1.0 ACCEPTANCE OF TERMS AND CONDITIONS
1.1 Www.bookmysim.one website("Website") or mobile application (“App”) is an internet-based medical simulation training/ medical workshops/ knowledge-based or similar training aggregator website/app fully owned and operated by Medvarsity Online Limited, India ("MOL"), a company incorporated as per the Indian laws, with its registered office at 2nd Floor, Block B, Sanali Infopark, 2- LV Prasad Marg Jubilee Hills, Hyderabad, Telangana-500034.
1.2 MOL acts as a facilitator to book simulation training, medical workshops/knowledge-based or similar training ("Training") provided by our partners ("service providers") for the User ("User") across India and abroad through www.bookmysim.one website or app. The User can book the training using the website/app. This training can be attended by the User or by his friends or family members in India or abroad if they meet the eligibility criteria defined by the service provider. There are three parties involved in this “Terms and Conditions” i.e., MOL, Service Provider, and User.
1.3 This agreement ("Agreement") between MOL and the User defines the terms and conditions for providing the services through the website/app by MOL and service providers. In addition to this agreement and depending on the training chosen by the User, the User shall be required to read and accept the relevant terms for such training, which may be updated or modified by MOL from time to time. Such terms shall be deemed to be a part of this Agreement and in the event of a conflict between such terms and this Agreement, the terms of this Agreement shall prevail.
1.4 Use of the website/app is offered to the User-based on “Acceptance of Terms” without any modification which shall be updated from time to time. Further, it is clarified that use of the website/app by the User constitutes an acknowledgment and acceptance of this Agreement, terms, conditions, and notices by the User. The User should not use the website/app or training by the service provider if the user does not agree with full or any part of the agreement, terms and conditions.
1.5 Additionally, the service provider may lay down terms, conditions, and guidelines that govern particular features, operating rules, and policies applicable to each training. The User shall be responsible for ensuring compliance with the terms, conditions, guidelines, operating rules, and policies of the service provider for which the user wants to attend a training or deal. In the event that any of the terms, conditions, and notices contained in this Agreement or the terms and conditions conflict with the additional/other terms and conditions specified by the service service provider, then the latter’s terms and conditions shall prevail.
1.6 MOL is free to offer discounts, coupon codes, and vouchers on and above the price shown in the website/app. Discounts, coupon codes, and vouchers have no monetary value and can be used on the website/app only. A discount, coupon code, or voucher can be restricted to one training, some training, or can be applied for all training. A discount, coupon code, or voucher can also be restricted to a certain date range. A discount, coupon code, or voucher can be limited to appear only for certain Users, certain link sources, or certain order environments. A discount, coupon code, or voucher may require a minimum order total, requiring a minimum number of training in the order, or there could be a cap on the price discount offered by MOL.
2.0 MODIFICATIONS/UPDATION OF TERMS AND CONDITION
MOL and the associated service providers reserve the right to update or change the terms and conditions and notices under which the training is offered through the website/app, including but not limited to the charges for the training provided through the website/app. The User shall be responsible for regularly reviewing these terms and conditions.
3.0 ELIGIBILITY FOR TRAINING
MOL and training service providers reserve the right to determine the eligibility criteria for each of the training organized by the service provider across India and abroad. The service provider has the right to determine the eligibility criteria including age for the Users. Service providers reserve the right to deny the admission if the User doesn’t meet the eligibility criteria and no refund will be issued in such cases
4. LIMITATIONS OF USER
4.1 The User agrees and undertakes not to sell, trade or resell or exploit for any commercial purposes, any portion of the training.
4.2 The User further agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or training obtained from the website/app and from the training provided by the service provider. Limited reproduction and copying of the content of the website/app is permitted provided that the MOL's name is stated as the source. Further, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the website/app is not permitted.
6.0 WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY
6.1 MOL has endeavored to ensure that all the information on the website/app is correct, but MOL neither warrants nor makes any representations regarding the quality, accuracy, or completeness of any data or information contained. MOL makes no warranty, express or implied, concerning the website/app and/or its contents and disclaims all warranties of fitness for a particular purpose and warranties of merchantability in respect of training, including any liability, responsibility or any other claim, whatsoever, in respect of any loss, whether direct or consequential, to any User or any other person, arising out of or from the use of the information contained in the website/app.
6.2 Since MOL acts only as a booking or reseller agent, it shall not have any liability whatsoever for any aspect of the arrangements between the service provider and the User as regards the standards of training provided by the service providers. In no circumstances shall MOL be liable for the training provided by the service provider.
6.3 Although MOL makes reasonable efforts to ensure that the description and content in the terms and on each page of the website/app are correct, it does not, however, take responsibility for changes that occurred due to human or data entry errors or for any loss or damages suffered by any User due to any information contained herein. Also, MOL is not the service provider and cannot, therefore, control or pretraining changes in the published descriptions which are based upon information provided by the service providers.
6.4 MOL does not endorse any advertiser on its website/app in any manner. The Users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
6.5 In no training shall MOL be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from:
a) the use or the inability to use the training;
b) the cost of procurement of substitute goods and training or resulting from any goods, information or training purchased or obtained or messages received or transactions entered into through the training;
c) unauthorized access to or alteration of the User's transmissions or data;
d) any other matter relating to the training; including, without limitation, damages for loss of use, data, or profits, arising out of or in any way connected with the use or performance of the website/app.
Neither shall MOL be responsible for the delay or inability to use the website/app or training, the provision of or failure to provide training, or for any information, software, products, training, and related graphics obtained through the website/app, or otherwise arising out of the use of the website/app, whether based on contract, tort, negligence, strict liability or otherwise. Further, MOL shall not be held responsible for non-availability of the website/app during periodic maintenance operations or any unplanned suspension of access to the website/app that may occur due to technical reasons or for any reason beyond MOL's control. The User understands and agrees that any material and/or data downloaded or otherwise obtained through the website/app is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data. These limitations, disclaimer of warranties and exclusions apply without regard to whether the damages arise from:
a) breach of contract,
b) breach of warranty,
c) negligence, or any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law. The maximum liability on part of MOL arising under any circumstances, in respect of any training offered on the website/app, shall be limited to the refund of the total amount received from the customer for availing the training less any cancellation, refund, or other charges, as may be applicable. In no case, the liability shall include any consequential loss, damage, or additional expense whatsoever.
7.0 PERMISSIONS, LINKS, INFORMATION TECHNOLOGY ACT, 2000
By signing up on the website/app, the User grants us permission to use the information about actions that User have taken on the website/app in connection with ads, offers, and other content (whether sponsored or otherwise) that we display across our training, without any compensation to User. We use data and information about the User to make relevant suggestions and recommendations to the User and others.The website/app may contain links to third-party websites/apps, these links are provided solely as a convenience to the User and the presence of these links should not under any circumstances be considered as an endorsement of the contents of the same. If the User chooses to access these websites/mobile applications, the User does so at the User's own risk. Whilst using this website/app, an obligation is cast upon the User to only provide true and correct information, and in the case of creating a profile User undertakes to at all times keep the information up to date. MOL will not be liable on account of any inaccuracy of information on this website/app. It is the responsibility of the visitor to further research the information on the website/app. Any breach of privacy or of the information provided by the consumer to MOL to be placed on the website/app by technical or any other means is not the responsibility of MOL. MOL does not guarantee the confidentiality of information provided to it by any person acquiring/using all/any information displayed on the website/app or any of its other website/mobile applications /domains owned and operated by MOL. MOL can share personally identifiable data of any individual with other companies/entities/service providers/people/employees involved in organizing the training without obtaining permission. MOL shall share all such information that it has in its possession in response to legal processes, such as a court order or subpoena. The User shall not utilize the training offered by the service providers in any manner so as to impair the interests and functioning of service providers/MOL. The User undertakes not to duplicate, download, publish, modify and distribute the material on the website/app unless specifically authorized by MOL in this regard. The User undertakes to use the website/app for his/her own purposes. Using content from the website/app for derivative works with a commercial motive without prior written consent from MOL is strictly prohibited. Users undertake that the training offered by website/app/MOL shall not be utilized to upload, post, email, transmit or otherwise make available either directly or indirectly, or through any unsolicited bulk emails or unsolicited commercial emails. MOL reserves the right to filter, monitor and block the emails sent by User/User using the servers maintained by MOL to relay emails. The User shall not upload, post, transmit, publish, or distribute any material or information that is unlawful, or which may potentially be perceived as being harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, or racially, ethnically, or otherwise objectionable. The User expressly states that the insertion or information/ data being fed into the website/app by the User is correct and complete in all respects and does not contain any false, distorted, manipulated, fraudulent, or misleading facts or averments. MOL expressly disclaims any liability arising out of the said information/ data so fed into the website/app by the User. Further, the User agrees to indemnify MOL for all losses incurred by MOL due to any false, distorted, manipulated, defamatory, libelous, vulgar, obscene, fraudulent, or misleading facts or otherwise objectionable averments made by the User on the website/app. The User/Visitor to website/app and/or its affiliated website/apps does hereby specifically agree that he/she shall, at all times, comply with the requirements of the Information Technology Act, 2000 as also rules, regulations, guidelines, bye-laws and notifications made thereunder, while assessing or feeding any information/data into the computers, computer systems or website/app. The said User/ visitor to website/app and/or its affiliated website/apps does further unequivocally declare that in case he violates any provisions of the Information Technology Act, 2000 and/or rules, regulations, guidelines, bye-laws, and notifications made thereunder, he shall alone be responsible for all his acts, deeds, and things and that he alone shall be liable for civil and criminal liability there under or under any other law for the time being in force. MOL does not warrant that the website/app or any affiliate site(s)/mobile applications or network system linked to it is free of any operational errors and MOL also does not warrant that the website/app will be free of any virus, computer contaminant, worm, or other harmful components but MOL will make best efforts to make the website/app free of operational errors/ virus/ computer containment/ worm/ harmful components. E-Mails provided as part of contact details are expected to be genuine and access to such email accounts is available to authorized personnel only. MOL shall not be liable for any loss or damage sustained by reason of any disclosure (inadvertent or otherwise) of any information concerning the User's account and/or information relating to or regarding online transactions using credit cards/debit cards and/or their verification process and particulars nor for any error, omission or inaccuracy with respect to any information so disclosed and used whether or not in pursuance of a legal process or otherwise. MOL undertakes no liability for free training. MOL will not be a party to any legal proceedings between a User and a service provider contracted through the website/app. In case MOL is implicated in any legal proceedings, costs will be recovered from the party that names MOL. MOL however will abide by any court order subject to Indian jurisdiction served on it through due process.
8.0 PROHIBITION AGAINST UNLAWFUL USE
As a condition of the use of the website/app, the User warrants that they will not use the website/app for any purpose that is unlawful or illegal under any law for the time being in force within or outside India or prohibited by this Agreement and/or the terms including both specific and implied. In addition, the website/app shall not be used in any manner, which could damage, disable, overburden or impair it or interfere with any other party's use and/or enjoyment of the website/app. The User shall refrain from obtaining or attempting to obtain any materials or information through any means not intentionally made available or provided for or through the website/app.
9.0 LISTING FEE
9.1 MOL reserves the right to charge listing fees for training. MOL further reserves the right to alter any and all fees from time to time, without notice.
9.2 The User shall be liable to pay all applicable charges, fees, duties, taxes, levies, and assessments for availing the training.
10.0 USER ACCOUNT AND USER’S OBLIGATION
10.1 In consideration of use of the website/app, the User represents and confirms that the User is of legal age to enter into a binding contract and is not a person barred from using the website/app and/or receiving the training under the laws of India or other applicable law.
10.2 To avail training, the User has and must continue to maintain at his sole cost: (a) all the necessary equipment including a computer and modem, etc. to access the website/app/avail training; (b) own access to the World Wide Web. The User shall be responsible for accessing the training and that access may involve third-party fees including, airtime charges or internet training service providers’ charges which are to be exclusively borne by the User.
10.3 The User also understands that the training may include certain communications from MOL as training announcements and administrative messages. The User understands and agrees that the training is provided on an "as is" basis and that MOL does not assume any responsibility for deletions, miss-delivery or failure to store any user communications or personalized settings.
10.4 Registration on the website/app is optional for a visitor but registration is mandatory for booking training through the website/app. If the User opts to register himself on the website/app, upon completion of the registration process, the User shall receive a User id and password. The User agrees and undertakes at all times to be responsible for maintaining the confidentiality of the password and user id, and shall be fully responsible for all activities that occur by use of such password or User id. Further, the User agrees not to use any other party's User id and password for any purpose whatsoever without proper authorization from such party. Users are responsible for the security of the User's password and for all transactions undertaken using the password. The password entered by the User is transmitted in one-way encrypted form to our database and stored as such. Thus the password will not be known even to MOL. Users confirm that the User is the authorized holder of the credit card or the original account holder used in the transactions on the website/app. MOL will not be responsible for any financial loss, inconvenience, or mental agony resulting from the misuse of the User's ID/password/credit card number/account details number for booking the training on the website/app.
10.5 The User also agrees and undertakes to immediately notify MOL of any unauthorized use of the User's password or User id and to ensure that the user logs off at the end of each session at the website/app. MOL shall not be responsible for any, direct or indirect, loss or damage arising out of the User's failure to comply with this requirement.
10.6 The User also agrees to:
a) provide true, accurate, and complete information about himself and his beneficiaries as prompted by the registration form ("Registration Data") on the website/app; and maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If the User provides any information that is untrue, inaccurate, not current or incomplete or MOL has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, MOL has the right to suspend or terminate the User's registration and refuse any and all current or future use of the website/app and/or any training.
10.7 Furthermore, the User grants MOL the right to disclose to third parties Registration Data to the extent necessary for the purpose of carrying out the training.
11.1 Without prejudice to the other remedies available to MOL under this agreement, the terms or under applicable law, MOL may limit the User's activity, or end the User's listing, warn others, immediately temporarily/indefinitely suspend or terminate the User's registration, and/or refuse to provide the User with access to the website/app if:
a) the User is in breach of this agreement, the terms and/or the documents it incorporates by reference;
b) MOL is unable to verify or authenticate any information provided by the User; or
c) MOL believes that the User's actions may infringe on any third party rights or breach any applicable law or otherwise result in any liability for the User, other Users of the website/app, and/or MOL.
11.2 MOL may at any time in its sole discretion reinstate suspended Users. Once the user has been indefinitely suspended, the User may not register or attempt to register with MOL or use the website/app in any manner whatsoever until such time that the User is reinstated by MOL. Notwithstanding the foregoing, if the User breaches this agreement, the terms of the documents it incorporates by reference, MOL reserves the right to recover any amounts due and owing by the User to MOL and/or the service provider and to take strict legal action as MOL deems necessary.
12.0 PROPRIETARY RIGHTS
12.1 MOL may provide the User with content such as sound, photographs, graphics, video, or other material contained in sponsor advertisements or information. This material may be protected by copyrights, trademarks or other intellectual property rights and laws. The User may use this material only as expressly authorized by MOL and shall not copy, transmit or create derivative works of such material without express authorization from MOL.
12.2 The User acknowledges and agrees that they shall not upload, post, reproduce or distribute any content on or through the website/app that is protected by copyright or another proprietary right of a third party, without obtaining the permission of the owner of such right. Any copyrighted or other proprietary content distributed on or through the website/app with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the User to personal liability or criminal prosecution.
None of the provisions of this Agreement, terms and conditions, notices, or the right to use the website/app by the User contained herein or any other section or pages of the website/app and/or the Linked Sites/ mobile applications, shall be deemed to constitute a partnership between the User and MOL and no party shall have any authority to bind or shall be deemed to be the agent of the other in any way. It may be noted, however, that if by using the website/app, the User authorizes MOL and its agents to access third party sites/ mobile applications designated by them or on their behalf for retrieving requested information, the User shall be deemed to have appointed MOL and its agents as their agent for this purpose.
The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent, or intent of this Agreement, the terms or the right to use the website/app by the User contained herein or any other section or pages of the website/app or any Linked Sites/ mobile applications in any manner whatsoever.
15.0 INTERPRETATION OF NUMBER AND GENDERS
The terms and conditions herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine and feminine. The words "include", "includes" and "including" shall be deemed to be followed by the phrase "without limitation". Unless the context otherwise requires, the terms "herein", "hereof", "hereto", "hereunder" and words of similar import refer to this Agreement as a whole.
The User agrees to indemnify, defend and hold harmless MOL from and against any and all losses, liabilities, claims, damages, costs, and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by MOL that arises out of, result from or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by the User pursuant to this Agreement and/or the terms.
17.0 SEVERABILITY OF A PROVISION OR PROVISIONS
If any provision of this Agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of this Agreement shall continue to be in full force and effect.
18.0 TERMINATION OF AGREEMENT AND TRAINING
18.1 Either the User or MOL may terminate this Agreement with or without cause at any time to be effective immediately.
18.2 The User agrees that MOL may under certain circumstances and without prior notice, immediately terminate the User's id and access to the website/app/training. Causes for termination may include, but shall not be limited to, breach by the User of this Agreement or the terms, requests by enforcement or government agencies, requests by the User, non-payment of fees owed by the User in connection with the training as specified in the applicable terms.
18.3 This Agreement may be terminated by either the User or MOL through a written notice to the other. MOL shall not be liable to the User or any third party for termination of any training. Should the User object to any terms and conditions of this Agreement, any terms or become dissatisfied with the training in any way, the User's only recourse is to immediately:
(a) discontinue use of the website/app/training; and
(b) notify MOL of such discontinuance.
18.4 Upon termination of the Agreement, the User's right to use the website/app/training and software shall immediately cease. The User shall have no right and MOL shall have no obligation thereafter to execute any of the User's uncompleted tasks or forward any unread or unsent messages to the User or any third party. Once the User's registration or the training are terminated, canceled, or suspended, any data that the User has stored on the website/app may not be retrieved later.
All notices and communications (including those related to changes in the terms, training, termination of training, etc.,) shall be in writing, in English and shall deemed given if delivered personally or by commercial messenger or courier training, or mailed by registered or certified mail (return receipt requested) or sent via email/facsimile (with acknowledgment of complete transmission) to the following address:
a) If to MOL, at [email protected] or at the address posted on the website/app.
b) If to a non-registered User, at the communication and/or email address specified in the application form availing of a MOL training.
c) If to a registered User, at the communication and/or email address specified in the registration form.
Notice shall be deemed to have been served 48 hours after it has been sent, dispatched, displayed, as the case may be, unless, where notice has been sent by email, it comes to the knowledge of the sending party, that the email address is invalid.
20.0 APPLICABLE LAW
This agreement and each term shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts of Hyderabad.
21.0 PURCHASE POLICY
21.1 Website/app accepts payment methods through Razorpay. Other payment methods may be added from time to time.
21.2 Website/app acts as an agent/reseller to the service provider who is promoting the training for which the User makes a purchase. When the User purchases a training , website/app will be handling the transaction and collecting payment for the “service provider”. Website/app reserves the right to include other online courses/ offline content owned by MOL or its affiliates to the planned training at its sole discretion.
21.3 Website/app sells training on behalf of the service providers and does not control the inventory or its availability.
21.4 Website/app follows dynamic pricing/ discounted pricing/ bundle pricing to promote the training and final pricing is at the sole discretion of the website/app on behalf of MOL.
21.5 When purchasing training on the website/app, Users are limited to a specified number of training based on the availability and sole discretion of MOL.
21.6 If the User does not receive a confirmation number (in the form of a confirmation page or email) after submitting payment information, or if User experiences an error message or interruption after submitting payment information, it is User's responsibility to confirm whether orUser's order has been placed or not by checking User's booking history or by contacting the MOL’s authorized representative through the official contact information shown on the website/app. Users must be aware of any problems that may occur during the purchase process. Website/app will not be responsible for losses (monetary or otherwise) if the User assumes that an order was placed though he doesn’t receive a confirmat