Terms of Use Health.India.com

Welcome to Health.India.com (the “Web Site”). Please read these Terms of Use carefully before using this Site. By accessing or using the Site, you agree to be bound by these Terms of Use. The provision of information and services on this Site by the owners and operators of Health.India.com and their suppliers is subject to your Agreement to the Terms of Use below.

The Web Site is operated by India Webportal Pvt. Ltd, (“India.com for short). The Web Site is offered to you conditional upon your acceptance of these Terms of Use. Your use of and access to the Web Site constitutes your acceptance.

By using, accessing, viewing, subscribing to services offered by Health.India.com including any webpage, feature, information, data contained therein you agree to be bound by and abide by the terms and conditions under which these services are offered. You should not use any Health.India.com services in case any of the terms and conditions is not acceptable to you.

You represent and warrant that you are competent and eligible to enter into legally binding agreement and have the requisite authority to represent and bind the other party to this Agreement. You shall not use this Service if you are not competent to contract under the applicable laws, rules and regulations.

This Agreement shall continue to be in full force and effect for so long as you are using the Health.India.com services. Health.India.com may at any time modify the terms and conditions (“Terms”) of the Service without any prior notification to you. You can access the latest version of the Terms here at any given time. You should regularly review the Terms. In the event the modified Terms are not acceptable to you, you should discontinue using the service. However, if you continue to use the service you agree to accept and abide by the modified Terms.

Health.India.com may periodically amend these Terms of Use, which will be posted online. As you are bound by these Terms of Use, you should periodically review this page.

Our Services are very diverse, so sometimes additional terms or product requirements (including age requirements) may apply. Additional terms will be available with the relevant Services, and those additional terms become part of your agreement with us if you use those Services.

These terms of use constitute an electronic record, which does not require to be physically signed to indicate acceptance

A. YOUR HEALTH.INDIA.COM ACCOUNT

To avail of and use the Health.India.com Services you may have to register with Health.India.com. As a part of registration process you agree to provide Health.India.com current, complete, and accurate registration information as prompted to do by the Service and to maintain and update this information as required to keep it current, complete and accurate.
If you provide any information that is untrue, inaccurate not current or incomplete or Health.India.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Health.India.com has the right to indefinitely suspend or terminate your membership and refuse to provide you with access to Health.India.com Services.
You shall be responsible for maintaining the confidentiality of your password, which you will not be under an obligation to reveal to any representative or agent of Health.India.com. Membership is non-transferable.
You further consent to receive communications from Health.India.com electronically. Health.India.com will communicate with Users by email or by posting notices on the Site/Service. This service is provided to you as a matter of convenience. You may be able to post, submit, transmit, share, upload any data, comment, messages, files, photographs, pictures, images, graphics or any other material or a combination thereof (“Content”) on the Service as per the respective terms and conditions thereto

B. USING OUR SERVICES

User must follow any and all policies made available by Health.India.com
In connection with your use of the Services, Health.India.com may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.
This Site provides information about our company, and the products and services we offer, including ________________________________________________________________________________________________________________________________________________________________________
The clinical information contained within our Site is intended for the use of healthcare professionals. Healthcare professionals should exercise their own clinical judgment when using our content, tools or databases.
If you are a patient or healthcare consumer, you should not use information found on this Site to replace a relationship with your physician or other healthcare professional and should not rely on that information as professional medical advice. Always seek the advice of your physician or other qualified healthcare provider concerning questions you have regarding a medical condition, and before starting, stopping or modifying any treatment or medication. In the case of a health emergency, seek immediate assistance from emergency personnel. Never delay obtaining medical advice or disregard medical advice because of something you have or have not read on this Site.
The information (including, without limitation, advice and recommendations) and services on this Site are intended solely as a general educational aid and are neither medical nor healthcare advice for any individual problem nor a substitute for medical or other professional advice and services from a qualified healthcare provider familiar with your medical history. Use of this Site does not create a doctor-patient relationship. Nothing contained in this Site is intended to be used for medical diagnosis or treatment.
While Health.India.com attempts to keep all the information on the Site up-to-date, medical treatment/sciences and knowledge change quickly, and this Site should not be considered error-free or as a comprehensive source of all information on a particular topic. Neither Health.India.com nor any of its affiliates makes any warranties or representations as to the accuracy of the content of the Site, and assumes no responsibility for any consequences relating directly or indirectly to any action or inaction you take based upon the information and material on this Site. Your use of the Site is subject to the additional disclaimers and caveats that may appear throughout these Terms of Use and the Site. You assume the entire risk of loss in using this Site and materials contained in the Site.
Features and specifications of products or services described or depicted on the Site are subject to change at any time without notice.
Although certain of the information about health conditions on this Site is provided by third parties, no third party has reviewed or endorsed any information, products, or services other than those clearly marked as being from such third party.
The content displayed on this site shall not in any way whatsoever be in violation of section 6 of the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002.
You agree and undertake that you shall not host, post, upload, display, modify, publish, transmit, update or share any information content/material that:
a) Belongs to another person and to which you don’t have any right to; copyrighted content owned by a third party unless you have the express consent, permission, license, authority of the rightful owner;
b) Violates/infringes any patent, trademark, trade secret, copyright or any other proprietary or privacy rights of any third party.
c) Is grossly harmful, blasphemous, paedophilic, false, misleading, unlawful or with the intent to defraud, harass, abuse, intimidate, accuse, impersonate or harm the feelings of anyone; illegal, obscene, pornographic, vulgar, provocative, defamatory, indecent, libelous, hateful, or racially, ethnically objectionable, disparaging, threatening, impersonating another person, enticing/harming of minors in any way, infringing of intellectual property rights, proprietary rights of any third party, invasive of privacy or public rights or any other third party rights or otherwise injurious or objectionable, elicit response relating to illegal activity, contain viruses is an expression of bigotry or hatred based on age, gender, race, religion, caste, class, lifestyle preference, and nationality; relating or encouraging money laundering or gambling or otherwise unlawful in any manner.
d) Promotes or provides any instructional information about illegal activities;
e) Contains software viruses or any other computer codes, files or programs that would interrupt, destroy or limit the functionality of this Site/Service or any software, network, servers, hardware or any other related equipment, any computer resource.
f) Violates any applicable laws or regulations for the time being in force.
g) Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature.
h) Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
Health.India.com does not claims any ownership in the content posted by you including without limitation the feedback and suggestions provided. You may upload and share your content, share your views, feedbacks and suggestions – this should not be done at the cost of hurting the feelings of anyone.
You agree and acknowledge that any Content/material/image, uploaded or posted by you is lawfully owned by you. By posting the Content you represent and warrant that you own or otherwise control all the rights including without limitation the right necessary to provide, post, upload, and submit the Content.
For any Content posted by you, actions undertaken on any/all Health.India.com Services under your account till date you grant a worldwide, royalty free right to Health.India.com and to the general public to use, reproduce, disclose, exhibit, display, transform, edit, translate, create, distribute or transmit the material without limitation or restriction with or without having your name attached/attributed/displayed/assigned to such Content.
When you upload or otherwise submit content to our Services, you give Health.India.com (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. This license continues even if you stop using our Services.
You further agree and acknowledge that Health.India.com shall be free to use any ideas, concepts, techniques, know-how contained in any Content posted/uploaded by you, for any purpose including but not limited to publicity, promotion, advertising, developing/marketing products or use such information without compensation or any other obligations to anyone including you.
You further agree and acknowledge that Health.India.com is under no obligation to post or use any content/material uploaded/posted by you.
You agree and acknowledge that the content posted, uploaded, accessed, bookmarked or shared by you across various Health.India.com services can be accessed, copied, stored, used publicly by all other users whether registered or not.
Health.India.com services include public areas – that are accessible by all the users whether registered or not with Health.India.com and you You shall be solely responsible for any Content uploaded, posted or shared by you.
By submitting the information to us, you represent and warrant that such submission is accurate, is not confidential and is not in violation of any contractual restrictions or other third party rights. You must consider and decide yourself the extent to which you wish to reveal information about yourself to the large community of Health.India.com users and to Health.India.com. You must not communicate any information which could be harmful/damaging/detrimental to you.
Health.India.com offers various services such as chat rooms, blogs, etc, where you can post and share your views, observations and comments on various issues/designated topics. Health.India.com cannot guarantee that the other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not post it on the service.
You further agree, understand and acknowledge that Health.India.com is a intermediary/service provider which facilitates/provides access to the communication system over which the information is made available by the third parties. As such Health.India.com does not
a) initiate the said transmission or
b) select the receiver of said transmission or
c) select or modify the information contained in the said transmission.
Health.India.com is under no obligation to monitor or review the user contributed content.
Health.India.com assumes no responsibility for the content, no obligation to modify or remove any inappropriate messages/content and no responsibility for the conduct of any user of this service.
However, Health.India.com reserves the right to review the content posted and to remove any content in its sole discretion.
Health.India.com does not permit or authorize infringement of intellectual property rights and reserves the right to remove the content without any prior intimation, upon proper notification that such member uploaded content infringes the intellectual property rights including the copyright of the rightful owner.
The information/content provided on this site is intended for personal non-commercial use. Other than what is expressly provided herein, you agree and undertake not to download, use, copy, reproduce, distribute, display, broadcast, sale, license or otherwise exploit for any purpose any content without the prior written consent of the respective rightful owners
Health.India.com Services display some content that is not created by Health.India.com. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. Health.India.com is not responsible for the availability of these outside resources or their contents, nor does it endorse or is it responsible for any of the advertising, products or other material on such contents. Health.India.com shall not be held responsible or liable for any direct or indirect loss or damages caused or alleged to have been caused by your use of, or reliance on, such content. Any concerns regarding an external content should be directed to its responsible site administrator or webmaster
This Site is the private property of Health.India.com and your access to this Site is only with our permission. Any unauthorized access or use will be deemed, among other things, a trespass, and we reserve the right to pursue our legal rights for any unauthorized access or use of this Site, including seeking civil remedies and equitable relief to the fullest extent possible, and referral of matters to appropriate law enforcement agencies. Any person who obtains unauthorized access to this Site shall be liable for prosecution under applicable national and international laws, including but not limited to the Information Technology Act, 2000

C. PRIVACY POLICY

Health.India.com’s Privacy Policy explains how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that Health.India.com can use such data in accordance with our privacy policies.

D. BUSINESS USES OF OUR SERVICES
If you are using our Services on behalf of a business, that business accepts these terms.
It will hold harmless and indemnify Health.India.com and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.

E. EXTERNAL LINKS AND ADVERTISEMENTS.

The Web Site may contain hyperlinks to Internet sites and resources operated by third parties. These linked web sites are not under the control of Health.India.com. Health.India.com is not responsible for the availability of these outside resources or their contents, nor does it endorse or is it responsible for any of the contents, advertising, products or other material on such sites.

Health.India.com shall not be held responsible or liable for any direct or indirect loss or damages caused or alleged to have been caused by your use of, or reliance on, any content, goods or services available on such sites. Any concerns regarding an external link should be directed to its responsible site administrator or webmaster.

The Web Site may also contain third party advertisements embedded with hyperlinks to third party web sites. All such advertisings are paid for by the relevant third party advertiser and are not recommendations or endorsements by Health.India.com or its affiliates. You should refer to the relevant advertiser for information on its products and/or services.

F. RESTRICTIONS ON USE OF MATERIALS.

No material from the Web Site or any web site owned, operated, licensed or controlled by Health.India.com may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices.

Modification of the materials or use of the materials for any other purpose is a violation of Health.India.com copyright and other proprietary rights. For purposes of this Terms of Use, the use of any such material on any other web site or networked computer environment is prohibited.

The trademarks, logos and service marks of Health.India.com and/or its affiliates are collectively referred to as the “Trademarks”. Nothing contained in the Web Site should be construed as granting, by implication, estoppels or otherwise, any license or right of use of any Trademark displayed on the Web Site without the written permission of Health.India.com or its third party owner.

Indian Copyright Act 1957, The Trade Mark Act 1999, The Patent Act 1970, and other applicable or amended laws protect the services and materials appearing on the Web Site. All materials on the Web Site may be accessed, downloaded or printed for the non-commercial purpose of scientific or educational advancement or within the scope allowable by these Terms of Use. No other use of these materials may be made without express written permission of IWPL. Any unauthorized use of the words or images on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.

The Web Site includes material that is derived in whole or in part from materials that are copyrighted, including the format and layout of the Site. The copyrights are owned by India.com, or for licensed content, the content providers.

Health.india.com is owned by India.com. None of the names, trademarks, service marks and logos of India.com appearing on this Web Site may be used in any advertising or publicity, or otherwise to indicate India.com’s sponsorship of or affiliation with any product or service, without express written permission of India.com. Nothing contained on the Site should be construed as granting, by implication, estoppel, waiver or otherwise, any license or right of use to any trademark displayed on the Site without the written permission of India.com or the third party owner of the trademark, if any. This Site may contain other proprietary notices and copyright information, the terms of which must be observed and followed.

G. SUBMISSIONS.

Health.India.com is pleased to hear from its users and welcomes your comments regarding Health.India.com products /and or services.  
However, Health.India.com’s long-standing company policy does not allow it to accept or consider creative ideas, suggestions or materials other than those it has specifically requested.
We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by Health.India.com ‘s professional staff might seem to others to be similar to their own creative work.
Accordingly, we must ask that you do not send us any original creative materials such as stories or character ideas, screenplays, or original artwork. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products, and not submit any creative ideas, suggestions or materials.
If, despite our request that you not send us any creative materials, you send us creative suggestions, ideas, notes, drawings, concepts or other information (collectively, the “Information”), the Information shall be deemed, and shall remain, the property of Health.India.com.
None of the Information shall be subject to any obligation of confidence on the part of Health.India.com and Health.India.com shall not be liable for any use or disclosure of any Information. Without limitation of the foregoing, Health.India.com shall exclusively own all now known or hereafter existing rights to the Information of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Information for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Information.
If you provide Health.India.com with any Information, you shall be deemed to have waived any rights, interest and ownership in the Information.

H. JURISDICTIONAL ISSUES.

To the fullest extent permitted by applicable law, Health.India.com makes no representation that materials in the site are appropriate or available for use in any locations.
Those who choose to access this site from any location do so on their own initiative and are responsible for compliance with their local laws, if and to the extent local laws are applicable.
This Agreement is governed and construed in accordance with the Laws of Union of India. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Mumbai, Maharashtra, India, in all disputes arising out of or relating to the use of the Health.India.com sites/services. Use of the Health.India.com sites/services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree to indemnify and hold Health.India.com, its subsidiaries, affiliates, officers, directors, employees, and representatives harmless from any claim, demand, or damage, including reasonable attorneys’ fees, asserted by any third party due to or arising out of your use of or conduct on the Health.India.com sites/services.

I. TERMINATION.
Health.India.com reserves the right to terminate your access to all or part of this Web Site, with or without notice.

J. DISCLAIMER.
THE MATERIALS IN THIS WEB SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HEALTH.INDIA.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HEALTH.INDIA.COM DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE MATERIALS WILL MEET YOUR REQUIREMENTS, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THE WEB SITE WILL BE MAINTAINED. HEALTH.INDIA.COM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU (AND NOT HEALTH.INDIA.COM) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

K. LIMITATION OF LIABILITY.

To the fullest extent permitted by applicable law, Health.India.com excludes all liability for any direct, indirect, incidental, special or consequential damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from (a) the use or the inability to use the Web Site; (b) the cost of procurement of substitute goods and services resulting from any goods or services purchased or obtained or transactions entered into through or from the Web Site; or (c) unauthorized access to or alteration of your transmissions or data, even if Health.India.com has been advised of the possibility of such damages.
You further agree that Health.India.com is not responsible or liable to you for any threatening, defamatory, obscene, offensive or illegal conduct of other users or any infringement of another’s rights, including intellectual property rights, occurring on or through the Web Site.
To the extent permitted by law, the total liability of Health.India.com, and its suppliers and distributors, for any claims under these terms, including for any implied warranties, is limited to the amount you paid us to use the Services (or, if we choose, to supplying you the Services again).
In all cases, Health.India.com, and its suppliers and distributors, will not be liable for any loss or damage that is not reasonably foreseeable
We recognize that in some countries, you might have legal rights as a consumer. If you are using the Services for a personal purpose, then nothing in these terms or any additional terms limits any consumer legal rights which may not be waived by contract.
If you are dissatisfied with the Web Site, the materials available on it, or with these Terms of Use, your sole and exclusive remedy is to discontinue using the Web Site.
Without limiting any other provision of these Terms and Conditions, to the extent that any warranty of liability cannot be excluded, Health.India.com’s total liability is limited: to (a) the supply again of the services provided herein or (b) payment of the cost of having services supplied again.

L. INDEMNIFICATION; LIABILITY FOR ALTERING, TAMPERING.

You agree to indemnify, defend and hold harmless Health.India.com and its parents, subsidiaries, affiliates, officers, and employees from any loss, liability, claim, demand, damage, or expenses (including reasonable attorney’s fees) asserted by any third party due to or arising from or in connection with your use of or conduct on the Web Site, content or messages posted or transmitted by you on or through the Web Site.
Health.India.com reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, which shall not excuse your indemnity obligations. You hereby agree that if you unauthorisedly alter, access or tamper with the Web Site or any of the material contained in the Web Site you shall be liable for all loss and damages suffered by Health.India.com or any third party on account of such acts.”

M. MODIFICATION TO THE WEB SITE.
Health.India.com reserves the right to modify or discontinue the Web Site without prior notice. Health.India.com shall not be liable to you for any modification to or discontinue of the Web Site.

N. ABOUT THESE TERMS
Health.India.com may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services.
You should look at the terms regularly. Health.India.com will post notice of modifications to these terms on this page. Health.India.com will post notice of modified additional terms in the applicable Service.
Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted.
However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.
If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.
These terms control the relationship between Health.India.com and you. They do not create any third party beneficiary rights.
If you do not comply with these terms, and if Health.India.com does not take action right away, it does not mean in any way that Health.India.com is giving up any rights that Health.India.com may have (such as taking action in the future).
If any of the terms which form a part of this Terms of Use, is established to be not enforceable, it will not affect any other terms.

11. MISCELLANEOUS.
This agreement shall be governed by and construed in accordance with the laws of Mumbai, India, without giving effect to any principles of conflicts of law. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between you and Health.India.com relating to the subject matter herein.
I have read and understood this agreement and agree to be bound by and abide to this agreement.