Welcome, and thank you for your interest in Gynecology Academy. This website is intended as an educational and collaboration portal, offering e-learning and tutorial videos focusing on Sonology and Gynecology.
The following Terms and Conditions ("Terms"), along with our Privacy Policy form a binding legal contract between you ("You") and Gynecology Academy (“Gynac”, “We” or “Us”). The Terms govern your use of the website located at www.gynac.org and related domain, systems, servers, platforms, information, data, application programming interfaces, user interfaces, layouts, logos, designs and all the services provided through the website and related systems ("Website") and your access to all the proprietary courses, educational or tutorial videos, information, webinars, exercises, course materials, supplementary materials, insights, audio-visual aids, demonstrations, content and products available at or through the Website ("Materials")
Gynecology Academy’s office is 91, Bhuvaneshwari Nagar, CV Raman Nagar, Bangalore- 560093. Our contact information is [email protected].
PLEASE READ THE FOLLOWING TERMS CAREFULLY BEFORE USING THE WEBSITE. BY REGISTERING FOR, ACCESSING, BROWSING, VIEWING OR USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS INCLUDING THE GYNECOLOGY ACADEMY PRIVACY POLICY AND ANY ADDITIONAL GUIDELINES. IF YOU DISAGREE WITH ANY PART OF THESE TERMS AND CONDITIONS, PLEASE DO NOT USE OUR WEBSITE.
1. User Account
1.1 Eligibility:Only medical professionals, practitioners and academicians are eligible to access and use the Materials and the courses. You represent that you are eligible to access the Materials and have not been previously suspended or removed from the website by Gynecology Academy and that your registration and use of the website is in compliance with any and all applicable laws and regulations.
1.2 Sign-Up:You must register an account on the “Sign-Up” page in order to access the Materials. You will need to provide the details requested on the “Sign-Up” page in order to register.You agree that the information you provide to Gynecology Academy, whether at the registration or at any other time, will be true, accurate, current and complete, and shall ensure that this information is kept accurate and updated at all times.
1.3 Password and Confidentiality: You may be asked to provide a password in connection with your account. You agree that you will not share the password for your account with any third party and now allow any third party to access the Website through your account. You agree to accept responsibility for the confidentiality of your account and all activities that occur under your account.
If you have reason to believe that your account or your password is no longer secure, then you agree to immediately notify us at [email protected]. You may be liable for losses incurred by us or others due to any unauthorized use of your account.
1.4 Materials: This website hosts Materials on various areas of medicine and you may access that material based on these Terms. Some Materials are available for free while others may require payment of a Subscription Fee.
1.5 Subscription Fees:You will be required to pay a subscription fee to access some of the Material. These fees will be chargeable on a per-course basis. The amount of fees charged and the respective course for which it is charged will be indicated by us on our website, or at the time of applying for an account. For the removal of doubt, the rates indicated against specified material constitute the final subscription fees for the Materials.
In addition to the subscription fee you may be required to pay an additional examination fee to obtain a Certificate of Competence for that course. The details for this will be provided in the course details.
1.6 Certification: At the end of the courses you may be provided with a Certificate of Participation, Certificate of Completion and/or a Certificate of Competence. These certificates will be issued on the basis of criteria set out for each course. Non-completion of the requisite course requirements will be grounds to not issue a certificate in that course.
1.7 Course Requirements: Each course may set out its own requirements for participation, completion and competence in the course. Completion of course requirements and compliance with course guidelines will be mandatory for you to obtain the required Certification. Non compliance with course requirements or guidelines will constitute a violation of these terms.
1.8 Payment and Refund: We engage a third party payment merchant to bill our users. Payments and refunds shall be processed subject to the terms, conditions and privacy policies of the payment merchant, your payment service provider and our Terms and Privacy Policy. The payment merchant may collect your credit card/other payment instrument information, as well as other personal information to process the payments or refund.
Upon your request, we may allow you to make payments through bank transfers. In that case you hereby provide us your consent to collect and store your account details for our records. We will not provide these account details to any third party.
We are not responsible for errors or delays by the payment merchant or payment service provider, and shall not be under any liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of any transaction or any error in remitting funds owing to an error in the systems of the payment merchant or the payment service provider.
1.9 Cancellation Policy:You may request for cancellation and a refund only before you access the course. We will process such requests of refund within 2 weeks of the request. All refunds shall be returned to the payment service used to make the payment for the courses. A cancellation fee of 10 % and taxes will be deducted from the refund amount. For any cancellation or discontinuation after the course has begun or has been accessed, viewed or used, no refund will be provided.
1.10 SMS Communication: You consent to receiving SMS and email communication from us in the course of creating your account and using our Website.
1.11 Grievance Policy: We are committed to providing high quality e-learning and tutorial videos and services on our Website. You may address any grievances or refund requests through the "contact us" link on our Website.
2. Ownership
2.1 Website and Materials: We own and operate the Website. All the Material is intellectual property either owned by or appropriately licensed to Gynac. Further, we own all the information hosted on the Website including the Materials. The Materials and the Website are protected by Indian copyright laws, trademark laws, information technology laws, criminal laws, international conventions and other laws governing property rights including tort law.
All trademarks reproduced in this website, which are not the property of, or licensed to us, are acknowledged on the Website.
2.2 Opinions of third parties: Opinions and statements included in the Material such as audio or video tapes, transcripts, information, webinars, content, exercises, supplementary material, webcasts of such events are solely those of the individual persons or entities and are not necessarily adopted or endorsed or verified as accurate by Gynecology Academy.
3. Access and Use of Website and Materials
YOU MAY ACCESS AND USE THE WEBSITE AND THE MATERIALS STRICTLY IN ADHERENCE WITH THE TERMS. ANY RIGHTS IN THE WEBSITE OR THE MATERIAL THAT ARE NOT EXPRESSLY GRANTED TO YOU ARE WITHHELD AND RESERVED BY US. USAGE OF THE WEBSITE IN A MANNER PROHIBITED OR NOT COVERED UNDER THESE TERMS WILL CONSTITUTE UNAUTHORISED ACCESS AND UNAUTHORISED USE OF THE WEBSITE AND MATERIAL.
3.1 License:In consideration of subscription fees, you may access the Website or any Materials only for your personal use and only through your own account. You may access the Website from any Internet connection. We grant you a restricted, non-transferable, non-exclusive, revocable license to access the Website and the Materials covered in your subscription solely for the purpose of your education and learning and subject to compliance with these Terms. You may access the Materials only for a limited time period, starting from the time at which payment is completed and such completion of payment is intimated to us by the payment merchant and terminating along with these Terms.
3.2 No Other Interest: You understand and acknowledge that this Website and the Materials may not be accessed by any other person or for any other purpose. Any other use of the Website or the Materials including but not limited to uses set out in 3.3 Unauthorised Access and Use shall constitute unauthorised access of Gynac’s proprietary information and infringement of our intellectual property. No other additional license, apart from as is provided under 3.1, is implied by these Terms. No right, title or interest to any trademarks, service marks, trade names or goodwill of Gynecology Academy is hereby granted. Further, no rights to publicity, promotion, translation, reprinting, recording, downloading, copying, reuse of illustrations, recitation, broadcasting, reproduction in any way and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed is hereby granted. Unauthorized or improper use of such materials may result in civil and criminal penalties.
3.3 Unauthorised Access and Use: YOU SHALL NOT IN ANY CIRCUMSTANCES :-
3.3.1 Use our Website or any Materials for any commercial use or purpose, commercial advantage, or private monetary compensation unless expressly permitted in writing by Us. This would include, but is not limited to, providing training, support or editorial services that use or reference the Website, Materials or any information or content contained therein in exchange for a fee;
3.3.2 Copy the content of the Materials and use it to create any educational, instructional or demonstrative material to make available to others for consideration or otherwise;
3.3.3 Use the Material in combination with any other educational, instructional or demonstrative material to make available to others for consideration or otherwise;
3.3.4 Create any educational, instructional or demonstrative material, handbook, blogs or any other form of content that incorporates or is based on the information provided on the Website or any Material.
3.3.5 Allow any third party to use or access your account on the Website or demonstrate, publicise, reference or make available in any way whatsoever the Materials to any third-party using your account;
3.3.6 Share the password for your account with any third party;
3.3.7 Use the Website or any part of it including the Materials to sell advertisements, sponsorships, promotions using either the Website or any other webpage or domain or use any other website that contains the Materials or any part of it for any similar purposes, including without limitation any "pop-up advertisements";
3.3.8 Use the Website or the Materials for any illegal or unlawful purpose or in a manner that violates the rights of any third-party;
3.3.9 Circumvent, disable, damage or otherwise interfere with services offered on the Website, copyright or other proprietary notices on the Website or security-related features of the Website or User Generated Content, features that prevent or restrict use or copying of any content or Services accessible through the Website, or features that enforce limitations on the access and/or use of the Website, Services or User Generated Content; OR
3.3.10 Communicate the Material to the public in any manner or form or make it accessible to third Parties in any manner or form.
Further, you also agree to not assert or authorize or assist or encourage any third party to commit any unauthorized acts as contained in these Terms herein.
3.3.10 Record, copy, download, extract or make copies in any way of the Materials, or any other information or data on the website.
3.3.11 Allow anyone else to access your account on the Website using your account details. You shall inform us immediately or as soon as reasonably possible if your account is accessed by any third party.
3.3.12 Access the courses without registering an account with the website and making the requisite payment for the course.
3.3.13 Damage the Website or disrupt the services or introduce any contaminant, malicious program, spyware, malware, virus to the Website.
3.3.14 Decompile, alter or modify any program running on the website.
3.4 Remedies: Any unauthorised access of this Website will constitute unauthorised access under the Information Technology Act, 2000 and give rise to a claim for damages and/or a criminal offence. Any unauthorised use of the Materials will constitute infringement under various intellectual property laws and conventions and will give rise to civil and criminal proceedings. You understand that damages or convictions may not be adequate remedy for us in case of a violation of these Terms and we reserve the right to obtain any other remedy including injunctions, criminal investigation and seeking police assistance.
3.5 Medical Records/Case Studies: As part of the courses, you may be required to share medical records, images or case studies for the purposes of discussion, instruction and completion of the course. You may also share such documents on the various fora like message boards, groups etc. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT ALL SUCH MEDICAL RECORDS, CASE STUDIES, IMAGES AND ANY OTHER HEALTH INFORMATION OF YOUR PATIENTS/CASE STUDIES THAT YOU SHARE, SHALL BE ANONYMISED AND SHALL NOT CONTAIN ANY PERSONAL IDENTIFIERS THAT ARE CAPABLE OF IDENTIFYING THE PATIENTS.
You are responsible for maintaining the confidentiality of patients for any health information that you might share with us. You understand, acknowledge and agree that we are not responsible for any breach of confidentiality, ethics or data protection obligations on your part if the images shared to us are not anonymised.
3.6 User Conduct Rules:By posting information, participating in, listening to or otherwise using any communications or interactive service, including message boards, chat rooms, comment sections, etc. made available to you on or through this Website, you agree that you will not upload, post or otherwise distribute or facilitate distribution of any content, including text, communications, software, images, sounds, data or other information that:
A. infringes on any patent, trademark, trade secret, copyright, right of publicity, or other property right of any party or the privacy of any individual; constitutes unauthorized or unsolicited offers, proposals or advertising, promotional materials, junk or bulk e-mail ("spamming"), chain letters, charity requests, petitions for signatures or any other form of unauthorized solicitation, or any form of money-laundering, lottery or gambling;
B. contains software viruses, adware, spyware, worms, malicious code or any other computer code, files or programs that are designed or intended to disrupt, damage or limit the functioning of other Users’ accounts, Website and Services or any related software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;
C. isunlawful, harmful, threatening, abusive, harassing, vulgar, defamatory, libellous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, pornographic, paedophilic contains explicit or pornographic descriptions or accounts of sexual acts or otherwise violates our Terms or Privacy Policy, or any laws in India as applicable.
D. hateful or racially or ethnically objectionable, victimizes, harasses, degrades or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability; or impersonates or falsely claims an affiliation with any person or entity.
E. defames, harass, abuse, threaten or defraud Users of the Website, or collect, or attempt to collect, personal information about Users or third parties without their consent;
F. harms minors in any way, impersonates another person, 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 cognisable offence or prevents investigation of any offence or is insulting any other nation; or
G. contains any sensitive personal information or confidential medical records and information that are capable of identifying any person.
We do not routinely pre-screen, monitor or edit the content posted by users of chat rooms, message boards, newsgroups, webcasts or other interactive services that may be available on or through this Web site.
However, we may, in our sole discretion, perform such screening, editing or monitoring and to remove any content that, in our judgment, does not comply with the terms of use or is otherwise harmful, objectionable or inaccurate. We are not responsible for any failure or delay in removing such content.
Furthermore, we may also receive abuse complaints from other Users regarding the usage of your account. We reserve the right to suspend or terminate access to our Services on the receipt of such abuse complaints.
We are not responsible for any claim for damages and/or any criminal offence arising out of your conduct or usage of this Website or Services, and the responsibility for such events is to be borne solely by you.
4. Termination Policy
4.1 Termination by Us:We reserve the right to, on our sole discretion and for any or no reason without penalty, suspend or terminate your account, usage and access to our Services. This includes in cases involving receipt of an abuse complaint from other Users or third parties, or in cases where we feel, in our sole judgement, you have violated these Terms or our Privacy Policy or have engaged in conduct which is otherwise harmful, illegal, objectionable or inaccurate.
You agree that such termination and discontinuance of access to the Website or any part thereof, may be performed by us with or without prior notice, and that we shall not be liable to you or other third parties for any such termination.
Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies we may have at law or in equity.
As discussed herein, we do not permit copyright, trademarks, or other intellectual property infringing activities on the Website, and will terminate access to the Website, and remove all User Generated Content or other content submitted, by any Users who are found to be repeat infringers.
4.2 Termination by You:Your only remedy with respect to any dissatisfaction with (i) the Website or Services, (ii) any term of these Terms of Service, (iii) Privacy Policy and/or any other Guidelines, (iv) any policy or practice of Gynecology Academy in operating the Website or Services, or (v) any information or material transmitted through the Website, is to terminate the Terms and your account. You may terminate the Terms at any time by deleting your account with the Website and discontinuing use of any and all parts of the Website.
5. Indemnification:You agree to defend, indemnify and hold harmless Gynecology Academy and its affiliated third parties, employees, officers, members, agents and contributing professionals from all liabilities, claims, losses, damages and expenses including legal fees and expenses that arise as a result of without limitation your Unauthorised Access or use, or your violation of the User conduct rules or any other term or your use or misuse of your account, this Website, or from any violation of the Terms or.
We reserve the right, at our expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defences. We will utilise reasonable efforts to notify you of any such matters.
6. Disclaimer and Warranties
6.1 Information for educational usage only: We may provide information or materials or Services relating to medical conditions, treatments, or public or private health issues on our Website. Any such information or material does not suggest diagnosis or treatment, and is not a substitute for medical attention. Such information or material is intended for educational and training purposes only. Your use of any information or material on the Website is entirely at your own risk, for which we and our affiliated third parties shall not be liable. It shall be solely your own responsibility to ensure that any Materials provided to you through this Website meet your requirements.
YOU UNDERSTAND AND ACKNOWLEDGE THAT THE MATERIALS OR ANY CERTIFICATE OR ACCREDITATION GRANTED BY THE WEBSITE ARE NOT A SUBSTITUTE FOR MEDICAL EDUCATION FROM A RECOGNISED OR AFFILIATED INSTITUTION OR A CERTIFICATE OF EFFICIENCY GRANTED UNDER THE PERSONAL SUPERVISION OF PHYSICIANS.
GYNAC IS NOT AFFILIATED WITH ANY GOVERNMENT BODY, MEDICAL ASSOCIATION OR MEDICAL INSTITUTION. ANY CERTIFICATE ISSUED UNDER OUR COURSES WILL NOT QUALIFY YOU TO PROVIDE MEDICAL SERVICES SUCH AS CONDUCTING ULTRASOUNDS.
YOU UNDERSTAND AND ACKNOWLEDGE THAT THE DISCUSSION OF ANY CASES, PATIENTS, CASE STUDIES. EQUIPMENT, APPARATUS OR TECHNIQUES IS SOLELY FOR EDUCATIONAL PURPOSES AND IS NOT WITH THE INTENT TO ENDORSE, APPROVE OR SOLICIT.
6.2 No Warranties:All materials, information, software, products and Materials included in or made available through this website are provided "as is" and "as available" for your use. The content is provided without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
Your use of any information or Material on the Website is entirely at your own risk, for which we shall not be liable. It shall be solely your own responsibility to ensure that any Materials provided to you through this Website meet your requirements.
To the fullest extent permitted by law, in no event will we be liable for any loss or damage including without limitation, direct, indirect, punitive, incidental, special, or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use or inability to use this Website or Services therein.
6.3 Accuracy of Content:While we endeavour to keep all information, content and materials constituting our Materials up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose.
From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s).We have no responsibility for the content of the linked website(s). We have no control over the nature, content and availability of those sites.
6.4 Use of Website outside India: We make no representation that the Services on this website are appropriate or available for use in locations outside India, and accessing them from nations or territories where their contents are illegal is prohibited. Persons who access this Web site from outside India are solely responsible for compliance with all applicable laws.
6.5 Transmission of Information: There is no guarantee that any transmission of data over the Internet is completely secure, and we cannot ensure or warrant the security of any information you transmit to us. Any such transmission is done at your own risk.
6.6 Harm to Your Computer:Youunderstand and agree that your use, access, download or otherwise obtaining of content, Materials, software or data through the Website is at your own discretion and risk and that you will be solely responsible for any damage to your property (including your computer system) or loss of data that results therefrom.
6.7 Technical Issues:Though every effort is made to keep the Website up and running smoothly, we take no responsibility for, and will not be liable for the Website being temporarily unavailable due to technical issues beyond our control.
7. Modification of Terms:We reserve the right, at our discretion, to change, modify, add or remove portions of these Terms or our Privacy policy at any time. Please check the Terms and Privacy Policy periodically for changes. Your continued usage of the Website after any modification of these Terms constitutes your binding acceptance of such modification.
For any material changes to the Terms, we shall make a reasonable effort to provide notice to you of such amended Terms by posting a notice on the Website. Disputes arising under these Terms will be resolved in accordance with the version of the Terms in place at the time the dispute arose.
8. Miscellaneous
8.1 Disputes, Choice of law and forum: These Terms shall be governed by and construed in accordance with the laws of India. You agree that any action at law or in equity arising out of or relating to the Terms or Gynecology Academy will be subject to the exclusive jurisdiction of the Courts in Bangalore only and each of You and Gynecology Academy hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action. Notwithstanding this, Gynecology Academy shall still be allowed to apply for injunctive or other equitable relief to protect or enforce its intellectual property rights in any court of competent jurisdiction.
YOU AND GYNECOLOGY ACADEMY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
8.2 Severability and Integration:If any provision of the Terms or Privacy Policy is held to be unlawful, void or for any reason unenforceable, then that provision will be limited or eliminated from the Terms or Privacy Policy to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
8.3 Waiver:The failure of Gynecology Academy to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. Any waiver of any provision of the Terms will be effective only if in writing and signed by Gynecology Academy.
8.4 Assignment:The Terms and related Privacy Policy, and any rights and licenses granted hereunder, may not be transferred or assigned by You without Gynecology Academy’s prior written consent, but may be assigned by Gynecology Academy without consent or any restriction. Any assignment attempted to be made in violation of the Terms shall be null and void.
8.5 Entire Agreement:Unless otherwise specified herein, these Terms and the Privacy Policy together constitute the entire agreement between You and Us with respect to this Website and supersedes all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Us with respect to this Web site. This will not be modified except in writing, signed by both parties, or by a change to the Terms and Privacy Policy made by Us as set forth in Clause above.
8.6 Disclosure:The Website is hosted in India and the Materials provided hereunder are offered by Gynecology Academy: 91, Bhuvaneshwari Nagar, CV Raman Nagar, Bangalore- 560093; [email protected].