A. Acceptance of Terms
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 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.
B. Membership and Accessibility
1. LICENSE TO ACCESS
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.
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
C. Member Conduct
1. PROHIBITIONS ON SUBMITTED CONTENT
2. PROHIBITIONS ON SENDING MESSAGES
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;
- (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
3. YOUR OWNERSHIP RIGHTS AND LICENSE TO MEDTALKS
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
(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.
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
3. TERMINATION BY YOU
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 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.
NO AGENCY OR PARTNERSHIP
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.
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
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.
3. FORCE MAJEURE
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
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.
N. No Third-party Beneficiaries
P. General Information
2. SECTION HEADINGS