Terms and Conditions

 TERMS AND CONDITIONS OF USE AGREEMENT

LAST REVISION: [01/05/2019]

Persons using the website or ordering products from this website have agreed to be bound by the terms and conditions of this website, the user are hereby advised to read the below agreement.

This Terms and Conditions of Use Agreement (Hereinafter ‘the Agreement’) shall govern the User use of this website [www.medvacancies.com](Hereinafter ‘the Website’), ELIXA EMEDSCOPE (Hereinafter ‘the Company’), or any offer of products for sale or purchase of any product offered for sale on the Website. This Agreement shall include all the guidelines, the policies and references thereto. The Company has the right to change or revise the Terms and Conditions of this Agreement by posting any such revision on the Website. The last date of the Revision of this Agreement shall exist on the top of this Agreement. The Revised Agreement shall be in force after being posted on the website. Using of the Website after posting of such Revised Agreement shall constitute as Acceptance of the same. The Company encourages the users to overview the Agreement on visiting the Website, to have an understanding of the Terms of Use of the Website. In case of existence of any other Contract of Terms and Conditions with the Company of any user, the other Agreement shall prevail over the Terms of Use of the Website, concerning other products and/or services. If the User do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate the User use of the Website

I. PRODUCTS

Terms of Offer: The Website sells certain Products (Hereinafter ‘ Products’). On Placing an order with the Website for the Products, the User agrees to the Terms set thereto in this Agreement.

Customer Solicitation: Unless expressly notified to the Company’s third-party reps or a direct expressly notification to the ELIXA EMEDSCOPE sales Reps, while they are calling the User, of any desire of the user to opt out of any futher direct or indirect communications and solicitations, the User is agreeing to recieve any further emails or contact or call solicitations by ELIXA EMEDSCOPE or its in-house designated third-party call reps.

Opt Out Procedure: The Company and Website provides easy Opt out procedure from future solicitations.

Follow the link found in email solicitation received by the User.

  1. The User can opt out via sending of an email to our Customer care reps. [contactus@medvacancies.com]

  2. The User may send a written remove request to the Company’s address. ENTER OFFICE ADDRESS HERE]

Proprietary Rights: The Company has all the proprietary rights and trade secrets in the Products. No person shall copy, resell, reproduce, redistribute any Product that is manufactured and/or distributed and/or sold by the Company, without permission from the Company. The Company has rights to all the Trade dress, Trademarks, and/or any specific Intellectual Property Uses of this Website including the text placement, images and any other information provided by the Company on the Website.

Sales Tax: For any purchase made by the User on the Website, the User shall be responsible to pay the applicable Sales Tax to the Government under the Goods and Services Tax Act, of the Applicable year.

II. WEBSITE

Content: Along with available Products on the Website, the Website also proposes information and marketing materials. The Website through, direct or indirect links to third party websites offers information about Medical Vacancies. The company does not always create the information that is available on the Website, but such content is covered by the Intellectual Property Laws applicable in India, Foreign nations and the International Bodies. Any, unauthorized use of such property may lead to violation of Copyright, Trademark and/or any other Law in force. By, use of the Website the User acknowledges that the use of the Website is for personal and Non-commercial use only. Any links, henceforth provided by the website leading to Third Party websites is for the benefit of the User. The Company does not encourage or endorse any of such Third-Party Websites. Any access to the Third-Party links is on own risk of the User. The Company is not responsible for any damage or theft to the User for accessing such Third-Party Websites.

The User may print and download extracts from Jobs for personal non-commercial use on the following basis:

  • no documents or related graphics are modified in any way;

  • no graphics are used separately from accompanying text; and

  • no copyright and trade mark notices are removed.

And the User agree not to:

  • use the MedVacancies for commercial purposes without obtaining our prior written agreement; or

  • copy, reproduce, distribute, republish, download, display, post or transmit in any form or by any means any of the content on MedVacancies except as permitted above.

 

Use of Website: The Company shall not be responsible for any such damages that may occur from the usage of this website by anyone. The user agrees not to use the website for illegal purposes. The User shall:

  1. abide by all Local, State, National and International Laws and regulations that apply on the use of the Website by the User.

  2. Not disrupt the use or interfere with the use of this Website by another User.

  3. Not resell Products sold on the Website.

  4. not engage, directly or indirectly, in transmission of "spam", chain letters, junk mail or any other type of unsolicited communication

  5. not defame, harass, abuse, or disrupt other users of the Website.

License: By using this website, the User is granted a limited, non-exclusive, non-transferable right to use the materials and content on the website in relation to the normal use of the Website, described above. The User may not copy, reproduce, distribute, create or transmit any work of information available on the website unless they possess the express written authorization by the Company.

Posting: Job advertisements and any accompanying attachments may be (but not guaranteed) retained on the platform for up to 400 days (after day of posting on the website), and then deleted. Data is retained for this period on platform in order to allow an employing organization to revisit vacancy and application data in case the vacancy needs re-advertising etc. The User is solely responsible for any interaction with any other user on the Website, the Website holds no responsibility for any damage and/or harm and/or theft caused by any such interaction between two or more users. The Company, however, shall reserve the Right to monitor such interactions between or among users of the Website and shall remove any content or user that acts in objectionable manner towards the Company or any good element of the public policy thereof.

Availability: The Company shall not be liable if for any reason The Website is unavailable at any time or for any period. The Company reserves the right to restrict access to all or some parts of The Website if, in our opinion, the User have failed to comply with this Acceptable Use Policy.

OFFERS/PROMOTIONAL SCHEMES/VOUCHERS FOR USERS:

 

The User taking the subscription may have the chance to ‘win’ an amazon voucher, however every such User will/shall not be eligible for such vouchers. The said vouchers can change anytime the Company decides to do so. The Profiles which are Complete with the required details shall only be eligible for the said ‘win’. The User who wins such vouchers will be contacted over the phone to authenticate the profile of the said User. The User shall receive the said Vouchers on the email registered on the Website. The website will reserve the right to use their name and location to advertise their names on their website. The value and frequency at which they are given out will be at the sole discretionary of the website owners.

 

PROMOTIONAL SCHEMES FOR EMPLOYERS:

  • The Employers working with our Company shall receive a free subscription account viable for 365 days which shall begin the day such Employers create the account on the Website.

  • The subscription fees after the end of such free period would be decided by the Company at its discretion.

          Provided that the Employer should be from India, to avail the Free subscription for such an account made for advertisements only in the Healthcare Sector. Provided, the free subscription shall only extend to the Employers from out of the State of India, at the Discretion of the Company. The decision of the Company shall be final in such regard.

  • The subscription fees for Employers from other countries might be different.

  • Each job will remain active for 45 days and be will inactivated automatically.

  • Employers will of course be able to reactivate this job - however this will be counted as second job when counting number of jobs.

REFUND POLICY

 

There will be no provision for refund of subscription fees of either the User or the Employer.

 

III. DISCLAIMER OF WARRANTIES

The use of the website and/or products available on the website are at the sole risk of the user. Any product on the website is on availability basis and the website shall not be responsible for any non-availability of such product. The company expressly denies any warranty claims of any kind, express or implied, and shall also include, but not limited to, merchantability, fitness and non-infringement with respect to any product available on the website or any content which shall also include the trial products offered by the company.

Without limiting the generality of the foregoing, the company makes no warranty:

That the information provided on this website is accurate, reliable, complete, or timely.

That the links to third-party websites are to information that is accurate, reliable, complete, or timely.

No advice or information, whether oral or written, obtained by the user from this website will create any warranty not expressly stated herein. 

As to the results that may be obtained from the use of the products or that defects in products will be corrected. 

Regarding any products purchased or obtained through the website.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to the user.

IV. LIMITATION OF LIABILITY
The material contained on the Website is for information purposes only and does not constitute advice. The User should carry out the Authenticity, in respect of any information on the Website. and use the User own judgement before taking any action on the basis of information provided on The Website. Unless expressly stated in writing, to us or required by law, the Company give no warranties of any kind in relation to the materials on the Website.

The Company shall not be liable for:

  • any action the User may take as a result of relying on any information/materials provided on the User or for any loss or damage suffered by the User as a result of the User taking such action; or

  • any dealings the User have with third parties (e.g. other users or advertisers) that take place using or facilitated by The Website; or

  • any liability for losses which are not a foreseeable or likely consequence of (i) the User use of The Website, or (ii) a breach by us of this Acceptable Use Policy.

The Company is not responsible if the User experiences difficulty accessing the Website because of any event outside our control (e.g. the performance of the User or our internet service provider, the User browser or the internet).

The service relies in part on software to work. Whilst the Company monitor The Website and try to fix bugs promptly the Company do not guarantee that The Website will be error free, available all the time, and/or free from viruses.

Nothing in this Acceptable Use Policy affects any liability which the Company may have for death or personal injury arising from our negligence, fraud or any other liability which cannot be excluded or limited by law.

V. INDEMNIFICATION

The User will release, indemnify, defend and hold harmless the Company, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of:

  • this Agreement or the breach of the User warranties, representations and obligations under this Agreement;

  • the Website content or the User use of the Website content;

  • the Products or the User use of the Products (including Trial Products);

  • any intellectual property or other proprietary right of any person or entity;

  • he User violation of any provision of this Agreement; or

  • any information or data the User supplied to the Company.

     When the Company is threatened with suit or sued by a third party, the Company may seek written assurances from the User concerning the User promise to indemnify the Company; the User failure to provide such assurances may be considered by the Company to be a material breach of this Agreement. the Company will have the right to participate in any defense by the User of a third-party claim related to the User use of any of the Website content or Products, with counsel of the Company choice at its expense. the Company will reasonably cooperate in any defense by the User of a third-party claim at the User request and expense. The User will have sole responsibility to defend the Company against any claim, but the User must receive the Company prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or the User use of the Website or Products.

VI. PRIVACY

The Company believes strongly in protecting user privacy and providing the User with notice of Company’s use of data. Please refer to the Company privacy policy, incorporated by reference herein, that is posted on the Website.

VI. AGREEMENT TO BE BOUND

By using this Website or ordering Products, the User acknowledge that the User have read and agree to be bound by this Agreement and all terms and conditions on this Website. 

VIII. GENERAL

Force Majeure: The Company shall not be deemed to be liable in default of any commitment made by the Company with respect to a product or service on the website, due to earthquake, fire, flood, storm, natural disaster, war, act of God, terrorism, labor strike, boycott or armed conflict.

Cessation of Operation: The Company shall at any time without any advance notice to the User cease operation of the Website and the distribution of any product.

Entire Agreement: This Agreement shall be taken in its entirety as the superseding agreement between the User and the Company, pertaining to the Terms and Conditions of Use of the Website.

Effect of Waiver: The Company, if fails, to exercise or enforce any right herein stated, this shall constitute as a waiver of the right or provision. If the Court of Law finds any provision of this Agreement as invalid, the same shall be removed and the other provisions shall remain in force whatsoever with full effect.

Governing Law: The Websites has its source from the state of Maharashtra in India. The Agreement herein shall be Governed by the Laws in force in the State of India, and no conflict of Law shall supersede that.  No case shall be instituted by either party with respect of this Agreement to recover any damages in breach of this Agreement outside the State of Maharashtra, India. By using this website, the User consents to the Jurisdiction herein stated and the Venue of the Courts with regards to any suits or claim that may arise from this Agreement.

Statute of Limitation: Regardless of the statute of Limitation (Limitation Act,1963), the Limitation to file a claim or Cause of Action arising out of this Agreement relating to the use of the Websites or Products purchased therein, shall be within 1 (one) year from the date of such Cause of Action or claim, or the case may be forever Barred.

Termination: The Company shall reserve the Right to terminate any User to access the Website if the Company so reasonably believes that the User has breached the Terms and Conditions (this Agreement) of the Website. In case of such termination the User shall be barred from accessing the Website and the Company shall cancel any orders of Products by the User.  The Company has the right to take necessary actions to prevent unauthorized access of the website. This Agreement will survive indefinitely unless and until the Company chooses, in its sole discretion and without advance to the User, to terminate it.

Domestic Use: The Company makes no representation that the Website or Products are appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.
Assignment. The User may not assign the User rights and obligations under this Agreement to anyone. The Company may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to the User.