By registering to use Vizi Software ("Software"), you agree to abide by the terms and conditions ("Terms") set forth herein. Only upon the acceptance of terms contained herein, you will be entitled to avail services offered by the Software.
Your use of the Software constitutes your binding legal agreement to these Terms, which are subject to change at any time by Boston Ivy Healthcare Solutions (P) Ltd. ("Company"). By registering with our Software, you acknowledge that you have read, understood and agree to be bound by these Terms and the other documents referred to.
The Company reserves the right, at any time and without prior notification, to modify, alter, or update sections of these Terms.
By registering and using the Software you can avail the services offered by the Software, such as estimating required medical supplies. By registering and using the Software, it is hereby agreed by you that the Software only arrives at an approximation of the medical supplies, on the basis of the information uploaded by you, and shall not give the exact amount of such medical supplies required. You are fully responsible for using the Software in a secure manner and for all activities that occur under your account. We will not be liable for any damage or loss caused from any unauthorized account access resulting from your actions, such as not logging out of the account or sharing your account password.
You shall ensure that the account Information provided by you in the Software's registration form is true, complete, accurate and up-to-date. Use of another user's account information for availing the services offered by the Software is expressly prohibited. We reserve the right to refuse registration or cancel an account at any time.
When you use our Software, you agree that the Software may duplicate and store your data, information, files and folders in accordance with the Software's policies and these Terms. As between you and the Software, all information you provide to the Software remains your property.
You are responsible for maintaining and protecting your data in the Software and the Software is not responsible for any loss or corruption to your files or information or for backing up such information.
By registering and using the Software, you represent that you are of legal age, i.e., 18 years and above, to form a binding contract and are not a person barred from receiving services under the laws as applicable in India.
You are solely responsible for your conduct and your data uploaded or otherwise placed into the Software. We are not responsible for the legality and appropriateness of information which you upload to the Software. You agree to indemnify, defend, and hold harmless the Company from any and all loss, cost, liability, and expense arising from or related to your data, your use of the Software, or your violation of these terms.
The services of the Software are made available to you only for your use, which use must be in compliance with all applicable laws, rules and regulations and must not infringe or violate third party rights. We may immediately remove any content or data, or suspend or cancel accounts if we become aware of any misuse or illegal actions associated with an account or user, without any prior notice to you.
The Software and it's structure, organization, source code, and documentation contains various valuable rights of the Company, and accordingly you agree not to (and agree not to allow third parties to):
The Software and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and algorithm and computer code ("Content") of the Software is owned and controlled by the Company and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights
The trademarks, logos and service marks displayed on the Software ("Marks") are the property of the Company or their vendors or respective third parties. You are not permitted to use the Marks without the prior consent of the Company, the relevant vendor or the third party that may own the Marks.
Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, the Company owns all intellectual property rights to and into the trademark "Medikabazaar", and the Software, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
Except as expressly provided herein, you agree that you shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from the Company or third party owner of such Content.Limitation of Liability
To the extent legally permitted, in no event will we be liable to any party for any direct, indirect, incidental, special, exemplary or consequential damages of any type whatsoever, including, without limitation, any lost profits or savings, damage to or loss of data or personal injury, even if we are expressly advised of the possibility of such damages. This exclusion and waiver of liability applies to all causes of action, whether based on contract, warranty, tort (including negligence) or any other legal theories.
You agree to indemnify, defend and hold harmless the Company including but not limited to our officers, directors, employees, agents, contractors, licensors and suppliers from and against any and all losses, expenses, claims, proceedings, damages and costs (including actual, special, direct, indirect, incidental, exemplary or consequential) of every kind and nature asserted against or incurred by the Company that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms. Further, you agree to hold the Company harmless against any claims made by any third party due to, or arising out of, or in connection with, your use of the Software, any claim that your material caused damage to a third party, your violation of the Terms, or your violation of any rights of another, including any intellectual property rights.
You agree that you shall not host, display, upload, modify, publish, transmit, update or share any information on the Software, that
None of the provisions of these Terms or the right to use the Software by the user contained herein or any other section or pages of the Software and/or the linked sites, shall be deemed to constitute a partnership between the user and the Company and no party shall have any authority to bind or shall be deemed to be the agent of the other in any way. It may be noted, however, that if by using the site, the user authorizes the Company and its agents to access third party sites designated by them or on their behalf for retrieving requested information, the user shall be deemed to have appointed the Company and its agents as their agent for this purpose.
These Terms, together with any terms and conditions incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this Software.
You agree that the Company may, in its sole discretion and without prior notice, terminate your access to the Software and block your future access to the Software if the Company determines that you have violated these Terms. You also agree that any violation by you of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to the Company, for which monetary damages would be inadequate, and you consent to the Company obtaining any injunctive or equitable relief that it deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies the Company may have at law or in equity.
These Terms and all transactions entered into on or through the Software and the relationship between you and the Company shall be governed in accordance with the laws of India without reference to conflict of laws principles.
You agree that all claims, differences and disputes arising under or in connection with or in relation hereto the Software, the Terms or any transactions entered into on or through the Software or the relationship between you and the Company shall be subject to the exclusive jurisdiction of the courts at Mumbai, India and you hereby accede to and accept the jurisdiction of such courts.
All inquiries related to the Software about the Terms should be made by emailing to firstname.lastname@example.org