Terms and Conditions
This legally binding agreement (“Agreement”) is made between Jaypee Brothers Medical Publishers Private Limited (“Jaypee”) and the individual (“you”) identified in the order confirmation on the Diginerve.com website or mobile application (“Website” or “Diginerve”). This Agreement includes the terms and conditions set out below, together with any disclaimers, guidelines or other terms that may be sent to you by Jaypee or agreed to by you, posted on the relevant web page(s) of the Website.
1 . Introduction:
1.1. These are the terms and conditions on which Jaypee agrees to provide you with online access to the Diginerve to which you have subscribed. By subscribing to and accessing Diginerve, you agree to these terms and conditions. If you do not agree with these terms and conditions you should not subscribe to receive Diginerve.
1.2. References in these terms and conditions to “Jaypee” (or “we“, “us” or “our“) are to Jaypee Brothers Medical Publishers Private Limited (Company Identification No. U74899DL1988PTC032056; having office at 4838/ 24, Ansari Road, Daryaganj, Delhi-110002). If you need to contact us, please email at care@Diginerve.com.
1.3. When subscribing to our product(s) you must provide us with accurate and complete information (including payment details, contact and other information) and it is your responsibility to update and maintain changes to that information through your user account. We are entitled to rely on any information you provide to us. All information received by us about you as a result of your subscription or your access to and use of Diginerve will be used by Jaypee in accordance with our Privacy Notice.
2 . Your Subscription:
2.1. Contract with Jaypee. By submitting your payment and online order you are making an offer to Jaypee to buy a subscription to the relevant Diginerve. Your offer will be accepted by us and a contract formed only when we have verified your payment details at which point we will confirm your subscription (by sending you a confirmation email) and provide you with access to the relevant Diginerve for the subscription period set out in your order. If we are unable to accept your order, we will inform you of this and will not charge you for the subscription. By placing your order, you are requesting and agreeing that we may start your subscription and provide you with access to the relevant Diginerve as soon as possible following our acceptance of your order. We may, at our discretion, allow access to Diginerve prior to confirming your subscription but this does not confirm acceptance of your offer.
2.2. Payment details. You must provide us with complete and accurate payment information and details including your geographical location. By doing this, you are representing to us that: you are entitled to purchase the subscription; that you are not subject to any trade sanction; and that we may use such payment information and details in order to pay for the subscription (and for us to process such payment) for the period of your subscription. Though the subscription is not cancellable, if you are entitled to a refund for whatsoever reason, we will credit that refund to the card or other payment method you used to submit payment (unless it has expired, in which case we will contact you at communication details provided by you). If at any time we do not receive payment or your payment authorisation subsequently expires or is cancelled, we may immediately cancel your access to Diginerve in accordance with section 2.8 below.
2.3. Price. The price you pay for your subscription (and the currency in which you pay) will be stated on the relevant web page of the Website from which you began the subscription ordering process. Such price will be re-confirmed to you as part of the ordering process. It is your responsibility to pay any charges that might be applied by your bank or payment provider in paying for your subscription, including in relation to any currency conversion required. Subject to these terms and conditions, in return for us making the relevant Diginerve available to you, you agree to make the payments notified to you at the time of your purchase.
2.4. Incorrectly stated prices. While we try to ensure that all prices we display and quote are correct and accurate, errors may occur and, if they do, we will notify you of the mistake. If we incorrectly state a price, we are not obliged to provide you with a subscription at that price. If we do notify you of such a mistake, even after having accepted your offer to buy the subscription at the incorrect price, you are required to pay the correct price, failing which, we shall be entitled to cancel or suspend your subscription. Refund, if any, would be made as para 2.2
2.5. Taxes and Customs. Unless otherwise indicated, the prices we state for our subscriptions are inclusive of GST (or other similar sales tax) unless otherwise indicated.
2.6. Renewals. Your subscription will not automatically renew at the end of each subscription period unless we have agreed otherwise in writing with you. If you do not renew your subscription it will expire at the end of your current subscription period and you will be deemed to have cancelled your subscription.
2.7. Cancellation by you: You are not entitled to cancel the subscription at any stage.
2.8. Cancellation by Jaypee: Jaypee reserves the right to cancel your subscription if you do not make payment to us or if you breach other terms of the Agreement. Jaypee also retains the right to cancel your subscription should it, or any of its employees or contractors, receive abusive or derogatory comments or correspondence from you (or on your behalf) by any means. If we cancel for any of these reason then we will not refund you any amounts that you have paid us.
2.9. Suspension by Jaypee: We may suspend the supply of products to you: (a) to deal with technical problems or make technical changes; (b) to update the Diginerve to reflect changes in relevant laws and regulatory requirements; or (c) to make changes to the Diginerve as notified by us to you. Where practicable, we will contact you in advance to tell you we will be suspending supply of the Diginerve, unless the problem is urgent or an emergency or where we do not have a correct email address for you.
2.10. Your subscription is personal: Your subscription is personal to you and you may not share with, give, licence or transfer to, any other person any of your rights or entitlements under this Agreement (including to access and/or use Diginerve under your user account using your password and/or user code). You agree to take responsibility for all access to and use of all Diginerve that occurs under your user account and to prevent unauthorised use of it. Without further obligation to you, we may cancel or suspend your access to Diginerve if you share your user account details. If you believe that your user account is being used by anyone else you should inform us immediately via Care@Diginerve.com. We reserve the right at any time to verify and/or validate that you are a personal subscriber to our products and that you are accessing and using Diginerve for your own personal use.
2.11. Fair Use Policy: Users are advised to make judicious and fair use of access (unlimited or limited), of interactive services included with Purchased as well as Free Products. The use of access has been granted under DigiNerve’s Fair Use Policy, and access may be suspended or withdrawn upon misuse being detected.
3 . Your use of Diginerve and the Website:
3.1. Diginerve hereby grants you a non-exclusive, non-transferable right to access and use the Diginerve for your own personal, non-commercial purposes during the period of your subscription. You shall not: a) create derivative works of the Diginerve (including any translation); b) remove, obscure, or change Jaypee’s or its licensor’s copyright notices, policies, disclaimers, terms or other means of identification; c) systematically download or print any part of the Diginerve (other than any certificate awarded by Jaypee in relation to your completion of Diginerve); d) knowingly permit any third party to access or use the Diginerve; e) include, mount or distribute any of the Diginerve in other works (other than legally permitted quotations with an appropriate citation); or f) use or distribute the Diginerve for commercial use.
3.2. Any material you upload to any user forum or via any news voting function will be considered non-confidential and non-proprietary (unless otherwise stated on the site) and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. You agree not to submit material that (in Jaypee’s discretion): a) is unlawful, harassing, threatening or offensive; b) advertises or promotes products or services; or c) infringes on anyone’s rights of privacy. Forums are not actively moderated by Jaypee; if you wish to alert us of content which you feel is inappropriate you should contact us on Care@Diginerve.com.
3.3. While Jaypee will (i) use reasonable skill and care in developing Diginerve and in providing you with access to Diginerve as part of your subscription and (ii) use reasonable efforts to remedy any faults or errors of which we become aware, Diginerve are provided and made available to you via your subscription on an “as is” or “as available” basis. We make no promises in respect of the quality, completeness or accuracy of the information published, or that use of Diginerve will guarantee success in any exam. The Diginerve are intended for use as an exam revision or personal development resource by clinicians or other health professionals; however, it is your responsibility to make your own professional decisions and judgments and to independently verify any information that you may choose to rely upon in Diginerve. Any reference to drug dosage should be checked with a formulary before prescribing.
3.4. Jaypee relies on authors, contributors, contractors and third party data providers to confirm the accuracy of information contained in the Diginerve and therefore Jaypee cannot and does not warrant the accuracy of the Diginerve (or any part of them). Readers should be aware that professionals in the field may have different opinions. Because of this fact and also because of regular advances in medical research, Jaypee strongly recommends that all readers independently verify any information in the Diginerve that they chose to rely upon. Ultimately it is the reader’s responsibility to make their own professional judgements.
3.5. All Diginerve belong to Jaypee or its licensors who own all intellectual property rights (including copyright) in Diginerve. No intellectual property rights in any Diginerve are transferred to you.
3.6. On cancellation or expiry of your subscription, your access to Diginerve shall cease. If you or Jaypee terminates or cancels your subscription as provided under section 2.8 above, all rights to access Diginerve shall cease.
4 . Our liability to you: Please read this section carefully – it makes clear to what extent Jaypee accepts responsibility (liability) to you for your use of Diginerve:
4.1. Jaypee accepts no responsibility if you incur any loss or damage as a result of using Diginerve outside the scope of these terms and conditions. Nor does Jaypee accept any responsibility in respect of any third party products or services referred to or linked to in any Diginerve or the Website.
5 . General:
5.1. Transferring Jaypee’s rights and obligations. Jaypee may transfer its rights and obligations under this Agreement to another organisation without notice to you.
5.2. Severability. Each of the provisions set out in this Agreement operates separately. If any court of competent jurisdiction determines that any of them are invalid, the invalidity will not affect the other provisions which shall remain in full force and effect (and construed accordingly to the extent necessary).
5.3. No waiver. If either party fails to exercise any right or remedy under this Agreement, then such failure does not amount to a waiver of that right or remedy.
5.4. Entire Agreement. This Agreement constitutes the complete agreement between you and Jaypee relating to your use of Diginerve.
5.5. Law & Jurisdiction. This Agreement will be subject to Indian law and both you and Jaypee agree that the courts of New Delhi, India will have non-exclusive jurisdiction to settle any dispute which may arise out of, or under, or in connection with this Agreement.
5.6. Questions & complaints. If you have any questions about your subscription, please contact us on email to Care@Diginerve.com.