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Welcome to medinindia.com portal’s Agreement (the
“Agreement”). This agreement sets forth the terms and conditions on which
dealing of the outsourcing service medinindia.com offers. Featuring herein are
tools for communicating in a global medical outsourcing place (the “Service”).
PLEASE READ THIS AGREEMENT CAREFULLY! Before you begin participating in or
using the site, medinindia.com requires that you read and accept the
medinindia.com user agreement ("agreement"). We believe that you, as a user,
have fully read and understood the following terms and conditions before using
medinindia.com services, and that you accept and agree to the terms and
conditions stated herein as applied to your use of the site. If you do not
agree to or accept all the terms of this agreement, you may not access or
otherwise use our site. medinindia.com at its sole discretion may at any point
of time amend this agreement by posting the new or amended terms on your Site.
Your continued use of the Site after such changes are posted will constitute
your agreement to such changed Agreement. This Agreement may not otherwise be
modified, except in writing consented to by both parties.
1. This Agreement (hereinafter referred to as the
"Agreement") explains the contractual agreement between medinindia and you
(“Hospitals,Clinics etc”, "you", "your") who agrees to the terms of this
Agreement by clicking "I Agree" at the end of the registration process. This
Agreement is made to be effective as of the date accepted by medinindia via a
return e-mail to you ("Effective Date") following your execution and submission
of this Agreement by clicking "I Agree" at the end of the registration process.
This Agreement governs your use of the medinindia Web Site (the "Web Site") and
transactions conducted through this Web Site including, but not limited to, the
billing and payment services described herein. We may revise these terms from
time to time, at our sole discretion, by updating this posting. Unless
otherwise provided below, the revised terms will take effect when they are
posted. Now, therefore, in consideration of the mutual covenants and agreements
of the parties’ contained herein and other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, the parties, intending
to be bound, hereby agree as follows:
1 CLICK "I AGREE" By using the Web Site and by entering your
password and clicking the "I Agree" button, you acknowledge your acceptance of
the terms and conditions of this Agreement and all revisions thereof. By
accepting the terms and conditions of this Agreement and completing the
registration process, you are simultaneously (i) registering as a "Registered
User" (as defined in Section 3), (ii) representing and warranting that you can
legally enter into this Agreement, and (iii) agreeing to the terms and
conditions of this Agreement. If you do not accept this Agreement, you are not
authorized to register and use the Web Site.
2. BACKGROUND The Web Site provides a venue for Patients who
want treatment and search for Medical Service Providers and also for Service
Providers to do their registry. Via the Web Site, we provide certain
information about our products, services and users, and certain other third
party information. We may add, delete, modify and/or discontinue the Web Site
or some or all of our services and information at any time without prior notice
to you.
In this Agreement:
“Content” means the information such as images, photographs, illustrations,
text and other materials amongst others provided by the Patient and the Medical
Providers etc.
“Registered User” means all individuals or entities who have
registered through the medinindia Web Site.
“Services” are those services sought by Patients and given
by Medical Service Providers as shall appear in the Web Site and/or as
described as being the services rendered by medinindia in this Agreement
specifically in Section 4 hereof.
“Service Patient” means a Registered User who wishes to
engage the treatment services of a Service Provider.
“Medical Service Provider” means a Registered User who
provides specific medical treatment and other health ailments to the
Patients.
3.1 Membership Eligibility Our Services are available to all those individuals
or patients who need our help for locating medical ailment. Therefore,
you can be a minor or major. One of the preliminary conditions of
membership with our site is that you should have completed the information
required on the Registration form when you log on. If at any stage you
have any query you can go through our help section or kindly send
us your query.
3.2 Membership approval Once you have accepted this
agreement, your completed Member Registration form shall be submitted to
medinindia.com research team. We shall then notify via E-mail if you have been
approved for membership or whether any additional information is required. It
is at the sole discretion of medinindia.com to refuse its services to any one
at any time. We at medinindia.com, while approving your membership, make no
assertions regarding one member or another.
Medinindia shall provide services to both Service Providers
and Service Patients. medinindia may add, delete, or modify some or all of the
Services at any time. We do not control the actual transactions between Service
Providers and Service Patients. Accordingly, we do not set or endorse: (i) the
price, contract terms, quality, conformance or legality of the services
offered; (ii) the ability of Service Patients or Service Providers to offer any
other type of working relationship; or (iii) the ability of Service Providers
to offer services and/or perform accordingly. We cannot and do not control
whether any Service Patient will complete the payment they offer. We are not
responsible for any transaction and/or contact, or the result of any such
transaction and/or contact made by and between Registered Users. From time to
time, we will provide features and services which either are or shall be set
forth in separate sections of the Web Site, which are subject to the terms of
this Agreement, but are also subject to the additional terms and pricing
specified on the Web Site. With respect to these features and services provided
on our Web Site, you will be charged, and agree to pay us any fees, as set
forth in separate sections of the Web Site detailing such features and
services.
5. SYSTEM INTEGRITY
You may not use any device, software or routine, including
but not limited to any viruses, trojan horses, worms, time bombs, cancelbots or
denial-of-service attacks, intended to damage or interfere with the proper
working of the Web Site or any transaction being conducted on our site, or to
surreptitiously intercept or expropriate any system, data or personal
information from the Web Site. You may not take any action that imposes an
unreasonable or disproportionately large load on our infrastructure, including
but not limited to "spam" or other such unsolicited mass e-mailing techniques.
6. INFORMATION PROVIDED ON THE WEB SITE
6.1 As a User, you will be allowed to post information, data
and text to publicly accessible and limited-access areas of the Site.
6.2 You also agree to all medinindia policies on the
release of contact information between users, as described herein and elsewhere
on the Web Site.
6.3 You are solely responsible for information that you post on our Web Site,
including but not limited to any posting or listing in any public message area
or through any e-mail feature. You grant us a non-exclusive, worldwide,
perpetual, royalty free, irrevocable right to exercise all copyright and
publicity rights with respect to this information. Your information must not:
(a) infringe any third party's rights, including but not limited to
intellectual property, publicity or privacy; (b) be defamatory, trade libelous,
threatening or harassing; nor (c) be obscene, indecent or contain pornography.
We do not endorse any information posted by Registered Users and we are not
liable for any such information posted on our site, including but not limited
to any information posted about you. We reserve the right to take any action
with respect to information posted on our site which we believe is appropriate
in our sole discretion with respect to such information, including but not
limited to termination of this Agreement. However, we cannot, nor do we,
control the information provided by you or other Registered Users or other
content providers which is made available through our system. By its very
nature, other people's information may be offensive, harmful, inaccurate, or in
some cases may be mislabeled or deceptively labeled. Information on the
medinindia Web Site is provided "AS IS" which may contain technical
inaccuracies or typographical errors.
6.4 The Web Site may contain links to third-party web sites
not under the control or operation of medinindia. When we provide links, we do
so only as a convenience and do not endorse and are not responsible for the
content of any linked site or any link contained in a linked site.
6.5 You agree to provide true, accurate and complete
information as prompted by the registration form, and maintain and update such
information to maintain its truth, accuracy and completeness. Whenever you post
any information on or to the Web Site (including but not limited to posting a
request for treatment , bidding on a medical service, and/or posting your
profile), you agree to provide true, accurate and complete information.
medinindia reserves the right to terminate your account upon the discovery that
the information you provided or posted is not complete or accurate.
7 YOUR RELATIONSHIP WITH HOSPITALS OR CLINICS ETC
Your correspondence with hospitals, clinics , doctors or
visitors to the Web Site, including the development and delivery of related
services, and any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and such hospitals,
clinics , doctors or visitors to the Web Site. You agree not to hold medinindia
liable for any loss or damage of any sort incurred as the result of any such
dealings or as the result of the presence of such hospitals, clinics ,
doctors or visitors to the Web Site.
8 RELATIONSHIP AND OBLIGATIONS OF PARTIES
8.1 Medinindia provides Medical Services for Registered
Users, including you and Patients. All parties are independent individuals
or other doctors vis-à-vis medinindia with respect to all matters arising
out of this Agreement.
8.2 medinindia is under no obligation to ensure the
timeliness, accuracy, completion or workmanship of any Assignment you give to a
Medical Provider.
8.3 You agree and understand that medinindia will not in any
way be involved in the terms and conditions of your contracting treatment
arrangement with any Service Provider and that any services for which you
engage a Service Provider are provided by and under separate agreement between
you and such Service Provider. Medinindia is not responsible for and will not
control the manner in which a Service Provider operates and is not involved in
the hiring, firing, discipline or working conditions of the Service Provider.
medinindia will not provide any Service Provider with any materials or tools
with which to complete any projects for which you engage a Service Provider.
Any problems, complaints or questions regarding the work environment,
performance or other terms and conditions of employment and/or contracting must
be resolved by and between you and any Service Provider you engage.
8.4 You agree that you will abide by any and all applicable
non-discrimination, employment, tax and other federal and state statute(s),
regulation or common law. You agree to hold harmless and indemnify medinindia
for any and all liability arising from a violation of any such statute,
regulation or common law.
8.5 You agree NOT to do any of the following while using the
Web Site:
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Violate any applicable law or regulation;
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Access, tamper with or use non-public or non-authorized
areas of the Web Site. Unauthorized individuals attempting to access these
areas of the Web Site may be subject to prosecution;
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Tamper with postings of other users and/or Registered Users;
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Post logos, seals or slogans from third parties on any part of the Web Site
unless they are provided by medinindia or an medinindia partner;
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Solicit or gather any user's and/or Registered User’s information available
from the Web Site, such as other users' and/or Registered Users’ names and
email addresses, for any commercial or business purposes or to transmit any
unsolicited advertising, "junk mail", "spam" or "chain letters;
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Do anything which would create or impose an unreasonable or disproportionately
large burden or load on the Web Site;
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Frame or link to the Web Site except as permitted in writing by medinindia;
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Impersonate or misrepresent your affiliation with any person or entity.
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Post false or misleading information about a product, service or service
request;
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Post or transmit any Content that infringes a third party's intellectual
property rights or rights of publicity or privacy;
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Post or transmit any Content that is unlawful, untrue, fraudulent, harassing,
libelous, defamatory, abusive, tortious, threatening, pornographic, harmful
(including but not limited to viruses, corrupted files, or any other similar
software or programs), overly disparaging or deprecating of medinindia or other
users or otherwise objectionable;
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Repeat any action after you receive warning or request to desist from
medinindia, whether or not that action is explicitly stated in policies. This
includes continuing to use the medinindia service under the same account, a
different account or reregistering under a new account after your membership
has been temporarily suspended, indefinitely suspended or terminated.
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Fail to respond to an email from medinindia regarding violation, dispute or
complaint.
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8.6 You must safeguard the User ID and password you use to
access this Web Site. You authorize us to assume that any person using the Web
Site with your User ID and password either is you or is authorized to act for
you.
THIRD PARTY CONTENT, VERIFICATION AND MONITORING
Medinindia is a distributor (and not a publisher) of Content
supplied by any third parties and users of this Web Site. Medinindia has no
editorial control over such Content apart from hiding the user name and
address. Any opinions, advice, statements, services, offers, or other
information or content expressed or made available by third parties, are those
of the respective author(s) or distributor(s) and not of medinindia. Medinindia
neither endorses nor is responsible for the accuracy or reliability of any
opinion, advice, information or statement made on this Web Site by anyone other
than authorized medinindia employees acting in their official capacities.
Medinindia does not confirm or verify if a service provider claiming to be a
professional or claiming to be qualified to provide professional advice is in
fact licensed or otherwise qualified to provide the services or advice being
requested. You understand and acknowledge that medinindia is not responsible
for and does not monitor Content for accuracy or reliability.
10 FEEDBACK SYSTEM As a Service Provider, you agree to
receive public feedback from Patients with whom you have transacted. You
acknowledge that your feedback may consist of comments and ratings left by
Registered Users and/or other users and that medinindia may calculate a
composite feedback number based on these individual ratings. Service Providers
agree to be rated by Patients along several criteria, as determined by
medinindia. medinindia provides its feedback and rating system as a means
through which Registered Users and/or other users can express their opinions
publicly, and medinindia does not monitor or censor these opinions or
investigate any remarks posted by Registered Users and/or other users for
accuracy or reliability. Please note that you may be held legally responsible
for damages suffered by Registered Users and/or other medinindia users or third
parties as a result of these remarks if a court finds that these remarks are
legally actionable or defamatory. Under federal law, medinindia is not legally
responsible for any feedback or comments posted or made available on its site
by any Registered Users and/or other users or third parties, even if that
information is defamatory or otherwise legally actionable. You agree NOT to
take any actions or make any omissions that may undermine the integrity of the
feedback system.
You agree to:
11.1 be financially responsible for your use of medinindia
and purchase of services;
11.2 abide by medinindia's guidelines on posting(submitting)
projects and bidding on projects, which may be updated from time to time; and
11.3 perform your obligations and complete the transaction as specified by the
terms of your the posted treatment requirement and or your bid or
a medical terms agreement, whichever is more recent, once you have
selected a Service Provider or and the Service Provider has accepted a project,
respectively, unless such transaction is prohibited by law or by this
Agreement. Specifically, upon acceptance of a bid, the Patient agrees to
purchase the Services and the Service Provider agrees to provide the services
according to the terms of the final bid or business terms agreed to by the
parties, subject to any further increase or decrease in project scope.
Medinindia shall not return any funds to any Registered
Users of the medinindia Site or Payment Service if directed not to return such
funds by any competent international, federal, state or local authorities or if
doing so would violate or, in medinindia's reasonable discretion, would
reasonably likely violate, any international, federal, state or local laws,
regulations or other legal restrictions.
12.1 Medinindia shall withhold from any funds requested to
be returned by a Registered User of the Payment Service, any amounts of which
then owed or owing to medinindia by such Registered User. As stated below,
Medinindia does not give partial refunds for membership fees.
12.2 Medinindia acts solely as the Service Provider's agent
for purposes of facilitating all payment transactions through the Payment
Service.
12.3 Medinindia is not a bank and amounts transferred
through the Payment Service are not insured deposits.
Medinindia and its licensors shall retain all of its right,
title and interest in and to all patent rights, inventions, copyrights,
know-how and trade secrets relating to the Web Site. You acknowledge that the
medinindia logo and name are trademarks of medinindia, and may be registered in
certain jurisdictions. All other product names, company names, marks, logos,
and symbols on the Site may be the trademarks of their respective owners.
13.1 Except where expressly provided by medinindia, nothing
in this Agreement shall be construed to confer any license under any of
medinindia's or any third party's intellectual property rights, whether by
estoppels, implication, or otherwise.
13.2 Medinindia may refuse service to anyone for any reason.
medinindia may earn and retain interest or other compensation from the balances
in its bank accounts that result from the timing difference between the receipt
of funds from any Service Patient and any debit of its bank account to pay any
Service Provider after such Service Provider has requested disbursement.
13.3 Medinindia may amend this Agreement at any time in its
sole discretion by notifying affected users. If a Registered User does not
terminate use of the Payment Service as described below, the Registered User
will be deemed to have accepted such amendment.
13.4 Medinindia will not be considered to have waived
any of our rights or remedies described in this Agreement unless the waiver is
in writing and signed by an authorized representative of medinindia. No delay
or omission by medinindia in exercising its rights or remedies will impair its
rights or be construed as a waiver. Any single or partial exercise of a right
or remedy will not preclude further exercise of any other right or remedy.
13.5 This Agreement and any Registered User's registration
for and use of the Payment Service will not be construed as creating or
implying any relationship of agency, franchise, partnership, or joint venture
between any Registered User and medinindia.
The Web Site contains trademarks and other material
furnished by medinindia, its licensors, and Registered Users and/or other
users. You should assume that the Content you see or read in publicly viewable
areas of the Web Site that was not furnished or received by you is copyrighted
unless otherwise noted. You may not sell, reproduce, distribute, modify,
display, publicly perform, prepare derivative works based on, repost or
otherwise use any of the Content in any way for any public or commercial
purpose without prior written consent of medinindia or the rights holder. You
may not use the Content on any other web site or in a networked computer
environment for any purpose except your own personal viewing. In order to
protect medinindia's and its Licensor's trade secrets, you agree that you will
not 'reverse engineer' any Content consisting of downloadable software, unless
specifically authorized by the trade secret owner or otherwise permitted by
law. If you violate any of these terms, your permission to use the Content will
automatically terminate; you must immediately destroy any copies you have made
of the Content; and we may revoke your authorization to use the Web Site.
14.1 Medinindia respects the intellectual property of others
and expects our account holders to do the same. At our discretion and in
appropriate circumstances, medinindia may terminate the accounts of Registered
Users and/or other users who infringe upon the intellectual property rights of
others.
This Web Site or any portion of this Web Site may not be
reproduced, duplicated, copied, sold, resold, or otherwise exploited for any
commercial purpose that is not expressly permitted by medinindia. medinindia
and its affiliates reserve the right to refuse service, terminate accounts,
and/or cancel service requests or memberships in its discretion, including,
without limitation, if medinindia believes that a Registered User's conduct
violates applicable law or is harmful to the interests of medinindia and its
affiliates.
Each party warrants that it has the right and or full
corporate power and authority to enter into this Agreement.
16.1 The Services provided hereunder are provided "as is",
where is, and without any warranties or conditions (expressed or implied,
arising by statute or otherwise in law or from a course of dealing or usage or
trade). We make no representations or warranties, of any kind, either express
or implied, as to the quality, identity or reliability of any Registered User
or third party, or as to the accuracy of the postings made on the Web Site by
any Registered User.
16.2 You use the Web Site at your risk. We endeavor to
provide a convenient and functional Web Site, but we do not guarantee that it
will be error free or that the Web Site or the server that operates it are free
of viruses or other harmful components. We urge you to keep backup copies of
material you maintain on or use with the Web Site.
16.3 As mentioned above, we remind you to be careful in your
dealings with other users. Without limiting the foregoing, everything on the
Web Site (including, but not limited to, third party applications and the
content) is provided to you "as is" and "as available" without warranty or
condition of any kind, either express or implied, including, but not limited
to, any implied warranties or conditions of title, merchantability, fitness for
a particular purpose, or non-infringement. Please note that some jurisdictions
may not allow the exclusion of implied warranties, so some of the above
exclusions may not apply to you.
16.4 Medinindia makes no warranty that the Web Site (including, but not limited
to, third party applications and the content) will meet the Registered User’s
and/or other user's requirements, or that the Web Site will be uninterrupted,
timely, secure, or error free; nor does medinindia make any warranty as to the
results that may be obtained from the Web Site or as to the accuracy or
reliability of any information obtained through the Web Site. medinindia makes
no warranty regarding any treatments or services obtained through the Web
Site entered into through the Web Site. No advice or information, whether
oral or written, obtained by the Registered User and/or other users from
medinindia or through the Web Site shall create any warranty not expressly made
herein.
17.1 You agree to defend, hold harmless and indemnify
medinindia from and against any and all losses, costs, expenses, damages or
other liabilities incurred by medinindia from and against any cause of action,
claim, suit or proceeding brought by a third party against medinindia in
connection with your use of the Services including any payment obligations
incurred through use of the Services. You further agree to indemnify, defend
and hold medinindia harmless from and against any and all claims, demands,
actions, costs, liabilities, losses and damages of any kind (including
attorneys' fees) resulting from: (i) your use of the Web Site (ii) your
decision to supply credit information via the Web Site, including personal
financial information; (iii) your decision to submit postings and accept offers
from other Registered Users; (iv) any breach of contract or other claims made
by Registered Users with which you conducted business through the Web Site; (v)
your breach of any provision of this Agreement; (vi) any liability arising from
the tax treatment of Payment Service or any portion thereof; (vii) any
negligent or intentional wrongdoing by any Registered User; (viii) any act or
omission of yours with respect to the Payment Service in respect of Service
Provider Assignments; (ix) your dispute of or failure to pay any Invoice or any
other Payment Service; and/or (x) your obligations to a Service Provider. Any
such indemnification shall be conditioned on our: (a) notifying you in writing
of any such claim, demand, action, cost, liability, loss or threat of any
thereof; (b) cooperating with you in the defense or settlement thereof; and (c)
allowing you to control such defense or settlement. We shall be entitled to
participate in such defense through our own counsel at our own cost and
expense. We reserve the right to report any wrongdoing of which we become aware
to the applicable government agencies or otherwise.
17.2 In connection with your indemnification obligations as
provided for above, medinindia agrees to (a) notify you in writing promptly
after learning of any such claim; (b) turn over to you all responsibilities and
control with respect to such claim; and (c) reasonably cooperate with you in
the defense thereof.
Medinindia may, at any time and within its sole discretion,
terminate your access to and use of the Payment Service for any reason,
including without limitation, violations of this Agreement or the use of the
Web Site. In addition, medinindia may modify the terms of this Payment Service
or discontinue the Payment Service at any time and without prior notice;
provided that, if medinindia elects to modify or discontinue the Payment
Service or this Agreement, medinindia will post the new terms or a notice of
such changes within a reasonable time on an appropriate area of the Web Site.
In no event shall medinindia be liable to you or any other
registered user for any special, indirect, consequential, or punitive damages
pursuant to this agreement, including but not limited to, loss of profits, loss
of business opportunities, or loss of goodwill, even if advised of the
possibility of such damages.
19.1 In the event that you have a dispute with one or more
Registered Users, you release us (and our agents and employees) from claims,
demands and damages (actual, consequential and punitive) of every kind and
nature, known and unknown, suspected and unsuspected, disclosed and
undisclosed, arising out of or in any way connected with the Web Site, the
Services, or such dispute. You waive the provisions of any state law limiting
or prohibiting a general release.
19.2 Notwithstanding any other provision of this Agreement,
in no event will medinindia's liability to you for any action or claim related
to the Services provided under this Agreement, whether based on contract, tort,
negligence, or any other theory of liability, exceed in the greater of: (A)
$1000 or (B) the aggregate amount of Payment Service actually collected by
medinindia from you for the Services to which the liability relates during the
six (6) month period immediately preceding the determination of such liability.
19.3 Our contracts with certain of our medical suppliers
provide for scheduled maintenance, preventative maintenance, and emergency
maintenance work. We will have no liability whatsoever for any unavailability
of the Web Site caused by our supplier's performance or lack of performance of
the maintenance work needed to keep the Web Site operable. We will also not
have any liability for any loss of data or transactions resulting from delays,
non-deliveries, mis-deliveries or service interruptions caused by us, any third
party acts, the acts of any web services provider or problems with the Internet
infrastructure and networks external to the Web Site. The limitations of
liability provided in this Agreement inure to the benefit of us, our affiliates
and all of our respective officers, directors, employees, attorneys and agents.
Without limiting medinindia's other remedies, we may
issue a warning, temporarily suspend, indefinitely suspend or terminate your
membership and refuse to provide any services to you (a) if you breach any
terms and conditions of this Agreement or the agreements incorporated herein by
reference, including our written policies and procedures posted on the Web
Site; (b) if we are unable to verify or authenticate any information you
provide to us; or (c) if we believe that your actions may cause legal liability
for you, our users or for medinindia. Once temporarily suspended, indefinitely
suspended or terminated, you may not continue to use the medinindia service
under the same account, a different account or reregister under a new account.
Violations of this Agreement will be prosecuted to the fullest extent of the
law and may result in additional penalties and sanctions, as defined below.
Medinindia will provide notices by posting them on the Web
Site and you agree to check the Web Site for notices. You also authorize
medinindia to send notices to you, at medinindia's discretion, via electronic
mail. Regardless of whether medinindia sends an email notification, you will be
considered to have received a notice when it is made available to you by
posting on the Web Site.
Medinindia has the right to transfer or assign this
Agreement and the rights hereunder to any other person or entity without your
consent. You do not have the right to assign or transfer this Agreement or any
rights there under to any other person or entity without our prior written
consent. Subject to the foregoing, this Agreement will be binding upon and will
inure to the benefit of the successors and permitted assigns of the parties
here to.
The Medinindia Web Site (excluding linked sites) is operated by us from our
offices within India. You agree that this Agreement and your use of the Web
Site, and the services offered therein and thereby, shall be governed in all
respects by the internal substantive laws of India, without regard to conflict
of laws provisions You further submit to jurisdiction and venue in the state
and federal courts located in India and further agree that any cause of action
you may bring arising under your use of the Web Site shall be brought by you
exclusively in a state or federal court located in India. We make no
representation that materials on the Web Site are appropriate or available for
use in other locations, and accessing them from territories where their
contents are illegal is prohibited. Those who choose to access this site from
other locations do so on their own initiative and are responsible for
compliance with local laws.
This Agreement, and all writings, web pages, agreements and
policies, contains the entire Agreement between the parties and supersedes any
prior agreement, negotiation or understanding of the parties, whether oral or
in writing, with respect to the subject matter of this Agreement. Any
representations, promises or conditions not incorporated herein shall not be
binding upon medinindia or Registered User or their respective successors and
assigns. This Agreement may not be modified or amended except in a writing
signed by a duly authorized representative of both parties.
24.1 If any provision of this Agreement is held to be
invalid or unenforceable, such provision will be struck and the remaining
provisions enforced. Headings are for reference purposes only. Failure of
either party to act or exercise its respective rights under this Agreement upon
the breach of any other terms hereof by the other party shall not be construed
as a waiver of such a breach or prevent said party from thereafter enforcing
strict compliance with any or all of the terms thereof.
24.2 This Agreement does not create a relationship of
agency, partnership, or representation between medinindia and you for any
purpose whatsoever, it being understood between the parties hereto that
medinindia and Registered Users are to act as an independent contractors and
are not authorized to make any contract, agreement, warranty or representation
on behalf of each other.
24.3 Neither of the parties to this Agreement shall be
responsible for the failure to perform or any delay in performance of any
obligation hereunder due to labor disturbances, accidents, fires, floods,
telecommunications or Internet failures, strikes, wars, riots, rebellions,
blockades, acts of government, governmental requirements and regulations or
restrictions imposed by law or any other similar conditions beyond the
reasonable control of such party. The time for performance of such party shall
be extended by the period of such delay.
24.4 You must comply with all applicable laws, statutes, ordinances and
regulations regarding: (i) your use of the Web Site and the Services and any
Other Services provided thereby or therein; (ii) your request fpr services or
offers, if applicable; and (iii) the posting and retrieval of information by
you, including without limitation those governing antitrust, unfair
competition, false advertising, taxation and export control. You are
responsible for paying all applicable fees and taxes you incur in connection
with access to our servers and our Web Site.
24.5 This Agreement shall be governed by and construed in
accordance with the laws of India without regard to its conflicts of laws
provisions.
24.6 The provisions of this Agreement which are reasonably
expected to survive any termination or expiration of this Agreement for any
reason shall so survive any termination or expiration of this Agreement.
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