• Purpose & Legal Authority
    • These Terms and Conditions (“Terms”) govern the access to and use of the MTaI UCMPMD Marketing Expenditure Disclosure Portal (“Portal”) provided by the Medical Technology Association of India, with its registered address at Unit No. 22, Ground Floor, Rectangle -1, District Centre, Saket (South Delhi), New Delhi, India, 110017 (“MTaI”). By registering for, accessing, or using the Portal, you (on behalf of your member company) agree to be bound by these Terms. These Terms are subject to the Uniform Code for Marketing Practices in Medical Devices 2024 (“UCMPMD”), as amended by Circular No 3 of 2025 dated September 1, 2025 (F No 31026/44/2024-MD) issued by the Department of Pharmaceuticals (“DoP”), Ministry of Chemicals and Fertilizers, Government of India (“Circular”).
    • This Portal is provided by MTaI to facilitate its member companies’ voluntary disclosure and secure storage of UCMPMD 2024 marketing expenditure returns in the format prescribed in UCMPMD by the DoP.
    • This Portal does not replace or supersede statutory obligations under the UCMPMD or other applicable laws. Member companies remain fully responsible for regulatory compliance.
    • The Terms shall be governed, if not specifically stated by:
      • the Digital Personal Data Protection Act, 2023 (“DPDP Act”) and rules made thereunder.
      • the Information Technology Act, 2000 (“IT Act”) and rules made thereunder; and
      • applicable directions of courts, committees, or statutory authorities, or bodies of similar nature.
  • Acceptance of Terms
    • By registering, accessing, or submitting disclosures on this portal, you acknowledge that you have read, understood and agreed to these Terms and are in alignment with compliance to the Terms thereof.
    • You accept and consent to the conditions given herein in these Terms and such consent is free, specific, informed, unconditional and unambiguous with a clear affirmative action and signifies an agreement to the processing of the member company’s personal data for the specified purpose.
    • You recognize the right of MTaI to use the submitted data for internal review/investigation and/or share it with competent authorities if required for inquiry or investigation.
    • Individuals submitting data on behalf of member companies represent that they are authorized to do so by their respective member companies.
  • User Eligibility & Access Control
    • Access is restricted to active MTaI member companies.
    • Each member company must: (a) designate at least one authorized personnel for submitting and managing Portal access; (b) maintain current and accurate records of all authorized personnel, including their names, designations, email addresses, and DINs (for directors) or PAN (for non-directors); (c) update the authorized personnel list within 7 (seven) business days of any change, including termination of personnel; (d) ensure all authorized personnel have been trained on UCMPMD compliance, data confidentiality, and information security practices; (e) maintain strict confidentiality of login credentials and multi-factor authentication factors; (f) immediately notify MTaI of any unauthorized access attempt, credential compromise, or suspected system abuse; and (g) comply with any access control procedures prescribed by MTaI.
  • Submission Requirements & Timelines
    • The Chief Executive Officer of the member company shall be directly responsible for adherence to the UCMPMD.
    • The executive head shall ensure that the marketing expenditure of the member company is disclosed within two months of the end of every financial year, in the Annexure format prescribed by the DoP in the Circular or is uploaded on the website of MTaI, as prescribed.
    • Once a company begins disclosure through MTaI, it should continue with the same association unless formally communicated in writing of the change to MTaI.
    • MTaI will promptly update the portal to reflect any changes to reporting formats issued by DoP from time to time.
  • Data Standards & Valuation Rules
    • Required fields: Company details, financial year, domestic sales revenue, monetary value of free evaluation samples, education programme expenditure and counts, notes, and location-wise event details.
    • Education Programmes include: CME/CPD, conferences, workshops, trainings, seminars.
    • Valuation:
      • Events: Include sponsorship, travel, lodging, hospitality, advertisements, stalls, souvenirs, etc.
      • Samples: Value per UCMPMD 5.2.2(vi): price-to-stockist (if manufactured) or purchase price (if procured).
    • Such other information as prescribed to be provided under UCMPMD or any other statute.
  • Certification of Accuracy & User Responsibility
    • All submitted data must be true, complete, and accurate.
    • Each submission must be digitally signed by the Executive Head/Authorized Signatory with designation and DIN/PAN.
    • The submitting member company assumes full responsibility for compliance; MTaI does not review or verify the correctness or legal sufficiency of submitted data.
  • Record Retention & Audit Cooperation
    • Companies must maintain supporting records (e.g., sample registers, event expenditure proofs) for at least five years.
    • Companies shall cooperate with lawful audits or inquiries initiated by regulators, Ethics Committees, or other competent authorities.
  • Data Storage, Security & Sharing
    • MTaI will use reasonable industry-standard security to protect submitted data.
    • Data may be stored with third-party secure cloud service providers under MTaI’s control.
    • MTaI will share data only when legally mandated or required for UCMPMD enforcement.
    • In the event of a data breach, MTaI will notify affected users promptly where legally required.
    • MTaI will retain the data for a minimum period of five years, or for such longer period as may be necessary for the purpose of facilitating inquiry into or decision on any complaint made or proceeding instituted before the Ethics Committee for Marketing Practices in Medical Devices, the Apex Committee for Marketing Practices in Medical Devices or any court or other authority or as such committee, court or authority may direct for such purpose.
  • Representations of MTaI
    MTaI represents that:
    • It is authorised under the UCMPMD to collect and act as a repository for disclosures.
    • It collects data in good faith as designated to do so by the DoP.
  • Warranties of MTaI
    MTaI warrants that:
    • It shall protect the information/data provided by the member companies and shall adopt a reasonable degree of care and caution that shall be equivalent to the degree adopted by MTaI to protect its own data.
    • It shall not misuse the data or disclose it to unauthorized third parties.
    • It shall not fact check every data and ensure its completeness, accuracy and consistency.
    • It shall use the data provided by the member company only for lawful purposes including for uses to which the member company has given consent and for certain legitimate uses. The meaning of lawful purposes shall be construed as given in Section 4(2) of the DPDP Act.
    • It shall ensure framework security, employ isolated hosting environment, ensure search engine shielding, host the server with security controls and incorporate in-platform safeguard to secure data submitted in the Portal.
    • MTaI shall also have a system in place to share such data or information, without affecting the integrity of the same in any manner, on being required to do so by such committee, court or authority for the purpose of such inquiry or decision.
    • If it requires, MTaI may engage, appoint, use or otherwise involve a Data Processor to process personal data on its behalf for any activity related to offering of goods or services to a member company only under a valid contract. The term Data Processor shall be defined as given in Section 2(k) of the DPDP Act, which shall be subject to the DPDP Act and the rules made thereunder.
  • Representations by member companies
    The member company represents that:
    • That it is a member of MTaI.
    • That if it is a member of any other association, it has informed the other association of its intention of uploading its details required in the Circular to MTaI.
    • All the information and data submitted in the Portal are true and accurate
    • It assumes full accountability for submissions and holds MTaI harmless for consequences of incomplete/incorrect information.
    • It has conducted due diligence in acquiring the data and acknowledges that deliberately providing incorrect information may result in action as per relevant law.
  • Privacy & Confidentiality
    • MTaI shall use the data solely for UCMPMD compliance facilitation and related legal obligations.
    • MTaI shall not disclose individual company data to other members or commercial third parties.
    • Personal identifiers (e.g., PAN/DIN) will be processed only for compliance purposes.
  • Acceptable Use & System Integrity
    • Member companies shall not tamper with, disrupt, or reverse-engineer the portal.
    • Credentials must be kept confidential and shared only with authorized internal personnel.
  • Corrections & Resubmissions
    In the event the member companies discover a discrepancy or an error in the information provided to MTaI, the same shall be communicated to MTaI within 7 days via a written notice for correction or resubmission of such information on the Portal.
  • Portal Availability & Modifications
    • MTaI aims for continuous and reliable access but does not guarantee uninterrupted or error-free operation.
    • Features and reporting formats may change to comply with DoP directions.
  • Suspension or Termination of Access
    • MTaI may suspend or terminate a user’s access if there is:
      • breach of these Terms,
      • suspected misuse,
      • security risks, or
      • legal/regulatory reasons.
      • On member’s request
    • The member company shall have the right to withdraw consent from sharing its personal data vide a written notice addressed to MTaI 30-days in advance to such execution of withdrawal and the same shall be construed as the member companies’ intent to terminate this agreement. Following such withdrawal the data shall be retained by MTaI as per the terms given in Clause 8.5 or in terms of the relevant law.
  • Consent Managers
    • The member may give, manage, review or withdraw her consent to the Data Fiduciary through a Consent Manager, as defined in Section 2(g) of the DPDP Act.
    • On the occasion a Consent Manager is engaged, The Consent Manager shall be accountable to the member company and shall act on its behalf in such manner and subject to such obligations as may be prescribed.
    • Every Consent Manager shall be registered with the Board in such manner and subject to such technical, operational, financial and other conditions as may be prescribed.
  • Indemnity
    Each party shall indemnify, defend and hold harmless the other party, its affiliates, and their respective officers, employees, and agents at its own expense against any and all direct claims, actions, damages, losses, costs, and expenses (including but not being limited to attorneys’ fees and costs) incurred or suffered in connection with a breach of that Party’s representations, warranties, or obligations under this Agreement
  • Limitation of Liability
    • Neither party shall be liable for indirect, incidental, consequential, special or exemplary damages arising from these Terms, and the data provided herein.
    • MTaI will not be responsible for any reputational harm or erosion of member trust that may arise to the member companies by virtue of the information given by the member companies, as being reflected on the Portal.
    • Under no circumstances, shall the total liability of MTaI exceed the annual fee paid by the member company in the previous financial year.
  • Tax & Statutory Compliance Reminder
    Companies are responsible for ensuring consistency with Income Tax Act obligations (TDS, disclosures of speaker honoraria, etc.) and any other applicable fiscal reporting.
  • Intellectual Property Rights
    All portal content, design, trademark, technology and all other intellectual property shall remain the intellectual property of MTaI. Users/member companies/individuals shall not copy, modify, or distribute portal materials without prior consent.
  • Right to Modify Terms
    MTaI may update these Terms by providing reasonable notice on the Portal. Continued use after changes constitutes acceptance.
  • Force Majeure
    MTaI shall not be liable for delays or non-performance caused by circumstances beyond reasonable control, including but not limited to acts of God, system failures, cyberattacks, natural disasters, pandemics, terrorism, regulatory changes or events of similar nature.
  • Governing Law & Dispute Resolution
    • These Terms are governed by Indian law.
    • Parties shall attempt to resolve disputes through good-faith negotiation.
    • If unresolved within 30 working days, disputes shall be subject to the exclusive jurisdiction of courts in New Delhi.
  • Contact Information
    For technical or compliance-related queries, email info@mtaiindia.org or contact the MTaI Secretariat.

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Terms & Condition