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Terms and Conditions

TERMS AND CONDITIONS OF USE OR AGREEMENT (For Patient / Providers)

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.

3. INTERPRETATION

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.

MEMBERSHIP

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.

4. SCOPE OF SERVICES

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:

 
  * Violate any applicable law or regulation;
  * 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;
  * Tamper with postings of other users and/or Registered Users;
  * 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;
  * 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;
  * Do anything which would create or impose an unreasonable or disproportionately large burden or load on the Web Site;
  * Frame or link to the Web Site except as permitted in writing by medinindia;
  * Impersonate or misrepresent your affiliation with any person or entity.
  * Post false or misleading information about a product, service or service request;
  * Post or transmit any Content that infringes a third party's intellectual property rights or rights of publicity or privacy;
  * 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;
  * 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.
  * Fail to respond to an email from medinindia regarding violation, dispute or complaint.

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.

11 GETTING MEDICAL SERVICES ON Medinindia

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.

12 PAYMENT SERVICE

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.

13 RESERVATION OF RIGHTS; LIMITED LICENSES .

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.

14 OWNERSHIP AND PROTECTION OF INTELLECTUAL PROPERTY

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.

15 REPRODUCTION

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.

16 WARRANTIES, ERRORS AND DISCLAIMER OF WARRANTIES

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 INDEMNIFICATION

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.

18 TERMINATION OF USE OF PAYMENT SERVICE

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.

19 IMITATION OF LIABILITY

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.

20 PENALTIES

 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.

21 NOTICES

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.

22 ASSIGNMENT

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.

23 GOVERNING LAW AND JURISDICTION

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.

24 MISCELLANEOUS

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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