TERMS AND CONDITIONS
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Welcome to the "RxSling" mobile application ("App"). The App is
developed and managed by RxPrism Health Systems Private Limited
("RxPrism", "Company", "We", "Our", or "Us"), headquartered at
#9, 1st Cross, 17th Main, HAL 2nd 'A' Stage, BANGALORE 560008
Karnataka, INDIA. The RxSling application is a frontend
application meant for commercial users. The RxSling application
works as an integral part of the "My Show & Tell"
application. Therefore, it is important to note that the Privacy
Policy and the Terms and Conditions of both the applications
flow into one another. You can access the most up-to-date
version of the Terms and Conditions of the My Show & Tell
application at
www.myshowandtell.app/terms.html. The RxSling application is also supported by a robust backend
platform.
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It is also important to note that the My Show & Tell
application serves the Show & Tell video Content "Creators"
of Your organization while the RxSling application serves the
Show & Tell video Content "Distributors" of Your
organization. The Show & Tell video Content thus created by
Your Content Creators using the My Show & Tell application
and distributed by Your video Content Distributors using the
RxSling application are viewed by Your video Content "Viewers".
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The terms "You" and "Your" refer to You as the organization and
"They", "Their", and "Them" refer to Your video Content
Distributors and Your video Content Viewers, collectively known
as the users of the App or of the "Services" offered by the App.
The term 'video Content' will be hereinafter addressed as
"Content".
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PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF THE APP
CAREFULLY. THESE TERMS AND CONDITIONS, TOGETHER WITH THE PRIVACY
POLICY AVAILABLE AT
www.myshowandtell.app/rxsling/privacy.html, THE TERMS AND CONDITIONS OF THE MY SHOW & TELL APP
AVAILABLE AT
www.myshowandtell.app/terms.html, THE PRIVACY POLICY OF THE MY SHOW & TELL APP AVAILABLE AT
www.myshowandtell.app/privacy.html, AND ANY OTHER POLICIES WHICH MAY BE APPLICABLE TO SPECIFIC
PORTIONS OF THIS APP CONSTITUTE THE TERMS OF YOUR ACCESS TO AND
USAGE OF THIS APP. BY ACCESSING OR USING THIS APP, YOU
AUTOMATICALLY AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS,
THE PRIVACY POLICY, THE TERMS AND CONDITIONS OF THE MY SHOW
& TELL APP, THE PRIVACY POLICY OF THE MY SHOW & TELL
APP, AND ANY OTHER POLICIES WHICH MAY BE APPLICABLE TO SPECIFIC
PORTIONS OF THIS APP. IF YOU DO NOT AGREE TO BE BOUND BY THESE
TERMS AND CONDITIONS, THE PRIVACY POLICY, THE TERMS AND
CONDITIONS OF THE MY SHOW & TELL APP, THE PRIVACY POLICY OF
THE MY SHOW & TELL APP, AND ANY OTHER POLICIES WHICH MAY BE
APPLICABLE TO SPECIFIC PORTIONS OF THIS APP, PLEASE DO NOT
ACCESS OR USE THIS APP.
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These Terms and Conditions, the RxSling Privacy Policy, the My
Show & Tell Terms and Conditions, the My Show & Tell
Privacy Policy, and any other policies that may be applicable to
specific portions of this App, and any disclaimers that may be
present on the App are referred to as "Agreement".
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If You are accessing the RxSling App, then this Agreement will
continue to apply to such use. In addition, there may be
additional terms, such as the terms imposed by mobile
application stores, which will govern the use of this mobile
application.
- The features/services of this App are available globally.
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The Agreement supersedes all previous oral and written terms and
conditions (if any) communicated to You.
- The App
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1.1. Users: The App is accessible to Your Content
Distributors while its Services are accessible to Your Content
Viewers:
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1.1.1. Content Distributors: The Content
Distributors are people whom You designate to distribute the
Contents created and shared by Your Content Creators. Only the
Content Distributors whom You preregister can register on the
RxSling App. This method enables You to retain control and track
the activities of Your Content Distributors who are using the App.
As a part of the preregistration, You provide Us the email address
and mobile number of all Your Content Distributors. We preregister
Your Distributors on the RxSling App using the information
provided by You. Your Content Distributors then download and
install the RxSling App on Their mobile devices, register
themselves on the App using the same email address and mobile
number provided by You, and validate themselves via a one-time
password (OTP).
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1.1.2. Content Viewers: The Content
Viewers are people who receive the Contents distributed by Your
Content Distributors as URLs. By clicking or tapping the URLs,
Your Content Viewers can open the Contents on their browser. It is
to be noted that Your Content Viewers do not access the App but
only access the Services of the App.
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1.2. Features of the App: The RxSling App enables
Your Content Distributors to receive Contents from designated
Content Creators, customize the received Contents suitably for
Their Content Viewers based on the customization protocol
configured for the Contents by the corresponding Content Creators,
and share the Contents with Their Content Viewers through multiple
channels.
- Use of the App by All Users
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2.1. You, Your Content Distributors, and Your Content Viewers will
use the App, its features, and its Services only in relation to
and in compliance with all applicable Indian laws. You, Your
Content Distributors, and Your Content Viewers will not use this
App, its features, and its Services for any purposes not intended
under this Agreement.
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2.2. You, Your Content Distributors, and Your Content Viewers will
not deliberately use the App, its features, or its Services in any
way that is unlawful or harms RxPrism, its directors, employees,
affiliates, distributors, partners, service providers, other
users, and/or data/content on the App.
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2.3. You, Your Content Distributors, and Your Content Viewers
understand that as a part of the registration process as well as
in the course of the use of the App, Your Content Distributors and
Content Viewers may receive SMS (short messaging service) messages
and/or emails from Our backend team on Their registered mobile
number and/or Their registered email ID, respectively. These
messages and/or emails will relate to the registration of Your
Content Distributors (eg, OTP confirmation during registration and
forgot password) and any such information found suitable for Your
attention or for the attention of Your Content Distributors and
Your Content Viewers (eg, information on latest App upgrades).
Please note that Our backend team will send these messages and/or
emails only to the mobile number and/or the email ID that You or
Your Content Distributors provide on the App or outside the App.
It is Your responsibility and the responsibility of Your Content
Distributors to ensure that You and They provide the correct
mobile numbers and email IDs. Besides the modes of providing
consent as described in the RxSling Privacy Policy, You, Your
Content Distributors, and Your Content Viewers hereby consent to
receiving such messages and/or emails from Our backend team.
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2.4. We do not enforce any policy for the Account password.
However, depending upon the importance of usage, We request Your
Content Distributors to set a stronger password containing a
combination of alphanumeric and special characters to ensure
maximum protection for Their account.
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2.5. Your Content Distributors cannot edit Their mobile number and
email ID once They complete Their registration on the App. If They
change or forget Their mobile number or email ID, it is important
that They write to Us (on the email ID provided below). We shall
take further steps after careful evaluation and verification with
the administrator(s) of the contracted organization.
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2.6. Once Your Content Distributors log on to the App, Their
session will remain live on their mobile until They sign out
manually. In any unfortunate event of losing Their mobile (theft),
there is a fair chance for someone else to access their RxSling
account from Their lost mobile. Therefore, it is imperative for
Them to log on to Their account from a different device as soon as
possible. When They do that, Their earlier instance on Their
previous device will automatically log out. Besides, They may also
choose to change Their password for additional security.
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2.7. Since all Contents in the App are stored on a cloud, Your
Content Distributors can log in and access Their Content from any
device. Their Personal Information, Activity Information,
Contents, and preferences are deleted only when They delete Their
account, in accordance to the terms of deleting Their account
specified in the RxSling Privacy Policy.
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2.8. You and Your Content Distributors will obtain all relevant
consents and approvals prior to using the App to distribute any
Content.
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2.9. You are responsible for the Content You or Your Content
Distributors post. The consequence of any violation with respect
to Your Content will be borne by You. Please note that We reserve
the rights to remove any abusive, unsocial, objectionable, or
inappropriate Content with or without notice.
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2.10. If Your Content Viewers notice any abusive, unsocial,
objectionable, or inappropriate Content or any copyright
violations, They can report it by tapping the 'i' icon on the
top-right corner of every Show & Tell Content while it plays
and then tapping the 'Report Abuse' button. Upon receipt of Their
complaint, We will evaluate Their request, determine its severity,
and perform appropriate action in no more than 24 hours.
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2.11. All the Contents in the App are public Contents by default.
Public Content is the Content that is accessible through an open
URL. If Your Content Distributors want Us to treat Their Content
as private, They may secure Their Content with a PIN under the
Optional Settings in the Save & Share screen of Their Show
& Tell Content. However, They must remember to share the PIN
with Their intended Content Viewer(s) for Them to access the
Content.
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2.12. We have also incorporated an additional layer of protection
for Your Content by adding a Content-Protection feature in the My
Show & Tell app. This feature restricts Your Content Viewers
from forwarding Your Content URL that They receive from Your
Content Distributors. After Your Content Viewers open and view a
Protection-enabled Content URL on Their device browser and forward
the URL to another individual, that individual will not be able to
open and view it on his/her device browser. In other words, after
a Protection-enabled Content URL is opened and viewed by an
individual on his/her device browser, the same Content URL cannot
be opened and viewed by any other individual on any other device
browsers. Conversely, if a Content Distributor shares a
Protection-enabled Content URL to a Content Viewer and if someone
else, including the Content Distributor himself/herself, opens and
views the URL on his/her device browser before the intended
recipient does so, neither the intended recipient nor anyone else,
can thereafter open and view the Content URL on their device
browser. However, if Your Content Creator or Distributor views the
Protection-enabled Content URL on Their App instead of Their
device browser, Their intended recipient can still open and view
Their Protection-enabled Content URL on his/her device browser.
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2.13. (For commercial users only) The Content
URLs distributed by Your Content Distributors will be a short URL
with the rxp.at and/or rxpl.info domain. The Content URL with the
rxp.at and/or rxpl.info domain enables You to track the usage of
Your Content by Your Content Viewers. If someone else, including
Your Content Distributor himself/herself, opens and views this URL
before the intended recipient does so, the activity information of
the intended recipient on the specific Content will apparently be
false. Therefore, if Your Content Distributors want to ensure
Their Contents are tracked effectively, They must share Their
Contents to Their intended Content Viewers from within the App
only. If They share the URL from outside the App, from Their sent
items, to many Viewers simultaneously, the URL will reach only the
intended Content Viewer or the Content will stop playing for
everyone. Additionally, if anyone tries to tamper the characters
in the URL, the Content may not play.
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2.14. Based on Your subscription plan, Your Content Distributors
will have limitations of forwarding Their Contents to predefined
number of Content Viewers. For instance, if You have subscribed to
a basic plan, Your Content Distributors can share their Contents
only to 100 Content Viewers. If You want Your Content Distributors
to be allowed to share Their Contents to more than the predefined
number of Content Viewers, you must subscribe to bigger
subscription plans.
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2.15. Each Content Distributor will be able to view and distribute
only the Contents that have been assigned to him/her by those
Content Creators whom You have assigned to the specific Content
Distributor. A Content Distributor can receive Contents from 1 or
2 Content Creators.
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2.16. You must ensure that all Your Content Creators are mapped to
Their respective Content Distributors. Only then, Your Content
Creators can push Their Contents to the relevant Content
Distributors.
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2.17. We use Your organization-specific domain name in the email
IDs to recognize the email IDs of Your Content Creators and
Content Distributors. Therefore, You must ensure all Your Content
Creators and Content Distributors have Your organization-specific
domain name in Their email IDs.
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2.18. Your Content Distributors can generate only minimal activity
reports from within the App. Our backend team will provide You
with elaborate and structured reports on a regular basis as agreed
while signing the Statement of Work (SOW) and as explained in the
RxSling Privacy Policy.
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2.19. Currently, the App and all its algorithms support English
language. However, if Your Content Distributors' device allows
Them to type in any other languages, We will attempt to support
that using UTF-16.
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2.20. We have developed and tested the App on all common devices
and browsers and have ascertained it to work in all of those
scenarios without any glitch. However, if You, Your Content
Distributors, or Your Content Viewers observe if the App is not
working on any specific or peculiar scenario or cause any damage
to the software or the hardware of any specific device, We request
You or Them to bring it to Our notice at the earliest (on the
email ID provided below). Our backend team will evaluate the
problem and provide appropriate solution at the earliest.
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2.21. To know more about any latest addition (features) to the
App, You or Your Content Distributors may check the FAQ section on
the App menu.
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2.22. Based on the restrictions set by Your Content Creators, Your
Content Distributors can embed Call-to-Action buttons, such as
Learn More, Buy Now, View, Launch, WhatsApp Me, SMS Me, or Email
Me, on Their Contents, if required, to direct Their Content
Viewers to a third party site or perform the respective function.
Based on the restrictions set by Your Content Creators, Your
Content Distributors can also embed a Call-to-Action button called
Contact, which allows Them to configure any advanced communication
protocol along with a URL to execute the given protocol. Tapping
on a Call-to-Action button, Your Content Viewers may navigate to a
third party website for further communication (or) for simply
viewing some details (or) for viewing a product page on an
e-commerce website (or) for processing any payment and so on. It
is important to note that Your Content Viewers are performing this
action at Their own will. We as a facilitator for Your Content do
not endorse the quality or claims of Your product or messages
delivered or authorize any action that Your Viewer performs on the
App.
- Our Role
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3.1. Our role is limited to providing an App for Your Content
Distributors to:
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3.1.1. Receive Show & Tell Contents from Their designated
Content Creators.
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3.1.2. Customize the received Contents suitably for Their Content
Viewers based on the customization protocols configured for the
Contents by the corresponding Content Creators.
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3.1.3. Share the Contents with Their Content Viewers through
multiple channels.
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3.2. If We suspect any illegal, wrongful, or fraudulent activity
on the App or tampering, reengineering, hacking, or extracting the
codes in the App by any registered user or any other users,
notwithstanding any other rights We may have, We reserve the right
to inform the relevant government or law enforcement authorities.
We will cooperate in all investigative procedures or requests for
access/information initiated by any such government or law
enforcement authorities.
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3.3. We do not endorse or influence control over any particular
subject, theory, opinion, viewpoint, or position on any topic
published through our App.
- Links to Third Party Apps
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4.1. Your Content Distributors and Viewers may be provided with
links on the App that direct Them to third party
apps/applications/content or service providers, including
e-commerce apps (collectively "Third Party Apps").
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4.1.1. We do not endorse any Third Party Apps that Your Content
Distributors and Viewers may be directed to from the App and
outside the App, respectively.
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4.3. Links to such Third Party Apps are provided for the
convenience of Your Content Distributors and Viewers only. Your
Content Distributors and Viewers must exercise Their independent
judgment and prudence when visiting/using any Third Party Apps via
a link available on the App and outside the App, respectively.
Should They decide to click on the links to visit such Third Party
App, They do so of Their own volition. Their usage of such Third
Party Apps and all content available on such Third Party Apps is
subject to the Terms and Conditions of the respective Third Party
App and We are not responsible for Their use of any Third Party
Apps.
- Proprietary Rights
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5.1. We respect the intellectual property rights of others, and We
expect the same from Your Content Distributors. The App, user, and
the data are protected by applicable intellectual property laws.
- 5.2. Our Rights to the App and Our Content:
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5.2.1. All intellectual property in and to the App, any software,
techniques, and processes used in connection with the App, belongs
exclusively to Us or Our licensors. With the use of the App by
Your Content Distributors, by no means are any rights impliedly or
expressly granted by Us to You or your Content Distributors in
respect of such works.
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5.2.2. We and/or Our licensors assert all proprietary rights in
and to all names and trademarks contained on the App.
Notwithstanding the generality of the foregoing, the name,
"RxPrism", "My Show & Tell App", and 'RxSling App" are Our
trademarks and copyrights (or any other intellectual property
right) and/or that of Our licensors. Any use of Our trademarks or
copyrights, unless otherwise authorized in a written agreement,
will constitute an infringement upon Our trademark and copyright
(or any other such intellectual property right) and may be
actionable under applicable laws.
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5.2.3. Except as stated otherwise in this Agreement, the My Show
& Tell App and the RxSling App (including all their
intellectual property rights) are owned exclusively by Us and/or
Our licensors.
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5.2.4. Unless explicitly stated herein, nothing in this Agreement
shall be construed as conferring on You or Your Content
Distributors any license to intellectual property rights, whether
by estoppel, implication, or otherwise.
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5.2.5. All Your Show & Tell Contents are hosted on a public
URL in the showandtell.app domain. However, You and Your Users
have the option of protecting Your Contents by way of setting a
PIN and/or activating Content Protection as covered earlier in
this Terms and Conditions. It is also important to note that the
short URL of Your Content as distributed by Your Content
Distributors shows the rxp.at and/or rxpl.info domain.
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5.2.6. Unless We expressly authorize, You or Your Content
Distributors agree not to reproduce, modify, sell, distribute,
mirror, frame, republish, download, transmit, or create derivative
works of RxPrism, in whole or in part, by any means. You or Your
Content Distributors must not remove or modify any copyright or
trademark notice or other notices of ownership.
- Personal Information
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6.1. We may collect various personal information from Your Content
Distributors when they use the App and/or the features provided by
the App.
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6.2. Our Privacy Policy available at
www.myshowandtell.app/rxsling/privacy.html
sets out Our policy with respect to the collection, usage,
storage, processing, and destruction of any such personal
information.
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6.3. When Your Content Distributors tap the 'SIGN UP' button at
the time of registering or otherwise provide Their personal
information, They specifically consent to Our Privacy Policy.
- Disclaimers
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7.1. We provide warranty for the security, reliability, quality,
timeliness, and performance of (i) the App and its features (ii)
any information received through the App (iii) transmissions of
data, and (iv) any other matter relating to the App and/or
Services.
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7.2. We do provide guarantee but shall not be held liable or
responsible for the failure to send SMS or other notifications or
reminders to You or Your Content Distributors as a feature of the
App.
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7.3. While We will endeavor to take all reasonable and appropriate
steps to keep secure any Information which We hold about Your
Users and prevent its unauthorized access, You acknowledge that
the Internet is not 100% secure and that We cannot provide any
absolute assurance regarding the security of Your Users' Personal
Information. We shall not be responsible or liable in any way for
any breach or unintended loss or disclosure of Information,
including Personal Information, caused due to events beyond Our
control or due to technical reasons or third party actions.
- Limitation of Liability
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8.1. To the fullest extent permitted by law, in no event will We
or Our affiliates be liable for any direct, indirect, special,
incidental, punitive, exemplary, or consequential damages
(including, without limitation, loss of business, revenue,
profits, goodwill), whether or not We have been warned of the
possibility of such damages or could have reasonably foreseen such
damages.
- Representation and Warranties
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9.1. By Using This App Your Content Distributors Represent And
Warrant That:
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9.1.1. They are 18 years of age or older and that Their use of the
App shall not violate any applicable law or regulation;
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9.1.2. All registration information You and Your Content
Distributors submit is truthful and accurate and that You and They
agree to maintain the accuracy of such information;
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9.1.3. You as an organization and Your Content Distributors,
registered on the App, will use the App solely for your commercial
and noncommercial purposes.
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9.1.4. Your Content Distributors' use of this App shall be
subjected to the following restrictions:
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9.1.4.1. They will not delete or modify any content on the App
including but not limited to, legal notices, disclaimers, or
proprietary notices such as copyright or trademark symbols and
logos that They do not own or have express permission to modify;
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9.1.4.2. They will not decompile, reverse engineer, or disassemble
the App and its features;
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9.1.4.3. They will not remove any copyright, trademark
registration, or other proprietary notices from the App. They
further agree not to access or use this App in any manner that may
be harmful to the operation of this App or its features;
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9.1.5. Your Content Distributors will not use the App and/or its
services in any way that is unlawful or harms Us or any other
person or entity as determined in Our sole discretion.
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9.1.6. You or Your Content Distributors will not engage in any
form of antisocial, disrupting, or destructive acts, including
"flaming", "spamming", "flooding", "trolling", "phishing", and
"griefing" as those terms are commonly understood and used on the
Internet.
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9.1.7. You or Your Content Distributors will not host, display,
upload, modify, publish, transmit, update, or share any
information that:
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9.1.7.1. belongs to another person and to which You or Your
Content Distributors do not have any right to;
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9.1.7.2. is grossly harmful, harassing, blasphemous, defamatory,
obscene, pornographic, pedophilic, libelous, invasive of another's
privacy, hateful, or racially, ethnically objectionable,
disparaging, relating or encouraging money laundering or gambling,
or otherwise unlawful in any manner whatever;
- 9.1.7.3. harms minors in any way;
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9.1.7.4. infringes any patent, trademark, copyright, or other
proprietary rights(s), violates any law for the time being in
force;
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9.1.7.5. deceives or misleads the addressee about the origin of
such messages or communicates any information which is grossly
offensive or menacing in nature;
- 9.1.7.6. impersonates another person;
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9.1.7.7. contains software viruses or any other computer code,
files, or programs designed to interrupt, destroy, or limit the
functionality of any computer resource;
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9.1.7.8. threatens the unity, integrity, defense, security, or
sovereignty of any countries, friendly relations with their
foreign states or public order, or causes incitement to the
commission of any cognizable offence, or prevents investigation of
any offence, or is insulting any other nation.
- Additional Terms
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10.1. Additional terms and conditions may apply in order for You
or Your Content Distributors to avail specific Services and to
specific portions or features of the App, all of which terms are
made a part of these Terms and Conditions by this reference. You
and Your Content Distributors agree to abide by such other terms
and conditions, including where applicable representing that You
and Your Content Distributors are of sufficient legal age to use
or participate in such service or feature. If there is a conflict
between these Terms and Conditions and the terms posted for or
applicable to a specific portion of the App or for any Service
offered on or through the App, the latter terms shall control with
respect to Your and Your Content Distributors' use of that portion
of the App or the specific Service.
- Indemnification
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11.1. You and Your Content Distributors hereby indemnify, defend,
and hold Us, Our distributors, agents, representatives, and other
authorized users, and each of the foregoing entities' respective
resellers, distributors, service providers, and suppliers, and all
of the foregoing entities' respective officers, directors, owners,
employees, agents, and representatives harmless from and against
any and all losses, damages, liabilities, and costs arising from
(i)Your Content Distributors' use of the App (ii) Your breach of
provisions of this Agreement, and (iii) any negligent or
intentional wrongdoing on Your part.
- Termination
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12.1. We reserve the right, in the event We find out in Our sole
discretion that You or your Content Distributors breached the
Agreement, to suspend and/or terminate Your accounts or those of
Your Content Distributors' and/or access to the App by blocking
Your IP address or email ID or that of Your Content Distributors'
with adequate notice to You and Them. Any suspected illegal,
fraudulent, or abusive activity may be grounds for suspending
and/or terminating Your accounts or that of Your Content
Distributors and/or Your or Their access to the App. Upon
suspension or termination, Your and Your Content Distributors'
right to use the features on the App shall immediately cease and
We reserve the right to remove or delete Your and Your Content
Distributors' information and/or Content that is available with
Us, including but not limited to login and account information.
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12.2. Upon user account termination or suspension, regardless of
the reasons therefore, Your and Your Content Distributors' right
to use the App, User data, or Our information immediately ceases,
and You and Your Content Distributors acknowledge and agree that
We may immediately deactivate or delete Your and Your Content
Distributors' account and all related information and files in
Your and Their account and/or bar any further access to such files
or this App. We shall not be liable to You, Your Content
Distributors, or any third party for any claims or damages arising
out of any termination or suspension of Your and Your Content
Distributors' user account or any other actions taken by Us in
connection with such account termination or suspension.
- Governing Law and Jurisdiction
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13.1. The interpretation of this Agreement and the resolution of
any disputes arising under this Agreement shall be governed by the
laws of India, Bangalore Jurisdiction.
- Modifications
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14.1. We update Our Terms and Conditions incorporated into Our App
menu whenever We update and release a new version of Our App. When
Your Content Distributors use an older version of Our App, the App
will still be functioning but without the updated features and the
updated Terms and Conditions. In such cases, Your Content
Distributors should periodically review the most up-to-date
version of Our Terms and Conditions at
www.myshowandtell.app/rxsling/terms.html. In other words, to access Our latest Terms and Conditions, Your
Content Distributors must either ensure They are using the latest
version of Our App or refer to Our latest Terms and Conditions at
the link provided above in this paragraph. Besides, We may, in Our
sole discretion, modify or revise these Terms and Conditions,
Privacy Policies, and any other relevant policies at any time, and
You and Your Content Distributors agree to be bound by such
modifications or revisions. The last sentence in the Terms and
Conditions indicates when it was last updated.
- Arbitration
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15.1. Any dispute, claim, or controversy arising out of or
relating to this notice or the breach, termination, enforcement,
interpretation, or validity thereof, including the determination
of the scope or applicability of this Agreement to arbitrate, or
to Your Content Distributors' use of the App or its features or
the information to which it gives access, shall be determined by
arbitration in India. The venue of such arbitration shall be
Bangalore, India. The governing law of the Agreement shall be the
substantive law of India. All proceedings of such arbitration,
including, without limitation, any awards, shall be in the English
language. The award shall be final and binding on the Parties.
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15.2. The Parties shall have the right to apply to a court of
competent jurisdiction to obtain interim injunctive relief in
respect of any dispute, pending resolution of such dispute in
accordance with the Agreement.
- General Provisions
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16.1. Severability: If any provision of this Agreement is held by
a court of competent jurisdiction or arbitral tribunal to be
unenforceable under applicable law, then such provision shall be
excluded from the Agreement and the remainder of the Agreement
shall be interpreted as if such provisions were so excluded and
shall be enforceable in accordance with its terms; provided
however that, in such event the Agreement shall be interpreted so
as to give effect, to the greatest extent consistent with and
permitted by applicable law, to the meaning and intention of the
excluded provision as determined by such court of competent
jurisdiction or arbitral tribunal.
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16.2. Notices: All notices and other communications required or
permitted hereunder to be given to a Party shall be in writing, in
the English language, and shall be sent by facsimile, e-mail, or
mailed by prepaid internationally-recognized courier, or otherwise
delivered by hand or by messenger, addressed to such Party's
address as set forth below or at such other address as the Party
shall have furnished to the other Party in writing in accordance
with this provision:
- If to RxPrism:
- RxPrism Health Systems Private Limited
-
#9, 1st Cross, 17th Main, HAL 2nd 'A' Stage, Bangalore 560008,
Karnataka, INDIA
-
Email ID: snt@rxprism.com
- If to You:
-
At the email address provided by You to Us at the time of signing
the SOW.
-
16.3. Waiver: No term of the Agreement shall be deemed waived and
no breach excused, unless such waiver or consent shall be in
writing and signed by the Party claimed to have waived or
consented. Any consent by any Party to, or waiver of a breach by
the other, whether expressed or implied, shall not constitute
consent to, waiver of, or excuse for any other different or
subsequent breach.
-
16.4. Complete Understanding: The Agreement contain the entire
understanding of the Parties, and there are no other written or
oral understandings or promises between the Parties with respect
to the subject matter of the Agreement other than those contained
or referenced in the Agreement.
-
16.5. Force Majeure: We shall not be liable for any downtime or
delay or unavailability of the App caused by circumstances beyond
Our reasonable control, including without limitation, acts of God,
acts of government, floods, fires, earthquakes, civil unrest, acts
of terror, strikes or other labor problems, Internet service
provider failures or delays, or denial of service attacks.
-
16.6. Advice of Counsel: Each Party acknowledges: (a) having fully
read the Agreement in its entirety; (b) having had full
opportunity to study and review the Agreement.
-
16.7. Assignment: You may not assign or sub-license, without Our
prior written consent, the rights, duties, or obligations under
this Agreement, in whole or in part, to any person or entity.
-
16.8. Conflict: In the event there is any conflict between the
terms set out in these Terms and Conditions, the RxSling Privacy
Policy, the My Show & Tell Terms and Conditions, the My Show
& Tell Privacy Policy, and any other policies applicable to
specific pages of the App, the following order of prevalence shall
apply: (i) the Privacy Policy (ii) these Terms and Conditions,
(iii) the My Show & Tell Terms and Conditions, (iv) the My
Show & Tell Privacy Policy, and (v) any other policies
applicable to specific pages of the App.
- Version 1.0.1
- Last updated on: May 13, 2020