1.1 Confidential Information means any information that is proprietary or confidential which is expressly identified as such by the Party making the disclosure.
1.2 Parties means Momentum Nurses and the Registered User.
1.3 Password means the password in respect of a unique Username created by (as the case may be) you which would allow you to gain access to the Registered User Services.
1.4 Registered User means you who have duly completed the free Registered User registration process and who have successfully created a Username and Password.
1.5 Registered User Services means the User’s services defined in Clause 2.1 which are accessible by a Registered User from the Website.
1.6 Username means a unique username created by (as the case may be) you, which, when the relevant Password is entered will grant such you access to the relevant Registered User Services.
1.7 Website means www.momentumnurses.com or such variations to the name of the aforesaid domain name.
1.8 You warrant that you are at least 18 years of age and that you are the person whose details have been incorporated into the relevant registration form as part of the process of registering (as the case may be) to be a Registered User.
1.9 The authority to access the User’s Services commences upon the relevant Username and Password being successfully created by the User and ends if these terms and conditions are terminated under Clause 7.
2.1 In order to make any purchases from the Website and/or access certain sections on the Website (‘Registered User Services’), you will need to register as a Registered User of Momentum Nurses on the Website.
2.2 Upon duly completing the relevant registration process and creating a Username and Password, you will be registered as a Registered User of Momentum Nurses (which is free of charge).
2.3 Details of such Username and Password will be emailed to you.
2.4 The authority to access the Registered User’s Services commences upon the relevant Username and Password being successfully created by you and ends if terminated pursuant to Clause 7.
2.5 You are solely responsible for the security of your Username and Password and must not disclose your Username and/or Password to anyone. You must inform Momentum Nurses immediately if your Username and/or Password have been compromised. In such a case, Momentum Nurses will reset your Username and/or Password for you. In this regard, please contact info@momentumnurses.com or +919811002028.
3.1 Subject to Clause, you shall not:
3.1.1 make available your Username and Password and/or any part of the Registered User Services available to anyone. Where such disclosure of Username and/or Password occurs, you shall inform Momentum Nurses immediately so that Momentum Nurses can take appropriate security measures. In addition, if you wish to unregister yourself as a Registered User, you agree to inform Momentum Nurses of the same so that Momentum Nurses can update the system;
3.1.2 create more than 1 Username and/or Password at any one time; and/or
3.1.3 use the relevant Registered User Services and/or information extracted or downloaded for any illegal, fraudulent or immoral purposes.
3.2 You agree to notify Momentum Nurses immediately of any errors or inaccuracies in respect of any information and/or data extracted from any section of the Website which forms part of the Registered User Services. In this regard, you shall contact Momentum Nurses by emailing at info@momentumnurses.com +91-9811002028.
3.3 You acknowledge that Momentum Nurses and Momentum Nurses licensors own all intellectual property rights on the Website.
4.1 Momentum Nurses warrants that, to the best of its knowledge, the Registered User Services will not infringe any patents, designs or copyright of any third party. In the event you are aware and/or have reasonable suspicion that the Registered User Services may infringe the intellectual property of any third parties, you agree:
4.1.1 to notify Momentum Nurses as soon as it is practicable of any such claim being made;
4.1.2 that Momentum Nurses shall be entitled at its expense to conduct any litigation that may ensue and negotiations for settlement of such claim; and
4.1.3 that you shall give Momentum Nurses all information and assistance reasonably necessary to defend or settle such claim and you shall not compromise or settle such claim.
4.2 Momentum Nurses reserves the right to update and/or make changes to the Registered User Services from time to time at its sole discretion.
5.1 Each Party may be given access to Confidential Information from the other Party in order to perform its obligations under these terms and conditions. A Party's Confidential Information shall not be deemed to include information that:
5.1.1 is or becomes publicly known other than through any act or omission of the receiving Party;
5.1.2 was in the other Party's lawful possession before the disclosure;
5.1.3 is lawfully disclosed to the receiving Party by a third party without restriction on disclosure;
5.1.4 is independently developed by the receiving Party, which independent development can be shown by written evidence;
or5.1.5 is required to be disclosed by law, by any court of competent jurisdiction or by any regulatory or administrative body.
5.2 Each Party shall hold the other's Confidential Information in confidence and, unless required by law, not make the other's Confidential Information available to any third party, or use the other's Confidential Information for any purpose other than those contemplated under this Agreement.
5.3 Each Party shall use reasonable endeavours to ensure that the other's Confidential Information to which it has access is not disclosed or distributed in violation of the terms of this Agreement.
6.1 Momentum Nurses gives you no warranty or assurance, except as set out in Clause 4 above. You acknowledge that all implied warranties and conditions are excluded to the maximum extent permitted by law.
6.2 This Clause 6 sets out Momentum Nurses entire financial liability (including any liability for the acts or omissions of Momentum Nurses employees, agents and sub-contractors) to you in respect of any breach of these terms and conditions, any use made by you of the Registered User Services; and any representation, statement or tortious act or omission (whether negligent or otherwise) arising under or in connection with these terms and conditions.
6.3 Subject to Clause 6.4, except as expressly and specifically provided in these terms and conditions, the BSAVA excludes all liability for any loss or damage including consequential loss, loss of business, loss of good will, loss of data, waste of management time, loss of opportunity arising from the Registered User Services.
6.4 Notwithstanding any provisions in this Agreement, Momentum Nurses does not exclude liability for death or personal injury which is due to the Momentum Nurses negligence, fraud and/or fraudulent misrepresentation.
6.5 Subject to Clauses 6.3 and 6.4 and any other applicable, trading terms of Momentum Nurses, the maximum liability for any loss arising from Momentum Nurses breach of these terms and conditions and/or the Registered User or negligence shall be limited to Rs. 1000/-.
7.1 These terms and conditions may be terminated by Momentum Nurses if you are in material breach of any of these terms and conditions and if the breach is not remedied within the period of 14 working days after written notice of it has been given.
7.2 You may terminate these terms and conditions at any time by giving Momentum Nurses 7 days prior written notice by contacting info@momentumnurses.com +91-9811002028.
7.3 On termination of this these terms and conditions for any reason, you will no longer be able to use any of the Registered User Services.
7.4 The termination of these terms and conditions shall not affect or prejudice the accrued rights of the Parties as at termination, or the continuation after termination of any provision expressly stated to survive or implicitly surviving termination.
8.1 Momentum Nurses is committed to ensuring that your privacy is protected and that Momentum Nurses is compliant with the Data Protection Act 1998.
8.2 You agree to the use of your data by Momentum Nurses which is in accordance with the Privacy Policy.
9.1 These terms and conditions are not intended to benefit anyone other than the Parties to it and, in particular, no provisions of this Agreement shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by a third party.
9.2 If any provision (or part of a provision) of these terms and conditions is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.
9.3 If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it provisions are deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the Parties.
9.4 These terms and conditions shall be governed under Indian law and the Parties submit to the exclusive jurisdiction of the Delhi courts.