1) Acceptance of Terms
2. In consideration of your use of the Website, You agree :
- (a) To provide true, accurate, current and complete information about yourself complying with Clause 2 of this Terms and Conditions and as prompted in order to generate the login credentials;
- (b) To the responsibility of ensuring that You meet the required qualification while opting for the Pro Account (defined hereunder);
- (c) To maintain and promptly update your login credentials to keep it true, accurate, current and complete
- (d) And acknowledge that ABC is not responsible to ensure that You Conform to the eligibility criteria;;
- (e) To seek the consent of your parents/legal guardians before providing any Information about Yourself or Your parents and other family members on the ABC services.
- (f) That We are not responsible for any consequence that arises as a result of misuse of any kind of Our Services.
- 3. If You provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, We reserve the right to suspend or terminate your account and refuse any and all current or future use of the service.
- 4. This document is an electronic record in terms of the Information Technology Act, 2000 (“IT Act”), the rules thereunder as applicable, and the provisions pertaining to electronic records in various statutes as amended by the IT Act. This electronic record is generated by a computer system and does not require any physical or digital signatures.
- 5. You may access the Website or subscribe to the Services only for your personal use. The service as a whole is owned exclusively by ABC. You acknowledge that ABC is providing you with a revocable, limited, non-exclusive, and non-transferable license to use the features of the Website. You will upon logging into the Website as a regular user be entitled to view our limited free content as a demo of the offerings. You will get access to once you enroll as a Subscriber. You are advised to review this free content before taking the decision to proceed to subscribe to the Services as a Subscribed User as defined in clause 1.7.
- 6. By registering your e-mail address and/or phone number with Us, You consent to be contacted by us via phone calls, SMS notifications, and/or e-mails, in case of any subscription or Service updates.
- 7. You are entirely responsible for maintaining the security and confidentiality of your account as well as the login credentials to the account once you become a Subscribed User.
- 8. We will not be liable for any loss that you may incur because of someone else using your account, either with or without your knowledge. You may be held liable for any losses incurred by us or another party due to someone else using your account.
- 9. Due to the global nature of the Internet, You agree to comply with all applicable local laws, state specific laws, and regulation rules regarding use of the Website. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data and information, exported from India or the country in which you reside.
- 1. Persons who are "competent/capable" of contracting within the meaning of the Indian Contract Act, 1872 shall be eligible to register for ABC services and be a Registered User (defined hereunder). Persons who are minors are not eligible to register for Our Services. As a minor if you wish to use Our Services, such use shall be made available to you by your legal guardian or parents, who has agreed to these Terms. In the event a minor utilizes the ABC Website/Services, it is assumed that he/she has obtained the consent of the legal guardian or parents and such use is made available by the legal guardian or parents...
- 2. To register on our services for availing the Services (as defined in Clause 3.1 below) on an account login based paid subscription (“Subscriber”/ “Subscribed User”), You will be mandatorily required to either be a student (Complying with Clause 2.1) of modern medicine currently enrolled in a medical college recognized in India or a qualified medical professional registered with the Medical Council of India. To be eligible to become a Subscriber or Subscribed User, You will be required to give details to validate your eligibility by filling in all mandatory fields in the online Service subscription enrolment form. Subsequent to you completing all fields in the Service subscription form, you will have access to the free content or the Basic Plan in the capacity of Registered User and have the option to purchase a paid subscription of your choice. If you choose to purchase a paid subscription, you will be directed to the purchase page and select the Services and duration for which you wish to become a Subscribed User. Post registration, only once the payment has been received by ABC in full, will you attain the status of a Subscribed User or as Pro User. After the payment is complete, you will receive a confirmation email to the registered email id confirming your plan details and credentials for accessing the Platform.
3) Services of ABC(Airway, Breathing and Circulation)
- 2. As a “Registered User”, you are enrolled to the free plan by default and have the option to purchase a Pro Services Account (“Pro Account”) and become a Subscribed User. The benefits and features available under the Basic Plan and the Pro Account are available for your reference at https://medicozcommuity.com. If you have initially enrolled in the Basic Plan, You will have the option of upgrading the Service account to a Pro Account at any time by clicking on the “Subscribe” link or icon available as part of the Subscribed User account dashboard once the you log into Your Service account.
- 3. You agree that any Services provided by ABC may be subject to change at the discretion of ABC and ABC may add, remove or modify offerings to its existing scope of Services at such fees as will be solely determined by ABC.
- 4. ABC may at its discretion revise the amount payable in respect of existing offerings forming part of the Services that may be made available to you.
- 5. You agree that ABC may at any time and for any reason, terminate your access to whole or part of the Platform, or restrict or suspend Your access to your Subscribed User account, for any or no reason, with or without prior notice, and without any liability to you.
4) Subscriber Account, Password and Security
- 1. If you use wish to avail Services by creating a User account, you may be required to submit your phone number and/or email ID and choose a password which will be the only set of credentials basis which you will be granted access to the Platform and its Services. You are responsible for maintaining the confidentiality of your password and other credentials to access the Services. If there is any compromise to your account, you can change your password using the ‘forgot password’ functionality available on the login page used to access the Platform.
5) Third Parties
6) Payment Terms
- 1. Any payments made to ABC in respect of Services are subject to the payment terms of ABC as will be notified to you once You initiate the process to become a Subscribed User. The current existing payment schedules available to Subscribed Users are mentioned on the following webpage: https://www.medicozcommunity.com
- 2. The Fee including GST and any delivery charges payable in relation to delivery of hard copy or electronic versions of document based Study materials, if applicable, will be shown prior to completion of the online payment transaction.
- 3. In the unlikely event that, due to a technical error, the amount of the Fee displayed on the Platform is incorrect, ABC will notify You as soon as it reasonably can. If the correct amount of the Fee is higher than the amount displayed on the Platform, ABC will contact You through your registered e-mail address and/or phone number to notify You of the correct Fee. To avail all Services for the duration of Subscription, You may be required to remit any additional fees such that the correct Fee is paid by you.
- 4. ABC hereby notifies you that ABC uses third party payment gateway service providers to process payment made by you towards the Service subscription. It is hereby clarified that ABC will not be responsible for any payment failures or errors occurring due to technical issues at the bank’s end or issues arising from the third payment gateway and all such issues should be resolved directly between You and the banking or payment gateway partner concerned.
7) Online Subscription and Access Terms
- 1. Except as set out in the description of the subscription model available on the Platform, no additional study materials will be provided by ABC.
9) System Requirements
- 1. Please note that it is your responsibility to check that the computer or device you plan to use to access the subscription is compatible with the minimum specification requirement that relates to the subscription you are opting for. You acknowledge and accept that ABC cannot be held responsible for any technical problems with any systems, computers or devices You encounter following the commencement of the subscription.
2. Minimum System Requirements:
- 1. Android 4.4 - Non-rooted - DRM supported devices
- 2. We recommend the Latest version of Chrome. Other browsers may or may not be supported.
3. Minimum Internet Speed:
- 1. For other Services = 0.2Mbps
4. Recommended Internet Speed:
- 1. For other Services = 2Mbps
9) Modifications to Subscription
- 1. From time to time, ABC may make modifications, enhancements or issue clarifications (for example, clarification of doubt, interactive sessions) to the subscription, including but not limited to changes in Services, number of Services available, pricing and validity of Subscription duration.
10) Technical Support and Access
- 1. ABC does not warrant uninterrupted or error-free operation of the subscription
- 2. ABC is not obliged to offer you any technical support in relation to your subscription other than the specific support that has been included as part of the subscription plan you have opted for.
3. You also accept and acknowledge that ABC cannot be held responsible for any delay or
disruptions to your subscription as a result of such suspension or any of the following but
not limited to:
- 1. the operation of the internet and the World Wide Web, including but not limited to viruses;
- 2. any firewall restrictions that have been placed on your network or the computer You are using to access the Services;
- 3. failures of telecommunications links and equipment; or
- 4. updated browser issues
- 5. DRM protocols preventing playback of media
- 6. Not meeting standards any of the minimum system requirements as defined in clause 8.
11) Disclaimer of Warranties and Liabilities
- 1. We shall not be liable for any interference, virus, hacking, or any such consequence, caused by any network or internet service providers and failure of device manufacturers to support DRM protocols.
- 2. Any content posted on a third-party platform, by us or any authorized third party, shall be subject to the terms and conditions, and policies, of that third-party platform in addition to the terms and conditions set forth herein.
- 3. SUBJECT TO APPLICABLE LAWS, IN NO EVENT WILL ABC OR ITS EMPLOYEES’, OR ITS AGENTS’, PARTNERS, AND CONTRACTORS’, AGGREGATE LIABILITY ARISING FROM OR RELATED TO THE AFORESAID SERVICES TO YOU, EXCEED THE PAYMENTS ACTUALLY RECEIVED AND RETAINED BY ABC FROM YOU, FOR ANY AND ALL CAUSES OF ACTION BROUGHT BY YOU OR YOUR AGENTS. IN THE EVENT THAT YOU ARE NOT A SUBSCRIBED USER, ABC WILL NOT BE LIABLE TO YOU UNDER ANY CIRCUMSTANCES.
12) Disclaimer of Services
- 1. Any information provided to you through the Platform, should not be treated as medical advice, opinion, diagnosis, prescription, or treatment. You acknowledge that we have not been authorized or recognized by any regulatory body or medical council to give any sort of medical advice, opinion, diagnosis, prescription or treatment. You also understand that the Services provided to You shall not be construed as medical classes and ABC’s Services do not come within the purview of medical training as regulated and recognized by Medical Council of India or other regulatory bodies.
- 2. You acknowledge and agree that the suggestions and recommendation provided by us on the Platform, are only suggestions, and you may comply with it at your choice and option. ABC offers You various services via the Platform, to help You prepare for medical entrance examinations with customized support and assistance.
13) Data protection
14) ABC No Sharing Fair Usage Policy
- 1. ABC Pro account is meant to be used by only one user.
- 2. Sharing ABC Pro account credentials for both personal use and commercial purposes will result in account blockage without warning.
- 3. Apart from the Fair Usage Hours, we also track a number of other parameters to identify any form of sharing.
- 4. If a violation of this policy is identified, your account will get blocked and will not be reversed under any circumstances.
15) Prohibited Conduct
1. You agree that you shall not use the Services or the Website in order to host, display,
upload, modify, publish, transmit, update, distribute, share, store material. You are bound not
to cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate post,
publish or create derivative works from, transfer, or sell any information or software
obtained from the website. With our prior permission limited use may be allowed. For the
removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the
content for commercial or non-commercial purposes and unwarranted modification of data
and information within the content of the Website is not permitted.
- (a) in violation of any applicable law or regulation;
- (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property or proprietary rights of others or violate the privacy, publicity or other personal rights of others;
- (c) that belongs to another person and to which the user does not have any right to;
- (d) that is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, threatening, abusive or hateful or racially, ethnically objectionable, disparaging, relating encouraging money laundering or gambling or otherwise unlawful in any manner whatsoever;
- (e) that harms minors in any way;
- (f) that impersonate another person or entity;
- (g) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of ABC’s computer systems or site or ABC’s Users, customer’s computer systems or site;
- (h) threatens the unity, integrity, defence, security or sovereignty of India and any other countries, friendly relations with foreign states or of public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or insulting any other nation.
- 2. If you become aware of misuse of the Service by any person, please contact […………….com or call ………………….].
- 3. You shall not either as a regular browsing user, Basic Plan user, or as a Subscribed User use the Platform to either directly or indirectly either alone or with another third party disassemble, reverse engineer or decompile any part or whole of the Platform in order to get access or attempt to get access to the underlying software, source or proprietary technology which enables the Services or other functionalities of the Platform or do anything with an intent to create derivative works or competing platforms that provide same or similar services.
- 4. You shall not copy or record or make any attempt to copy or record part or whole of the Services or use the Services for further distribution any mode so as to commercially benefit from the Study Material or engage in any form of piracy.
16) Termination or Suspension of Account for Illegalities or suspected Illegalities
- 1. If there is a suspicion of untoward or illegal activity, we may suspend your account immediately and if required, debar all future access by you to the Platform.
- 2. ABC reserves the right to cancel any subscription it believes has been compromised, or is being used fraudulently, at its own discretion without any financial liability to You.
3. User’s account will be Blocked for the following reasons ( but not limited to):
- (a) If found suspicious (High/ Suspicious Activity))
- (b) Usage of Rooted/ Jailbroken Devices, Emulators, ChromeCast, Android TV, Amazon Fire 3)TV/ Smart TV/ Apple TV or any other virtual machines.
- (c) Screen Casting, Screen Recording, Screen Mirroring
- (d) Using a camera, phone or any other device to record any Platform content
- (e) Sharing ABC Screen Shots in Social Media or any other Network.
- (f) Sharing ABC Accounts Credentials with anyone
- (g) Usage of Multiple Devices (Other than up to Two Devices for Personal Use)
- (h) Abusing ABC and ABC Faculties
- (i) Try to sell ABC Pro Accounts and Contents on ABC
1. You acknowledge, consent and agree that ABC may access, preserve and disclose Your
account information if required to do so by law or in a good faith belief that such access,
preservation or disclosure is reasonably necessary to:
- (a) comply with legal process nationally or internationally;
- (b) enforce this Agreement;
- (c) respond to claims that any content violates the rights of third parties;
- (d) protect the rights, property or personal safety of ABC, its subscribers and the public;;
18) Security Components
- 1. You understand that ABC and software embodied within ABC and the Services you access may include security components that permit digital materials including the Study Materials to be protected, and that use of these Study Materials is subject to usage rules set by ABC. You shall not attempt to override, disable, circumvent or otherwise interfere with any such security components, encryptions and usage rules embedded into Website or the specific Services accessible through Your Service account.
19) Proprietary Rights
- 1. All materials on Website, including, without limitation, names, logos, trademarks, images, text, columns, graphics, photographs, illustrations, artwork, software and other elements (collectively, “Material”) are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by ABC. You acknowledge and agree that all Material on ABC is made available for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere in ABC, no Material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without ABC’s prior express written permission. You may not add, delete, distort, or otherwise modify the Material. Any unauthorized attempt to modify any Material, to defeat or circumvent any security features, or to utilize ABC or any part of the Material for any purpose other than its intended purposes is strictly prohibited.
20) ABC and Third Parties
- 1. All the tutors in the tutorial videos you access as part of the Services You use or subscribe for are independent third parties and not employees of ABC. The professional and technical information contained in the video tutorial are the sole responsibility of the Tutor. Even though ABC reviews content hosted as part of the Services on a best effort basis, ABC disclaims all warranties as regards the authenticity or correctness of information communicated to You by the tutors and ABC does not guarantee that the tutor videos contain updated information on the subject matter.
21) Trademark, Copyright and Restriction
- 1. ABC provides You with a single limited license to use and access Website and Materials hosted as part of the subscribed Services on devices which ABC has permitted access at the time of Your subscription to the Services for the limited purpose of accessing the tutorial or associated Study Materials online. The license is specifically personal, non-transferable, and non-exclusive. All content on website or the App, which is including, but not limited to, designs, text, graphics, images, information, logos, button icons, software, audio files and any other similar content are the exclusive and sole property of ABC.
- 2. All icons and logos are trademarks of and proprietary to ABC. The unauthorized copying, modification, use or publication of these marks is strictly prohibited
- 3. All material on the Platform, including images, illustrations, avideo clips and third-party licensed images are protected by copyrights, trademarks and other intellectual property rights. Material on Medicoz Community is solely for your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by e-mail or other electronic means, whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of ABC, modification of the Content, use of the Content on any other website, app or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited.
- 4. At all times, ABC and/or its licensors, remain the owner of the intellectual property in the tutorial, and the study materials. No Course and/or study materials or any part thereof may be reproduced, stored in a retrieval system or transmitted any form or by any means without the prior written permission of ABC.
22) Terms and Termination
- 1. This Agreement shall remain in full force and effect for so long as you use ABC. You may terminate your subscription at any time, for any reason, by contacting the Support channels as mentioned in Clause 15 .2. ABC however does not offer any refunds because of your termination or discontinuation of the Services. Any termination or Subscription modifications initiated by you are subject to the Policy as mentioned on this web page: https://www.medicozcommunity.com
23) Disclaimer of Warranties and Liability
1. All Content on the Services, included on or otherwise made available to You across all
mediums are provided on permitted number of views basis on a limited number of
whitelisted devices without any representation or warranties, express or implied except
otherwise specified in writing. Without prejudice to the forgoing paragraph, ABC does not
- i. Platform will be constantly available or;
- ii. The information made available through the Services on the Platform is complete,true or accurate.
- 2. ABC is not responsible to You for any data that You lose either (a) as a result of accessing the tutorial, or (b) as a result of accessing study materials, or (c) otherwise during the course of subscription. It is your responsibility to ensure that you regularly save and back up (i) all data which you hold on the computer from which you are accessing the Services and (ii) all data that you are inputting when completing a study module being offered.
- 3. ABC will not be held responsible for any delay or failure to comply with its obligations under these Terms if the delay or failure arises from any causes which is beyond ABC’s reasonable control.
24) Exclusions and Limitations
- 1. ABC Platform and Services are intended to be used within the jurisdiction of India only. Those who access or use ABC from other jurisdictions do so at their own volition and are responsible for compliance with the local law. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to you; all other provisions of these Terms remain in full force and effect.
1. You agree to defend, indentify and hold harmless ABC, its subsidiaries, affiliates,
subcontractors, officers, directors, employees, consultants, representatives and agents, from
and against any and all claims, damages, obligations, losses, liabilities, costs or expenses
(including but not limited to attorneys’ fees and costs) arising from:
- (i) your use of and access to the Website;
- (j) third party claims from Parties who rely on your representations to them basis the information made available through the Services;
- (l) Your violation of any third party right, including without limitation any copyright, property, or privacy right.
26) Additional Terms
- 1. We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Service or Platform (or any portion thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of website.
- 2. This Agreement and any rights and licenses granted here under, may not be transferred or assigned by you, but may be assigned by ABC without restriction.
- 4. The failure of ABC to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
- 5. These Terms are governed by the laws of India. Any matters arising under these terms shall be subject to the exclusive jurisdiction of courts located in Udupi.