TERMS OF USE INTRODUCTION
This "Terms of Use" (referred to below as this "TOS") has been written to describe the conditions under we make the Aissel service and products (the "Product") available to you through our websites and mobile applications. In this TOS, "we" and "us" means Aissel Technologies, Inc. (for users in the United States and Europe) and Aissel Technologies Pvt. Ltd. (for users located outside of the United States or Europe), and "you" means the person using the Product. Read this TOS carefully. By using the Product, you will be deemed to have accepted this TOS. If you do not accept this TOS or if your right to use the Product has been terminated (see below), you may not use the Product.
USE OF THE PRODUCT
The Product is a resource for you to find publicly available biographical information ("Supplied Content") concerning physicians ("Subjects") in anticipation of potentially engagements with them. If you wish to use the Product, you must first register to create an account.
Our role is solely to facilitate the availability of the Product. We do not provide and are not responsible for information concerning Subjects. We do not verify the credentials of any Subjects. You understand and acknowledge that Subjects are not employees or agents of ours but are independent individuals who we have collected information about from publicly available sources. You acknowledge that we will not be liable for any loss or damage caused by your reliance on information regarding Subjects.
THE PRODUCT IS INTENDED TO BE USED TO OBTAIN INFORMATION REGARDING SUBJECTS. WE CANNOT AND DO NOT CONTROL OR GUARANTEE THE SUPPLIED CONTENT CONTAINED IN ANY LISTINGS OR THE INFORMATION REGARDING SUBJECTS. WE ARE NOT RESPONSIBLE FOR AND DISCLAIM ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND INFORMATION PROVIDED THROUGH OR IN CONNECTION WITH THE PRODUCT. ACCORDINGLY, YOU USE THE PRODUCT AT YOUR OWN RISK.
We are not involved in the interactions between you and Subjects and do not refer or endorse or recommend particular Subjects. We reserve the right, at any time and without prior notice, to remove or disable access to any listing for any reason, including listings that we, in our sole discretion, consider to be objectionable for any reason, in violation of this TOS or otherwise harmful to the Product, but we incur no liability to you for any such action (or for the failure to take any such action). You acknowledge and agree that you are responsible for your own acts and omissions.
You are responsible for compliance with all laws and regulations applicable to your request or receipt of services from a Subject. For example, certain professions regulate the manner of selection or vetting of clients, prevention of conflicts of interest, payment of fees and reporting of payments, or similar issues. You may not utilize the Product for transactions which cannot or do not comply with those requirements.
LIMITATION ON ACCESS TO AND USE OF THE PRODUCT - . Restrictions on Use. You may not (and you may not permit anyone else, on your behalf of otherwise, to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code underlying the Product or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by us, in writing. You may not assign (or grant a sub-license of) your rights to use the Product, grant a security interest in or over your rights to use the Product, or otherwise transfer any part of your rights to use the Product.
- . Restrictions on Method of Access. You agree not to access (or attempt to access) any of the Product by any means other than through the interface(s) that are provided by us, unless you have been specifically allowed to do so in a separate written agreement executed by us. Without limiting the generality of the foregoing, you specifically agree not to access (or attempt to access) the Product through any automated means (including use of scripts or crawlers). Similarly, you agree that you will not provide any third-party access to material on the Product (or facilitate their attempt to access) by any means other than through the interface that is provided by us, unless you have been specifically allowed to do so in a separate written agreement executed by us.
- . Compliance with the TOS, Laws, and Standards of Conduct. You agree to use the Product only for purposes, and in a manner, permitted by the TOS. You agree not to use the Product in violation of our standards of conduct posted in terms & privacy tab under the profile page as amended from time to time, in particular you may not: use the Product in a manner that would cause you or us to violate any applicable local, state, national or international law, including any rules and regulations of any securities exchange, any rules, regulations, requirements, procedures or policies in force from time to time relating to the Product, and any export or re-export laws, rules and regulations; interfere with or disrupt the Product or take any steps to interfere with or in any manner compromise any security measures with respect to the Product or any data or file transmitted, processed or stored on or through the Product.
ACCOUNT INFORMATION - . Provision of Registration Information. In order to access the Product, you may be required to provide information about yourself (such as identification or contact details) from time to time, including, but not limited to, as part of the registration process for the Product, or as part of your continued use of the Product. You agree that any registration information you give to us will always be accurate, correct and up to date. We agree to take commercially reasonable steps to preserve the confidentiality of such information.
- . Responsibility to Maintain Confidentiality. You are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Product. Accordingly, you will be solely responsible to us for all charges that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify us immediately.
PROPRIETARY RIGHTS - . Ownership of Intellectual Property. We (or our licensors) own all legal right, title and interest in and to the Product, including any intellectual property rights which subsist in the Product (whether those rights happen to be registered or not, and wherever in the world those rights may exist). The Product may contain information which is designated confidential by us and you shall not disclose such information without our prior written consent.
- . Rights to and Use of Supplied Content. Despite the fact that individual items included in the Supplied Content may be available from third party sources, you understand and agree that the Supplied Content is protected by applicable intellectual property rights and your use and disclosure is limited by this Agreement. You may only use the Supplied Content for your Internal Use. "Internal Use" means use within and for the benefit of your organization. It does not include copying or distribution of the Supplied Content outside your organization.
- . Rights to and Use of Customer Content. You retain all copyright and other proprietary rights in the materials you provide us for use with the Product ("Customer Content"). In order to provide the use of the Product for your use, we need your permission to utilize the Customer Content for that purpose. Accordingly, by providing us Customer Content for use in connection with the Product you grant us the worldwide, royalty-free, and non-exclusive license during the Subscription Period to use, reproduce and display any Customer Content which you submit, post or display on or through, the Product as authorized by you in the use of the Product. You acknowledge and agree that, in the course of performing the technical steps required to provide the Product to your users, we may (a) transmit or distribute Customer Content over the public internet for the purpose of fulfilling our obligations under this Agreement, provided that such content will not be available to any third party; and (b) make such changes to the Customer Content as are necessary to conform and adapt that Customer Content to the technical requirements of connecting networks, devices, services or media for the purpose of fulfilling our obligations under this Agreement.
- . Notices/Protection of Proprietary Rights. You may not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Product. In using the Product, 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. Nothing in the TOS gives you a right to use any of our trade names, trademarks, service marks, logos, domain names, and other distinctive brand features without obtaining, in each instance, our prior written consent.
- . Copyright and Trade Mark Policies. It is our policy to respond to notices of alleged copyright infringement that comply with applicable intellectual property law (including the Digital Millennium Copyright Act) and to terminate the accounts of repeat infringers.
PRIVACY POLICY
Privacy Policies. You agree to the use of your data in accordance with our privacy policies. For information about our data protection practices, please read our privacy policy at www.aissel.com/privacy. This policy explains how we treat your personal information, and protect your privacy, when you use the Product.
EXCLUSION OF WARRANTIES
AS IS. THE PRODUCT AND ANY INFORMATION OBTAINED THROUGH USE OF THE PRODUCT (THE "MATERIALS") IS MADE AVAILABLE "AS IS, AS AVAILABLE". WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND RELATING TO THE PRODUCT OR SUCH MATERIALS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
INDEMNIFICATION
YOU AGREE TO INDEMNIFY, HOLD HARMLESS AND DEFEND US AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, CO-BRANDERS OR OTHER PARTNERS, AND EMPLOYEES, AT YOUR EXPENSE, AGAINST ANY AND ALL THIRD PARTY CLAIMS OR DEMANDS, ACTIONS, PROCEEDINGS AND SUITS AND ALL RELATED LIABILITIES, DAMAGES, SETTLEMENTS, PENALTIES, FINES COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEY'S FEES AND OTHER DISPUTE RESOLUTION EXPENSES) INCURRED BY US, DUE TO OR ARISING OUT OF DATA OR SUPPLIED CONTENT THAT YOU OR YOUR PERSONNEL ACQUIRE, SUBMIT, POST TO, TRANSMIT OR COMMUNICATE THROUGH THE PRODUCT, YOUR OR YOUR PERSONNEL’S USE OR MISUSE OF THE PRODUCT, YOUR OR YOUR PERSONNEL’S CONNECTION TO OTHER USERS, YOUR OR YOUR PERSONNEL’S VIOLATION OF THESE TERMS, OR YOUR OR YOUR PERSONNEL’S VIOLATION OF ANY RIGHTS OF ANOTHER.
LIMITATION OF LIABILITY
OUR AGGREGATE LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE, DIRECT OR INDIRECT, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF (OR INABILITY TO USE) THE PRODUCT SHALL NOT EXCEED THE GREATER OF THE SUM OF ALL AMOUNTS RECEIVED BY US FROM YOU DURING THE PREVIOUS SIX (6) MONTHS. IN NO EVENT SHALL WE (OR ANY OF OUR SUPPLIERS OR LICENSORS) BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, TORT OR ANALOGOUS DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS, LOSS OF BUSINESS, OR LOSS OF GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF (OR INABILITY TO USE) THE PRODUCT, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
GENERAL LEGAL TERMS - . Entire Agreement. The TOS constitute the whole legal agreement between both of us and governs your use of the Product (but excluding any services which we may provide to you under a separate written agreement), and completely replace any prior agreements between both of us in relation to the Product.
- . Notices. You agree that we may provide you with notices, including those regarding changes to the TOS, by email, regular mail, or postings on the Product.
- . Waiver. You agree that if we do not exercise or enforce any legal right or remedy which is contained in the TOS (or which we have the benefit of under any applicable law), this will not be taken to be a formal waiver of our rights and that those rights or remedies will still be available to us.
- . Severability. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of the TOS is invalid, then that provision will be removed from the TOS without affecting the rest of the TOS. The remaining provisions of the TOS will continue to be valid and enforceable.
- . Third Party Beneficiaries. You acknowledge and agree that each member of the group of companies of which we are the parent shall be third party beneficiaries to the TOS and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the TOS which confers a benefit on (or rights in favor of) them. Other than this, and except as expressly provided otherwise in the TOS, no other person or company shall be third party beneficiaries to the TOS.
- . Governing Law. For users located in the United States or Europe, the TOS, and your relationship with us under the TOS, shall be governed by the laws of the Commonwealth of Massachusetts, USA, without regard to its conflict of laws provisions. For users located outside the United States and Europe, the TOS, and your relationship with us under the TOS, shall be governed by the laws of the Republic of India, without regard to its conflict of law’s provisions.
ACCEPTING THESE TERMS - . Agreement to TOS. In order to use the Product, you must first agree to the TOS. You may not use the Product if you do not accept the TOS. You can accept the TOS by clicking to accept or agree to the TOS, where this option is made available to you by us in the user interface for the Product; or by actually using the Product. You understand and agree that we will treat your use of the Product as acceptance of the TOS from that point onwards.
- . Eligibility to Use the Product. You may not use the Product and may not accept the TOS if (a) you are not of legal age to form a binding contract with us, or (b) you are a person barred from using the Product under the laws of the United States or other countries including the country in which you are resident or from which you use the Product.
- . Use by Minors. Any individual under the age of 18 years ("Minor") must have a parent or guardian accept the TOS in order for such Minor to use the Product. A parent or guardian who accepts the TOS on behalf of a Minor will be primarily liable for ensuring complete and proper compliance with the TOS, including any payment obligation. A parent or guardian who accepts the TOS on behalf of a Minor will continue to be primarily liable for the obligations mentioned in the TOS even when the Minor has attained the age of 18, unless the parent or guardian obtains the Company’s express written consent to the contrary.
- . Acceptance of TOS by an Organization. If you are entering into the TOS on behalf of a company or other organization, you must have the authority to bind your company or organization to the TOS and commit funds on its behalf. Titles that typically carry that authority include, without limitation: Chairman, Principal, President, Officer, Vice President, Director, Controller, Finance Manager or Purchasing Manager. We may reject the TOS if we determine, in our sole discretion, that you do not have the appropriate authority. In any case, if you are entering into the TOS on behalf of a company or other organization, you represent that you have the authority to bind it to the TOS and commit funds on its behalf, and the terms "you" and "your" will refer to that company or organization.
- . Representation of Eligibility. In any of the above cases, case, you represent that you satisfy all of the above eligibility conditions. If you do not satisfy the above conditions, or if you do not agree with the TOS, you must select the "I Do Not Accept These Terms" button and may not use the Product or any portion thereof; in that case we may also terminate the TOS and your use hereunder immediately without liability to you.
CHANGES TO THE PRODUCT; TERMINATION.
Certain provisions of the TOS may be superseded by expressly designated legal notices or terms located on particular parts of the Product. We may, at any time, modify the Product, or stop (permanently or temporarily) providing the Product (or any features within the Product) to you at our sole discretion and for any reason, and without notice, without liability to you or any person, including without limitation if we believe you have breached or may breach any provision of the TOS; or if the provision of the Product to you is, in our opinion, no longer commercially viable. Upon any such termination, the provisions of the TOS shall continue in effect except you are no longer authorized to use the Product; termination shall not relieve you for liability for breach occurring prior to termination.
YOUTUBE INFORMATION
We have obtained API key for “konectar” to access authorized YouTube data via YouTube Data API Services. Aissel keeps this key confidential.We do not replace API Data with similar, independently calculated data, or access or use YouTube API Data to create new or derived data or metrics. We would further like to disclose that any data information or metrics displayed in our product which are not based on YouTube API Data are not from YouTube and are part of our own product and other third parties such as Twitter.
To know detailed Terms of Service of YouTube, please click the link YouTube Terms of Service. To know Youtube privacy policy, please click the link Youtube privacy policy. You can revoke Aissel’s access to your data from YouTube at any time from the platform’s app and security settings available at the link
Google Security settings AMENDMENT AND UPDATING OF THE TOS; ELECTRONIC SIGNATURES.
We may desire to make changes to the TOS from time to time to update it, for example to add references to different products and services, or provide for payment for the use of the Service.: We may specify amended or updated terms that apply to the use of Product after the effective date of such amendment or update, and we will make a new copy of the TOS available to you and may require you to accept it as a condition to the continued provision of the Product to you. In addition, the continued use of the Product after receipt of such amended terms shall constitute your agreement to such amended terms. In addition, any modification, amendment, or waiver of any provision of the TOS shall be effective if in writing and either signed or accepted electronically by the party against whom the modification, amendment or waiver is to be asserted.
Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, you hereby agree to the use of electronic signatures, contracts, orders and other records and to electronic delivery of notices, policies and records of transactions initiated or completed through the Product. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records. |