1. Welcome to MedConverge Healthcare Services PVT LTD.,
This website, located on https://medconverge.in and its subdomains and related proprietary domains (“Site”), including, but not limited to, content, programming, depiction, design, pictoral presentation and creative works, is owned, controlled, and operated by MedConverge. This website and all the content as described above is the property of MedConverge. (“MedConverge Healthcare Services” and “MHCS”). In this Terms and Conditions agreement, “You” and “Your” refers to anyone who opens, accesses, enters upon, and uses the Site and Services. These Terms and Conditions describe the legally binding agreement between You and MedConverge for the use of Site and access to and use of products and services (“Services”) made available by MedConverge (the “Terms and Conditions”). You agree to read it carefully and further agree that you have extended your deemed acceptance of the terms and conditions of usage of the Website, prior to using the Site or requesting Services.
2. Acceptance of Terms and Conditions
By opening, accessing, entering upon, or using Site, you accept and agree to all terms and conditions imposed as they are set forth in this Terms and Conditions agreement. If you do not agree to any portion of this Terms and Conditions, then you must leave the Site at once and refrain from making any further access or use of Site and Services. In simpler words, if you do not accept and agree to the Terms and Conditions stated herein, please don’t indulge or stay on the website any longer.
3. Modification and Amendment of Terms and Conditions
MedConverge reserves the right to modify or amend these Terms and Conditions at any time without prior notice. Any changes made to these Terms and Conditions are effective immediately. You should periodically check these Terms and Conditions for changes. Any use of the Site after changes have been made shall be deemed acceptance of those changed Terms and Conditions.
MedConverge has exclusive rights to control accessibility, hours of use, content, features on the site, and any other information found on the site. MedConverge can restrict access to any or all portions of the site or remove any information or content from the site at any time. MedConverge reserves the right to monitor use of the site at its discretion as it has absolute proprietary rights over the same.
You are solely responsible for providing the equipment related to accessing the site, including all computer, remote communications equipment, telephone or other equipment.
4. User Accounts
If you establish an account at this site in order to obtain Services (purchase products or receive information or service from us), then You are responsible for maintaining the confidentiality of Your account and Your password. By establishing an account, You agree to accept responsibility for all activities on the Site pursuant to Your account and password. MedConverge reserves the right, in its sole and absolute discretion, to refuse service or access, cancel orders, or terminate Your account.
5. Copyright and Marks
All copyrights and other intellectual property of MedConverge remain property of MedConverge. All rights, title, interest, and ownership of Site and Services vest in MedConverge. Site and Services, including, but not limited to, all content and programming and licenses for third party content and programming, are the copyright property of MedConverge and the third parties with which MedConverge holds a license. By granting You access, entrance, and use of Site and Services, MedConverge does not grant, convey, or transfer any right, title, ownership, or interest in the Site and Services. You are not authorized and agree that you will not copy, reproduce, modify, publish, upload, publish, distribute, or redistribute all or any portion of Site and Services unless you have obtained the prior written consent MedConverge. The MedConverge name, brand, and logo are proprietary and owned by MedConverge HCS. You must retain all copyright and other proprietary notices on any authorized reproductions of any portion of the site. Any third-party marks and content appearing on the site are the property of their respective owners. You are not permitted to use any of these third-party marks or content without permission of the respective owner.
If you choose to post or share content on the Site, then You grant, convey, and assign to MedConverge an unconditional license to use and distribute Your post and content for any purposes which MedConverge chooses in its sole and absolute discretion. You are deemed to have given MedConverge a license to the material sufficient for any and all such use. MedConverge is permitted to copy the material for backup and archival purposes, display it on the Site, use it when providing Services, allow viewers to view it (including by downloading a copy to the viewer’s machines) and edit it. This license is perpetual, worldwide, transferable as part of any transfer of the Site in whole or in part, and fully-paid up. MedConverge also has the right to remove your content from the site at any time for any purpose.
6. Prohibited Conduct
By accessing and using the Site, you acknowledge the following prohibitions, and you agree to refrain from doing, either personally or through an agent, any and all of the following:
- Use any robot, web bot, spider, device, or other means to copy, record, and harvest information about other user or users.
- Transmit, install, upload or otherwise transfer or install any virus or other item or process to the site that in any way affects the use, enjoyment of Site or Services.
- Post anything on the site that is offensive to any other user. MedConverge HCS maintains the absolute and exclusive right to determine what is offensive.
- Post or store on the Site any content that violates or infringes the intellectual property rights of others (including, but not limited to, copyrights, trademarks, trade secrets, and rights of publication).
- Modify, edit or amend the information found on Site or Services.
- Transmit, install, upload or otherwise transfer to Site or Services any unauthorized advertisement or communication.
- Use the Site and Services for any unlawful or defamatory purpose.
- Transmit, install, upload, post or otherwise transfer any information in violation of the laws of the United States and the State of Texas.
- Attempt to access, or access, the personal information of another user which is stored on this site.
- Permit any person to access this site with Your password.
- Access or attempt to access Site or Services with another user’s password.
- Use any “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the site or any content, or in any way reproduce or circumvent the navigational structure or presentation of the site or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site and Services. MedConverge reserves the right to bar any such activity.
7. Courses and materials provided by MedConverge are prepared, published, and provided with diligence and the aim to give the best result to those who seek them; provided, however, that are no guarantees, warranties, or representations regarding the results that will be obtained from them.
MedConverge disclaims and refuses any and all guarantees, warranties, and representations that constitute or might be deemed a promise that the user of courses and materials will achieve any certain result.
8. Disclaimer and Limitation of Liability
YOU ACCESS, ENTER, and — USE THIS SITE AT YOUR OWN RISK. THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED. NEITHER MedConverge NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD-PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM — USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON THIS SITE, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THIS DISCLAIMER APPLIES TO ANY DAMAGE OR INJURY OF ANY KIND RESULTING FROM NEGLIGENCE OR OMISSION OF MedConverge, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR — USE OF — USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. MedConverge IS NOT LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THIS SITE.
Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Without limiting the foregoing, MedConverge neither warrants nor represents that your use of any content will not infringe the rights of any third parties.
While the owners and publishers of this Site intend to and make efforts to include accurate and up to date information in the Site, no warranties are made and no representations given as to the accuracy, correctness or reliability of the information contained in Site. Accordingly, the owners and publishers of Site assume no liability or responsibility for any omissions or errors (including, without limitation, typographical errors and technical errors) in the content of Site. Visitors are urged to obtain other advice and opinions, including the advice and opinions of licensed professionals where appropriate.
Most products purchased on or through use of the Site come with a manufacturer’s warranty. You agree to look solely to the manufacturer of any product, item, service, or other purchased item for warranty. MedConverge DOES NOT PROVIDE A WARRANTY OR GUARANTY FOR ANY PRODUCT (ITEMS) MANUFACTURED BY OR DISTRIBUTED BY A THIRD PARTY AND SOLD BY OR THROUGH THE SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, MedConverge DISCLAIMS, DENIES, AND REF– USES TO WARRANT PRODUCTS MANUFACTURED BY OR DISTRIBUTED BY THIRD PARTIES.
9. Third Party Content
MedConverge MAKES NO WARRANTY, EITHER EXPRESSED OR IMPLIED, OF THE ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION PROVIDED BY THIRD PARTIES. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY INFORMATION FOUND ON A LINK LOCATED ON THIS SITE THAT ALLOWS — USERS TO ACCESS INFORMATION FOUND ON ANOTHER SITE.
You agree to defend, indemnify and otherwise hold harmless MedConverge and its officers, directors, agents, employees and assigns from and against any cause of action or claim, including legal fees, related to Your use of the Site.
You are prohibited from violating or attempting to violate the security of the Site. MedConverge will investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators.
12. Violation of These Terms and Conditions
MedConverge may disclose any information we have about You (including Your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding Your use of the Site or Services, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) MedConverge’s rights or property, or the rights or property of visitors to or users of the site, including MedConverge customers. MedConverge reserves the right at all times to disclose any information that MedConverge deems necessary to comply with any applicable law, regulation, legal process or governmental request.
You acknowledge and agree that MedConverge may preserve any transmittal or communication by You with MedConverge through the Site and Services, and may also disclose such data if required to do so by law, or MedConverge determines that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce these Terms and Conditions; or protect the rights, property or personal safety of MedConverge, its employees, users of or visitors to the Site and Services.
You agree that MedConverge may, in its sole discretion and without prior notice, terminate Your access to the site and/or block Your future access to the site if we determine that You have violated these Terms and Conditions or other agreements or guidelines which may be associated with Your use of the site. You also agree that any violation by You of these Terms and Conditions will constitute an unlawful and unfair business practice, and will cause irreparable harm to MedConverge, for which monetary damages would be inadequate, and You consent to MedConverge obtaining any injunctive or equitable relief that MedConverge deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies MedConverge may have at law or in equity.
You agree that MedConverge may, in its sole and absolute discretion and without prior notice, terminate Your access to the Site and Services.
These Terms and Conditions contain the entire agreement between MedConverge and You regarding the subject matter hereof. You have not relied on any other agreement or representations regarding the subject matter of this Agreement. This Agreement is made and performable in Dallas County, Texas. Any previous agreement, whether oral or written, between MedConverge and You dealing with this subject matter is superseded and of no effect. These Terms and Conditions may not be modified by You except with prior agreement of MedConverge, set forth in writing and signed by an authorized officer of MedConverge. If any portion of this Terms and Conditions is found to be unenforceable for any reason, such portion will severed and will not affect the enforceability of the remaining terms. Upon Your breach of this Terms and Conditions, MedConverge may pursue any legal or equitable remedy available, including, but not limited to, direct, consequential and punitive damages and injunctive relief. MedConverge’s remedies are cumulative and not exclusive. Failure of MedConverge to exercise any remedy or enforce any portion of this Terms and Conditions at any time shall not operate as a waiver of any remedy or right to enforce any portion of the Terms and Conditions at any time thereafter. You agree that, to the fullest extent permitted by law, regardless of any statute or law to the contrary, any claim or action arising out of or regarding this Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. All claims not subject to the one year bar are subject to the Statute of Limitations as provided by Texas laws and statutes. MedConverge makes no representation that the content of the Site is appropriate or available for use in all locations. You are responsible for compliance with all applicable local laws.
You may contact MedConverge at firstname.lastname@example.org
16. Notice to End Users
In some cases, an administrator may create an account in MedConverge on the behalf of an “End-User” and may provide his/her information, including Personal Information. In such cases, the administrator who may be your Employer or a MedConverge Authorized Training Partner (ATP) is our “Customer.” We collect Information under the direction of our customers and have no direct relationship with the End-User whose personal data we process.
An end-user’s use of the MedConverge platform may be subject to the Customer’s policies if any.
If you are an End-user using our platform, please direct your privacy inquiries to your administrator. MedConverge is not responsible for the privacy or security practices of our customers, which may differ from those outlined in this privacy statement.
MedConverge does not send personalized advertisements or Marketing communication to end-users.
17. International Transfer
Personal data collected by MedConverge may be stored and processed in your region, and in any other country where MedConverge or its affiliates and data sub-processors operate facilities.
18. Use of your Personal Information and Other Data