Terms & Conditions

NOTICE

All references to “you” or “your” “yourself” or “user” or “End User” or “authorised user” refers to any natural or legal persons, who browses the website the individuals who have an active, valid subscription and are enrolled in a course offered by Manipal Global Education Services Private Limited ( “Manipal MedAce”, “we”, “us”, “our”) and contracts with Manipal MedAce for their personal use and for the purpose of acquiring knowledge and skills. This Terms together with all applicable laws, rules, regulations and guidelines governing the services is collectively an agreement between you and Manipal MedAce, that provides your rights to the online courses, assignments, assessments, data or copyrightable training materials, content, documentation, program material, discussion boards, videos and other media simulations (audio and video clips), illustrations, webinars, online learning platform, software and other electronic services being digital assets, that allow you to view and use content and services (“Services”) that are accessed through and use of this website, including the content, features and any microsite, blogs and discussion groups on https://manipalmedace.com (“the website”), learning management systems on which such content and services are offered, are subject to the terms, conditions set forth herein, including the Privacy Policy which is incorporated herein by this reference (this “Terms”). By installing, browsing, downloading, accessing, updating, subscribing, upgrading or otherwise using the Services and content you consent to (i) fully complying with this agreement and Terms and Privacy Policy; (ii) use of the Services and content only as per the manner and strictly for the purpose provided under this agreement; and (iii) solely responsible for transfer of any payments made through the website or app in exchange for accessing the Services requested by you. In case of an organisation / university / institution with a valid subscription and contracts with Manipal MedAce, in which case, the End User information will be processed by Manipal MedAce. “App” shall mean the Manipal MedAce application that can be accessed and used by user or End User to avail the Services and content on the website and its sub-domains. “End User” means an organisation’s employee who is authorised as a learner by such an organisation to use the Services. The words “course” or “program” shall mean the same for all references on the website. All program techniques and study materials (online and print) are the exclusive intellectual property of Manipal MedAce. To the extent you have entered into a written agreement with Manipal Global Education Services Private Limited containing the terms that directly conflict with the Terms, the terms set forth in the written and mutually fully executed agreement shall control.

From time to time, we may update/modify these Terms to reflect new terms of understanding for the Services. Such modifications of Terms will be effective from the day when these are posted, on the website, unless stated otherwise. Your continued use of the website and the Services after changes become effective shall mean your acceptance of these changes. By accessing the website and Services, you understand and agree that we may change the website at any time, including removing, deleting, or modifying any content thereon and you agree to abide by the most current version of the Terms, as revised Terms will supersede all previous Terms. If you do not choose to accept the changes to the Terms, you may cancel your access to the website and the courses as referred under termination.

Any personal information submitted by you in connection with your use of the Services is subject to our Privacy Policy (“Privacy Policy”), as specified in [link to Manipal MedAce online privacy policy]. In the event of a conflict between the terms and conditions of the website and another Manipal MedAce website or partner website, the more specific terms and conditions shall prevail with respect to such conflict and only to website governed by such other terms of use.

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 website and learning management systems in connection with Manipal MedAce courses or 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 website, learning management systems, 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 materials. You may not also reproduce any images, illustrations, photographs, extensive text excerpts, chapters or e-books used as part of the course materials or web ILT courses which is used on the website.

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 program on the 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: Courses 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 course or validity period, as applicable to the respective courses.

The website from time to time might contain discussion forums, blogs, chat rooms and other online forums (“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 program / course 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, and in such an event will contact you in advance on when we will be suspending provision of a course unless the event is urgent or out of an emergency. You may contact us to end your agreement with us for a course, if we suspend it, or inform we will be suspending such course. You agree that we are not liable to you, or any third party, for any modification, suspension or discontinuation of the Service.

RESTRICTIONS OF USE OF WEBSITE AND ACCESS CREDENTIALS

You and your End Users shall not use the Services to cause harm to others or the Service. 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 PDF’s from the website or learning management system platform accessed or content. usage of multiple devices (other than for personal use)
Post or provide inappropriate, abusive, offensive, racist, hateful, sexist, pornographic, false, misleading, incorrect, infringing, defamatory or libellous 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 website 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, 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 interfere with proper working of the website or any of infrastructure of the website or the Services (or any network connected with such Services), violate the security of the website or attempt to gain unauthorised access to the website, website content, computer systems or networks connected to the Service of the website through hacking, password 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 bot, a spider, periodic caching of information by us, or meta-searching), 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 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.
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.

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 website 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, trade-mark and other intellectual property and other proprietary rights, and all such rights are reserved.

COPYRIGHTS

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 copyrights@manipalmedace.com

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 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 support@manipalmedace.com (with subject line “Inaccuracies in Services on Third Party site”) with if possible, a description of Services 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

Most of the products and Services on the website can only be accessed only to registered user. The registration as a user with user account, requires consent to these Terms. 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. We and our academic partners providing courses on the website may offer a certificate or other acknowledgements to you, if you have successfully completed the training and have undertaken the entire course duration, with a demonstration of greater understanding and mastery of course material of the program to which you are enrolled. Manipal MedAce and/or the academic partner / delivery partner will issue the certificate subject to (1) your successful completion of the program and have undertaken the entire course duration including assessments (2) payment of full course fee. The decision whether a certificate will be awarded to you will be solely within the discretion of us and the respective academic partner. Manipal MedAce and the academic partner may choose not to offer a participation certificate for some courses. 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.

You should refer to the Privacy Policy for additional details on how we handle and protect personal information and Sensitive Personal Data /Information (SPDI) if you choose to provide those to us or third-party service providers, and you will be re-routed to a secure website to complete the payment transaction. The privacy statement posted at the payment, landing page operated by such third-party vendor will govern the submission and processing of your payment details. Once your payment transaction is completed, you will be re-routed back to a Manipal MedAce confirmation page and will receive a confirmation e-mail with your name, course/program order and the payment amount. Please retain this e-mail for your records as this information will be required if you seek a refund from Manipal MedAce as described below or refer the applicable refund policy.

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, Start Date of the program (“Start Date” means the ‘orientation session date’ of the program) 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 that you ordered. You will be charged using the current pricing in effect for the courses 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

If several discounts or promotional offers potentially apply to a course, only one such discount or offer may be selected for payment of program fees 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.

WITHDRAWALS AND REFUNDS

We try our best to ensure that our users have a rewarding experience while they discover, assess, purchase, and experience our courses. In case you intend to withdraw from the courses, you agree that the following withdrawal and refund rules will apply.

You accept that once a request to cancel your course has been received, your access to any online materials and license to use the course content held on the website will be revoked.

Refunds due to Technical Issue: Refund policy if you suffer a Technical Issue on the website:

Refunds will not be granted due to Technical Issues faced by you at the time of enrolment to programs listed on our website, unless you allow us to adequately try and assist you after you provide all detailed description of the Technical Issue that you faced on the website. If we are unable to resolve the issue, we will issue a full refund of the program fees paid for that failed instance due to Technical Issue. Please contact us to solve the issue, before requesting a refund for a technical issue. Final decision on whether the issue is due to Technical Issue or not, solely lies with us, and you expressly waive all your rights or rejections against the same. A “Technical Issue” with the enrolment process means where your enrolment to the Program failed after the payment of Program Fees has been charged to your bank account or credit card account. To meet the condition for claiming a Technical Issue, you have to meet the following criteria:

(a) you should have made a purchase for enrolment to a course on the website;

(b) you must bring the Technical Issue to our attention in writing by sending an email to support@manipalmedace.com, as soon as the issue is detected and providing all detailed description and circumstances of the Technical Issue. The claim must be made at the latest 24 hrs after the time and date of the Technical Issue has occurred on the website. You must not have directly or indirectly caused the Technical Issue (through your own action, omission or negligence) and that you have not failed to receive our welcome program enrolment e-mail due to use of filter or email-blocking technology that prevents the correct delivery of email to your registered email, intimating your enrolment to the Program, that you have opted.

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 validity period that is specified on the website against the respective course that you have enrolled. You can reach out to the support desk by writing an email through an email at [EMAIL], for details about the course that you are enrolling. You are required to capture the ‘name of the program’ in the email subject line. You shall cooperate and extend reasonable support with us to address your queries.

You agree and confirm that you are only eligible for access till the validity period of courses enrolled as specified on the website and any other documents communicated to you from time to time, subject to the Terms of Use of website, and such access can be withdrawn at our discretion at any time and you will have no claims against us for any withdraw/restriction of access as aforesaid.

By submitting the online course enrolment or registration form, you agree to enrol to the course and accept the Terms and your enrolment to the course 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 start date of the course (in case of orientation session start date as first session) as applicable.

Content available on the website or platform 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 (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 End User is “Providers’ 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.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the “Manipal MedAce Content” or “Licensor Content” (as applicable), for which you have enrolled and paid all requisite fees, solely for your personal, non-commercial, educational purpose, in accordance with the Terms associated with respective courses or Services. All other uses are expressly prohibited, without our prior written consent.

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 website is intended to act as an endorsement or representation that any such 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 content material suppliers or licensors (as applicable) retain all the right title and interest in and to the website and the Services, including any copyright, patents, trade secrets, trademarks and other intellectual property rights.

The Terms does not grant or imply any rights to any Manipal MedAce or its supplier or 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 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 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 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 wil 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.

WARRANTY

The services, content, materials, providers’ content, courses, programmes, and other materials made available on or through the use of the Services are provided “as is” and without any warranties of any kind, either express or implied. To the fullest extent permissible, Manipal MedAce and its affiliates, suppliers and vendors make no warranties, express or implied, guarantees, without limitation, implied warranties of title, non-infringement, correctness quality, accuracy, completeness, reliability, nature or kind of information and content on the website or third party websites that are linked or from or mentioned on the website, merchantability and fitness for a particular purpose and any warranties that may arise from courses of dealing course of performance or usage of trade. Manipal MedAce, its affiliates and its suppliers, licensors and vendors do not warrant that the services will be uninterrupted, error-free or secure, that defects will be corrected, or that the Services, the servers on which the Services are hosted or any services available on any third party platform, are free of virus or other harmful components, no opinion, advice or statement of Manipal MedAce, its licensors, suppliers or vendors, whether through use of services or on third party platforms, or otherwise, will create any warranty. Your use of the services, including without limitation any services provided on any third-party platform, are entirely at your own risk. These third party websites do not reflect Manipa MedAce opinion and are not reviewed or controlled by Manipal MedAce. If you are dissatisfied with any of the materials or other contents of the website or with this Terms, including the Privacy Policy, or other policies, your sole remedy is to discontinue use of the website. Although the website is intended to be educational, neither the Manipal MedAce or its affiliates or any third party associated with the website makes any representations, warranties or guarantees that any user hereof will obtain any particular result, including with limitation, master any particular skills or pass any examination or achieve any other tangible results based upon use of the products, services, or other offerings on this website. In no event shall the Company or its affiliates or third parties associated with the website be liable to any user or any third party for any damages whatsoever (including, without limitation, direct, indirect, incidental, consequential, special, exemplary or lost profits) resulting from the use or inability to use the website or the contents thereof, whether based on warranty, contract, tort or any other legal theory, and whether or not the Manipal MedAce is advised of the possibility of such damages.

INDEMNITY

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 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 website or partner sites. Multiple claims will not increase the monetary damages limit stated herein.

THIRD PARTY SITES

The website and Services may contain links to third-party sites. These linked sites are not under our control, and we are not responsible for the content of any linked site or any other link contained in a linked site, or any changes or updates to such sites. These links are provided only as a convenience, and the inclusion of a link does not imply endorsements by us of the linked site. You are solely responsible for your interactions with the third parties. You use of third-party sites or services may be subject to third party’s terms and conditions of use and privacy policies of their respective owners as contained therein.

NOTICES

By using the Services on our website, you agree that we may communicate with you and your End 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 support@manipalmedace.com.

GOVERNING LAW

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 website and supersedes al prior communications, proposals, oral or written between the user and the Manipal MedAce with respect to the website.

SUPPORT SERVICES

We do not warrant uninterrupted or error free operations of the Services of the program / courses 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,

(a) The operations of the internet and World Wide Web, including not limited to viruses,

(b) Firewall restrictions placed on your network or the computer that you use in accessing the Services and content;

(c) Brower issues (we recommend you use the latest updated browser version of Google Chrome, Mozilla Firefox, Microsoft Edge when you access our Services;

(d) 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 support@manipalmedace.com. All requests will be acknowledged within 48 Business Hours from the receipt of an email.

MISCELLANEOUS

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 or your End Users unauthorised use of the 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 website or website content.

ACCEPTANCE OF THESE TERMS AND CONDITIONS

I understand that by checking the “I Agree” checkbox when prompted, or continuing to use the website, I acknowledge that I have read, understood and that I agree to the Terms and conditions contained herein including Privacy Policy, and any other documents communicated from time to time.

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.