Welcome to DentalNet
Welcome to The DentalNet Platform (DentalNet). These terms and conditions of use ("Terms of Use") set out your rights and responsibilities in your use of the DentalNet Platform.
DentalNet offers to connect and assist registered medical practitioners having a minimum qualification of a M.B.B.S Degree (hereinafter referred to as the "User" or "You"). The platform provides Users with digital tools and services including but not limited to any medical knowledge related activity including continuing medical education ("CME"), patient management, and to facilitate the exchange of knowledge and expert skills amongst Users or amongst Users and third parties including various medical associations, medical institutions, companies termed as Institutional Partners ("IP") and all such services related thereto.
The platform also enables Users to access the latest medical research, contribute videos and share professional details on DocTube, collaborate to provide better healthcare support and engage with the wider community for the betterment of healthcare delivery and channelize a common responsibility from various stakeholders in the industry towards society at large. All these are hereinafter collectively referred to as Services ("Services").
The Services offered through DentalNet and the communication and networking, may be electronic or digital or also in the paper based form or via a representative i.e. through computer or mobile based programs or applications, newsletters, magazines, phone or by personal presence such as seminars, group discussions, etc.
01General Terms
- You may access one or many of the aforesaid Services at a time.
- Your access to Services will be solely at the discretion of DentalNet.
- By using the Services you agree that you have read and understood these Terms of Use and the Privacy Policy and you agree to be bound by these Terms of Use and the Privacy Policy and use the Services in compliance with these Terms of Use and the Privacy Policy. PLEASE READ THESE TERMS OF USE AND THE PRIVACY POLICY CAREFULLY. IF YOU DO NOT AGREE TO BE UNCONDITIONALLY BOUND BY (OR CANNOT COMPLY WITH) ANY OF THE TERMS BELOW OR THE PRIVACY POLICY, PLEASE DO NOT CLICK THE "I AGREE" BOX AND DO NOT ATTEMPT TO USE THE SERVICES.
- DentalNet reserves the right to modify these terms of use at any time and such modifications will be notified to you either by placing a banner notice on the website www.DentalNet.com or in writing on the email address or the mobile number provided by you. If you do not agree to any of the changes, please do not access or use the Services. Your continued use of the Services following the sending of the change notification will mean that you accept the changes to these Terms of Use.
- Any additional terms and conditions, disclaimers, privacy policies and other policies applicable to general and specific areas of these Services is also considered as Terms of Use.
- DentalNet reserves the right to add new functionality, remove existing functionality, and modify existing functionality to its Services as and when it deems fit, and make any such changes available in newer versions or all of these at its discretion. DentalNet reserves the right to automatically upgrade You to the latest version of its Services as and when it deems fit.
- Any violation of these Terms of Use may result in legal liability upon you.
- It is clarified that the Privacy Policy (that is provided separately), forms an integral part of these Terms of Use and should be read contemporaneously with the Terms of Use.
- Illegality or unenforceability of one or more provisions of these Terms of Use shall not affect the legality and enforceability of the other terms of the Terms of Use. For avoidance of doubt, if any of the provisions becomes void or unenforceable, the rest of the provisions of these Terms of Use shall be binding upon the User.
YOUR USE OF THE SERVICES MEANS YOU ARE CONSENTING TO THIS AGREEMENT.
02User's Eligibility
- For the purpose of these Terms of Use, wherever the context so requires, the term "User" shall mean and include any natural or legal person who has agreed to these Terms of Use on behalf of itself or any other legal entity.
- You must be a registered medical User having a minimum qualification of a M.B.B.S Degree to register and use these Services in any manner. By registering, or accepting this Agreement, you represent and warrant to DentalNet that you are a registered medical User having a minimum qualification of a M.B.B.S Degree and that you have the right, authority and capacity to use the Services and agree to and abide by this Agreement.
- You also represent and warrant that you are not a person barred from receiving the Services under the laws of India or other countries including the country in which you are resident or from which you use the Services.
- This is in a form of a self-declaration and DentalNet does not independently verify the accuracy and correctness of the information provided by You.
- DentalNet reserves right to deny access to any User for any reason.
- Multiple Users are not permitted to share the same/single login.
03Governing Law
The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:
- the Indian Contract Act, 1872,
- the (Indian) Information Technology Act, 2000, and
- the rules, regulations, guidelines and clarifications framed thereunder, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the "SPI Rules"), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the "IG Rules").
04Title and Ownership
- You acknowledge and agree that DentalNet (or DentalNet's licensors) owns all legal and proprietary right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
- The contents of the Services, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Services (collectively, "DentalNet Content"), are the property of DentalNet and are protected under copyright, trademark and other laws. User acknowledges and undertakes not to modify the DentalNet Content or reproduce, display, publicly perform, distribute, or otherwise use the DentalNet Content in any way for any public or commercial purpose or for personal gain.
- You further acknowledge that the Services may contain information which is designated confidential by DentalNet and that you shall not disclose such information without DentalNet's prior written consent.
- Unless you have agreed otherwise in writing with DentalNet, nothing in the Terms of Use gives you a right to use any of DentalNet's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
- Unless you have been expressly authorized to do so in writing by DentalNet, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized User of such marks, names or logos.
- That all data, information, inventions, intellectual properties (including patents, trademarks, copyrights, design and trade secrets), know-how, new uses and processes, and any other intellectual property right, asset or form, including, but not limited to, analytical methods, procedures and techniques, research, procedure manuals, financial information, computer technical expertise, software for the purpose of availing of services of DentalNet and any updates or amendments thereto is and shall be the sole intellectual property of DentalNet and should in no way be construed to grant any rights and/or title to the User in such intellectual property of DentalNet.
- The Platform may contain content contributed by third parties, including experts in the medical field, other users, third parties or by Institutional Partners. You hereby grant to any other User of the Service a worldwide, non-exclusive, royalty-free license to access your Content through the Service.
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Your content on DocTube:
- By accepting these terms and conditions you have given an unconditional permission to use your name, profile picture and information with your DocTube videos which may be accompanied by ads and sponsored or commercial content without any compensation to You.
- You retain ownership of the intellectual property rights in any such content that you create and share on DocTube or any other Services offered by DentalNet.
- You may upload a video on DocTube as per the technical guidelines of DocTube.
- You shall not use DocTube to do or share anything that:
- Includes any advertisement or a brand name or a trade name of a Pharmaceutical Company or any other entity.
- violates the law or any covenants/intermediary guidelines detailed in Clause 8 hereinbelow.
- That is unlawful, misleading, discriminatory or fraudulent (or assists someone else in using our Products in such a way).
- That you do not own or have the necessary rights to share.
- That infringes or violates someone else's rights, including their intellectual property rights such as by infringing another's copyright or trademark.
- You shall not upload viruses or malicious code, use the services to send spam, or do anything else that could disable or interfere with, or impair the proper working, operation, or appearance of DentalNet's services or Systems.
- You shall not collect any data directly or indirectly from DocTube except as may be provided to you by DentalNet or its related entities from time to time.
- DentalNet may remove or restrict access to content that is in violation of these provisions or suspend or disable your account without any prior intimation to you. DentalNet may remove or restrict such content without offering any explanation to you.
05User's Representations and Warranties
- You (User) undertake to:
- Provide true, accurate, correct and complete information which you are required to provide when you register and
- Notify DentalNet immediately of any changes to the Personal Information
- You agree not to - impersonate any other person or entity or to use a false name or a name that you are not authorised to use
- User shall not transfer (including by way of sublicense, lease, assignment or other transfer, including by operation of law) their log-in or right to use the Services to any third party. Any violation of the terms and/or conditions of this Agreement by any such third party shall be deemed to be a violation thereof by you, the User.
- You agree that you will not use the Services provided by DentalNet for any unauthorized and unlawful purpose.
- You agree to use the Services only for purposes that are permitted by (a) the Terms of Use and (b) any applicable law, regulation and generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from India or other relevant countries.
- You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by DentalNet, unless you have been specifically allowed to do so in a separate agreement with DentalNet.
- You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
- You agree that you will not reproduce, duplicate, copy, transfer, license, rent, sell, trade or resell the Software or any other Services for any purpose whatsoever.
- You expressly acknowledge and agree that your use of the Services is at your sole risk and that the Services are provided "as is" and "as available".
- You agree that this Agreement and the Services of DentalNet are subject to any modification, or may be removed by DentalNet, as a result of change in government regulations, policies and local laws as applicable.
- You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any log-in you use to access DentalNet.
- Your use of each Service confers upon you only the rights and obligations relating to such service that you have chosen and not to any other service or services that may be provided by DentalNet.
- You shall not access the Services of DentalNet if You or the organization that he/she/it represents is DentalNet's direct competitor, except with DentalNet's prior written consent.
- You shall not access the Services for purposes of monitoring the availability, performance or functionality, or for any other benchmarking or competitive purposes of the Services of DentalNet.
- You shall not deliberately use the Services of DentalNet in any way that is harmful or harms DentalNet, its directors, employees, affiliates, distributors, partners, service providers and/or any user and/or data or content on the platform.
- By accepting the Terms and Conditions, you give your unconditional consent to receive SMS, WhatsApp, RCS, Email, Calls, Telegram, and other communication channel communications from DentalNet on your registered mobile number and the email address provided by you.
06Provision of Services Offered by DentalNet
DentalNet DOES NOT OFFER ANY PROFESSIONAL OR MEDICAL ADVICE. THE INFORMATION PROVIDED BY DentalNet IS ON AN "AS-IS" AND "AS AVAILABLE" BASIS.
- The information on DentalNet is provided for general medical education purposes meant for registered medical practitioners only. The activity is not meant to substitute for the independent medical judgment of a physician relative to diagnostic and treatment options of a specific patient's medical condition. The viewpoints expressed in CME activities are those of the Users, authors or of IPs. They do not represent an endorsement by DentalNet or the Sponsors. In no event will DentalNet, the Sponsors or, the authors/faculty be liable for any decision made or action taken in reliance upon the information provided through any CME activities. All CME are recorded to be used for research & information purposes only. Users may independently verify the information provided by authors or experts such as IP on the platform.
- The information on DocTube is provided by You/registered medical practitioners for the general public and are in the public domain. The content on DocTube is meant for informational and educational purposes only and does not constitute medical advice. Accessing content on DocTube does not create or establish a Doctor – Patient relationship between the registered medical practitioner and the viewer/user. The content on DocTube is not meant as a substitute for the independent medical judgment of a registered medical practitioner. The content/videos on DocTube are those of the registered medical practitioners. They do not represent an endorsement by DentalNet, its associates or the Sponsors. In no event will DentalNet, its associates or the Sponsors be liable for any decision made or action taken based upon the information provided through DocTube.
- Notwithstanding anything to the contrary contained herein, DentalNet does not warrant that its Services will always function without disruptions, delay or errors. A number of factors may impact the use of the Services (depending on the Services used) and may result in the failure of your communications including but not limited to: your local network, firewall, your internet service provider, the public internet, your power supply and telephony services. DentalNet takes no responsibility for any disruption, interruption or delay caused by any failure of or inadequacy in any of these items or any other items over which we have no control.
- You shall agree that DentalNet is not responsible and will not be held liable for the any failure of third party intermediary services such as, internet connectivity failure or telephonic disconnections.
- Notwithstanding anything to the contrary contained herein, the User alone shall be liable for the User's dealings and interaction with patient, his/her representatives or affiliates. This agreement is only between DentalNet and You and hence DentalNet is in no way liable or responsible for your patient in any manner whatsoever and you are solely responsible to manage your relationship with the patient and comply with all applicable rules, laws and regulations in respect of the doctor-patient relationship between You and the patient.
- DentalNet does not guarantee or make any representation with respect to the correctness, completeness or accuracy of the information or detail provided by Users, authors, IPs or any third party through the Services.
- Please note that DentalNet (i) does not recommend or endorse any contributor, User, or IPs and (ii) does not make any representations or warranties with respect to any contributor, User or IPs or the quality of healthcare services they may provide, and (iii) does not grade any contributor, User or IPs.
- The Services are not intended for and must not be used for emergency purposes such as emergency appointments, emergency healthcare procedures or any other emergency situations.
- DentalNet may, at its sole discretion, suspend User's ability to use or access the Services at any time while DentalNet investigates complaints or alleged violations of this Agreement, or for any other reason.
- DentalNet reserves the right to use all information captured in its Services in anonymized form for the purpose of its Services improvements, and providing analytics and businesses intelligence to the third parties. On the basis of such information, DentalNet tries to make its Services more useful in following way:
- Promotion of new Services;
- Analyzing software usage patterns for improving the Services, design and utility;
- Analyzing anonymized End-Users information for research and development of new technologies and any other Services offerings.
- Certain Services (including ancillary Services) may be subject to additional limitations, restrictions, terms and/or conditions specific to such Software ("Specific Terms"). In such cases, the applicable Specific Terms will be and your access to and use of the relevant Services will be contingent upon your acceptance of and compliance with such additional Specific Terms.
- Any communication sent by the User to its clients or customers or Patient (whether or not End-Users) based on information collected by the User of its clients or customers will be sole responsibility of the User. The User must ensure accuracy of such communication sent, and must ensure that it is sent to the intended recipient.
- Any communication sent by or through DentalNet to the clients/customers/Patients (whether or not End-Users) of a particular User is based solely on information uploaded by such User on the DentalNet Platform. The accuracy and completeness of such information (including but not limited to contact details of the client or customer) is the sole responsibility of the User. DentalNet will not be responsible for the incompleteness or inaccuracy such information, including if as a result of such inaccuracy, a communication is sent to an unintended recipient.
- Some of the activities on the DentalNet platform may be sponsored. DentalNet at the request of a Sponsor, may share your details such as name, location, recording of the session and session feedback for research & information purposes only.
07Information Disclaimer
DentalNet does not monitor any content/information provided by the Users on the Platform including DocTube. You shall ensure that You comply with the directions given hereinbelow and that you do not provide any content/information on the Platform that may be inappropriate, defamatory, illegal, tortious or that otherwise infringes the rights of others or of DentalNet.
You are solely responsible for your content and other information provided by you on the Platform. Any user of the Platform sharing or posting information on the Platform shall be solely responsible for the truthfulness, accuracy, legitimacy, and legality of such information and DentalNet bears no liability or responsibility in this regard.
In case of sensitive information, you must take utmost care before making it available to other users of the Platform. DentalNet reserves the right to remove any and all content in violation of this requirement, and also reserves the right to suspend, delete or deactivate the User's Account or refuse any service provided by DentalNet to such User.
08Covenant / Intermediary Guidelines
DentalNet does not have any obligation to pre-screen or monitor user content and has no liability in respect of the content posted by the Users on the platform. However, DentalNet reserves the right to remove the User generated Content if the same violates any of the terms and conditions of this Agreement. DentalNet shall take reasonable efforts to inform the User who has posted such content.
Without limiting the generality of these Terms of Use, in using the Services, You specifically agree not to post any content (including reviews, information, updates etc.) or do such acts that, in DentalNet's sole discretion:
- is misleading or misrepresentative in any way;
- is harmful, threatening, abusive, harassing, tortious, indecent, defamatory, discriminatory, vulgar, profane, obscene, libelous, hateful, politically sensitive or otherwise objectionable, invasive of another's privacy, relating or encouraging sedition, money laundering or gambling; Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- violates any third-party right, including, but not limited to, right of privacy, right of publicity, copyright, trademark, patent, trade secret, or any other intellectual property or proprietary rights;
- interferes with another user's use and enjoyment of the Service(s);
- deceives or misleads the addressee about the origin of such messages;
- communicates any information which is grossly offensive or menacing in nature;
- tracks another User's personal information;
- accuses others of illegal products, or describes physical confrontations;
- constitutes a form of deceptive advertisement or causes, or is a result of, a conflict of interest;
- distributes computer viruses or other code, files, or programs that interrupt, destroy, or limit the functionality of the DentalNet Platform or any other users;
- decompiles, reverse engineers, disassembles or otherwise attempts to derive source code from the Service and removes, circumvents, disables, damages or otherwise interferes with security-related features, or features that enforce limitations on use of the Service;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the DentalNet Platform;
- 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;
- encourage criminal conduct or which may give rise to a civil liability or which is unlawful;
- harms minors in any way;
- violates any law for the time being in force;
- Links directly or indirectly to or include descriptions of goods or website or Services that are prohibited under the prevailing law;
- Otherwise create any liability for this Service, DentalNet or its affiliates;
- belongs to another person and to which the User does not have any right to;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam mail, chain letters or any other form of solicitation.
The User is also prohibited from:
- violating or attempting to violate the integrity or security of the Services or any DentalNet Software;
- intentionally submitting on the Services any incomplete, false or inaccurate information;
- making any unsolicited communications to other Users;
- using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Service;
- attempting to decipher, decompile, disassemble or reverse engineer any part of the Services unless explicitly permitted by DentalNet;
- copying or duplicating in any manner any of the DentalNet content or other information available from the Service;
- framing or hotlinking or deeplinking any DentalNet content;
- circumventing or disabling any digital rights management, usage rules, or other security features of the Software.
09License to DentalNet
- By providing any Content to the Service including DocTube, you grant to DentalNet a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use that Content (including to reproduce, distribute, prepare derivative works, display and perform it). DentalNet may only use that Content, in full or part, in connection with the Service and DentalNet's (and its successors' and Affiliates) business, including for the purpose of promoting and redistributing part or all of the Service.
- For clarity, this license does not grant any rights or permissions for a User to make use of your Content independent of the Service.
- Duration of License: The licenses granted by you continue for a commercially reasonable period of time after you remove or delete your Content from the Service. You understand and agree, however, that DentalNet may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted.
- Right to Monetise: To support DentalNet in offering this educational platform free to doctors, you grant to DentalNet the right to monetise by any manner whatsoever, including display advertisements on and around your Content on the Service including content on DocTube (such monetization shall be decided solely by DentalNet and may include displaying ads on or within Content). This Agreement does not entitle you to any payments unless and otherwise specified separately by DentalNet through a written agreement.
- Removing Your Content: You may remove your Content from the Service at any time. You also have the option to make a copy of your Content before removing it. You must remove your Content if you no longer have the rights to the Content, as required by these terms.
- Removal of Content By DentalNet: If we reasonably believe that any of your Content (1) is in breach of this Agreement or (2) may cause harm to DentalNet, our users, or third parties, we reserve the right to remove or take down that Content in accordance with applicable law. We will notify you with the reason for our action unless we reasonably believe that to do so: (a) would breach the law or the direction of a legal enforcement authority or would otherwise risk legal liability for DentalNet or our Affiliates; (b) would compromise an investigation or the integrity or operation of the Service; or (c) would cause harm to any user, other third party, DentalNet or our Affiliates.
- DentalNet shall be entitled to preserve such information and associated records for a reasonable period as per its data retention policy or for compliance with the directions of governmental or investigative authorities.
10Indemnity
- The User shall indemnify and hold DentalNet and DocTube, their subsidiaries, affiliates, promoters, directors, employees, contractors, licensors and agents and any other related or third parties involved with DentalNet and DocTube in any manner whatsoever, harmless from and against all losses arising from claims, demands, actions or other proceedings as a result of:
- violation of or breach of the terms and conditions of this Agreement
- infringement of any intellectual property or other right of any person or entity
- Fraud, negligence and willful misconduct by the User in the use of the Services;
- Violation of applicable laws in the use of the Services and/or in the conduct of the business of the User
- Breach of the User's confidentiality obligations under these Terms of Use;
- Penalties, fines, charges, or any other actions as a result of breach or violation of any the User's representations and warranties;
- DentalNet will notify you promptly of any such claim, loss, liability, or demand, and in addition to your foregoing obligations, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
11Exclusion of Warranties
- You expressly understand and agree that your use of the Services is at your sole risk and that the Services are provided on an "as is" and "as available" basis.
- You expressly understand and agree that any interaction and conversation between you and the IP on the DentalNet Platform is strictly between You and the IP and DentalNet is neither privy to the conversation or its content, nor has any control over it. You are solely responsible for the usage of the said content and the consequences arising therefrom. Any decisions taken by you based on the basis of the said content is at your sole discretion and risk.
- In particular, DentalNet, its subsidiaries and affiliates, and its licensors do not represent or warrant to you that:
- The information or Contents provided on the Platform are accurate, complete and updated;
- Your use of the Services will meet your requirements;
- Your use of the Services will be uninterrupted, timely, secure or free from error;
- Any information obtained by you as a result of your use of the Services will be accurate or reliable; and
- That defects in the operation or functionality of any software provided to you as part of the Services will be corrected.
Any material downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.
No advice or information, whether oral or written, obtained by you from DentalNet or from the use of Services shall create any warranty not expressly stated in these Terms of Use.
DentalNet further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.
12Limitation of Liability
Subject to the overall provisions stated above, you expressly understand and agree that DentalNet, its subsidiaries, affiliates, promoters, directors, employees, agents and licensors shall not be liable to you for:
- Any direct, indirect, incidental, special, consequential, punitive or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or Services, or other intangible loss;
- Any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of any reliance placed by you on the completeness, accuracy or existence of any user generated information, or as a result of any relationship or transaction between you and any other User of the Services;
- The deletion of, corruption of, or failure to store, any content and other data maintained or transmitted by or through your use of the Services;
- Your failure to provide DentalNet with accurate information; or
- Your failure to keep your password or account details secure and confidential.
The limitations on DentalNet's liability to you shall apply whether or not DentalNet has/had been advised of or should have been aware of the possibility of any losses to you.
13Term, Termination and Disputes
- This Agreement will remain in full force and effect while the User is a user of any of the Services in any form or capacity.
- The User can request for termination of his/her/its membership with DentalNet at any time by providing 30 (thirty) days' prior written notice at support@DentalNet.com.
- DentalNet reserves the right to terminate any account in cases where:
- A User breaches any terms and conditions of this terms of use or privacy policy;
- DentalNet is unable to verify or authenticate any information provide to DentalNet by a User; or
- DentalNet believes in its sole discretion that User's actions may cause legal liability for such User, other Users or for DentalNet or are contrary to the interests of the Service.
- Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Services under the same account, a different account or re-register under a new account, unless explicitly permitted by DentalNet. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other content kept on the Services by such User. The User shall ensure that he/she/it maintains has continuous backup of any User-provided content, data or information on the Service, in order to comply with his/her/its record keeping process and practices. Nothing contained in these Terms of Use shall restrict DentalNet's use of the data or right to publish information made available by a User in the public domain through the Services or any other platform managed by DentalNet after the termination or expiry or cessation of operation of these Terms in relation to a specific User.
- Return of User's Data: Upon request by a User, made within 30 (thirty) days after the effective date of termination of the Services, DentalNet will make available to the User for download a copy of such User's data in comma separated value (.csv) format or any other format as determined by DentalNet. After such 30 (thirty) days period, DentalNet shall have no obligation to maintain or provide any of such User's data and shall thereafter, unless legally prohibited, retain the option to delete all User's data in its systems or otherwise in its possession or under its control. In cases where User terminates the agreement voluntarily, it will be the sole responsibility of the User to make a copy of their data before terminating the agreement. Users data will not be available after termination of Agreement in such cases.
- DentalNet reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of the User's content from the Services and immediate termination of the User's account with or without ability to access the Softwares, upon any breach by the User of this Agreement or if DentalNet is unable to verify or authenticate any information the User submits to DentalNet, or if the User fails to provide (or after providing such consent, later revokes) the consents necessary or desirable for DentalNet to provide the Services to the User.
- This Agreement and any contractual obligation between DentalNet and User will be governed by the laws of India, subject to the exclusive jurisdiction of Courts in Mumbai, India.
- Even after termination, certain obligations mentioned under Covenants, Liability, Indemnity, Intellectual Property, Dispute Resolution will continue and survive termination.
- Any amendment in these Terms shall replace all previous versions of the same.
14Theft of Services
You agree to notify DentalNet immediately, in writing or by mail to support@DentalNet.com or by calling DentalNet Customer Care on +918880588999, if your content is stolen or if you become aware at any time that your account with any Service is being misused or being used fraudulently.
When you call or write, you must provide your account details and a detailed description of the circumstances of the theft or fraudulent use of the Services. Failure to do so promptly or within a reasonably prompt time period after discovery of the improper use may result in the termination of your Services and additional charges to you.
You will be liable for all use of the Services if your account is misused and also for any and all stolen Services or fraudulent use of the Service. This includes, but is not limited to, modem hijacking, wireless hijacking, or other fraud arising out of a failure of your internal or corporate security procedures. DentalNet will not issue refunds for fraudulent use resulting from your negligent or wilful acts or those of an authorized User of your Services.
15Misuse of Services
DentalNet may restrict, suspend or terminate the account of any User who abuses or misuses the Services. Misuse includes illegal, wrongful or fraudulent activity or creating multiple or false profiles, infringing any intellectual property rights, violating any of the terms and conditions of these Terms of Use, or any other behavior that DentalNet, in its sole discretion, deems contrary to its purpose.
In addition, and without limiting the foregoing, DentalNet has adopted a policy of terminating accounts of Users who, in DentalNet's sole discretion, are deemed to be repeat infringers of any Terms of Use even after being warned by DentalNet. DentalNet reserves the right to inform the relevant government or law enforcement authorities of any such unlawful or fraudulent activities and will co-operate with the investigation fully.
16Severability and Waiver
If any provision of this terms of use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
17Contact Information
- If any User has any question, issue, complaint regarding any of our Services, please contact our customer service at support@DentalNet.com.
- If a User has any questions concerning DentalNet, the Service, this Agreement, or anything related to any of the foregoing, DentalNet can be reached at the following email address support@DentalNet.com.
18Force Majeure
DentalNet shall not be liable for any downtime or delay or unavailability of the Platform caused by circumstances beyond its reasonable control, including without limitation, acts of God, acts of Government, floods, fires, earthquakes, civil unrest, acts of terror, state-wide/national/international shutdowns (such as due to pandemic), strikes or other labour problems, internet service provider failures or delays or denial of service attacks.
19Advertisement
DentalNet shall have the right to place advertisements and publicity materials of its choice, including that pertaining to parties other than itself for commercial use through electronic means on the Platform.
20Complete Understanding
The Agreement contains the entire understanding of the Parties, and there are no other written or oral understandings or promises between the Parties with respect to the subject matter of the Agreement other than those contained or referenced in the Agreement.
21Assignment
You may not assign or sub-license, without the prior written consent of DentalNet, the rights, duties or obligations under this Agreement, in whole or in part, to any person or entity.
This Agreement is an electronic record in terms of Information Technology Act, 2000 and generated by a computer system and does not require any physical or digital signatures. This Agreement is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of the Services.