By using Medismo’s Products and Services, you confirm your acceptance of, and agree to be bound by, this Agreement and all such terms, conditions and notices.
Terms of Service
Terms of Service govern your access to and use of the services of Medismo, whose office is at #4, Valder street, Mount Road, Chennai 600002, India, hereinafter called “Supplier” or ” Medismo “.
This document specifies and explains the terms, based on which you can use the online Service, website and software delivered within or in combination with Service (jointly referred to as “Service” or ” Medismo “). By using this Service and registering an account you confirm that you have read, you understand and you agree with the terms contained in this document. When you do not agree with any of the terms of this document, do not register or stop using ourService. This document applies to all visitors of the Supplier’s website or people using the Service provided by the Supplier, hereinafter called the “Customer“.
Medismo reserves the right to change the content of this document anytime without notice. Using any new features that expand or improve Service will be automatically – from the moment of its activation – subject to these Terms of Service, without the necessity of another acceptance of the Terms of Service by the Customer. Failure to exercise the right by the Supplier to which he is entitled based on these Terms of Service, does not mean waiving of such right or provision.
Violating of any provision of these Terms of Service can lead to suspension or removal of your Account or termination of the contract.
- You have to be a human being (Accounts set up by automatic methods, robots or other software are not allowed).
- By registering to the Service, you declare that you are at least 13 years old.
- You have to provide real name, correct and active email address and other information required during the process of registration and granting a license.
- You are responsible for security of your access credentials (e-mail and password). Medismo is not responsible for losses or damages caused by failure to comply with this provision.
- You cannot use your account for illegal or forbidden purposes. While using the Service, you cannot violate any rights in accordance with your jurisdiction (including, but not limited to copyrights).
- When you provide access or in another way enable the use of “Service” in full or in part to any person, including your employees, you undertake to guarantee that all invited users will comply with the provisions of these Terms of Service and you agree that you remain responsible and liable for any actions or neglection of all invited users, in the same extent as for your own actions or neglections.
Closing of the account and access to data
- You have the right to cancel your account at anytime. Cancellation of the account will lead to removal of your data from our servers and its recovery will not be possible.
- Any data uploaded to the Service will remain the property of the Customer. Medismo will not be reviewing your data during normal operation of the Service. As an exception, Medismo reserves the right to obtain access to your data in order to assure proper operation and maintenance of theService (including, but not limited to, preventing illegal activities, uploading a file containing viruses or suspicious contents or providing technical support).
Right to refusal
- Medismo reserves the right to discontinue providing the Service to any person, anytime and for any reason.
- Technical support is provided to users only and exclusively by e-mail – using the adequate e-mail address.
- Technical support is free of charge.
Source code and data ownership
- Any data and files uploaded to your account remain your property and you can access them through the Service or by making a backup copy at your request.
- Medismo does not monitor and is not obligated to monitor uploaded data, but reserves the right to refuse access or to remove data stored in theService
- The entire source code of the Service, including its user interface and layout, is the property of Medismo. You cannot duplicate, copy or in another way use in full or in part HTML code, CSS, layout or any other element of the Service without written permission from Medismo.
- You become aware that Medismo uses services of third parties and hosting partners, who deliver necessary equipment, software, network access, data storage and related technologies necessary to provide the Service.
- Source code of the Service will not be available to the Customer.
Loss of data and backup copies
- Medismo won’t be responsible for any loss of Customer’s data for any reason, including, but not limited to hacker attacks, equipment errors, application errors or errors resulting from application use.
- We store all data in cloud computing platform managed by our Data center partner – Datazion, which provides multilevel cyclic backup and data recovery infrastructure. In addition, Medismo creates backup copies of data before making changes to the Service.
- Medismo is obligated to assure privacy of information. Any information provided by the Customer will be used only and exclusively in order to provide the Service.
- Both parties undertake not to disclose private information acquired throughout duration of this contract, unless such information is available to the public or is common knowledge.
- In order to fulfill obligations resulting from this contract, both parties can disclose information to their employees or subcontractors, notifying them and imposing confidentiality of revealed information.
Use of Service
- You undertake not to use the Service to conduct activity that is illegal or that violates the laws of India or any other rights related to the use of the Internet. In particular, but not limited to:
- civil or criminal offences, violation of copyrights and trademarks;
- sending, displaying or publication of obscene materials;
- any criminal offences that violate regulations in any country;
- sending, displaying or publication of any defaming, offensive, insulting materials or threats against other people;
- sending, displaying or publication of any materials which are confidential materials or trade secret;
- use of the Service that violates rights of any people, organizations or companies;
- You agree to take responsibility for any claims resulting from violation of the rights described in this article.
- You are using the Service at your own risk. Service is provided based on the principle “as is” and “when available”.
- Medismo does not guarantee that:
- Service will meet your expectations;
- Service will work without interruptions; it will be safe and free of errors;
- Data received from Service will be accurate and reliable;
Termination of Service
- Without prejudice to other rights, to which it is entitled:
- each of the parties can terminate the contract with immediate effect, when the other party violated any terms of the contract.
- one of the parties is not able to pay its liabilities (in accordance with section 123 Insolvency Act 1986), becomes insolvent or is under liquidation.
- Verbal, physical or written abuse or insult (or threat) in relation to Medismo or its employees or customers will result in immediate removal of the account and termination of the contract,
- Medismo reserves the right to delete Customer‘s account, in particular, when it is necessary to ensure proper operation of the Service for other customers.
- In the case of Force Majeure making impossible to use or provide the Service, the contract can be terminated in accordance with the provisions described in the article dedicated to Force Majeure.
- Medismo does not limit its responsibility (when exists) to the following matters:
- fraud, or
- death or injury of any person caused by negligence.
- The Customer clearly confirms and agrees that Medismo is not responsible for direct, indirect, accidental, exceptional, consequential and other damages, including, but not limited to loss of profits, favors, possibility of use of data and other related intangible and tangible losses (even when Medismo was notified about a possibility of their occurrence), without relation to the reason of damage occurrence (tort, negligence, violation of the contract, misleading or any other reason).
- Uploading of any prohibited contents can lead to immediate removal of your account. You cannot upload, send, host, make available or popularize contents, including but not limited to:
- unwanted e-mails, text messages or “Spam”,
- Trojans, viruses, worms and other code of destructive nature,
- illegal data (including data protected by copyrights).
- You undertake to take all necessary measures and actions making sure that you and your employees will be aware of the obligation regarding data protection and keeping information private, since Medismo has no control over data processed by the Service and cannot be held responsible for this data,
- Medismo acknowledges that in providing the Service it may be acting as a Data Processor processing Personal Data.
Intellectual property rights
- Intellectual property rights in the Service, hardware or software used for providing the Service are and remain the property of Medismo or its license providers.
- Obligations of each of the parties, resulting from this contract, can be suspended as a result of occurrence of events that are beyond control of a party. When such reason continues for a period longer than 30 days, it can lead to termination of the contract.
Transfer of rights
- You cannot transfer or assign provisions of this contract without the previous written permission from Medismo. Medismo can transfer; assign all or part of its obligations to another entity.
- Any misunderstandings between the parties, resulting from this contract, should be reported in writing. Both parties undertake to resolve the conflict amicably within 30 days from its reporting.
- Medismo CRM is delivered after a live demo with our customers before they buy them – hence we offer no refunds as a matter of policy once subscription has started.
Jurisdiction and applicable law
- This contract is subject to regulations and interpretation of legal regulations binding in India; therefore, each of the parties undertakes to subordinate to exclusive jurisdiction of the courts of Kolkata, India.
- When it is confirmed that any article of this contract violates the laws of India, this article should be treated separately from other clauses, which continue to be valid.