3. ADDITIONAL POLICIES

Your access to, use of, and participation in the Application is subject to the Terms of Use and all applicable Medtalks regulations, guidelines and additional policies that Medtalks may set forth from time to time, including without limitation, a copyright policy and any other restrictions or limitations that Medtalks publishes on the Application (the "Additional Policies"). You hereby agree to comply with the Additional Policies and your obligations thereunder at all times. You hereby acknowledge and agree that if you fail to adhere to any of the terms and conditions of this Agreement or documents referenced herein, including the Account Policies, membership eligibility criteria or Additional Policies, Medtalks, in its sole discretion, may terminate your Account at any time without prior notice to you as well as initiate appropriate legal proceedings, if necessary. You agree to be ‘opted-in’ for all promotional and transactional emails/SMS from Medtalks.com and eMediNews .

C. Member Conduct

1. PROHIBITIONS ON SUBMITTED CONTENT
    You shall not upload, post, transmit, transfer, disseminate, distribute, or facilitate distribution of any content, including text, images, video, sound, data, information, or software, to any part of the Application, including your profile ("Profile") unless it is your public profile URL, or the posting of any opinions or reviews in connection with the Application, the Service, ("Feedback") (all of the foregoing content is sometimes collectively referred to herein as "Submitted Content" and the posting of Submitted Content is sometimes referred to as a "Posting" or as "Postings") that:
  • ›misrepresents the source of anything you post, including impersonation of another individual or entity or any false or inaccurate biographical information; provides or create links to external sites that violate the Terms of Use; is intended to harm or exploit any individual under the age of 18 ("Minor") in any way; is designed to solicit, or collect personally identifiable information of any Minor, including, but not limited to, name, email address, home address, phone number, or the name of his or her school.
  • ›invades anyone's privacy by attempting to harvest, collect, store, or publish private or personally identifiable information, such as names, email addresses, phone numbers, passwords, account information, credit card numbers, home addresses, or other contact information without their knowledge and willing consent.
  • ›contains falsehoods or misrepresentations that could damage
  • ›is pornographic, harassing, hateful, illegal, obscene, defamatory, libellous, slanderous, threatening, discriminatory, racially, culturally or ethnically offensive; incites, advocates, or expresses pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism, or gratuitous violence; encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; promotes racism, hatred or physical harm of any kind against any group or individual; contains nudity, violence or inappropriate subject matter; or is otherwise inappropriate;
  • ›is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post the material and to grant Medtalks all of the license rights granted herein;
  • ›contains or promotes an illegal or unauthorized copy of another person's copyrighted work, such as pirated computer programs or links to them, information to circumvent manufacture installed copy-protection devices, pirated music or links to pirated music files, or lyrics, guitar tabs or sheet music, works of art, teaching tools, or any other item the copy, display, use, performance, or distribution of which infringes on another's copyright, intellectual property right, or any other proprietary right;
  • ›is intended to threaten, stalk, defame, defraud, degrade, victimize, or intimidate an individual or group of individuals for any reason on the basis of age, gender, disability, ethnicity, sexual orientation, race, or religion; or to incite or encourage anyone else to do so;
  • ›intends to harm or disrupt another user's computer or would allow others to illegally access software or bypass security on Applications or servers, including but not limited, to spamming; impersonates, uses the identity of, or attempts to impersonate an Medtalks employee, agent, manager, host, another user, or any other person though any means;
  • ›advertises or solicits a business not related to or appropriate for the Application (as determined by Medtalks in its sole discretion);
  • ›contains or could be considered "junk mail", "spam", "chain letters", "pyramid schemes", "affiliate marketing", or unsolicited commercial advertisement;
  • ›contains advertising for Ponzi schemes, discount cards, credit counselling, online surveys or online contests;
  • ›distributes or contains viruses or any other technologies that may harm Medtalks, or the interests or property of Medtalks users;
  • ›contains links to commercial services or Applications, except as allowed pursuant to the Terms of Use;
  • ›is non-local or irrelevant content;
  • ›contains identical content to other open Postings you have already posted; or uses any form of automated device or computer program that enables the submission of Postings without the express written consent of Medtalks.
2. PROHIBITIONS ON SENDING MESSAGES
    You will not send messages to other users containing:
  • › unsolicited advertising or marketing of a service not offered on the Application or an external Application.
  • › Content which falls afoul of the guidelines set out above for Submitted Content.
3. NO DISCRIMINATION
  • › Discriminatory Postings. Indian laws prohibit any preference, limitation or discrimination based on race, colour, religion, sex, national origin, age, handicap or other protected class. Medtalks will not knowingly accept any Posting which is in violation of the law. Medtalks has the right, in its sole discretion and without prior notice to you; to immediately remove any posting that discriminates or is any way in violation of any law.
  • › PROHIBITIONS WITH RESPECT TO SERVICES While using the Application, you shall not:
  • (a) post content or items in any inappropriate category or areas on the Application;
  • (b) violate any laws, third-party rights, Account Policies, or any provision of the Terms of Use, such as the prohibitions described above;
  • (c) take any action that may undermine the Feedback or ratings systems (such as displaying, importing or exporting Feedback information off of the Application or using it for purposes unrelated to the Application);

D. Use of Submitted Content

1. NO CONFIDENTIALITY

The Application may now or in the future permit the submission of videos or other communications submitted by you and other users, including without limitation, your Profile, and all Submitted Content, and the hosting, sharing, and/or publishing of such Submitted Content. You understand that whether or not such Submitted Content is published, Medtalks does not guarantee any confidentiality with respect to any Submitted Content.

You agree that any Submitted Content provided by you for which you authorize to be searchable by Registered Users who have access to the Application is provided on a non-proprietary and non confidential basis. You agree that Medtalks shall be free to use or disseminate such freely searchable Submitted Content on an unrestricted basis for the purpose of providing the Services.

You are aware that any information provided by you in the Submitted Content towards a professional who ordinarily is bound to maintain confidentiality under law with his/her client is not extended to Medtalks.

Medtalks may also disclose user information including personal information if Medtalks reasonably believes that disclosure (i) is necessary in order to comply with a legal process (such as a court order, search warrant, etc.) or other legal requirement of any governmental authority, (ii) would potentially mitigate Medtalks’ liability in an actual or potential lawsuit, (iii) is otherwise necessary or appropriate to protect our rights or property, or the rights or property of any person or entity, (iv) to enforce this Agreement or (v) as may be required or necessary to deter illegal behaviour (including, but not limited to, fraud).

2. YOUR REPRESENTATIONS AND WARRANTIES

You shall be solely responsible for your own Submitted Content and the consequences of posting or publishing it. In connection with Submitted Content, you affirm, represent, and/or warrant that: (a) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Medtalks to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Submitted Content to enable inclusion and use of the Submitted Content in the manner contemplated by the Application and these Terms of Use; and (b) you have the written consent, release, and/or permission of each and every identifiable individual person in the Submitted Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Submitted Content in the manner contemplated by the Application and these Terms of Use. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Submitted Content posted by you to or through the Application.

3. YOUR OWNERSHIP RIGHTS AND LICENSE TO MEDTALKS

You retain all of your ownership rights in your Submitted Content. However, by submitting the Submitted Content to Medtalks for posting on the Application, you hereby grant, and you represent and warrant that you have the right to grant, to Medtalks a perpetual, worldwide, non-exclusive, royalty-free, sub-licenseable and transferable license to link to, use, reproduce, distribute, reformat, translate, prepare derivative works of, display, and perform the Submitted Content in connection with the Application and Medtalks’ (and its successor's) business operations, including without limitation, for the promotion and redistribution of any part or all of the Application, and any derivative works thereof, in any media formats and through any media channels. You also hereby grant each user of the Application a non-exclusive license to access your Submitted Content through the Application, and to use, reproduce, distribute, prepare derivative works of, display and perform such Submitted Content as permitted through the functionality of the Application and under these Terms of Use. The foregoing license granted by you terminates once you remove or delete the Submitted Content from the Application.

You acknowledge and understand that the technical processing and transmission of the Application, including your Submitted Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You may remove your Submitted Content from the Application at any time.

4. MEDTALKS’ DISCLAIMERS AND RIGHT TO REMOVE

(a) Medtalks does not endorse any Submitted Content or any opinion, recommendation, or advice expressed therein, and Medtalks expressly disclaims any and all liability in connection with all Submitted Content. Medtalks does not permit copyright infringing activities and infringement of intellectual property rights on the Application, and Medtalks will remove any Data (as defined below) or Submitted Content if properly notified, that such Posting or Submitted Content infringes on another's intellectual property rights. Medtalks reserves the right to remove any Data or Submitted Content without prior notice. Medtalks will also terminate a user's access to the Application, if he or she is determined to be a repeat infringer. A repeat infringer is an Application user who has been notified of infringing activity more than twice and/ or has had Submitted Content removed from the Application more than twice. Medtalks also reserves the right, in its sole and absolute discretion, to decide whether any Data or Submitted Content is appropriate and complies with these Terms of Use for all violations, in addition to copyright infringement and violations of intellectual property law, including, but not limited to, pornography, obscene or defamatory material, Medtalks may remove such Submitted Content and/or terminate a user's access for uploading such material in violation of these Terms of Use at any time, without prior notice and in its sole discretion.

(b) You acknowledge and understand that when using the Application, you will be exposed to Submitted Content from a variety of sources, and that Medtalks is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submitted Content. You further acknowledge and understand that you may be exposed to Submitted 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 Medtalks with respect thereto, and agree to indemnify and hold Medtalks, its owners, members, managers, operators, directors, officers, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Application.

(c) You are solely responsible for the photos, profiles and other content, including, without limitation, Submitted Content that you publish or display on or through the Application, or transmit to other Application users. You understand and agree that Medtalks may, in its sole discretion and without incurring any liability, review and delete or remove any Submitted Content that violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Application users or others.

5. SUGGESTIONS.

If you send or transmit any communications, comments, questions, suggestions, or related materials to Medtalks, whether by letter, email, telephone, or otherwise (collectively, "Suggestions"), suggesting or recommending changes to the Application, including, without limitation, new features or functionality relating thereto, all such Suggestions are, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and Medtalks is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Suggestions, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Suggestions. You understand and agree that Medtalks is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Suggestions, and you have no right to compel such use, display, reproduction, or distribution or seek recognition if the Suggestions are in fact implemented.

E. Modifications to or Termination of Application

1. MODIFICATION OR CESSATION OF APPLICATION

Medtalks reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Application (or any part thereof) with or without notice and in its sole discretion. You agree that Medtalks shall not be liable to you or to any third party for any modification, suspension or discontinuance of Medtalks services.

2. TERMINATION BY MEDTALKS

You hereby acknowledge and agree that Medtalks, in its sole and absolute discretion, has the right (but not the obligation) to delete, terminate, or deactivate your Account, block your email or IP address, cancel the Application or otherwise terminate your access to or participation in the use of the Application (or any part thereof), or remove and discard any Submitted Content on the Application ("Termination of Service"), immediately and without notice, for any reason, including without limitation, Account inactivity or if Medtalks believes or has reason to believe that you have violated any provision of the Terms of Use.

3. TERMINATION BY YOU

You may cancel your use of the Application and/or terminate the Terms of Use with or without cause at any time by following the link in your Account.

4. EFFECT OF TERMINATION

Upon termination of your Account, your right to participate in the Application shall automatically terminate. In the event of Termination of Service, your Account will be disabled and you may not be granted access to your Account or any files or other data contained in your Account. Notwithstanding the foregoing, residual data may remain in the Medtalks system.

Unless Medtalks has previously cancelled or terminated your use of the Application (in which case subsequent notice by Medtalks shall not be required), if you provided a valid email address during registration, Medtalks will notify you via email of any such termination or cancellation, which shall be effective immediately upon Medtalks’ delivery of such notice.

Upon Termination of Service, the following shall occur: all licenses granted to you hereunder will immediately terminate; and you shall promptly destroy all copies of Medtalks Data (as defined below), Marks (as defined below) and other content in your possession or control. You further acknowledge and agree that Medtalks shall not be liable to you or any third party for any termination of your access to the Application. Upon Termination of Service, Medtalks retains the right to use any data collected from your use of the Application for internal analysis and archival purposes, and all related licenses you have granted Medtalks hereunder shall remain in effect for the foregoing purpose. In no event is Medtalks obligated to return any Submitted Content to you. Sections which survive expiry of this Agreement or termination of the Application/Account shall continue to survive.

You agree to indemnify and hold Medtalks, and its officers, managers, members, affiliates, successor, assigns, directors, agents, service professionals, suppliers, and employees harmless from any claim or demand, including reasonable attorneys' fees and court costs, made by any third party due to or arising out of the Termination of Service.

F. Intellectual Property Rights

1. MEDTALKS OWNS OR HOLDS THE LICENSES TO ALL DATA AND MARKS ON THE APPLICATION

The content on the Application (exclusive of all Submitted Content), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Data") and the trademarks, service marks and logos contained therein ("Marks"), are owned by Medtalks. Other trademarks, names and logos on this Application are the property of their respective owners.

Data on the Application is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Medtalks reserves all rights not expressly granted in and to the Application and the Data. You agree not to use, copy, or distribute, any of the Data other than as expressly permitted herein, including any use, copying, or distribution of Submitted Content obtained through the Application for any commercial purposes. If you download or print a copy of the Data for personal use, you must retain all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security features of the Application or features that prevent or restrict use or copying of any Data or enforce limitations on use of the Application or the Data therein.

2. MEDTALKS’ LICENSE TO YOU FOR THE USE OF DATA AND MARKS

The Application contains Medtalks’ Data and Marks, which are, or may become, protected by copyright, trademark, patent, trade secret and other laws, and Medtalks owns and retains all rights in the Medtalks Data and Marks. Subject to these Terms of Use, Medtalks hereby grants you a limited, revocable, non-transferable, non-sub licensable license to reproduce and display the Medtalks Data (excluding any software source code) solely for your personal use in connection with accessing and participating in the Application.

The Application may also contain Data of other users or licensors, which you shall not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell.

3. INJUNCTIVE RELIEF

Without affecting any other rights or remedies that Medtalks may have, you acknowledge that Medtalks may be irreparably harmed by any breach of the terms of this Section and that damages alone may not necessarily be an adequate remedy. Accordingly, you hereby acknowledge that injunctive relief, specific performance or other equitable relief or without proof of actual damages in favour of Medtalks may be an appropriate and necessary remedy for any threatened or actual breach of the terms of this Section.

G. Medtalks Services and Fees

Medtalks has a free, sponsored and paid component. It will provide lectures, courses, webinars, text, updates, news and other education content which can either be purchased by individuals or watched for free.

H. Disputes

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NO AGENCY OR PARTNERSHIP

No agency, partnership, joint venture, or employment is created as a result of the Terms of Use or your use of any part of the Application. You do not have any authority whatsoever to bind Medtalks in any respect. Neither Medtalks nor any users of the Application may direct or control the day-to-day activities of the other, or create or assume any obligation on behalf of the other.

Subject to the provisions regarding disputes between Application participants, your interactions with individuals and/or organizations found on or through the Application, any other terms, conditions, warranties or representations associated with such interactions or dealings, are solely between you and such individual or organization. You should take reasonable precautions and make whatever investigation or inquiries you deem necessary or appropriate before proceeding with any interactions with any third party.

You understand that deciding whether to use information contained in any Submitted Content, including, without limitation, Postings, and/or Feedback, is your personal decision for which you alone are responsible. You understand that Medtalks does not warrant and cannot make representations as to the suitability of any individual you may decide to interact with on or through the Application and/or the accuracy or suitability of any advice, information, or recommendations made by any individual.

NOTWITHSTANDING THE FOREGOING, YOU AGREE THAT MEDTALKS only seeks to CREATE AN ONLINE PORTAL WHICH SEEKS TO CREATE AN ONLINE COMMUNITY OF HEALTHCARE PROFESSIONALS AND PROVIDE THE MEMBERS UP TO DATE AND CONTINUOUS INFORMATION WITH RESPECT TO THE DEVELOPMENTS IN THE FIELD OF MEDICAL SCIENCES. YOU AGREE THE PROVISION OF SERVICES ON THE ONLINE PORTAL IS PURELY FOR EDUCATIONAL AND INFORMATIONAL PURPOSES AND NOTHING ON THE APPLICATION IS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE. MEDTALKS SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT WHATSOEVER INCURRED AS THE RESULT OF RELIANCE ON ANY OF THE SERVICES. IF THERE IS A DISPUTE BETWEEN PARTICIPANTS ON THE APPLICATION, OR BETWEEN REGISTERED USERS OR ANY APPLICATION USER AND ANY THIRD PARTY, YOU ACKNOWLEDGE AND AGREE THAT MEDTALKS IS UNDER NO OBLIGATION TO BECOME INVOLVED. IN THE EVENT THAT A DISPUTE ARISES BETWEEN YOU AND ONE OR MORE APPLICATION USERS, REGISTERED USERS OR ANY THIRD PARTY, YOU HEREBY RELEASE MEDTALKS, ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AGENTS, AND SUCCESSORS IN RIGHTS FROM ANY CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, FORESEEABLE OR UNFORESEEABLE, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO SUCH DISPUTES AND/OR THE APPLICATION OR ANY SERVICE PROVIDED THEREUNDER.

DISPUTE RESOLUTION

If a dispute arises between you and Medtalks, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Medtalks hereby agree that we will resolve any claim or controversy at law and equity that arises out of the Terms of Use or the Application in accordance with this Section or as we and you otherwise agree in writing. Before resorting to the filing of a formal lawsuit, we strongly encourage you to first contact us directly to seek a resolution via e-mail at [admin@Medtalks.com]. The dispute shall be resolved through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. The arbitration shall be in English and at New Delhi and be governed by the provisions of the Arbitration and Conciliation Act, 1996.

GOVERNING LAW

The Terms of Use shall be governed in all respects by the laws of India and any legal proceeding arising out of this Agreement will occur exclusively in the courts located in New Delhi, India.

I. Advertisements

Aspects of the Application and other Medtalks services may be supported by advertising revenue. As such, Medtalks may display advertisements and promotions on the service. The manner, mode and extent of advertising by Medtalks on the Application are subject to change and the appearance of advertisements on the Application does not necessarily imply endorsement by Medtalks of any advertised products or services. You agree that Medtalks shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of any such dealings or as the result of the presence of such advertisers on the Application.

J. Third-party Links, Contact Forms and Phone Numbers

The Application may provide, or third parties may provide, links, contact forms and/or phone numbers to other Applications or resources. Because Medtalks has no control over such sites and resources, you acknowledge and agree that Medtalks is not responsible for the availability of such external sites or resources, and is not responsible or liable for any content, advertising, products, goods or services on or available from such Applications or resources. Unless expressly stated on the Application, links to third-party sites should in no way be considered as or interpreted to be Medtalks’ endorsement of such third-party sites or any product or service offered through them. You further acknowledge and agree that Medtalks shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, product, goods or services available on or through any such Application or resource. The Third-party Application may have different privacy policies and terms and conditions and business practices than Medtalks. In certain situations, you may be transferred to a Third-party Application through a link or connected to a Third-party resource by a contact form or phone but it may appear that you are still on this Application or transacting with Medtalks. In these situations, you acknowledge and agree that the Third-party Application terms and conditions and privacy policy apply in this situation. Your dealings and communications through the Application with any party other than Medtalks are solely between you and such third party. Any complaints, concerns or questions you have relating to materials provided by third parties should be forwarded directly to the applicable third party.

K. Disclaimer of Warranties

YOU AGREE THAT YOUR USE OF THE APPLICATION SHALL BE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, AND MEDTALKS AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROFESSIONALS, SUPPLIERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND MAKE NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS APPLICATION, THE SERVICES OFFERED ON OR THROUGH THIS APPLICATION, ANY DATA, MATERIALS, SUBMITTED CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS APPLICATION, INCLUDING WITHOUT LIMITATION THE MATERIALS, DATA AND SUBMITTED CONTENT OF OTHER USERS OF THIS SITE OR OTHER THIRD PARTIES. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS APPLICATION, THE SERVICES OFFERED ON OR THROUGH THIS APPLICATION, DATA, MATERIALS, SUBMITTED CONTENT, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS APPLICATION IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" AND "WHEREIS" BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. MEDTALKS DOES NOT PROVIDE ANY WARRANTIES AGAINST ERRORS, MISTAKES, OR INACCURACIES OF DATA, CONTENT, INFORMATION, MATERIALS, SUBSTANCE OF THE APPLICATION OR SUBMITTED CONTENT, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE APPLICATION BY ANY THIRD PARTY, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE APPLICATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY DATA, CONTENT, INFORMATION, MATERIALS, SUBSTANCE OF THE APPLICATION OR SUBMITTED CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE APPLICATION. MEDTALKS DOES NOT ENDORSE, WARRANT, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE APPLICATION OR ANY HYPERLINKED SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISEMENT. MEDTALKS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY PARTY, INCLUDING THIRD PARTY SERVICE PROFESSIONALS OF PRODUCTS OR SERVICES. AS WITH THE USE OF ANY PRODUCT OR SERVICE, AND THE PUBLISHING OR POSTING OF ANY MATERIAL THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

L. Limitations of Liability

1. IN NO EVENT SHALL MEDTALKS, OR ITS RESPECTIVE OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROFESSIONALS, SUPPLIERS, ATTORNEYS OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE) WHATSOEVER RESULTING FROM ANY (I) ACCESS TO OR USE OF THE APPLICATION OR ANY SERVICES OFFERED VIA THE APPLICATION; (II) ERRORS, MISTAKES, OR INACCURACIES OF DATA, MARKS, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE APPLICATION OR SUBMITTED CONTENT; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE APPLICATION BY ANY THIRD PARTY; (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE APPLICATION; (VI) ANY ERRORS OR OMISSIONS IN ANY DATA, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE APPLICATION OR SUBMITTED CONTENT; (VII) ANY FAILED NEGOTIATIONS FOR A SERVICE, ANY DISPUTES THAT ARISE DURING OR AFTER THE NEGOTIATION OF A SERVICE OR THE FORMATION OF A CONTRACT FOR A SERVICE, OR ANY OTHER DISPUTE THAT ARISES BETWEEN USERS OF THE APPLICATION; (VIII) ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY OR USER; OR (IX) ANY USE OF ANY DATA, MARKS, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE APPLICATION OR SUBMITTED CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE APPLICATION, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MEDTALKS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

2 IN NO EVENT SHALL THE TOTAL, AGGREGATE LIABILITY OF MEDTALKS, OR ANY OF THE ABOVE-REFERENCED RESPECTIVE PARTIES, ARISING FROM OR RELATING TO THE APPLICATION, AND/OR SUBMITTED CONTENT EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO MEDTALKS BY YOU HEREUNDER.

YOU HEREBY ACKNOWLEDGE AND AGREE THAT MEDTALKS SHALL NOT BE LIABLE FOR SUBMITTED CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY OR USER AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU FURTHER ACKNOWLEDGE AND AGREE THAT MEDTALKS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE) WHATSOEVER RESULTING FROM OR RELATING TO ANY CONTRACT BETWEEN APPLICATION USERS ENTERED INTO INDEPENDENTLY OF THE APPLICATION.

THE APPLICATION MAY CONTAIN LINKS TO THIRD-PARTY APPLICATIONS THAT ARE NOT OWNED OR CONTROLLED BY MEDTALKS. MEDTALKS DOES NOT HAVE ANY CONTROL OVER, AND ASSUMES NO RESPONSIBILITY FOR, THE CONTENT, PRIVACY POLICIES, OR PRACTICES OF ANY THIRD-PARTY APPLICATIONS. IN ADDITION, MEDTALKS WILL NOT AND CANNOT CENSOR OR EDIT THE CONTENT OF ANY THIRD-PARTY SITE. BY USING THE APPLICATION, YOU EXPRESSLY RELIEVE MEDTALKS FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRDPARTY APPLICATION. ACCORDINGLY, PLEASE BE ADVISED TO READ THE TERMS AND CONDITIONS AND PRIVACY POLICY OF EACH THIRD-PARTY APPLICATION THAT YOU VISIT, INCLUDING THOSE DIRECTED BY THE LINKS CONTAINED ON THE APPLICATION.

3. FORCE MAJEURE

Neither Medtalks nor you shall be liable to the other for any delay or failure in performance under the Terms of Use arising out of a cause beyond its control and without its fault or negligence. Such causes may include, but are not limited to fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, acts of God, acts of declared or undeclared war, acts of regulatory agencies, or national disasters.

M. Indemnification and Release

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS MEDTALKS, AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE

PROFESSIONALS, SUPPLIERS, AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS' FEES) ARISING FROM YOUR USE OF, ACCESS TO, AND PARTICIPATION IN THE APPLICATION; YOUR VIOLATION OF ANY PROVISION OF THE TERMS OF USE, INCLUDING THE PRIVACY POLICY; YOUR VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, PROPRIETARY, INTELLECTUAL PROPERTY, OR PRIVACY RIGHT; OR ANY CLAIM THAT YOUR SUBMITTED CONTENT CAUSED DAMAGE TO A THIRD PARTY. THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THESE TERMS OF SERVICE AND YOUR USE OF THE APPLICATION.

IF YOU HAVE A DISPUTE WITH ONE OR MORE APPLICATION USERS, YOU FOREVER RELEASE MEDTALKS (AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROFESSIONALS, SUPPLIERS, AGENTS, SUBSIDIARIES, AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE APPLICATION AND/OR ANY SUBMITTED CONTENT.

THE TERMS OF USE, AND ANY RIGHTS AND LICENSES GRANTED HEREUNDER, MAY NOT BE TRANSFERRED OR ASSIGNED BY YOU, BUT MAY BE ASSIGNED BY MEDTALKS WITHOUT RESTRICTION.

N. No Third-party Beneficiaries

You agree that, except as otherwise expressly provided in the Terms of Use, there shall be no third-party beneficiaries to the Terms of Use.

O. Notice

You agree that Medtalks may provide you with notices, including those regarding changes to the Terms of Use, by email, regular mail, or postings on the Application.

P. General Information

1. ENTIRE TERMS OF USE

The Terms of Use, together with the Privacy Policy and any other legal notices or Additional Policies published by Medtalks on the Application, shall constitute the entire agreement between you and Medtalks concerning the Application. If any provision of the Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect.

No waiver of any provision of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Medtalks’ failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

2. SECTION HEADINGS

The section headings in the Terms of Use are for convenience only and have no legal or contractual effect.