“Merchant(s)” shall mean medical device manufacturing, pharmaceutical companies and such other entities that are enrolled with the Platform for offering their Products or Services to the Users of the Platform.

“Meditorch Technologies”; “us”; “we”; “our” shall mean a company registered under the Companies Act, 1956, having its office at 91 Springboard Business Hub, Plot no. D-5 , Road no. 20, Marol MIDC, Andheri East, Mumbai: 400093.

“Mentor” shall mean persons who confirm themselves to be experts in a particular area of medical field listed on the Platform who will be undertaking advisory assistance role for any other User(s).

“Platform” shall mean the Platform being Used by You which may comprise of these portals namely LapGuru, OrthoGuru, ENTGuru, HospitalBuy and MedicoLegal and any other additional portals, all sub-domains, webpages appearing, appended, available thereto owned, operated and managed by us and mobile application, if applicable.

“Faculty(s)” shall mean medical professionals who confirm their designation and qualification as designated experts in specific medical field who are involved in teaching activity in distance learning course of the Platform.

“Product(s)” shall mean surgical equipment and other medical related products required by hospitals, clinics, medical practitioners and offered by the Platform from time to time.

“Register” shall mean registering to the Platform to buy Products and avail Services as provided from time to time.

“Service(s)” shall mean various services offered through variety of mediums including but not limited educational videos of various medical specialities, online/distant learning as well as offline webinars, workshops etc.

“Use” or “Using” means to access, view, download, upload, or any other legal use or otherwise benefit from using the Platform as a User.

“User(s)” means any person who is using the Platform and represents himself/ herself to be a person specifically from medical fraternity which includes a student from any medical field, professional doctor, surgeon, Mentor, Faculty who accesses or uses Platform for imparting or receiving training, educational, knowledge or for the purpose of purchasing Products/Services available on the Platform or offering Products or Services for sale or any pharma/MedTech company or individuals who intend to use the Platform for promoting or selling their Products/Services.

“User’s Content” means any content, including any text, data, information, photos, video, blogs or other material, that you may upload, transmit or store or any other material provided by the Merchant as a product description which is being uploaded using the functionality of the Platform.

“You” or “Your” or “Yourself” refers to the Users or viewers of this Platform.

As a guest, any viewer can navigate and browse through the Platform. However, in order to Use the Platform, viewers must register on the Platform as a User. Registration can also be done through log in credentials on Facebook or any other mode as prescribed by the Platform from time to time. In case You login through Facebook, or any other such social media service provider, You authorise the platform to obtain and verify Your credentials with such service provider. You may be required to mention Your true and genuine personal information including but not limited to age, educational qualification, expertise or area of practice in a particular medical field if applicable, years of experience in the medical field while registering Yourself on the Platform. You agree that at the time of registration, the information provided by You shall always be true, accurate, correct and complete.

You shall be responsible for maintaining the confidentiality of Your account and password and You agree to accept responsibility for all activities that occur under Your account. You can change Your profile information and any other details that You have shared with the Platform and You shall promptly update the email address listed in connection with Your account to keep it accurate so that we can contact You. You shall provide any additional information as required by the Platform from time-to-time. We also reserve the right to refuse registration or delete accounts at our sole discretion. You must not set up an account on behalf of another individual or entity unless You are authorized to do so. You agree to abide by all applicable laws and regulations and are solely responsible for all acts or omissions committed by You.

(i) Educational Hub

1. LapGuru, OrthoGuru, ENTGuru, HospitalBuy and MedicoLegal guru portals facilitate live streaming of laparoscopic, orthopedic, ENT and other operations through this Platform. Platform may introduce additional features through other portals from time to time.
2. Platform arranges and hosts various educational videos pertaining to medical specialities as well as webinars free and paid for the Users.
3. Through this Platform, Mentors on Platform may render advisory assistance role in any of the above-mentioned operations if demanded by any of the Users and accepted by the Mentor. The Mentor may require You to produce and furnish any specific consent or medical records and may impose conditions as deemed fit by such Mentor for rendering such assistance. You have right to choose specific Mentor as available on Platform for providing advisory assistance during surgery. You understand that your act of obtaining advisory assistance is completely at your own volition, at your cost and you shall take all the necessary actions and precautions. Platform shall only facilitate your interaction with your Mentors and such facilitation shall be subject to all the disclaimers contained herein, including but not limited to technical failures, internet issues and any other events beyond the control of the Platform.
4. The medical information available and transmitted through this Platform is facilitated only as an information resource and solely provided by the concerned Mentors and Faculty, and may be used or relied on for any diagnostic or treatment purposes only if the User is convinced of the utility, correctness and genuineness of such information. This information is offered by such Faculty and Mentors as solely deemed fit by them. This facilitation does not create any doctor-patient relationship with the Platform, and should not be used as a substitute for professional diagnosis and treatment. In case you Use the Platform to learn from the Mentors, You confirm your acceptance to the Terms and conditions provided in Annexure A.
5. In case you Use the Platform, as a Mentor, You confirm adherence to the terms and conditions mentioned in Annexure C hereinbelow.

(ii) Distance Learning Course
This Platform offers specifically 3-phase distance learning course with a Pre-Course Phase, Hands-on phase and a Post-Course Phase. Faculty appointed by the Platform will be conducting these courses. Brief description for these courses is provided below:

1. Pre- Course Phase goals or aims of this phase are –
   1. It Imparts basic concepts of the subject and ensures readiness of the User for the hands-on phase which is the next phase.
   2. It Builds confidence in the User to do this distance learning course to get the proficiency in particular subject.
2. Hands-on phase may be conducted online or physically at a training center and will be at the discretion of the faculty.
3. The Post-Course phase consists of features such as skill evaluation and remote tele-mentoring. The skill evaluation feature will help Users to get an objective evaluation of his/her skills once evaluated by the faculty. For this, Users will require to upload a video as per instructions from the faculty. This video will be evaluated by the faculty and an objective assessment of the same will be shared with the respective User.
4. In the remote tele-mentoring phase, the Users will have the option to take help from the Faculty/Mentor during a live surgery as per the terms and conditions contained herein including conditions mentioned above in clause 3(i). This will be a virtual (remote) tele-mentoring session wherein the Faculty/Mentor will guide the User during live surgery.] Inspite of Mentor’s services, User acknowledges that it is his/her responsibility to perform surgery and any consequences arising out of such advice given by Mentor.
5. In case you Use the Platform with respect to Distance Learning course then You confirm your acceptance to the terms and conditions as provided in Annexure A.

(iii) E – commerce Marketplace

1. The Platform offers for sale certain medical Products required by the hospitals, clinics or medical practitioners specifically. Platform may also upload educational videos for certain Products.
2. b) Before actual purchase of the Products or Services, You shall –
   • ensure that, You understand all information and fill in correct data about Product before ordering through the Platform.
3. You understand, accept and confirm the terms and conditions in Annexure B hereinbelow for purchase of any Products available on the Platform.

(i) Use of Platform is subject to these Terms of Use, and any other policies and conditions that may be notified on the Platform.

(ii) You understand and acknowledge that:

• you should Access the Platform as a User only if you are a major, legally capable of entering into a legal contract, have understood and voluntarily accepted Terms.

• use of this Platform is restricted to professionals from the medical or healthcare domain and medical students only and if you Use the Platform, you truly and absolutely confirm Yourself to be belonging to the medical fraternity.

• it is Your responsibility to read and understand all information about each Products or Services before You order such Products or avail Services.

• Platform reserves the right to store, evaluate, analyse, verify, and authenticate the personal information and data provided by the Users. In case it appears to the knowledge of evaluation team of the Platform that personal information provided by a particular User is incorrect or inaccurate or he/she is neither a professional from the medical or healthcare domain nor medical student then evaluation team can forthwith terminate the particular User Account without any prior notice.

• prices of the Products and Services are subject to change without notice.

• Platform makes no specific warranty regarding Products and/or Services are suitable for any specific cases.

• Platform is not liable for the correctness, quality, completeness, reliability, nature or kind of information and content on its website or third party websites that are linked to from or mentioned on the Platform. Content does not reflect Platform’s opinion and are not reviewed and controlled by the Platform. No Liability claims against Platform which arise from physical or damage caused by the use or non-use of the offered information or through the use of erroneous and incomplete information exist and such liability is excluded.

• Platform reserves the right to control certain content at random and to suspend it from the public. It is therefore Your responsibility that the educational content as well as other content posted by You on the Platform is not violating the law, general terms and conditions of use or other binding regulations. In addition, You are not allowed to link to content of third parties or to other content that violates the law or terms and conditions of use.

• content offered on Platform, regardless of whether it is User content or educational content, is only to be used by registered Users for their own purpose according to the contractual agreements. A download by the User otherwise than as provided by the Platform is illegal, no matter for what purpose. If content is available for download, the download is only allowed consistent with the communicated terms and conditions and is not allowed to be copied, used beyond the scope of this terms of use or assigned to third parties. The right to download does not imply a transfer or grant of intellectual property rights; all rights not expressly granted to the User remain solely reserved by the Platform.

(iii) You may order Products and avail Services available on the Platform for genuine and fair use.

(iv) Platform retains the right to change the Terms from time to time and such modified Terms shall be immediately applicable. Every time You use the Platform, shall constitute your acceptance of changes made to Terms.

(v) In case of any wrong information or data is provided, You may not receive appropriate Products or Services.

(i) User understands and acknowledges that the medical operation related video is personal information or data or video received from third party with prior written consents and approvals.

(ii) Users understand, acknowledge and agree that although the Platform provides appropriate firewalls and protections, the Platform is not hack proof. Data pilferage due to unauthorized hacking, virus attacks, technical issues is possible.

(iii) In case we are required to disclose your personal information in order to assist Government Authority or in adherence to a Court Order or to protect the interest of the Platform and/or any particular User(s), we will disclose it without obtaining prior permission from you. You authorize us to disclose your personal information.

Any complaints regarding Products and/or Services will be resolved through email between You and the Platform as the case may be. You shall email us on _support@hospitalbuy.live_ in order to register your complaint. In case You notice any Content which is inappropriate, offensive, indecent or objectionable with respect to religious values, caste, culture, nationality, beliefs You shall email us on the provided email id.

Platform reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Products and Services (or any part thereof) available on the Platform with or without notice. Further, the Platform reserves the right to change these Terms of Use at any time. Platform will provide a notification or pop up in case of any changes in Terms of Use and any other Policy. You are responsible to regularly review the Terms of Use. Continued use of the Platform after any such changes shall constitute Your consent to be bound by such changes. Your only right with respect to any dissatisfaction with these Terms of Use; any Policy or practice of ours in operating the Platform or any Content available through the Platform, is to exercise discontinuation of usage of Platform.

The User has procured a written permission from the patients for recording, streaming of surgery performed on the patient. Platform does not claim any ownership on User’s Content (“the Content”). The Platform at sole discretion has right to display fully or partially or not to display the Content. User confirms that the content consists video depicting performance of surgery but if not, possesses necessary rights, permissions and licenses to display the Content on the Platform. User acknowledges that Platform retains the right to delete such Content without any notice or explanation.

We follow ethical business practices and intend to provide the content which is authorised, relevant, applicable that does not infringe any third party’s rights or is not against the society values or public at large or not against democracy or sovereignty of India. You acknowledge that Platform does not make any representations or provide any warranties about the material, data, and information, such as data files, text, facts and figures, computer software, code, audio files or other sounds, photographs, videos, or other images that is provided by any content provider (collectively, the “Content”) which You may have access to as part of listing of the Platform, or through Your use of this Platform.
User shall not upload, transmit any data, content, video which is pornographic, malicious, defamatory, or violative of privacy rights, or leading to discrimination on sex, religion, colour, race, nationality or any other socially undesirable in nature, or violating statutory obligations and laws of any country. User agrees to upload, transmit videos on the Platform only after excluding visuals or procedure:

• that may reveal identity of patient

• that may infringe on privacy of patient in whatsoever manner
Under no circumstances, Platform is liable in any way for any Content, including, but not limited to any infringing Content, any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, linked from, or otherwise accessible through or made available via Platform. You understand that by using this Platform, You may come across Content that You may consider inappropriate, dangerous, offensive, indecent, or objectionable due to religious values, culture, caste, nationality, beliefs or due to any other reason. In case You notice any objectionable Content, You shall register Your complaint on _support@hospitalbuy.live_. After registering the complaint, Platform may take appropriate legal actions against such incidence including removal of such Content.

Platform has granted You the right to upload, comment, rate, review and provide feedback on the content. We reserve the right to screen, refuse to post, remove or edit Your Content at any time and for any or no reason in our absolute and sole discretion without prior notice, although we have no duty to do so or to monitor any public forum. If we elect to screen Your Content, there may be a delay in posting of such content on a public forum to allow for a review process. If we have questions about Your Content including, without limitation, the copyright, we may contact You for further information including, for example, to verify that You own the copyright or otherwise obtain necessary permission to post the material.

You shall not provide any reviews and feedbacks which are malicious, derogatory or defamatory in nature. If You are pursued by third parties due to an infringement which occurred on Platform, You have to inform the Platform immediately and make all information available to the Platform that is necessary for the assessment of claims and preparation for an eventual defence.

You understand and acknowledge that through posting content on the Platform, You grant Platform a non-exclusive and geographically unlimited, free of charge, sub-licensable and transferable license for duplicating, editing, publishing, publicly broadcasting or publicly making available and distributing the educational content provided by You on the Platform. This license includes the right to use the content in the context of rendering similar Services that are connected to or in a contractual relationship with the Platform. On request, Platform shall remove any educational content provided by You on the Platform, if possible. Your request must contain your name, your e-mail address as well as a concrete description of what content is to be removed and must be sent to _support@hospitalbuy.live_. Rights which have been granted to third parties before removal will not be affected by this.

This Platform may contain links to other platforms owned and operated by third parties who are not related to the Platform (“Linked Platforms”). The Linked Platforms are not under the control of Platform and Platform is not responsible for the content of any Linked Platforms or any hyperlink contained in a Linked Platform and makes no representation or warranty with respect to the content of any such third-party sites.
Platform provides these links to You for convenience only and the inclusion of any link does not imply any endorsement of the Linked Platforms by Platform. Your link to any such Linked Platforms is entirely at Your own risk. Platform is not a party to any transaction between You and a Linked Platforms. Your use of a Linked Platform is subject to the terms and conditions of that site.

The Platform may also contain third party advertisements, if any. The display of such advertisements does not in any way imply an endorsement or recommendation of the relevant advertiser, its products or services unless specifically mentioned by Platform. You are referred to the relevant advertiser for all information regarding the advertisement and its products or services. Platform accepts no responsibility for any interaction between You and the relevant third party and is released from any liability arising out of or in any way connected with such interaction.

You may get access to message boards, live chat rooms, emails, and other feature (“Ancillary Services”) that are offered from time to time on the Platform and may be operated by us or by a third party on our behalf. As elaborated in Ownership of Intellectual Property Rights, Platform shall not be responsible for any copyright infringement for the blogs written on the Platform. You shall not use these Ancillary Services to perform any illegal activities (including without limitation legal rights, such as rights if privacy of others) or immoral activities, falsely stating or otherwise misrepresenting Your affiliation with a person or entity. The Platform reserve the right to remove any live chats, comments or information provided by you if the Platform considers this inappropriate.

You agree not to engage in any of the following activities:

Violating laws and rights:

You shall not (a) use the Platform for any illegal purpose or in violation of any local, state, national, or international laws, (b) violate or encourage others to violate any right of or obligation to a third party, including but not limited to, by infringing, misappropriating, or violating intellectual property, confidentiality, or privacy rights.

Solicitation:

You shall not use the Platform, or any information provided through the Platform for the transmission of advertising or promotional materials, including junk mail, spam, chain letters, or any other form of unsolicited or unwelcome solicitation.

Disruption:

You shall not use the Platform in any manner that could disable, overburden, damage, or impair the Platform, or interfere with any other party’s use and enjoyment of the Platform; including by (a) uploading or otherwise disseminating any virus, adware, spyware, worm or other malicious code, or (b) interfering with or disrupting any network, equipment, or server connected to or used to provide any of the Products or Services on the Platform, or violating any regulation, policy, or procedure of any network, equipment, or server.

Harming others:

You shall not share or transmit Content or details that are harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false or misleading, or incites an illegal act. You shall not intimidate or harass another through the Platforms; and, You may not post or transmit any personally identifiable information about persons without obtaining such person’s express permission to so through the Platform.

 

Impersonation or unauthorized access:

You shall not impersonate another person or entity or misrepresent Your affiliation with a person or entity when using the Platform. You shall not use or attempt to use another’s account or personal information; and, You shall not attempt to gain unauthorized access to the Platform, or the computer systems or networks connected to the Platform, through hacking password mining or any other means.