The TopDoc Terms of service

This user agreement (“Agreement”) is an agreement between you (“You”) and TopDoc Services Private Limited ("TopDoc" or "we" or "us" as the context requires) governing the: (i) your use of our website (“Site”) and our mobile application (“App”) and/or (ii) availing of our Services by you which includes, providing training and educational courses for students, physician, medical practitioner and doctors in order to (i) assist them in staying up to date with latest developments; (ii) learning about other branches of medicine, healthcare and business management; and (iii) providing them with continuous education (referred to collectively as the "Services").

By accessing the Site and/or the App, at your option, you agree to be bound by the terms of this Agreement and the terms and conditions of the Privacy Policy This Agreement governs access and use of this Site/ App and availing of our Services by you i.e. our visitors, users, or customers ("Users"). If you do not agree with the terms contained in this Agreement or the Privacy Policy, you are not permitted to use this Site/ App. TopDoc will not be liable for any consequences arising from your unauthorized use.

TopDoc may revise these terms of use at any time by amending this page and the terms hereof. The revised terms of use shall be posted on the Site/ App and you are expected to check this page from time to time to take notice of any changes we make, as they are binding on you. Some of these provisions may be superseded by provisions or notices published on our Site/ App. All changes are effective as soon as we post them and by using the Site/App and availing of the Services thereafter, you agree to be bound by the revised terms and conditions of use. Your use of Site/App is subject to the most current version of the terms of use posted on the Site/App at the time of such use.

1.1. Initial Access
Access to the Site/App is available to every User, however any feature displayed on the Site/App is provided by us on a temporary basis and for promotional purposes, and we reserve the right to:(i) withdraw or amend the promotional features that we provide on our Site/App; and/or (ii) restrict your access to some parts of/entirety of our Site/App, without prior notice to you. We shall not be liable for exercising our right set forth hereunder.

1.2. Full Access
To access the Services and view full contents of the Site/App, you will need to register on the Site/ App and you will be able to access after you create a “Registered User” account. In order to become a Registered User, you will be required to furnish certain information and details, including your name, mobile number, e-mail address, residential address, qualifications, institutions to which they are affiliated, payment information (if required) and any other information deemed necessary for registration. Once you complete your registration on the Site/App, the Site/App:

• 1.2.1. Allows you to have full access and view contents on the Site/ App;
• 1.2.2. Allows us to contact you and vice versa, if necessary;
• 1.2.3. Allows us to inform you of changes to the terms of use of the Site/App or describing new services that we enable on the Site/App; and
• 1.2.4. Allows you to make use of the Services and other functionality that we mayestablish and maintain on the Site/ App from time to time, subject to theseterms and conditions.

1.3. Availing the Services
To access the Services, you shall be required to register yourself and maintain an account as a Registered User with the Site/App and make requisite payment in the form of Subscription Fee (as defined hereinbelow). The Services offered by the TopDoc are as follows:

• (a) Standalone educational contents covering various topic categories in the form of videos/ presentations, quiz, live webinars/meet up or a combination of them (“Contents”); and
• (b) Short duration courses containing a combination of one or more categories of Contents (“Courses”).

2.1. Most Services made available to you are subject to the payment of consideration (“Subscription Fee”), which shall vary depending on the type of Content/Course. Services requiring payment are always clearly indicated. If you elect to use paid aspects of the Site/App/Services, you agree to the terms of sale, pricing, payment, and billing process applicable to such Subscription Fee.

2.2. The Subscription Fee payable for each Content/Course (which includes GST) can be found on this Site/App.

2.3. We accept payment by credit card, debit card, net banking and/or other modes of payment accepted by our payment gateway service provider (Razorpay). Payment details shall be collected by the payment gateway service provider by using a secure financial data collection mechanism authorised by the Reserve Bank of India.

2.4. Once the Subscription Fee has been paid for, you agree that such payment is non-refundable.

By using the Services and completing the registration process, you represent and warrant that: (a) all the information provided by you at the time of registering is accurate and complete; (b) you shall maintain the accuracy of such information, and any changes thereto shall be regularly updated; (c) you affirm that you are over 18 (eighteen) years of age and are fully able and competent to enter into, abide by and comply with this Agreement; (d) you are competent in accordance with applicable laws to enter into a binding contract and are not a person barred from receiving the Services under applicable laws; and (e) you are entitled to use the Site/ App in compliance with applicable national and international laws. We shall not be liable for any events arising as a consequence of any inaccurate/untrue representation provided by you on the Site/App.

4.1. TopDoc grants you permission to use the Services as set forth in this Agreement, provided that: (i) you will not copy or distribute, any part of the Services in any medium or in any manner whatsoever without TopDoc’s explicit authorisation in this regard; (ii) you will not alter or modify any part of the Services other than as may be reasonably necessary to use the Services for its intended purpose; and (iii) you will otherwise comply with the terms and conditions of this Agreement. Unless the same is permitted on the Site/App, any download made by you in ways other than the one authorised by us is illegal, no matter for what purpose. If any Content is available for download, such Content shall be downloaded and used in such manner that it is consistent with the terms and conditions of this Agreement and shall not allowed to be copied, used, or distributed.

4.2. Upon completing the registration process, you will be provided with a username, password, or any other piece of authentication information, as may be required by our security procedures. You must treat such information as confidential, and you must not disclose it to any third party. You also agree to ensure that you exit/log out from your account at the end of each session. TopDoc has the right to disable any username/account, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of this Agreement. You will immediately notify TopDoc of any unauthorized use of your password or username, by sending details of such unauthorized use to: support@top-doc.com

4.3. You are responsible for making all arrangements (hardware, software, etc.) necessary for you to have access to our Site/App and, thereby the Services. You are also responsible for ensuring that any persons who access our Site/App and, thereby the Services through your account are aware of these terms, and that they comply with them. You are also solely responsible and liable to TopDoc for all activities that take place or occur under your account from your devices. You agree that your ability to log into your account is dependent upon external factors such as internet service providers and internet network connectivity and we shall not be liable to you for any damages arising from your inability to log into your account.

4.4. Whenever you make use of the Services (or any feature or part of the Services) that allows you to upload/post material, content, information, news, feedback, comments, questions, data, documents, pictures, and other information (“User Material”) on the Site/ App, or to make contact with other users/trainer of our Site/ App, you must ensure that your User Material must not (“User Material Standards”):

• 4.4.1. belong to another person and contain any information that breaches his privacy;
• 4.4.2. Be defamatory, obscene, offensive, pornographic, hateful, harmful, harassing, defamatory, vulgar, lewd, blasphemous, lascivious, invasive of another’s privacy, racially, ethnically or otherwise objectionable or inflammatory, disparaging, relating or encouraging money laundering or gambling or violating laws of any jurisdiction (including data protection laws);
• 4.4.3. promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
• 4.4.4. infringe any intellectual property including copyright, database right or trademark of any other person;
• 4.4.5. be in violation of any legal duty owed to a third party, terms of a contract or confidence;
• 4.4.6. be likely to harass, upset, embarrass, alarm, or annoy any other person or be harmful to minors;
• 4.4.7. impersonate any person, or misrepresent your identity or affiliation with any person;
• 4.4.8. advocate, promote, incite any third party to commit, or assist any unlawful or criminal act;
• 4.4.9. contain a statement which you know or believe, or have reasonable grounds for believing, that if published is likely to directly or indirectly encourage or induce others to commit, prepare or instigate such person to commit an acts of terrorism;
• 4.4.10. be such that it is known by you to be false, inaccurate, or misleading;
• 4.4.11. contain any computer viruses, any code, worms or other potentially damaging or limiting the functionality of any computer programs or files.
• 4.4.12. threatens the unity, integrity, sovereignty of India, friendly relations with foreign states or public order or is insulting to another nation.

4.5. When we consider that a breach of the User Material Standards (as stated above) has occurred or the terms of use under this Agreement has been breached, and we may take any action legally available, including all or any of the following actions:

• 4.5.1. we may at our discretion take down any such User Material immediately;
• 4.5.2. immediate, temporary, or permanent withdrawal of your right to use the Services and simultaneous termination/suspension of your account on the Site/App;
• 4.5.3. immediate, temporary, or permanent removal of any other User Material already posted on the Site/App, upon your failure to cure the breach that is brought to your notice;
• 4.5.4. initiate legal proceedings against you seeking legal, injunctive, or other equitable remedy; and
• 4.5.5. disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

4.6. By submitting User Material, 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 User Material in any and all media or distribution methods (now known or later developed). You agree that others may use your User Material in the same way as any other content available through the Services. Other users of the Services may fork, tweak, and repurpose your User Material in accordance with these Terms. If you delete your account, your User Material may remain available through the Services. You understand that, TopDoc while performing the required technical steps to provide the Services to our other Users, may: (a) transmit or distribute your User Material over various public networks and in various media; and (b) make such changes to your User Material as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that the license provided by you shall permit TopDoc to take these actions. You confirm and warrant to TopDoc that you have all the rights, power, and authority necessary to grant the above license.

4.7. You shall not do any acts that breaches of the following terms of use of the Site/App, including but not limited to:

• 4.7.1. Distribute, download, sell, supply, modify, adapt, amend, incorporate, merge, or otherwise alter the information/Content/Courses provided to you as part of the Services or the Site/App;
• 4.7.2. Attempt to decompile, reverse engineer, or otherwise disassemble any Service or Content provided to you as part of the Services or the Site/App;
• 4.7.3. Attempt to copy any software provided to you as part of the Services or the Site/App and its source code, or attempt to decrypt any part of such software that is provided to you;
• 4.7.4. Create any derivative work or version of any software/information/Content/Courses provided by us in relation to or to facilitate the use of our Services or any Content/Courses provided as part of the Services;
• 4.7.5. Remove, from the Services or any Content/Courses provided as part of the Services, any logo, copyright or proprietary notices, legends, symbols, labels, watermarks, signatures, or any other like marks affixed to or embedded in the Services;
• 4.7.6. Use the Services or any part of it to create a false identity, to impersonate any person or organization, or attempt to disguise the origin of any Content/Courses;
• 4.7.7. Use TopDoc’s domain name or a domain name which is similar to TopDoc’s domain name;
• 4.7.8. Access or use of the Site/App in any manner that could damage, disable, overburden, or impair any of the Site/App’s servers or the networks connected to any of the servers on which the Site/ App is hosted;
• 4.7.9. Access or attempt to access any Content/Courses that you are not authorized to access by any means;
• 4.7.10. Access the Site/ App through any other means other than through the interface that is provided by us;
• 4.7.11. Alter or modify any part of the Services/ Content/Courses; and
• 4.7.12. Disrupt or interfere with the security of, or otherwise cause harm to the Site/ App, materials, system resources, or gain unauthorized access to the user accounts, passwords, servers or networks connected to or accessible through the Site/App or any affiliated linked sites.

4.8. Upon termination/suspension of your account, you will no longer be able to access your account or any User Material or data you have stored on the servers (other than through remedy available under applicable legislation). All licenses granted to you by TopDoc to you on the Site/App or the Services will automatically terminate.

5.1. We collect some data when you register yourself as a ‘Registered User’ and/or avail our Services. Such personal information (“Personal Information”) is accorded an equitable treatment as per the terms of our Privacy Policy.

6.1. We are not responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other User of the Services.

6.2. We have the right to immediately terminate your access or usage rights and remove non-compliant information or material, in case of non-compliance with the terms and condition of this Agreement and/or the Privacy Policy.

6.3. We have the right to investigate and report to authorities for prosecution for the violations of the terms and conditions of this Agreement to the fullest extent of the law and may involve and cooperate with law enforcement authorities in prosecuting Users who violate the terms and conditions of this Agreement.

6.4. While we have no obligation to monitor your access to or your use of the Services/ Content/Courses (or any feature or part of the Services), we have the right to do so for the purpose of operating the Site/ App and providing the Services, to ensure your compliance with the terms and conditions of this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

6.5. We also have the right to take down any such User Material and immediately disclose your identity to any third party who validly claims and provides evidence that any User Material posted or uploaded by you to our Site/App constitutes a violation of their intellectual property rights, or of their right to privacy.

6.6. Subject to the receipt of a complaint from a User, we have the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse, or remove any or all Content from any Service. For some of the Services, TopDoc may (but shall be under no obligation to) provide tools to filter out explicit sexual content or any content which it deems to be unsuitable at its sole discretion.

6.7. We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to: (a) satisfy any applicable law, regulation, legal process or governmental request; (b) enforce the terms and conditions of this Agreement, including investigation of potential violations hereof; (c) detect, prevent, or otherwise address fraud, security or technical issues; (d) respond to user support requests; or (e) protect the rights, property or safety of TopDoc, its Users and the public. TopDoc shall not be responsible or liable for the exercise or non-exercise of its rights under the terms and conditions of this Agreement in this regard.

6.8. We reserve the right to introduce or change the prices of any and all Services. Notice of such change may be provided at any time by posting the changes on the Site/App itself.

6.9. TopDoc shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Services.

7.1. You are solely responsible for your User Material that you upload, publish, display, link to or otherwise make available on the Site/App and representations that you make at the time of registration, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Material. TopDoc will not review, distribute, or reference any such User Material, except as provided herein or in our Privacy Policy or as may be required by law.

7.2. We hereby disclaim and exclude our liability for all action we may take in response to breaches the terms of this Agreement or the Privacy Policy. The actions described above are not limited, and we may take any other action we reasonably deem appropriate.

7.3. We are not a medical institution, and our Contents/Courses shall not be considered as medical advice, prescriptions, diagnoses, treatment, or recommendations of any kind. You should always seek the advice of your qualified heath care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions.

7.4. It is also possible that your use of the Services will result in you receiving information regarding products, merchants, and links to sites of third parties selling the information requested by you. TopDoc hereby disclaims any and all responsibility and liability associated with the same. You acknowledge and agree that TopDoc is not liable for any loss or damage which may be incurred by you as a result of the availability of such external sites or resources on our Site/App, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on or available from our Site/App.

7.5. Your correspondence or business dealings with, or participation in promotions of, advertisers you found on the Site/App or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser or vendor. You agree that, TopDoc shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or the vendors through the Site/App.

7.6. The Site/App may sometime contain links to other web sites or resources for your convenience to provide further information. Given that we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. You shall not create a link to the Site/App from another website or document without the TopDoc's prior written consent.

7.7. The Site/App provides the Users with access to compiled educational information and related sources. Such information is provided on an “As Is Basis” and we assume no liability for the accuracy or completeness or use or non-obsolescence of such information. We shall not be liable to update or ensure continuity of any information/Content/Courses contained on the Site/App. We would not be responsible for any errors which might appear in (i) such information/Content/ Courses; (ii) information/Content which is compiled from third party sources; or (iii) for any unavailability of such information.

7.8. The Contents of the Site/App may be developed on concepts which are covered in a structured curriculum/syllabus prescribed for students of various medical courses. The usage of the Site/App or our Services is not endorsed as a substitution to the curriculum based education provided by the educational institutions but is intended to supplement the same by explaining and presenting the concepts in a manner enabling easy understanding for Users and providing them with practical and updated knowledge. TopDoc acknowledges that there are various means of delivering structured curriculum and inclusion of one particular method in the Site/App does not imply endorsement of that particular method nor does it endorse exclusion of another method or imply its disapproval. Subscription to Services does not in any manner guarantee any assured results or achievement.

7.9. Certain Contents on the Site/App may contain opinions and views of third parties. TopDoc shall not be responsible for such opinions or any claims resulting from them. Further, TopDoc makes no warranties or representations whatsoever regarding the quality, content, completeness, or adequacy of such information and data.

7.10. TopDoc has the right to change modify, suspend, or discontinue and/or eliminate any aspect(s), features, Course, Content or functionality of the Site/App or the Services, as it deems fit at any time without any requirement of prior notice.

7.11. Some parts of the Services are interactive, and we encourage contributions by Users, which may or may not be subject to editorial control prior to being posted. TopDoc accepts no responsibility or liability for any User Material communicated by Users in this way. TopDoc reserves the right at its sole discretion to remove, review, edit or delete any content. Similarly, we will not be responsible or liable for any User Material or any content uploaded by Users directly on the Site/App, irrespective of whether we have certified any answer uploaded by the User. We would not be responsible to verify whether such questions/answers or any User Material placed by any User contain infringing or unlawful materials or not.

7.12. TopDoc may, based on any form of information provided by you at the time of access to the Site/App (including free download/trials) or at the time of registrations, contact you through messages, email and call, to give information about its Services as well as give you notifications on various important updates on the App and/or to seek permission for demonstration of its products. You hereby expressly grant such permission to contact you through telephone, messages, e-mail and you will hold TopDoc indemnified against any liabilities arising out of financial penalties, damages, expenses in case your mobile number is registered with Do not Call (DNC) database. By registering yourself on the Site/App as Registered User, you agree to make your contact details available to our employees, associates, and representatives so that you may be contacted for passing on important information and/or promotions.

7.13. While TopDoc has made efforts to ensure that the personnel teaching/training are certified, educated, technically qualified, and trained in the field on which they are delivering their Content/Courses, in order to enable quality control. However, TopDoc makes no warranties or representations whatsoever regarding the quality and competence of such personnel and would not be responsible for any deviant behaviour of any such personnel. Any feedback from User relating to the same is most welcome and TopDoc reserves the right and discretion to take any action in this regard.

7.14. Access to certain elements of the Services including doubt clearance, availing mentoring services, etc. may be subject to the provisions of this Agreement and fair usage policy. TopDoc reserves the right to determine the criteria for provision of various elements of Services to the different categories of Users based on its policies. Hence, subscription to the Services or registrations do not automatically entitle the User to any and all elements of Site/App/Services provided by TopDoc. TopDoc shall be entitled to exercise its discretion while providing access to and determining continuity of certain elements of Site/App/Services. TopDoc reserves the right to extend, cancel, discontinue, prematurely withdraw or modify any part of the Services at its discretion.

7.15. TopDoc has the right to change modify, suspend, or discontinue and/or eliminate any aspect(s), features, or functionality of the Site/App/Services as it deems fit at any time without notice. Further, TopDoc has the right to amend the terms of thus Agreement, from time to time, without prior notice to you. TopDoc makes no commitment, express or implied, to maintain or continue any aspect of the Site/App. You agree that TopDoc shall not be liable to You or any third party for any modification, suspension, or discontinuance of the Site/App /Services.

7.16. You agree that your use of the Site/App/Services shall be at your sole risk. You expressly understand and agree that, to the maximum extent permitted by applicable law, the Site/App/ Services are provided on an “As Is” and “As Available” basis for your use, without warranties of any kind, express or implied, including without limitation the warranties of merchantability, fitness for a particular purpose, title, non-infringement, and those arising from course of dealing or usage of trade. TopDoc shall use all reasonable endeavours to ensure that the Site/App/ Services are capable of being used in an uninterrupted manner but it does not guarantee or warrant that: (i) the Site/App/ Services will meet your specific requirements; (ii) the Site/App/ Services will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the Site/App/Services will be accurate or reliable; and (iv) the quality of any Services, Content, Courses, information, or other material purchased or obtained by you through the Site/App will meet your expectations; and (v) any errors in the Services/Site/App/Content/ Courses will be corrected by TopDoc at its discretion.

7.17. You acknowledge that you have carefully read the terms and conditions of this Agreement and fully understand that they include and incorporate a comprehensive and binding release of liability by you in respect of TopDoc and its employees, directors, officers and any appointed or contract trainer(s) and/or instructor(s). Under the terms of this Agreement herein, you expressly agree to release and discharge TopDoc and its employees, directors, officers, trainer(s) and/or instructor(s) from any and all claims or causes of action and you agree to give up, release or waive any right that you may otherwise have to bring any such legal action against them in the form of indemnity, damages, tort claim or equity claim. For the avoidance of doubt, to the extent lawfully permitted, the release and waiver set out in clause 7.17 above includes any action under the tort of negligence (whether such negligence is founded in statute, common law or otherwise).

8.1. All right, title, and interest in usage of the terms of this App/Site/Content/Courses, including but not limited to all texts, graphics, user interfaces, visual interfaces, computer code and any other information associated therewith are reserved by us.

8.2. All right, title, and interest in and to the Content and Courses are and will remain the exclusive property of TopDoc and its licensors. Any use of this Site/ App or its Content/Courses, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited.

8.3. Except as expressly provided in these terms of use, no part of TopDoc and no content or marks, data, statistics, independent research conducted and posted by TopDoc may be copied reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way including mirroring the same to any other computer, server, site, or other medium for publication or distribution of any for any commercial enterprise, without prior written consent.

8.4. By accepting the use of terms hereunder you agree that the TopDoc does not transfer/assign the title of the Site/App to you, and nothing in the terms and conditions of this Agreement shall imply or be deemed or construed to mean that any right, title and interest (including but not limited to intellectual property rights) stands transferred/assigned to you by TopDoc, we retain the full and complete right, title and interest to the Site/App, and all intellectual property, title and interest to the Site/App, and all intellectual rights therein. You shall not redistribute, sell, decompile, reverse engineer, dissemble, or otherwise reduce the Site/App in any manner which is contrary to this Agreement.

8.5. Any usage of TopDoc’s Content/Courses, without the written authorization of TopDoc, shall be considered a breach of this Agreement, and you shall be required to indemnify TopDoc for all liability incurred in this regard.

8.6. Subject to the terms of use set forth in this Agreement, TopDoc grants you a non-transferable, non-exclusive, non-sublicensable limited right and license for you to access and use the Services solely for the purpose permitted i.e. posting User Material, using the Site/App to avail the Services.

9.1. You agree to defend, indemnify and hold harmless TopDoc, its 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 Service/Site/ App; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation, any copyright, property, or privacy right; or (iv) any claim that your User Material caused damage to a third party. This indemnification obligation will survive this Agreement and your use of the Service and/or the Site/App.

9.2. The material displayed on our Site or App is provided without any guarantees, conditions, or warranties as to its accuracy. TopDoc is not liable for:

• 9.2.1. conditions, warranties, and other terms, which might otherwise be implied by statute, common law, or the law of equity;
• 9.2.2. Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Services, our Site/ App or in connection with the use, inability to use, or results of the use of the Services or our Site/ App, any Sites linked to it and any materials posted on it, including, without limitation any liability for:
  • loss of income or revenue;
  • loss of business;
  • loss of profits or contracts;
  • loss of anticipated savings;
  • loss of data;
  • loss of goodwill;
  • wasted management or office time; and
  • for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable or advised of the possibility of the same.
• 9.2.3. Our liability to you shall under all circumstances be limited to a maximum of the amount paid by you (if any) at the time of registration on our Site/ App to use the Services.
• 9.2.4. In the event of you breaching this Agreement, you agree that TopDoc will be irreparably harmed and may not have an adequate remedy in money or damages. In such an event, TopDoc shall be entitled to obtain an injunction against such a breach from any court of competent jurisdiction. TopDoc's right to obtain such relief shall not limit its right to obtain other remedies.

10.1. TopDoc shall not be liable for any failure to perform or delay in performance of any of its obligations (other than payment obligations for the Service rendered) under this Agreement due to Force Majeure. For the purpose of this clause, “Force Majeure” shall mean fire, explosion, flood, earthquake, Act of God, act of terrorism, war, rebellion, riots, sabotage, strike, lockout, stoppage of work, aggravated epidemic, aggravated pandemic, failure or diminishment of power or other services not under the control of either of the Parties, governmental or military acts or orders or restrictions, terrorist attack, cyber-attack, power outage or any such events or circumstances which are wholly outside the control of the party affected thereby.

10.2. TopDoc will use all reasonable endeavours to mitigate the effect of Force Majeure. Should an event of Force Majeure continue for a period of longer than 45 (forty-five) consecutive days and TopDoc is still unable to perform its obligation, then TopDoc may terminate the arrangement with you under this Agreement upon notice to you without being liable for any compensations or claims.

10.3. Nothing contained in this Agreement should be used as an excuse to delay payment of any dues owed to any Party under this Agreement.

11.1. The jurisdictional court of Mumbai, India shall have sole jurisdiction over any claim arising from, or related to, a visit to / use of the Site/ App or the Services. In case you are from a different country, we retain the right to bring proceedings against you for breach of any of the terms and conditions of this Agreement in your country of residence, country of use or other relevant country. The laws of Mumbai, Maharashtra, India govern this Agreement and these terms and conditions of use of the Services.

11.2. TopDoc accepts no liability whatsoever, direct or indirect, for noncompliance with the laws of any country other than that of India, the mere fact that Site/ App can be accessed or used or any facility can be availed of in a country other than India will not imply that we have anything to do with your jurisdiction or its citizens or accede to the laws of such country.

12.1. Notice: All notices served by TopDoc shall be provided via email registered with your account or as a general notification on the Site/App. If you have any questions or complaints about the online training package, the Site/App and their contents please contact us at support@top-doc.com

12.2. Entire Agreement: This Agreement along with the Privacy Policy, and any other guidelines made applicable to the Site/App from time to time, shall constitute the entire agreement between TopDoc and You with respect to Your access to or use of the Site/App and the Services thereof.

12.3. Assignment: You cannot assign or otherwise transfer Your obligations under the Terms, or any right granted hereunder to any third party. TopDoc's rights under the Terms are freely transferable by TopDoc to any third parties without the requirement of seeking your consent.

12.4. Waiver: No failure on the part of any Party to exercise, and no delay on its part in exercising, any right or remedy under this Agreement shall operate as a waiver thereof, nor will any single or partial exercise of any right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy. The rights and remedies provided in this Deed are cumulative and not exclusive of any rights or remedies provided by Applicable Law.

12.5. Severability: In the event that any provision of this Agreement is determined to be invalid or unenforceable in any jurisdiction, the remaining provisions herein shall remain in full force and effect and shall be liberally construed so as to effectuate the purpose and intent of the parties as stated in this Agreement.

12.6. Relationship: The Parties expressly agree that nothing contained herein shall be deemed to create any association, partnership, joint venture or relationship of principal and agent or master and servant or employer and employee between the Parties hereto or to provide either Party with the right, power or authority, whether express or implied to create any such duty or obligation on behalf of the other Party.

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