TERMS & CONDITIONS
The parties referred to in these Terms of Service shall be defined as follows:
- a) Owner, Us, We: The Owner, as the creator, operator, and publisher of the Website, makes the Website, and certain Services on it, available to users. eNext ICU, Owner, Us, We, Our, Ours and other first-person pronouns will refer to the Owner, as well as all employees and affiliates of the Owner.
- b) You, the ‘User, the Client: You, as the user of the Website, will be referred to throughout these Terms of Service with second-person pronouns such You, Your, yours, or as User or Client. For the purpose of these Terms of Service, the term “User” or “you” shall mean any natural or legal person who is accessing the Website. The term you are’ shall be construed accordingly.
- c) Parties: Collectively, the parties to these Terms of Service (the Owner and You) will be referred to as Parties.
2) ASSENT & ACCEPTANCE
By using the Website, You warrant that you have read and reviewed these Terms of Service and that you agree to be bound by it. If you do not agree to be bound by these Terms of Service, please leave the Website immediately. The Owner only agrees to provide use of this Website and Services to you if you assent to these Terms of Service. Further, based on the Services obtained by a User, additional terms and conditions in respect of the specific Services may apply, which shall be deemed an agreement between the Users and the Owner.
3) AGE RESTRICTION
You must be at least 18 (eighteen) years of age to use this Website or any Services contained herein. By using this Website, You represent and warrant that you are at least 18 years of age and may legally agree to these Terms of Service. The Owner assumes no responsibility or liability for any misrepresentation of your age.
4) ABOUT THE SITE
The website is about the innovative healthcare services which carries out the sales of the following services like telemedicine solutions, Tele-health solutions and Simulation based trainings.
The Website does not screen or censor the users who register on and access the Website. You assume all risks associated with dealing with other users with whom you come in contact through the Website. You agree to use the Website only for lawful purposes without infringing the rights or restricting the use of this Website by any third party. The information displayed on this website are for reference purposes only & do not purport to a legal document.
5) LICENSE TO USE WEBSITE
The Owner may provide you with certain information as a result of your use of the Website or Services. Such information may include, but is not limited to, documentation, data, or information developed by the Owner, and other materials which may assist in your use of the Website or Services (‘Owner Materials’). Subject to these Terms of Service, the Owner grants you a non-exclusive, limited, non-transferable and revocable license to use the Owner Materials solely in connection with your use of the Website and Services. The Owner Materials may not be used for any other purpose and this license terminates upon. Your cessation of use of the Website or Services or at the termination of these Terms of Service.
Any unauthorized use by you shall terminate the permission or license granted to you by the Website and you agree that you shall not bypass any measures used by the Owner to prevent or restrict access to the Website.
6) INTELLECTUAL PROPERTY
You agree that the Website and all Services provided by the Owner are the property of the Owner, including all copyrights, trademarks, trade secrets, patents and other intellectual property (‘Owner IP”). You agree that the Owner owns all right, title and interest in and to the Owner IP and that you will not use the Owner 1P for any unlawful or infringing purpose. You agree not to reproduce or distribute the Owner IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from the Owner.
7) USER OBLIGATIONS
As a user of the Website or Services, You may be asked to register to avail the services. When you do so, you provide personal information, including, your name, email, contact details, qualification, past hospital experience, your address etc. You are responsible for ensuring the accuracy of this information. This identifying information will enable you to use our Services& products. You must not share such identifying information with any third party and if you discover that your identifying information has been compromised, you agree to notify us immediately in writing. An email notification will suffice. You are responsible for maintaining the safety and security of your identifying information as well as keeping us apprised of any changes to your identifying information. The billing information you provide us, including credit card, billing address, and other payment information, is subject to the same confidentiality and accuracy requirements as the rest of your identifying information. Providing false or inaccurate information, or using the Website or Services to further fraud or unlawful activity is grounds for immediate termination of these Terms of Service. The Owner reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.
8) PAYMENT & FEES
When you register for any of the paid Services on this website, you agree to pay us the specific monetary amounts required for that service. ‘These monetary amounts (“Fees”) will be described to you during your account registration and/or confirmation process. The final amount required for payment will be shown to you immediately prior to purchase.
We reserve the right to refuse service on the website at our sole discretion to anyone for any reason at any time.
9) ACCEPTABLE USE
You agree not to use the Website or Services for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Website or Services in any way that could damage the Website, Services or general business of the Owner.
- a) You further agree not to use the Website or Services:
1) To harass, abuse, or threaten others or otherwise violate any person’s legal rights;
2) To violate any intellectual property rights of the Owner or any third party;
3) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
4) To perpetrate any fraud;
5) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
6) To publish or distribute any obscene or defamatory material;
7) To publish or distribute any material that incites violence, hate or discrimination towards any group;
8) To unlawfully gather information about others.
You are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to infringe on any third party’s intellectual property or proprietary rights, or rights of publicity or privacy, whether knowingly or unknowingly, (d) to violate any local, federal or international law, statute, ordinance or regulation; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information or any content which is defamatory, libelous, threatening, unlawful, harassing, indecent, abusive, obscene, or lewd and lascivious of pornographic, or exploits minors in any way or assists in human trafficking or content that would violate rights of publicity and/or privacy or that would violate any law; (9) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to damage, disable, overburden, or impair the Website or any other party’s use of the Website; (j) to spam, phish, pharm, pretext, spider, crawl, or scrape; for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the service or any related website, other websites, or the Internet; (I) to personally threaten or have the effect of personally threatening other Users. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses. The Company has the full authority to review all content posted by Users on the Website. You acknowledge that the Website is not responsible or liable and does not control the content of any information that may be posted to the Website by You or other User of the website and you are solely responsible for the same. You agree that You shall not upload, post, or transmit any content that you do not have a right to make available (such as, the intellectual property of another party).
You agree to comply with all applicable laws, statutes, and regulations concerning your use of the Website and further agree that you will not transmit any information, data, text, files, links, software, chats, communication or other materials that are abusive, invasive of another’s privacy, harassing, defamatory, vulgar, obscene, unlawful, false, misleading, harmful, threatening, hateful or racially or otherwise objectionable, including without limitation material of any kind or nature that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, provincial, national, or international law or regulation, or encourage the use of controlled substances.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You understand that each time you use the Website in any manner, you agree to these Terms. By agreeing to these Terms, you acknowledge that you are interested in availing and purchasing the Services that you have selected and consent to receive communications via phone or electronic records from the Website including e-mail messages telling you about products and services offered by the Website (or its affiliates and partners) and understanding your requirements. Communication can also be by posting any notices on the Website. You agree that the communications sent to you by the Website shall not be construed as spam or bulk under any law prevailing in any country where such communication is received.
11) PRIVACY INFORMATION
Through Your Use of the Website and Services, You may provide us with certain information. By using the Website or the Services, you authorize the Owner to use your information in India and any other country where we may operate.
- a) Information we may collect or receive: When you register for any service, you provide us with a valid email address and may provide us with additional information. Depending on how you use Our Website or Services, We may also receive information from external applications you use to access Our Website, or we may receive information through various web technologies, such as cookies, log files, clear gifs, web beacons, or others.
- b) How We Use Information: We use the information gathered from you to ensure your continued good experience on our website, including through email communication. We may also track certain of the passive information received to improve our marketing and analytics, and for this, we may work with third-party providers.
- c) How you can protect your Information: If you would like to disable our access to any passive information we receive from the use of various technologies, you may choose to disable cookies in your web browser. Please be aware that the Owner will still receive information about you that you have provided, such as your email address. If you choose to terminate your account, the Owner will store information about you for the following number of days: 365. After that time, it will be deleted.
12) SALE OF GOODS/SERVICES
The Owner may sell services or allow third parties to sell services on the Website. The owner undertakes to be as accurate as possible with all information regarding the services. You hereby release the Owner from any claims related to services sold by third parties.
13) REVERSE ENGINEERING & SECURITY
You agree not to undertake any of the following actions:
- a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website or Services,
- b) Violate the security of the Website or Services through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.
14) DATA LOSS
The Owner does not accept responsibility for the security of your account or content. You agree that Your Use of the Website or Services is at your own risk.
15) SPAM POLICY
You are strictly prohibited from using the Website or any of the Owner’s Services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
16) MODIFICATION & VARIATION
The Owner may, from time to time and at any time without notice to you, modify these Terms of Service. You agree that the Owner has the right to modify these Terms of Service or revise anything contained herein.
- a) To the extent any part or sub-part of these Terms of Service is held ineffective or invalid by any court of law, you agree that the prior, effective version of these Terms of Service shall be considered enforceable and valid to the fullest extent.
- b) You agree to routinely monitor these Terms of Service and refer to the Effective Date posted at the top of these Terms of Service to note modifications or variations. You further agree to clear your cache when doing so to avoid accessing a prior version of these Terms of Service. You agree that your continued use of the Website after any modifications to these Terms of Service is a manifestation of your continued assent to these Terms of Service.
- C) In the event that you fail to monitor any modifications to or variations of these Terms of Service, You agree that such failure shall be considered an affirmative waiver of your right to review the modified Agreement.
17) ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between the Parties with respect to any and all use of this Website. This Agreement supersedes and replaces all prior of contemporaneous agreements or understandings, written or oral, regarding the use of this Website.
18) SERVICE INTERRUPTIONS
The Owner may need to interrupt your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, but that the Owner shall have no liability for any damage or loss caused as a result of such downtime.
19) TERM, TERMINATION & SUSPENSION
The Owner may terminate these Terms of Service with you at any time for any reason, with or without cause. The Owner specifically reserves the right to terminate these Terms of Service if you violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of the Owner or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing/distributing illegal material.
20) NO WARRANTIES
You agree and understand that while the Website has made reasonable efforts to safeguard the Website, it cannot and does not ensure or make any representations that the Website or any of the information provided by you cannot be hacked by any unauthorized third parties. You specifically agree that the t the Website is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property rights. You specifically agree that the Website is not responsible for any content sent using and/or included in the Website by any third party.You will be solely responsible for any damages to your computer system or loss of data that results from the download of any information and/or material.
Though all efforts have been made to ensure the accuracy and correctness of the contents on this website, the same should not be construed as a statement of law or used for any legal purposes. In case of any ambiguity or doubts, users are advised to verify / check with the authorities concerned or the relevant record.
You accept all responsibility for, and hereby agree to indemnify and hold harmless the company from and against, any actions taken by you or by any person authorized to use your account, including without limitation, disclosure of passwords to third parties. By using the Website, you agree to defend, indemnify and hold harmless the indemnified parties from any and all liability regarding your use of the site or participation in any site’s activities. If you are dissatisfied with the Website, or the Services or any portion thereof, or do not agree with these terms, your only recourse and exclusive remedy shall be to stop using the site.
21) LIMITATION ON LIABILITY
The Owner is not liable for any damages that may occur to you as a result of your use of the Website or Services, to the fullest extent permitted by law. The maximum liability of the Owner arising from or relating to these Terms of Service.
22) GENERAL PROVISIONS:
- a) LANGUAGE: All communications made or notices given pursuant to these Terms of Service shall be in the English language.
- b) JURISDICTION, VENUE & GOVERNING LAW: Your use of the Website or Services, You agree that the Courts in Gurugram, Haryana shall have exclusive jurisdiction on any matter or dispute relating to or arising out of these Terms of Service, as well as any dispute of any kind that may arise between you and the Owner, with the exception of its conflict of law provisions.
- d) SEVERABILITY: If any part or sub-part of these Terms of Service is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such a condition, the remainder of these Terms of Service shall continue in full force.
- e) HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under these Terms of Service are for convenience and organization, only. Headings shall not affect the meaning of any provisions of these Terms of Service.
- f) NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency, partnership, or joint venture has been created between the Parties as a result of these Terms of Service. No Party has any authority to bind the other to third parties.
- g) ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under these Terms of Service, including e-mail or fax. For any questions or concerns, please email us at the following address: email@example.com