Mediknit’s products, programs and Services are provided by Mediknit Private Limited and other affiliate entities as and when created (hereinafter referred to as “Mediknit”, “we”, “us”, or “our”). These Terms of Use govern your use of Mediknit's website, apps, and other products and Services as delineated in this Terms. By clicking “Accept” when prompted or making an Account or, using or accessing the Services, you understand that you will adhere to these Terms and all other operating rules, policies, and procedures that may be issued periodically on the Services by us, each of which is incorporated by reference periodically by us. If you do not agree to any of these Terms, including the compulsory arbitration provision, you must stop using the Services. As some of our Services may be software that is downloaded to your computer, phone, tablet, or other device, you agree that we may automatically update this software, and that these Terms will apply to such updates also.
By accepting these Terms, you agree that the Terms constitute a binding contract, effective as of the date of first acceptance by you, between Mediknit and you the user (hereinafter referred to as (“you”, “your”) (each a “Party” to the contract and collectively, the “Parties”).
Please read these Terms carefully and contact us if you have any questions. By using our Services, you agree to be bound by these Terms, including the policies referenced in these Terms.
“Certificate” shall mean certificate of completion issued by Mediknit or Professional as delineated below, for a Learning Program completed as offered and provided by Mediknit Platform.
“Expert” shall mean individual experts of the relevant field providing Services on the Mediknit Platform.
“Instructor” shall mean the Expert and Professional educators providing services on Mediknit Platform.
“Learner” shall mean a User availing any Service provided on the Mediknit Platform.
“Learning Program” shall include but not limit to online courses, series, mentor connect programs, webinars, etc.
“Mediknit Platform” shall mean Medinkit’s application and Website, through which Mediknit provides its products and Services.
“Off-topic Comments” shall be the comments that are not related to the overall subject of a Learning Program.
“Participating Institutions” shall mean Professionals and other affiliated institution providing Services on Mediknit Platform or associated with Mediknit.
“Professional” shall mean institutional educators providing Services on Mediknit Platform.
“Services” shall mean the services Mediknit provides through the Mediknit Platform in the form of Learning Programs as and when Medkinit introduces on the Mediknit Platform.
“Terms” shall mean these terms of use.
“Users” shall mean any and every one using the Mediknit Platform.
“User Content” shall have the meaning as ascribed to it in clause 7.3.2 of this Term.
The Term begins as soon as you access the Services and continues as long as you use the Services. Clicking the button and entering your username means that you have officially “signed” these Terms.
4.1. To use our Services, you must:
4.1.1. Be at least of age the age of majority and not disqualified from entering into contracts under any law;
4.1.2. Be a certified healthcare professional i.e., doctors, nurses, paramedics, and allied healthcare support staff;
4.1.3. complete the registration process;
4.1.4. agree to our Terms;
4.1.5. provide true, complete, and up to date legal and contact information;
4.1.6. You represent and warrant that you have the authority to accept these Terms on behalf of the company you may be affiliated with.
4.1.7. By using Services, you represent and warrant that you will use Services only for non-commercial purposes.
4.1.8. By using Services, you represent and warrant that you meet all the requirements listed above and that you will not use Services in a way that violates any laws or regulations. Mediknit may refuse Service, close Accounts of any users, and change eligibility requirements at any time.
4.1.9. By accepting these terms, you represent and warrant that you are qualified concerning the conditions stated herein, therefore, are permitted to use the Services. If you do not meet any of the conditions stated herein, you shall not access/use the Services and must cease to be a user.
To provide you with the Services as mentioned in these Terms it is required that we collect including but not limited to your basic information, education qualifications, etc., as provided in our Privacy Policy (“Personal Data”). You agree that your Personal Data is collected by us through your consent.
6.1. To access the Services, you need to register for a User account on the Services (“Account”). For continuous access to our Services, it is suggested that you provide us with accurate, complete, and updated information wherever applicable. Failing to meet the aforesaid condition may result in the suspension of the respective User Account.
6.2. You agree not to (1) misrepresent yourself as someone else by selecting or using a username a name, email, or phone number of another person; (2) use, as a username, an offensive, vulgar, or obscene name; (3) use as a username a fictitious name or pseudonym.
6.3. You are solely liable and responsible for any activity that occurs on your Account. You agree and understand that you shall not share your user Account password with anybody or do any such act which promotes unauthorized use of your user Account. You shall take all measures to protect your password, including but not limited to, restricting the use of your personal device.
6.4. You must notify us immediately on our Services of any change in your eligibility to use the Services, breach of security, or unauthorized use of your Account. You shall have the ability to delete your Account, either through the Services or through a request made on our Services.
6.5. You understand and agree that by creating a User Account, you agree to receive communication concerning marketing emails and SMS from us. You understand and agree that any communication or notification you receive from us electronically shall qualify as legal notice and meet all the legal notice requirements.
6.6. Notwithstanding anything contained herein, after the Registration of a Learner into the Mediknit Platform as described above the Learners maybe required to produce additional documents and information before enrolling into a specific Learning Program as and when requested by Mediknit or the Instructors.
Mediknit provides Services as defined in the definitions and pursuant to this Terms. Mediknit’s Services as defined above are varied and therefore, shall have varied formats. While we promise to provide best in class Services, unexpected events do occur. Mediknit reserves the right to cancel, interrupt, or reschedule any Service or to modify any content or the point value or weight of any assignment, quiz, or other assessment. All offerings are subject to the Disclaimers and Limitation of Liability sections below.
The Services of Mediknit as defined above are classified into the following two types, which is clearly shown on the Mediknit Platforms:
7.1.1. Services provided by Experts and
7.1.2. Services provided by Professionals.
You may receive a digital Certificate solely for the completion of a Learning Program obtained through Mediknit in the following manner:
7.2.1. For services provided by Experts.
Mediknit shall issue a Certificate of completion of a Learning Program offered and provided on the Mediknit Platform by an Expert. You acknowledge and agree that we have no obligation to provide you with any other form of Certification for successfully completing any Learning Program. You acknowledge and agree that, we only provide you a Certificate indicating the completion of a Learning Program by you. You understand that unless explicitly stated such Certification is not affiliated with any university or other certifying institution and does not stand for any academic credit or certification of a Learning Program completed from any of our partnered universities, associations, or institutions. You further, agree and understand that the certificate may or may not be recognized by other third-party associations, institutions, etc.
7.2.2. For Services provided by Professionals.
When you opt for Learning Programs provided by Professional on Mediknit, the Professional may provide you a Certificates for a Learning Program done through Mediknit, with a reference of Mediknit on the Certificate. If you are provided with any such academic credits or Certification by any Professional, then the Professional shall be completely responsible for such credits or Certification. You shall solely contact the Certificate providing Professional, if you face any issue with obtaining or valuating your Certificate provided by the Instructor.
Unless otherwise explicitly indicated by a credit-granting institution, participation in or completion of a Learning Program does not confer any academic credit. Even if credit is awarded by one Instructor or other associated participating institutions, there is no presumption that other institutions will accept that credit. Mediknit, the Instructors, and other associated participating institutions have no obligation to have a Learning Program recognized by any educational institution or accreditation organization.
7.3.1. Disclaimer of Student-University Relationship
Nothing in these Terms or otherwise with respect to your participation in any Learning Program: (a) establishes any relationship between you and any Professional or educational institution with which Mediknit may be affiliated; (b) enroll or registers you in any educational institution, or in any Learning Program offered by any educational institution; or (c) entitles you to use the resources of any educational institution beyond participation in the Learning Program.
7.3.2. User Content
The Services enable you to share your content, such as homework, quizzes, exams, projects, and other assignments you submit, posts you make in the forums, and the like ("User Content"), with Mediknit, Instructors, and/or other users. You retain all intellectual property rights in, and are responsible for, the User Content you share.
8.1.1. I will register for only one account.
8.1.2. My answers to homework, quizzes, exams, projects, and other assignments will be my own work (except for assignments that explicitly permit collaboration).
8.1.3. I will not make solutions to homework, quizzes, exams, projects, and other assignments available to anyone else (except to the extent an assignment explicitly permits sharing solutions). This includes both solutions written by me, as well as any solutions provided by the Instructors or others.
8.1.4. I will not engage in any other activities that will dishonestly improve my results or dishonestly improve or hurt the results of others.
8.1.5. That I should strive to be punctual since I cannot reschedule a Learning Program.
8.1.6. I agree to be courteous and respectful of others. I shall not use words or share content which may be inflammatory or offensive.
8.1.7. I will not spam others by posting the same comment multiple times or by posting Off-Topic Comments, repetitive or unrelated to a Learning Program.
9.1. The Services contains Intellectual Property of Mediknit in the form of content, graphics, videos, audios, text, and any other digital content (“Services Content”). This is an agreement for the use of Services, and you are not granted a license to any Services Content under this Terms. Except to the extent that applicable laws prevent us from doing so, you will not, directly or indirectly: (i) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Services; (ii) remove any proprietary notices or labels from the Services Content; reproduce or copy the Services Content or any part thereof; (iii) modify, translate, or create derivative works based on the Services Content; (iv) copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Services Content; (v) create any derivative product from any of the foregoing; (vi) without our express written permission, introduce automated agents or scripts to the Services so as to produce multiple accounts, generate automated searches, requests and queries, or to strip or mine data from the Services; or (vii) allow third parties to gain access to the Services or to Services Content in any manner other than as expressly permitted in this Terms of Service.
9.2. You acknowledge and agree that the Services, the names and logos and all related product and names, design marks and slogans, and all other material comprising the Services, are the property of the Mediknit or its affiliates (collectively, the “Marks”). Unless stated otherwise, all Marks are protected as the copyright, trade dress, trademarks and/or other intellectual properties owned by us or by other parties that have licensed their material to us. You are not authorized to use any of the Marks in any advertising, publicity, or any other commercial manner without the prior written consent of Mediknit. Your use of the Services confers no title or ownership in the Services or the Marks and is not a sale of any rights in the Services or the Marks. All ownership rights remain in Mediknit or its third-party suppliers, as the case may be.
Subject to these Terms and our policies (including the Acceptable Use Policy, Honor Code, and Learning Program-specific eligibility requirements and other terms), we grant you a limited, personal, non- exclusive, non- transferable, and revocable license to use our Services. You may download content (only approved ones) from our Services only for your personal, non-commercial use, unless you obtain Mediknit's written permission to otherwise use the content. You also agree that you will create, access, and/or use only one user account, and you will not share with any third-party access to or access information for your account. Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access.
To the extent that you provide User Content, you grant Mediknit a fully transferable, royalty-free, perpetual, sublicensable, non-exclusive, worldwide license to copy, distribute, modify, create derivative works based on, publicly perform, publicly display, and otherwise use the User Content. This license includes granting Mediknit the right to authorize Participating Institutions to use User Content with their registered students and on-campus Learners independent of the Services. Nothing in these Terms shall restrict other legal rights Mediknit may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms.
Mediknit respects the intellectual property rights of our users, participating institutions, and other third parties and expects our users to do the same when using the Services.
We welcome your suggestions, ideas, comments, and other feedback regarding the Services ("Feedback"). By submitting any Feedback, you grant us the right to use the Feedback without any restriction or any compensation to you. By accepting your Feedback, Mediknit does not waive any rights to use similar or related Feedback previously known to Mediknit, developed by its employees or contractors, or obtained from other sources.
We care about the security of our users. While we work to protect the security of your account and related information, Mediknit cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account by emailing info@mediknit.org.
Through the Services, you will have the ability to access and/or use content provided by Instructors, other users, and/or other third parties and links to websites and services maintained by third parties. Mediknit cannot guarantee that such third-party content, in the Services or elsewhere, will be free of material you may find objectionable or otherwise inappropriate or of malware or other contaminants that may harm your computer, mobile device, or any files therein. Mediknit disclaims any responsibility or liability related to your access or use of such third-party content.
Mediknit is committed to advancing the science of learning and teaching, and records of your participation in any Learning Program may be used for education research. In the interest of this research, you may be exposed to variations in the Learning Program’s content. Research findings will typically be reported at the aggregate level. Your personal identity will not be publicly disclosed in any research findings without your express consent.
Mediknit offers paid Services for a fee. Unless otherwise stated, all fees are quoted in Indian Rupee (INR) or United States Dollars (USD), depending on the User’s location. You are responsible for paying all fees and applicable taxes in a timely manner with a payment mechanism associated with the applicable paid Services. If your payment method fails or your account is past due, we may collect fees using other collection mechanisms. Fees may vary based on your location and other factors, and Mediknit reserves the right to change any fees at any time at its sole discretion. Any change, update, or modification will be effective immediately upon posting through the relevant Services. Refunds may be available for paid Services as described in our Refund Policy.
You are here to learn and not to advertise products or services, and you shall not use Mediknit as a platform for campaigning. This includes personal and not-for-profit websites. It is fine to link to commercial websites when requested to in activity as part of a Learning Program.
We are constantly changing and improving our Services. We may add or remove functions, features, or requirements, and we may suspend or stop a Service altogether. Accordingly, Mediknit may terminate your use of any Service for any reason. If your use of a paid Service is terminated, a refund may be available under our Refund Policy. None of Mediknit, its Participating Institutions and Instructors, its contributors, sponsors, and other business partners, and their employees, contractors, and other agents (the "Mediknit Parties") shall have any liability to you for any such action. You can stop using our Services at any time, although we will be sorry to see you go.
THE SERVICES AND ALL INCLUDED CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THE MEDIKNIT PARTIES SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THE PARTIES FURTHER DISCLAIM ANY AND ALL LIABILITY RELATED TO YOUR ACCESS OR USE OF THE SERVICES OR ANY RELATED CONTENT. YOU ACKNOWLEDGE AND AGREE THAT ANY ACCESS TO OR USE OF THE SERVICES OR SUCH CONTENT IS AT YOUR OWN RISK.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE MEDIKNIT PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY PARTY OTHER THAN THE APPLICABLE MEDIKNIT PARTY, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT OR INFORMATION. IN NO EVENT SHALL MEDIKNIT'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES EXCEED INR 5000 OR THE TOTAL AMOUNT OF FEES RECEIVED BY MEDIKNIT FROM YOU FOR THE USE OF PAID SERVICES DURING THE PAST SIX MONTHS, WHICHEVER IS GREATER.
YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS TERMS OF USE REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND THE MEDIKNIT PARTIES, AND THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS TO MEDIKNIT'S ABILITY TO MAKE THE SERVICES AVAILABLE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS.
YOU AGREE THAT ANY CAUSE OF ACTION RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
To the maximum extent permissible by applicable law, you hereby absolutely release Mediknit Private Limited and its affiliates as well as all other users of the Services from responsibilities including but not limited to, claims, causes of action, liability, expenses, demands, and/or damages (actual and consequential) of all kinds and nature, known and unknown and claims of negligence that may arise from the use of or inability to use, or in relation to your use of and/or reliance on the Services, including any disputes which may arise between users and the acts or omissions of third parties.
You agree to indemnify, defend, and hold harmless the Mediknit Parties from any and all claims, liabilities, expenses, and damages, including reasonable attorneys' fees and costs, made by any third party related to: (a) your use or attempted use of the Services in violation of these Terms; (b) your violation of any law or rights of any third party; or (c) User Content, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.
The Services are managed by Mediknit, which is offered by HealthConnect Digital India Private Limited, located in Bengaluru, India. You agree that any dispute related to these Terms will be governed by the laws of India and all disputes must be submitted to the exclusive jurisdiction of the appropriate courts in Bengaluru.
Excluding claims for injunctive or other equitable relief, for claims related to the Services where the total amount sought is less than 50,00,000 INR either you or Mediknit, may elect at any point during the dispute to resolve the claim through binding, non-appearance-based arbitration. The dispute will then be resolved using an established alternative dispute resolution ("ADR") provider, mutually agreed upon by you and Mediknit. The parties and the selected ADR provider shall not involve any personal appearance by the parties or witnesses, unless otherwise mutually agreed by the parties; rather, the arbitration shall be conducted, at the option of the party seeking relief, online, by telephone, or via written submissions alone. Any judgment rendered by the arbitrator may be entered in any court of competent jurisdiction.
We reserve the right to revise the Terms at our sole discretion at any time. Any revisions to the Terms will be effective immediately upon posting by us. For any material changes to the Terms, we will take reasonable steps to notify you of such changes. In all cases, your continued use of the Services after publication of such changes, with or without notification, constitutes binding acceptance of the revised Terms.
If it turns out that a particular provision of these Terms is not enforceable, this will not affect any other terms. If you do not comply with these Terms, and we do not take immediate action, this does not indicate that we relinquish any rights that we may have (such as taking action in the future).
Mediknit's participating institutions are third party beneficiaries of the Terms and may enforce those provisions of the Terms that relate to them.
Mediknit's mission is to enhance the quality and reach of professional medical education. We believe strongly in preserving free speech and expression for our Learners as well as academic freedom for our Participating Institutions and Instructors. We also want to make sure that all of our Learners and Instructors feel safe and comfortable while using our Services. We have drafted these guidelines to ensure that people understand and follow the rules when participating in our online community and otherwise using our Services.
Although we do not routinely screen or monitor content provided by users, we may remove or edit inappropriate content or activity reported to us or suspend, disable, or terminate a user's access to all or part of the Services.
24.6. Entire agreement and severability. These Terms are the entire agreement between you and us with regards to the Services. These Terms supersede all prior, contemporaneous communications and proposals made (whether oral, written, or electronic) between you and us with regards to the Services. If any provisions mentioned in these Terms are found to be unenforceable or invalid, that particular provision or provisions will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. In the event of the failure of either Party to exercise in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder.
24.7. Relationship of the parties. You and Mediknit are independent contractors. These Terms shall not and do not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship of any kind between the Parties. You shall not have any authority of any kind to bind us in any respect. Unless expressly stated otherwise in these Terms, there are no third-party beneficiaries to the Terms. We do not have any special relationship you nor any fiduciary duty.
24.8. Force majeure. We will not be liable in any case for any failure or delay in the performance of our obligations for any reason hereunder if such failure results from: (a) any cause beyond our reasonable control, including but not limited to, mechanical, electronic or communications failure or degradation, denial-of-service attacks, (b) any failure by a third- party hosting provider or utility provider, (c) strikes, shortages, riots, fires, acts of God, war, terrorism, and governmental action.
24.9. Assignment. You agree that these Terms are personal to you, and are not assignable, transferable or sublicensable by you. We reserve the right to assign, transfer or delegate any of our rights and obligations hereunder without obtaining consent.
24.10. Notices. All notices under these Terms shall be in writing Unless otherwise specified in these Term of Service. Notices to us shall be sent by email to info@mediknit.org. You shall ensure written confirmation of receipt for notice to be effective. Notices to you shall be sent to your last known email address (or the email address of your successor, if any) and/or to any email address that would be reasonably likely to provide notice to you, and such notice shall be effective upon transmission.
24.11. No waiver. Our failure to enforce any part of these Terms shall not constitute a waiver of our right to later enforce that or any other part of these Terms. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future.
24.12. Interpretation. The headers are provided only to make these Terms easier to read and understand.
Mediknit respects the intellectual property rights of our Participating Institutions, Instructors, and other third parties and expects our users to do the same when using the Services. We reserve the right to suspend, disable, or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights, trademarks, or other intellectual property rights of others.
Mediknit also respects the trademark rights of others. Accounts with any other content that misleads others or violates another's trademark may be updated, suspended, disabled, or terminated by Mediknit in its sole discretion. If you are concerned that someone may be using your trademark in an infringing way on our Services, please email us at info@mediknit.org., and we will review your complaint. If we deem appropriate, we may remove the offending content, warn the individual who posted the content, and/or temporarily or permanently suspend or disable the individual’s account.
Except as described in this Refund Policy or as explicitly stated as part of the sign-up process for a Service, Mediknit has no obligation to provide refunds or vouchers for any other Services.
Notwithstanding the foregoing, if you purchase or subscribe for a Learning Program or Specialization, or purchase any other paid Service, through a third-party marketplace (e.g., in-app purchases through the Apple App Store or purchases made through certain alternative payment services), the refund policy applicable to that third party marketplace will apply, unless otherwise explicitly stated by Mediknit. Except as otherwise explicitly stated by Mediknit, the third-party marketplace will be solely responsible for making refunds under its refund policy, and Mediknit will have no refund obligations. Mediknit disclaims any responsibility or liability related to any third-party marketplace's refund policy or the third party's compliance or noncompliance with such policy.