Terms and Conditions
Surgixpert – Terms of Service
Welcome to SurgiXpert. Please read these Terms and Conditions (“Terms”) carefully before using the SurgiXpert website, software, applications, and services (collectively, the “Services”).
1. Acceptance of Terms
By accessing or using the Services, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the Services.
2. Definitions
– “surgiXpert,” “we,” “us,” and “our” refer to surgiXpert, Inc. and its subsidiaries and affiliates.
– “User,” “you,” and “your” refer to the individual or entity accessing or using the Services.
– “Healthcare Professional” refers to licensed medical professionals who use our Services.
– “Patient” refers to individuals who receive medical care from Healthcare Professionals using our Services.
3. Medical Disclaimer
3.1 Not Medical Advice
The information provided through our Services is for informational and educational purposes only. It is not intended to be a substitute for professional medical advice, diagnosis, or treatment.
3.2 Consultation Requirement
Always seek the advice of qualified healthcare providers with any questions regarding medical conditions. Never disregard professional medical advice or delay seeking it because of information obtained through our Services.
3.3 Emergency Situations
Our Services are not designed for emergency situations. In case of a medical emergency, contact emergency services immediately.
4. Account Registration and Security
4.1 Account Creation
To access certain features of the Services, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process.
4.2 Account Security
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.
4.3 Eligibility
You represent and warrant that you are at least 18 years of age and have the legal capacity to enter into these Terms.
5. License and Restrictions
5.1 Limited License
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Services for their intended purpose.
5.2 Restrictions
You agree not to:
– Use the Services for any unlawful purpose or in violation of any applicable laws or regulations
– Attempt to gain unauthorized access to any portion of the Services
– Interfere with or disrupt the integrity or performance of the Services
– Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services
– Use the Services in a manner that could harm, disable, overburden, or impair the Services
– Modify, adapt, or hack the Services or modify another website to falsely imply that it is associated with surgiXpert
6. Intellectual Property Rights
6.1 Ownership
The Services and all content, features, and functionality thereof, including but not limited to text, graphics, logos, icons, and software, are owned by surgiXpert or its licensors and are protected by copyright, trademark, and other intellectual property laws.
6.2 Feedback
If you provide any feedback or suggestions regarding the Services, you grant surgiXpert an unlimited, irrevocable, perpetual, sublicensable, transferable, royalty-free license to use such feedback for any purpose without compensation to you.
7. Privacy
7.1 Privacy Policy
Your use of the Services is subject to our Privacy Policy, which is incorporated by reference into these Terms. Please review our Privacy Policy to understand our practices regarding your personal information.
8. Healthcare Professional Responsibilities
8.1 Licensing and Credentials
Healthcare Professionals using our Services represent and warrant that they hold all necessary licenses, certifications, and credentials required to practice in their jurisdiction.
8.2 Standard of Care
Healthcare Professionals are solely responsible for maintaining the applicable standard of care when using our Services.
8.3 Patient Relationship
Our Services do not create a doctor-patient relationship between surgiXpert and Patients. Any such relationship exists solely between the Healthcare Professional and the Patient.
9. Disclaimer of Warranties
9.1 As-Is Basis
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.
9.2 Reliability
surgiXpert does not warrant that the Services will function uninterrupted, secure, or available at any particular time or location, or that any errors or defects will be corrected.
10. Limitation of Liability
10.1 Exclusion of Damages
IN NO EVENT SHALL surgiXpert BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICES.
10.2 Cap on Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, surgiXpert’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS SHALL BE LIMITED TO THE GREATER OF (A) THE AMOUNT PAID BY YOU TO surgiXpert IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR (B) $100.
10.3 Exceptions
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations set forth above may not apply to you.
11. Indemnification
You agree to indemnify, defend, and hold harmless surgiXpert and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising from or relating to:
– Your violation of these Terms
– Your use of the Services
– Your violation of any rights of another person or entity
– If you are a Healthcare Professional, your provision of medical services
12. Modifications to Terms and Services
12.1 Terms Modifications
surgiXpert reserves the right to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect.
12.2 Services Modifications
surgiXpert reserves the right to modify, suspend, or discontinue the Services (or any part thereof) at any time with or without notice.
13. Termination
13.1 Termination by You
You may terminate these Terms by discontinuing use of the Services and closing your account.
13.2 Termination by surgiXpert
surgiXpert may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.
13.3 Effect of Termination
Upon termination, your right to use the Services will immediately cease. Provisions of these Terms that by their nature should survive termination shall survive termination.
14. Governing Law and Dispute Resolution
14.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions.
14.2 Dispute Resolution
Any dispute arising from or relating to these Terms or the Services shall be resolved through:
1. Informal negotiation, to be initiated by sending a written notice describing the dispute
2. If unresolved within 30 days, binding arbitration conducted in [Jurisdiction] in accordance with the rules of the American Arbitration Association
3. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof
14.3 Class Action Waiver
You agree that any proceedings to resolve disputes will be conducted on an individual basis and not in a class, consolidated, or representative action.
15. Miscellaneous
15.1 Entire Agreement
These Terms, including our Privacy Policy, constitute the entire agreement between you and surgiXpert regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties.
15.2 Waiver
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.
15.3 Severability
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
15.4 Assignment
You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, without surgiXpert’s prior written consent. surgiXpert may assign these Terms at any time without notice.
15.5 Force Majeure
surgiXpert shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control.
15.6 Contact Information
If you have any questions about these Terms, please contact us at:
– Email: info@surgixpert.com
By using the surgiXpert Services, you acknowledge that you have read, understood, and agree to be
bound by these Terms and Conditions.
