Terms and Conditions

These terms and conditions (“Terms and Conditions/ T&C”) apply to the use of the the website – ‘[●] ’ and mobile application ‘[●] ’ and all other associated/ancillary applications, products, websites and services (collectively referred to as “Website/Platform/Site”) which post a link to these Terms and Conditions and/or are property of and managed by Ayumed Research Journals & Care Private Limited, a company incorporated under the Companies Act, 2013 having registered office address at [●]  (hereinafter referred to as the “Company”, “we”, “us”, “our”)  which expression shall, unless it be repugnant to the context thereof, be deemed to include permitted successors and assigns).
For the purposes of these Terms and Conditions of use and access, accessing of and/or using the Website/Platform to avail various services as provided on the Website or accessing the credentials and/or information of the offers made available or disseminated or uploaded therein, including all information, tools and services made available shall hereinafter be collectively be referred to as the “Services”.
By accessing or using any version of the Website/Platform, you signify that you have read, understood and agreed to be bound by these Terms and Conditions of use and access, the Privacy Policy of the Company and any other applicable law.
As used herein, “Users” shall mean anyone who uses or accesses the Website/ Services / Platform on any computer, mobile phone, tablet, console or other device (collectively, “Device”).
Accessing or using the Website/Platform for availing the Services provided by the Website/Platform and your continued use of the Website shall be constituted as your acceptance to the T&C, as revised from time to time. If you do not agree with these T&C, please do not access the Website and use the Services.

1. Scope of Services

The Company devoted to an international multimedia publishing business. We strive for a future where researchers are motivated to work together. We aim to maximize the impact of scientific research through openness and global collaboration as we truly believe that science works best when research is open.

1.  Terms and Conditions subject to change

The Company reserves the right to change, modify, add or remove portions of these Terms and Conditions in its sole discretion at any time and without prior notice. Please check these Terms and Conditions periodically for any modifications. Your continued use of the Site following the posting of any changes will mean that you have accepted and agreed to the changes. For this reason, we encourage you to review these T&C each time you access and use the Services.

1. Content and Limitation on Use:

3.1 All content contained on or accessed from the Site, including text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, videos, images, applications, programs, computer code and other information (collectively the “Content”), including but not limited to the design, layout, “look and feel” and arrangement of such Content, is owned by Ayumed Research Journals & Care Private Limited or its licensors and is protected by copyright, trademark and other intellectual property and unfair competition laws. You may print or download Content from the Site for your own personal, non-commercial, informational or scholarly use, provided that you keep intact all copyright and other proprietary notices.
3.2 You may not copy, display, distribute, modify, publish, reproduce, store, transmit, post, translate or create other derivative works from, or sell, rent or license all or any part of the Content, products or services obtained from the Site in any medium to anyone, except as otherwise expressly permitted under these Terms and Conditions, relevant license or subscription agreement or authorization by us.        
3.3 You may not reverse engineer, disassemble, decompile or translated any software in the Content, or otherwise attempt to derive the source code of such software, except to the extent expressly permitted under applicable law, without our prior written permission. You may not engage in systematic retrieval of Content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without our prior written permission.
3.4 Unless expressly authorized by us, you may not use any robots, spiders, crawlers or other automated downloading programs, algorithms or devices, or any similar or equivalent manual process, to: (i) continuously and automatically search, scrape, extract, deep link or index any Content; (ii) harvest personal information from the Site for purposes of sending unsolicited or unauthorized material; or (iii) cause disruption to the working of the Site or any other person’s use of the Site. If the Site contains robot exclusion files or robot exclusion headers, you agree to honor them and not use any device, software or routine to bypass them. You may not attempt to gain unauthorized access to any portion or feature of the Site, any other systems or networks connected to the Site or to any Research Publish Journals server, or any of the products or services provided on, accessed from or distributed through the Site. You may not probe, scan or test the vulnerability of the Site or any network connected to the Site or breach the security or authentication measures on the Site or any network connected to the Site.
3.5 You may not use the Site to publish or distribute any information (including software or other content) which is illegal, which violates or infringes upon the rights of any other person, which is defamatory, abusive, hateful, profane, pornographic, threatening, or vulgar, which contains errors, viruses or other harmful components, or which is otherwise actionable at law. Research Publish Journals may at any time exercise editorial control over the content of the Site.
3.6 You may not, without the approval of Research Publish Journals, use the Site to publish or distribute any advertising, promotional material, or solicitation to other users of the Site to use any goods or services. For example (but without limitation), you may not use the Site to conduct any business, to solicit the performance of any activity that is prohibited by law, or to solicit other users to become subscribers of other information services. Similarly, you may not use the Site to download and redistribute public information or shareware for personal gain or distribute multiple copies of public domain information or shareware.

1. Rights and Permissions

Any questions about whether a particular use is authorized and any requests for permission to publish, reproduce, distribute, display or make derivative works from any Research Publish Journals published works, images or other material should be directed to the External link Research Publish Journals Rights Department.

1. Material Provided to Us or Posted On or Through the Site

1. We do not claim ownership of any content, application or other material that you or third parties provide to us (including feedback and suggestions) or post, upload, input or submit on or through the Site, including our blog pages, message boards, chat rooms and forums, for review by the general public, registered users of the Site or by the members of any public or private community ("Submission").
2.  We are not responsible for their content, accuracy or compliance with relevant laws or regulations. However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you grant us and sub-licensees a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to display, publish and otherwise use your Submission in any format in connection with the operation of our respective businesses (including, without limitation, the Site).
3. We are under no obligation to display or otherwise use any Submission you may provide, and we may remove any Submission at any time in our sole discretion. By Posting a Submission, you also warrant and represent that you own or otherwise control all of the rights to your Submission including, without limitation, all the rights necessary for granting the permission specified above.
4. We shall have the right, but not the obligation, to monitor Submissions to determine compliance with these Terms and Conditions and any operating rules we establish and to satisfy any law, regulation or authorized government request. We shall have the right in our sole discretion to edit, refuse to post, or remove any Submission.

1. Other Terms and Conditions

Additional terms and conditions may apply to purchases of goods or services, to specific portions or features of the Site, and to subscriptions or licenses with institutions with which you may be employed or affiliated. If there is a conflict between these Terms and Conditions and the terms that are posted for or applicable to a specific portion of the Site, for any service offered on or through the Site, or set forth in an institutional subscription or license agreement, the latter terms shall control with respect to your use of that portion of the Site, the specific service or the subscribed or licensed product.

1. Links

 

The Site may contain links to third-party sites or resources. Research Publish Journals is not responsible for the availability of external sites or resources linked to the Site, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Transactions that occur between you and any third party are strictly between you and the third-party and are not the responsibility of Research Publish Journals. Because Research Publish Journals is not responsible for the availability or accuracy of these outside resources or their contents, you should review the terms and conditions and privacy policies of these linked sites, as their policies may differ from ours. The Company welcomes links to the Site. You may establish a hypertext link to the Site, provided that the link does not state or imply any sponsorship or endorsement of your site by the Company.  You may not use on your site any trademarks, service marks or copyrighted materials appearing on the Site, including but not limited to any logos, without the express written consent of the owner of the mark or right. You may not frame or otherwise incorporate into another site any of the Content or other materials on the Site without the prior written consent of the Company.

1. Terms of usage of the Platform:
1. Any transaction entered into by Users of the Website/Platform shall be at the complete risk and consequence of the Users, the Company shall not be responsible for the same.
2. Being a Website/Platform User, you agree to abide by its terms and conditions and that you agree to use the Website/Platform on your own free will and it is not guided by any promotional emails, phone calls and advertisements from the Company and its affiliates and partners. The use of the Website/Platform is solely at your own risk.
3. The Company shall not be under an obligation to indemnify any Website/Platform User for any breach in the representation towards Services through the Website/Platform, and will not be liable to pay any damages, direct or indirect, or consequential damages for loss of revenue, loss of business, loss of data, system crash, faulty operation, malware attacks or slow transmission of the telephone line or web servers or email servers or hardware or software involved in the conduct of the Website/Platform technical disruptions, unavailability of Website/Platform or its online Services, delay, failure, interruption, alteration or damage of any data or other information transmitted or posted in connection with use of the Website/Platform.
4. That the Platform does not guarantee to be error-free or bug-free. We provide no warranty regarding the security, reliability, timeliness, or performance of the Website/Platform or its accuracy, suitability or completeness or timeliness, accuracy of profile pages or any information contained therein, Services (including software, text, graphics, links, or communications) provided on or through the use of the Website/Platform.
5. The Website/Platform and the Services on Website/Platform are provided on an "as is" basis. the Company, its owners, its licensors, and its suppliers to the fullest extent permitted by law, disclaim all warranties, express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties' rights, and fitness for particular purpose.
6. The defaulting Website/Platform User shall indemnify and agrees to keep the Company and its subsidiaries and affiliates, and its and their directors, officers, employees, successors and assigns fully harmless against any complaints, suits, actions, claims, losses, damages , liabilities (including statutory liability), penalties, demands and costs (including without limitation, legal costs of the Company),awards, and/or expenses however arising directly or indirectly from the Website/Platform User arising in connection with Services offered by other Website/Platform User on the Website/Platform or its quality, performance or legalities including allegations of loss of data, system crash or otherwise, and copyright infringement or other intellectual property violations raised by third parties or Customers, or in respect of breach of any of the registered Service provider warranties, representations or undertakings or in any way attributable in whole or in part to registered Service provider's performance of this Agreement or in relation to the non-fulfilment of any of its obligations under this Agreement.
7. The Company, its owners ,directors, employees or agents, successors assigns, affiliates, subsidiaries mentioned on the Website/Platform in any event whatsoever not be liable for any damages (including, without limitation, incidental and consequential damages, direct, indirect, exemplary damages, special or punitive damages, fees, fines, penalties, or liabilities ,personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption, including any computer virus, anticipated profits, loss of profits or revenues, loss of saving, loss of use interruption of business, loss of opportunity, and claims of customers), whether such damages occur prior or subsequent to or are alleged as a results of, the use or inability to use the Website/Platform or the Services, information posted under profile pages, whether based on warranty, contract, tort, or any other legal theory or breach of any of the provisions of this T&C.
8. That by browsing and/or providing your contact details on the Website/Platform you agree that you are solely responsible for any services you avail from Platform and that you agree to defend, indemnify, and hold the Company, its owners ,its officers, directors, employees, agents, licensors, and suppliers, successors, assigns fully harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions or any claims based upon your advertisements on the Website/Platform. Your sole and exclusive remedy for dissatisfaction with the  Website/Platform is to stop using the Website/Platform and its services.
9. Decision of the Company  on pricing and discounts will be final irrespective of what is published on the Website/Platform or anywhere else.

1. Intellectual Property Rights Policy
1. All of the content on the Services, including, without limitation, all of the page headers, images, illustrations, graphics, audio clips, video clips or text, interface, reports generated, trademarks, trade names, trade secrets (“Service Content”), constitute Company’s intellectual property. Copyright laws in all applicable jurisdictions protect the Services and the Services Content;

1. You may access the Services, avail of the features and facilities and utilize the Services Content for your personal or internal requirements only. You agree not to duplicate, distribute, create derivative works of, display, or commercially exploit the Services Content, features or facilities, directly or indirectly, except as expressly authorized herein. In case you want to request permission to commercially exploit any Services Content, you could contact us.

1. The Company  is the sole owner of the underlying software and source code associated with Website/Platform and all the trademarks, copyright and any other intellectual property rights of any nature on the Website/Platform.

1. User Communications
1. Accepting these T&C and providing us with your contact details, implies your express consent to be contacted by us, our agents, representatives, affiliates, or anyone calling on our behalf at any contact number, or physical or electronic address provided by you . You further agree that contacting you in any manner, including without limitation, SMS messages (including text messages), calls using pre-recorded messages or artificial voice, calls and messages delivered using auto telephone dialling system or an automatic texting system, and notifications sent via the Services. Automated messages may be played when the telephone is answered whether by you or someone else. If an agent or representative calls, he or she may also leave a message on your answering machine, voice mail, or send one via SMS.
2. You certify, warrant and represent that the telephone numbers and/or email addresses and any other information that you have provided (at the time of registering on the Website or thereafter or for creating an Account) to us are your own and not someone else's and are true, accurate, current and complete. You represent that you are permitted to receive calls at each of the telephone/ mobile numbers you have provided to us and emails at each of the email addresses you have provided us. You agree to notify us whenever you stop using a telephone/ mobile number(s) and/or email address(es).
2. User Guidelines
1. In consideration of the Company granting you the rights hereunder, you hereby agree not to use the Services for any purpose that is unlawful under any applicable laws and/or in violation of the terms of these T&C and our Privacy Policy. You shall not use the Services in any manner that could damage, disable, overburden, or impair our server, or any network(s) connected to any other server, or interfere with any other party's use and enjoyment of the Services. You shall not attempt to gain unauthorized access to any functions and features, other user accounts, computer systems or networks connected to any other server, in any manner, including, through hacking, password mining or any other means. You shall not obtain or attempt to obtain any materials or information through any means which is not intentionally made available to your Account or through the Services.
2. You accept that any and all operations emanating from your Device shall be assumed to have been initiated by you.
3. You shall not copy, reproduce, distribute, or create derivative works or modify the Services Content that is available on the Website/Platform. Also, you shall not attempt to decompile or reverse engineer or reverse compile our technology/ software that is available on the Website or transfer the material to another person or “mirror” the material on any other server, including, without limitation, such Java applet, as may be associated with the Website/Platform and/ or the Services from time to time.
4. You are responsible for any and all activities undertaken on the Platform by you.
5. You shall be liable for losses incurred by the Company or any other party due to a third party’s use of the Account. You shall not use any other person’s account at any time, without the permission of the account holder and the Company.
6. The Company shall make all reasonable efforts to ensure that your information is kept confidential. However, the Company shall not be responsible for any disclosure or leakage of confidential information and/or loss or damage of the Device due to theft, negligence or failure on your part to practice safe computing.
7. You shall ensure that while using the functions and features, all prevailing and applicable laws, rules and regulations, shall at all times, be strictly complied with by you and the Company shall not be liable in any manner whatsoever for default of any nature, by you, regarding the same.
8. You understand that any agreement made by you for provision of Services or receipt of Services shall be made between you and the Company and not directly between you and the party to whom such services are provided or from whom such services are sought.
9. You understand and acknowledge that upon using the Services, you authorize us to access third party sites designated by you, on your behalf, to display advertisements as requested by you, and to register for accounts requested by you. For all purposes hereof, you hereby grant us a limited powers and hereby authorize us with the full power of substitution and re-substitution, for you and in your name, place and stead, in any and all capacities, to access third party internet sites, servers or documents, retrieve information, and use your information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with services and facilities available on the Services, as fully to all intents and purposes as you might or could do in person.

YOU ACKNOWLEDGE AND AGREE THAT WHEN WE ACCESS AND RETRIEVE INFORMATION FROM THIRD PARTY SITES, WE ARE ACTING AS YOUR AGENT, AND NOT THE AGENT OR ON BEHALF OF THE THIRD PARTY.
You agree that such third parties shall be entitled to rely on the foregoing authorization, agency granted by you.

1. Accuracy of materials

The material as part of the Services and as appearing on the Website could include technical, typographical, or photographic errors. The Company does not warrant that any of the material on the Website/Platform is accurate, complete or current. While, the Company may make changes to the material made available as the Services or on the Website/Platform at any time without notice, however it is under no obligation to update the material.

1. Third Party Links, Promotions and Advertisements
1. All the websites linked to the Website/Platform are not verified by the Company and inclusion of any link does not imply endorsement by the Company and usage/ access of/ to any such linked website is at the user's own risk.
2. The Website/Platform may from time to time run promotions and advertisements of third parties, products and/or services. Your relationships and business dealings with any such third parties shall be solely matters between you and such third parties.
3. You acknowledge and agree that the Company is not responsible or liable for any loss or damage of any kind incurred as a result of any such dealings with such third parties.
2. Force Majeure

The Company shall not be liable for failing to perform, or delay in performance of, any of its obligations if, and to the extent that, such failure or delay is caused by an event substantially beyond its control, including but not limited to acts of God, acts of the public enemy or governmental authority in its sovereign or contractual capacity (including but not limited to declaration of lockdown), war, terrorism, floods, fire, strikes, epidemics, pandemics, civil unrest or riots, and/or power outage or grid failure.

1. Indemnification

You agree to protect, defend and indemnify us and hold us and our officers, directors, partners, employees, agents, investors and representatives harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your access and use of the Website/Platform and/or the Services in violation of these T&C and/or your infringement, or infringement by any other user of your Account, of any intellectual property or other right of anyone.
The terms of this provision will survive any termination or cancellation of these T&C or your use of the Services.

1. Warranties
1. The Services and the functions and feature of the Website/Platform are provided on an “as is” and on an “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

 

1. The Company shall make reasonable efforts to provide the Services and the functions and features. However, we make no warranty that the Services shall meet your requirements, be uninterrupted, timely, secure, and/or error free. Further we do not make any warranty as to the results that may be obtained from the use of the functions and features or as to the accuracy, reliability and/or quality of the output derived therefrom.
2. The Company shall not be liable for the loss and/or damage of the confidential information or data of the User arising as a result of an event or a series of related events, that is beyond its control including failures of or problems with the internet or part of the internet, attempted hacker attacks, hacker attacks, denial of service attacks and/or viruses or other malicious software attacks or infections.
3. Any material downloaded or otherwise obtained through the Services is done at your own discretion and risk and you are solely responsible for any damage to your Device or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from us through or from the Service will create any warranty not expressly stated in these T&C.
1. Limitation of Liability

In no event shall we be liable for any direct, indirect, punitive, incidental, special or consequential damages or for any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the access, use or performance of the services, functions and features or for interruptions, delay, etc., even if we were advised of the possibility of damages resulting from the cost of getting substitute facilities on the services, any services, data, information or services purchased or obtained or messages received or transactions entered into through or from the services, unauthorized access to or alteration of your transmissions or data statements or conduct of anyone on the services, or inability to use the services, the provision of or failure to provide the functions and features, whether based on contract, tort, negligence, strict liability or otherwise. This clause shall survive in perpetuity.

1. Confidentiality
1. "Confidential Information" means non-public information that Disclosing Party designates as being confidential in writing or orally or it is third party /Customer's sensitive information which is disclosed in confidence or which under the Confidential Information circumstances surrounding disclosure ought to be treated as confidential "Confidential Information"
2. For perpetuity from respective disclosure under this Agreement, the receiving Party shall treat as confidential all Confidential Information Provided by the other Party, including the trade secrets, proprietary information, sensitive personal information, or other sensitive information belonging to its customers, financial details, shall not use such Confidential Information except as expressly set forth herein or otherwise authorized in writing, and shall not disclose such Confidential Information to any third party except as may be necessary and required in connection with its rights and obligations under this Agreement.

Exceptions: Notwithstanding the above, neither Party shall have liability to the other with regard to any Confidential Information which-

1. Was generally known and available in the public domain at the time it was disclosed, or becomes generally known an available in the public domain through no fault of the receiver.
2. Was known to the receiver at the time of disclosure as shown by the files of the receiver in existence at the time of disclosure.
3. Is disclosed with the prior written approval of the discloser
4. Is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided; that the receiver shall provide reasonable advance notice thereof to enable the discloser to seek a protective order or otherwise prevent such disclosure.
1. You acknowledge and agree that the Confidential Information so provided to you shall at all times be the property of the Company and any breach of the same shall cause irreparable damage to the Company.
5. Severability

If any provision of these T&C is held to be illegal, invalid or unenforceable under any present or future applicable laws: (a) such provision will be replaced with another, which is not prohibited or unenforceable and has, as far as possible, the same legal and commercial effect as that which it replaces; and (b) the remaining provisions of the T&C will remain in full force and effect and will not be affected by the illegal, invalid, or unenforceable provision or by its severance here from.

1. Termination
1. The Company may block, restrict, disable, suspend or terminate the use of the Services at any time without giving any notice to you in case you are inter alia found to (i) Be in breach of the terms of these T&C (including the Privacy Policy); (ii) Violate any applicable laws; (iii) Be infringing the intellectual property rights of any third party; (iv) Be acting in a manner which may result into any claim against The Company .

1. Upon termination, the rights and license granted to you herein shall terminate and you must cease all use of and access to the Services and/ or Website and you must destroy any downloaded materials in your possession whether in electronic or printed format.
2. Any termination of your right to use or access the Website/Platform and/ or the Services shall not affect liability incurred by you prior to such termination.
1. Waiver

Any failure on the part of The Company  to require performance of any provision of these T&C shall not affect its right to full performance thereof at any time thereafter, and any waiver by the Company  of a breach of any provision hereof shall not constitute a waiver of a similar breach in the future or of any other breach.

1. Assignment

You shall not assign or transfer any rights, obligations, or privileges that you have under these T&C, without the prior written consent of The Company . Subject to the foregoing, these T&C will be binding on your legal heirs, successors and permitted assignees. Any assignment or transfer in violation of this clause will be deemed null and void. The Company’s rights under the T&C are freely transferable by The Company  to any third parties without the requirement of intimating you or seeking your consent.

1. Updates
1. The Company  reserves the right to update the Website/Platform and/ or the Services, in order to, inter alia, increase efficiency, optimize user interface, and add new facilities from time to time.
2. You hereby agree to install the updates from time to time and acknowledge that The Company  will only be able to provide Account support for the Services if you ensure to install all updates upon receiving notifications thereof when using the Services.
2. Validity of T&C

These T&C shall apply when you complete the authentication process and create an Account and shall remain valid and binding on you for so long as you maintain the Account.

1. Governing Law and Jurisdiction

These T&C (and by extension, the Privacy Policy) are governed and construed in accordance with laws of India. By using the Services, you hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Mumbai, India, in the event of any disputes arising out of or in relation to your access to and use of the Services.

1. Grievance Redressal

The User may, report violation of breach of privacy, Information or identify theft or grievances in relation to the Information shared, collected, stored or disseminated by the Company in relation to the Website/Platform on [●].