Racketail Solutions and Technologies Private Limited (“us”, “we”, or “MedPik Plus”, which also includes its affiliates) is the author and publisher of the internet resource www.medpikplus.com (“Website”) on the world wide web as well as the software and applications provided by MedPik Plus, including but not limited to the mobile application ‘MedPik Plus’, and the software and applications of the brand ‘MedPik Plus’ ‘www.medpikplus.com’ “MedPik Plus Delivery”(together with the Website and its sub-domains, referred to as the “Services”).
This Agreement, among other things, provides the terms and conditions for use of Subscription Services, primarily a web based practice management hosted and managed remotely through the website and through native mobile applications as described in this Agreement. The site www.medpikplus.com is owned and operated by Racketail.
1. YOUR AGREEMENT WITH MEDPIK PLUS
1.2 You acknowledge that you will be bound by this Agreement for availing any of the Subscription Services offered by us.
1.3 Your access to use the Subscription Services will be solely at the discretion of MedPik Plus.
2. WHO IS MEDPIK PLUS?
MedPik Plus operated by Racketail Solutions and Technologies Pvt Ltd is the author and publisher of the software or website www.medpikplus.com,MedPik Plus, MedPik Plus Delivery and all their variants, editions, sub-domains, addons, and ancillary Subscription Services or services (including all files and images contained in or generated by the software, and accompanying data, together the “?Software?”). The Subscription Services have been designed for use at businesses, institutions, establishments and organisations engaged in the healthcare practices (“?Practices?”) by healthcare providers (“?Practitioners?”, which term shall also include designated associates of the healthcare providers who would use Software), and clients of the healthcare providers (“?End-Users?”, which term shall also include members of public who search for Practitioners on the website anonymously or as a registered user of the Service) to find, manage and organise information including but not limited to personal or non-personal information, practice and business information, appointments, prescriptions, medical records, billing, inventory and accounting details. All users of the Subscription Services are together termed as (“?Users?”or “you” or “your”).
MedPik Plus makes no express or implied representations or warranties about its Subscription Services and disclaims any implied warranties, including, but not limited to, warranties or implied warranties of merchantability or fitness for a particular purpose or use or non-infringement. MedPik Plus does not authorize anyone to make a warranty on MedPik Plus’s behalf and you may not rely on any statement of warranty as a warranty by MedPik Plus.
YOUR USE OF THE MEDPIK PLUS MEANS YOU ARE CONSENTING TO THIS AGREEMENT.
3.2. You must be 18 years of age or older to register? use these Subscription Services in any manner. By registering, or accepting this Agreement, you represent and warrant to MedPik Plus that you are 18 years of age or older, and that you have the right, authority and capacity to use the Subscription Services available through the MedPik Plus and agree to and abide by this Agreement. You also represent and warrant that you are not a person barred from receiving the Subscription Services under the laws of India or other countries including the country in which you are resident or from which you use the Subscription Services.
3.3. The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but limited to:
3.3.1. the Indian Contract Act, 1872,
3.3.2. the (Indian) Information Technology Act, 2000, and
3.3.3. the rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “?SPI Rules?”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “?IG Rules?”).
3.4. A condition of the User’s use of and access to the Subscription Services available provided by MedPik Plus to Users is the User’s acceptance of this Agreement. Any User that does not agree with any provisions of the same is required to leave this computer resource/the Subscription Services immediately and immediately discontinue use of all Subscription Services available at the MedPik Plus.
3.5. MedPik Plus authorizes the User to view and access the content available on the Subscription Services solely for ordering, receiving, delivering and communicating only as per this Agreement. The contents of the Subscription Services, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Subscription Services (collectively, "?MedPik Plus Content?"), are the property of MedPik Plus and are protected under copyright, trademark and other laws. User shall not modify the MedPik Plus Content or reproduce, display, publicly perform, distribute, or otherwise use the MedPik Plus Content in any way for any public or commercial purpose or for personal gain.
3.6. Multiple Users are not permitted to share the same/single login.
3.7. If you are an employee, associate, consultant, intern or are in any way associated to the Practitioner that has subscribed to the Subscription Services and the subscribing Practitioner has authorized you, explicitly or implicitly, to use the Subscription Services, this Agreement is a three way agreement between you, the Practitioner and MedPik Plus. Both the Practitioner and MedPik Plus may seek recourse against you for any violation of the terms of this Agreement.
3.8. Users may not transfer (including by way of sublicense, lease, assignment or other transfer, including by operation of law) their login or right to use the Subscription Services to any third party. You, the User, are solely responsible for the way anyone you have authorized to use the Subscription Services and for ensuring that all of such Users comply with all of the terms and conditions of this Agreement. Any violation of the terms and/or conditions of this Agreement by any such User shall be deemed to be a violation thereof by you.
3.10. You agree that any registration information you give to MedPik Plus will always be true, accurate, correct, complete and up to date, to the best of our knowledge. Any phone number used to register with the Subscription Services be registered in your name and you might be asked to provide supporting documents to prove the same.
3.11. You agree that you will not use the Subscription Services provided by MedPik Plus for any unauthorized and unlawful purpose. You will not impersonate another person, including, without limitation, a Practitioner, a Practice or User.
3.13. You agree not to access (or attempt to access) any of the Subscription Services by any means other than through the interface that is provided by MedPik Plus, unless you have been specifically allowed to do so in a separate agreement with MedPik Plus.
3.14. You agree that you will not engage in any activity that interferes with or disrupts the Subscription Services (or the servers and networks which are connected to the Subscription Services).
3.15. You agree that you will not reproduce, duplicate, copy, transfer, license, rent, sell, trade or resell the Software or any other Subscription Services for any purpose whatsoever.
3.17. You shall indemnify MedPik Plus for any claims, losses or damages, or for the costs of any regulatory or court proceedings suffered by MedPik Plus as a result of your breach under any applicable law.
3.18. You expressly acknowledge and agree that your use of the Subscription Services is at your sole risk and that the Subscription Services are provided "as is" and "as available”.
3.19. You agree that you will not make any unsolicited calls or use any information displayed on the MedPik Plus, an online platform? to breach any applicable rules and guidelines related to unsolicited commercial communications, including but not limited to regulations & guidelines such as TRAI guidelines for telemarketers, or otherwise violate applicable law while using the Subscription Services.
3.20. You agree that this Agreement and the Subscription Services of MedPik Plus are subject to any modification, or may be removed by MedPik Plus, as a result of change in government regulations, policies and local laws as applicable.
3.21. You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any login you use to access the Software.
3.22. Your use of each Subscription Service confers upon you only the rights and obligations relating to such Subscription Service, and not to any other Subscription Service or service that may be provided by MedPik Plus.