Who we are
Our website address is: https://shop.medimagic.com.
These terms and conditions are applicable on and after 07-11-2020
Welcome to the Medimagic’s terms and condition. These terms and conditions (“Terms and Conditions”), are between Medimagic and you, (hereinafter referred to as “You” or “Your” or “User(s)”). By accessing our website (“Website”) and/or our app ‘Medimagic Educate’ and/or ‘Medimagic Learners’ (“Apps”), Website, Apps and other tools used on these platforms together shall be referred to as “Medimagic Platform”, you agree to be bound by the provisions of these Terms and Conditions.
A. About Medimagic
The domain name, Website and the Apps are owned, registered and operated by Vinformax Dimensions Technologies Private Limited, a private company incorporated under the (Indian) Companies Act, 2013, and having its registered office at 293, Bekkarale Complex, 6th Main, 11th Block, Nagarbhavi 2nd Stage Bangalore Bangalore KA 560072, (hereinafter referred to as “Medimagic” or “ us” or “we” or “our” or “Company”), with CIN U92400KA2011PTC059202.
B. Medimagic Platform
- These Terms and Conditions apply to all Users of the Medimagic Platform, including content writers who are also contributors of User Content on the Medimagic Platform. The Medimagic Platform includes all aspects of the Website and Apps which includes but is not limited to products, software and service offered via the Medimagic Platform, such as the Medimagic learning tool (LMS), Medimagic Basic, Medimagic Lite, Medimagic Pro – Subscription, Steroscopic 3D, MediMagic Merchandise Store and any other service or application that Medimagic introduces from time to time.
- Medimagic Platform is an online platform that supports and facilitates the online creation of educational videos/or tutorials, for the Users of the Medimagic Platform and acts as an interface between the educator and the User.
- You agree and acknowledge that Medimagic shall have the right at any time to change or discontinue any aspect or feature of the Medimagic Platform, including, but not limited to, the User Content, hours of availability and equipment needed for access or use. Further, Medimagic may discontinue disseminating any portion of information or category of information may change or eliminate any transmission method and may change transmission speeds or other signal characteristics. Medimagic reserves the right to refuse access to the Medimagic Platform, terminate Accounts, remove or edit contents without any notice to You.
C. Medimagic Accounts
In order to access some of the features of the Medimagic Platform, you may have to create your account with Medimagic. You agree and confirm that you will never use another User’s account nor provide access to your account to any third-party. When creating your account, you confirm that the information so provided is accurate and complete. Further, you agree that you are solely responsible for the activities that occur on your account, and you shall keep your account password secure and not share the same with anyone. You must notify Medimagic immediately of any breach of security or unauthorized use of your account. At no point in time will Medimagic be liable for any losses caused by any unauthorized use of your account, you shall solely be liable for the losses caused to Medimagic or others due to such unauthorized use, if any.
Medimagic takes no responsibility for any User Content that is uploaded on the Medimagic Platform, and further, the User shall be solely responsible for his or her own actions in utilizing such User Content and availing the Medimagic Platform provided herein.
Medimagic holds the right to audit the commercial licence sold to any group / company / educational institution / college / individual or any other person and in case it is found that such person is using assigned user names on more than licenced machines, then in such case that person shall have to procure such additional licence and may face legal action as felt necessary by Medimagic.
D. Access, Permissions and Restrictions
Medimagic hereby grants you permission to access and use the Medimagic Platform as set forth in these Terms and Conditions, provided that:
- You agree not to distribute in any medium any part of the Medimagic Platform or the content without Medimagic’s prior written authorization.
- You agree not to alter or modify any part of the Medimagic Platform.
- You agree not to access content of any other User through any technology or means other than the video playback pages of the Medimagic Platform itself.
- You agree not to use the Medimagic Platform for any of the following commercial uses unless you obtain Medimagic’s prior written approval:
- the sale of access to the Medimagic Platform;
- the sale of advertising, sponsorships, or promotions placed on or within the Medimagic Platform or content; or
- the sale of advertising, sponsorships, or promotions on any page or website that provide similar Platform as that of Medimagic.
- You agree to receive installs and updates from time to time from Medimagic. These updates are designed to improve, enhance and further develop the Medimagic Platform and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Medimagic to deliver these to you) as part of your use of the Medimagic Platform.
- You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Medimagic Platform in a manner that sends more request messages to Medimagic’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Medimagic grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Medimagic reserves the right to revoke these exceptions either generally or in specific cases at any time with or without providing any notice in this regard. You agree not to collect or harvest any personally identifiable information, including account names, from the Medimagic Platform, nor to use the communication systems provided by the Medimagic Platform (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any Users of the Medimagic Platform with respect to User Content.
- You may post reviews, comments and other content; send other communications; and submit suggestions, ideas, comments, questions or other information as long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringement of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any other form of spam.
- In your use of the Medimagic Platform, you will at all times comply with all applicable laws and regulations.
- Medimagic reserves the right to discontinue any aspect of the Medimagic Platform at any time with or without notice at its sole discretion. In case of sale of bulk licence, user will be given one month notice.
E. Content Use
In addition to the general restrictions mentioned above, the following limitation and conditions shall apply to your use of the Content.
- Medimagic Content utilized on the Medimagic Platform which shall include but not be limited to trademarks, service marks and logos (“Marks”), process, images, software, graphics are owned by or licensed to Medimagic and subject to copyright and other intellectual property rights under the law.
- User Content is provided to you on an AS IS basis. You may access Content for your information and personal use solely as intended through the provided functionality on the Medimagic Platform and as permitted under these Terms and Conditions. You shall not download any User Content unless you see a “download” or similar link displayed by Medimagic on the Medimagic Platform for that User Content. You shall not copy, reproduce, make available online or electronically transmit, publish, adapt, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any User Content for any other purposes other than as provided herein without the prior written consent of Medimagic or the respective licensors of the User Content. Medimagic and it is licensors reserve all rights not expressly granted in and to the Medimagic Platform and the User Content.
- You agree not to circumvent, disable or otherwise interfere with security-related features of the Medimagic Platform or features that prevent or restrict use or copying of any User Content or enforce limitations on use of the Medimagic Platform or the User Content therein.
- You understand that when using the Medimagic Platform, you will be exposed to Content from variety of sources and by different content writers, and that Medimagic is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Medimagic with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Medimagic, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Medimagic Platform.
F. Medimagic – Subscription
Please refer to Medimagic Name of subscription – Subscription terms and conditions to know more about the terms that shall govern your subscription. Medimagic Plus – Subscription is exclusive for the Users who have subscribed the same. You shall not give any unauthorized access or distribute or reproduce the Educational Content (as defined in the Subscription terms and conditions) to a third party.
In the event that Medimagic becomes aware of any Users giving unauthorized access to any third party or distributing or reproducing any Educational Content to or any third-party channel or media, Medimagic reserves the right to suspend or terminate the said User’s account with immediate effect.
Medimagic may sell bulk licences to colleges / university / body corporates etc, such terms and conditions will be as is attached plus other terms that might be negotiated at time of finalising the licences.
G. Medimagic Intellectual Property Right
The Medimagic Platform, 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 computer code on the Medimagic Platform is owned and controlled by Medimagic and the design, structure, selection, coordination, expression, look and feel and arrangement of such content mentioned hereinabove is protected by copyright, patent and trademark laws, and various other national and international IPR laws and regulations. For clarity, content in the above sentence shall not include User / third party Content.
Unless otherwise indicated or anything contained to the contrary, or any proprietary material owned by a third-party and so expressly mentioned, Medimagic owns all IPR to and into the trademark “MEDIMAGIC”, Medimagic Basic, Medimagic Lite, Medimagic Pro, and the Medimagic Platform.
The mark “ Medimagic” is the sole property of Medimagic. Reproduction in whole or in part of the same is strictly prohibited unless used with an express written permission from Medimagic.
H. Electronic Communication
When you visit Medimagic Platform or send email to us, you are communicating with us electronically. By communicating with us, you consent to receive communication from us electronically. We will communicate with you by email or posting notices on Medimagic Platform. You agree that all agreements, notices, disclosures, disclaimers, offers and other communications that are provided to you electronically satisfy any legal requirement that such communication should be in writing.
I. Termination of Account
- Medimagic will terminate a User’s access to the Medimagic Platform, if
- At the end of subscription period (if not on auto renewal mode)
- the User is a repeat copyright infringer;
- the Users breaches any terms of these Terms and Conditions.
- Violation of any applicable laws;
- your use of the Medimagic Platform disrupts our business operations or affects any other party/ User; or
- you have behaved in a way, which objectively could be regarded as inappropriate or unlawful or illegal or which would bring any claims against Medimagic.
- Medimagic reserves the right to decide whether Content violates these Terms and Conditions for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length or any other parameter that Medimagic deems fit from time to time. Medimagic may at any time, without prior notice and in its sole discretion, remove such User Content and/or terminate a User’s account for submitting such material in violation of these Terms and Conditions.
- We may suspend access to the Medimagic Platforms or require You to change Your password if we reasonably believe that the Medimagic Platforms have been or are likely to be misused, and we will notify You accordingly. Any termination of Your registration and/or Account or the Medimagic Platforms will not affect liability previously incurred by You.
J. Copyright Infringement
- Medimagic operates a clear copyright policy in relation to any User Content alleged to infringe the copyright of a third party.
- As part of Medimagiccopyright policy, Medimagic will terminate User access to the Medimagic Platform if a User has been determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice.
- If you believe that your work has been copied in a way that constitutes copyright infringement, please refer to the instructions given in the copyright policy on how to make a claim of copyright infringement.
- Notice of Copyright Infringement:
- Pursuant to provisions of the Indian Copyright Act, 1952 read with the Information Technology Act of 2000, we an intermediary, allow general public to post content on our platform. We have implemented procedures for receiving written notification of claimed infringements on the User Content uploaded on Medimagic Platform. We have also designated an agent to receive notices of claimed copyright infringement. If you believe in good faith that your copyright has been infringed, you may provide us with a written communication which contains:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the Medimagic Platform, including the educator name, topic and any other detail identifying the infringing content;
- Your email address, your physical address and telephone number;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Please submit your notice to our Copyright Agent as follows:
Email us at firstname.lastname@example.org
You will not without obtaining prior written consent of Medimagic, disclose to third party any Confidential Information (as defined below) that is disclosed to you during the term of your use of the Medimagic Platform.
For the purpose of this clause Confidential Information shall include but shall not be limited to employee details, User list, business model, processes, ideas, concepts etc. relating to Medimagic or Medimagic Platform which are not available in the public domain. You acknowledge and agree that the Confidential Information so provided to you shall at all time be the property of Medimagic and any breach of the same shall cause irreparable damage to us.
All the content on Medimagic platforms will have necessary watermarks of the user for identification at time of leakage or intent of fraud shown my any user. At such time user cannot deny such watermark of his / her user name and hence will take full responsibility of all the activities happening under his / her user name
YOU AGREE THAT YOUR USE OF THE MEDIMAGIC PLATFORM SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, MEDIMAGIC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS EXCLUDE ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE MEDIMAGIC PLATFORM AND YOUR USE THEREOF. TO THE FULLEST EXTENT PERMITTED BY LAW, MEDIMAGIC EXCLUDES ALL WARRANTIES, CONDITIONS, TERMS OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE USER CONTENT OR THE CONTENT OF ANY SITES SO LINKED AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF USER CONTENT OR ANY CONTENT ON MEDIMAGIC, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE MEDIMAGIC PLATFORM, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE MEDIMAGIC PLATFORM, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE MEDIMAGIC PLATFORM BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY USER CONTENT OR ANY OTHER CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE
USE OF ANY USER CONTENT OR ANY OTHER CONTENT THAT IS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MEDIMAGIC PLATFORM. MEDIMAGIC DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY USER CONTENT OR MEDIMAGIC PLATFORM ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE MEDIMAGIC PLATFORM OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND MEDIMAGIC WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF USER CONTENT OR SERVICES. AS WITH THE PURCHASE OF A SUBSCRIPTION OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
M. Limitation of Liability
To the fullest extent permitted by law, in no event shall medimagic, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, losses or expenses or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of user content or any other content available at medimagic, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our medimagic platforms, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the medimagic platform, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our medimagic platforms by any third party, and/or (v) any errors or omissions in any user content or any other content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the medimagic platform, whether based on warranty, contract, tort, or any other legal theory, and whether or not medimagic is advised of the possibility of such damages.
We understand that, in some jurisdictions, warranties, disclaimers and conditions may apply that cannot be legally excluded, if that is true in your jurisdiction, then to the extent permitted by law, medimagic limits its liability for any claims under those warranties or conditions to either supplying you the medimagic platforms again.
You specifically acknowledge that medimagic shall not be liable for user content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
The medimagic platform is controlled and offered by medimagic from its facilities in India. Medimagic makes no representations that the medimagic platform is appropriate or available for use in other locations. Those who access or use the medimagic platform from other jurisdictions do so at their own volition and are responsible for compliance with local law.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Medimagic, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Medimagic Platform; (ii) your violation of any term of these Terms and Conditions; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that your User Content caused damage to a third party; or (v) violation of any applicable laws. This defence and indemnification obligation will survive these Terms and Conditions and your use of the Medimagic Platform.
O. Eligibility to use and Acceptance of the Terms and Conditions
You affirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions. If you are under 18 years of age, then please talk to your parents or guardian before using the Medimagic Platform.
Medimagic reserves the right to refuse access to use the Medimagic Platforms to any Users or to suspend and/or terminate access granted to existing registered Users at any time without according any reasons for doing so.
We provide these Terms and Conditions with our Medimagic Platform so that you know what terms apply to your use. You acknowledge that we have given you a reasonable opportunity to review these Terms and Conditions and that you have agreed to them. You agree and acknowledge that your use of the Medimagic Platform is subject to the most current version of the Terms and Conditions made available on the Medimagic Platform at the time of such use.
With accepting these terms and conditions, you agree to receive any communication from our side in form of text message / WhatsApp message / social media message / emails even if your mobile number belongs to a DND list.
P. Force Majeure
Medimagic shall not be liable for failure to perform, or the delay in performance of, any of its obligations if, and to the extent that, such failure or delay is caused by events substantially beyond its control, including but not limited to acts of God, acts of the public enemy or governmental body in its sovereign or contractual capacity, war, terrorism, floods, fire, strikes, epidemics, civil unrest or riots, power outage, and/or unusually severe weather or any event beyond its control (example: tsunami) .
Q. Information Technology Act
You are advised not to post any information or messages that are, or that may be construed, as being malicious , defamatory, inappropriate, slanderous, pornographic or otherwise sexually oriented or that makes attacks on or the otherwise opines or comments on any individuals or groups of individuals, educational institutions or any other entities whatsoever (whether companies, firms, or any other institutions). You also agree not to post any information to which you do not have copyrights or other appropriate permissions to post in public forum. Your failure to comply with these terms may result in removal of your postings without prior notice to User. The IP address of all posts is recorded to aid in enforcing these conditions.
R. Other Laws
Certain laws require to maintain data with respect to the Medimagic Platform and other personal information in a prescribed format and Medimagic will use all the information to the extent required in compliance with the applicable laws and as may be directed or amended from time to time.
S. Governing Law and Jurisdiction
The Terms and Conditions are governed by and constructed in accordance with the laws of India, without reference to conflict of laws principles and you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts located in Bangalore, Karn
T. Modification, Amendment or Termination
Medimagic may, in its sole discretion, modify or revise these Terms and Conditions and policies at any time, and you agree to be bound by such modifications or revisions. Your continued use of the Medimagic Platform post any modification of the Terms and Conditions shall be taken as your consent and acceptance to such modifications. Nothing in these Terms and Conditions shall be deemed to confer any third-party rights or benefits.
If any part of these Terms and Conditions is unlawful, void or unenforceable, that part of will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Any notice required to be given in connection with the Medimagic Platform shall be in writing and sent to the registered office of Medimagic. We do not guarantee continuous, uninterrupted or secure access to the Medimagic Platform, and operation of the Medimagic Platform may be interfered by numerous factors outside our control. Headings are for reference purpose only an on no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to any breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
V. Refund Policy
Please read the subscription terms and conditions carefully before subscribing to any of the subscription plans, as once you have subscribed you cannot change, cancel your subscription plan. Once you subscribe and make the required payment, it shall be final and there cannot be any changes or modifications to the same and neither will there be any refund.
All the user plans shall be auto renewed on the day plus 1 on which subscription ends, in case if user does not terminate the subscription before that, medimagic shall not refund the said money to the user.
In case of sales made to university / corporate body for bulk licence, Medimagic shall provide one-month grace period for such renewal.
A User may create a video, audio clip or tutorial, by using the Medimagic Platform. Such content uploaded through the use of the Medimagic Platform shall hereinafter be referred to as “User Content”. You agree and acknowledge that Medimagic has no control over and assumes no responsibility for, the User Content and by using the Medimagic Platform, you expressly relieve Medimagic from any and all liability arising from the User Content.
Revision of terms & Grievance reporting