Terms of Use and Privacy Policy

Effective Date: January 1st , 2025

Last Updated Date: January 1st, 2025

PLEASE READ THIS TERMS OF USE AGREEMENT (THE “AGREEMENT”) CAREFULLY. THIS IS A BINDING, CONTRACTUAL AGREEMENT BETWEEN YOU AND OPUS SPARK. AND ITS AFFILIATES (“OPUS SPARK”) AND APPLIES TO YOUR USE OF (I) ANY OF OPUS SPARK’S PROPRIETARY SOFTWARE APPLICATIONS FOR MOBILE DEVICES, INCLUDING ALL ENHANCEMENTS, VERSIONS, AND MODIFICATIONS TO THE FOREGOING (EACH, AN “APPLICATION”); AND (II) THE SERVICES PROVIDED BY THROUGH THE APPLICATION AND/OR ANY MYREPS.IN WEBSITE (SUCH WEBSITE, THE “WEBSITE” AND THE PROVISION OF THE APPLICATION AND RELATED SERVICES, THE “SERVICES”)

Application of the Agreement:

THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF INFORMATION TECHNOLOGY ACT, 2000 AND RULES THERE UNDER AS APPLICABLE AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the COMMUNITY GUIDELINES, PRIVACY POLICY, COPYRIGHT POLICY, DISCLAIMER AND END USER LICENSE AGREEMENT (THIS DOCUMENT) for access or usage of www.myreps.in and websites of apps thereto.

BY ACCESSING OR USING THIS WEBSITE, THE SERVICES OR APPLICATION, CLICKING ON THE “I ACCEPT” BUTTON, COMPLETING THE REGISTRATION PROCESS, AND/OR MERELY BROWSING THE WEBSITE, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH OPUS SPARK, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT PERSONALLY OR ON BEHALF OF THE COMPANY YOU HAVE NAMED AS THE CUSTOMER, AND TO BIND THAT COMPANY TO THESE TERMS. THE TERM “YOU” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, IDENTIFIED AS THE CUSTOMER WHEN YOU REGISTERED ON THE WEBSITE. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THIS WEBSITE OR THE SERVICES.

IF YOU PAY A FEE FOR ANY SUBSCRIPTION SERVICES, THEN THE TERMS WILL BE AUTOMATICALLY RENEWED FOR ADDITIONAL PERIODS OF THE SAME DURATION AS THE INITIAL TERM AT COMPANY’S THEN-CURRENT FEE FOR SUCH SERVICES UNLESS YOU DECLINE TO RENEW YOUR SUBSCRIPTION IN ACCORDANCE WITH SECTION 9.4 BELOW.

OPUS SPARK MAKES NO GUARANTEES OR REPRESENTATIONS REGARDING THE AVAILABILITY OF ANY PHYSICIANS OR HEALTHCARE PROVIDERS. YOU UNDERSTAND AND ACKNOWLEDGE THAT ALL COMMUNICATIONS MADE THROUGH THE SERVICES ARE AT YOUR SOLE RISK AND THAT OPUS SPARK DOES NOT MAKE ANY GUARNATEES REGARDING THE AVAILABILITY OF ANY HEALTHCARE PROVIDERS.

THE TERMS OF USE INCLUDE A CLASS ACTION WAIVER AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS.

Your use of, and participation in, certain Services may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will either be listed in these Terms of Use or will be presented to you for your acceptance when you sign up to use the supplemental Service. If these Terms of Use are inconsistent with such Supplemental Terms, the Supplemental Terms shall control with respect to such Service. These Terms of Use and any applicable Supplemental Terms are referred to herein as the “Terms.”

OPUS SPARK knows that your privacy is important. For this reason, we have created a privacy policy that describes our collection, use and disclosure practices regarding any personal information that you provide to us.

PLEASE NOTE THAT THE TERMS ARE SUBJECT TO CHANGE BY OPUS SPARK IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, OPUS SPARK will make a new copy of the Terms of Use available at the Website and any new Supplemental Terms will be made available from within, or through, the affected Service on the Website. We will also update the “Last Updated” date at the top of these Terms of Use. If we make any material changes, and you have registered to use the Services, we will also send an e-mail to you at the last e-mail address you provided to us pursuant to these Terms. Any changes to these Terms will be effective immediately for new Users of the Website or Services and will be effective thirty (30) days after posting of notice of such changes on the Website for existing Users, provided that any material changes shall be effective for Users who have a registered account on the Website (each, a “Registered User”) upon the earlier of thirty (30) days after posting of notice of such changes on the Website or thirty (30) days after dispatch of an e-mail notice of such changes to Registered Users. OPUS SPARK may require you to provide consent to the updated Terms in a specified manner before further use of the Website or the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Website and/or the Services. Otherwise, your continued use of the Website and/or Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS

ABOUT SERVICE

MYREPS.IN is a cloud based online connecting platform of healthcare professionals, medical sales representatives and medical sales companies, institutions and organisations worldwide.

Purpose, Scope and Intent

MYREPS.IN is an cloud based online connecting platform of healthcare professionals, medical sales representatives and medical sales companies.Myreps.in, provides a platform for Healthcare Professionals to connect and contact virtually with medical sales reps or companies for medical sales products or services related issues and delivery for better medical products or services knowledge which will improve treatment outcomes.

Registration

• Registering your Account. In order to access certain features of the Website, the Application, and the Services you may be required to become a Registered User. For purposes of these Terms, a “Registered User” is a User who has registered an account on the Website (“Account”) through which the User has connected to the Services.

• Corporate Subscribers. If you are or become associated with a corporate entity who has separately signed an agreement with OPUS SPARK (“Corporate Subscriber”): (i) the Corporate Subscriber will be the owner of Your Content and will control all rights and usage thereof (including any rights you have to access such of Your Content); and (ii) the Corporate Subscriber may select one or more administrators to control, manage and use the Services on its behalf, and the administrators may grant (or may grant to other users associated with Corporate Subscribers) certain privileges such as access to and control of Your Content for which you may bear responsibility. Some of the features and functions of the Services are limited to users of Corporate Subscribers. If you are affiliated with a Corporate Subscriber and that Corporate Subscriber signs such an agreement with OPUS SPARK after you have joined MYREPS.IN as an individual, we will notify you via email and/or via the internet or the App, and you may be required to consent in a specific manner as provided by OPUS SPARK to these terms again. If you are transitioning from a Corporate Subscriber account, your Personal Information will transition from your MYREPS.IN account but all corporate owned data, including but not limited to product information, territory information, appointments, messages and healthcare provider targeting will remain the property of the Corporate Subscriber.

• Registration Data. In registering for the Services, you agree to (1) provide true, accurate, current and complete information about yourself as prompted by the Services’ registration form (the “Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are (1) at least eighteen (18) years old; (2) of legal age to form a binding contract; and (3) not a person barred from using the Services under the laws of the GOVT OF INDIA AND ANY OTHER STATUTORY LAWS , your place of residence or any other applicable jurisdiction. You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of the MYREPS.IN the Materials or the Services by minors. If you provide any information that is untrue, inaccurate, not current or incomplete, or OPUS SPARK has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, OPUS SPARK has the right to suspend or terminate your Account and refuse any and all current or future use of the MYREPS.IN Materials and/or the Services (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. OPUS SPARK reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights. You agree not to create an Account or use the OPUS SPARK Materials and/or the Services if you have been previously removed by OPUS SPARK, or if you have been previously banned from the Services.

• Activities Under your Account. You are responsible for all activities that occur under your Account. You may not share your Account or password with anyone, and you agree to notify MYREPS.IN TEAM immediately of any unauthorized use of your password or any other breach of security.

• Necessary Equipment and Software. You must provide all equipment and software necessary to connect to the MYREPS.IN Materials and the Services, including but not limited to, a mobile device that is suitable to connect with and use the MYREPS.IN Materials and the Services, in cases where the Services offer a mobile component. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the MYREPS.IN Materials and the Services.

Use of the Services and MYREPS.IN Materials. The Application and the information and content available on the Website and in the Services (as these terms are defined below) (collectively, the “MYREPS.IN SOFTWARE”) are protected by copyright laws throughout the world. Subject to these Terms, OPUS SPARK grants you a limited license to reproduce portions of the MYREPS.IN SOFTWARE for the sole purpose of using the Services for your personal or approved business purposes. Unless otherwise specified by OPUS SPARK in a separate license, your right to use any MYREPS.IN SOFTWARE that you access or download through the Website, the Application, or the Services is subject to the Terms.

• Application License. Subject to your compliance with these Terms, OPUS SPARK grants you a limited non-exclusive, non-transferable, non-sub licensable, revocable license to download, install and use a copy of Application(s) on a mobile device and/or computer that you own or control and to run such copy of the Application solely for your own personal use or internal business purposes.
• Updates. You understand that the Application and the Services are evolving. As a result, OPUS SPARK requires you to accept updates to the Application, or the Services that you have installed on your computer or mobile device. You acknowledge and agree that OPUS SPARK may update the Website, the Application, and/or the Services with or without notifying you. You may need to update third party software from time to time in order to receive the Services or use the Website or the Application.
• Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Website or any portion of the Website, including any MYREPS.IN SOFTWARE, (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other MYREPS.IN SOFTWARE (including images, text, page layout or form) of MYREPS.IN; © you shall not use any meta tags or other “hidden text” using OPUS SPARK’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the MYREPS.IN Materials except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Website; (f) access the MYREPS.IN SOFTWARE in order to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of the MYREPS.IN Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the MYREPS.IN SOFTWARE. Any future release, update or other addition to the MYREPS.IN Materials shall be subject to these Terms. MYREPS.IN, its suppliers and service providers reserve all rights not granted in the Terms. Any unauthorized use of the Website, the Application, or the Services terminates the licenses granted by OPUS SPARK pursuant to the Terms.
• Third Party Materials. As a part of the MYREPS.IN SOFTWARE delivery, you may have access to materials that are hosted by another party. You agree that it is impossible for OPUS SPARK to monitor such materials and that you access these materials at your own risk.
• Mobile Devices and Services. By accessing and using the Application, you acknowledge and agree that you may receive certain communications from the Services (such as SMS, MMS, text messages, mobile emails, or other electronic communications means, collectively “Mobile Communications”). Please note that by accessing and using the Application, you may incur fees from the provider or carrier of the mobile services that you use (“Carrier”) and you are solely responsible for the payment of such fees, including for text messages and data. When you use the Application, our Application may pull information from your local calendar, contacts, reminders and other functions and information on your mobile device and may also push information you enter into the Application back to your calendar, as detailed in our privacy policy. You hereby authorize us and our Applications to take such actions and access your calendar, address book, tasks and related applications.
• App Platforms. You acknowledge and agree that the availability of the Application and the Services is dependent on the third party from which you received the Application license, e.g., the Apple iPhone or Android app stores or Windows apps (collectively “App Platforms”). You acknowledge that these Terms are between you and OPUS SPARK and not with the App Platforms e.g. OPUS SPARK, not the App Platforms, is solely responsible for the Website, Services, and Application, the content thereof, maintenance, support services, and warranty there for, and addressing any claims relating thereto (e.g. product liability, legal compliance, or intellectual property infringement). In order to use the Application, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Platforms in connection with the Application or Services. You agree to comply with, and your license to use the Application is conditioned upon your compliance with, all applicable third party terms of agreement (e.g., the App Platform’s terms and policies) when using the Application and the Services. You acknowledge that the App Platforms are third party beneficiaries of these Terms and will have the right to enforce them.

Responsibility for Content

• Types of Content. You acknowledge that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials accessible through the Website, the Application or the Services, whether publicly posted or privately transmitted, including the MYREPS.IN SOFTWARE (“Content”), are the sole responsibility of the party from whom such Content originated. This means that you, and not OPUS SPARK, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available (“Make Available”) through the Services, the Application, or the Website (“Your Content”), and other Users of the Services, and not OPUS SPARK, are similarly responsible for all Content they Make Available through the Services, the Application, or the Website (“User Content”). Basically, make sure you have the right to add Content before you put that Content on our Services.
• No Obligation to Pre-Screen Content. You acknowledge that OPUS SPARK has no obligation to pre-screen Content (including, but not limited to, Your Content and User Content), although OPUS SPARK reserves the right in its sole discretion to pre-screen, refuse or remove any Content. In the event that OPUS SPARK pre-screens, refuses or removes any Content, you acknowledge that OPUS SPARK will do so for MYREPS’s benefit, not yours. Without limiting the foregoing, OPUS SPARK shall have the right to remove any Content that violates the Terms or is otherwise objectionable.
• Storage. OPUS SPARK has no responsibility or liability for the deletion or accuracy of any Content, including Your Content; the failure to store, transmit or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of the Services. Certain Services may enable you to specify the level at which such Services restrict access to Your Content. You are solely responsible for applying the appropriate level of access to Your Content. If you do not choose, the system may default to its most permissive setting. You agree that OPUS SPARK retains the right to create reasonable limits on MYREPS.IN’s use and storage of the Content, including Your Content, such as limits on file size, storage space, processing capacity, and similar limits described in the web pages accompanying the Services and as otherwise determined by OPUS SPARK in its sole discretion.

Ownership

• MYREPS.IN SOFTWARE. Except with respect to Your Content and User Content, you agree that OPUS SPARK and its suppliers own all rights, title and interest in the Website, the Services, and the MYREPS.IN SOFTWARE You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website, the Services, or the MYREPS.IN SOFTWARE.
• Trademarks. MYREPS.IN and other related graphics, logos, service marks and trade names used on the Website, in the MYREPS.IN SOSTWARE or in connection with the Services are the trademarks of OPUS SPARK and may not be used without permission in connection with any third party products or services. Other trademarks, service marks and trade names that may appear on the Website, in the MYREPS.IN WWEBSITE or in connection with the Services are the property of their respective owners.
• Other Content. Except with respect to Your Content, you agree that you have no right or title in or to any Content that appears on or in the Website, the Application, or the Services.
• Your Content. OPUS SPARK does not claim ownership of Your Content. However, when you as a User Make Available Your Content on or in the Website or the Services, you represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display Your Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in Your Content.
• License to Your Content. By Making Available Your Content, to the Website or the Services, you grant OPUS SPARK a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sub licensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, publicly display Your Content (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right, including moral rights, that may exist in Your Content. Before that scares you off, keep reading. We know these rights seem broad, but we are trying to cover all of the use cases for Your Content in one sentence – otherwise, this Agreement would be even longer. Don’t worry – this does not mean that all Content you provide us will be made publicly available. To the extent that you use the Services to send email or email-like communications or messages, we will not share any of this information and you will retain all ownership rights and interest in such messages and OPUS SPARK is granted no rights or license to such messages or communications. We will use Your Content in accordance with the settings in which you submitted such Content, as detailed under our privacy policy. You also warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not the OPUS SPARK, are responsible for all of Your Content that you Make Available on or in the Website, or the Services, whether publicly posted or privately transmitted. IF YOU ARE ASSOCIATED WITH A CORPORATE SUBSCRIBER, THE CORPORATE SUBSCRIBER WITH WHICH YOU ARE AFFILIATED, AND NOT YOU, WILL BE THE OWNER OF ALL OF YOUR CONTENT THAT YOU MAKE AVAILABLE THROUGH THE SERVICES, AND WE MAY MAKE ALL OF YOUR CONTENT AVAILABLE TO YOUR COMPANY AND ITS USERS. YOU WILL NOT HAVE ACCESS TO SUCH CONTENT IN THE EVENT YOU ARE NO LONGER ASSOCIATED WITH THE CORPORATE SUBSCRIBER.
• Username. Notwithstanding anything contained herein to the contrary, by submitting Your Content to any forums, comments or any other area on the Website or the Services, you hereby expressly permit MYREPS.IN to identify you by your username (which may be a pseudonym) as the contributor of Your Content in any publication in any form, media or technology now known or later developed in connection with Your Content.
• Your Account. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of MYREPS.IN WEBSITE.
• Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to MYREPS.IN through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that OPUS SPARK has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to OPUS SPARK a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sub licensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Website, the Application, and the Services.

User Conduct

• Commercial Activities. You agree that you will not, under any circumstances (except to the extent expressly authorized by these Terms):
• Reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purpose any portion of the Website, Services (including your Account), MYREPS.IN WEBSITE, or access to or use of the Website, Services or MYREP.IN SOFTWARE;
• Upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
• Engage in any chain letters, contests, junk email, pyramid schemes, spamming, surveys or other duplicative or unsolicited messages (commercial or otherwise); or
• Unauthorized Use or Access. You agree that you will not, under any circumstances:
• Interfere or attempt to interfere with the proper functioning of the Website, Services or MYREPS.IN WEBSITE or connect to or use the Website, Services or MYREPS.IN SOFTWARE in any way not expressly permitted by the Terms, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information, or similar methods or technology;
• Provide inaccurate, misleading or false information to MYREPS.IN WEBSITE or any other User through your use of the Services, and if any such information that you provide becomes inaccurate, misleading or false, you will promptly notify OPUS SPARK of such change;
• Systematically retrieve data or other content from our Website, Services or MYREPS.IN WEBSITE to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
• Use, display, mirror or frame the Website, Services or MYREPS.IN WEBSITE, or any individual element within the Website, Services, or MYREPS.IN SOFTWARE, MYREPS.IN’S name, any OPUS SPARK trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without OPUS SPARK’s express written consent;
• Intercept, examine or otherwise observe any proprietary communications protocol used by a client, a server or the Services, whether through the use of a network analyzer, packet sniffer or other device;
• Make any automated use of the Website, Services, or MYREPS.IN WEBSITE, or take any action that imposes or may impose (in OPUS SPARK’s sole discretion) an unreasonable or disproportionately large load on the infrastructure for the Website, Services or MYREPS.IN WEBSITE;
• Bypass any robot exclusion headers or other measures MYREPS.IN takes to restrict access to the Website, Services or MYREPS.IN WEBSITE or use any software, technology or device to send content or messages, scrape, spider or crawl the Website, Services or MYREPS.IN WEBSITE or harvest or manipulate data;
• Use, facilitate, create, or maintain any unauthorized connection to the Website, Services or MYREPS.IN SOFTWARE, including, but not limited to: (a) any connection to any unauthorized server that emulates, or attempts to emulate, any part of the Website, Services or MYREPS.IN WEBSITE; or (b) any connection using programs, tools or software not expressly approved by OPUS SPARK;
• Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Website, Services or MYREP.IN WEBSITE, or to obtain any information from the Website, Services or MYREPS.IN SOFTWARE;
• Upload, post, e-mail, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• Use our Website, Services or MYREPS.IN SOFTWARE to collect, harvest, transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
• Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, but not limited to, clear GIFs, 1×1 pixels, web bugs, cookies or other similar devices (sometimes referred to as “spyware,” “passive collection mechanisms” or “pcms”).

General

• In connection with your use of the Website, Services, and MYREPS.IN SOFTWARE, you shall not:
• Make Available any Content that (i) is unlawful, tortuous, defamatory, vulgar, obscene, libelous, or racially, ethnically or otherwise objectionable; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person; or (v) promotes illegal or harmful activities;
• Harm minors in any way;
• Impersonate any person or entity, including, but not limited to, OPUS SPARK personnel, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• Make available any Content that you do not have a right to Make Available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
• Make Available any Content that infringes the rights of any person or entity, including without limitation, any patent, trademark, trade secret, copyright, privacy, publicity or other proprietary or contractual rights;
• Intentionally or unintentionally violate any applicable local, state, national or international law or regulation, or any order of a court;
• Register for more than one Account or register for an Account on behalf of an individual other than yourself;
• Stalk or otherwise harass any other user of our Website, Services or MYREPS.IN SOFTWARE; or
• Advocate, encourage or assist any third party in doing any of the foregoing activities in this section.

Investigations

OPUS SPARK may, but is not obligated to, monitor or review the Services and Content at any time. Without limiting the foregoing, OPUS SPARK shall have the right, in its sole discretion, to remove any of Your Content for any reason (or no reason), including if such Content violates the Terms or any applicable law. Although OPUS SPARK does not generally monitor user activity occurring in connection with the Website, Services, MYREPS.IN SOFTWARE, or Content, if OPUS SPARK becomes aware of any possible violations by you of any provision of the Terms, OPUS SPARK reserves the right to investigate such violations, and OPUS SPARK may, at its sole discretion, immediately terminate your license to use the Website, Services, or MYREPS.IN SOFTWARE, or change, alter or remove Your Content, in whole or in part, without prior notice to you.

Corporate Accounts

During any period of time in which your Account is associated with a Corporate Subscriber, such Corporate Subscriber will be responsible for paying all fees or charges to your Account.

Billing Responsibility

In addition, a corporate entity with which you are associated may have primary billing responsibility for your Account, even such company is not a Corporate Subscriber. You will notify us at support@myreps.in to discuss such shift in billing responsibility, but you acknowledge and agree that you have ultimate responsibility for all fees associated with your Account if not paid by the applicable company.

Refunds

Users who subscribe to MYREP.IN subscription service are entitled to a refund within three (3) days of the initial purchase. No refunds shall be issued after three (3) days have elapsed. Users whose memberships are terminated or revoked by OPUS SPARK for violations of these Terms forfeit any right to a refund for subscriptions paid to OPUS SPARK for membership and/or the use of services.

Taxes

OPUS SPARK’s fees are net of any applicable Service Tax. If any Services, or payments for any Services, under the Terms are subject to Sales Tax in any jurisdiction and you have not remitted the applicable Service Tax to OPUS SPARK, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you will indemnify OPUS SPARK for any liability or expense we may incur in connection with such Sales Taxes. Upon our request, you will provide us with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this section, “Sales Tax” shall mean any sales or use tax, and any other tax measured by sales proceeds, that OPUS SPARK is permitted to pass to its customers, that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.

Free Trials and Other Promotions

We may run promotional offers from time to time on the Website. The terms of any such promotion will be posted on the Website. Unless otherwise indicated, we may establish and modify, in our sole discretion, the terms of such offer and end such offer at any point. Any free trial or other promotion that provides access to certain Services must be used within the specified time of the trial. At the end of the trial period, your use of that Service will expire and any further use of the Service is prohibited unless you pay the applicable subscription fee. If you are inadvertently charged for a subscription, please contact OPUS SPARK to have the charges reversed.

Disputes

You must notify us in writing within seven (7) days after receiving your billed statement, if you dispute any of our charges on that statement or such dispute will be deemed waived. Billing disputes should be notified to support@myreps.in

Indemnification

You agree to indemnify and hold OPUS SPARK and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively, the “OPUS SPARK PATNERS” harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) Your Content; (b) your use of, or inability to use, the Website, the Application, or the Services; © your violation of the Terms; (d) your violation of any rights of another party, (e) your violation of any applicable laws, rules or regulations, of (f) any claim that an OPUS SPARK Party was or should have been your business associate as defined under HIPAA. OPUS SPARK reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with OPUS SPARK in asserting any available defenses. You agree that the provisions in this section will survive any termination of your Account or the Services.

Disclaimer of Warranties

• AS IS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE WEBSITE, THE APPLICATION, AND THE SERVICES IS AT YOUR SOLE RISK, AND THE WEBSITE, THE APPLICATION, AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. OPUS SPARK PATNERS EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

• THE OPUS SPARK PATNERS MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE WEBSITE, THE APPLICATION, OR THE SERVICES WILL MEET YOUR REQUIREMENTS; (2) THE WEBSITE, THE APPLICATION, OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE, THE APPLICATION, OR SERVICES WILL BE ACCURATE OR RELIABLE; OR (4) ANY ERRORS IN THE WEBSITE, THE APPLICATION OR THE SERVICES WILL BE CORRECTED.

• ANY CONTENT OR OPUS SPARK SOFTWARE DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE WEBSITE, THE APPLICATION, OR THE SERVICES IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR PERSON, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE WEBSITE, THE APPLICATION, OR THE SERVICES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.

• THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. OPUS SPARK MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES.

• NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM OPUS SPARK OR THROUGH THE WEBSITE OR THE MYREPS.IN SOFTWARE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

• PROVIDES A TOOL RELATED TO COMPLIANCE WITH THE DRUGS AND COSMETICS ACT (DCA) 1940, DRUGS AND COSMETICS RULES (DCR) 1960 AND UNIFORM CODE FOR PHAMACEUTICAL MARKETING ON THE SERVICES. HOWEVER, OPUS SPARK MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT ITS COMPLIANCE WITH THE THESE LAWS, AND ANY INFORMATION PROVIDED ABOUT THE THESE LAWS IS FOR PURELY INFORMATIONAL PURPOSES ONLY.

• FROM TIME TO TIME, OPUS SPARK through MYREPS.IN MAY OFFER NEW “BETA” FEATURES OR TOOLS WITH WHICH ITS USERS MAY EXPERIMENT. SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT OPUS SPARK’S SOLE DISCRETION. THE PROVISIONS OF THIS SECTION APPLY WITH FULL FORCE TO SUCH FEATURES OR TOOLS.

• NO LIABILITY FOR CONDUCT OF THIRD PARTIES. YOU ACKNOWLEDGE AND AGREE THAT THE OPUS SPARK PARTNERS ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE OPUS SPARK PARTNERS LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.

Limitation of Liability

• DISCLAIMER OF CERTAIN DAMAGES. YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL OPUS SPARK BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, THE APPLICATION, THE SERVICES OR THE SITE CONTENT, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT OPUS SPARK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE THE WEBSITE, THE APPLICATION, OR THE SERVICES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE, THE APPLICATION, OR THE SERVICES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE OR THE SERVICES; OR (5) ANY OTHER MATTER RELATED TO THE WEBSITE, THE APPLICATION, OR THE SERVICES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.
• CAP ON LIABILITY. UNDER NO CIRCUMSTANCES WILL OPUS SPARK PARTNERS BE LIABLE TO YOU FOR MORE THAN THE AMOUNT RECEIVED BY OPUS SPARK AS A RESULT OF YOUR USE OF THE SERVICES IN THE SUBSCRIPTION PERIOD DURING WHICH YOU FIRST ASSERT A CLAIM. IF YOU HAVE NOT PAID OPUS SPARK ANY AMOUNTS IN THE SUBSCRIPTION PERIOD DURING WHICH YOU FIRST ASSERT ANY SUCH CLAIM, OPUS SPARK’S SOLE AND EXCLUSIVE LIABILITY SHALL BE LIMITED TO ONE THOUSAND INDIAN RUPEES (INR 1000/-)only.
• USER CONTENT. THE OPUS SPARK PATNERS’S ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR CONTENT AND USER CONTENT), USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.
• Information Verification. OPUS SPARK may use various ways of verifying information that Users have provided. However, none of those ways are perfect, and you agree that OPUS SPARK will have no liability to you arising from any incorrectly verified information.
• BASIS OF THE BARGAIN. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN OPUS SPARK AND YOU.

Term and Termination

• Term. These Terms commence on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use the Website, the Application, or any Services, unless terminated earlier in accordance with these Terms.

• Prior Use. Notwithstanding the foregoing, if you used the Website, the Application, or any Services prior to the date you accepted these Terms, you hereby acknowledge and agree that these Terms commenced on the date you first used the Website, the Application, or the Services (whichever is earlier) and will remain in full force and effect while you use the Website, the Application, or any other Services, unless earlier terminated in accordance with these terms.

• Effect of Termination of Services. If either party wants to terminate any Services provided by OPUS SPARK, such party may do so by notifying the other party at any time, at which point you will close your Account for all of the Services that you use. Any notice by you should be sent, in writing, to OPUS SPARK’s registered office address .

• Termination. Termination of any Services includes removal of access to such Services and barring of further use of the Services but any termination of the Services does not result in the deletion of any data associate with your Account. OPUS SPARK has no obligation to either store or delete any of Your Content after termination of any Services. Upon termination of any Services, your right to use such Service will automatically terminate immediately. You understand that any termination of Services may involve deletion of Your Content associated therewith from our live databases. OPUS SPARK will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of these Terms which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.

Remedies

• Violations. If OPUS SPARK becomes aware of any possible violations by you of the Terms, OPUS SPARK reserves the right to investigate such violations. If, as a result of the investigation, OPUS SPARK believes that criminal activity has occurred, OPUS SPARK reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. OPUS SPARK is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on the Website, the Application, or in the Services, including Your Content, in OPUS SPARK’s possession in connection with your use of the Website, the Application, or the Services, to (1) comply with applicable laws, legal process or governmental request; (2) enforce the Terms; (3) respond to any claims that Your Content violates the rights of third parties; (4) respond to your requests for customer service; or (5) protect the rights, property or personal safety of OPUS SPARK, its Users or the public, and all enforcement or other government officials, as OPUS SPARK in its sole discretion believes to be necessary or appropriate.
• Breach. In the event that OPUS SPARK determines, in its sole discretion, that you have breached any portion of these Terms, or have otherwise demonstrated conduct inappropriate for the Website, the Application, or the Services,OPUS SPARK reserves the right to:
• Warn you via e-mail (to any e-mail address you have provided to Myreps.in) that you have violated these Terms;
• Delete any of Your Content provided by you or your agent(s) to the Website, the Application, or the Services;
• Discontinue your registration(s) with the Website and/or any Services;
• Discontinue your subscription to any Services;
• Notify and/or send Content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or
• Pursue any other action which OPUS SPARK deems to be appropriate.

No Subsequent Registration. If your registration(s) with or ability to access the Website, the Application, or the Services is discontinued by OPUS SPARK due to your violation of any portion of these Terms or for otherwise inappropriate conduct, then you agree that you shall not attempt to re-register with or access the Website, the Application, or the Services through use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those materials or Services to which your access has been terminated. In the event that you violate the immediately preceding sentence, OPUS SPARK reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.

General Provisions

• Electronic Communications. The communications between you and OPUS SPARK use electronic means, whether you visit the Website or send OPUS SPARK e-mails, or whether OPUS SPARK posts notices on the Website or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from OPUS SPARK in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that OPUS SPARK provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
• Assignment. These Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by you without OPUS SPARK’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
• Force Majeure. OPUS SPARK shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
• Dispute Resolution. If you believe that OPUS SPARK has not adhered to these Terms, please contact OPUS SPARK by emailing us at support@myreps.in. We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation.

Dispute Redressal and Arbitration

In the event of any dispute, difference or question arising out of or in respect of this agreement or the commission of any breach of any terms thereof or of compensation payable thereof or in any manner whatsoever in connection with it, the same shall be referred to sole arbitrator appointed or such other person mutually acceptable to both the parties, for arbitration and the decision or award so given shall be binding on the parties hereto. Arbitration would be governed by the laws of India.

The laws of TAMIL NADU and India will govern the dispute, as well as any claim that might arise between user and OPUS SPARK, without regard to conflict of law provisions.

If anyone brings a claim against us related to your actions, content or information on MYREPS.IN, you must indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users’ actions on MYREPS.IN PLATFORM and are not responsible for the content or information users transmit or share on MYREPS.IN. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on MYREPS.IN. We are not responsible for the conduct, whether online or offline, or any user of MYREPS.IN.

End of Terms