TERMS OF SERVICE AGREEMENT
Last Revision: 31 October 2020
Welcome to Medigram.in. This website is owned and operated
by MEDIGRAM SOLUTIONS PRIVATE LIMITED & C/o
RAJESH/HARIBALLABH AGRAWAL ,INFRONT OF SBI
ATM,Parkota,sagar,Madhya Pradesh,470002. By visiting our
website and accessing the information, resources, services,
products, and tools we provide, you understand and agree to
accept and adhere to the following terms and conditions as
stated in this policy (hereinafter referred to as the ‘Agreement’),
along with the terms and conditions as stated in our Privacy
Policy (please refer to the Privacy Policy section below for more information).
We reserve the right to change this Agreement from time to time
with/without notice. You acknowledge and agree that it is your
responsibility to review this Agreement periodically to familiarize
yourself with any modifications. Your continued use of this site
after such modifications will constitute acknowledgment and
agreement of the modified terms and conditions.
PLEASE READ THIS TERMS OF SERVICE AGREEMENT
CAREFULLY. BY USING THIS WEBSITE OR ORDERING
PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE
BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS
AGREEMENT.
This Agreement governs your use of this website Medigram.in
(hereinafter referred to as the ‘Website’), MEDIGRAM
SOLUTIONS PRIVATE LIMITEDc’s offer of Products and
Services for purchase on this Website, or your purchase of
Products and Services available on this Website. This
Agreement includes and incorporates by this reference, the
policies and guidelines referred below. MEDIGRAM SOLUTIONS
PRIVATE LIMITED reserves the right to change or revise the
terms and conditions of this Agreement at any time by posting
any changes or a revised Agreement on this Website.
MEDIGRAM SOLUTIONS PRIVATE LIMITED will/will not alert
you that changes or revisions have been made by indicating on
the top of this Agreement the date it was last revised. The
changed or revised Agreement will be effective immediately after
it is posted on this Website. Your use of the Website following the
posting of any such changes or of a revised Agreement will
constitute your acceptance of any such changes or revisions.
MEDIGRAM SOLUTIONS PRIVATE LIMITED encourages you
to review this Agreement whenever you visit the Website to make
sure that you understand the terms and conditions governing use
of the Website. This Agreement does not alter in any way the
terms or conditions of any other written agreement you may have
with MEDIGRAM SOLUTIONS PRIVATE LIMITED for other
products or services. If you do not agree to this Agreement
(including any referenced policies or guidelines), please
immediately terminate your use of the Website.
Responsible Use And Conduct
In order to access our Resources/ Products and Services, you
may be required to provide certain information about yourself
(such as identification, email, phone number, contact details,
etc.) as part of the registration process, or as part of your ability
to use the Resources. You agree that any information you
provide will always be accurate, correct, and up to date.
You are responsible for maintaining the confidentiality of any
login information associated with any account you use to access
our Resources/ Products and Services. Accordingly, you are
responsible for all activities that occur under your accounts.
Accessing (or attempting to access) any of our Resources/
Products and Services by any means other than through the
means we provide, is strictly prohibited. You specifically agree
not to access (or attempt to access) any of our Resources/
Products and Services through any automated, unethical or
unconventional means.
Engaging in any activity that disrupts or interferes with our
Resources/ Products and Services, including the servers
and/or networks to which our Resources / Products and
Services are located or connected, is strictly prohibited.
Attempting to copy, duplicate, reproduce, sell, trade, or resell our
Resources / Products and Services is strictly prohibited.
You are solely responsible for any consequences, losses, or
damages that we may directly or indirectly incur or suffer due to
any unauthorized activities conducted by you, as explained
above, and may incur criminal or civil liability.
Privacy:
MEDIGRAM SOLUTIONS PRIVATE LIMITED believes strongly
in protecting user privacy, which is why a separate Privacy Policy
have been created in order to explain in detail how we collect,
manage, process, secure, and store your private information.
Please refer to MEDIGRAM SOLUTIONS PRIVATE LIMITED
privacy policy, incorporated by reference herein, that is posted on
the Website.
Products and Services – Terms of Offer:
This Website offers for sale certain Products and Services
(hereinafter referred to as ‘ Products and Services’). By placing
an order for Products and Services through this Website, you
agree to the terms set forth in this Agreement.
Customer Solicitation:
Unless you notify our third party call center representatives or
direct MEDIGRAM SOLUTIONS PRIVATE LIMITED sales
representatives, while they are calling you, of your desire to opt
out from further direct company communications and
solicitations, you are agreeing to continue to receive further
emails and call solicitations from MEDIGRAM SOLUTIONS
PRIVATE LIMITED and its designated in house or third party call
team(s).
Opt Out Procedure:
We provide 3 easy ways to opt out of from future solicitations –
You may use the opt out link found in any email solicitation
that you may receive.
You may also choose to opt out, via sending your email
address to: [opt-out email].
You may send a written remove request to MEDIGRAM
SOLUTIONS PRIVATE LIMITED sales representatives, while
they are calling you, of your desire to opt out from further
direct company communications and solicitations, you are
agreeing to continue to receive further emails and call
solicitations from MEDIGRAM SOLUTIONS PRIVATE
LIMITED & ADDRESS C/o RAJESH/HARIBALLABH
AGRAWAL ,INFRONT OF SBI ATM,Parkota,sagar,Madhya
Pradesh,470002.
Proprietary Rights:
MEDIGRAM SOLUTIONS PRIVATE LIMITED has proprietary
rights and trade secrets in the Products and Services. You may
not copy, reproduce, resell or redistribute any Product
manufactured and/or distributed by MEDIGRAM SOLUTIONS
PRIVATE LIMITED. MEDIGRAM SOLUTIONS PRIVATE
LIMITED also has rights to all trademarks and trade dress and
specific layouts of this webpage, including calls to action, text
placement, images and other information.
Taxes: If you purchase any Products and Services, you will be
responsible for paying the applicable taxes. (GST)
Content, Intellectual Property, Third Party Links:
In addition to making Products and Services available, this
Website also offers information and marketing materials. This
Website also offers information, both directly and through indirect
links to third-party websites, about (kind of information).
MEDIGRAM SOLUTIONS PRIVATE LIMITED does not always
create the information offered on this Website; instead the
information is often gathered from other sources. To the extent
that MEDIGRAM SOLUTIONS PRIVATE LIMITED does create
the content on this Website, such content is protected by
intellectual property laws of the India, foreign nations, and
international bodies. Unauthorized use of the material may
violate copyright, trademark, and/or other laws. You acknowledge
that your use of the content on this Website is for personal, non-
commercial use. Any links to third-party websites are provided
solely as a convenience to you. MEDIGRAM SOLUTIONS
PRIVATE LIMITED does not endorse the contents on any such
third-party websites. MEDIGRAM SOLUTIONS PRIVATE
LIMITED is not responsible for the content of or any damage that
may result from your access to or reliance on these third-party
websites. If you link to third-party websites, you do so at your
own risk.
Use of Website:
MEDIGRAM SOLUTIONS PRIVATE LIMITED is not responsible
for any damages resulting from use of this website by anyone.
You will not use the Website for illegal purposes. You will –
abide by all applicable local, state, national, and international
laws and regulations in your use of the Website (including laws
regarding intellectual property),
not interfere with or disrupt the use and enjoyment of the Website
by other users,
not resell material on the Website,not engage, directly or indirectly, in transmission of “spam”, chain
letters, junk mail or any other type of unsolicited communication,
and
not defame, harass, abuse, or disrupt other users of the Website.
License:
By using this Website, you are granted a limited, non-exclusive,
non-transferable right to use the content and materials on the
Website in connection with your normal, non-commercial use of
the Website. You may not copy, reproduce, transmit, distribute, or
create derivative works of such content or information without
express written authorization from MEDIGRAM SOLUTIONS
PRIVATE LIMITED or the applicable third party (if third party
content is at issue).
Blogs:
We may provide various open communication tools on our
website, such as blog comments, blog posts, public chat, forums,
message boards, newsgroups, product ratings and reviews,
various social media services, etc. You understand that generally
we do not pre-screen or monitor the content posted by users of
these various communication tools, which means that if you
choose to use these tools to submit any type of content to our
website, then it is your personal responsibility to use these tools
in a responsible and ethical manner. By posting information or
otherwise using any open communication tools as mentioned,
you agree that you will not upload, post, share, or otherwise
distribute any content that:
is illegal, threatening, defamatory, abusive, harassing, degrading,
intimidating, fraudulent, deceptive, invasive, racist, or contains
any type of suggestive, inappropriate, or explicit language;
infringes on any trademark, patent, trade secret, copyright, or
other proprietary right of any party.
contains any type of unauthorized or unsolicited advertising .
impersonates any person or entity,including any Medigram.in/MEDIGRAM SOLUTIONS PRIVATE LIMITED
employees or representatives.
We have the right at our sole discretion to remove any content
that, we feel in our judgment does not comply with this User
Agreement, along with any content that we feel is otherwise
offensive, harmful, objectionable, inaccurate, or violates any 3rd
party copyrights or trademarks. We are not responsible for any
delay or failure in removing such content. If you post content that
we choose to remove, you hereby consent to such removal, and
consent to waive any claim against us.
We do not assume any liability for any content posted by you or
any other 3rd party users of our website. However, any content
posted by you using any open communication tools on our
website, provided that it doesn’t violate or infringe on any 3rd
party copyrights or trademarks, becomes the property of
MEDIGRAM SOLUTIONS PRIVATE LIMITED, and as such,
gives us a perpetual, irrevocable, worldwide, royalty-free,
exclusive license to reproduce, modify, adapt, translate, publish,
publicly display and/or distribute as we see fit. This only refers
and applies to content posted via open communication tools as
described, and does not refer to information that is provided as
part of the registration process, necessary in order to use our
Resources. All information provided as part of our registration
process is covered by our Privacy Policy.
You agree to indemnify and hold harmless Medigram.in a digital
property of MEDIGRAM SOLUTIONS PRIVATE LIMITED and its
parent company and affiliates, and their directors, officers,
managers, employees, donors, agents, and licensors, from and
against all losses, expenses, damages and costs, including
reasonable attorneys’ fees, resulting from any violation of this
User Agreement or the failure to fulfill any obligations relating to
your account incurred by you or any other person using your
account. We reserve the right to take over the exclusive defense
of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with
such cooperation as is reasonably requested by us.
Posting:
By posting, storing, or transmitting any content on the Website,
you hereby grant MEDIGRAM SOLUTIONS PRIVATE LIMITED
a perpetual, worldwide, non-exclusive, royalty-free, assignable,
right and license to use, copy, display, perform, create derivative
works from, distribute, have distributed, transmit and assign such
content in any form, in all media now known or hereinafter
created, anywhere in the world. MEDIGRAM SOLUTIONS
PRIVATE LIMITED does not have the ability to control the nature
of the user-generated content offered through the Website. You
are solely responsible for your interactions with other users of the
Website and any content you post. MEDIGRAM SOLUTIONS
PRIVATE LIMITED is not liable for any damage or harm resulting
from any posts by or interactions between users. MEDIGRAM
SOLUTIONS PRIVATE LIMITED reserves the right, but has no
obligation, to monitor interactions between and among users of
the Website and to remove any content MEDIGRAM
SOLUTIONS PRIVATE LIMITED deems objectionable, in
MEDIGRAM SOLUTIONS PRIVATE LIMITED’s sole discretion.
Disclaimer of Warranties:
Your use of this website and/or Products and Services are at
your sole risk. The website and Products and Services are
offered on an “as is” and “as available” basis. MEDIGRAM
SOLUTIONS PRIVATE LIMITED expressly disclaims all
warranties of any kind, whether express or implied, including, but
not limited to, implied warranties of merchantability, fitness for a
particular purpose and non-infringement with respect to the
Products and Services or website content, or any reliance upon
or use of the website content or Products and Services (“
Products and Services” include trial Products and Services.) Without limiting the generality of the foregoing, MEDIGRAM
SOLUTIONS PRIVATE LIMITED makes no warranty:
that the information provided on this website is accurate, reliable,
complete, or timely.
that the links to third-party websites are to information that is
accurate, reliable, complete, or timely.
no advice or information, whether oral or written, obtained by you
from this website will create any warranty not expressly stated
herein
as to the results that may be obtained from the use of the
products or that defects in products will be corrected.
regarding any Products and Services purchased or obtained
through the website.
Some jurisdictions do not allow the exclusion of certain
warranties, so some of the above exclusions may not apply to
you.
Limitation Of Liability
MEDIGRAM SOLUTIONS PRIVATE LIMITED’s entire liability,
and your exclusive remedy, in law, in equity, or otherwise, with
respect to the website content / Products and Services and/or
for any breach of this agreement is solely limited to the amount
you paid, less shipping and handling charges, for Products and
Services purchased via this website.
MEDIGRAM SOLUTIONS PRIVATE LIMITED will not be liable
for any direct, indirect, incidental, special or consequential
damages in connection with this agreement &/or Products and
Services in any manner, including liabilities resulting from:
the use or the inability to use the website content / Products and
Services;
the cost of procuring substitute content / Products and
Services;
any information obtained / Products and Services purchased or
transactions entered into through the website; or any lost profits you allege.
Some jurisdictions do not allow the limitation or exclusion of
liability for incidental or consequential damages so some of the
above limitations may not apply to you.
conjunction with the Limitation of Liability as explained above,
you expressly understand and agree that any claim against us
shall be limited to the amount you paid, if any, for use of
Products and Services. Medigram.in/MEDIGRAM
SOLUTIONS PRIVATE LIMITED will not be liable for any direct,
indirect, incidental, consequential or exemplary loss or damages
which may be incurred by you as a result of using our Resources
/ Products and Services, or as a result of any changes, data
loss or corruption, cancellation, loss of access, or downtime to
the full extent that applicable limitation of liability laws apply.
Indemnification:
You will release, indemnify, defend and hold harmless
MEDIGRAM SOLUTIONS PRIVATE LIMITED, and any of its
contractors, agents, employees, officers, directors, shareholders,
affiliates and assigns from all liabilities, claims, damages, costs
and expenses, including reasonable attorneys’ fees and
expenses, of third parties relating to or arising out of
this Agreement or the breach of your warranties, representations
and obligations under this Agreement;
the Website content or your use of the Website content;
the Products and Services or your use of the Products and
Services (including Trial Products and Services);
any intellectual property or other proprietary right of any person
or entity;
your violation of any provision of this Agreement; or
any information or data you supplied to MEDIGRAM
SOLUTIONS PRIVATE LIMITED.
When MEDIGRAM SOLUTIONS PRIVATE LIMITED is
threatened with suit or sued by a third party, MEDIGRAM
SOLUTIONS PRIVATE LIMITED may seek written assurances
from you concerning your promise to indemnify MEDIGRAM
SOLUTIONS PRIVATE LIMITED; your failure to provide such
assurances may be considered by MEDIGRAM SOLUTIONS
PRIVATE LIMITED to be a material breach of this Agreement.
MEDIGRAM SOLUTIONS PRIVATE LIMITED will have the right
to participate in any defense by you of a third-party claim related
to your use of any of the Website content / Products and
Services, with the counsel of MEDIGRAM SOLUTIONS
PRIVATE LIMITED’s choice at its expense. MEDIGRAM
SOLUTIONS PRIVATE LIMITED will reasonably cooperate in
any defense by you of a third-party claim at your request and
expense. You will have sole responsibility to defend MEDIGRAM
SOLUTIONS PRIVATE LIMITED against any claim, but you must
receive MEDIGRAM SOLUTIONS PRIVATE LIMITED’s prior
written consent regarding any related settlement. The terms of
this provision will survive any termination or cancellation of this
Agreement or your use of the Website / Products and Services.
Copyrights / Trademarks
All content and materials available on Medigram.in, including but
not limited to text, graphics, website name, code, images and
logos are the intellectual property of MEDIGRAM SOLUTIONS
PRIVATE LIMITED and are protected by applicable copyright
and trademark law. Any inappropriate use, including but not
limited to the reproduction, distribution, display or transmission of
any content on this site is strictly prohibited, unless specifically
authorized by MEDIGRAM SOLUTIONS PRIVATE LIMITED.
Agreement To Be Bound
BY USING THIS WEBSITE OR ORDERING Products and
Services, YOU ACKNOWLEDGE THAT YOU HAVE READ AND
AGREE TO BE BOUND BY THIS AGREEMENT AND ALL
TERMS AND CONDITIONS ON THIS WEBSITE.
General Clause:
Force Majeure: MEDIGRAM SOLUTIONS PRIVATE LIMITED
will not be deemed in default hereunder or held responsible for
any cessation, interruption or delay in the performance of its
obligations hereunder due to earthquake, flood, fire, storm,
natural disaster, act of God, war, terrorism, armed conflict, labor
strike, lockout, or boycott.
Cessation of Operation: MEDIGRAM SOLUTIONS PRIVATE
LIMITED may at any time, in its sole discretion and without
advance notice to you, cease operation of the Website and
distribution of the Products and Services.
Entire Agreement: This Agreement comprises the entire
agreement between you and MEDIGRAM SOLUTIONS
PRIVATE LIMITED and supersedes any prior agreements
pertaining to the subject matter contained herein.
Governing Law:
This website is controlled by MEDIGRAM SOLUTIONS
PRIVATE LIMITED from our offices located in the state of
Madhya Pradesh, India. It can be accessed by most countries
around the world. As each country has laws that may differ from
those of Madhya Pradesh, India, by accessing our website, you
agree that the statutes and laws of Madhya Pradesh, India,
without regard to its conflict of law principles to the contrary and
the United Nations Convention on the International Sales of
Goods, will apply to all matters relating to the use of this website
and the purchase of any Products and Services through this
site.
Effect of Waiver:
The failure of MEDIGRAM SOLUTIONS PRIVATE LIMITED to
exercise or enforce any right or provision of this Agreement will
not constitute a waiver of such right or provision. If any provision
of this Agreement is found by a court of competent jurisdiction to
be invalid, the parties nevertheless agree that the court should
endeavor to give effect to the parties’ intentions as reflected in
the provision and the other provisions of this Agreement remain
in full force and effect.
Governing Law/Jurisdiction:
This Website originates from the sagar, Madhya Pradesh, India.
This Agreement will be governed by the laws of the State of
Madhya Pradesh, India. It can be accessed by most countries
around the world. As each country has laws that may differ from
those of Madhya Pradesh, India without regard to its conflict of
law principles to the contrary. Neither you nor MEDIGRAM
SOLUTIONS PRIVATE LIMITED will commenceMadhya
Pradesh), India. This Agreement will be governed by the laws of
the State of Madhya Pradesh, India. It can be accessed by most
countries around the world. As each country has laws that may
differ from those of Madhya Pradesh, India without regard to its
conflict of law principles to the contrary. Neither you nor or
prosecute any suit, proceeding or claim to enforce the provisions
of this Agreement, to recover damages for breach of or default of
this Agreement, or otherwise arising under or by reason of this
Agreement, other than in courts located in State of Madhya
Pradesh, India. It can be accessed by most countries around the
world. As each country has laws that may differ from those of
Madhya Pradesh, India. By using this Website or ordering
Products and Services, you consent to the jurisdiction and
venue of such courts in connection with any action, suit,
proceeding or claim arising under or by reason of this
Agreement. You hereby waive any right to trial by jury arising out
of this Agreement and any related documents.
This website is controlled by MEDIGRAM SOLUTIONS
PRIVATE LIMITED from our offices located in the state of
Madhya Pradesh, India. It can be accessed by most countries
around the world. As each country has laws that may differ from
those of Madhya Pradesh, India, by accessing our website, you
agree that the statutes and laws of Madhya Pradesh, India
without regard to the conflict of laws and the United Nations
Convention on the International Sales of Goods, will apply to all
matters relating to the use of this website and the purchase of
any Products and Services through this site.
Furthermore, any action to enforce this User Agreement shall be
brought in the courts having jurisdiction over such issue, located
in Madhya Pradesh, India. You hereby agree to judgement
passed by such courts and waive any right to jurisdictional,
venue, or inconvenient forum objections to such courts.
Statute of Limitation:
You agree that regardless of any statute or law to the contrary,
any claim or cause of action arising out of or related to use of the
Website or Products and Services or this Agreement must be
filed within one (1) year after such claim or cause of action arose
else be forever barred.
Waiver of Class Action Rights:
BY ENTERING INTO THIS AGREEMENT, YOU HEREBY
IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN
CLAIM WITH THOSE OF OTHERS IN THE FORM OF A CLASS
ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS
ARISING OUT OF OR RELATING TO OR IN CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.
Termination:
MEDIGRAM SOLUTIONS PRIVATE LIMITED reserves the right
to terminate your access to the Website if it reasonably believes,
in its sole discretion, that you have breached any of the terms
and conditions of this Agreement. Following termination, you will
not be permitted to use the Website and MEDIGRAM
SOLUTIONS PRIVATE LIMITED may, in its sole discretion and
without advance notice to you, cancel any outstanding orders for
Products and Services. If your access to the Website is
terminated, MEDIGRAM SOLUTIONS PRIVATE LIMITED
reserves the right to exercise whatever means it deems
necessary to prevent unauthorized access of the Website. This
Agreement will survive indefinitely unless and until MEDIGRAM
SOLUTIONS PRIVATE LIMITED chooses, in its sole discretion
and without advance notice to you, to terminate it.
Domestic Use:
MEDIGRAM SOLUTIONS PRIVATE LIMITED makes no
representation that the Website or Products and Services are
appropriate or available for use in locations outside India. Users
who access the Website from outside India do so at their own
risk and initiative and must bear all responsibility for compliance
with any applicable local laws.
Cancellation And Refund:
Cancellation of order is not possible once the payment has been
made. No refunds will be given except in the event of
cancellation or non-performance of service by MEDIGRAM
SOLUTIONS PRIVATE LIMITED.
Guarantee:
Unless otherwise expressed, MEDIGRAM SOLUTIONS
PRIVATE LIMITED & Medigram.in expressly disclaims all
warranties and conditions of any kind, whether express or
implied, including, but not limited to the implied warranties and
conditions of merchantability, fitness of content / Products and
Services for a particular purpose and non-infringement.
Assignment:
You may not assign your rights and obligations under this
Agreement to anyone. MEDIGRAM SOLUTIONS PRIVATE
LIMITED may assign its rights and obligations under this
Agreement in its sole discretion and without advance notice to
you.
BY USING THIS WEBSITE OR ORDERING Products and
Services FROM THIS WEBSITE YOU AGREE TO BE BOUND
BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
Contact Information:
If you have any questions or comments about these our Terms of
Service as outlined above, you can contact us at:
MEDIGRAM SOLUTIONS PRIVATE LIMITED
C/o RAJESH/HARIBALLABH AGRAWAL ,INFRONT OF SBI
ATM,Parkota,sagar,Madhya Pradesh,470002
[email protected]