TERMS AND CONDITIONS

Please read the following terms and conditions of use ("Terms of Use") of the services  https://www.conceptualorthopedics.com/  or the equivalent Conceptual Orthopedics Mobile Application available on Google Play or Apple Store ("Conceptual Orthopedics App" / "Website"). The Conceptual Orthopedics App or Website on which the Services are availed may together be referred to for convenience as the "Platform".

For the purpose of these Terms of Use, wherever the context so requires "Your" , "You" or "User" shall mean any natural or legal person who browses the Platform or has agreed to become a subscriber to the Services on the Platform by providing login credentials while registering on our Platform as a Subscribed User (defined below). The term "We" , "Us" , "Our" shall mean Conceptual Orthopedics ("Conceptual Orthopedics").

When You use the Platform, You will be subject to these Terms of Use. We may update these Terms of Use from time to time and will endeavour to notify You of such changes at the earliest. Please ensure You read our Terms of Use and any updated version thereof before proceeding to use the Platform or the Services, as the case maybe.

1. Acceptance of Terms

1.1 These Terms of Use set forth a legally binding contract between Us, and You, the user. By using the Platform, You agree to be bound by all the conditions stated herein. Even if You only visit the Website or review any of the service offerings made available by Us, You will be bound by these Terms of Use. If You do not accept these Terms of Use, You must not use the Website or the Platform.

1.2 In consideration of your use of the Website and App, You agree :

  • (a) To provide true, accurate, current and complete information about yourself complying with Clause 2 of this Terms and Conditions and as prompted in order to generate the login credentials;
  • (b)To the responsibility of ensuring that You meet the required qualification while opting for the Pro Account (defined hereunder);
  • (c)To maintain and promptly update your login credentials to keep it true, accurate, current and complete
  • (d)And acknowledge that Conceptual Orthopedics is not responsible to ensure that You Conform to the eligibility criteria;
  • (e)To seek the consent of Your parents/legal guardians before providing any Information about Yourself or Your parents and other family members on the Conceptual Orthopedics App.
  • (f)That We are not responsible for any consequence that arises as a result of misuse of any kind in the Conceptual Orthopedics App or any of Our Services

1.3 If You provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, We reserve the right to suspend or terminate your account and refuse any and all current or future use of the Platform.

1.4 This document is an electronic record in terms of the Information Technology Act, 2000 (“IT Act”), the rules thereunder as applicable, and the provisions pertaining to electronic records in various statutes as amended by the IT Act. This electronic record is generated by a computer system and does not require any physical or digital signatures.

1.5 1.5 You may access the Website or subscribe to the Services only for Your personal use. The Platform as a whole, is owned exclusively by Conceptual Orthopedics. You acknowledge that Conceptual Orthopedics is providing You with a revocable, limited, non-exclusive, and non-transferable license to use the features of the Website and the App. You will upon logging into the Website as a regular user be entitled to view Our limited free content as a demo of the offerings. You will get access to once You enrol as a Subscriber. You are advised to review this free content before taking the decision to proceed to subscribe to the Services as a Subscribed User as defined in clause 1.7.

1.6 By registering Your e-mail address and/or phone number with Us, You consent to be contacted by Us via phone calls, SMS notifications, and/or e-mails, in case of any subscription or Service updates.

1.7 You are entirely responsible for maintaining the security and confidentiality of Your account as well as the login credentials to the account once you become a Subscribed User.

1.8 We will not be liable for any loss that You may incur because of someone else using Your account, either with or without Your knowledge. You may be held liable for any losses incurred by Us or another party due to someone else using Your account.

1.9 Due to the global nature of the Internet, You agree to comply with all applicable local laws, state specific laws, and regulation rules regarding use of the Website. Specifically, You agree to comply with all applicable laws regarding the transmission of technical data and information, exported from India or the country in which You reside.

2. Eligibility

2.1 2.1 Persons who are "competent/capable" of contracting within the meaning of the Indian Contract Act, 1872 shall be eligible to register for Conceptual Orthopedics App and be a Registered User (defined hereunder). Persons who are minors are not eligible to register for Our Services. As a minor if You wish to use the Conceptual Orthopedics App or Our Services, such use shall be made available to You by Your legal guardian or parents, who has agreed to these Terms. In the event a minor utilizes the Conceptual Orthopedics App/Website/Services, it is assumed that he/she has obtained the consent of the legal guardian or parents and such use is made available by the legal guardian or parents.

2.2To register on the Platform for availing the Services (as defined in Clause 3.1 below) on an account login based paid subscription ("Subscriber" / "Subscribed User"), You will be required to give details to validate your eligibility by filling in all mandatory fields in the online Service subscription enrolment form.

Subsequent to You completing all fields in the Service subscription form, you will have access to the free content or the Basic Plan in the capacity of Registered User and have the option to purchase a paid subscription of your choice. If You choose to purchase a paid subscription, You will be directed to the purchase page and select the Services and duration for which You wish to become a Subscribed User. Post registration, only once the payment has been received by Conceptual Orthopedics, will You attain the status of a Subscribed User or as Pro User. After the payment is complete, You will receive a confirmation email to the registered email id confirming your plan details and credentials for accessing the Platform.

3.Services of Conceptual Orthopedics

3.1 To avail the full range of course content offered as part of the Services, You will have to mandatorily be a Subscribed User meeting all the requirements set out in Clause. The Services and amounts payable to access the Services may differ for different Subscribed Users and will be based on the course combination chosen by You either at the time of enrolling as a Subscribed User or thereafter based on the courses a Subscribed User adds through his/ her account. In these Terms of Use, the term "Services" shall mean and include without limitation, the online tutorial videos and content as well as study materials that will be accessible to You as a Subscribed User and will exclude the free demo content that is accessible to all Registered Users visiting the Platform. The foregoing meaning and scope of Services may be subject to change and the definition shall not in any way limit or restrict Our right to remove or add features to the Platform.

3.2 As a "Registered User", You are enrolled to the free plan by default and have the option to purchase a Pro Services Account ("Pro Account") and become a Subscribed User.

3.3You agree that any Services provided by Conceptual Orthopedics may be subject to change at the discretion of Conceptual Orthopedics and Conceptual Orthopedics may add, remove or modify offerings to its existing scope of Services at such fees as will be solely determined by Conceptual Orthopedics.

3.4Conceptual Orthopedics may at its discretion revise the amount payable in respect of existing offerings forming part of the Services that may be made available to You.

3.5You agree that Conceptual Orthopedics may at any time and for any reason, terminate Your access to whole or part of the Platform, or restrict or suspend Your access to your Subscribed User account, for any or no reason, with or without prior notice, and without any liability to You.

4. Subscriber Account, Password and Security

4.1 If You use the Platform and wish to avail Services by creating a User account, You may be required to submit your phone number and/or email ID and choose a password which will be the only set of credentials basis which You will be granted access to the Platform and its Services. You are responsible for maintaining the confidentiality of Your password and other credentials to access the Services. If there is any compromise to Your account, You can change your password using the 'forgot password' functionality available on the login page used to access the Platform.

5. Third Parties

5.1We may use/integrate another third party’s platform on Our Website or the Conceptual Orthopedics App. We may also use third party platforms to provide services to ourselves. In such event, You will be bound by such third party’s terms and conditions, privacy policy, and any other applicable policies. You also agree and hereby authorize Conceptual Orthopedics to share Your details and personal information with such third parties to the extent necessary for Conceptual Orthopedics to deliver the Services to You.

6. Payment Terms

6.1Any payments made to Conceptual Orthopedics in respect of Services are subject to the payment terms of Conceptual Orthopedics as will be notified to You once You initiate the process to become a Subscribed User.

6.2 The Fee including GST and any delivery charges payable in relation to delivery of hard copy or electronic versions of document based Study materials, if applicable, will be shown prior to completion of the online payment transaction.

6.3In the unlikely event that, due to a technical error, the amount of the Fee displayed on the Platform is incorrect, Conceptual Orthopedics will notify You as soon as it reasonably can. If the correct amount of the Fee is higher than the amount displayed on the Platform, Conceptual Orthopedics will contact You through your registered e-mail address and/or phone number to notify You of the correct Fee. To avail all Services for the duration of Subscription, You may be required to remit any additional fees such that the correct Fee is paid by you.

6.4Conceptual Orthopedics hereby notifies You that Conceptual Orthopedics uses third party payment gateway service providers to process payment made by You towards the Service subscription. It is hereby clarified that Conceptual Orthopedics will not be responsible for any payment failures or errors occurring due to technical issues at the bank’s end or issues arising from the third payment gateway and all such issues should be resolved directly between You and the banking or payment gateway partner concerned.

6.5The provision of the online tutorials forming part of the Services are contingent upon Conceptual Orthopedics having received cleared funds from You in respect of the Fee for the relevant Service subscription. Without prejudice to Conceptual Orthopedics’s rights and remedies under these Terms of Use, if any sum payable is not paid on or before the due date, Conceptual Orthopedics reserves the right, forthwith and at Conceptual Orthopedics’s sole discretion, to suspend Your access to the Services and refuse You entry to the course You intended to avail as part of the subscription to the Platform.

7. Disclaimer as regards Study materials

7.1 The term "Study Materials" as used in these Terms of Use include the videos, question bank, test series and any other learning material posted for the specific topics as well as other hard copy or electronic materials that maybe made available from time to time. Sometimes soft copy document versions of the video lectures maybe provided to a Subscribed User basis Conceptual Orthopedics’s sole assessment as regards the need for such material. Where soft copy Study Materials accompany the Services, these study materials will be made available to You, upon meeting all the conditions stipulated in these Terms of Use and You becoming a Subscribed User.

7.2 Conceptual Orthopedics does not make any representation, guarantee or commitment to You that the Study Materials offered either in the demo versions or as part of subscribed Services will be error free.

7.3 The Services and all accompanying Study materials are only offered purely on "AS IS" basis and Conceptual Orthopedics expressly states that the Study Material and the Services are not intended to act as a substitute for professional medical opinion on ailments.

7.4 Conceptual Orthopedics does not claim any guaranteed rank, mark or success with the use of "Conceptual Orthopedics" platform.

8. Online Subscription and Access Terms

8.1 Except as set out in the description of the subscription model available on the Platform, no additional study materials and/or video tutorials will be provided by Conceptual Orthopedics.

8.2 Upon receipt of a confirmation e-mail from Conceptual Orthopedics you will be notified when You (only as a Subscribed User) have access to purchased Services and for the length of time such access will be made available to You, subject however to Conceptual Orthopedics’s absolute right to suspend or terminate access in accordance with these Terms of Use.

8.3 A subscription received is personal to You and You shall not transfer or share your right to access the Study Material or further sell the subscription or allow access to the subscription to any other person for consideration or otherwise.

9. System Requirements

9.1 Please note that it is Your responsibility to check that the computer or device You plan to use to access the subscription is compatible with the minimum specification requirement that relates to the subscription You are opting for. You acknowledge and accept that Conceptual Orthopedics cannot be held responsible for any technical problems (including but not limited to playback of video content) with any systems, computers or devices You encounter following the commencement of the subscription.

9.2 Minimum System Requirements:

  • 9.2.1 Android 6.0 - Non-rooted - DRM supported devices
  • 9.2.2 iOS 10.0 - Non-jailbroken

9.3 Minimum Internet Speed:

  • 9.3.1 For Videos = 0.8Mbps
  • 9.3.2 For other Services = 0.2Mbps

9.4 Recommended Internet Speed:

  • 9.4.1 For Videos = 0.8Mbps
  • 9.4.2 For other Services = 2Mbps

10. Modifications to Subscription

10.1 From time to time, Conceptual Orthopedics may make modifications, enhancements or issue clarifications (for example, clarification of doubt, interactive sessions) to the subscription, including but not limited to changes in Services, number of Services available, pricing and validity of Subscription duration.

11. Technical Support and Access

11.1 Conceptual Orthopedics does not warrant uninterrupted or error-free operation of the subscription.

11.2 Conceptual Orthopedics is not obliged to offer You any technical support in relation to your subscription other than the specific support that has been included as part of the subscription plan You have opted for.

11.3 You also accept and acknowledge that Conceptual Orthopedics cannot be held responsible for any delay or disruptions to your subscription as a result of such suspension or any of the following but not limited to:

  • (a) the operation of the internet and the World Wide Web, including but not limited to viruses;
  • (b) any firewall restrictions that have been placed on your network or the computer You are using to access the Services;
  • (c) failures of telecommunications links and equipment; or
  • (d) updated browser issues
  • (e) DRM protocols preventing playback of media
  • (f) Not meeting standards any of the minimum system requirements as defined in clause 8.

12. Disclaimer of Warranties and Liabilities

12.1 We shall not be liable for any interference, virus, hacking, or any such consequence, caused by any network or internet service providers and failure of device manufacturers to support DRM protocols.

12.2 Any content posted on a third-party platform, by Us or any authorised third party, shall be subject to the terms and conditions, and policies, of that third-party platform in addition to the terms and conditions set forth herein.

12.3 Subject to applicable laws, in no event will Conceptual Orthopedics or its employee's, or its agent's, partners, and contractor's, aggregate liability arising from or related to the aforesaid services to you, exceed the payments actually received and retained by Conceptual Orthopedics from you, for any and all causes of action brought by you or your agents. in the event that you are not a subscribed user, Conceptual Orthopedics will not be liable to you under any circumstances.

12.4Conceptual Orthopedics is only a platform that can be utilized by users to reach publishers from whom they can buy books.

12.5The transaction is between the publisher and the user and that the Company is only an intermediary. The Company is not responsible for any non-performance or breach of the transaction entered into between the end-user and the publisher. The Company does not guarantee that the concerned publisher will perform any transaction concluded on Conceptual Orthopedics.

12.6 That the Company provides no warranty or guarantee regarding the books and that any such warranty or guarantee (if any) is provided solely by the publisher.

12.7The Company does not hold any right, title or interest over the products sold by the publisher.

12.8The Company is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.

13. Disclaimer of Services

13.1 Any information provided to You through the Platform, should not be treated as medical advice, opinion, diagnosis, prescription, or treatment. You acknowledge that We have not been authorized or recognized by any regulatory body or medical council to give any sort of medical advice, opinion, diagnosis, prescription or treatment. You also understand that the Services provided to You shall not be construed as medical classes and Conceptual Orthopedics's Services do not come within the purview of medical training as regulated and recognized by Medical Council of India or other regulatory bodies.

13.2 You acknowledge and agree that the suggestions and recommendation provided by Us on the Platform, are only suggestions, and You may comply with it at Your choice and option. Conceptual Orthopedics offers You various services via the Platform, to help You prepare for medical entrance examinations with customised support and assistance.

14. Data protection

14.1 Conceptual Orthopedics will process the information it receives from You or otherwise holds about You in accordance with these Terms of Use and the Privacy Policy. You consent to the use by Conceptual Orthopedics of such information in accordance with these Terms of Use and Conceptual Orthopedics's Privacy Policy.

14.2 You acknowledge that Conceptual Orthopedics may conduct online surveys from time to time. The data collected through these surveys are used to gauge our service, collect demographic information and other information that we may find useful. We may share non-personal, aggregated information with third parties. By agreeing to these Terms of Use, You agree to Conceptual Orthopedics using your information in this manner.

15. Prohibited Conduct

15.1 You agree that You shall not use the Services or the Website in order to host, display, upload, modify, publish, transmit, update, distribute, share, store material. You are bound not to cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or software obtained from the website. With our prior permission limited use may be allowed. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.

  • (a) in violation of any applicable law or regulation;
  • (b)in a manner that will infringe the copyright, trademark, trade secret or other intellectual property or proprietary rights of others or violate the privacy, publicity or other personal rights of others;
  • (c)that belongs to another person and to which the user does not have any right to;
  • (d)that is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, threatening, abusive or hateful or racially, ethnically objectionable, disparaging, relating encouraging money laundering or gambling or otherwise unlawful in any manner whatsoever;
  • (e) that harms minors in any way;
  • (f) that impersonate another person or entity;
  • (g)that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of Conceptual Orthopedics's computer systems or site or Conceptual Orthopedics's Users, customer's computer systems or site;
  • (h)threatens the unity, integrity, defence, security or sovereignty of India and any other countries, friendly relations with foreign states or of public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or insulting any other nation.

15.2 If You become aware of misuse of the Service by any person, please contact us.

15.3 You shall not either as a regular browsing user, Basic Plan user, or as a Subscribed User use the Platform to either directly or indirectly either alone or with another third party disassemble, reverse engineer or decompile any part or whole of the Platform in order to get access or attempt to get access to the underlying software, source or proprietary technology which enables the Services or other functionalities of the Platform or do anything with an intent to create derivative works or competing platforms that provide same or similar services.

15.4 You shall not either directly or through other third parties take, post, publish, transmit or otherwise make available any of the Study Material or video tutorials on any other medium. Further, You undertake not to use, display, mirror or frame the Platform or any individual element within the Platform.

15.5 You shall not copy or record or make any attempt to copy or record part or whole of the Services or use the Services for further distribution any mode so as to commercially benefit from the Study Material or engage in any form of piracy.

16. Termination or Suspension of Account for Illegalities or suspected Illegalities

16.1 If there is a suspicion of untoward or illegal activity, we may suspend your account immediately and if required, debar all future access by You to the Platform.

16.2 Conceptual Orthopedics reserves the right to cancel any subscription it believes has been compromised, or is being used fraudulently, at its own discretion without any financial liability to You.

16.3 User's account will be Blocked for the following reasons ( but not limited to):

  • (a) If found suspicious (High/ Suspicious Activity)
  • (b) Usage of Rooted/ Jail-broken Devices, Emulators, Chrome Cast, Android TV, Amazon Fire 3)TV/ Smart TV/ Apple TV or any other virtual machines.
  • (c) Screen Casting, Screen Recording, Screen Mirroring
  • (d) Using a camera, phone or any other device to record any Platform content
  • (e) Sharing Conceptual Orthopedics Screen Shots in Social Media or any other Network.
  • (f) Sharing Conceptual Orthopedics Accounts Credentials with anyone.
  • (g) Usage of Multiple Devices (Other than upto  Two Devices for Personal Use)
  • (h) Abusing Conceptual Orthopedics Faculties.
  • (i) Try to sell Conceptual Orthopedics Pro Accounts and Contents.

17. Preservation/Disclosure

17.1 You acknowledge, consent and agree that Conceptual Orthopedics may access, preserve and disclose Your account information if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to:

  • (a) comply with legal process nationally or internationally;
  • (b) enforce this Agreement;
  • (c) respond to claims that any content violates the rights of third parties;
  • (d) protect the rights, property or personal safety of Conceptual Orthopedics, its subscribers and the public;
    or
  • (e) pursuant to the terms of the Privacy Policy, reach You for marketing or promotional purposes through any channel.

18. Security Components

18.1 You understand that Conceptual Orthopedics and software embodied within Conceptual Orthopedics and the Services you access may include security components that permit digital materials including the Study Materials to be protected, and that use of these Study Materials is subject to usage rules set by Conceptual Orthopedics. You shall not attempt to override, disable, circumvent or otherwise interfere with any such security components, encryptions and usage rules embedded into Website or the specific Services accessible through Your Service account.

19. Proprietary Rights

19.1 All materials on Website, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software and other elements (collectively, "Material") are owned and controlled by Conceptual Orthopedics. You acknowledge and agree that all Material on Conceptual Orthopedics is made available for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere in Conceptual Orthopedics, no Material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Conceptual Orthopedics's prior express written permission. You may not add, delete, distort, or otherwise modify the Material. Any unauthorized attempt to modify any Material, to defeat or circumvent any security features, or to utilize Conceptual Orthopedics or any part of the Material for any purpose other than its intended purposes is strictly prohibited.

20. Conceptual Orthopedics and Third Parties

20.1 All the tutors in the tutorial videos You access as part of the Services You use or subscribe for are independent third parties and not employees of Conceptual Orthopedics. The professional and technical information contained in the video tutorial are the sole responsibility of the Tutor. Even though Conceptual Orthopedics reviews content hosted as part of the Services on a best effort basis, Conceptual Orthopedics disclaims all warranties as regards the authenticity or correctness of information communicated to You by the tutors and Conceptual Orthopedics does not guarantee that the tutor videos contain updated information on the subject matter.

20.2 The Website may contain links to other apps or web pages owned by third parties (i.e. advertisers, affiliate partners, strategic partners, or others). We are not responsible for examining or evaluating, and we do not warrant the products or offerings of, any of these businesses or individuals, or the accuracy of the content of their website. Conceptual Orthopedics does not assume any responsibility or liability for the actions, product, and content of any such websites. Before You access or visit any third party app or website, You should review website terms of use and policies for such app or web pages. If You decide to access any such third party platform, You do so at your own risk. The hosting of such links to third party content cannot under any circumstances be construed as Conceptual Orthopedics’s endorsement of such third parties and You shall not implead Conceptual Orthopedics in any suit or claim involving You and such third parties.

21. Trademark, Copyright and Restriction

21.1 Conceptual Orthopedics provides You with a single limited license to use and access Website and Materials hosted as part of the subscribed Services on devices which Conceptual Orthopedics has permitted access at the time of Your subscription to the Services for the limited purpose of accessing the tutorial or associated Study Materials online. The license is specifically personal, non-transferable, and non-exclusive. All content on website or the App, which is including, but not limited to, designs, text, graphics, images, information, logos, button icons, software, audio files and any other similar content are the exclusive and sole property of Conceptual Orthopedics.

21.2 All icons and logos are proprietary to Conceptual Orthopedics. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.

21.3 All material on the Platform, including images, illustrations, audio clips, video clips and third-party licensed images are solely for your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by e-mail or other electronic means, whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of Conceptual Orthopedics, modification of the Content, use of the Content on any other website, app or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited.

21.4 At all times, Conceptual Orthopedics and/or its licensors, remain the owner of the intellectual property in the tutorial, and the study materials. No Course and/or study materials nor any part thereof may be reproduced, stored in a retrieval system or transmitted any form or by any means without the prior written permission of Conceptual Orthopedics.

22. Terms and Termination

22.1 This Agreement shall remain in full force and effect for so long as You use Conceptual Orthopedics. You may terminate your subscription at any time, for any reason, by contacting the Support channels as mentioned in Clause 15 .2. Conceptual Orthopedics however does not offer any refunds because of Your termination or discontinuation of the Services. Any termination or Subscription modifications initiated by You are subject to the Policy as mentioned under Cancellation Policy.

22.2 Conceptual Orthopedics reserves the right to terminate Your services without prior notice. Your account or Your access to Conceptual Orthopedics will be terminated immediately, with or without notice to You, and without liability to You, if Conceptual Orthopedics believes that You have breached any of covenants, conditions, restrictions or limitations contained in these Terms of Use or the Privacy Policy, or any false or misleading information, or interfered with use of Conceptual Orthopedics by others.

23. Disclaimer of Warranties and Liability

23.1 All Content on the Platform, (including but not limited to software) and Services, included on or otherwise made available to You across all mediums are provided on permitted number of views basis on a limited number of whitelisted devices without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, Conceptual Orthopedics does not warrant that:

  • (a) Platform will be constantly available or;
  • (b) The information made available through the Services on the Platform is complete, true or accurate.

23.2 Conceptual Orthopedics is not responsible to You for any data that You lose either (a) as a result of accessing the tutorial, or (b) as a result of accessing study materials, or (c) otherwise during the course of subscription. It is your responsibility to ensure that You regularly save and back up (i) all data which You hold on the computer from which You are accessing the Services and (ii) all data that You are inputting when completing a study module being offered.

23.3 Conceptual Orthopedics will not be held responsible for any delay or failure to comply with its obligations under these Terms if the delay or failure arises from any causes which is beyond Conceptual Orthopedics's reasonable control.

23.4 Each provision in these Terms of Use shall be construed separately as between You and Conceptual Orthopedics. If any part of these Terms of Use are held to be unreasonable, inapplicable, or unenforceable, but would be valid if some part thereof was deleted, such provision shall apply but with such modification as may be necessary to make it valid and effective.

23.5 The tutorials are for personal training and for knowledge enhancement purposes only. Conceptual Orthopedics will not accept any responsibility to any party for the use of the Services provided and/or the contents of the Study materials for any purpose other than training for educational purposes, including but not limited to the giving of advice by You to any third party. Conceptual Orthopedics shall not be responsible for any claims that may arise as a direct or indirect consequence of any third party placing reliance and acting upon the information obtained as part of the Services or Your advice to a third party basis the Study Material or tutorial videos or any other Services.

24. Indemnity

24.1 You agree to defend, indemnify and hold harmless Conceptual Orthopedics, its subsidiaries, affiliates, subcontractors, officers, directors, employees, consultants, representatives and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or expenses (including but not limited to attorney's fees and costs) arising from:

  • (a) your use of and access to the Website;
  • (b) third party claims from Parties who rely on your representations to them basis the information made available through the Services;
  • (c) your violation of any conditions in the Terms of Use and the Privacy Policy; or
  • (d) your violation of any third party right, including without limitation any copyright, property, or privacy right.

25. Additional Terms

25.1 We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Service or Platform (or any portion thereof) with or without notice. You agree that we will not be liable to You or to any third party for any such modification, editing, deletion, suspension or discontinuance of website.

25.2 This Agreement and any rights and licenses granted here under, may not be transferred or assigned by You, but may be assigned by Conceptual Orthopedics without restriction.

25.3 These Terms of Use together with the Privacy Policy as well as subscription details such as pricing tables and any other legal notices published by Conceptual Orthopedics on the Platform, shall constitute the entire agreement between You and Conceptual Orthopedics concerning the Platform and governs your use of the Service and use of the Platform, superseding any prior agreements between You and Conceptual Orthopedics with respect to the subject matter covered in these Terms of Use.

25.4 The failure of Conceptual Orthopedics to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

25.5 These Terms are governed by the laws of India. Any matters arising under these terms shall be subject to the exclusive jurisdiction of courts located in Panchkula.

26. Grievances

26.1 In case of any grievance arising from the use of Platform, please contact: contact@conceptualorthopedics.com.