F TERMS OF USE | MEDIGENE
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Medigene Terms of Use

Welcome to the website Medigene which provides features to you subject to the following terms of use. These Terms of Use govern your access to www.medigene.in (the “Site”), including any content, functionality and services offered through the Site and create a binding legal agreement that we may enforce against you in the event of a violation. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE YOU START USE OF THE SITE. By using the Site (whether as a guest or a registered user) you accept and agree to these Terms of Use and our Privacy Policy. You will always be able to view the most current version of these Terms by clicking on the Terms of Use link at the bottom of any page of Medigene.

The term ‘Medigene’ or ‘us’ or ‘we’ or ‘our’ refers to the owner of the website i.e. Spirant Inovace Pvt Ltd.

Please read these Terms of Service (“TOS”) and Honor Code prior to registering for an account on Medigene.in or using any portion of the Medigene.in website (collectively, the “Medigene.in Site,” which consists of all content and pages located within the Medigene.in web domain), including accessing any course material, chat rooms, or other electronic services. These TOS and the Honor Code that follows are agreements (the “Agreements”) between you and Medigene.in . By using the Medigene.in Site, you accept and agree to be legally bound by the Agreements, whether or not you are a registered user. Please also read the Privacy Policy for the Medigene.in Site before you use any portion of the Medigene.in Site. The Privacy Policy describes how your personal data is collected and processed when you use the Medigene.in Site. If you do not understand or do not wish to be bound by the terms of the Agreements or Privacy Policy, you should not use the Medigene.in Site.

Medigene.in reserves the right to modify these TOS at any time without advance notice. Any changes to these TOS will be effective immediately upon posting on this page, with an updated effective date. By accessing the Medigene.in Site after any changes have been made, you signify your agreement on a prospective basis to the modified TOS and all of the changes. Be sure to return to this page periodically to ensure familiarity with the most current version of these TOS.

Any version of these TOS in a language other than English is provided for convenience and you understand and agree that the English language version will control if there is any conflict.

THESE TOS ARE ORGANIZED AS FOLLOWS:
RULES FOR ONLINE CONDUCT

You agree that you are responsible for your own use of the Medigene.in Site and for your User Postings. “User Postings” means all content submitted, posted, published, or distributed on the Medigene.in Site by you or other users of the Medigene.in Site, including but not limited to all forum posts, wiki edits, notes, questions, comments, videos, and file uploads. You agree that you will use the Medigene.in Site in compliance with these Agreements, and all applicable local, state, national and international laws, rules and regulations, including copyright laws, any laws regarding the transmission of technical data exported from your country of residence, and all Indian export control laws.

As a condition of your use of the Medigene.in Site, you will not use the Medigene.in Site in any manner intended to damage, disable, overburden, or impair any Medigene.in server or the network(s) connected to any Medigene.in server or to interfere with any other party’s use and enjoyment of the Medigene.in Site. You may not attempt to gain unauthorized access to the Medigene.in Site, other accounts, computer systems, or networks connected to any Medigene.in server through hacking, password mining, or any other means. You may not obtain or attempt to obtain any materials or information stored on the Medigene.in Site, its servers, or associated computers through any means not intentionally made available through the Medigene.in Site. If you are a registered user, you will not share your password or let anyone else access or compromise your account.

Furthermore, you agree not to scrape, or otherwise download in bulk, any Medigene.in Site content, including but not limited to a list or directory of users on the system, User Postings or user information, online textbooks, course materials, or trademarks and logos. You agree not to misrepresent or attempt to misrepresent your identity while using the Medigene.in Site (although you are welcome and encouraged to use an anonymous username in the forums and to act in a manner that keeps your identity concealed).

STRICTLY PROHIBITED ITEMS

THE FOLLOWING ITEMS ARE STRICTLY PROHIBITED ON THE Medigene.in SITE:

You may not submit, post, publish, share, or otherwise distribute any of the above Strictly Prohibited Items on or via the Medigene.in Site

USER ACCOUNTS

You must register an account with Medigene to access our Services. Registration requires you to provide us with your name, email address, profession, specialty and other information specified in the registration form (“Registration Information”), and to select a username and password that will be associated with your account. You agree that your Registration Information is true, accurate, current, and complete, and you will promptly update your Registration Information as necessary so that it continues to be true, accurate, current and complete.. You are solely responsible for maintaining the confidentiality and security of your Medigene account username and password. We shall have no liability for any unauthorized access to or use of your account information.

If you are registering under “Doctor” You have to be a registered medical practitioner, or registered Medicinal researcher who engages in application of medical, scientific, diagnostic, and therapeutic principles or Medical student studying in a Government or Government recognized registered Medical College of your country. Other self-proclaimed healers or “quack” as a “fraudulent or ignorant pretender to medical skill” or “a person who pretends, professionally or publicly, to have skill, knowledge, or qualifications he or she does not possess; a charlatan.” are not entertained and asked to not use and register on Medigene. If you belong to this party, any information you share with Medigene can be used against you by Law. Currently Medigene does not provide account registration for doctors or students from Homeopathy, Ayurveda background and Veterinary Science.

Delete Account

You hold the right to delete your account at any given time if you are unhappy with the Medigene services or for any reason you feel fit. Medigene provides the Delete feature under ‘Settings’. Medigene requests you to give a reason for leaving so we can better our service Medigene may store your information provided so that you can re-enter and use it, when you see fit. Medigene may contact you by email, post, fax or phone from the information you provided, about future developments on Medigene. Complete Delete account process can take a duration of anywhere between 48 hrs to 10 days.

YOUR RIGHT TO USE CONTENT ON THE MEDIGENE.IN SITE

Unless indicated as being in the public domain, the content on the Medigene.in Site is protected by Indian and foreign copyright laws. Unless otherwise expressly stated on the Medigene.in Site, the texts, exams, video, images, and other instructional materials provided with the courses offered on the Medigene.in Site are for your personal use in connection with those courses only. We aim to make much of the Medigene.in course content available under more open license terms that will help create a vibrant ecosystem of contributors and further Medigene.in’s goal of making education accessible and affordable to the world.

Certain reference documents, digital textbooks, articles, and other information on the Medigene.in Site are used with the permission of third parties, and use of that information is subject to certain rules and conditions, which will be posted along with the information. By using the Medigene.in Site, you agree to abide by all such rules and conditions.

You agree to retain all copyright and other notices on any content you obtain from the Medigene.in Site. All rights in the Medigene.in Site and its content, if not expressly granted, are reserved.

Use for Personalization and Pedagogical Improvements.

Our goal is to provide current and future visitors to the Medigene.in Site with the best possible educational experience. To further this goal, we sometimes present different users with different versions of course materials and software. We do this to personalize the experience to the individual learner (to assess the learner’s level of ability and learning style, and present materials best suited to the learner), to improve our understanding of the learning process, and to evaluate and improve the effectiveness of our course materials, payment models, platform features, and offerings. We may publish or otherwise publicize results from this process, but, unless otherwise permitted under the Privacy Policy, those publications or public disclosures will not include your personal information.

USER POSTINGS

User Postings Representations and Warranties. By submitting or distributing your User Postings(Case Studies, Live Lectures,Discussions) , you affirm, represent, and warrant (1) that you have the necessary rights, licenses, consents, and/or permissions to reproduce and publish the User Postings and to authorize Medigene.in and its users to reproduce, modify, publish, and otherwise use and distribute your User Postings in a manner consistent with the licenses granted by you below, and (2) that neither your submission of your User Postings nor the exercise of the licenses granted below will infringe or violate the rights of any third party. You, and not Medigene.in, are solely responsible for your User Postings and the consequences of posting or publishing them.

License Grant to Medigene.in.

By submitting or distributing your User Postings, you hereby grant to Medigene.in a worldwide, non-exclusive, transferable, assignable, sub licensable, fully paid-up, royalty-free, perpetual, irrevocable right and license to host, transfer, display, perform, reproduce, modify, distribute, redistribute, relicense, and otherwise use, make available, and exploit your User Postings, in whole or in part, in any form and in any media formats and through any media channels (now known or hereafter developed).

License Grant to Medigene.in Users.

By submitting or distributing your User Postings, you hereby grant to each user of the Medigene.in Site a non-exclusive license to access and use your User Postings in connection with their use of the Medigene.in Site for their own personal purposes.

Intellectual Property Rights

In the case of Medigene Webinars, Webcasts, Courses, all content, files and material used for presentation on Webinars and Online Meetings i.e. the Medigene Platform used by the SPEAKER including the session itself is the leased property of and a part of Medigene as discussed and agreed by the speaker for the said duration. It will/may be recorded, archived, shared and promoted for all users of Medigene to impart knowledge and educational and serve Medigene’s Purpose and Mission.

CERTIFICATES AND OTHER PRODUCTS & SERVICES

Generally

From time to time, Medigene.in and the colleges, universities, and other institutions providing courses and programs on the Medigene.in Site (collectively, the “Members”) may offer services and products for a fee (for example, course and program certificates). For anything that you choose to purchase on the Medigene.in Site, you agree to pay all applicable fees when due. As described in the Privacy Policy, the processing of your payment information is done by a third-party payment vendor, and you will be routed to a secure payment flow controlled by that vendor to complete the payment transaction. Once your payment transaction is completed, a Medigene.in confirmation page will be displayed, and you will receive a confirmation email with your name, order number, and the payment amount. Please retain this email for your records as this information will be required if you seek a refund from Medigene.in, as described below.

Certificates

Medigene.in and the Members may offer ID Verified Certificates of Achievement for courses (a “Verified Certificate”) or certificates for programs (for example, a MicroMasters program certificate) for learners who, in the Members’ judgment, have satisfactorily demonstrated mastery of the course or program material. Certificates will be issued by Medigene.in under the name of the underlying Member(s) from where the course or program originated, i.e. International Council of Ophthalmology, Association of Physicians India, etc. The decision whether a certificate will be awarded to a given learner will be solely within the discretion of the awarding Member.

Refunds

Certificates and other purchases on the Medigene.in Site may be eligible for a refund for a period of time (in each case, the “Refund Period”). The applicable Refund Period for some products and services are described below. To request a refund for a purchase that you made, please email us at billing@Medigene.in and include your full name and order number in your email request. Refunds will be credited to the credit card used for the purchase and may take up to two billing cycles to process. If the applicable Refund Period for a purchase has passed, but you believe a refund is warranted, please email us at billing@Medigene.in.

Professional Education Courses:

For enrollment in a Professional Education Certificate course, participant has a period of 2 days after the course starts (or up to 10 days after the payment is made) whichever comes first, to unenroll from the course by clicking on the unenroll link on the user’s dashboard and request a refund by emailing billing@medigene.in. participant is requested to include full name and order number in their email request.

Refunds will be credited to the credit card used when registered and may take up to two billing cycles to process. Medigene has no obligation to issue a refund 2 days after a course start date, but if the participant believes a refund is warranted, they are informed to email us at billing@medigene.in

No Other Enrollment

You will not be an applicant for admission to, or enrolled in, any degree or other credit- or credential-bearing program of the Member as a result of registering for or completing a course or program provided by such Member through Medigene.in. You will not be entitled to use any of the resources of the Member beyond the online courses or programs provided on the Medigene.in Site, nor will you be eligible to receive student privileges or benefits provided to students enrolled in degree or other credit- or credential-bearing programs of the Member.

TRADEMARKS

Use of Medigene.in, ICO and Other Member Names, Trademarks, and Service Marks.

The “Medigene.in,” “ICO” names, logos and seals are trademarks (“Trademarks”) of the respective entities. Likewise, the names, logos, and seals of the other Members are Trademarks owned by the respective Member. You may not use any of these Trademarks, or any variations thereof, without the owner’s prior written consent. You may not use any of these Trademarks, or any variations thereof, for promotional purposes, or in any way that deliberately or inadvertently claims, suggests or, in the owner’s sole judgment, gives the appearance or impression of a relationship with or endorsement by the owner.

All Trademarks not owned by Medigene.in or the Members that appear on the Medigene.in Site or on or through the services made available on or through the Medigene.in Site, if any, are the property of their respective owners.

Nothing contained on the Medigene.in Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Medigene.in Site without the written permission of the owner of the applicable Trademark.

DIGITAL MILLENNIUM COPYRIGHT ACT

Copyright owners who believe their material has been infringed on the Medigene.in Site should contact Medigene.in’s designated copyright agent at support@Medigene.in

Notification must include:

DISCLAIMERS OF WARRANTY / LIMITATIONS OF LIABILITIES

THE MEDIGENE.IN SITE AND ANY INFORMATION, CONTENT OR SERVICES MADE AVAILABLE ON OR THROUGH THE MEDIGENE.IN SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND (EXPRESS, IMPLIED OR OTHERWISE), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, EXCEPT INSOFAR AS ANY SUCH IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW.

MEDIGENE.IN AND THE MEDIGENE.IN PARTICIPANTS (AS HEREINAFTER DEFINED) DO NOT WARRANT THAT THE MEDIGENE.IN SITE WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER, THAT THE MEDIGENE.IN SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE COURSES OR CONTENT PROVIDED WILL MEET YOUR NEEDS OR EXPECTATIONS. MEDIGENE.IN AND THE MEDIGENE.IN PARTICIPANTS ALSO MAKE NO WARRANTY ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS, OR QUALITY OF THE MEDIGENE.IN SITE OR ANY COURSES OR CONTENT, OR THAT ANY PARTICULAR COURSES OR CONTENT WILL CONTINUE TO BE MADE AVAILABLE. “MEDIGENE.IN PARTICIPANTS” MEANS THE OTHER MEMBERS, THE ENTITIES PROVIDING INFORMATION, CONTENT, OR SERVICES FOR THE MEDIGENE.IN SITE, THE COURSE INSTRUCTORS, AND THEIR STAFFS.

USE OF THE MEDIGENE.IN SITE, AND THE CONTENT AND SERVICES OBTAINED FROM OR THROUGH THE MEDIGENE.IN SITE, IS AT YOUR OWN RISK. YOUR ACCESS TO OR DOWNLOAD OF INFORMATION, MATERIALS, OR DATA THROUGH THE MEDIGENE.IN SITE OR ANY REFERENCE SITES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA, UNLESS OTHERWISE EXPRESSLY PROVIDED FOR IN THE PRIVACY POLICY.

User Postings Disclaimer.

You understand that when using the Medigene.in Site you will be exposed to User Postings from a variety of sources and that neither Medigene.in nor the Medigene.in Participants are responsible for the accuracy, usefulness, reliability or intellectual property rights of or relating to such User Postings. You further understand and acknowledge that you may be exposed to User Postings that are inaccurate, offensive, defamatory, indecent or objectionable and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Medigene.in or any of the Medigene.in Participants with respect thereto. Neither Medigene.in nor any of the Medigene.in Participants endorse any User Postings or any opinion, recommendation or advice expressed therein. Neither Medigene.in nor any of the Medigene.in Participants have any obligation to monitor any User Postings or any other user communications through the Medigene.in Site.

However, Medigene.in reserves the right to review User Postings and to exercise its sole discretion to edit or remove, in whole or in part, any User Posting at any time and for any reason, or to allow the Medigene.in Participants to do so. Without limiting the foregoing, upon receiving notice from a user or a content owner that a User Posting allegedly does not conform to these TOS, Medigene.in may investigate the allegation and determine in its sole discretion whether to remove the User Posting, which it reserves the right to do at any time and without notice.

Third-Party Services; Links to Other Websites.

The Medigene Site and individual courses may be integrated with third-party services or include hyperlinks to websites maintained or controlled by third parties. Medigene.in and the Medigene.in Participants are not responsible for and do not routinely screen, approve, review or endorse the contents of or use of any of the products or services that may be offered at these websites. Your use of any Third-Party Services may be subject to the third-party provider’s terms and conditions, intellectual property restrictions and privacy policy and may involve the disclosure or transfer of information from or about you to the third-party provider. If you decide to access linked third-party websites, you do so at your own risk.

Medigene partners with several third parties (such as YouTube) to help us run the Medigene website and to track and understand learner activity on the site and how learners interact with our social media. The use of YouTube’s API services is governed by ‘Youtube’s Terms of Service (ToS)’and ‘Google’s Privacy Policy’. We encourage you to visit the websites for these third parties and read their terms of use, privacy policies and, as applicable, information about tracking technologies

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT NEITHER MEDIGENE.IN NOR ANY OF THE MEDIGENE.IN PARTICIPANTS WILL BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES, EITHER ACTUAL OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE, OR YOUR (OR ANY THIRD PARTY’S) USE OF OR INABILITY TO USE THE MEDIGENE.IN SITE, OR YOUR PLACEMENT OF CONTENT ON THE MEDIGENE.IN SITE, OR YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH THE MEDIGENE.IN SITE, WHETHER YOUR CLAIM IS BASED IN CONTRACT, TORT, STATUTORY OR OTHER LAW.

IN PARTICULAR, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER MEDIGENE.IN NOR ANY OF THE MEDIGENE.IN PARTICIPANTS WILL HAVE ANY LIABILITY FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE AND WHETHER OR NOT MEDIGENE.IN OR ANY OF THE MEDIGENE.IN PARTICIPANTS HAS BEEN NEGLIGENT OR OTHERWISE AT FAULT (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, ERRORS, LOSS OF PROFITS, LOSS OF DATA, OR INTERRUPTION IN AVAILABILITY OF DATA).

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

INDEMNIFICATION

You agree to defend, hold harmless, and indemnify Medigene.in and the Medigene.in Participants, and their respective subsidiaries, affiliates, officers, faculty, students, fellows, governing board members, agents and employees from and against any third-party claims, actions, or demands arising out of, resulting from or in any way related to your use of the Medigene.in Site, including any liability or expense arising from any and all claims, losses, damages (actual and consequential), suits, judgments, litigation costs, and attorneys’ fees, of every kind and nature. In such a case, Medigene.in or the applicable Medigene.in Participant will provide you with written notice of such claim, suit, or action.

ADDITIONAL TERMS

Termination Rights; Discontinuation of Courses and Content.You agree that Medigene.in, in its sole discretion, may terminate your use of the Medigene.in Site or your participation in it, for any reason or no reason, upon notice to you. It is Medigene.in’s policy to terminate in appropriate circumstances the accounts of users of the Medigene.in Site who are repeat copyright infringers. Medigene.in and the Medigene.in Participants reserve the right at any time in their sole discretion to cancel, delay, reschedule or alter the format of any course offered through Medigene.in, or to cease providing any part or all of the Medigene.in Site content or related services, and you agree that neither Medigene.in nor any of the Medigene.in Participants will have any liability to you for such an action. If you no longer desire to participate in the Medigene.in Site, you may terminate your participation at any time. The rights granted to you hereunder will terminate upon any termination of your right to use the Medigene.in Site, but the other provisions of the Agreements will survive any such termination.

Entire Agreement.The Agreements constitute the entire agreement between you and Medigene.in with respect to your use of the Medigene.in Site, superseding any prior agreements between you and Medigene.in regarding your use of the Medigene.in Site.

Waiver and Severability.The failure of Medigene.in to exercise or enforce any right or provision of the Agreements shall not constitute a waiver of such right or provision. If any provision of the Agreements 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 the Agreements shall remain in full force and effect.

Choice of Law/Forum Selection.You agree that the Agreements and any claim or dispute arising out of or relating to the Agreements or any content or service obtained from or through the Medigene.in Site will be governed by the laws in the jurisdiction of Delhi excluding its conflicts of law provisions. You agree that all such claims and disputes will be heard and resolved exclusively in the federal or state courts located in and serving Delhi. You consent to the personal jurisdiction of those courts over you for this purpose, and you waive and agree not to assert any objection to such proceedings in those courts (including any defense or objection of lack of proper jurisdiction or venue or inconvenience of forum).

Effective Date: June 28, 2021.

Honor Code
COLLABORATION POLICY

By enrolling in a course on Medigene.in, you are joining a special worldwide community of learners. The aspiration of Medigene.in is to provide anyone with an internet connection access to courses from the best universities and institutions in the world and to provide our learners the best educational experience internet technology enables. You are a part of the community that will help Medigene.in achieve this goal. Medigene.in depends upon your motivation to learn the material and to do so with honesty and academic integrity. In order to participate in Medigene.in, you must agree to the Honor Code below and any additional terms specific to a course or program. This Honor Code, and any additional terms, will be posted on each course website.

HONOR CODE PLEDGE

By enrolling in an Medigene.in course or program, I agree that I will:

VIOLATIONS

If you are found in violation of the Terms of Service or Honor Code, you may be subject to one or more of the following actions:

No refunds will be issued in the case of any corrective action for such violations.

Honor Code violations will be determined at the sole discretion of Medigene.in Members. You will be notified if a determination has been made that you have violated this Honor Code and you will be informed of the corresponding action to be taken as a result of the violation.

CHANGING THE HONOR CODE

Please note that we review and may make changes to this Honor Code from time to time. Any changes to this Honor Code will be effective immediately upon posting on this page, with an updated effective date. By accessing the Medigene.in Site after any changes have been made, you signify your agreement on a prospective basis to the modified Honor Code and any changes contained therein. Be sure to return to this page periodically to ensure familiarity with the most current version of this Honor Code.