Terms of Agreement
2. ACCESSING THE WEBSITE AND ACCOUNT SECURITY
2.2 You will be deemed to have accepted such change(s) if you continue to access the Website subsequent to such changes.
2.3 You are responsible for:
(a) Making all arrangements necessary for you to have access to the Website.
2.5 If you choose, or are provided with, a user name, password or other identifier, or any other piece of information (“User Data”) as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Website or portions of it using your User Data.
2.6 You agree to notify us immediately of any unauthorized access to or use of your User Data or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your User Data or other personal information.
3. INTELLECTUAL PROPERTY RIGHTS
3.1 The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Organization, its affiliates, its licensors or other providers of such material and are protected by national and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Any infringement shall be vigorously prosecuted and pursued to the fullest extent permitted by law.
(a) Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
(b) You may store files that are automatically cached by your web browser for display enhancement purposes.
(c) You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
(d) If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
(e) If we provide social media with certain features, you may take such actions as are enabled by such features.
3.3 Users must not:
(a) Modify copies of any materials from the Website.
(b) Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
(c) Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website.
3.4 You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
3.5 If you wish to make any use of material on the Website other than that set out in this section, please address your request to: email@example.com.
4 PROHIBITED USES
(a) is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
(b) harasses or advocates harassment of another user;
(c) exploits people in a sexual or violent manner;
(d) contains nudity, violence, or offensive subject matter or contains a link to an adult website;
(e) solicits personal information from anyone under 18;
(f) provides any telephone numbers, addresses, last names, URLs or email addresses;
(g) promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
(h) violates any applicable national, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from other countries);
(i) harms or attempts to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
(j) promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
(k) sends, knowingly receives, uploads, downloads, uses or re-uses any material which does not comply with the standards set out herein;
involves the transmission, of any advertising or promotional material without our prior written consent including any "junk mail," "chain letter" or "spam" or any other similar unsolicited contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
includes a photograph or video of another person that you have posted without that person's consent;
criminal or torturous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
covering or obscuring the banner advertisements on your personal profile page, or any of the Organization’s pages;
any automated use of the system, such as using scripts to add friends or send comments or messages;
attempts to impersonate the Organization, Organization’s employee or representative, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing);
engages in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Organization or Users or expose them to liability;
using the account, username, or password of another User at any time or disclosing your password to any third party or permitting any third party to access your account;
selling or otherwise transferring your profile;
using any information obtained from the Website in order to harass, abuse, or harm another person;
displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Website on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose, or sending private messages with a commercial purpose
Additionally, the Users shall not:
Use the Website in any manner that could potentially disable, overburden, damage, or impair the Website or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website;
use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent;
use any device, software or routine that interferes with the proper working of the Website;
introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website;
attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or
otherwise attempt to interfere with the proper working of the Website.
The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website.
All User Contributions must comply with the content standards as set out herein above in Prohibited Uses.
Any User Contributions you post to the site will be considered non-confidential and non-proprietary. By providing any User Contributions on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material.
You represent and warrant that:
You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns;
you understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Organization, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness;
you understand and acknowledge that we are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.
MONITORING AND ENFORCEMENT; TERMINATION
We have the right to:
Remove or refuse to post any User Contributions for any or no reason in our sole discretion;
disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;
take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website; or
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.
However, we do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party or for performance or non-performance of the activities described in this section.
NO RELIANCE ON INFORMATION POSTED
Information presented on or through the Website is made available solely for general information purposes and does not in any manner constitute as medical advice. We do not warrant the accuracy, completeness or usefulness of any information on the Website. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials or information by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
The Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Organization, are solely the opinions and the responsibility of the person or entity providing those materials. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Part of the Website may contain advertising/other material submitted to us by third parties. Responsibility for ensuring that material submitted for inclusion on the Website complies with applicable international and national law is exclusively on the advertisers and we will not be responsible for any claim, error, omission or inaccuracy in advertising material. We reserve the right to omit, suspend or change the position of any advertising material submitted for insertion.
INFORMATION ABOUT YOU AND YOUR VISITS TO THE WEBSITE
You agree that your account on the Website is non-transferable and any rights to your ID or contents with your said account automatically terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated, and all contents therein permanently deleted.
LINKING TO THE WEBSITE AND SOCIAL MEDIA FEATURES
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
The Website may provide certain social media features that enable you to:
Link from your own or certain third-party websites to certain content on the Website;
send e-mails or other communications with certain content, or links to certain content, on the Website;
cause limited portions of content on the Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
Establish a link from any Website that is not owned by you;
cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site;
link to any part of the Website other than the homepage; or
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
LINKS FROM THE WEBSITE
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. Please be aware that we are not responsible for the privacy practices, or content, of these websites. We encourage our users to be aware when they leave our Website and to read the privacy statements of these websites. You should evaluate the security and trustworthiness of any other website connected to the Website or accessed through the Website yourself, before disclosing any personal information to them. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
DISCLAIMER OF WARRANTIES AND LIABILITY
You acknowledge and understand that we cannot and do not guarantee that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checks to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or any services or items obtained through the Website or to your downloading of any material posted on it, or on any website linked to it.
Your use of the Website is at your own risk, and its content and any services or items obtained through the Website are provided on an "as is" and "as available" basis.
All the contents of the Website are only for general information or use. They do not constitute advice, including medical advice, and should not be relied upon in making (or refraining from making) any decision and you should consult an appropriate professional for specific advice tailored to your situation. Any specific advice or replies to queries in any part of the Website is/are the personal opinion of such persons and are not subscribed to by the Website or us. The information from or through the Website is provided on "AS IS" basis, and all warranties, expressed or implied of any kind, regarding any matter pertaining to any goods, service or channel, including without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement are disclaimed and excluded.
The Organization hereby disclaims any warranty, whether express or implied, statutory or otherwise, including but not limited to any warranty of merchantability, non-infringement and fitness for particular purpose, completeness, security, reliability, quality, accuracy or uninterrupted or error-free availability of the Website, its content or any services or items obtained through the Website, that defects will be corrected, that the Website or the server that makes it available are free of viruses or other harmful components or that the Website or any services or items obtained through the Website will otherwise meet your needs or expectations.
The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.
LIMITATION ON LIABILITY
In no event will the Organization, or its employees, representatives, owners, agents, officers or directors be liable for damages or losses of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Website, any websites linked to it, any content on the Website or such other websites or any services or items obtained through the Website or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
GOVERNING LAW AND JURISDICTION
Any dispute or disagreement arising out of these Terms and Conditions including but not limited to issues relating to the rights and liabilities of both the Users and/or the Organization, interpretation of these Terms and Conditions, and all such other issues arising out of these Terms and Conditions shall be referred to a sole arbitrator appointed by the Organization.
The arbitration proceedings will be governed by the Arbitration and Conciliation Act, 1996. The arbitration proceedings shall be held in Mumbai, India and conducted in English.
The Terms and Conditions will be enforceable, and any arbitration award will be final, and judgement thereon may be entered in any court of competent jurisdiction.
To the extent permitted under the Arbitration and Conciliation Act, 1996 the User agrees that all claims, differences and disputes arising under or in connection with or in relation to these Terms and Conditions and the services, or any transaction entered into on or through the Website or the relationship between the User and the Organization shall be subject to the exclusive jurisdiction of the courts at Mumbai and the User hereby accedes to and accepts the jurisdiction of such courts.
We shall have no liability to you for any interruption or delay in access to the Website irrespective of the cause.
WAIVER AND SEVERABILITY
In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
Name: Sachi Mehta