Terms & Conditions
Before using the Manipal MedAce application(s) for mobile and handheld devices (the “Mobile App”) the MedAce website (https://manipalmedace.com which is registered by Manipal Education Services Private Limited used as medium to communicate and inform Users of services provided by Manipal Global Education Services Private Limited and Manipal MedAce (not limiting features, services and terms and conditions) are jointly referred to as the “MedAce App”. The MedAce App is owned and operated by Manipal Global Education Services Private Limited a private limited company incorporated under India (CIN U74140KA2001PTC029678) and having its registered office at Fifth Floor, Prestige Emerald, #4, Madras Bank Road, Bangalore, Karnataka – 560 001 India. This document is an electronic record in terms of Information Technology Act, 2000, amendments thereof from time to time and the rules thereunder as applicable and amended provisions pertaining to electronic records in various statues under Information Technology Act, 2000. The electronic record is generated by a computer system and does not require any physical and digital signatures.
You agree not to disclose, modify, reproduce, sell or distribute to any third party, any information (written or oral), including course materials, obtained from the MedAce App in connection with Manipal MedAce courses or NEET PG/ Nxt Preparatory tutoring program. You may not also use, modify, adapt, download, upload, post, publish, display, perform, transfer, or redistribute any materials in any form, format or media or by any means of technology, from any materials from the MedAce App and/or website, sites linked through third party websites without the prior written consent of us or any of the licensor of the intellectual property rights in such Content or materials.
We may amend these Terms at any time by posting an updated version to Manipal MedAce Website(s) and MedAce App. The updated version of the Terms shall take effect immediately upon posting. It is your responsibility to review these Terms periodically for updates/ changes. Your continued use of the MedAce App following the posting of changes will mean that You accept and agree to the revisions including additional Terns or removal of portion of these Terms, modifications etc., As long as you comply with these terms, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and avail the Services.
Terms of Service
- Manipal MedAce Account: You may create an account, select a password and User ID (the “Account”) when you signup/register with Manipal MedAce (where we collect first name, last name, email ID, contact number, institution name you are currently enrolled or last studied and the year of study). In order to use the full spectrum of MedAce Services, you need to register on the MedAce App. We do not charge any fee for signup / registration or Account creation. However certain Services offered by MedAce may be charged (“Subscription”) offered through various plan(s), that may be purchased and accessed only subject to the Terms for Paid Subscription services and applicable features and terms related thereto are available on the MedAce App (“Subscription Services”)
- This account allows you to access MedAce App, browse the Services, make payment using debit card, credit card or net banking known as (“Payment Gateway Services”) to permissible merchants (e.g., Razorpay etc.,) on MedAce App as per terms specified herein.
- You would need to register by providing additional information in order to make payment via Unified Payment Interface (“UPI”) services to make the payments.
- On signup and subsequent changes, you provide us with accurate, current and complete information and at other points as may be required during the course of using the Services (“registration data”). You are required to keep your registration data about yourself and contact details complete and account updated at all times. You agree that you may not select as your User ID a name that you do not have right to us or another person’s name with the intent to impersonate that person. You may not transfer your Account or subscription to anyone else. You are solely responsible for the activity that occurs in your Account, and You agree to safeguard your Account credentials, with anyone, and you must protect the security of your MedAce Account User ID and password and any other access tools of credentials and keep the same confidential and do not share it with anyone. You will contact us immediately, if you suspect anyone else is using or unauthorized use of your Account through the help menu of the MedAce App.
- The device on which you download MedAce App and use during registration shall become your registered device and device details shall be stored by us. The moment you log into your MedAce Account from a different device using the MedAce App. You will be asked to allow MedAce to send an SMS from the new device, after which your new device becomes the registered device. You will not be able to access your MedAce account using your previous device until you re-login and re-authorise yourself on that device.
The Subscription terms of purchase will allow access only to the Content or Materials available under specific category of Product or Content for which you have purchased the Subscription and these Subscription Services will be valid only for the validity period indicated therein (which may vary depending on subscription type as applicable from time to time) (“Subscription Term”). You are strictly advised to contact the Support team on the designated email before you proceed to purchase any Subscription of a Product or Service.
As our continuous efforts for improvement of our Subscription Services and product offerings, we may show you recommendations on content in the subscribed category and other related categories that might interest you. We may at our sole discretion extend upon renewal of the initial Subscription Term, that you had purchase on the MedAce App or website or Platform. You agree that Subscription Services are personal in nature and solely intended for the named individual who have enrolled to the preparatory course or Product subscribed and cannot be transferred or shared to any other person for consideration or otherwise. Upon our knowledge of such transfer / shared access to Subscription Services with another person, we authorise Manipal MedAce the right to cancel or terminate the access or Subscription immediately. There may be reasons beyond our control, where Content or Materials are provided by Content service providers or licensors or subject faculty may change from time-to-time and we are service provider, Manipal MedAce does not guarantee or warrant the availability of continued Subscription Services to the Content of any specific Content Provider. As we are bound by limitations, if any, imposed by Content service providers or licensors or subject faculty, certain Content or Materials we may make available under the Subscription services and the same are subject to restrictions on viewing access and on the length of time we make them available to you. these restrictions may change over time as add new features, Content or Subscription Products under our Subscription Services. Following are some of the illustrations :
- Instructional Videos of Content Service provider: During the Subscription Term, you will have access to attend live videos or live-streaming videos if offered under the Subscription Services, which will be made available to you only on the MedAce App, subject to the Terms of such Services. Please ensure that the mobile or wireless device is a registered device by you are using the MedAce App Subscription Servies and such mobile or wireless device meets the specifications and is compatible verified prior to the access to such Content or Materials. You may also note that certain recorded instructional videos as part of your Subscription access on the MedAce App are subject to terms imposed on us by Content service provider or licensors or subject faculty and do not guarantee the availability of the same in any manner;
- Video or audio quality: while we make efforts to ensure the User experience of the MedAce App is good industry standards, it is possible that the resolution and quality of video and audio content you receive may depend on several external factors, including mobile or wireless device compatibility on which the Content is accessed during the Subscription Term, and internet service provider which you use for accessing the Services. These quality may vary over the course of your viewing, where permitted for downloading and if downloaded in the MedAce App (restricted to only 5 modules currently permitted, this is subject to change without any advance notice) and same can be removed access subject to Terms.
“compatible device” means a personal mobile phone or wireless device (android or iOS) that meets the system configuration and compatibility requirements and which you are authorised to use in accessing the Services or MedAce App. The device compatibility or configuration specification may change from time to time without notice (in some cases certain mobile / wireless devices in compliance with law software or systems provided or supported may remain unavailable depending on device manufacturer or other third parties) Accordingly such supported or compatible device may cease to be compatible in the future. Please make sure that the mobile phone / wireless deices that you use in accessing the Subscription Services and MedAce App may not function.
You hereby authorize Manipal MedAce to use testimonials and your photographs for promotional activities.
Suspend / Termination
You agree that MedAce in its sole discretion, may suspend or terminate your Account or any part thereof or use of the Services on the MedAce App and remove and discard any content within the Service, for any reason without limitation, for lack of use or if MedAce believes that you have violated or acted inconsistently with these Terms and Conditions of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Service, may be referred to appropriate legal authorities. MedAce may also in its sole discretion and at any time discontinue providing the Services or any part thereof, with or without notice if (i) we reasonably suspect that you have violated these Terms or instruction we provide in our Services; (ii) you have demonstrated (directly or indirectly through your actions, statement or otherwise) that you do not intend to comply with these Terms; (iii) we decide to end all or part of our Services or required by applicable law to end all or part of our Services (either due to court ruling or judgment which makes the Services or parts become or considered unlawful. You agree that any termination of your access to the Service under the provision of this Term may be affected without prior notice and acknowledge and agree that MedAce may immediately de-activate or delete your Account and all stated information and files in your Account and/or restrict any further access to such files, or the Service. Further, MedAce will not be liable to you or any third party for any termination or suspension of your access to the Services or your Account.
Delete your Account
While you have a great experiential learning on MedAce App, you can delete your Account at any time, in accordance with these terms and conditions. You can submit your request for Account deletion after you confirm accepting these terms:
(i) on the App by going to My Account tab when you are logged in to the App, click on the ‘My Account’>‘Delete’ option; or
You will be required to verify by One Time Password (OTP) on Your registered mobile number provided at your time of registration. Once your request has been accepted your Account will be deleted immediately, while it will take us forty-five(45) days for your content to be completely removed from your App. If you delete your Account and try to create a new account within this time period using the same credentials, we will re-activate your Account for you. Once an account is deleted, we will erase all data of the User associated with their account including User content (chat messages), and their personal information, except where information must be retained to comply with applicable laws or legal orders and regulations from relevant jurisdictions. The process can’t be undone your content and Account data is completely deleted.
Consequences of Account Deletion: Upon your account deletion procedure is completed, the consequences include not limited to
- You will not be able to use this Account to log in to the MedAce App, Website etc.
- You will not be able to access the Manipal MedAce product and services;
- You will not be able to retrieve the personal information, historical transaction records, data under the Account;
- We will delete all your data and stop collecting, storing and using your personal information and other User data, and no longer store after deletion, unless required to retain to comply with applicable law and regulations or national administrative, judicial or law enforcement agencies.
The materials displayed or performed or made available on or through the Services, including but not limited to training materials, instructional videos, presentation, e-learning materials, audio transcriptions, graphics, data, articles, photos, images, illustrations, User Submissions (defined later), images, illustrative diagrams, multiple choice questions, reference materials etc., (all of the foregoing “Content”) are protected by copyright and/or other intellectual property laws, made available to you as part of our subscribed Services as per Terms hereunder. We do not represent, guarantee or commit to you that these will be error free. The Services and accompanying content will continue to be constantly updated (addition or removed) as with or without any prior notice to You and at a sole discretion of Manipal MedAce. We also do not claim any guaranteed success / professional advantage with the use of the Services. You acknowledge that we have not been authorised or recognized by any regulatory body or Medical Council of India/ National Medical Council of India to give any sort of medical advice, opinion, diagnosis, prescription or treatment. You also understand that Services provided to You shall not be considered as medical classes or replacement / substitution of your classroom or clinical / non-clinical studies as part of the curriculum of the respective medical degree program offered by the institution / university that you are enrolled for the recognized medical training as regulated and recognized by Medical Council of India / National Medical Council or other regulatory bodies. You promise to abide by all copyright notices, trademark rules, information, and restrictions, contained in any Content your access through the Services, and you won’t copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize, or otherwise exploit, for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content (ii) in a way that violates someone else’s (including MedAce’s) Rights.
You shall not use any deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, or computer program, algorithm or methodology, or any similar or equivalent manual or digital process, to access, acquire, copy or monitor any portion of the MedAce App that enables submission of Feedback or any Content or in any way reproduce or circumvent the navigational structure or presentation of the MedAce App or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposefully made available through the MedAce App. You shall not attempt to manipulate the feedback or submissions or collude with others on feedback or using multiple profiles.
You further agree that:- (i) in the event of any dispute, MedAce records shall be binding and conclusive evidence of the transactions carried out through use of MedAce Services; (ii) as part of Services you may receive communications through the Services, including messages that MedAce sends you (for example WhatsApp, email and SMS or MedAce App alerts) When registering for the Services or MedAce App you will receive a login OTP verification communication by SMS on your wireless number that you provided at the time of signup for the MedAce App for the Services (including App Store); all other communication through MedAce App and they shall be deemed to have been received by you, after they have been submitted for delivery to the SMS/email service providers; (iii) and consent to receive to receive commercial messages including transactional messages from MedAce; (iv) to use the MedAce Services in good faith and in compliance with all applicable laws and regulations; (v) you shall bear all taxes, duties or governmental levies or any financial charges that may be imposed on any products or services purchased from MedAce App. To the extent you voluntarily opt to have SMS notifications sent directly to your mobile phone, the following terms apply: a. Your mobile service provider messaging rates apply to our confirmation SMS and all subsequent SMS communication. Message and data rates may apply, according to your mobile service provider rate plan. Under no circumstances will we be responsible for any text messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number. If your mobile service provider does not permit text alerts, you may not receive our SMS alerts. We will not be liable for any delays in receipt of any SMS message, as delivery is subject to effective transmission from your network operator. You agree to indemnify and hold us harmless from and against all claims, liabilities, damages (actual and consequential), losses and expenses (including attorney’s fees), arising from or in any way related to your breach f the foregoing. Checking the “I Agree” checkbox is a representation that even though your mobile device or wireless device or contact number is under Do not Call (DNC) / Do Not Disturb (DNB) listing of either mobile service provider or regulatory authority database associated with your explicit instructions, you agree to receive all communication relating to the Services may be made by or on behalf of the Manipal MedAce, either on your mobile contact number or WhatsApp / SMS or text messages. You also agree you may receive promotional message to new features or Products or Subscription Services that will be made available to Users on MedAce App or Website. You also agree that telephone calls may be recorded. Do not submit your information if you do not consent to being contacted by telephone, SMS, email or such other mode of communication. You will always have the option to unsubscribe or opt out from any promotional communications sent by MedAce and or its representatives either by following relevant instructions that be communicated by SMS or email or other modes of communication in which you have received a promotional communication or by disabling the options provided within your Account on the MedAce App. It maybe noted that sometimes:
- If you opt out of the communication services, MedAce or its agents will still send transactional communications such as service announcements, administrative or legal notices and information about your Account, without offering you an opportunity to opt out. If you no longer wish to use the MedAce App or receive any communications from us (except those required legally), then you may delete your Account by following the instructions listed in the ‘Delete your Account’ section or by using the option enabled in the MedAce App or “contact Support/queries” email@example.com
- We do not sell your Personal Information or data provided by you, to any third parties, and do not use your name or your institution name, in any marketing statements without your consent, which may be taken by way of acceptance of these Terms and access to the MedAce App.
ACCESS TO THE SERVICES
You are mandatorily required to be either a person of competence, complying with Terms and modern medicine currently enrolled in a medical college recognized in India or a qualified medical professional registered with the Medical Council of India / National Medical Council. You agree that subject to your payment of applicable fees, we will provide the access to the Services that you obtain after enrolment to a Course or subscription to Products on the MedAce App or website or are the access credentials (“Access Credentials”) needed to access or use the Services, that you have paid for such services and you have selected your subscription. These Access Credentials are to be kept secret and confidential and provided only to you or each individual/user, only for such individual to access the Services using your user account.
To use certain Services, you will need Access Credentials (username and password), you also agree that Access Credentials shall be kept confidential and any, and all activities that you subscribe. You agree to notify promptly us, of any unsolicited activity under your subscription or any breach of security. We are not liable for any loss or damages that you may incur if someone else uses your Access Credentials, with or without your knowledge. You shall be responsible for any losses suffered by us and/or any third party, arising out of unauthorised access of your Access Credentials.
The Service offerings is in the discretion of Manipal MedAce and all offers are non-binding and subject to change. We reserve our right to change, add or delete-without giving reason the content partly or completely or to stop the Services temporarily or completely. We continuously improve the Services on the website and may change the Services at any time, and we would stop providing access to a certain portion of or all our Services. We reserve all right to cancel or otherwise limit your access to any or all Services if we suspect fraudulent, abusive or unlawful activity that occurs under your username, account or Access Credentials or non-compliance of the Terms. To use the Services offered by Manipal MedAce you have to fulfil certain technical requirements that are not part of the services offered by Manipal MedAce (more specifically computer with internet access and software required to use of the Services i.e, compatible internet browser, Flash plugins, etc.).
Deliver modalities: Services or Product subscriptions are offered through following delivery modalities:
- Online Live Sessions by Experts is a live training session available to you via webinar session. Participants are required to sign in at least 10 minutes before the start of the scheduled webinar training session. Participants are expected to go through the e-learning materials before attending the webinar, to enhance the learning experience by discussing the course topics during the Webinar session. Attendance at this live webinar is mandatory and will be monitored and tracked for our records.
- Online (Self-paced) Learning provides one assigned individual with the ability to access and consume available e-learning content at their own pace.
- Video learning: provides one individual to access and consume designed video learning title(s) as part of the course program curriculum.
It is your responsibility to make sure that you complete full training courseware within the product subscription validity period, as applicable to the respective courses or product subscriptions.
The MedAce App or website from time to time might contain discussion forums, blogs, chat rooms and other online forums or through assessment and/or quiz submissions or case studies / interactive sessions (“User Content”). Since, if not most, of the content found on such online forums or internet groups by third party users, and not by the Company. The third-party user who is posting on the internet User Content is provided by third party users, and Manipal MedAce.is not responsible for the content of such posting and for complying with this Agreement. You agree that content on the blogs and forums does not reflect the thoughts, opinions, plans or strategies of Manipal MedAce. You agree and further confirm that while using the website you will not use User Content contain material protected by Intellectual Property law or rights or privacy or publicity, unless you own or control the rights thereto or have received all consents; you will not post files that contain viruses, malicious code, corrupted files or any other similar software or programs that may damage the operation in another’s computer, software or content or engage in any activity that interferes with or disrupts features of the website; you will not post, list or collect information from other individuals including e-mail addresses or images, without their consent. Any and all third-party links or third party websites provided under the blogs are not affiliated, with nor endorsed by Manipal MedAce. In addition to reserving the rights to monitor (without any obligation), for any purpose, any forum at any time, the Manipal MedAce also reserves the right at any time (a) to disclose any information as necessary to satisfy applicable User Content, law, regulation, legal process, government request or similar or to edit, refuse to post or remove any information or materials, in whose or in part, for any reason by Manipal MedAce’s sole discretion.
Manipal MedAce may, under certain circumstances reserve its right to modify or discontinue, temporarily or permanently, any of the Services (or any part thereof) and refuse any/al current and future use of the Service, suspend or terminate your account if we believe that you have violated these Terms and without prior notice to you, terminate or cancel your access to use of our Services and have all rights to take any legal action as provided under applicable laws. Cause for such termination shall include, but not limited to:
- Breach of the Terms or other agreements or policies or guidelines of the Services offered.
- Request arising due to law enforcement or regulatory authorities; or technical difficulties.
Manipal MedAce reserves its right without having to give reason to cancel your access to the Services temporarily or permanently, to block or remove your content and./or limit the use and functionality of the Services. Manipal MedAce reserves the right to block your access without giving reasons if you haven’t used our Services for a longer period of time and till the free or evaluation period or course or product subscription validity period has expired. In certain events, it may be necessary for us to terminate or cancel part or all of our Services, terminate these Terms and block your Account or access, or restrain you as a user on the website or third part website. While your use and access to Services are revoked or suspended, the Terms will remain in effect with respect to other relevant provisions.
We may suspend the provision of a course or product subscription, and in such an event will contact you in advance on when we will be suspending provision of a course or product subscription unless the event is urgent or out of an emergency. You may contact us to end your agreement with us for a course or product subscription, if we suspend it, or inform we will be suspending such course or product subscription. You agree that we are not liable to you, or any third party, for any modification, suspension or discontinuation of the Service.
In the process of our efforts of trying to improve our Services, so they may change from time to time. We may suspend or discontinue part of the Services or introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We will make reasonable efforts to give you notice when we make a material change to the Services that would adversely affect you. We reserve the right to remove any Content or Materials (or part thereof) at any time for any reasons, including but not limited to the foregoing (if someone alleges that Content is in violation of these Terms) in our sole discretion, and without notice. You shall have no claims against MedAce or Manipal Global Education Services Pvt. Ltd.
RESTRICTIONS OF USE OF WEBSITE MEDACE APP AND ACCESS CREDENTIALS
You or Users represent, warrant, and agree that you shall not use the Services to cause harm to others or contribute to any Content or User submission or use or use the Service or interact with the Services in a manner that. For example, you are not allowed or your user Account Credentials will be blocked, no matter in what way (including not limited to):
- Transfer to a third party or joint use with third parties, either temporarily or permanently, any rights to access or use the Services.
- Share access to, download, modify, distribute, transmit, display, perform, publish, reproduce, sublicense, create derivative works from or sell any component of the Services or any content or e-learning materials.
- Usage of rooted/ jailbroken devices emulators, ChromeCast, Android TV, Amazon Fire, Samsung Dex, cloned APK’s, Chrome books, TV/Smart TV/Apple TV or any other virtual machines. Screen casting, screen recording, screen mirroring, downloading videos our of website or learning management system; using any camera, mobile phone or any other device to record from the website or content therein; sharing on social media or other networks, the screenshots of or videos or images or PDF’s from the website or MedAce App platform accessed or content. Usage of multiple devices (other than for personal use) copies or stores any portion of the Content or Services.
- Infringes or violates the intellectual property rights or any other rights of anyone else (including MedAce)
- Post or provide inappropriate, abusive, offensive, harmful, racist, hateful, sexist, pornographic, false, misleading, dangerous, fraudulent, deceptive, threatening, harassing, incorrect, infringing, defamatory or libellous or objectionable content or information.
- Upload, post or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation (commercial or otherwise) through the User Content in Postings as part of Services.
- Use any content on the MedAce App to cause offence, harm, injury, damage or loss of any kind whatsoever to Manipal Global Education Services Pvt. Ltd of Manipal MedAce or any of its affiliates, shareholders, University partners or institutions, its faculty, staff or students or any other person.
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity, including gain unauthorised access through another person’s Access Credentials.
- Damage, disable, overburden or impose an unreasonable or disproportionately large load on the website or MedAce App or interfere with proper working of the website or any of infrastructure of the website or the Services (or any network connected with such Services), jeopardizes or violate the security of the User ID account, or anyone else’s (allowing someone else to login to the Services as you) website or attempt to gain unauthorised access to the website, website content, computer systems or networks connected to the Service of the MedAce App or website through hacking, attempts in any manner, to obtain the password, account, or other security encryption codes, mining or any other means.
- Interfere with or disrupt the website or servers or computer network connected to the website, not follow any requirements, procedures, policies or regulations of network connected to the website.
- Use of any automated process or service (such as a scrapes, crawls, bot, a spider, periodic caching of information by us, or meta-searching) on any page, data or portion of or relating to the Services, or Content, data mining, malware, spyware, computer code or any other automatic device, program, tool, algorithm, process or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of the MedAce App or website or Services provided, any data or content accessed through the website without the prior consent of us.
- Violate any applicable local, state, national or international law including all applicable data protection laws, regulations or other policies of the website or the MedAce App or any other purpose not reasonably intended by MedAce.
- decompiles, reverse engineers or otherwise attempts to obtain the source code or underlying ideas or information or relating to the services;
- Engage in any manner which otherwise diminishes the commercial value of the content or Services or e-learning materials on the website.
- Use the website the site materials or the Services other than for its intended purpose.
- You agree that you will not misrepresent the relationship between Manipal MedAce and you including expressing or implying that we support, endorse or contribute to you or your individual business efforts, nor will you represent Manipal MedAce either by way of implicit relationship or affiliation between Manipal MedAce and you.
- At times, Manipal MedAce might evaluate beta or trial versions of the MedAce App or any features (“beta version’), from time to time by offering access to you of such beta version, which will be subject to additional terms. Manipal MedAce does not make any representations that a beta version will be ever made available for public use and reserves right to discontinue or modify a beta version at any time without notice. Beta versions are provided ‘as-is-basis’ and may contain bugs, errors, or defects. Your use of beta version is at your own risk.
Any violation of any of the foregoing, is grounds for termination of your right to use or access the Services.
OWNERSHIP AND RESTRICTIONS
Manipal MedAce and its licensors retain all ownership and intellectual property rights to the products and anything under the Services developed by Manipal MedAce and delivered to you resulting from Services. You shall not:
- Remove or modify any program markings or any notice of Manipal MedAce or respective licensor’s proprietary rights.
- Make the products or material resulting from the Services available in any manner to any third party for use in the third party’s business operations;
- Cause or permit reverse engineering, disassemble, or de-compilation of the programs/Services, Reproduction or distribution or sharing to a third party of training online content is strictly prohibited.
You further agree that the Contents of the MedAce App are protected by copyright and other laws in India and elsewhere. The contents of the website include both content owned or controlled by Manipal MedAce and content licensed by third parties to Manipal MedAce. The website and content therein are solely for your personal, non-commercial use. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of, use of, or access to the website. Unless otherwise noted, the design features and content of the site, includes information and other materials, illustrations, product layout and design, icons, navigations buttons, images, artworks, graphics, photography, images, text, data, audio sound, software, and infrastructure as well as the selection, assembly, arrangement thereof are owned by Manipal MedAce or its affiliates or are licensed from third parties by Manipal MedAce, (which attributions are provided elsewhere in the content or asset types or learning management system. The website, in whole or in part, is protected by copyright, trademark, service marks, trademark and other intellectual property and other proprietary rights, and all such rights are reserved.
The Company respects the intellectual property of others, and we ask our users to do the same. The Company may, in appropriate circumstances and at its discretion, remove, or disable access to material on the website that it believes or is notified may infringe on rights on others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the Company the following information:
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number and e-mail address;
- Any notices of copyright on the website can be reached by sending e-mail to firstname.lastname@example.org
We track the fair usage of the content hosted on the learning management system platform and other parameters to identify any form of sharing. Any account that falls in the scrutiny of fair usage will be investigated immediately without, Your consent. Any violation of the fair usage would, tantamount to substantial breach f the said Terms and Manipal MedAce would have all the rights to take legal actions as per applicable law, including terminating the Services and blocking your account permanently without any notice to You.
DISRUPTION OF SERVICES
We try every effort to ensure Services are up and running, however, all online services suffer occasional disruptions and outages, and you agree that we are not liable for any disruption or loss you may suffer as a result of (i) including those available on third-party sites; (ii) any loss of materials, information or content materials provided under Services by system outages; (iii) any resultant delay, wrong delivery, non-delivery of data, transactions or any other information or materials caused by system outages, or (iv) system or Service outages caused by third parties, including without limitation, any server hosting the Services, learning management systems, any internet service providers, any third party sites or internet facilities or networks. The website and/or the Services may be inaccessible due to schedule and unscheduled maintenance, updates, power outages, system failure, extended downtime and other interruptions, during such period you may not be able to access portions or all of our Services. We do not guarantee availability to you of the App, the course materials or content at all times and we shall not be held liable for any issues relating to withdrawal of licensor content under the Services.
You agree that possibility exists that Services provided on any third-party site could include inaccuracies or errors, or information or materials that may violate these Terms. While we attempt to ensure the integrity of the Services on third party sites, we make no guarantees as to Service completeness or correctness. In the event you come across any situation, in which the Services completeness or correctness is in question, please provide us a request at email@example.com (with subject line “Inaccuracies in Services on Third Party site”) with if possible, a description of to be checked and the location (URL), where such Services were found on our Services or third-party site in issue, as well as information sufficient for us to enable to contact you. We will make our best efforts and try to address the concern reasonably practicable.
REGISTRATION AND PROGRAM PAYMENT
Billing will be collected according to the payment and subscription plans you signed up for the Services (collectively referred to as “Term” or “Terms”). The obligation to pay the Fees shall apply irrespective of whether you use the Services or not. All amounts are earned when received and are non-refundable. The Agreement will continue for the entirety of the Term and automatically renew for the monthly subscription plan available at the time the Term ends. Most of the products and Services on the website can only be accessed only to registered user with an User Account with MedAce (“Account”). The registration as a user with user account, requires consent to these Terms. B y using our Store or this site, your represent that you are at least the age of majority in your state or province of residence, or that you are age of majority in your state or province of residence and you have given us your consent. Manipal MedAce does not knowingly collect Personal Information from children under the age of 18. If we learn that we collected Personal Information of a child under the age of 18 years that was not supplied to us voluntarily we will delete the data from our systems. You should register with a valid personal / designated academic institution e-mail address that you access regularly so that moderation emails can be sent to you. During your registration you are obliged to provide truthful and complete details to keep these details up-to-date After your registration you will receive a confirmation e-mail to the e-mail address you provided us at the time of registration. By clicking on the link specified in the e-mail you confirm the truthfulness of the details given by you and complete the registration. All communication including notifications specified in the Terms from Manipal MedAce, to the e-mail address provided by you.
Subscription Pricing and payment methods
You agree to have read and understood the Terms of Subscription Services and Product Subscription fees or charges that are applicable before you intend to purchase for the Subscription Term. The following terms are to be read along with other terms communicated to you at the time of purchase of your Subscription.
- Paid Services: Certain of our Services may be subject to payments now or in the future (the “Paid Services”). Please note that any of the Terms presented to you in the process of using or signing up for a Paid Service are deemed part of these Terms. You agree to comply with your license to use our MedAce App is conditioned upon your strict compliance with such App Store terms and conditions. To access and continue access to the Content and Materials, all Subscription fees and charges are attributable to your Account on the MedAce App and you are solely responsible for payment of these Subscription fees and charges, which are payable in full in advance and valid until relevant Subscription Term for the Product or Services Terms stated therein. The Subscription fees and charges for the Products subscribed and specific applicable Subscription Term are subject to applicable Goods and Service Tax (GST) applicable as may be in your country of residence from where you created your Account on the App or purchase the said Product Subscription.
- Payment method: The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.
You further agree that you are solely responsible for all charges that occur though Payment Providers or avail payment methods provided to you, and you acknowledge and agree to indemnify, defend and hold harmless Manipal MedAce or its licensors, its affiliates and their respective officers, employees, directors and agents from any losses arising out of or related to the use of the MedAce App or website or any purchases for Services or Subscription Services made through the MedAce App, using only from the App Store. This obligation shall survive use of the MedAce App or any purchase of Subscription Services carried out on MedAce App. For purposes of these Terms “Losses” means any losses, liabilities, damages, claims, actions, awards, settlement, costs and expenses including reasonable legal costs and costs of investigation, litigation, settlement, judgment, interest and penalties. Manipal MedAce shall not be held liable to you or your successors or legal heirs, rising out of any act or omission on the part of Third Party service provider or Payment Gateway Provider including but not limited to, any lost, stolen, or incorrectly processed payments. Manipal MedAce expressly disclaims any responsibility and liability for all services provided by Third party service providers. You can always check with us by writing to us or at email address provided under section ‘User Support/ queries’ prior to making payments.
Failed transaction means the Users Billing Account, as specified in the Payment Method has been debited through the Payment Processor -Third Party Service provider and we have not received the payment in our bank account, in such cases the money will be refunded to the User’s Billing Account. The User need to get in touch with their respective Payment Method bank/ financial institution for failed transactions.
- Recurring billing: As agreed by you, some of the Paid Services may consist of an initial period, for which there is no one-time charge, followed by recurring periods, for each of which there is one time charge of the same amount as made during the initial period. WE MAY SUBMIT PERIODIC CHARGES AFTER YOU PROVIDE PRIOR NOTICE OF WHICH IS CONFIRMED BY US, UNLESS YOU HAVE TERMINATED THIS AUTHORISATION OR WISH TO CHANGE YOUR PAYMENT METHOD.
- YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS CHANGE IN BILLING ADDRESS) AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT METHOD IS CANCELLED (E.G., FOR LOSS OR THEFT), OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, UNAUTHORISED DISCLOSURE, OR USE OF YOUR USER NAME OR PASSWORD). CHANGES TO SUCH INFORMATION CAN BE MADE UNDER ACCOUNT SETTINGS.
- Free evaluation, trial and other promotions: We may offer any trial or evaluation version for 14 days on MedAce App that provides access to a Paid Services without charge must be used within the period specified for the trail or evaluation period. These trial and evaluation versions may have limited features, may restrict permitted time of use and may contain other limitations. Deleting your Account or deleting the application from your device does not cancel your free evaluation or trial period as described above. If you have already signed up for a free trail on MedAce through the iOS Store of Play Store previously, you will not be eligible for another free trial and will then be automatically signed up to a subscription and charged as described herein.
Mobile Application and In-App Purchases
You acknowledge and agree that the availability of our mobile application is dependent on third party stores, from which you download the application, e.g., the App Store from Apple or Android app market (each an “App Store”). Each App Store may have its own terms and conditions to which you must agree before downloading mobile applications from such App Store, including the specific terms relating to the Apple App Store set forth below. You agree to comply with, and you license to use our application is conditioned upon your compliance with, such App Store terms and conditions. To the extent such other terms and conditions from such App Store are less restrictive than, or otherwise conflict, the terms and conditions of these Terms, the more restrictive or conflicting terms and conditions in these Terms apply.
When you make In-App Purchase, you are doing through either the Apple iTunes service or the Google Play service and you are agreeing to their respective terms and conditions. At https://www.apple.com/legal/internet-services/itunes/us/terms.html and http://play.google.com/intl/en_us/about/play-terms.html). Other than for purchase of MedAce App, we are not a party to any in-App Purchase and have no responsibility for, any payment or purchase transactions you make through an App from the App store.
MedAce App Store iOS and Android App Terms
This section of the Terms are applicable of your user of the Services, including the iOS application (the “Application”) available via the Apple Inc (“Apple”) App Store, but the following additional terms also apply to the Application.
- Both you are Manipal MedAce acknowledge that the Terms are concluded between you and Manipal MedAce only and not with Apple, and that Apple is not responsible for the MedAce Application or the Content;
- The MedAce Application is licensed to you on a limited, non-exclusive, non-transferable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to the terms and conditions of these Terms as they are applicable to the Services;
- You will only use the MedAce Application in connection with Apple devices that you own or control;
- You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the MedAce Application;
- In the event of any failure of the MedAce Application to conform to any applicable warranty including those implied by law, you may notify Apple of such failure, upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the MedAce Application;
- You acknowledge and agree that MedAce and not Apple, is responsible for addressing any claims, you or any third party may have in relation to the MedAce Application;
- You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the MedAce Application infringed any third party intellectual property rights, Manipal MedAce and not Apple, will be responsible for the investigation, defence, settlement, and discharge of any such infringement claim.
- You represent and warrant that you are not located in a country subject to a U.S Government embargo, or that has been designated by the U.S Government as a “terrorist supporting” country, and that you are not listed on any U.S Government list of prohibited or restricted parties;
- Both you and MedAce acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.
You must pay the full fee in advance at the time of your enrolment to the programs selected. Access to the program and online content, will be provided, only after the successful receipt of the fee from you. After the receipt of the fee, Access Credentials will be communicated to you.
All prices, products and offers on the Manipal MedAce website are subject to change without notice. All program fees payable to Manipal MedAce are due as per terms stated in the Terms. You agree to pay any, applicable goods and service tax or other similar taxes imposed by applicable law that Manipal MedAce must pay based on the Services or product subscription that you ordered. You will be charged using the current pricing in effect for the courses or product subscriptions at the time of your confirmed order placement. While we make sure most accurate and up-to-date information, in some instances one or more of our prices may be priced incorrectly. This might happen due to digital images, technical errors, or a mismatch. Manipal MedAce reserves the right to change prices for all our programs, offers or deals. These changes are done due to market conditions, course termination, price changes, inadvertent and inadvertent errors.
DISCOUNTS & PROMOTIONAL OFFERS REFERRALS
We reserve the right to offer custom subscription and pricing plans (including several discounts or promotional offers) that potentially apply to a course or Product Subscription available only for a limited time period or for a custom program or Users. This is in addition to what is being offered on the MedAce App. It is clarified that only one such discount or offer may be selected for payment of program or Subscription fees or charges by you. Discount offers and schemes are subject to availability and in accordance with such discounts or promotional offers terms and conditions and may be withdrawn or changed at any time without notice.
From time to time MedAce may offer rewards or incentives for referring others to the Subscription Services. The details of such offers will be made available to you on our website and MedAce App.
CANCELLING SUBSCRIPTIONS AND REFUNDS
You accept that once a request to cancel your subscription to the Services has been received, your access to any online materials and license to use the content held on the App will continue till the end of Subscription Term.
MedAce is also free to terminate (or suspend access to) your use of the Services or your Account for any reason in our discretion, including your breach of these Terms. MedAce has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms. Account termination may result in deletion of your content We do not provide any refunds. The Users can choose to cancel their Subscription at any time, no refund of Subscription fees or amount charged would be refunded, however the Users would continue to have access to their Account on MedAce App and the Content and Materials for the remaining period of the Subscription Term for the specific Subscipriton Services product.
USE AND DURATION OF CONTENT ACCESS
Subject to your compliance with these Terms and the law, you may access and use the Services.
Your access to and use of the Services is for a limited period of time only and equal to the length or course or product subscription validity period that is specified on the MedAce App or communicated either orally by authorised counsellors followed with email to your queries or interest on the respective course or product that you have enrolled. You can reach out to the support desk by writing an email through an email at firstname.lastname@example.org, for details about the Services including the course or product subscribed that you are enrolling or subscribing to. You are required to capture the ‘name of the program or product’ in the email subject line. You shall cooperate and extend reasonable support with us to address your queries.
By submitting an enquiry or the ‘I agree’ ‘I submit’ or ‘I acknowledge’ or ‘I am Interested’ or similar icon on our website or a designated URL displaying any promotional advertisement or referral link only for the Services or courses or subscription product or the MedAce App , you agree to enrol to the course or Subscription product and accept the Terms and your enrolment to the course and Subscription Product and bound by any other applicable terms, policies and guidelines issued by us or third-party content and/or service provider from time to time and from the payment receipt date for the specific course or subscribed product (in case of feedback or evaluation or trial license the first login to the MedAce App date as first session) as applicable.
Content available on the website or MedAce App can be removed at any time. Offers for using the content are subject to change and are non-binding. There can be no claims for the continuous and permanent availability of all the Manipal MedAce Content provided at a certain moment in time and therefore no claim for all content available at the beginning of a subscription being available for the entire period.
We are not responsible for delays beyond our control: Where the provision of the courses or Product Subscription (commencement of the first session of a course) is delayed beyond our control, then we will contact you as soon as possible to let you know and we will take reasonable steps to minimise the delays. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us.
CONTENT LICENSE AND PERMISSION
Where we provide content and materials in connection with the Services, including without limitation the tools, access to third party products and site, referred as “Manipal MedAce Content” or “Licensor Content” (as applicable). Any content uploaded or posted under the Services by you or User is “Your Content”. All the respective content remains the proprietary property of the person or licensor or entity supplying it (or their affiliates or third-party providers) and is protected, without limitation, pursuant to relevant copyright and intellectual property laws.
Anything you post, upload, share, store or otherwise provide trough the Services (“your Content” or “User Submissions” or “User Content”). Certain User submissions may be viewable to other users. You are solely responsible for all User Content, which you represent and warrant that are accurate, complete and up-to-date and in compliance with applicable laws, rules and regulations. You agree not to post, upload, share, store or otherwise provide through the Services any User Content that (i) infringe third party intellectual property rights (copyrights, trademarks, patent or trade secrets) or other rights (privacy rights, publicity rights etc.); (ii) contain sexually explicit content or pornography; (iii) hateful, defamatory, discriminatory content or incite hatred, against any individual, or group or ethnicity or nationality; (iv) unlawful acts or incite violence or violate any law in any jurisdiction; (v) depict animal cruelty or extreme violence towards animals; (vi) exploit minors; (vii) promote fraudulent schemes, betting, get rich quick schemes, online gaming and gambling, cash gifting, work from home business or dubious money making schemes; in any form or manner or that actions that results in any of the foregoing or actions with similar results.
By User Submissions through the Services you hereby grant MedAce a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, truncate, aggregate, distribute, prepare works of display, perform and otherwise utilize (except as set forth below) the User submission in connection with the MedAce App or Services (and derivative works thereof) nd our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of this site or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), and including after your termination of your Account or the Services. You also hereby do and shall grant each user of this site and/or the Services a non-exclusive, perpetual license to access your User Submissions through this site and/or the Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions, including after your termination of your account or the Services. For clarity, the foregoing license grants to us and our users do not affect your other ownership or license rights in your User Submissions, including the right to grant additional licenses to your User Submissions, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
We may as additional features in our services permit you to share information with other users, including your networks or other Third Party Accounts. When your content is authorised for sharing, we will clearly identify the content you are authorised to redistribute and the ways you may redistribute it, usually by providing a “share” button on or near your content If you share information from the Services with other Users through your Third Party Accounts, such as social network sites, you authorised us to share that information with the applicable Third Party Account provider. Please review the Third Party Account providers you share information with or through for additional information about their terms and privacy policies on how they may use such information. If you redistribute content you must be able to edit or delete any user content you redistribute, and you must edit or delete it promptly upon our request.
Subject to the Terms, we grant each User of the Services a worldwide, limited, non-exclusive, non-transferable, non-licensable, revocable license to download and display locally, access and use the “Manipal MedAce Content” “Content” or “Licensor Content” (as applicable) solely for the purpose of the Services for the Subscription Term, for which you have enrolled and paid all requisite fees, solely for your personal, non-commercial, educational purpose, and not on behalf of or for the benefit of any third party only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorised to use the Services. in accordance with the Terms associated with respective courses or product subscriptions or Services. All other uses are expressly prohibited, without our prior written consent. Use, reproduction, modification, distribution or storage of any Content for any purpose other than using the Services expressly prohibited without prior written permission from us. You agree and acknowledge that Manipal Global Education or Manipal MedAce owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, creative derivatives works based on or otherwise exploit any of the Services.
We respect all copyright, intellectual property rights, privacy and defamation and other laws relating to content and information and will not entertain any violation of such laws. Notwithstanding the foregoing, we do not screen the Providers’ content and all use of the same by you at your own risk and we shall not have any liability for such use. No review or posting or appearance of the Providers’ Content on through the Services on the MedAce App or website is intended to act as an endorsement or representation that any such Provider’s content is free of violation of any copyright, intellectual property rights, privacy or any other laws or will suit a particular purpose or accurate or useful.
All rights not expressly granted herein under these terms are retained by respective content licensors and these terms do not grant any additional licenses (express or implied) for such third-party content.
We and our third-party provider’s content material or suppliers or licensors (as applicable) retain all the right title and interest in and to the MedAce App or website and the Services, including any copyright, patents, trade secrets, trademarks and other intellectual property rights.
We reserve the right to block access to or remove material or content that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our service providers, faculty members or users and remove and discontinue display or access to such infringed content.
Procedure to report Copyright infringement: If you believe that any material or content residing or are accessible through the Services infringes your copyright (or the copyright of someone whom you are authorised to act on behalf of), please send a copyright infringement containing the following information to MedAce support team email@example.com; with following details in proper manner: (a) a physical or with electronic signature of a person authorised to act on behalf of the owner of the copyright that has been allegedly infringed; (b) identification or works or materials being infringed; (c) identification of material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to be removed, with sufficient detail so that Company is capable of finding and verifying its existence; (d) contact information about the notifier including address, telephone number, and if available, email address; (e) with a statement tha the notifier has a good faith belief that the content or material identified above is authorised by copyright owner, its agent or the law; and statement under right to offence of perjury under law, that the information notified is accurate and the notifying party is authorised to make on behalf of the copyright owner. Upon receipt of proper notice of copyright infringement, we retain the sole right to i) remove or disable access to the infringing material in the Content; ii) notify the content provider or service provider or subject faculty who is accused of infringement that we have removed or disabled access to the applicable material; and iii) terminate such content services provider or subject faculty to the Services being an offender.
If the content service provider or subject faculty believes that the material that was notified ot be allegedly infringing or removed (or to which access was disabled) is not infringing, or the content provider or subject faculty believes that it has right to post and use such material from the copyright owner, pursuant to the law, (i) may send a counter notice containing a) a physical or electronic signature of content provider; (ii) identification of material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled; (iii) a statement that the content service provider or subject faculty has a good faith belief that a material was removed or to which access has been disabled as a result of mistake or misidentification of the material’ and (iv) content service provider’s or subject faculty’s name, address, telephone number and if available, email address, and a statement that that such person or entity consents to the jurisdiction of the court for the judicial district in which the content provider’s address is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
The Terms does not grant or imply any rights to any Manipal MedAce or its supplier or services provider partner’s trademarks, trade names or logos. We retain all rights not expressly granted under these Terms and no other rights are granted. No logs or any other product or service name or slogan or taglines, contained in the MedAce App and website may be copied, imitated or used, in whole or in part, without the express prior written permission of Manipal Global Education Services Private Limited or MedAce or the applicable trademark owner. In addition, the look and feel of the MedAce App and website, including all page headers custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of the Manipal MedAce and may not copied, imitated or used, in whole or in part, without our express prior written permission. Al other trademarks, service marks, logos and product names published on the MedAce App and website are the property of their respective owners. Reference to any product, service or process or other information, by trade name, trademark, supplier or service provider or third party does not constitute or imply endorsement, sponsorship or recommendation thereof by Manipal MedAce.
You hereby authorize Manipal MedAce to use testimonials and your photographs for promotional activities.
The access to the Content including study materials used include instructional videos, presentation, e-learning materials, audio transcriptions, images, illustrative diagrams, multiple choice questions, reference materials etc., made available to you as part of our subscribed Services as per Terms hereunder. We do not represent, guarantee or commit to you that these will be error free. The Services and accompanying content will continue to be constantly updated (addition or removed) as with or without any prior notice to You and at a sole discretion of Manipal MedAce. We also do not claim any guaranteed success / professional advantage with the use of the Services. You acknowledge that we have not been authorised or recognized by any regulatory body or Medical Council of India/ National Medical Council of India to give any sort of medical advice, opinion, diagnosis, prescription or treatment. You also understand that Services provided to You shall not be considered as medical classes or replacement / substitution of your classroom or clinical / non-clinical studies as part of the curriculum of the respective medical degree program offered by the institution / university that you are enrolled for the recognized medical training as regulated and recognized by Medical Council of India / National Medical Council or other regulatory bodies.
You agree to indemnify, defend and hold Manipal MedAce, its affiliates, shareholders, supplier, partner, licensor and their respective officers, directors, employee, consultants, representatives harmless from and against any and all claims, liability, damages, losses, costs and expenses (including attorneys’ fees) arising from (a) the User Content you post or submit, (b) your use of the Services (c) your violation of these Terms, or (d) your violation of any rights of a third-party or (e) third party claims who rely on Your representations to them based on the information made available through Our Services. Your indemnification obligation will survive the termination of these Terms and your use of the Services. Manipal MedAce reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Manipal MedAce’s defence of such claim.
LIMITATION OF LIABILITY
You agree that the MedAce App and website and the Services are intended to be used within the jurisdiction of Indian only. We only assume liability according to the following rules.
- Towards companies we are only liable for claims if our executive employees have acted with gross negligence and liable for negligence of executive employees for breach of material contractual obligations by its executive employees in performing an obligations, as per the Terms hereunder, Towards consumers, Manipal MedAce is only liable for damages in case of gross negligence and in case of breach of material contractual obligations as per the Terms hereunder. Material contractual obligations are duties which are fundamental for fulfilment and observation of which you have justified trust in.
We, nor any of our affiliates, licensors, suppliers, vendors, and their respective officers, directors, employee, consultants, representatives are responsible or liable to you or to any other person for any indirect, consequential, punitive or special damages, of any character (including without limitation, damages for loss of business, loss of data or lost profits), whether in an action in contract, tort or otherwise, negligence, strict liability or other theory, arising out of or in connection with the Services and/or materials including materials available through third-party platform submissions, any linked site or any code, product or service purchased, your unauthorised access to or alteration of your transmissions or data or confidential information, even if we have been advised of the possibility of such damages. Your sole remedy for dissatisfaction with our Services, content and materials, including any programs, products and services available through third-party deliverables, platforms, submissions or other linked websites is to stop using the Services, materials, submissions, products, or linked third party sites, as applicable. The sole and exclusive total aggregate liability of Manipal MedAce for all damages, losses and cause of action, whether in contract, tort (including without limitation, negligence) or otherwise, shall be the total amount paid by you to Manipal MedAce for the courses/programs/certifications enrolled, in the twelve (12) months before the event giving rise to your respective claims. No communication of any kind between you and Manipal MedAce or its representative constitute a waiver of any limitations of liability hereunder. We make no warranties of any kind, expressed or implied, with respect to any programs or Services sold on or through the MedAce App and website or partner sites. Multiple claims will not increase the monetary damages limit stated herein.
THIRD PARTY SERVICES / SITES
If there is a dispute between participants on this site or Services, or between users and any third party, you agree that MedAce is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release SplashLearn, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. You shall and hereby do waive California Civil Code Section 1542 or any similar law of any jurisdiction, which says in substance: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.
By using the Services on our MedAce App and website, you agree that we may communicate with you as User electronically regarding security, privacy, policy and administrative use issues relating to your use of the Services on these Terms. If we learn of a security systems breach, we may notify you electronically by posting a notice through the Services or sending an e-mail to your e-mail address specified when you signed up for the Services. Notice will be deemed to be delivered with twenty-four hours after an electronic mail has been sent on your registered valid e-mail address unless you notify us in advance that the registered e-mail address is invalid.
Any notice or other communication by you hereunder will be by email to firstname.lastname@example.org
This Terms/agreement and any claim or dispute arising out of, relating to or in connection with this Terms/agreement or the transactions contemplated hereby, whether in contract, tort or otherwise, shall be governed by and construed in accordance with the laws of India, without giving effect to its conflicts of law principles and referred to exclusive jurisdiction of the courts of Bangalore, Karnataka, India and you irrevocably and unconditionally consent and submit to the exclusive jurisdiction of the above courts over any suit, action or proceeding arising out of these Terms. This Agreement constitutes the entire agreement between you as user and Manipal MedAce with respect to the MedAce App and website and supersedes al prior communications, proposals, oral or written between the user and the Manipal MedAce with respect to the MedAce App and website.
We do not warrant uninterrupted or error free operations of the Services of the courses or Products subscribed. We are not obliged to offer you any technical support in relation to your subscription other than the specific support that has been included as part of the subscription plan You have opted for. You further accept and acknowledge that We cannot be held responsible for any delay or disruption to your subscription, not limited to as a result of such suspension or any of the following,
- The operations of the internet and World Wide Web, including not limited to viruses,
- Firewall restrictions placed on your network or the computer that you use in accessing the Services and content;
- Brower issues (we recommend you use the latest updated browser version of Google Chrome, Mozilla Firefox, Microsoft Edge when you access our Services;
- Not meeting the Minimum system requirements to access the Services Android, iOS 10 and Windows OS; These requirements have been based on user experience and is not conclusive or guarantee that if the above criteria is met, the Services would work in the like manner. Other unforeseeable circumstances too be considered while using the Services.
For any support/queries, you may reach us or mail to email@example.com and ticketing tool Freshdesk webbased tool. All requests will be acknowledged within 48 Business Hours from the receipt of an email.
These Terms and any policies applicable to your use of Services constitute the entire understanding between you and us with respect to subject matter hereof and supersede all previous written or oral agreements between the parties with respect of subject matter. If any of these Terms is found to be illegal, void or unenforceable, then such specific provision shall be deemed to be severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of these Terms. A waiver of provision of these Terms may be only by a written instrument by the party entitled to such benefit of such provision. The failure of Manipal MedAce or any of its third-party service providers, or its licensors to act with respect to your breach or anyone else’s breach on any occasion and shall not constitute a waiver of its right to act or provision of Terms, with respect to future or similar breaches. The failure of Manipal MedAce to comply with these Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of the state, central or local government authorities or for any reason beyond the reasonable contract of Manipal MedAce, shall not be deemed a breach of these Terms. The headings used in these Terms are for your convenience and reference. These headings do not limit or affect these Terms. The Terms, together with those items made a part of these terms by reference, make up the entire agreement between us, relating to the site. Nothing in these Terms shall be construed as making either party the partner, joint venture, agent, legal representative, employer or employee of the other. Neither we nor any other party to these Terms shall have or hold itself out to any third party as having any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other party except as provided for herein or authorised in writing by the party to be bound. You agree and acknowledge that Manipal MedAce will be irreparably harmed by any breach of Terms by you as Users unauthorised use of the MedAce App and website or content or Services provided herein, and further, that monetary damages may not be sufficient remedy for such harm. You agreed that we shall be entitled without waiving any other rights or remedies and without further demonstration of irreparable harm or the inadequacy of monetary damages, to obtain injunctive or other equitable relief in the event of a breach of these Terms by you or your unauthorised use of the MedAce App and website or Content and Materials hosted on the MedAce App and website.
If you have any questions or queries, comments, concerns regarding these Terms or the Services on the MedAce App, please contact the Grievance Officer at:
All notices related to grievances should be sent in writing to registered office the Company at following address:
Kind Attn: Support- MedAce, Manipal Global Education Services Private Limited, 5th Floor, Prestige Emerald, #4, Madras Bank Road (off. Lavelle Road), Bangalore, Karnataka – 560 001
ACCEPTANCE OF THESE TERMS AND CONDITIONS
Note that you must be 18 years of age or older to accept these terms and conditions. Users less than 18 years of age, you must have a parent or legal guardian send a written consent form duly signed by a parent or legal guardian accept on your behalf and addressed to the Manipal Global Education Services Private Limited at their address indicated below prior to their registration and any updates or changes as may be provided during the course as user of the Services herein. Checking the “I Agree” checkbox is a representation from you that you are at least 18 years of age. If you use this site from locations other than India, you are responsible for compliance with any and all applicable local laws.
I further confirm that my responses to quizzes, assessments, projects and other assignments under the respective program will be solely submitted by me. I further confirm that I will not engage in any other activities that will dishonestly improve my results or dishonestly improve or hurt the results of others.