Terms & Conditions - Gynecology Academy


Welcome, and thank you for your interest in Gynecology Academy (" Gynecology Academy" or "we" or "us"or "our" or "GYNAC"), which is a sole proprietorship that owns and operates the web site located at www.gynac.org and related application programming interfaces and online services ("Website") and all copyrighted educational or tutorial videos, information, materials, content, services, and products available at or through the Website ("Materials").


The Website is an educational and collaboration portal, offering e-learning and tutorial videos focusing on Sonology and Gynecology.


Gynecology Academy’s registered office is 91, Bhuvaneshwari Nagar, CV Raman Nagar, Bangalore- 560093. Our contact information is [email protected] .


The following Terms and Conditions ("Terms") are a legal contract between you ("You")and Gynecology Academy regarding your use of the Website and the offered Services. The following Terms, along with our Privacy Policy, govern our relationship with you in relation to this website. Visitors and users of the Website are referred to individually as "User"and collectively as "Users".


PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. BY REGISTERING FOR, ACCESSING, BROWSING, VIEWING OR USING THE WEBSITE AND/OR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS 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.                   Account Information and Usage

 

1.1               Eligibility: This website is open to medical professionals, practitioners and academicians only. By clicking the "I agree" button, or by otherwise using or registering an account for the website, you represent that you have not be 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               User Account: In order to access certain features of the website, including access to the educational videos, you must register for an account. You will be required to provide your name, address, institution, medical qualification and contact details including your current email address and phone number.

 

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.

 

You may be asked to provide a password in connection with your account. You agree to accept responsibility for all activities that occur under your account, and you are solely responsible for maintaining the confidentiality of your account and password.

 

If you have reason to believe that your account 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.

 

1.3               Subscription Fees: We may require you to pay certain subscription fees to gain access to our Materials that you wish to subscribe for. These fees will be chargeable on a per-video basis. The amount of fees charged will be indicated by us on our website, or at the time of applying for an account.

 

1.4               Payment and Refund Transactions: For the purpose of ensuring transactions involving payment or refund of subscription fees for the Website, we may utilise the services of a third-party payment merchant or processor ( "payment merchant" ) to bill Users. The processing of such payments or refunds shall be subject to the terms, conditions and privacy policies of the payment processor, in addition to our Terms and Privacy Policy. The payment merchant may collect your credit card information, as well as other personal information to process the payments or refund.

After payment and before the start of the course, user can request for cancellation and refund. Such requests of refund will be processed by Gynecology Academy with 2 weeks of the request. Cancellation fees of 10 % will be applied in all such cases of refund. For any cancellation or discontinuation after the course has begun, no refund will be provided.  

 

The terms of such payment or refund will also depend upon on your choice of payment method, which will be determined by agreements between the financial institution, credit card issuer or other provider of your chosen payment method. ( "payment provider" ).

 

By making a payment, you agree to pay us, through the payment merchant, all subscription fees at the prices stated for the applicable Service. You further authorize us to charge your chosen payment provider through the payment merchant, and agree to make such payment through the selected payment method. 

 

We are not responsible for errors or delays by such payment merchant or payment 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 authorization for any transaction.

 

1.5               Increase in subscription fees: We may increase the subscription fees charged at any time and for any reason, provided, however, all subscriptions confirmed via a purchase order as processed by the payment merchant before such date of revision of prices shall be honoured by us at the original agreed price. Such increase in subscription fees will be indicated via notice on our Website

 

1.6               Cancellation Policy: Once subscription fees have been paid for access to our Services, and the user has been provided an account with access to our Services in accordance with such payment, users cannot cancel such subscription.

 

1.7               Grievance and Refund Policy: We are committed to providing high quality e-learning and tutorial videos and Services on our Website. Any grievances or refund request relating to a particular video or Service or with our Website can be raised by you through email to us at the above specified contact address, or through the "contact us" link on our Website.

 

All requests for grievances or refund will be reviewed by us individually. In cases for genuine causes for such refund, the final refunds shall be made after deducting Service Tax as is applicable in accordance with the current laws of India.

 

Depending upon the chosen payment method, refunds shall be issued to you, through our payment merchant, to your account maintained with your payment provider specified at the time of the original payment now being refunded, in accordance with the terms laid out in Clause 1.4 above.

 

1.8               Privacy Notice: Your privacy is important to us. Please read our Privacy Policy carefully for information relating to our collection, use and disclosure of your personal information collected through your usage of our website.

 

2.                   Proprietary Materials on Website

 

2.1               Materials owned by us: The Website is owned and operated by Gynecology Academy. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), software, Materials including content, educational videos and exercises, and all other elements of the Website  are protected by Indian and international copyright and trademark laws, international conventions and other applicable laws governing intellectual property and proprietary rights.

 

Any materials provided on our Website by third parties, all Materials, and other Website contents are owned by or licensed to Gynecology Academy. Whether the whole or the part of the material is concerned, we reserve all rights therein and thereto not expressly granted by these Terms. Unless expressly indicated on the Website otherwise, you shall not download, distribute, sell, lease, modify or otherwise provide access to such content to any third party.

 

All trademarks reproduced in this website, which are not the property of, or licensed to us, are acknowledged on the Website.

2.2               Materials provided by affiliated third parties: With our permission, certain registered medical experts, academicians and practitioners or other entities ("affiliated third parties" ) may provide such educational videos, webcasts, material, information, content, exercises and related supplementary materials (to be understood within the meaning of "Materials")on our Website, to be accessed and used by you in accordance with these Terms. Unless expressly indicated on the Website otherwise, you shall not download, distribute, sell, lease, modify or otherwise provide access to such content to any third party.  

 

Opinions and statements included in such audio or video tapes, transcripts, information, content, exercises, supplementary material or 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.

 

2.3               Access License: Upon the payment of subscription fees, we grant you a non-transferable license to access the Services paid for by you as are made available on the Website, subject to the payment of the applicable subscription fees, and in accordance and adherence with these Terms. Such access shall be provided for a specific time period, starting from the time at which payment is completed and such completion of payment is intimated to us by the payment merchant.

 

You shall be authorized to access such Services from any Internet connection. No other additional license, apart from as is provided to you by these Terms, is implied by the provision of such access license. No right, title or interest to any trademarks, service marks or trade names of Gynecology Academy is hereby granted. Further, no rights to translation, reprinting, 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.

 

2.4               Crediting Gynecology Academy: If you distribute, publicly perform or display, transmit, publish, or otherwise make available any Materials or any derivative works thereof, you must also provide the following notice prominently along with such Materials or any derivative works thereof: " All Gynecology Academy content is available at ______________________.


Further, in case of such materials or Services being provided to us by third parties, you must also credit such third party or entity, in accordance with the information posted on our Website regarding the source of such information.

 

3.                   Usage of our Website or Services

 

3.1               Unauthorized usage of our Website or Services: You agree to abide by all procedures and requirements of Gynecology Academy, including but not limited to the following usages of our Website or Services, which are deemed as unauthorised by us.

 

3.1.1         No Commercial Usage: You agree not to utilise our Website or Services for any commercial use or purpose, commercial advantage, or private monetary compensation unless expressly permitted in writing by Gynecology Academy. This would include, but is not limited to, providing training, support or editorial services that use or reference the Website, Services or any information or content contained therein in exchange for a fee. It is understood and accepted by you that the Website and Services are intended for personal, non-commercial use only.


Should you wish to utilise any of our Materials or Services for such non-commercial use that requires you to distribute, publicly perform or display, transmit, publish, or otherwise make available any Materials, Services or any derivative works thereof (such as for academic or scholarly purposes), you agree that you are required to first ask for and obtain the express permission of Gynecology Academy to do so by emailing us on [email protected] and must also provide the following notice prominently along with such Materials or any derivative works thereof:


"All Gynecology Academy content is available at www.gynac.org."


Further, in case of such Materials or Services being provided to us by third parties, you must also credit such third party or entity, in accordance with the information posted on our Website regarding the source of such information. Please note that Gynecology Academy reserves all rights to refuse to provide such permission, and nothing in this clause must be understood as providing any rights to utilise our Materials or Services for any non-commercial usage, beyond those set out in clause 2.3 or any other part of these Terms.

 

3.1.2         No Unauthorized Adaptation, collective or derivative works: You agree not to modify, adapt, translate or create derivative or collective works based upon the Website or Services or any part thereof, except and only to the extent expressly permitted by Gynecology Academy herein or to the extent the foregoing restriction is expressly prohibited by applicable law.

 

3.1.3         No unauthorized promotional material: You agree not to create or sell advertisements, sponsorships, or promotions based upon the Website or Services or any part thereof, or the sale of advertisements, sponsorships, promotions on any website or blog containing any part of the information, material, videos or other Services provided on the website, including without limitation any "pop-up advertisements".

 

3.1.4         No unauthorized access of other Users’ accounts: You agree not to utilise the accounts of others without their permission.

 

3.1.5         No illegal or unauthorized usage: You agree not to utilise our Services or Website for any unlawful purpose, or in violation of local, state, national or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy.

 

This includes, but is not limited to, attempts to remove, circumvent, disable, damage or otherwise interfere with Services, 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.

 

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.

 

Any unauthorised use of this Website by you may give rise to a claim for damages and/or be a criminal offence. We bear no responsibility for such claims or offences being sought or enforced by third parties upon you, should they arise by such unauthorized usage of our Website or Services by you.

 

3.2               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; 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 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.                  is unlawful, threatening, abusive, harassing, vulgar, defamatory, libellous, deceptive, fraudulent, invasive of another's privacy, tortious, 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.                  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;

 

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 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: Upon a request by us, 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 from your use or misuse of your account, this Website or the contained Services therein, or from any violation of the Terms or breach of the representations, warranties and convents made herein by you.

 

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.

 

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:You understand 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 Rama Nagar, Bangalore- 560093; [email protected] .