Terms Of Use

You represent and warrant that you are: (i) competent and eligible to enter into a legally binding agreement under the laws applicable to you; (ii) competent and eligible to avail of the Services that you sign up for; and (iii) not otherwise barred from using the Platform or availing of the Services under any law, decree or order.

In order to access or view certain content on the Platform, you may be required to enroll or register with us. You represent and warrant that all information submitted for such enrolment or registration is true and correct and in case of any falsity therein, we will forthwith bar your access to the Platform.

In order to use the Platform, you are required to have a compatible personal computer or handheld device (“ Device”) with internet connectivity. Additional system requirements, if any, will be communicated through the Platform. Further, in the event you are accessing the Services through our mobile application, it may require timely updates from time to time. Since the availing of the Services involves requirements of hardware and software, and active and uninterrupted internet access, the User’s ability to access and avail of these Services may be affected by the abovementioned factors. You hereby acknowledge and agree that such system requirements, which may be changed from time to time in order to accommodate the smooth functioning of the Platform, is solely the User’s responsibility.

Omnicuris has engaged with various content providers, including but not limited to, professionals, institutes, specialists, etc. (“Author(s)”) who will offer programs, courses, etc. on the Platform (“ Program”) to Users.

Omnicuris shall make available the Platform to the Author and deliver the Programs developed by the Author to Users registered on the Platform.

Each Author will, from time to time, develop Programs by engaging qualified personnel for creating content therefor (“ Program Content”). The Program Content may be modified and updated by the Author, at its discretion, in accordance with the requirements of the Programs.

Depending on the Program that the User signs up for, there may be additional requirements mandated by the Author that need to be fulfilled by the User.

Omnicuris and/or its licensors, if any, have the worldwide ownership of the underlying software and source code associated with the Platform and all the trademarks, copyrights and any other intellectual property rights of any nature in the Platform.

The Program Content, including without limitation, articles, videos, data, images, graphics, text, trademarks, tradenames, and any assignments submitted by you in relation thereto, constitute the concerned Author’s intellectual property. Omnicuris reserves the right to suspend, disable, or terminate the accounts of Users who repeatedly infringe or are repeatedly charged with infringing the copyrights, trademarks, or other intellectual property rights of others.

The use of the Platform and the Program Content is licensed, and not sold, to you. This license does not give you any right to resell the Program Content in any manner (including by sharing Account information with anyone else, or illegally downloading the Program Content or sharing it anyone else or through any other media).

The Platform and the Program Content are protected by the copyright laws in all applicable jurisdictions.

The Platform’s registration process can be completed by providing your valid email ID, your medical registration number and/or such other methods as prescribed in the login window of the Platform, from time to time. You will receive a password and account designation (“Account”) upon: (a) completing the Platform's registration process; and (b) our verification of the information submitted by you at the time of registration. You shall be: (i) responsible for maintaining the confidentiality of your Account and the password; and (ii) fully responsible for all activities that occur under your Account. You agree to: (a) immediately notify us of any unauthorized use of your Account or any other breach of security; (b) ensure that you logout from your Account at the end of each session; (c) not permit any other person to access the Platform through your Account; and (d) not access or view the relevant Program Content beyond limits, if any, prescribed therein. We cannot and will not be liable for any loss or damage arising from your failure to comply with this Clause 5.1.

Any and all professional registrations, certifications and records (or reference thereto) uploaded into a User’s Account (“ User Records”) shall, at all times, belong to the concerned User. Omnicuris shall make all reasonable efforts to ensure that your information is kept confidential; however, Omnicuris may share such details with the Author in connection with the Programs. Sensitive personal information, if any, contained in the User Records shall be treated as ‘confidential’ by Omnicuris. Omnicuris may use the User Records for the purpose of giving effect to the features, functionalities and/or benefits associated with the utilization of the Platform and accessibility to the Program, and to further its usability. Further, the User Records may be shared with relevant authorities to comply with law or respond to lawful requests or legal processes. In addition, at our sole discretion, any suspected fraudulent, abusive, or illegal activity by you may be referred to law enforcement authorities.

We use appropriate technical and organizational measures to protect your personally identifiable information. The measures we use are designed to provide a level of security appropriate to the risk of processing such information and in adherence to applicable data protection laws.

Through the Platform, Omnicuris primarily enables the Users to access the Programs. The assertions and opinions expressed in the Programs reflect the views of the concerned Author of the relevant Program, and do not reflect the views of Omnicuris or are in any manner endorsed by Omnicuris. Omnicuris is in no way whatsoever responsible for such Program Content nor for any liability that may arise from such Program Content. All Program Content featured on the Platform are provided by the concerned Author and made available by Omnicuris ‘as is’ on its Platform.

Omnicuris may update the Platform and from time to time in order to, inter alia, increase its efficiency, optimize user interface and add new features and/or facilities. Omnicuris reserves the right to modify the Platform from time to time, at its discretion and limit access to some or all of the Program Content.

Your registration and usage of the Platform will necessitate you to provide to us certain personal information, which shall be collected and maintained as per the terms laid down in our privacy policy available at [ ●] (“ Privacy Policy”).

You may be directed to third party applications or websites from the Platform that may display the Omnicuris trademarks. These applications or websites are available for your convenience and are intended only to enable access to these third-party applications or websites and for no other purpose. Omnicuris does not provide any warranties whatsoever and shall be not liable for any damage or loss caused or alleged to be caused by or in connection with such use or access of any such third-party sites, or your reliance on the privacy practices, data security processes or other policies and processes of such third parties.

You may not be able to access or use the Platform during (a) planned downtime for upgrades and maintenance to the Platform (of which we will use commercially reasonable efforts to notify you in advance (“ Planned Downtime”), or (b) during any unavailability caused by circumstances beyond our reasonable control, such as, any events of force majeure. We will use commercially reasonable efforts to schedule Planned Downtime for weekends (Indian Standard Time zone) and other off-peak hours.

IN THE EVENT YOU HAVE ANY COMPLAINT AGAINST THE PROGRAM CONTENT (OR ANY PORTION THEREOF), INCLUDING THAT THE CONTENTS THEREIN ARE INCORRECT OR BREACH THE RIGHTS OF A THIRD PARTY, OMNICURIS SHALL TAKE ALL COMMERCIALLY REASONABLE MEASURES TO ADDRESS THE SAME. HOWEVER, OMNICURIS’ SOLE OBLIGATION IN THIS REGARD SHALL BE TO REMOVE SUCH PROGRAM CONTENT FROM THE PLATFORM, AND THE USER SHALL HAVE NO FURTHER CAUSE OF ACTION AGAINST OMNICURIS.

Certifications

In case of the User opting for a Program and upon due completion of the Program on the Platform, followed by the Author confirming the same, the User may be granted a fellowship and/or certificate, if applicable.

Upon: (a) due completion of a Program offered on the Platform that entails the grant of a certificate with credit points and/or a fellowship; and (b) Omnicuris confirming the same; the following steps shall take place:

A certificate of course completion ("Completion Certificate"), wherever applicable will be provided to the concerned user registered with the relevant regulatory authorities in his/her jurisdiction; and

A confirmation of the course completion along with the User’s registration information shall be shared with the relevant regulatory authorities in his/her jurisdiction.

Credits

Following the events provided above, the User may approach the concerned jurisdictional regulatory authority, which shall, at its sole discretion, grant the User eligibility to avail credit points towards the CME requirements that may be in force at the time.

The User shall address all queries in connection with the grant of fellowship and/or certificate to the Author providing the Programs.

The User acknowledges and agrees that he/she shall not modify or in any way whatsoever, alter any detail(s) on the Completion Certificate. In the event, the User seeks to rectify or modify any detail or part of the Completion Certificate, he/she shall contact Omnicuris, whose decision on the same shall be final and binding upon the User.

The User acknowledges and agrees that in the event any dispute arises out of the events mentioned above, Omnicuris’ decision shall be final and binding upon the User.

We may use third-party service providers for rendering any of the Services without seeking further consent from you.

We will not be responsible for any exchange of data between you and any such third-party provider. We do not warrant or support third-party applications, products or services, whether or not they are designated by us as “certified” or otherwise.

Accepting these Terms of Use implies your express consent to be contacted by us, the Authors, our agents, representatives, affiliates, or anyone calling on our behalf at any contact number, or physical or electronic address provided by you while registering your Account. You further agree to us contacting you in any manner, including without limitation, SMS, calls using prerecorded messages or artificial voice, calls and messages delivered using auto-telephone dialing system or an automated texting system, and notifications sent via the Platform. Automated messages may be played when the telephone is answered, whether by you or someone else.

You certify, warrant, and represent that the telephone numbers and/or email addresses that you have provided to us are your numbers and not someone else's. You represent that you are permitted to receive calls or SMS at each of the telephone numbers you have provided to us and emails at each of the email addresses you have provided us. You agree to alert us whenever you stop using a particular telephone number(s) and/or email address(es).

In consideration of Omnicuris granting you the limited right to access the Platform, you hereby agree not to use the Platform for any purpose that is unlawful under any applicable laws and/or in violation of these Terms of Use and our Privacy Policy. You shall not use the Platform in any manner that could damage, disable, overburden, or impair any Omnicuris server, any network(s) connected to any Omnicuris server, or interfere with any other party's use and enjoyment of the Platform. You shall not attempt to gain unauthorized access to any functions and features, other User accounts, computer systems or networks connected to any Omnicuris server, in any manner, including, through hacking, password mining or any other unlawful means. You shall not obtain or attempt to obtain any materials or information through any means which is not intentionally made available through the Platform.

You shall not use the Platform to upload, modify, store, update or share any information that (including without limitation) (i) belongs to another person and to which the User does not have any right; (ii) is defamatory, obscene, pornographic, pedophilic, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libelous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force; (iii) is harmful to any child; (iv) infringes any patent, trademark, copyright or other proprietary rights; (v) violates any law for the time being in force; (vi) deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact; (vii) impersonates another person; (viii) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order, or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting other nation; (ix) contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource; and/or (x) is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person.

The Platform is made available to you for your own educational use alone. You shall not, directly or indirectly through third parties: (i) make and/or distribute copies of the Platform and/or the Program Content; (ii) attempt to copy, reproduce, alter or modify the Platform and/or the Program Content, and/or reverse engineer the Platform; and/or (iii) create derivative works of the Platform and/or the Program Content.

The User acknowledges that he/she shall be solely responsible for procuring appropriate and secure internet connectivity to enable him/her to access and use the Platform.

You accept that any and all operations emanating from your personal computer or Device shall be assumed to have been initiated by you.

You shall request Omnicuris to disable the Account and change the password immediately for the Account, if your personal computer or Device has been lost or stolen.

You are responsible for any and all activities that occur in your Account. You agree to notify Omnicuris immediately in the event of an unauthorized use of the Account or any other form of security breach. Omnicuris shall not be liable for any loss to you or your organization owing to negligent actions or a failure on your part to inform Omnicuris, within a reasonable time, about loss or theft of your personal computer or Device and/or any unauthorized access in your Account, either with or without your knowledge.

You shall be liable for losses incurred by Omnicuris and/or the Author, or any other party due to a third party’s use of your Account.

Any and all information, including without limitation, your registration information and records that are set out in any fellowship and/or certificate issued to you is purely based on the documents/information submitted or legally procured from you.

You shall ensure that, while using the functions and features of the Platform, all applicable laws, rules and regulations shall, at all times, be strictly complied with by you. Omnicuris shall not be liable in any manner whatsoever for default of any nature by you.

Omnicuris has the right to investigate and prosecute violations of these Terms of Use to the fullest extent of the law and may involve and cooperate with law enforcement authorities in prosecuting Users who violate these terms and conditions.

While Omnicuris does not have any obligation to monitor your access to or your use of the Services (or any feature or part of the Services), Omnicuris has the right to do so for the purpose of operating the Platform and providing the Services, to ensure your compliance with these Terms of Use, or to comply with applicable law.

Upon the receipt of a complaint from a User, Omnicuris has the right but not an obligation to pre-screen, review, flag, filter, modify, refuse or remove any or all content from any Service.

In the event you delete your User account on the Platform, Omnicuris will delete all such data as are required to be deleted as per applicable laws.

Our performance as per these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of our obligation to comply with governmental, court and law enforcement requests or requirements relating to your use of this Platform, Services, features and facilities or information provided to or gathered by us with respect to such use.

The rating information presented on the Platform is collected by Omnicuris from Users of the Platform. It does not imply any endorsement by us and represents only the views of the Users rating the Programs provided by the Authors.

Omnicuris makes no representations or warranties as to the accuracy or completeness of the rating information provided. The rating information is offered for informational purposes only. Your use or reliance on such information is at your own risk, and you are solely responsible for any action or outcome arising from your use of or reliance on such rating information.

The Platform may include advertisements for, and links to, other websites or resources and businesses operated by other persons (“Linked Sites”). The Linked Sites are not under the control of Omnicuris and Omnicuris has no responsibility or liability for any Linked Site, its contents, business, products, and services, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.

Links to the Linked Sites are provided solely for your convenience and the inclusion of any link does not imply endorsement by Omnicuris of any Linked Sites or their content or the products or services available through the Linked Sites or any association with its operators. Your use of the Linked Sites and your dealings with the owners or operators of the Linked Sites is at your own risk and any concerns regarding any such service or resource, or any link thereto, should be directed to that particular service or resource. You shall not make any claim against Omnicuris arising out of or in connection with your use of the Linked Sites or your dealings with the owners or operators of any of the Linked Sites.

You agree to defend, indemnify and hold harmless Omnicuris and/or the Authors, its employees, agents, officers, directors, subcontractors, licensors and/or content providers from and against any and all claims, damages, costs and expenses (including reasonable attorneys' fees), arising from or related to your download, access and/or use of the Platform or the Programs in violation of these Terms of Use.

IN NO EVENT SHALL OMNICURIS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER ARISING, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF OMNICURIS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, ON ACCOUNT OF, INCLUDING WITHOUT LIMITATION: (I) YOUR USE OF THE PLATFORM; (II) YOUR RELIANCE ON ANY PROGRAM CONTENT AND USE OR PERFORMANCE OF THE PLATFORM’S FUNCTIONS AND FEATURES; (III) INTERRUPTIONS OR DELAY IN THE USE OF THE PLATFORM; AND/OR (IV) NON-PROVISION OF REQUISITE FELLOWSHIP AND/OR CERTIFICATE BY THE AUTHOR UPON SUCCESSFUL COMPLETION OF THE PROGRAM.

OMNICURIS DOES NOT WARRANT THAT THE PLATFORM OR THE AVAILABILITY OF THE PROGRAM CONTENT WILL BE FREE OF INTERRUPTIONS, ERRORS, BUGS, VIRUSES, OR SECURITY PROBLEMS, OR THAT THE PLATFORM OR THE PROGRAM CONTENT WILL MEET THE USER’S REQUIREMENTS. THE PLATFORM AND THE PROGRAM CONTENT ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS AND OMNICURIS SPECIFICALLY DISCLAIMS ALL WARRANTIES AND INDEMNITIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY WITH RESPECT TO THE PROGRAM CONTENT, ITS ACCURACY, CORRECTNESS, RELIABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY ARISING FROM THE COURSE OF PERFORMANCE OR COURSE OF DEALING.

IN LIGHT OF THE ABOVE, OMNICURIS HEREBY CLARIFIES THAT OMNICURIS MAKES NO WARRANTY AS TO ANY INFORMATION ON THE PLATFORM THAT IS NOT AUTHORED BY OMNICURIS.

OMNICURIS HEREBY CLARIFIES THAT IT HAS THE FULL POWER AND AUTHORITY TO REMOVE ANY CONTENT FROM THE PLATFORM AT ANY POINT IN TIME WITHOUT INTIMATING THE USER OF THE SAME.

OMNICURIS HEREBY CLARIFIES THAT CONTENT NOT AUTHORED BY OMNICURIS SHALL: (I) NOT BE MODERATED OR CHECKED BY OMNICURIS; (II) BE SUSCEPTIBLE TO BEING PULLED DOWN AT ANY POINT OF TIME; AND (III) NOT CARRY ANY GUARANTEE OF FITNESS AND/OR UNHINDERED ACCESS, AND MAY BE STOPPED AT ANY POINT OF TIME.

IN THE EVENT OF THE USER FINDING ANY CONTENT AS INAPPROPRIATE, DEFAMATORY, LEWD, OR OTHERWISE OBJECTIONABLE, THE USER MAY BRING THE SAME TO THE NOTICE OF OMNICURIS BY WRITING TO THE GRIEVANCE OFFICER.

IN THE EVENT OF A PART OF ANY PROGRAM CONTENT BEING REMOVED, THE REMAINDER OF THE CONTENT FORMING A PART OF THE PROGRAM CONTENT SHALL REMAIN ON THE PLATFORM.

OMNICURIS SHALL NOT BE LIABLE FOR THE LOSS AND/OR DAMAGE OF THE CONFIDENTIAL INFORMATION OR DATA OF THE USER ARISING AS A RESULT OF AN EVENT OR A SERIES OF RELATED EVENTS, THAT IS BEYOND THE CONTROL OF OMNICURIS, INCLUDING FAILURES OF OR PROBLEMS WITH THE INTERNET OR PART OF THE INTERNET, ATTEMPTED HACKER ATTACKS, HACKER ATTACKS, DENIAL OF SERVICE ATTACKS AND/OR VIRUSES OR OTHER MALICIOUS SOFTWARE ATTACKS OR INFECTIONS.

IT IS HEREBY CLARIFIED THAT OMNICURIS IS ONLY A PLATFORM FACILITATING THE PROVISION OF PROGRAMS TO YOU. ACCORDINGLY, YOU ARE EXPECTED TO: (A) EXERCISE DUE CARE AND DILIGENCE WHILE USING THE PLATFORM AND AVAILING OF THE PROGRAMS; AND (B) USE YOUR PROFESSIONAL DISCRETION WHILE ENROLLING FOR THE PROGRAM AND UTILIZING ANY OF THE PROGRAM CONTENT. OMNICURIS SHALL NOT BE RESPONSIBLE FOR THE ACCURACY, CORRECTNESS OR RELIABILITY OF THE PROGRAM CONTENT. IN THE EVENT OF ANY CLAIMS ARISING ON ACCOUNT THEREOF, THE SOLE REMEDY SHALL BE AGAINST THE CONCERNED AUTHOR AND NOT OMNICURIS. FURTHER, WE SHALL NOT BE LIABLE TO MEDIATE OR GET INVOLVED IN AND RESOLVE ANY DISPUTES OR DISAGREEMENTS BETWEEN A USER AND SUCH AUTHOR.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT OMNICURIS WILL NOT BE LIABLE, IN ANY MANNER WHATSOEVER, FOR CLAIMS PERTAINING TO THE PROGRAM CONTENT, INCLUDING, WITHOUT LIMITATION: (A) QUALITY, AUTHENTICITY AND AVAILABILITY OF THE PROGRAM CONTENT; AND/OR (B) MISCOMMUNICATION ON ACCOUNT OF UNFORESEEN NETWORK/SERVER ISSUES.

You may de-register from any Program or delete your Account, with or without cause, by following the process prescribed on the Platform. Omnicuris reserves the right to terminate and/or suspend your Account immediately, without notice, if you breach these Terms of Use.

Upon termination for any reason,

Omnicuris will not be in default if the Platform, and/or Program Content are not available for Users or if it is unable to fulfil any provisions set forth hereunder due to supervening conditions beyond its reasonable control, including without limitation, acts of God, acts of third parties (including content providers), civil commotion, strikes, labour disputes, internet service interruptions or slowdowns, vandalism or hacker attacks, or governmental demands or requirements.

In case any of the provisions in these Terms of Use are invalidated or held to be unenforceable under applicable law or regulations, the rest of the terms shall be applicable and binding to the maximum extent permitted under law.

These Terms of Use shall be governed by the laws of India. The courts in Bengaluru, India shall have exclusive jurisdiction with respect to any dispute arising out of or in connection with these Terms of Use or related to your access or use of the Platform, and/or Program Content.

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