HXPLAIN DIGITAL HEALTH TECHNOLOGY SOLUTIONS PRIVATE LIMITED 

TERMS OF USE 

I. SCOPE

HXPLAIN DIGITAL HEALTH TECHNOLOGY SOLUTIONS PRIVATE LIMITED (“Hxplain”/ “We”/ “Us”/ “Our”) is engaged in the provisions of offering courses in skill development, training and specialist courses to healthcare professionals for the purpose of continuing their professional education through the Hxplain website [www.hxplain.co], mobile application (“Services”).

This term of use (“Terms”) governs the use of our Platform and/or the web application/mobile apps (this shall collectively be referred to as “Platform”) by (i) Medical Professionals (ii) Healthcare Associates (iii) Teaching Institutions (iv) and/or Hospitals and/or its employees, associates, representatives, affiliates whether on a part-time, full-time or contract basis (“Personnel”) (v) contributors of content to the Platform, wherein “Content” includes without limitation the text, software, scripts, graphics, photos, sounds, videos, audiovisual combinations, interactive features and other materials available on the Platform (jointly and severally referred to as “You” or “User”).

THIS TERMS OF USE IS AN ELECTRONIC RECORD IN ACCORDANCE WITH THE INFORMATION TECHNOLOGY ACT, 2000 AND THE RULES FRAMED THEREUNDER. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES. YOU ACKNOWLEDGE AND AGREE THAT BY BROWSING THE PLATFORM OR USING THE PLATFORM, YOU HAVE AGREED TO BE BOUND BY THESE TERMS AND ANY ADDITIONAL TERMS THAT APPLY. IN THE EVENT THAT YOU DO NOT AGREE TO THIS TERMS, YOU SHALL REFRAIN FROM ACCESSING THE PLATFORM AND/OR AVAIL OF THE SERVICES.  

Please note that these Terms govern Your use of the Platform and its Services. We reserve the right to revise these Terms at any time by posting an update to this page. Your continued use of the Platform following the posting of changes to these Terms will mean You accept those changes. 

II. ACCESSING THE PLATFORM

It is Your responsibility to ensure that You have made all necessary arrangements in order to access the Platform. We shall not be responsible for any charges/fees/costs incurred by You for any reason whatsoever. You are responsible for ensuring that all persons who access the Platform through Your internet connection are aware of these Terms and the other applicable terms and conditions/policies mentioned, and comply with them. 

By using the Platform, You represent and warrant that: 

  • You are at least eighteen (18) years old;
  • You have the lawful authority and capacity to contract and be bound by these Terms;
  • If You are accepting these Terms on behalf of a company, limited liability partnership or other legal entity, You have the authority to bind such entity to these Terms and, in such event, “You” and “Your” as used in these Terms shall refer to such entity; and
  • You will comply with all applicable laws and regulations.

III. SUBSCRIPTION AND USE OF THE PLATFORM 

  1. In order to access and avail the Services, Users shall register on the Platform by creating an account. You hereby agree and undertake that You shall provide accurate and complete personal information while registering and creating Your account and while using the Platform and the Services. You are solely responsible for any and all activity that occurs on Your account, and You shall ensure the security of Your account, including a secure. You are responsible to maintain Your account details and information confidential and to protect Your privacy.
  2. You hereby undertake to immediately notify Hxplain in the event of any breach of security or unauthorized use of Your account within twenty four (24) hours of the same. You shall assist and cooperate with Us in the process of taking appropriate action and steps to mitigate the consequences of such unauthorized access or breach of security. It is hereby clarified that You shall be held solely and absolutely liable to Hxplain and any other third parties if applicable for any costs/damage/loss or other adverse consequences of such breach or unauthorized access/use.
  3. You shall not share Your account details and credentials to any other person in order to share access to the Platform/Services. Further, You shall not access or use the Services on the Platform in any manner other than through Your registered account on the Platform.
  4. Hxplain collects, stores, processes and uses Your information in accordance with its Privacy Policy available at https://hxplain.co/privacy-policy/ (“Privacy Policy”). By using the Platform, You will be required to provide Your personal information. You will not take any action that interferes with, degrades or adversely affects Hxplain and/or the Platform. Further, any agreement entered into by You with Hxplain shall be governed by the terms of the Privacy Policy.
  5. Hxplain grants You a limited, personal, non-exclusive, non-transferrable and non-sub licensable right to use the Platform, solely for Your own personal, non-commercial use, subject to the Terms. Your access and use of the Platform shall be subject to the following representations and warranties

a. You may only access the Platform using authorized and lawful means, in compliance with all applicable laws;

          b. You shall not use the Platform in a manner that may disrupt a third parties use of the same or that may violate or tamper with the security of the Platform

          c. We shall not be liable for any failure or default to provide access to the Platform on account of any failure or delay by You to register with the Platform for such access or due to any other reasons whatsoever;

          d. You agree not to distribute in any medium any part of the Service or the Content unless Hxplain makes available the means for such distribution through functionality offered by the Service;

          e. You agree not to copy, alter, modify, reproduce, transmit, publish, adapt, distribute, transmit, broadcast, display, sell, license, or otherwise exploit or distribute any part of the Content for any purposes and in any manner whatsoever. Hxplain and its licensors reserve all rights not expressly granted in and to the Services and the Content;

          f. You agree not to access Content through any technology or means other than the video playback pages of the Service itself or through any other means explicitly authorized by Hxplain or that it may designate;

          g. It shall not be deemed as a violation of these Terms if You engage in the sharing of hyperlinks to the Services or the Platform on social media platforms for the sole purpose of spreading public awareness and information of the same to which Hxplain does not raise any objection;

  1. You agree not to use the Service for any of the following commercial uses :

            a. The sale of access to the Services;

            b. The sale of advertising, sponsorships, or promotions placed on or within the Service or Content;

            c. The sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing Content delivered via the Service, unless other material not obtained from Hxplain appears on the same page and is of sufficient value to be the basis for such sales.

       6. If You use the Platform, You agree that it may automatically download and install updates from time to time from Hxplain. These updates are           designed to improve, enhance and further develop the Platform use and experience and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Hxplain to deliver these to You) as part of Your use of the Platform.

       7. You will not use the Platform, or any portion thereof, to transmit, publish, post, upload, distribute or disseminate any inappropriate, harassing, abusive, defamatory, libelous, obscene, illegal or deceptive Content. The Content You post must not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content and it is not spam or randomly generated. It must not contain any unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third-party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing); Content must not be pornographic, must not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party. Further, You agree not to use or launch any automated system, including without limitation, “robots”, “spiders”, or “offline readers” that accesses the Platform in a manner that sends more request messages to Hxplain servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.  

IV. TERMINATION OF ACCOUNT 

  1. We may terminate or suspend Your access to the Platform, Services and Your account immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to Your breach of the Terms.
  2. We shall reserve the right to decide whether any Content violates these Terms for reason whatsoever. Hxplain may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a User’s account for submitting such material in violation of these Terms.
  3. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

V. TERMS APPLICABLE TO PERSONNEL 

  1. It is hereby explicitly clarified that the procedures, practices, etc. prescribed by or discussed in the Content on the Platform are purely for educational and training purposes. All Users who are Personnel shall be bound by the terms, conditions, policies, procedures, best practices, etc. as prescribed and established by the concerned hospital engaging the Personnel (“Hospital Policies”)
  2. In the event that there is any conflict and/or deviation between such Hospital Policies and any practices or procedures prescribe by and/or discussed in the Content on the Platform, the Personnel shall be bound to follow only its Hospital Policies. Hxplain shall not be held liable or responsible in any manner whatsoever, for any violation or breach of such Hospital Policies by the Personnel in favour of the practices and procedures prescribed by and/or discussed in the Content on the Platform and any costs/damages/liabilities/consequences arising from the same. Any and all such matters shall lie solely and absolutely between the concerned Personnel and its hospital, and Hxplain shall not be made a party to the same.
  3. In the event that any Personnel ceases their employment and/or engagement with the hospital, such individual shall have the option continue accessing and using the Platform and its Services at their sole discretion.

VI. DISCLAIMERS OF WARRANTIES 

  1. The Content in the Platform is provided to You strictly on an “as is” basis. Notwithstanding anything contained in these Terms, We do not warrant that the Website: 

        i) errors, mistakes, inaccuracies, reliability, completeness, merchantability, or fitness for a particular purpose of the Content displayed on the Website; 

       ii) personal injury or property damage of any nature whatsoever, resulting from use of the Website by You;

       iii) any loss or damage arising out of Your failure to adhere to Your obligations under these Terms;

        iv)user content or the defamatory, offensive, or illegal conduct of any third party with respect to any content on the Website;

         v)any responsibility or liability for any bugs, viruses, trojan horses, or the like which may be transmitted to or through our Services by any third party.

  1. We further acknowledge that We do not control the transfer of data over communications facilities, including the internet, and that the Platform may be subject to limitations, delays, and other problems inherent in the use of such communications facilities.
  2. We hereby expressly disclaim any and all liability in connection with the Content on the Platform.
  3. Your use of the Platform includes the ability to enter into agreements and/or to make transactions electronically. You acknowledge that Your electronic submissions on the Platform constitute Your agreement and intent to be bound by this Terms. 

VII. LIMITATION OF LIABILITY

Hxplain shall assume no responsibility and shall not be liable for any loss or damage which may affect Your computer equipment or other equipment/property arising out of Your use of the Platform or access to or browsing of the Platform.

Under no circumstances will We be liable to You for any damages whatsoever (including, without limitation, incidental, reliance, or consequential, or special damages, whether or not foreseen, lost profits, or damages resulting from lost data or business interruption) on account of Your use, misuse, or reliance on the information relating to our Services, provided on the Platform. This limitation of liability shall apply to prevent recovery of direct, indirect, incidental, consequential, special, exemplary, or punitive damages arising from any claim relating to this Terms or the subject matter hereof, whether such claim is based on warranty, contract, tort (including negligence), or otherwise any other legal theory even if We have been advised of the possibility of such damages. 

YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE WEBSITE REMAINS SOLELY WITH YOU AND HXPLAIN DOES NOT GUARANTEE THE AVAILABILITY, ACCURACY, OR RELIABILITY OF THE WEBSITE AND ITS CONTENT.

WE UNDERSTAND THAT, IN SOME JURISDICTIONS, WARRANTIES, DISCLAIMERS AND CONDITIONS MAY APPLY THAT CANNOT BE LEGALLY EXCLUDED, IF THAT IS TRUE IN YOUR JURISDICTION, THEN TO THE EXTENT PERMITTED BY LAW, HXPLAIN LIMITS ITS LIABILITY FOR ANY CLAIMS UNDER THOSE WARRANTIES OR CONDITIONS TO EITHER SUPPLYING YOU THE SERVICES AGAIN (OR THE COST OF SUPPLYING YOU THE SERVICES AGAIN). THE SERVICES ARE CONTROLLED AND OFFERED BY HXPLAIN FROM ITS FACILITIES IN INDIA. HXPLAIN MAKES NO REPRESENTATIONS THAT THE SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS.  THOSE WHO ACCESS OR USE THE SERVICE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW. 

VIII. INTELLECTUAL PROPERTY RIGHTS

The trademarks, service marks, and logos used and displayed by Hxplain, in any manner on the Platform or in any of the content are Hxplain registered or unregistered proprietary rights worldwide. Further the trademarks, service marks, and logos used and displayed belonging to the Platform’s Users, advertisers, or third parties as displayed on the Platform are the owned by such Users, advertisers, or third parties and are hereby only licensed to the Platform for the limited purpose of displaying the same.

Such propriety trademarks or logos belonging to Hxplain or its suppliers, advertisers, any users or third parties are protected pursuant to applicable laws. All rights are reserved and You may not alter or obscure the such proprietary mark or name or logos, or link to them.

All legal rights including intellectual property rights, title and interest in and to the Platform including but not limited to user interface and the applications and codes used to implement the Platform, vests with Hxplain. The Content on the Platform is proprietary and contains confidential information. You agree that You shall not use such proprietary and confidential information and other materials provided or used by the Platform, in any way whatsoever except for use of the Platform is in accordance with these Terms. No portion of the Platform shall be reproduced in any form by You.

In the event of any allegation with respect to infringement of the copyright of a third party in relation to any Content on the Platform, You shall notify us of the same by contacting us on the contact details given below. Based on the grievance/allegation made by You, Hxplain shall determine, in its sole discretion the legitimacy of such allegation based on the claims and supporting evidence provided by You and Our independent investigation into the same, the appropriate course of action to be taken as per applicable laws of the land, including but not limited to removal of such part of the Content. 

IX. GENERAL 

Our failure to enforce any provision of these Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under these Terms shall survive any discontinuance of the access or use of the Platform.

These Terms together with the Privacy Policy published by us on the Website, and any Agreement between You and Hxplain, if applicable, which is entered into for availing our services, shall constitute the entire agreement between You and Hxplain concerning the Website/services.

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.

X. ASSIGNMENT 

We may assign or transfer these Terms, in whole or in part, to any affiliated company or in connection with any acquisition, consolidation, merger, reorganization, transfer of all or substantially all of our assets or other business combination, or by operation of law without Your consent and without providing notice. We may subcontract our obligations hereunder, provided that we shall at all times remain fully responsible for the performance of any subcontractor. You may not assign or transfer any part of these Terms, or delegate Your duties or responsibilities under these Terms, by business combination, operation of law or otherwise without our prior written consent. Subject to the foregoing, these Terms will bind and benefit the parties and their respective successors and permitted assigns.

These Terms of Usage and any rights and licenses granted hereunder, may not be transferred or assigned by You, but my be assigned by Hxplain without restriction.

XI. ADVERTISEMENTS 

Hxplain reserves the right to display advertisements on the Platform and such advertisements may contain links to third-party websites. Your access of such third-party website is purely at Your own risk and We shall not be liable or responsible actions of such third-party. The terms of use and privacy policy of such third-party website will be different from Ours and we encourage You to read through the same before accessing such website as a prudent practice. 

XII. GRIEVANCE REDRESSAL 

For grievances related to the platform, contact

N J Gowri Shankar

Email: [email protected], [email protected] 

Mobile: +91 6369154969, +91 6369189652

The Grievance Officer is identified above pursuant to the provisions of applicable laws including but not limited to the Information Technology Act, 2000 and the Consumer Protection Act, 2019, and the rules enacted under those laws.

XIII. CONTACT DETAILS 

In case of any questions, queries, feedback, comments, or concerns about any of the terms of this Terms, You are requested to contact us through e-mail at [email protected] or by mail then to Hxplain Digital Health Technology Solutions Private Limited Address: G1 Asvini Anjali, No 2, Thiruvalluvar St Vinayaka Avenue, Okkiyam, Thoraipakkam Chennai- 600097

By clicking on the “I Accept” button, You agree and acknowledge that You have read these Terms, understood its contents, and have chosen to execute it on Your own free will and these Terms is made in good faith and is fair and reasonable and shall be binding upon You, once executed.

XIV. GOVERNING LAW

These Terms, their subject matter and any non-contractual disputes or claims are governed by the Indian Laws and You agree to the exclusive jurisdiction of the courts of Chennai, India. Hxplain reserves the right to seek injunctive, or any other equitable relief, in any courts of competent jurisdiction that, in its sole opinion, consider this to be necessary.