Terms of Use
Please be informed that as a user you are using our
services and hence, trust us. Therefore, it becomes pertinent that we are able to
provide you with the best quality services with minimal effort. We endeavour to
ensure that every user experience is smooth and hassle-free. These Terms and
Condition of Use, guide user behaviour and in the process lay down certain
parameters and guidelines, which would be beneficial to both, you and us, the
Company.
Cellsphere, conducting its business inter
alia, under a brand name ‘neuroflip’, a learning
platform, is Sole Proprietorship under the laws of India and is involved in the
business of providing technology, information and educational services in
healthcare.
These Terms and Conditions of Use
(hereinafter ‘Terms of Use’) pertains
to the services made available
at https://www.neuroflip.com (hereinafter
‘Neuroflip
Website’) and its equivalent
Neuroflip Mobile Application (hereinafter ‘Neuroflip
App’) available on Google Play, and
Apple Store. The Neuroflip App and Neuroflip Website, on which the services are
availed, will be hereinafter collectively referred to
as ‘Platform’. We request you to read
the Terms of Use thoroughly,
before using the Platform as it governs your use of the Platform and any other
applications, products, websites and services owned and managed by the
Company.
For the purpose of this Terms of Use, wherever the
context so
requires ‘Your’, ‘You’, ‘Yourself’ or ‘User’ shall
mean any natural or legal person who browses
the Platform or has agreed to become a subscriber to the services on the Platform,
by providing login credentials while registering on our website as a Subscribed User
(defined in Clause 2.1) using the computer systems.
The
term ‘We’, ‘Us’, ‘Our’ shall
mean Cellshpere.
We reserve the right to amend the Terms of Use at any
time, which shall be updated on this link, hence we recommend that you regularly
access these Terms of Use so that you are always aware of the latest terms. In case
of any changes or updates, we shall endeavour to notify You of such changes at the
earliest. Nevertheless, please ensure that You read our Terms of Use and any updated
version thereof before proceeding to use the Platform or the Services, as the case
maybe. The Terms of Use is subject to be amended without prior notice and it is your
duty to be apprised of the same.
- Acceptance
of Terms
- These
Terms of Use set forth a legally binding contract between Us, and You and by
using the Platform, You agree to the Terms of Use stated herein. The Terms
of Use equally apply, even if You only visit the Website or review any of
the service offerings made available by Us and are bound by these Terms of
Use. If you do not agree to this Terms of Use, please do not continue to
access and use our Platform, henceforth.
- In
consideration of your use of the Neuroflip Website and Neuroflip App, You
agree:
- To
provide true, accurate, current and complete information about yourself
complying with Clause 2 of this Terms of Use and as prompted in order to
generate the login credentials.
- To
the responsibility of ensuring that You meet the required qualification
while opting for the ‘Pro Account’ (defined in Clause
3.2).
- To
maintain and promptly update your login credentials to keep it true,
accurate, current and complete.
- And
acknowledge that Neuroflip is not responsible to ensure that You conform
to the eligibility criteria.
- To
seek the consent of Your parents/legal guardians, in case if you are a
minor, before providing any information about Yourself or Your parents
and other family members, on the Neuroflip App.
- That We are not responsible or liable for any
consequences, that arise as a result of misuse of any kind, by You, in
the Neuroflip App, Neuroflip Website or any of Our services, such that
it causes any harm or injury to a third-party.
- That We reserve the right to change and update
the content in the Platform to represent the latest evidence and
practices, with the changing times, needs and requirements. We reserve
the right to constantly review, update and replace the content and
features of all the Study Materials, which could be carried out on an
periodic basis or such other interval of time as may be decided by Us.
We do not guarantee that any content or features, of the previous
Edition, would be made available on the Platform in the new
Edition.
- If You
provide any information that is untrue, inaccurate, not current or
incomplete, or We have reasonable grounds to suspect that such information
is untrue, inaccurate, not current or incomplete, We reserve the right to
suspend or terminate your account and refuse any and all current or future
use of the Platform. Neuroflip reserves the right to terminate Your
subscription and / or refuse to provide You with access to the Services if
it is discovered that You are under the age of 18 (eighteen) years and the
consent to use the Services is not made by Your parent/legal guardian or any
information provided by You is inaccurate.
- This
document is an electronic record in terms of the Information Technology Act,
2000 (“IT Act”) and the
Rules as applicable, thereunder, and
the provisions pertaining to electronic records in various statutes as
amended by the IT Act. This electronic record is generated by a computer
system and does not require any physical or digital signatures.
- You may
access the Platform and subscribe to the services only for Your personal
use. The Platform as a whole, is owned exclusively by Neuroflip. You
acknowledge that We are providing You with a revocable, limited,
non-commercial, non-exclusive, and non-transferable license to use the
features of the Platform. You will upon logging into the Neuroflip
Website/mobile application as a regular user be entitled to view Our limited
free content as a demo of the offerings. You will get access to the paid
content on the Platform once You enroll as a Subscriber. You are advised to
review the free content before taking the decision to proceed to subscribe
to the services as a ‘Subscribed User’ (as defined in Clause
2.2).
- By
registering Your e-mail address and/or phone number with Us, You consent to
be contacted by Us via phone calls, SMS notifications, e-mails and/or any
other means that help us reach You, in case of any subscription or service
updates and/or promotional messages.
- You are
entirely responsible for maintaining the security and confidentiality of Your
account as well as the login credentials to the account once you become a
‘Subscribed User’. If your account has been accessed and misused
for any reasons whatsoever, including any unlawful purposes, by a third
party, whether with or without your permission, Neuroflip reserves the right
to take any action including legal remedies against You. It being clarified
that Your negligence in maintaining the security and confidentiality of Your
account credentials or Your deliberate and willful act of sharing the
credentials with a third party may result in penalties and/or legal action
against You.
- We will
not be liable for any loss that You may incur as a result of a third party
using Your account, either with or without Your knowledge. You may be held
liable for any losses incurred by Us as a consequence of third party usage
of Your account.
- Due to
the global nature of the Internet, You agree to comply with all applicable
local laws, state specific laws, and regulation rules regarding use of the
Platform. You also agree to comply with all applicable laws regarding the
transmission of technical data and information, exported from India or the
country in which You reside.
- By
registering and agreeing to these terms, You provide consent to receive
transactional or promotional communication from Us, even if You are
registered on DND. You may opt out from receiving such communications and
even if You opt out of promotional communications, We may still send You
transactional communications, such as service announcements, administrative
and legal notices, and information about Your account, without offering You
the opportunity to opt-out of these communications.
- Eligibility
- Persons
who are "competent/capable" of contracting within the meaning of the Indian
Contract Act, 1872 shall be eligible to register for Neuroflip App and be a
Registered User (defined hereunder). Your age must be above 18 (eighteen)
years or as a minor if You wish to use the Neuroflip App or Our Services,
such use shall be made available to You by the consent of Your legal
guardian or parents, who has agreed to these Terms. In the event a minor
utilizes the Neuroflip App/Website/Services, it is assumed that he/she has
obtained the consent of the legal guardian or parents and such use is made
available by the legal guardian or parents.
- Further, any person eligible under Clause 2.1
above, shall in addition be a citizen of India and either currently enrolled
in a medical college recognized in India or abroad or having completed a
degree in modern medicine or a qualified medical professional registered with
the Medical Council of India. Alternatively, such a person who is eligible
under Clause 2.1 above and is a citizen of India, could be currently
enrolled in a medical college enrolled outside India or a qualified medical
profession registered with the respective Medical Council of that
country.
- To
register on the Platform for availing the Services (as defined in Clause 3.5
below) a login account, which is based on a paid subscription, is required.
You become a ‘Subscriber’/’Subscribed
User’ (hereinafter
‘Subscriber’) once the account is
created and an appropriate
plan is chosen with the correct payment being done for the plan.
- To
complete the user registration, you may be required to provide a valid phone
number and/or email id while creating an account or while enrolling or
purchasing any Subscription Services. We may communicate with you by e-mail,
SMS, phone call or by posting notices on the Platform or by any other mode
of communication.
- To
determine Your eligibility as a Subscriber, You will be required to give
details to validate Your eligibility by filling in all mandatory fields in the
sign up form. Upon completing all fields in the service subscription form,
You will have access to the ‘Free Content’ or the ‘Basic
Plan’ in the capacity of a ‘Registered
User’ (hereinafter
‘Registered User’) and have the option to purchase a Pro
Services Account (hereinafter referred to as “Pro
Account”) and become a
Subscribed User. You acknowledge that it is not Our responsibility to ensure
that You conform to the aforesaid eligibility criteria. It shall be Your
sole responsibility to ensure that You meet the required qualification. The
benefits and features available for Registered Users are very limited in
terms of content and most of our Services are accessible only for Subscribed
Users.
- If You
choose to purchase a paid subscription, You will be directed to the Plans
page and have the option to select the services and duration for which
You wish to become a Subscribed User. Upon receipt of the payment in full
the user would become a “Pro User”. After the payment is
complete, You will receive a confirmation email to the registered email id
confirming your plan details. If You have initially enrolled in the Basic
Plan, You will have the option of upgrading the same to a Pro Account at any
time by clicking on the “Subscribe” link or icon available as
part of the Subscribed User account dashboard once the You log into Your
account.
- After
successful completion of the payment process, we may ask you to submit one
valid identity address proof issued by the Govt of India i.e., Voter's ID,
Passport, MCI card, Aadhar Card etc., as acceptable by Us. Upon submission
of the valid identity proof, we shall mandatorily conduct an identity
verification process of each Pro User. As part of the identity verification
process, we shall –
- Collect, store, use and disclose the
identification information provided by the Pro User only for the
identity verification process as part of the pro subscription;
- Encrypt the identification information
provided by the Pro User on receipt and decrypt it at the time of
verification. After the completion of the verification process, the
identification information will be encrypted again and stored on our
servers (on servers in India or other countries);
- Comply with all reasonable security practices
and procedures to ensure the security of the identification information
provided.
- Upon
successful completion of the verification process by Us, You will attain the
status of a Subscribed User. After successful completion You are responsible
to keep the credentials to access Your account secure, and not to share Your
account details with anyone.
- The
account details should belong to the same person registering with Neuroflip.
Once the account is created, only one person can use it and the Registered
User cannot share/transfer/resell the account. Any act of such sharing of
account details could potentially lead to blocking of account permanently
and/or legal actions.
- Services of
Neuroflip
- Our
services are available on android and iOS only. The web doesn’t
contain our services. The function of our web is meant just to provide
information. Some devices might not support our services and Neuroflip will
not be responsible for such unavailability of services.
- Our
services include digital content in the form of flashcards.
- To
avail the full range of course content offered as part of the Services, You
will have to mandatorily be a Subscribed User meeting all the requirements
set out in Clauses 2.2 and 2.3.
- The
Services and amounts payable to access the Services may differ for different
Subscribers and can be based on the individual or combination of
plans/courses chosen by You and any promotional offers or coupons applied by
You. Such promotional offers might be known to You through the Neuroflip
app/website or through sales representatives who might reach out to select
Users.
- In
these Terms of Use, the
term “Services” (hereinafter
referred to as
‘services’) shall mean and include full access to flashcards
that will be made accessible to You as a Subscribed User and will exclude
the free demo content that is accessible to all Registered Users visiting
the Platform. The foregoing meaning and scope of Services may be subject to
change and the definition shall not in any way limit or restrict Our right to
remove or add features to the Platform.
- You
agree that any Services provided by Us may be subject to change at Our
discretion and We may add, remove, or modify offerings to its existing scope
of Services at such fees as will be solely determined by Us.
- We may,
at Our discretion, can start, stop, or modify Services and revise the course
name, offerings, duration and the amount payable in respect of existing
offerings forming part of the Services that may be made available to You, at
any time. We may also make improvements or modifications to technical
aspects of Services, that may alter the usability of Services.
- You
agree that We may at any time and for any reason including but not limited
to actual or suspected breach of these Terms by You or using Your account
credentials, terminate Your access to whole or part of the Platform, or
restrict or suspend Your access to your Subscribed User account, for any or
no reason, with or without prior notice, and without any liability to
You.
- You
also agree to receive, download and install updates from time to time, as
released by us. Access to and use of the beta version of the Services and/or
Platform may be subject to additional agreements or may not be available for
all.
- Subscriber
Account, Password and Security
- If You
use the Platform and wish to avail Services by creating a User account, You
may be required to submit your phone number and/or email ID and choose a
password or generate an OTP, basis which You will be granted access to the
Platform and its Services. You are responsible for maintaining the
confidentiality of Your password and other credentials to access the
Services. If there is any compromise to Your account, You can change your
password using the ‘forgot password’ functionality available on
the login page used to access the Platform. If there is a change in Your
registered mobile number, the same should be intimated to Us to get the
details updated in Your User account.
- Third
Parties
- We may
use/integrate another third party’s platform on Our Website or the
Neuroflip App. We may also use third party platforms to provide services to
ourselves. In such event, You will be bound by such third party’s
terms and conditions, privacy policy, and any other applicable policies. You
also agree and hereby authorize Neuroflip to share Your details and personal
information with such third parties to the extent necessary for Neuroflip to
deliver the Services to You.
- Payment
Terms
- Any
payments made to Neuroflip in respect of Services are subject to the payment
terms of Neuroflip as will be notified to You once You initiate the process
to become a Subscribed User. The current existing payment schedule is
available on the Platform.
- The Fee
including GST will be shown prior to completion of the online payment
transaction. As per the tax regulations, Neuroflip will be liable to pay the
GST on behalf of the customers. We are collecting the GST and making the
payment to the Government.
- In the
unlikely event that, due to a technical error, the amount of the Fee
displayed on the Platform is incorrect, Neuroflip will notify You as soon as
it reasonably can. If the correct amount of the Fee is higher than the
amount displayed on the Platform, Neuroflip will contact You through your
registered e-mail address and/or phone number to notify You of the correct
Fee. To avail all Services for the duration of Subscription, You may be
required to remit any additional fees such that the correct Fee is paid by
you.
- Neuroflip hereby notifies You that Neuroflip uses
third party payment gateway service providers to process payment made by You
towards the Service subscription. It is hereby clarified that Neuroflip will
not be responsible for any payment failures or errors occurring due to
technical issues at the bank’s end or issues arising from the third
payment gateway and all such issues should be resolved directly between You
and the banking or payment gateway partner concerned.
- The
provision of Our Services or activation of the paid subscription are
contingent upon Neuroflip having received cleared funds from You in respect
of the Fee for the relevant Service subscription. Without prejudice to
Neuroflip’s rights and remedies under these Terms of Use, if any sum
payable is not paid on or before the due date, Neuroflip reserves the right,
forthwith and at Neuroflip’s sole discretion, to suspend Your access
to the Services and refuse You entry to the course You intended to avail as
part of the subscription to the Platform.
- In case
your bank account appears to be debited, yet the subscription plan is not
activated, kindly refer to the following web page: https://www.Neuroflip.com
- Please
note that Services once subscribed cannot be cancelled and no refund to that
effect can be made. Notwithstanding the foregoing, Neuroflip can terminate
Your subscription anytime and the decision to provide a refund is at
Neuroflip’s sole discretion. Further, Neuroflip can change the
pricing, duration, upgrade, or refund policy any time, without any prior
notification. You can renew/upgrade the Services as per the terms given
at https://www.Neuroflip.com
- Discounts
or Offers
- Discounts can be availed through valid coupon
codes. Information about offers or coupon eligibility and other terms will
be communicated through website, email, etc. or through communication by the
sales or customer support teams, so authorised by Neuroflip.
- Neuroflip reserves the right to change any coupons
or offers at any time. Neuroflip reserves the right to provide any discounts
or offer that are not publicly communicated on its Platform. Neuroflip is
not responsible for any discounts mentioned by any third parties, including
but not limited to influencers or third party ads.
- Please
note that in the events of gifting/lucky draw/ prizes/etc., Neuroflip
reserves all the rights and any decision by Neuroflip will be final.
- Disclaimer
as regards Study materials
- The
term ‘Study Materials’
(hereinafter ‘Study
Materials’) as used in these Terms of Use include the
flashcards posted for the specific topics which will be made available to
You, upon meeting all the conditions stipulated in these Terms of Use and
becoming a Subscribed User.
- We do
not make any representation, guarantee or commitment to You that the Study
Materials offered either in the demo versions or as part of subscribed
services will be error free.
- The
services and all accompanying Study Materials are only offered purely on
“AS IS” basis and We expressly state that the Study Material and
the services are not intended to act as a substitute for professional
medical opinion on ailments.
- Contents on the flashcards, tables and any images,
slides and other material used in the app may not be owned by Neuroflip, and
have been contributed by the content creators, and We have merely reproduced
them.
- We do
not claim any guaranteed rank, mark, success/any kind of professional
advantage with the use of the Platform.
- Please
note that We constantly update the content, but changes could be missed due
to rapid advances in medical sciences.
- Online
Subscription and Access Terms
- Upon
receipt of a confirmation e-mail from Us you will be notified when You (only
if you are a Subscribed User) have access to purchased services and for the
length of time such access will be made available to You, subject however to
Our absolute right to suspend or terminate access in accordance with these
Terms of Use.
- A
subscription received is personal to You and You shall not transfer or share
your right to access the Study Material or further sell the subscription or
allow access to the subscription to any other person for consideration or
otherwise. Such acts will be construed as contrary to this Terms of Use and
in such a situation we reserve the right to suspend or terminate access to
Your account, with or without prior notice. In the event there is any
unlawful activity performed by another person using Your account
credentials, You shall be entirely held responsible for such actions and We
reserve the right to take appropriate legal action against You.
- System
Requirements
- Please
note that it is Your responsibility to check that the mobile device ,
computer or device You plan to use to access the subscription is compatible
with the minimum specification requirement that relates to the subscription
You are opting for. You acknowledge and accept that We cannot be held
responsible for any technical problems with any systems, computers or
devices You encounter following the commencement of the subscription.
- While
We endeavour to support all major devices, it is possible that certain
manufacturers or certain devices do not support our Services. User should
ensure that their devices conform with minimum system requirements and
eligibility at all times.
- We are
not responsible for technical limitations or service disruptions caused by
upgraded or modified technical standards or any other reason. We shall have
no responsibility for any loss or damage caused to mobile, tablet or any
other device, hardware and / or software and/or instrument, including loss
of data or effect on the processing speed, resulting from Your use of our
products and Services.
- We
recommend the Latest version of Chrome. Other browsers may or may not be
supported.
- Please
note that any amount of internet data consumed while using the services will
be borne by the User and it is the responsibility of the User.
- In
addition to the disclaimers set forth hereinbefore, Neuroflip shall not be
liable to You for any damages arising from Your inability to log into Your
account and access the services of the Platform at any time.
- Modifications to Subscription
- We
reserve the right to make modifications, enhancements or issue clarifications
(for example, clarification of doubt, interactive sessions) to the
subscription, including but not limited to changes in Services, number of
Services available, introduction and modification of Editions, pricing and
validity of Subscription duration.
- When We
make such changes, We may or may not notify the User of the same and the
User will be bound by such modifications, enhancement, changes and
amendments, as the case may be.
- Technical
Support and Access
- We do
not warrant uninterrupted or error-free operation of the
subscription.
- We are
not obliged to offer You any technical support in relation to your
subscription other than the specific support that has been included as part
of the subscription plan You have opted for.
- You
also accept and acknowledge that We cannot be held responsible for any delay
or disruptions to your subscription as a result of such suspension or any of
the following but not limited to:
- the
operation of the internet and the World Wide Web, including but not
limited to viruses;
- any
firewall restrictions that have been placed on your network or the
computer You are using to access the Services;
- failures of telecommunications links and
equipment; or
- updated browser issues
- DRM
protocols preventing playback of media
- Not
meeting standards any of the minimum system requirements as defined in
clause 9.
- Disclaimer
of Warranties and Liabilities
- We
shall not be liable for any interference, virus, hacking, or any such
consequence, caused by any network or internet service providers and failure
of device manufacturers to support DRM protocols.
- Any
content posted on a third-party platform, by Us or any authorised third
party, shall be subject to the terms and conditions, and policies, of that
third-party platform in addition to the terms and conditions set forth
herein.
- SUBJECT
TO APPLICABLE LAWS, IN NO EVENT WILL NEUROFLIP OR ITS EMPLOYEES’, OR
ITS AGENTS’, PARTNERS, AND CONTRACTORS’, AGGREGATE LIABILITY
ARISING FROM OR RELATED TO THE AFORESAID SERVICES TO YOU, EXCEED THE
PAYMENTS ACTUALLY RECEIVED AND RETAINED BY NEUROFLIP FROM YOU, FOR ANY AND
ALL CAUSES OF ACTION BROUGHT BY YOU OR YOUR AGENTS. IN THE EVENT THAT YOU
ARE NOT A SUBSCRIBED USER, NEUROFLIP WILL NOT BE LIABLE TO YOU UNDER ANY
CIRCUMSTANCES.
- Disclaimer
of Services
- Any
information provided to You through the Platform, shall not be treated as
medical advice, opinion, diagnosis, prescription, or treatment and may have
errors in it.
- You
acknowledge that We have not been authorised or recognised/affiliated by any
regulatory body, university or the National Medical Commission, to give any
sort of medical advice, opinion, diagnosis, prescription or
treatment.
- You
acknowledge that the content/information cannot replace textbook/coursework
etc. as prescribed by universities, institutions or used as reference to
resolve disputes in results, treatments etc.
- This
subscription Services shall be considered as terminated in the event of
occurrence of a Force Majeure event, such as Act of God, War, etc.
- Neuroflip shall not be held liable for any
unauthorized use of any third party intellectual property or data, and the
User that carries out such unauthorized use or infringes any intellectual
property or data available on the platform shall fully indemnify and hold
Neuroflip harmless against any and all claims that may arise as a result of
such use.
- Testimonials, reviews and success stories are
individual experiences, reflecting real life experiences of Users that have
used Neuroflip in some way or another. However, these are individual results
and results may vary. We do not claim that they are typical results that
Users will generally achieve. The testimonials are not necessarily
representative of all of those who will use Our products and/or
services.
- Any
program affiliated with an educational partner may be subject to the terms,
policies and procedures of the applicable educational partner in addition to
these terms.
- You
also understand that the Material available on the Platform is not a
guarantee of success or rank and it does not confer any degree or
recognition. The liability of Neuroflip is very limited and shall not be
liable for any loss suffered to User in pursuing this
content/information.
- You
also understand that the services provided to You shall not be construed as
medical classes and Our services do not come within the purview of medical
training as regulated and recognized by Medical Council of India or other
regulatory bodies.
- You
acknowledge and agree that the suggestions and recommendation provided by Us
on the Platform, are only suggestions, and You may comply with it at Your
choice and option. We offer You various services via the Platform, to help
You prepare for medical entrance examinations with customised support and
assistance.
- Data
protection
- User
agrees that We will store, interpret and analyse the collected data and the
same can be used for research or study and the results can be published on
an anonymized basis. Personal data will be anonymized if being shared
publicly or being shared with a third party. The collected data will not be
sold but can be used for communication, promotional information or offers
belonging to the same or a different course and can even be used to send
promotional messages of any of the products or services offered by Us beyond
Neuroflip. We ensure that the data is stored (on servers in India or other
countries) and processed as per the security standards and will process the
information that We receive from You or otherwise hold about You in
accordance with these Terms of Use and the Privacy Policy. We ensure that
User information shall be stored as required by law, to communicate or send
any legal notices, if the need arises. Although it is Our endeavor that we
are able to provide reasonable security for information We process and
maintain, no security system can prevent all potential security breaches.
Further, We do not guarantee security of data on third party platforms like
payment gateways. You consent to the use by Us of such information in
accordance with these Terms of Use and Neuroflip’s Privacy Policy
which is available at https://www.Neuroflip.com.
- You can
request for deletion of your personal data or account deletion. Please note
that once an account has been deleted, it cannot be restored. You can,
however, create a new account. Further, You shall, at any time while using
the Platorm, also have an option to withdraw Your consent given earlier to
us to use Your personal data. Such withdrawal of the consent is required to
be sent in writing to Us at the contact details provided in
Neuroflip’s Privacy Policy. In such event, however, We fully reserve
the right not to allow further usage of the Platform or provide any Services
thereunder to You. Further, please note that withdrawal of consent will not
be retrospective in nature and shall be applicable prospectively.
- You
acknowledge that we may share links in a format that enables us to keep
track of whether these links have been followed. We use this information to
improve Our customized content. Clicking on the links may take You to sites
outside Our domain or website. We are not responsible for the privacy
practices of other websites. We also collect cookies and may use this data
to show You personalized ads. Most systems allow acceptance of cookies, but
You can reset Your system to refuse all cookies or to indicate when a cookie
is being sent. Some of Our Platform’s features and services may not
function properly if Your cookies are disabled.
- Please
note that if You share Your personal information such as comments, messages,
files, photos, roll numbers etc. in Our Facebook group (Neuroflip) or any
other public forums, it will be available to all Users, and will be in the
public domain. Any such sharing of Your information is done at Your own
risk.
- You
acknowledge that We may conduct online surveys from time to time. The data
collected through these surveys are used to gauge Our services, collect
demographic information and other information that We may find useful.
- We may
share non-personal, aggregated information with third parties for provision
or improvement of services. By agreeing to these Terms of Use, You agree to
Us using Your information in this manner and in the manner mentioned in our
Privacy Policy.
- We
provide all customers with the opportunity to opt-out of receiving
non-essential (promotional, marketing-related) communications from Us on
behalf of our partners, and from Us in general, after providing Us with
personal information. If You want to remove your email id from all lists and
newsletters, please use the unsubscribe option. If you want to opt-out from
receiving promotional SMS, please register your phone number with DND. For
further queries, please write to [email protected].
- When
You send an email or other communication to Us, we may retain those
communications in order to process Your inquiries, respond to Your requests
and improve Our Services.
- If you
reside outside India your information will be transferred, processed and
stored in accordance with the applicable data protection laws of
India.
- Neuroflip
Usage Policy
- A
Neuroflip Pro account is meant to be used by only one User.
- Sharing
the Neuroflip Pro account credentials for both personal use or commercial
purposes will result in account blockage without prior notice or
warning.
- If a
violation of this policy is identified the same would amount to the
substantial breach of the said terms of use and the Company would have all
the rights to take any legal action as provided under the law of the land,
and also including but not limited to termination/blocking your account
permanently without any prior notice to you.
- Prohibited
Conduct
- You
agree that You shall not use the Services or the Platform in order to host,
display, upload, modify, publish, transmit, update, distribute, share, store
material. You are bound not to cut, copy, decompile, distribute, modify,
recreate, reverse engineer, distribute, disseminate, post, publish or create
derivative works from, transfer, or sell any information or software
obtained from the website. With Our prior permission, limited use may be
allowed and this is solely based on Our discretion. For the removal of
doubt, it is clarified that unlimited or wholesale reproduction, copying of
the content for commercial or non-commercial purposes and unwarranted
modification of data and information within the content of the Platform is
not permitted and is considered:
- in
violation of any applicable law or regulation;
- in
a manner that will infringe the copyright, trademark, trade secret or
other intellectual property or proprietary rights of others or violate
the privacy, publicity or other personal rights of others;
- that belongs to another person and to which
the user does not have any right to;
- that is grossly harmful, harassing,
blasphemous, defamatory, obscene, pornographic, paedophilic, libellous,
invasive of another’s privacy, threatening, abusive or hateful or
racially, ethnically objectionable, disparaging, relating encouraging
money laundering or gambling or otherwise unlawful in any manner
whatsoever;
- that harms minors in any way;
- that impersonate another person or
entity;
- that contains software viruses or any other
computer code, files or programs designed to interrupt, destroy or limit
the functionality of Neuroflip’s computer systems or site or
Neuroflip’s Users, customer’s computer systems or
site;
- threatens the unity, integrity, defence,
security or sovereignty of India and any other countries, friendly
relations with foreign states or of public order or causes incitement to
the commission of any cognizable offence or prevents investigation of
any offence or insulting any other nation.
- If You
become aware of misuse of the Service by any person, please
contact [email protected]
- You
shall not either as a regular browsing user, Registered User, Basic Plan
user or as a Subscribed User, use the Platform to either directly or
indirectly, either alone or with another third party disassemble, reverse
engineer or decompile any part or whole of the Platform in order to get
access or attempt to get access to the underlying software, source or
proprietary technology which enables the Services or other functionalities
of the Platform or do anything with an intent to create derivative works or
competing platforms that provide same or similar services.
- You
shall not either directly or through other third parties take, post,
publish, transmit or otherwise make available any of the Study Material on
any other medium. Furthermore, You undertake not to use, display, mirror or
frame the Platform or any individual element within the Platform, unless
this is expressly approved by Us in writing.
- You
shall not copy or record or make any attempt to copy or record part or whole
of the Services or use the Services for further distribution in any mode to
commercially benefit from the Study Material or engage in any form of
piracy.
- Any
violation of the said clause would amount to substantial breach of the said
Terms of Use and the Company shall have all the rights to take any legal
action as provided under the law of the land.
- User
Behaviour
- User
agrees to be respectful to other users on the platform and forbids
herself/himself from using any foul language, defamatory or derogatory
comments against Neuroflip in any public or private forum.
- User
should respect a patient’s privacy and shall not disclose any
personally identifiable information of the patients.
- Neuroflip is only an intermediary and does not
monitor any of the interactions that take place between Users on its social
media or any other platform, but Neuroflip has clearly laid out the terms
and guidelines a User must follow in their conduct on the Platform as part
of the Platform terms,
- Termination
or Suspension of Account for Illegalities or suspected Illegalities
- If
there is a suspicion of untoward or illegal activity, we may suspend your
account immediately and if required, debar all future access by You to the
Platform.
- We
reserve the right to cancel any subscription as We believe has been
compromised, or is being used fraudulently, at its own discretion without
any financial liability to You.
- User’s account will be Blocked for the
following reasons (including but not limited to):
- If
found suspicious (High/ Suspicious Activity)
- Usage of Rooted/ Jailbroken Devices,
Emulators, ChromeCast, Android TV, Amazon Fire, Samsung Dex, Cloned
APK's, Chrome books 3)TV/ Smart TV/ Apple TV or any other virtual
machines.
- Screen Casting, Screen Recording, Screen
Mirroring, Downloading contents out of Neuroflip Platform,
- Using a camera, phone or any other device to
record any Platform content
- Sharing Neuroflip Screen Shots or PDF's in
Social Media or any other Network.
- Sharing Neuroflip Accounts Credentials with
anyone.
- Usage of Multiple Devices (Other than upto to
Two Devices for Personal Use)
- Abusing Neuroflip and Neuroflip
Faculties.
- Try
to sell Neuroflip Pro Accounts and Contents on Neuroflip.
- Preservation/Disclosure
- You
acknowledge, consent and agree that Neuroflip may access, preserve and
disclose Your account information if required to do so by law or in a good
faith belief that such access, preservation or disclosure is reasonably
necessary to:
- comply with legal process nationally or
internationally;
- enforce this Agreement;
- respond to claims that any content violates
the rights of third parties;
- protect the rights, property or personal
safety of Neuroflip, its subscribers and the
public;
Or
- pursuant to the terms of the Privacy Policy,
reach You for marketing or promotional purposes through any
channel.
- Security
Components
- You
understand that Neuroflip and software embodied within Neuroflip and the
Services you access may include security components that permit digital
materials including the Study Materials to be protected, and that use of
these Study Materials is subject to usage rules set by Neuroflip. You shall
not attempt to override, disable, circumvent or otherwise interfere with any
such security components, encryptions and usage rules embedded into Website
or the specific Services accessible through Your Service account.
- You
will not introduce, any program, routine, subroutine, known vulnerability,
or data (including malicious software or “malware,” viruses,
ransomware, worms etc.) that are designed to disrupt the proper operation of
the Platform or deliverables or any other software or system used by
Neuroflip, or which, upon the occurrence of a certain event, the passage of
time, or the taking of or failure to take any action, will cause the
deliverables resulting from the Services or Platform or any system, software
or data used in connection therewith to be destroyed, damaged or rendered
inoperable or inaccessible.
- In case
of any violation or suspected violation of these security standards, We may
suspend or terminate your account immediately, at Our sole discretion and if
required, debar all future access by You to the Platform.
- Proprietary
Rights
- No
Material may be copied, downloaded, reproduced, modified, republished,
uploaded, posted, transmitted or distributed in any way without obtaining
Our prior written permission.
- You
acknowledge and agree that all Material on the Platform is made available
for limited, non-commercial use for learning/educational purposes/preparing
for exams, personal use only.
- You may
not add, delete, distort, or otherwise modify the Material. Any unauthorized
attempt to modify any Material, to defeat or circumvent any security
features, or to utilize the Platform or any part of the Material for any
purpose other than its intended purposes is strictly prohibited and such
actions will be considered as violation of the Terms of Use and will result
in immediate account blockage or any such action the We deem fit.
- User
agrees not to engage in any activities which result in or may give rise to
any piracy or conduct any unauthorized reproduction, distribution,
recreation, reverse engineering of Our content, or sharing any form of the
content available on the Platform/App. Any such action would require
explicit written permission.
- Some of
the Media/images used cards that are not owned by Neuroflip may have been
sourced from various sites and online resources by our content creators. If
you believe that the material we have used belongs to you, or is a part of
your Intellectual property right, please inform us at [email protected] .
We will delete those images/contents within 48
hours of receipt of complaint.
- By
submitting content on or through the Platform, you grant us a worldwide,
non-exclusive, royalty-free license (with the right to sublicense) to use,
copy, reproduce, process, adapt, modify, publish, transmit, display and
distribute such content in any and all media or distribution methods (now
known or later developed) and to associate your content with you, except as
described below. You agree that others may use Your content in the same way
as any other content available through the Platform. If you delete your user
account your Content and name may remain available through the
Platform.
- Neuroflip
and Third Parties
- All the
content creators who have made flashcards are not employees of the Company.
The professional and technical information contained in the cards are the
sole responsibility of the Content creator. Even though We review the
content hosted as part of the Services on a best effort basis, We disclaim
all warranties as regards the authenticity or correctness of information
provided to You.
- The
Platform may contain links to other apps or web pages owned by third parties
(i.e. advertisers, affiliate partners, strategic partners, or others). We are
not responsible for examining or evaluating, and we do not warrant the
products or offerings of, any of these businesses or individuals, or the
accuracy of the content of their website. We do not assume any
responsibility or liability for the actions, product and content of any such
websites. Before You access or visit any third-party app or website, You
should review website terms of use and policies for such app or web pages.
If You decide to access any such third-party platform, You do so at your own
risk. The hosting of such links to third party content cannot under any
circumstances be construed as Our endorsement of such third parties and You
shall not implead Us in any suit or claim involving You and such third
parties.
- While
We have made efforts to train the personnel engaged in the sales and
services relating to Our Services to enable quality control, We make no
warranties or representations whatsoever regarding the quality and
competence of such personnel and would not be responsible for any deviant
behavior of any such personnel. We reserve the right and discretion to take
any action upon feedback from User in this regard.
- Intellectual Property Rights
- We
provide You with a single limited license to use and access the Platform and
Materials hosted as part of the subscribed Services on devices which We have
permitted access at the time of Your subscription to the Services for the
limited purpose of accessing the Study Materials online. The license is
specifically personal, non-transferable, non-commercial and
non-exclusive.
- All
icons and logos are trademarks of and proprietary to Us. The unauthorized
copying, modification, use or publication of these marks is strictly
prohibited.
- Without
the prior written consent of Us, which is at Our sole discretion,
modification of the Content, use of the Content on any other website, app or
networked computer environment or use of the materials for any purpose other
than personal, non-commercial use is a violation of the copyrights,
trademarks and other proprietary rights, and is prohibited.
- Terms and
Termination
- This
Agreement shall remain in full force and effect for so long as You use the
Platform. You may terminate your subscription at any time, for any reason,
by contacting the Support channels. We, however, do not offer any refunds
because of Your termination or discontinuation of the Services. Any
termination or Subscription modifications initiated by You are subject to the
Policy which is available at https://www.Neuroflip.com.
- We
reserve the right to terminate Your services without prior notice. Your
account or Your access to the Platform maybe terminated immediately, with or
without notice to You, and without liability to You, if We believe that You
have breached any of the conditions, restrictions or limitations contained
in these Terms of Use or the Privacy Policy, or any false or misleading
information, or interfered with use of the Platform by others or caused a
security issue or breach.
- All
Content on the Platform, (including but not limited to software) and
Services, included on or otherwise made available to You across all mediums
are provided on permitted number of views basis on a limited number of
whitelisted devices without any representation or warranties, express or
implied except otherwise specified in writing. Without prejudice to the
forgoing paragraph, Neuroflip does not warrant that:
- Platform will be constantly available
or;
- The
information made available through the Services on the Platform is
complete, true or accurate.
- We are
not responsible to You for any data that You lose either (a) as a result of
accessing study materials, or (b) otherwise during the course of
subscription. It is your responsibility to ensure that You regularly save
and back up (i) all data which You hold on the mobile, computer or tablet or
any other similar device, from which You are accessing the Services and (ii)
all data that You are inputting when completing a study module being
offered.
- We will
not be held responsible for any delay or failure to comply with its
obligations under these Terms if the delay or failure arises from any causes
which is beyond Our reasonable control.
- Each
provision in these Terms of Use shall be construed separately as between You
and Us. If any part of these Terms of Use is held to be unreasonable,
inapplicable, or unenforceable, but would be valid if some part thereof was
deleted, such provision shall apply but with such modification as may be
necessary to make it valid and effective.
- Exclusions
and Limitations
- The
Platform and Services are intended to be used within the jurisdiction of
India only. Those who access or use the Platform from other jurisdictions do
so at their own volition and are responsible for compliance with the local
law. Some jurisdictions do not allow the exclusion of certain warranties or
the limitation or exclusion of liability for incidental or consequential
damages. Accordingly, in certain jurisdictions, some of the above
limitations of liability may not apply to You, nevertheless, all other
provisions of these Terms remain in full force and effect.
- Indemnity
- You
agree to defend, indemnify and hold Us harmless, Our subsidiaries,
affiliates, subcontractors, officers, directors, employees, consultants,
representatives and agents, from and against any and all claims, damages,
obligations, losses, liabilities, costs or expenses (including but not
limited to attorneys’ fees and costs) arising from:
- Your use of and access to the Platform;
- Third-party claims who rely on Your
representations to them based on the information made available through
Our services;
- Your violation of any conditions in the Terms
of Use and the Privacy Policy; or
- Your violation of any third party right,
including without limitation any copyright, property, or privacy
right.
- This
defense and indemnification obligation will survive these Terms.
- In no
event shall Neuroflip, its officers, directors, employees, partners or
agents be liable to You or any third party for any special, incidental,
indirect, consequential or punitive damages whatsoever, including those
resulting from loss of use, data or profits or any other claim arising out,
of or in connection with, Your use of, or access to, the Platform.
- Additional
Terms
- We
reserve the right at any time to modify, edit, delete, suspend or
discontinue, temporarily or permanently the Service or Platform (or any
portion thereof) with or without notice. You agree that we will not be
liable to You or to any third party for any such modification, editing,
deletion, suspension or discontinuance of website. All prices are subject to
change without notice.
- This
Agreement and any rights and licenses granted here under, may not be
transferred or assigned by You, but may be assigned by Neuroflip without
restriction.
- These
Terms of Use together with the Privacy Policy as well as subscription
details such as pricing tables and any other legal notices published by
Neuroflip on the Platform, shall constitute the entire agreement between You
and Neuroflip concerning the Platform and governs your use of the Service
and use of the Platform, superseding any prior agreements between You and
Neuroflip with respect to the subject matter covered in these Terms of
Use.
- Our
failure to exercise or enforce any right or provision of these Terms shall
not constitute a waiver of such right or provision. If any provision of
these Terms is found by a court of competent jurisdiction to be invalid, the
parties nevertheless agree that the court should endeavour to give effect to
the parties’ intentions as reflected in the provision, and the other
provisions of this Agreement remain in full force and effect.
- These
Terms are governed by the laws of India. Any matters arising under these
terms shall be subject to the exclusive jurisdiction of courts located in
Bangalore.
- Grievances
- In case
of misuse or suspicion, We will temporarily or permanently restrict or block
the access of the User, with or without prior notice.
- We are
entitled to take appropriate legal action as we deem fit in case of
breach/violation of terms and conditions set forth herein. The courts in
Chennai shall have the jurisdiction to decide the dispute arising out of or
in relation to such dispute.
- In case
of any grievance arising from the use of Platform, please contact us
at [email protected]