These Terms and Conditions of Use (“Terms of Use”) is a legal contract between Yagna Med Solutions (“We, “we” or “Us”, us” or “Our, our”) and you (“You”, “you” or “your”, “Your”), a User (as defined below). These terms govern the use of website being https://endoscopy.in (the “Website”). These Terms of Use governs your use of the Website through any mode of computers, tablets, mobile or any other storage/transmitting device.
The Website is operated and owned by Yagna Med Solutions, an Indian partnership firm bearing registration number APESD AB 09907626 and having its principle place of business at Bhimavaram
The Website enables manufacturers/distributors to host their Products (as defined below) and other related activities on the Website more specifically described in Clause 3 below.
We may update these Terms of Use from time to time to reflect new practices or technologies that impact use of the Website. The date of the last revision or update appears at the top under the title. PLEASE READ THIS TERMS OF USE CAREFULLY. BY REGISTERING FOR, ACCESSING, BROWSING, OR USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS TERMS OF USE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE THEN DO NOT USE THE WEBSITE
2.1 “Applicable Law” shall mean all applicable Indian laws, by-laws, rules, regulations, orders ordinances, protocols, codes, guidelines, policies, notices, directions, judgments, decrees or other requirements or official directive of any governmental authority or person acting under the authority of any governmental authority of India.
2.2 “Content” shall include (but is not limited to) any data, content, images, videos, location data, software, or other materials or information of any type that is available through the Website.
2.3 “Intellectual Property Rights” shall mean all registered and unregistered rights in all forms of intellectual property subsisting under the laws of India and all analogous rights subsisting under the laws of other jurisdictions and shall include any legally protectable product or process of the human intellect whether registrable as patents, trademarks, copyrights, designs or otherwise such as an invention, expression or literary creation, unique name, trade secret, business method, database, industrial process, computer program, source code, process or presentation, content, and videos and exercises.
2.4. “Government Authorities” shall mean any government or political subdivision thereof; any department, agency or instrumentality of any government or political subdivision thereof; any court or arbitral tribunal; and any regulatory authority and the governing body.
“Interactive Community” shall mean the interactive online forum on the Website designed for endoscopists/doctors to engage in discussions, share experiences, and seek advice;
2.5. “Materials” shall mean all materials including but not limited to educational content, videos, and articles uploaded or shared by You on the Website.
“Products” shall mean the diverse range of equipment, accessories, solutions and products pertaining to gastroenterology that are listed, advertised and sold by You on the Website.
2.6 “Purchase/(s)” shall mean endoscopist, doctors or any other person who wish to purchase the Products from a seller listed on the Website.
2.7 “User Data” shall mean any and all information relating to the User provided to the Website by the User at his sole discretion in order to use the Website.
2.8 “User Content” shall mean Content that you upload, share or transmit to, through or in connection with the Website, such as product description, Materials or any other information that you upload, display or displayed on the Website.
2.9 "User/ Users" shall mean any endoscopist/doctor, seller, manufacturer/distributer or any other person who visits, accesses and registers on the Website. and
2.10 “Website” shall mean the website https://endoscopy.in.
The Website enables the following activities:
You must be legally competent for entering into a binding contract under Applicable Law. If you are not legally competent for entering into a contract under Applicable Law, you cannot use the Website and you must uninstall the Website and cease its use immediately. If you are under the age of 18 years, you are not eligible to register for the Website.
Sellers including official manufacturers and/or distributors of the Products cannot use the Website to contact or interact with any doctors or endoscopists who are registered on the Website. The sellers including official manufacturers and/or distributors of the Products can use the Website only to list their Product catalogue and seller profile.
You shall have obtained all approvals, consents and licenses under Applicable Law and from all Government Authorities for manufacturing, sale and distribution of your Products and any other activities on the Website.
You are the owner, or you shall have obtained all licenses for uploading and posting the Materials on the Website.
We reserve the right to terminate Your account and/or refuse to provide You with access to the Website to new Users or to terminate access granted to existing User(s) at any time without assigning any reasons for doing so.
We may amend or update or change these Terms of Use time to time entirely at our own discretion to reflect new practices or technologies that impact use of the Website. We recommend that you review these Terms of Use on a routine basis to view any changes. The date of the last revision or update appears on top of the title. Your use of the Website after any such amendment or change in the Terms of Use shall be deemed as your express acceptance to such amended/changed Terms of Use and you also agree to be bound by such changed/amended Terms of Use.
If you wish to access our Website, then you will be required to provide the following information: first name, last name, email address, area of specialisation, state, city/town and password and such other details that may be required on the Website to create an account.
You agree that you are eligible to create and use only one account with one User profile. You are not permitted to register or create an account on behalf of any entity other than yourself.
You agree not to register and use an account with an identity which is fraudulent or use the account of another User.
You can delete/unregister your account anytime by submitting a request to info@endoscopy.in . We may require additional information from the User in order to enable us to verify your account before the deletion of your account.
You understand that message and data rates may apply when you use our Website on your device. You are solely responsible for any costs associated with the using of the Website on any of your devices.
You may upload or post User Content that either was created by you entirely or legally belongs to you, or you have a legally valid license which permits you to upload or post the User Content.
You have to ensure the deletion of all patient confidential information and any information, data or images that could be linked to the identity of a patient contained in the User Content before uploading such User Content on the Website.
By uploading, posting, submitting or transmitting User Content using our Website you permit Us the right to store that information with us, and to use such User Content for, maintenance marketing and/or for posting such User Content on social media or other websites
You agree that We shall not be responsible or liable for any User Content uploaded or shared by You. You hereby agree that you shall, defend, and hold Us harmless for all claims resulting from User Content provided by the User to the Website.
You agree that We have the right to reject, remove, edit, and move or prevent access to any User Content provided by the User to Us. However, the obligation to maintain the accuracy and correctness of the User Content vests with you.
You acknowledge and agree that neither We nor any third party service providers are responsible for the User Content and any material submitted, transmitted or posted by You on the Website.
You understand that any material, Content and its arrangements that appears as “ Our content” or “Our Content” on the Website are owned by or licensed to Us, subject to copyright or other Intellectual Property Rights held by third parties. Accessing or using the Website does not give you ownership of any of Our Intellectual Property Rights.
Subject to the terms and conditions of this Terms of Use, We grant you a personal, limited, non-exclusive, non-transferable, non-sub-licensable, revocable license to access the Website. Except for this limited grant of access and use under these Terms of Use, we do not grant you any other rights to the Website.
You agree, undertake and confirm that Your use of the Website shall be strictly governed by the following binding principles and You agree not to:
11.1 Promote the Products in the Interactive Community. Any such attempts will result in blocking of your account on the Website by Us.
11.2 Defeat, damage or interfere with any security feature of our Website, nor attempt to do so.
11.3 Cheat, use any deceptive methods or otherwise evade or violate the rules or intended operation of any software, nor attempt to do so.
11.4 Alter or modify any Content of our Website, other than information or User Content you have submitted or posted through the Website.
11.5 Reproduce, duplicate, copy, sell, trade, or exploit, for any commercial purpose, any Content or component of or any access to the Website, without Our prior written permission, except for User Content or registration information you have submitted or posted through the Website.
11.6 Use or attempt to use any automated system, software, or device to generate and send communications to or through the Website nor will you annoy or harass any person through or in connection with the use of the Website.
11.7 Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Website other than the search engine and search agents available on the Website.
11.8 Use the Website to post, transmit, or share material that you did not create or that you do not have permission to use.
11.9 You may not in any manner whatsoever copy or distribute any proprietary information for any commercial or business use, except with our prior written permission.
11.10 You must not modify, edit or change or otherwise make any derivative work of the paper or digital copies of any materials You have printed off or downloaded in any way.
11.11 Make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the Website.
11.11 Make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the Website.
11.13 You must not misuse or interfere with the Website or try to access them using a method other than the interface and the instructions that we provide.
11.14 In addition, in accordance with the Information Technology (Intermediary Guidelines and Digital media ethics code) rules, 2021, you agree not to host, display, upload, modify, publish, transmit, store, update or share any information that:
11.15 In case of your non-compliance with Clause 10.14 above, we shall periodically and once in a year, inform you of your non-compliance. In case of any non-compliance by You, You agree that you have the right to terminate your access or usage of the Website or remove your non-compliant information.
We do not make any claims, promises, or guarantees about the accuracy, completeness, or adequacy of the advice and Content available through the Website and You understand that we will not be liable for errors and omissions in the Content available through the Website. The Users of the Website are liable to conduct their own due diligence of the information and Content available on the Website and its accuracy.
You understand and agree that We shall not be liable for any of your actions or omissions on the Website.
We do not make any representations as to the accuracy of the material uploaded on the Website. We are not liable to any malfunctioning of any Product and the resultant implications that may arise including implications with respect to the patients’ health or even demise as a result thereto.
We are not liable for any discrepancy of any information or material uploaded on the Website by any Seller or for the final Product delivered by the seller to the Purchaser. The User purchasing any Product should conduct their own due diligence prior to such purchase. We are also not responsible for any actions or omissions of the sellers listed on the Website including any commission of negligence, fraud or misconduct by any seller.
Our Website may contain sponsors, advertisers or third party websites, links or applications. You agree and understand that the content, privacy policies of these websites are not under Our control. You understand that once you leave Our servers and use of any third party websites, links or applications, You shall be governed by the terms and conditions and privacy policy of the operator of the site used by you. We shall not be responsible for your dealings with advertisers in our Website participating in promotion. You agree that the dealings are solely between you and such third parties.
You acknowledge and agree that We are not liable for any loss or damage whether direct or indirect which may arise as a result of the availability of those external sites, or as a result of any dealings by you and the third party on such web sites or content.
To the maximum extent permitted by Applicable Law, you agree to defend, indemnify and hold Us and Our affiliates, subsidiaries, directors, agents and employees harmless against any damages, costs and expenses, including reasonable attorneys’ fees, arising out of or related to your breach or violation of these Terms of Use.
We respect the Intellectual Property Rights of others and You agree to protect Our Intellectual Proprietary Rights and the Intellectual Proprietary Rights of all others having rights in the Website during and after the term of this Terms of Use. We restrict Users from uploading, posting or otherwise transmitting materials that violate the Intellectual Property Rights of third parties. You agree that you will not upload, post, or otherwise transmit materials on the Website that will violate Our Intellectual Property Rights or the Intellectual Property Rights of third persons.
When we receive notification of alleged copyright complaints that do not comply with the Copyright Right Act, 1957, we promptly remove or disable access to the illegal infringing material. We may also terminate the accounts of the infringers.
If you are a copyright owner or an agent thereof and you believe that any content on the Website that infringes upon your copyrights, you may submit a notice to us at info@endoscopy.in .
User Content Ownership: You are the owner or have obtained all licenses and has all the rights to use the User Content for posting and uploading on the Website.
You grant to Us a non-exclusive licence to use the User Content including the Intellectual Property Rights therein in such manner and in such form as We may deem fit and for such purposes as may be determined by Us.
You agree that we shall have the right to use the User Content for various purposes. You hereby confirm that you shall not object to such use by us for any purpose whatsoever.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS OR YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK AND THAT THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WE AND OUR AFFILIATES, SUBSIDIARIES, DIRECTORS, AGENTS AND EMPLOYEES, AND THIRD PARTIES ASSOCIATED WITH THE WEBSITE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT OF PROPRIETARY RIGHTS. WE AND OUR AFFILIATES, SUBSIDIARIES, DIRECTORS, AGENTS AND EMPLOYEES, AND THIRD PARTIES ASSOCIATED WITH THE WEBSITE, DO NOT WARRANT THAT THE WEBSITE OR WEBSITE CONTENT ARE ERROR OR VIRUS FREE, WILL OPERATE WITHOUT INTERRUPTION, OR ARE COMPATIBLE WITH ALL EQUIPMENT AND SOFTWARE CONFIGURATIONS. WE AND OUR AFFILIATES, SUBSIDIARIES, DIRECTORS, AGENTS AND EMPLOYEES, AND THIRD PARTIES ASSOCIATED WITH THE WEBSITE, DO NOT MAKE ANY WARRANTIES REGARDING THE ACCURACY, RELIABILITY OR QUALITY OF THE CONTENT AND NO USER SHALL HAVE ANY REMEDY AGAINST US WITH RESPECT TO THE SAME. WE AND OUR AFFILIATES, SUBSIDIARIES, DIRECTORS, AGENTS AND EMPLOYEES, AND THIRD PARTIES ASSOCIATED WITH THE WEBSITE DO NOT MAKE ANY WARRANTY ANY WARRANTIES REGARDING THE ACCURACY, RELIABILITY OR QUALITY OF THE CONTENT AND NO USER SHALL HAVE ANY REMEDY AGAINST US WITH RESPECT TO THE SAME.
IN NO EVENT SHALL WE OR OUR AFFILIATES, SUBSIDIARIES, DIRECTORS, AGENTS AND EMPLOYEES, OR THIRD PARTIES ASSOCIATED WITH THE WEBSITE, BE LIABLE TO ANY USER OR ANYONE CLAIMING THROUGH ANY USER FOR (1) INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES, OR (2) ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE OR INABILITY TO USE THE WEBSITE, LOSS OF LIFE, LOSS OF TIME, LOSS OF DATA, LOSS OF PROFITS OR LOSS OF GOODWILL ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE OR THE PERFORMANCE OR NON-PERFORMANCE OF THE WEBSITE OR THE WEBSITE OR THE CONTENT ACCESSIBLE THROUGH THE WEBSITE, EVEN IF THE POSSIBILITY OF SUCH DAMAGES IS FORESEEABLE. USERS AGREE THAT OUR LIABILITY, AND OUR AFFILIATES, SUBSIDIARIES, DIRECTORS, AGENTS, EMPLOYEES AND THIRD PARTIES ASSOCIATED WITH THE WEBSITE IS LIMITED SOLELY TO DIRECT DAMAGES AND IN NO EVENT SHALL IT EXCEED, THE AGGREGATE OF RS.1000.
We are constantly innovating, changing and improving the Website. We may, without notice, add or remove functionalities or features, create new limits to the Website, or temporarily or permanently suspend our Website.
You can withdraw consent to the use and/or processing of your User Data by contacting us at info@endoscopy.in and we shall remove the same shortly.
We may, in its sole discretion, immediately terminate, limit or suspend your account, delete your registration, other information, or User Content, and/or prohibit you from using or accessing the Website without any notice, if you have violated any of the provisions in this Terms of Use.
Either party may terminate the use of the Website at any time, with or without notice, for no reason or any reason. However, you continuing to use the Website constitutes your consent to us collecting data, mentioned within this Terms of Use.
Please email info@endoscopy.in for any termination inquiries/questions. On termination, you lose the right to access or use the Website.
If your account is terminated, access to your username, and all related information, files, and content associated with your account may be terminated. However, some information may be retained in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Use and/or comply with Applicable Law.
You represent and warrant that:
This Website does not sell or rent the User information to any third party. You hereby acknowledge that when you use the Website, We may collect your device number and other information. We cannot ensure the security of your data transmitted via the internet, telephone or any other networks.
Without prejudice to any other provision herein, We shall not be liable for any loss, damage or penalty as a result of any delay in or failure to deliver or otherwise perform hereunder due to any cause beyond Our control, including, without limitation, acts of the User or other Users, embargo or other governmental act, regulation or request affecting the conduct of Our business, fire, explosion, accident, theft, vandalism, riot, acts of war, strikes, other technical difficulties, server down, power failure, lightning, flood, windstorm or other acts of God.
You understand that by using this Website or any materials provided on the Website, you may encounter Website Content that may be deemed by some to be offensive, indecent, or objectionable, which Website Content may or may not be identified as such. You agree to use the Website and any related materials or services at your sole risk and that we will have no liability to you for the Content that may be deemed offensive, indecent, or objectionable. If you have any complaints, you may contact our customer care at the details provided below:
Customer Care Email: info@endoscopy.in
If you have any questions concerning the Terms of Use please contact us at info@endoscopy.in
Your registration on the Website shall be deemed to be your consent to be contacted by Us, (i) on the mobile number shared by you (ii) by way of SMS, WhatsApp or email notifications or messages in any other electronic form.
24.1 Governing Law and Jurisdiction: These Terms of Use is governed by the laws of the of India. Any claim related to any dispute arising as a result of the Website or under these Terms of Use will be made before a court of competent jurisdiction located in Hyderabad.
24.2 No Partnership: You agree that no joint venture, partnership, employment, or agency relationship exists between You or other parties and Us as a result of these Terms of Use or your access to or use of the Website.
24.3 Headings: Headings used in these Terms of Use are for reference purposes only and in no way define or limit the scope of the section.
24.4 Severability: If any provision of these Terms of Use is held to be unenforceable, such provision will be reformed only to the extent necessary to make it enforceable.
24.5 Waiver: Our failure to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver and will not limit Our rights with respect to such breach or any subsequent breaches.
24.6 Survival: The obligations under the provisions of section 13,14, 15, 16, 17 and 24 will survive any expiration or termination of this Terms of Use.
24.7 Entire Agreement: This Terms of Use on the Website constitute the entire agreement between you and Us and govern your use of the Website, superseding any prior agreements between You and Us.