TERMS AND CONDITIONS
Please be informed that as a user you are using our services and hence, trust us.
Therefore, it becomes pertinent that we are able to provide you with the best quality services with minimal
effort. We endeavour to ensure that every user experience is smooth and hassle-free. These Terms and
Condition of Use, guide user behaviour and in the process lay down certain parameters and guidelines, which
would be beneficial to both, you and us, the Company.
Neuroglia Health Private Limited, conducting its business inter alia, under a brand name
‘MARROW’, a popular learning platform, is a company incorporated under the laws of India and is involved in
the business of providing technology, information and educational services in healthcare.
These Terms and Conditions of Use (hereinafter ‘Terms of
Use’) pertains to the services made available at https://www.marrow.com (hereinafter ‘Marrow
Website’) and its equivalent Marrow Mobile Application (hereinafter
‘Marrow App’) available on Google Play, and Apple
Store. The Marrow App and Marrow Website, on which the services are availed, will be hereinafter
collectively referred to as ‘Platform’. We request
you to read the Terms of Use thoroughly, before using the Platform as it governs your use of the Platform
and any other applications, products, websites and services owned and managed by the Company.
For the purpose of this Terms of Use, wherever the context so requires
‘Your’, ‘You’, ‘Yourself’ 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 website as a Subscribed User (defined in Clause 2.1) using the
computer systems.
The term ‘We’,
‘Us’, ‘Our’ shall mean Neuroglia Health Private Limited, the Company.
We reserve the right to amend the Terms of Use at any time, which shall be
updated on this link, hence we recommend that you regularly access these Terms of Use so that you are always
aware of the latest terms. In case of any changes or updates, we shall endeavour to notify You of such
changes at the earliest. Nevertheless, please ensure that You read our Terms of Use and any updated version
thereof before proceeding to use the Platform or the Services, as the case maybe. The Terms of Use is
subject to be amended without prior notice and it is your duty to be apprised of the same.
This Terms of Use applies solely to this Platform. We state that this Terms of
Use is not applicable to other such similar or related Platform provided by us or any other third party and
the Terms of Use of other Platforms and websites may vary, accordingly we are not responsible for the Terms
of Use of other such Platforms.
- Acceptance of Terms
- These Terms of Use set forth a legally binding
contract between Us, and You and by using the Platform, You agree to the Terms of Use stated herein.
The Terms of Use equally apply, even if You only visit the Website or review any of the service
offerings made available by Us and are bound by these Terms of Use. If you do not agree to this
Terms of Use, please do not continue to access and use our Platform, henceforth.
- In consideration of your use of the Marrow
Website and Marrow App, You agree:
- To provide true, accurate, current and
complete information about yourself complying with Clause 2 of this Terms of Use and as prompted
in order to generate the login credentials.
- To the responsibility of ensuring that You
meet the required qualification while opting for the ‘Pro Account’ (defined in Clause 3.2).
- To maintain and promptly update your login
credentials to keep it true, accurate, current and complete.
- And acknowledge that Marrow is not
responsible to ensure that You conform to the eligibility criteria.
- To seek the consent of Your parents/legal
guardians, in case if you are a minor, before providing any information about Yourself or Your
parents and other family members, on the Marrow App.
- That We are not responsible or liable for
any consequences, that arise as a result of misuse of any kind, by You, in the Marrow App,
Marrow Website or any of Our services, such that it causes any harm or injury to a
third-party.
- That We reserve the right to change and
update the content in the Platform to represent the latest evidence and practices, with the
changing times, needs and requirements. We reserve the right to constantly review, update and
replace the content and features of all the Study Materials, including but not limited to QBank,
Test Series, Videos and Notes, which could be carried out on an annual basis or such other
interval of time as may be decided by Us, in the form of ‘Editions’. We do not guarantee that
any content or features, of the previous Edition, would be made available on the Platform in the
new Edition.
- That We reserve all right to engage a
different faculty or change the current faculty at any given point of time without any prior
notification to the User.
- 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. Marrow reserves
the right to terminate Your subscription and / or refuse to provide You with access to the Services
if it is discovered that You are under the age of 18 (eighteen) years and the consent to use the
Services is not made by Your parent/legal guardian or any information provided by You is
inaccurate.
- This document is an electronic record in terms
of the Information Technology Act, 2000 (“IT Act”) and the Rules as applicable, thereunder, 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.
- You may access the Platform and subscribe to
the services only for Your personal use. The Platform as a whole, is owned exclusively by Neuroglia
Health Pvt. Ltd. You acknowledge that We are providing You with a revocable, limited,
non-commercial, non-exclusive, and non-transferable license to use the features of the Platform. You
will upon logging into the Marrow Website/mobile application as a regular user be entitled to view
Our limited free content as a demo of the offerings. You will get access to the paid content on the
Platform once You enroll as a Subscriber. You are advised to review the free content before taking
the decision to proceed to subscribe to the services as a ‘Subscribed User’ (as defined in Clause
2.2).
- By registering Your e-mail address and/or
phone number with Us, You consent to be contacted by Us via phone calls, SMS notifications, e-mails
and/or any other means that help us reach You, in case of any subscription or service updates and/or
promotional messages.
- 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’. If your account has been accessed and misused for any reasons
whatsoever, including any unlawful purposes, by a third party, whether with or without your
permission, Marrow reserves the right to take any action including legal remedies against You. It
being clarified that Your negligence in maintaining the security and confidentiality of Your account
credentials or Your deliberate and willful act of sharing the credentials with a third party may
result in penalties and/or legal action against You.
- We will not be liable for any loss that You
may incur as a result of a third party using Your account, either with or without Your knowledge.
You may be held liable for any losses incurred by Us as a consequence of third party usage of Your
account.
- 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 Platform. You also 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.
- By registering and agreeing to these terms,
You provide consent to receive transactional or promotional communication from Us, even if You are
registered on DND. You may opt out from receiving such communications and even if You opt out of
promotional communications, We may still send You transactional communications, such as service
announcements, administrative and legal notices, and information about Your account, without
offering You the opportunity to opt-out of these communications.
- Eligibility
- Persons who are "competent/capable" of
contracting within the meaning of the Indian Contract Act, 1872 shall be eligible to register for
Marrow App and be a Registered User (defined hereunder). Your age must be above 18 (eighteen) years
or as a minor if You wish to use the Marrow App or Our Services, such use shall be made available to
You by the consent of Your legal guardian or parents, who has agreed to these Terms. In the event a
minor utilizes the Marrow 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.
- Further, any person eligible under Clause 2.1
above, shall in addition be a citizen of India and either currently enrolled in a medical college
recognized in India or abroad or having completed a degree in modern medicine or a qualified medical
professional registered with the Medical Council of India. Alternatively, such a person who is
eligible under Clause 2.1 above and is a citizen of India, could be currently enrolled in a medical
college enrolled outside India or a qualified medical profession registered with the respective
Medical Council of that country.
- To register on the Platform for availing the
Services (as defined in Clause 3.5 below) a login account, which is based on a paid subscription, is
required. You become a ‘Subscriber’/’Subscribed User’ (hereinafter ‘Subscriber’) once the account is created and an appropriate plan is chosen with the
correct payment being done for the plan.
- To complete the user registration, you may be
required to provide a valid phone number and/or email id while creating an account or while
enrolling or purchasing any Subscription Services. We may communicate with you by e-mail, SMS, phone
call or by posting notices on the Platform or by any other mode of communication.
- To determine Your eligibility as a Subscriber,
You will be required to give details to validate Your eligibility by filling in all mandatory fields
in the sign up form. Upon completing all fields in the service subscription form, You will have
access to the ‘Free Content’ or the ‘Basic Plan’ in the capacity of a ‘Registered
User’ (hereinafter ‘Registered User’) and have the option
to purchase a Pro Services Account (hereinafter referred to as “Pro
Account”) and become a Subscribed User. You acknowledge
that it is not Our responsibility to ensure that You conform to the aforesaid eligibility criteria.
It shall be Your sole responsibility to ensure that You meet the required qualification. The
benefits and features available for Registered Users are very limited in terms of content and most
of our Services are accessible only for Subscribed Users.
- If You choose to purchase a paid subscription,
You will be directed to the Plans page at https://www.marrow.com/home/pro and have the option to
select the services and duration for which You wish to become a Subscribed User. Upon receipt of the
payment in full the user would become a “Pro User”. After the payment is complete, You will receive
a confirmation email to the registered email id confirming your plan details. If You have initially
enrolled in the Basic Plan, You will have the option of upgrading the same to a Pro Account at any
time by clicking on the “Subscribe” link or icon available as part of the Subscribed User account
dashboard once the You log into Your account.
- After successful completion of the payment
process, every user shall have to mandatorily submit one valid identity address proof issued by the
Govt of India i.e., Voter's ID, Passport, MCI card, Aadhar Card etc., as acceptable by Us. Upon
submission of the valid identity proof, we shall mandatorily conduct an identity verification
process of each Pro User. As part of the identity verification process, we shall –
- Collect, store, use and disclose the
identification information provided by the Pro User only for the identity verification process
as part of the pro subscription;
- Encrypt the identification information
provided by the Pro User on receipt and decrypt it at the time of verification. After the
completion of the verification process, the identification information will be encrypted again
and stored on our servers (on servers in India or other countries);
- Comply with all reasonable security
practices and procedures to ensure the security of the identification information
provided.
- Upon successful completion of the verification
process by Us, You will attain the status of a Subscribed User. After successful completion You are
responsible to keep the credentials to access Your account secure, and not to share Your account
details with anyone.
- The account details should belong to the same
person registering with Marrow. Once the account is created, only one person can use it and the
Registered User cannot share/transfer/resell the account. Any act of such sharing of account details
could potentially lead to blocking of account permanently and/or legal actions.
- Services
of Marrow
- Our services are available on android, iOS and
web, however, part of those services might not be available on some of the platforms (for eg., video
lectures of any course, entire FMGE course, are not available on the web Platform). Some devices
might not support our services and Marrow will not be responsible for such unavailability of
services.
- Our services include digital content such as
test preparation or certification courses (or) physical goods such as Marrow notes.
- 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 Clauses 2.2 and 2.3.
- The Services and amounts payable to access the
Services may differ for different Subscribers and can be based on the individual or combination of
plans/courses chosen by You and any promotional offers or coupons applied by You. Such promotional
offers might be known to You through the Marrow app/website or through sales representatives who
might reach out to select Users.
- In these Terms of Use, the term
“Services” (hereinafter referred to as
‘services’) shall mean and include without limitation, the online video lectures 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.
- You agree that any Services provided by Us may
be subject to change at Our discretion and We may add, remove or modify offerings to its existing
scope of Services at such fees as will be solely determined by Us.
- We may, at Our discretion, can start, stop or
modify Services and revise the course name, offerings, duration and the amount payable in respect of
existing offerings forming part of the Services that may be made available to You, at any time. We
may also make improvements or modifications to technical aspects of Services, that may alter the
usability of Services.
- You agree that We may at any time and for any
reason including but not limited to actual or suspected breach of these Terms by You or using Your
account credentials, 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.
- You agree to abide by the fair usage policy
(contained in Clause 16. Below) which permits maximum 1200 (One Thousand and Two Hundred) hours. You
also agree to receive, download and install updates from time to time, as released by us. Access to
and use of the beta version of the Services and/or Platform may be subject to additional agreements
or may not be available for all.
- Subscriber Account, Password and Security
- 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 or generate an OTP, 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. If there is a change in Your registered mobile number, the same should be intimated to Us
to get the details updated in Your User account.
- You are required to complete the mandatory KYC procedure for video usage. In the event a minor utilizes the
Marrow App/Website/Services, it is assumed that he/she has obtained the consent of the legal guardian or
parents, and such legal guardian or parents consents to completion of the mandatory KYC procedure of
such minor. In accordance with Our policies, Your data obtained through KYC will not be shared with
third parties apart from for the purposes of verification/validation. KYC will be reinitiated after
every purchase or renewal. Marrow can ask for a repeat KYC anytime, irrespective of whether the plan is
active or expired. We collect the KYC information and documents from You to complete Our verification
process for providing Our Services to You.
- All KYC documents are collected, stored, and
processed in accordance with the applicable laws in India.
- Third
Parties
- We may use/integrate another third party’s
platform on Our Website or the Marrow 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 Marrow to share Your
details and personal information with such third parties to the extent necessary for Marrow to
deliver the Services to You.
- Payment
Terms
- Any payments made to Marrow in respect of
Services are subject to the payment terms of Marrow as will be notified to You once You initiate the
process to become a Subscribed User. The current existing payment schedule is available on the
Platform.
- The Fee including GST and any delivery charges
payable in relation to delivery of hard copy of document based Study materials, if applicable, will
be shown prior to completion of the online payment transaction. As per the tax regulations, Marrow
will be liable to pay the GST on behalf of the customers. We are collecting the GST and making the
payment to the Government.
- Please note that Our notes are dependent on
the video lectures and there is no existence of Marrow notes without Marrow video lectures. Hence,
it is a composite supply and the applicable tax rate will be equal to service rate of 18% (eighteen
percent).
- In the unlikely event that, due to a technical
error, the amount of the Fee displayed on the Platform is incorrect, Marrow 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, Marrow 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.
- Marrow hereby notifies You that Marrow uses
third party payment gateway service providers to process payment made by You towards the Service
subscription. It is hereby clarified that Marrow 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.
- The provision of Our Services or activation of
the paid subscription are contingent upon Marrow having received cleared funds from You in respect
of the Fee for the relevant Service subscription. Without prejudice to Marrow’s rights and remedies
under these Terms of Use, if any sum payable is not paid on or before the due date, Marrow reserves
the right, forthwith and at Marrow’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.
- Please note that successful payment does not
entitle User to a subscription and additional details like shipping address/KYC may be required for
complete activation of certain subscription plans, post provision of which these plans will be
active for the Users.
- In case your bank account appears to be
debited, yet the subscription plan is not activated, kindly refer to the following web
page:
https://www.marrow.com/home/marrow-policy
- Please note that Services once subscribed
cannot be cancelled and no refund to that effect can be made. Notwithstanding the foregoing, Marrow
can terminate Your subscription anytime and the decision to provide a refund is at Marrow’s sole
discretion. Further, Marrow can change the pricing, duration, upgrade, or refund policy any time,
without any prior notification. You can renew/upgrade the Services as per the terms given at
https://www.marrow.com/home/marrow-policy
- Discounts or Offers
- Discounts can be availed through valid coupon
codes. Information about offers or coupon eligibility and other terms will be communicated through
website, email, etc. or through communication by the sales or customer support teams, so authorised
by Marrow.
- Marrow reserves the right to change any
coupons or offers at any time. Marrow reserves the right to provide any discounts or offer that are
not publicly communicated on its Platform. Marrow is not responsible for any discounts mentioned by
any third parties, including but not limited to influencers or third party ads.
- Please note that in the events of
gifting/lucky draw/ prizes/etc., Marrow reserves all the rights and any decision by Marrow will be
final.
- Disclaimer as regards Study materials
- The term ‘Study Materials’ (hereinafter
‘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 may be made available from
time to time. At times, soft copy document versions of the video lectures may be provided to a
Subscribed User and is based on Our 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 becoming a Subscribed
User.
- We do 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.
- The services and all accompanying Study
Materials are only offered purely on “AS IS” basis and We expressly state that the Study Material
and the services are not intended to act as a substitute for professional medical opinion on
ailments.
- The MCQs provided in the Study Materials is
inclusive of all kind of MCQs provided in the Study Material i.e., via Q-Bank, test series, videos,
notes etc. The content will be constantly updated (addition or removal) in terms of its numbers and
the material without any prior notice to You and at a sole discretion of Marrow.
- Mock tests are based on previous exam patterns
and do not predict or recommend the possibility of similar questions being asked in the actual exam.
Similarly, recall videos of tests are just representational MCQs or topics for learning purpose only
and not necessarily the exact questions asked in the exam.
- Notes are transcripts of videos and any
images, slides and other material used in the note and if not owned by Marrow, have been contributed
by the faculty, and We have merely reproduced them.
- Marrow can, at its sole discretion, publish
the same videos or MCQs which are published in one of the courses on the Platform to another course
in the Platform in the exact same manner or any modified manner as may be deemed fit by Marrow. For
example, Marrow can use similar or same videos in NEET PG course as well as NEET SS course.
- We do not claim any guaranteed rank, mark,
success/any kind of professional advantage with the use of the Platform.
- Please note that We constantly update the
content, but changes could be missed due to rapid advances in medical sciences.
- Online
Subscription and Access Terms
- Except as set out in the description of the
subscription model available on the Platform, no additional study materials and/or video lectures
will be provided by Us.
- Upon receipt of a confirmation e-mail from Us
you will be notified when You (only if you are 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 Our
absolute right to suspend or terminate access in accordance with these Terms of Use.
- 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.
Such acts will be construed as contrary to this Terms of Use and in such a situation we reserve the
right to suspend or terminate access to Your account, with or without prior notice. In the event
there is any unlawful activity performed by another person using Your account credentials, You shall
be entirely held responsible for such actions and We reserve the right to take appropriate legal
action against You.
- System
Requirements
- 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 We 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.
- Please find below the minimum system
requirements for using our Platform:
- Android 8.1 and above - Non-rooted - DRM
supported devices
- iOS 14 - Non-jailbroken
- While We endeavour to support all major
devices, it is possible that certain manufacturers or certain devices do not support our Services.
User should ensure that their devices conform with minimum system requirements and eligibility at
all times. System requirements are merely an indication, not an exhaustive list and Marrow is not
responsible for device related issues. Certain devices in particular do not support provisions of
our Services and an indicative (and not exhaustive) list of such devices is updated frequently at
Our blog (available at https://www.marrow.com/blog/known-device-specific-video-issues-in-marrow/). In case the User uses any of the listed devices, We are not responsible
for issues in Services.
- We are not responsible for technical
limitations or service disruptions caused by upgraded or modified technical standards or any other
reason. We shall have no responsibility for any loss or damage caused to mobile, tablet or any other
device, hardware and / or software and/or instrument, including loss of data or effect on the
processing speed, resulting from Your use of our products and Services.
- We recommend the Latest version of Chrome.
Other browsers may or may not be supported.
- Please find below the Minimum Internet Speed
requirement for using our Platform:
- For Videos = 0.8Mbps
- For other Services = 0.2Mbps
- Please find below the Recommended Internet
Speed for using our Platform:
- For Videos = 0.8Mbps
- For other Services = 2Mbps
- Please note that any amount of internet data
indicated (like during download) is under standard test condition and will vary based on network
speed, content format, video quality etc. Further, the cost of data consumed so will be borne by the
User and it is the responsibility of the User. Please note that the above mentioned minimum system
requirements have been derived based on User experience and is not conclusive or a guarantee that if
the above-mentioned criteria is fulfilled, the Platform would work in the like manner. Other
unforeseeable circumstances too must be considered while using the services on the Platform.
- Please note that downloaded videos would still
need an active internet connection to start playing.
- In addition to the disclaimers set forth
hereinbefore, Marrow shall not be liable to You for any damages arising from Your inability to log
into Your account and access the services of the Platform at any time.
- Modifications to Subscription
- We reserve the right to 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,
introduction and modification of Editions, pricing and validity of Subscription duration.
- When We make such changes, We may or may not
notify the User of the same and the User will be bound by such modifications, enhancement, changes
and amendments, as the case may be.
- Technical Support and Access
- We do not warrant uninterrupted or error-free
operation of the subscription.
- We are 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.
- You also accept and acknowledge that We 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:
- the operation of the internet and the
World Wide Web, including but not limited to viruses;
- any firewall restrictions that have been
placed on your network or the computer You are using to access the Services;
- failures of telecommunications links and
equipment; or
- updated browser issues
- DRM protocols preventing playback of
media
- Not meeting standards any of the minimum
system requirements as defined in clause 9.
- Disclaimer of Warranties and Liabilities
- 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.
- 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.
- SUBJECT TO APPLICABLE LAWS, IN NO EVENT WILL
MARROW OR ITS EMPLOYEES’, OR ITS AGENTS’, PARTNERS, AND CONTRACTORS’, AGGREGATE LIABILITY ARISING
FROM OR RELATED TO THE AFORESAID SERVICES TO YOU, EXCEED THE PAYMENTS ACTUALLY RECEIVED AND RETAINED
BY MARROW 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, MARROW WILL NOT BE LIABLE TO YOU UNDER ANY CIRCUMSTANCES.
- Disclaimer of Services
- Any information provided to You through the
Platform, shall not be treated as medical advice, opinion, diagnosis, prescription, or treatment and
may have errors in it.
- You acknowledge that We have not been
authorised or recognised/affiliated by any regulatory body, university or the National Medical
Commission, to give any sort of medical advice, opinion, diagnosis, prescription or
treatment.
- You acknowledge that the content/information
cannot replace textbook/coursework etc. as prescribed by universities, institutions or used as
reference to resolve disputes in results, treatments etc.
- This subscription Services shall be considered
as terminated in the event of occurrence of a Force Majeure event, such as Act of God, War,
etc.
- The views/opinions shared by the faculty
either through the videos or through their social media platforms are their personal views. Marrow
shall not be responsible for such opinions or any claims resulting from them. Similarly, Marrow is
not responsible for user generated content on social media.
- Marrow shall not be held liable for any
unauthorized use of any third party intellectual property or data, and the User that carries out
such unauthorized use or infringes any intellectual property or data available on the platform shall
fully indemnify and hold Marrow harmless against any and all claims that may arise as a result of
such use.
- Testimonials, reviews and success stories are
individual experiences, reflecting real life experiences of Users that have used Marrow in some way
or another. However, these are individual results and results may vary. We do not claim that they
are typical results that Users will generally achieve. The testimonials are not necessarily
representative of all of those who will use Our products and/or services.
- Any program affiliated with an educational
partner may be subject to the terms, policies and procedures of the applicable educational partner
in addition to these terms.
- You also understand that the Material
available on the Platform is not a guarantee of success or rank and it does not confer any degree or
recognition. The liability of Marrow is very limited and shall not be liable for any loss suffered
to User in pursuing this content/information.
- You also understand that the services provided
to You shall not be construed as medical classes and Our services do not come within the purview of
medical training as regulated and recognized by Medical Council of India or other regulatory
bodies.
- 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. We offer You various services via the Platform, to help You prepare for
medical entrance examinations with customised support and assistance.
- Data
protection
- User agrees that We will store, interpret and
analyse the collected data and the same can be used for research or study and the results can be
published on an anonymized basis. Personal data will be anonymized if being shared publicly or being
shared with a third party. The collected data will not be sold but can be used for communication,
promotional information or offers belonging to the same or a different course and can even be used
to send promotional messages of any of the products or services offered by Us beyond Marrow. We
ensure that the data is stored (on servers in India or other countries) and processed as per the
security standards and will process the information that We receive from You or otherwise hold about
You in accordance with these Terms of Use and the Privacy Policy. We ensure that User information
shall be stored as required by law, to communicate or send any legal notices, if the need arises.
Although it is Our endeavor that we are able to provide reasonable security for information We
process and maintain, no security system can prevent all potential security breaches. Further, We do
not guarantee security of data on third party platforms like payment gateways. You consent to the
use by Us of such information in accordance with these Terms of Use and Marrow’s Privacy Policy
which is available at https://www.marrow.com/home/privacy-policy.
- You can request for deletion of your personal
data or account deletion. Please note that once an account has been deleted, it cannot be restored.
You can, however, create a new account. Further, You shall, at any time while using the Platorm,
also have an option to withdraw Your consent given earlier to us to use Your personal data. Such
withdrawal of the consent is required to be sent in writing to Us at the contact details provided in
Marrow’s Privacy Policy. In such event, however, We fully reserve the right not to allow further
usage of the Platform or provide any Services thereunder to You. Further, please note that
withdrawal of consent will not be retrospective in nature and shall be applicable
prospectively.
- You acknowledge that we may share links in a
format that enables us to keep track of whether these links have been followed. We use this
information to improve Our customized content. Clicking on the links may take You to sites outside
Our domain or website. We are not responsible for the privacy practices of other websites. We also
collect cookies and may use this data to show You personalized ads. Most systems allow acceptance of
cookies, but You can reset Your system to refuse all cookies or to indicate when a cookie is being
sent. Some of Our Platform’s features and services may not function properly if Your cookies are
disabled.
- Please note that if You share Your personal
information such as comments, messages, files, photos, roll numbers etc. in Our Facebook group
(Marrowlings) or any other public forums, it will be available to all Users, and will be in the
public domain. Any such sharing of Your information is done at Your own risk.
- You acknowledge that We may conduct online
surveys from time to time. The data collected through these surveys are used to gauge Our services,
collect demographic information and other information that We may find useful.
- We may share non-personal, aggregated
information with third parties for provision or improvement of services. By agreeing to these Terms
of Use, You agree to Us using Your information in this manner and in the manner mentioned in our
Privacy Policy.
- We provide all customers with the opportunity
to opt-out of receiving non-essential (promotional, marketing-related) communications from Us on
behalf of our partners, and from Us in general, after providing Us with personal information. If You
want to remove your email id from all lists and newsletters, please use the unsubscribe option. If
you want to opt-out from receiving promotional SMS, please register your phone number with DND. For
further queries, please write to support@marrowmed.com.
- When You send an email or other communication
to Us, we may retain those communications in order to process Your inquiries, respond to Your
requests and improve Our Services.
- If you reside outside India your information
will be transferred, processed and stored in accordance with the applicable data protection laws of
India.
- Marrow
No Sharing Fair Usage Policy
- A Marrow Pro account is meant to be used by
only one User.
- Sharing the Marrow Pro account credentials for
both personal use or commercial purposes will result in account blockage without prior notice or
warning.
- As per this Fair Usage policy, each user will
have a fixed number of Fair Usage hours which is fixed at 1200 hours to watch the videos. Once the
1200 hours is exceeded, the account will fall under scrutiny and we will immediately investigate the
matter further, without Your consent.
- Apart from the Fair Usage Hours, we also track
a number of other parameters to identify any form of sharing.
- If a violation of this policy is identified the
same would amount to the substantial breach of the said terms of use and the Company would have all
the rights to take any legal action as provided under the law of the land, and also including but
not limited to termination/blocking your account permanently without any prior notice to you.
- Prohibited Conduct
- You agree that You shall not use the Services
or the Platform in order to host, display, upload, modify, publish, transmit, update, distribute,
share, store material. You are bound not to cut, copy, decompile, 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 and this is solely based on Our discretion. 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 Platform is not permitted and is considered:
- in violation of any applicable law or
regulation;
- 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;
- that belongs to another person and to
which the user does not have any right to;
- 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;
- that harms minors in any way;
- that impersonate another person or
entity;
- that contains software viruses or any
other computer code, files or programs designed to interrupt, destroy or limit the functionality
of Marrow’s computer systems or site or Marrow’s Users, customer’s computer systems or
site;
- 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.
- If You become aware of misuse of the Service
by any person, please contact support@marrowmed.com or call +917071274274.
- You shall not either as a regular browsing
user, Registered 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.
- 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 lectures on any other medium. Furthermore, You undertake not to use, display, mirror or frame
the Platform or any individual element within the Platform, unless this is expressly approved by Us
in writing.
- 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
in any mode so as to commercially benefit from the Study Material or engage in any form of
piracy.
- Any violation of the said clause would amount
to substantial breach of the said Terms of Use and the Company shall have all the rights to take any
legal action as provided under the law of the land.
- User
Behaviour
- User agrees to be respectful to other users on
the platform and forbids herself/himself from using any foul language, defamatory or derogatory
comments against Marrow in any public or private forum.
- User should respect a patient’s privacy and
shall not disclose any personally identifiable information of the patients.
- Marrow is only an intermediary and does not
monitor any of the interactions that take place between Users on its social media or any other
platform, but Marrow has clearly laid out the terms and guidelines a User must follow in their
conduct on the Platform as part of the Platform terms,
- Termination or Suspension of Account for Illegalities or suspected
Illegalities
- 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.
- We reserve the right to cancel any
subscription as We believe has been compromised, or is being used fraudulently, at its own
discretion without any financial liability to You.
- User’s account will be Blocked for the
following reasons (including but not limited to):
- If found suspicious (High/ Suspicious
Activity)
- Usage of Rooted/ Jailbroken Devices,
Emulators, ChromeCast, Android TV, Amazon Fire, Samsung Dex, Cloned APK's, Chrome books 3)TV/
Smart TV/ Apple TV or any other virtual machines.
- Screen Casting, Screen Recording, Screen
Mirroring, Downloading Videos out of Marrow Platform,
- Using a camera, phone or any other device
to record any Platform content
- Sharing Marrow Screen Shots or PDF's in
Social Media or any other Network.
- Sharing Marrow Accounts Credentials with
anyone.
- Usage of Multiple Devices (Other than upto
to Two Devices for Personal Use)
- Abusing Marrow and Marrow
Faculties.
- Try to sell Marrow Pro Accounts and
Contents on Marrow.
- Preservation/Disclosure
- You acknowledge, consent and agree that Marrow
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:
- comply with legal process nationally or
internationally;
- enforce this Agreement;
- respond to claims that any content
violates the rights of third parties;
- protect the rights, property or personal
safety of Marrow, its subscribers and the public;
Or
- pursuant to the terms of the Privacy
Policy, reach You for marketing or promotional purposes through any channel.
- Security
Components
- You understand that Marrow and software
embodied within Marrow 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 Marrow. 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.
- You will not introduce, any program, routine, subroutine,
known vulnerability, or data (including malicious software or “malware,” viruses, ransomware, worms
etc.) that are designed to disrupt the proper operation of the Platform or deliverables or any other
software or system used by Marrow, or which, upon the occurrence of a certain event, the passage of
time, or the taking of or failure to take any action, will cause the deliverables resulting from the
Services or Platform or any system, software or data used in connection therewith to be destroyed,
damaged or rendered inoperable or inaccessible.
- In case of any violation or suspected
violation of these security standards, We may suspend or terminate your account immediately, at Our
sole discretion and if required, debar all future access by You to the Platform.
- Proprietary Rights
- All materials on Website, including, without
limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs,
illustrations, artwork, software, notes (soft and hard copies) and any and all other elements
(collectively referred to as “Material”) are
protected by copyrights, trademarks and/or other intellectual property rights owned and controlled
by Us, unless specified otherwise. No Material may be copied, downloaded, reproduced, modified,
republished, uploaded, posted, transmitted or distributed in any way without obtaining Our prior
written permission and nothing on this Platform shall be or products deemed to confer a license of
or any other right, interest or title to or in any of Our intellectual property rights, to the You.
We shall at all times retain full and complete title to the information, content or materials and
all intellectual property rights on the Platform. Any such intellectual property rights that belong
to other owners, are being used by Marrow after obtaining due permission. Any use of trademarks and
logos belonging to Marrow/NHPL without prior permission and in absence of due authorisation is
strictly prohibited. Further, you recognize and acknowledge that the ownership of all trademarks,
copyright, logos, service marks and other intellectual property owned by any third party shall
continue to vest with such party and You are not permitted to use the same without the consent of
the respective third party.
- You acknowledge and agree that all Material on
the Platform is made available for limited, non-commercial use for learning/educational
purposes/preparing for exams, personal use only.
- 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 the Platform or any part of the Material for any purpose other than
its intended purposes is strictly prohibited and such actions will be considered as violation of the
Terms of Use and will result in immediate account blockage or any such action the We deem
fit.
- User agrees not to engage in any activities
which result in or may give rise to any piracy or conduct any unauthorized reproduction,
distribution, recreation, reverse engineering of Our content, or sharing any form of the content
available on the Platform/App. Any such action would require explicit written permission.
- Media/images used in the videos that are not
owned by Marrow are used with due permission or were contributed by Our faculty with proper
attribution to the owner wherever required.
- Any feedback given by You forms part of our
Intellectual Property Right and You agree to grant us a non-exclusive, royalty-free, perpetual and
irrevocable right to use to Us upon submission of any such feedback to Us.
- By submitting content on or through the
Platform, you grant us a worldwide, non-exclusive, royalty-free license (with the right to
sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and
distribute such content in any and all media or distribution methods (now known or later developed)
and to associate your content with you, except as described below. You agree that others may use
Your content in the same way as any other content available through the Platform. If you delete your
user account your Content and name may remain available through the Platform.
- Marrow
and Third Parties
- All the Faculty in the video lectures You
access as part of the Services You use or subscribe for are independent third parties and not
employees of the Company. The professional and technical information contained in the video
lecturesare the sole responsibility of the Faculty. Even though We review the content hosted as part
of the Services on a best effort basis, We disclaim all warranties as regards the authenticity or
correctness of information communicated to You by the Faculty and We do not guarantee that the video
lectures contain updated information on the subject matter.
- The Platform 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. We do 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 Our endorsement of such third parties and You shall
not implead Us in any suit or claim involving You and such third parties.
- While We have made efforts to train the
personnel engaged in the sales and services relating to Our Services to enable quality control, We
make no warranties or representations whatsoever regarding the quality and competence of such
personnel and would not be responsible for any deviant behaviour of any such personnel. We reserve
the right and discretion to take any action upon feedback from User in this regard.
- Intellectual Property Rights
- We provide You with a single limited license
to use and access the Platform and Materials hosted as part of the subscribed Services on devices
which We have permitted access at the time of Your subscription to the Services for the limited
purpose of accessing the video lectures or associated Study Materials online. The license is
specifically personal, non-transferable, non-commercial and non-exclusive. All content on the
Platform, 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 Us, the Company, unless otherwise specified.
- All icons and logos are trademarks of and
proprietary to Us. The unauthorized copying, modification, use or publication of these marks is
strictly prohibited.
- All material on the Platform, including
images, illustrations, audio clips, video clips and third-party licensed images are protected by
copyrights, trademarks and other intellectual property rights. Material on the Platform is 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 Us, which
is at Our sole discretion, 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.
- At all times, We and/or Our licensors, remain
the owner of the intellectual property in the video lectures, 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 Us.
- Terms
and Termination
- This Agreement shall remain in full force and
effect for so long as You use the Platform. You may terminate your subscription at any time, for any
reason, by contacting the Support channels. We, however, do 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 which is available at https://www.marrow.com/home/marrow-policy.
- We reserve the right to terminate Your
services without prior notice. Your account or Your access to the Platform maybe terminated
immediately, with or without notice to You, and without liability to You, if We believe that You
have breached any of the 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 the Platform
by others or caused a security issue or breach.
- 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, Marrow does not warrant that:
- Platform will be constantly available
or;
- The information made available through the
Services on the Platform is complete, true or accurate.
- We are not responsible to You for any data
that You lose either (a) as a result of accessing the video lectures, 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
mobile, computer or tablet or any other similar device, from which You are accessing the Services
and (ii) all data that You are inputting when completing a study module being offered.
- We 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 Our reasonable control.
- Each provision in these Terms of Use shall be
construed separately as between You and Us. If any part of these Terms of Use is 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.
- The video lectures are for personal training
and for knowledge enhancement purposes only. We do 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.
- We 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 video lectures or any other Services.
- Exclusions and Limitations
- The Platform and Services are intended to be
used within the jurisdiction of India only. Those who access or use the Platform from other
jurisdictions do so at their own volition and are responsible for compliance with the local law.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion
of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of
the above limitations of liability may not apply to You, nevertheless, all other provisions of these
Terms remain in full force and effect.
- Indemnity
- You agree to defend, indemnify and hold Us
harmless, Our 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 attorneys’ fees and costs) arising
from:
- Your use of and access to the
Platform;
- Third-party claims who rely on Your
representations to them based on the information made available through Our services;
- Your violation of any conditions in the
Terms of Use and the Privacy Policy; or
- Your violation of any third party right,
including without limitation any copyright, property, or privacy right.
- This defense and indemnification obligation
will survive these Terms.
- In no event shall Marrow, its officers,
directors, employees, partners or agents be liable to You or any third party for any special,
incidental, indirect, consequential or punitive damages whatsoever, including those resulting from
loss of use, data or profits or any other claim arising out, of or in connection with, Your use of,
or access to, the Platform.
- Additional Terms
- 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. All
prices are subject to change without notice.
- This Agreement and any rights and licenses
granted here under, may not be transferred or assigned by You, but may be assigned by Marrow without
restriction.
- 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 Marrow on the Platform, shall constitute the entire agreement between You and Marrow concerning
the Platform and governs your use of the Service and use of the Platform, superseding any prior
agreements between You and Marrow with respect to the subject matter covered in these Terms of
Use.
- Our failure 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.
- 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 Bangalore.
- Marrow Security Reward Programme: If you have
found security or a risk related bug in the Marrow product, please report to legal@marrowmed.com
- Grievances
- In case of misuse or suspicion, We will
temporarily or permanently restrict or block the access of the User, with or without prior
notice.
- We are entitled to take appropriate legal
action as we deem fit in case of breach/violation of terms and conditions set forth herein. The
courts in Bangalore shall have the jurisdiction to decide the dispute arising out of or in relation
to such dispute.
- In case of any grievance arising from the use
of Platform, please contact us at support@marrowmed.com or
call us on +917071274274. All notices related to grievances shall be sent in written to the
registered office.