Terms of Services
The Company reserves the right, at its own discretion, to change, modify, add or remove portions of these Terms of Service at any time. Please review the Terms of Service periodically for changes. Changes to Terms of Service will be posted on the Platform, and posting will constitute notification of such changes. CONTINUED USE OF THE PLATFORM INDICATES YOUR CONTINUED ACCEPTANCE OF THESE TERMS OF SERVICE ("Terms").
Access to the Platform
You acknowledge and understand that the intended Users of the Platform are qualified Healthcare professionals, primarily Doctors registered with either: (1) The Medical Council of India (or a State Medical Council under Medical council of India or, (2) The Dental Council of India (or a State Dental Council under Dental Council of India). For accessing all the services on the Platform, you will be required to get yourself registered on the Platform, by providing all the information required including but not limited to your name, age, professional registration number, location, contact number, e-mail id, etc.
You will also be required to provide a self-declaration that you are a qualified Healthcare Professional OR a Doctor registered with either: (1) The Medical Council of India (or a State Medical Council under Medical council of India or, (2) The Dental Council of India (or a State Dental Council under Dental Council of India), as the case may be. DO NOT get registered and create an account if you DO NOT meet the above conditions. Please note that any registration made by disclosing wrong information or giving false declarations will expose yourself to suitable penal action. Further, please note that after obtaining registration, sharing details of the same with persons who are not entitled to obtain registration will also invite penal consequences.
We shall not be liable for any consequences arising out of any wrong/false registrations or wrongful access to our Site and/or relying on the information thereon.Even if you have not registered, the Company may collect data such as: the referring website, the type of browser you use, the time and date that you accessed the Services, the pages you visited and viewed throughout our Sites, and non-personally identifiable information, i.e. information that is not traced back to any individual and cannot be used on its own to identify an individual.Although we aim to provide You with access to our Platform at all times, we make no promise that our Platform will meet Your requirements or is fault free. We may also temporarily suspend the whole or any part of the Platform to allow for repairs, maintenance or the introduction of new content or facilities. The Company may decide to permanently close down the Platform without any notice to the users for any reason as it deems fit and You shall have no claims against the Company.
- Whether You access the Platform from within or outside India, You do so at Your own risk and are responsible for compliance with the laws of Your jurisdiction.
- You agree that your access to the Platform is of your own free will.
- The Company without giving notice has the right to delete any user account/ information on the Platform for any reason.
- The Company may from time to time update any services or disable access to any services for a period of time, at the sole discretion of the Company.
The Company may automatically update the version of the Platform that You are using on the mobile device, and You agree to have such automatic updates on your mobile device.
Description of Services
The Company offers a variety of services (“Services”) to Users through the Platform including:
- Access to medical information such as news, opinions, editorials, academic publications, Medical Quiz etc.
- Market Research surveys
- Access to promotional content/advertisements about products and services offered by other Healthcare or non-healthcare companies (“Advertisers”) along with communication tools to provide feedback to the Advertisers
- Any other services
- The Services are intended for use by qualified Healthcare professionals/ Doctors. By using the Services, you represent and warrant that you have the right, authority, and capacity to agree to and abide by these Terms and that you are not prohibited from using the Services or any portion thereof. The information and tools that we make available through the Services are provided for educational and informational purposes only. While we hope you find the Services useful to you as a qualified Healthcare professional/ Doctor, they are in no way intended to serve as a diagnostic service or platform, to provide certainty with respect to a diagnosis, to recommend a particular product or therapy or to otherwise substitute for the clinical judgment of a qualified healthcare professional. You agree that you will not use the Services with the intention of creating any kind of physician/patient relationship, e.g., to diagnose or treat users. You are solely responsible for evaluating the information obtained from the Services and for your use or misuse of such information in connection with your treatment decisions or otherwise.
- If you are a consumer who chooses to access the professional-level information made available through the Services, you should not rely on that information as professional medical advice or use the Services as a replacement for any relationship with your physician or other qualified healthcare professional. For medical concerns, including decisions about medications and other treatments, consumers should always consult their physician or, in serious cases, seek immediate assistance from emergency medical personnel.
- Disclaimer – any information provided here as Services should not be construed by the Doctor/User or anyone accessing them to be medical advice and these are purely information which are being shared. It is strongly advised that Doctors shall not share this information to any other persons and even if they do share, then, we shall not be liable for the same. Any user who access this content and Services shall be required to exercise their own due care and caution while accessing this content and Services.
The Company reserves the right to change, modify, add or remove any Services at any time without prior notice to You. In addition, certain Services may have additional guidelines or rules. When using these Services, You shall be subject to any posted guidelines or rules applicable to such Services in addition to these Terms of Service.
The primary business of the Company is the operation and running of the Platform which is targeted towards Healthcare professionals generally and does not cater to the needs of any particular pharmaceutical company or provide promotional opportunities exclusively to any specific pharmaceutical company (or pharmaceutical group) or provide such promotional services under the control/direction of such pharmaceutical company or otherwise involve provision of any health related service or any other allied healthcare services.
Using The Platform
You must not use the Platform for any activities that breach any law, infringe any person's rights, or breach any standards, content requirements or codes published by any relevant authority. You must use the Platform and the information available on the Platform responsibly. You must not use the Platform or the information available from the Platform for or in connection with any unlawful, immoral or anti-social purpose. You must not use the Platform in any way that interferes with our systems or other users or harasses, menaces or harms anyone.
Common Account with M3 India
The Company also owns and operates a Mobile application (“MDclip”) and the Platform under the brand name M3 India (collectively, “M3India Products”). The Company will maintain all the account and profile information of the M3India Products users under a common account with M3 India. This means that the Platform user will be able to access MDclip by using the common login information and vice versa.
You understand and agree that the profile information provided by You to the Platform will be mandatorily shared with the MDclip and your right to access the Platform shall also entitle You to access the MDclip. The same login details as provided by You in the Platform shall remain valid for accessing MDclip.
Terms of Service of Advertising Services
- MDcast™ is a commercial/advertising service offered by M3India to facilitate the Users/Doctors to access/view products/services of various Advertisers. This service of M3India will enable Users/Doctors to view, and if further interested, to interact with the Advertisers and avail their services/products.
- The User acknowledges that the Company will be providing the Services in its capacity as an independent third party, and the Company is in no way acting in the capacity of an “agent” or “representative” of the Advertisers. By virtue of providing the promotional services, the Company is not soliciting any form of public endorsement from the Users with respect to the contents of the Platform.
- The commercial/promotional material (MDcast™ content) can be viewed by Users by accessing the Platform, and will be clearly identified as promotional to separate them from other information available on the Platform
- The Company will promote the MDcast™ content among users or a segment of users, as the case may be, using various communication tools including SMS, E-mail, mobile or web push notifications, Phone call etc. (referred to as “MDcast™ communication”). The Company will use its best efforts to ensure that the Users are contacted regarding the products/services which are relevant to their area of specialisation and practice. Users who are not interested in receiving MDcast™ communication, however, will be able to opt-out of the same by making a change in their preferences.
- Please keep in mind that the advertising services is only a venue for Users to view or respond to Advertisements. The Company does not take responsibility for MDcast™ content posted on behalf of Advertisers, and You are required to exercise independent judgment before acting upon any information contained in the Content.
- Under MDcast™, We only share information in the form of aggregated statistics with Advertisers such as number of Users who opened, clicked or viewed Ads/Banners and We do not disclose personally identifiable information of Users except where Users provide explicit consent to share their information to the Advertisers.
The Company absolutely has no control over the quality, safety or legality of, the truth or accuracy of any information that is posted Platform including the content/information posted by the Advertisers thorough the Platform. The Company has no liability for the acts or omission of the Advertisers or the Rewards Retailers.
The Company, in a manner consistent with reasonable commercial business practices, has the right to remove all or any part of the information and services posted on any part of the Platform without prior notice.
Unless explicitly stated in any part of the Platform, we are not involved in the actual transactions between Doctors and the Advertisers regarding the Ads/Banners placed by the Advertisers on the Platform. We absolutely have no control over the quality, safety or legality of the products or services advertised, the truth or accuracy of the listings, the ability of Advertisers regarding the services/products offered thorough the Platform. We expect that You will use caution when using the Platform. You understand and agree that we do not guarantee the accuracy or legitimacy of any Ads posted by the Advertisers.
All materials displayed (including, but not limited to text, graphics, articles, photographs, images, videos, drawings, illustrations also known as the "Content," and which includes submissions, discussions, posts by the Users, are protected by copyright. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or third party submissions or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners and/or the Company, and (ii) in any way that violates any third party right.
You hereby grant us and our contractors, agents, and employees, an irrevocable, perpetual, royalty-free, non-exclusive, transferable, worldwide license to use, copy, display, broadcast, transmit, perform, stream, access, view, reproduce, publish, translate, distribute, and create derivative works based on your Content. We claim no ownership rights in the Content You post to the Platform and You understand that You alone shall remain solely responsible for any such Content.
You take sole responsibility for all Content that you post on the Platform. You warrant, represent and agree that you will not contribute any Content or otherwise use the Services in a manner that:
- is threatening, defamatory, abusive, obscene, pornographic, or any material that would give rise to any civil or criminal liability
- infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party
- impersonates or misrepresents your affiliation with any person or entity
- contains any statement that is fraudulent, false, misleading or deceptive
- contains any slurs, hate speech, or attacks an individual or group on the basis of race, colour, religion, national origin, or sexual preference
- contains a virus, Trojan horse, worm, time bomb, or other harmful computer code, file, or program or that constitutes spam
- interferes with another person's use of the Platform or the Services; and violates any law, statute, ordinance or regulation and is, or any product and service that could be construed as, illegal or part of an illegal activity as per the nation's, state's, local or international laws
Termination of Registration
If You no longer wish to have a Registered Account or avail the Services, you may terminate your Account by sending us a communication via the Contact Us option available on the Platform. If you no longer accept these Terms of Service, you must cease using the Platform and cancel your registration as stated above. If for any reason we believe that you have not complied with these Terms, we may at our sole discretion, either suspend or disable your registration immediately and without being liable to send prior notice to you.
In case of termination of Your account or in case Company suspends or disables Your account, all the data pertaining to Your account will be deleted and will no longer be made available to you.
Disclaimer of Warranties
Company has no special relationship with or fiduciary duty to you. You acknowledge that Company has no control over, and no duty to take any action regarding: i) which users gain access to the Services; ii) what content You access via the Services; iii) what effects the use of the Services/contents may have on you; iv) how you may interpret or use the content; or v) what actions you may take as a result of having been exposed to the content and/or Services. You release Company from all liability You have incurred through use of the Services.
To the fullest extent permissible pursuant to applicable law, Company disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Specifically, but without limitation, Company does not warrant that: (i) the information on the Platform is correct, accurate or reliable; (ii) the functions contained on the Platform will be uninterrupted or error-free; or (iii) defects will be corrected, or that the Platform or the server that makes it available are free of viruses or other harmful components.
Limitation of Liability
Except as expressly provided by law, Company accepts no liability whatsoever for any liability, loss damage or expenses incurred or suffered as a direct or indirect result of the use of the Platform. Under no circumstances shall Company be liable for any incidental, special, consequential or exemplary damages that result from the use of, or the inability to use, the Platform or the information contained on the Platform, even if Company has been advised of the possibility of such damages.
Links from the Platform
We do not monitor or review the content of third party's websites which are linked to the Platform. Opinion expressed or materials appearing on such third party websites are not necessarily shared or endorsed by us and we should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or contents of these sites. You should evaluate the security and trustworthiness of any other site connected to the Platform or accessed through the Platform yourself, before using such third party websites or disclosing any personal information to them. The Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your use of, and/or disclosure of any personal information to, any such third party websites.
Rewards and Points system
A. General and Earning Points
- The Platform uses a point system (“M3 India Activity Points” hereafter referred to us “Points” for brevity) to incentivize its members for performing certain activities and behaviours on the Platform. This is an independent program driven by the Company, with the objective of increasing the activity and traffic of the Platform and improving its popularity among the Members.
- Further, you hereby agree that the Platform is directed only towards registered healthcare professionals. Pursuant to the above, the Company reserves the right to conduct such verification as it deems fit at any point of time during your membership with the Company to verify and authenticate the professional details provided by you either through itself or through a third party.
- You hereby agree to indemnify and hold the Company harmless against all losses incurred by the Company which arise out of: (i) any false, inaccurate or incorrect professional details provided by you to the Company at the time of registration based on which Points have been obtained or redeemed by you, or (ii) any fraudulent act on your part to obtain or redeem any Points on the Platform.
- Once you have registered yourself with the Company as part of the process set out above, and You participate in certain defined activities or behaviours on the Platform such as logging into the Platform regularly, maintaining a complete and updated profile, reading and sharing the contents of the Platform, participate in the market research studies conducted on the Platform (as determined by the Company from time to time), hosted by the Company (in its capacity of an independent third party), you will be entitled to earn and collect Points The number of Points that a User will be entitled to earn for such activities will be displayed on the Platform clearly . The Points will be recorded to the Registered Account created in the name of the User at the time of registration. Details with respect to the balance Points and the amount of Points earned or redeemed by the User will be made available on the Registered Account on the Platform in the form of a detailed Point statement.
- The Points can be redeemed to obtain goods and services (including but not limited to subscription to any paid Medical journals or talk time on mobile phones), discounts or vouchers (“Rewards”) from certain reward providers at their point of sale or on their online portals (“Rewards Retailers”), details of which are enlisted on the Platform (subject to change from time to time). All Rewards are subject to availability and restrictions imposed by the Rewards Retailers. The number of Points required to claim the Rewards will be displayed on the Platform and will be subject to such changes as deemed appropriate by the Company.
- The members agree that only one account per member can be eligible to exchange Points to Rewards. If a member has created multiple accounts on the Company's Platform with common registration details, then such a member will not be eligible to claim the Points from the duplicate accounts. If a member who has multiple accounts exchanges Points belonging to one account to the Rewards, the Points belonging to all the other accounts shall stand cancelled.
- Points which have not been redeemed for more than 1 year are expired on Dec 31st every year. Members will receive a notification about points which are due to expire, over email and SMS. More details around points system and applicable policies are available under the FAQ section.
- The points that have been redeemed cannot be used again and further cannot be exchanged for cash. The Rewards are not exchangeable for other rewards or refundable, replaceable or transferable for cash or credit or otherwise to other members or non-members under any circumstances, nor can these be re-converted back to Points. The Company has no obligation to buy-back or pay in cash in exchange for the Points. If insufficient points are available, or the Company suspects fraud or misconduct, Rewards may be refused or cancelled.
- Vouchers that have been claimed as part of the Rewards will have an expiry date and will be become invalid after such date. The Company will not be responsible for replacing the expired vouchers.
- The Company will not be responsible for the fulfilment of goods / services purchased by the User using a Reward voucher or discontinuance of any product by the Rewards Retailers or for any effect on or devaluation of the Rewards caused by such change, discontinuance, or withdrawal.
B. Miscellaneous – Reward Points
- The Company can stop the Point system at any time necessary due to a business constraint. In such a case, the Company will announce the closure of the Point system to you in advance in an appropriate way.
- Goods and services displayed on the Platform and their fulfilment are the sole responsibility of the Rewards Retailer and not the Company. The Company is not responsible for any content or the accuracy found on the Rewards Retailer online portal.
- At no point will the Company hold the inventory of the goods/services that are featured on the Platform or on the Rewards Retailer's online portal.
- The Company makes no warranties or representations either expressed or implied, with regard to the type, quality or fitness of the Rewards.
- Whenever deemed necessary, the Company may, without notice, modify the contents and conditions of Rewards program, cancel the Rewards available or substitute the Reward with another, of comparable nature and value, as determined by the Company.
- The Users acknowledge the Company will not be clearing, paying on behalf or settling any payment obligation on behalf of the User in favour of the Rewards Retailer and the products purchased from the Reward Retailer are sold by the Reward Retailer and not by the Company.
- The payment collection from the Users and processing will be done by the participating Reward Retailer and the Company will have no role in it.
- Earning or redeeming the Points on the Registered Account will constitute acceptance of these Terms and the Company's sole liability is towards the User for any loss suffered due to breach of the Terms hereunder. In such a case the Company will credit the Points which have been wrongly deducted or which should have been credited and have not been credited to the Registered Account.
You will be solely responsible for all your obligations with respect to income tax filings including but not limited to income tax calculations and submission of income tax returns. Any tax liability arising with respect to the aforesaid obligations will be solely borne by you and the Company will not incur any liability whatsoever.
In the event that the Company is required to deposit withholding tax as per the requirements of the applicable law in relation to the Rewards, then the Company hereby agrees to take all steps in relation to the same.
- You expressly agree that exclusive jurisdiction for any dispute with the Company, or in any way relating to Your use of the Platform, resides in the courts of India and You further agree and expressly consent to the exercise of personal jurisdiction in the courts of Mumbai, India in connection with any such dispute including any claim involving the Company or its affiliates, subsidiaries, employees, directors, and content providers.
- These Terms of Service are governed by the internal substantive Indian laws of the land, without respect to its conflict of laws principles. If any provision of these Terms of Service is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. These Terms of Service constitute the entire agreement between the parties and supersede all other agreements relating to the subject matter, and set out the complete legal relationship between the Company and You arising from or connected with the subject matter. For the avoidance of doubt, in the case of any conflict between these Terms of Service, and any other agreement, these Terms of Service shall govern and control such conflict.
- The Company reserves the right to place any third-party advertisements on the Platform at any time and without notice or liability. You are prohibited from republishing, selling, duplicating, or "scraping" for commercial or any other purpose whatsoever any of the data or other information contained on the Platform, in whole or in part, in any medium whatsoever.
- The Company recommends users who find inappropriate content to contact us immediately in order that we may take such action as we in our sole discretion deem fit, including removing any content. In addition, the Company reserves the right and its moderators are authorized to remove any material/opinion of which they are aware which violates these Terms of Service, in its sole discretion, considers inappropriate.
- You may not assign, sub-license or otherwise transfer any of your rights under these Terms of Service including the M3 Points.
- If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
- By using the Platform, you agree to indemnify, hold harmless and defend Company from any claims, damages, losses, liabilities and all costs and expenses of defence, including but not limited to, attorney's fees, resulting directly or indirectly from a claim by a third party that is based on your use of the Platform in violation of these terms. Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right to remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
- Please send any questions or comments regarding these Terms and the Platform to us by the Contact Us option available on the Platform.