Terms for Use of Website
- ACCEPTANCE OF THE TERMS AND CONDITIONS
- USE OF INFORMATION
- DISCLAIMER OF WARRANTIES
- RESTRICTIONS ON USE OF THE WEBSITE
- YOUR INFORMATION
- LINKS
- NON-TRANSFERRABLE
- NO ADVICE
- TERMINATION
- SEVERABILITY
- INTELLECTUAL PROPERTY
- COMPLIANCE
- GOVERNING LAW AND JURISDICATION
- MODIFICATION
- LIMITATION OF LIABILITY
- INDEMNIFICATION
1. ACCEPTANCE OF THE TERMS AND CONDITIONS
1.1 Please read these website terms of use (hereinafter “Terms”) carefully before accessing and using
this website (hereinafter “Site”). These Terms govern your access, browsing and use of the Site
(herein after “Use/Using”). Please do not Use the Site If you do not agree to all the Terms.
1.2 The Site is available only to persons who have reached the age of legal majority and entities, competent
to enter into a legally binding agreement(s) under the applicable law. If You do not qualify, You are not
permitted to use the Site.
1.3 The Site is available for your Use only on the condition that you agree to the Terms as set forth below,
therefore, by Using the Site, you signify your agreement to be bound by the Terms and it is deemed that You
have read, understood and accepted, without limitation and qualification, the Terms set out herein.
2. USE OF INFORMATION
2.1 Use of this Site does not confer any license or ownership on any Information of the Company.
2.2 You may Use the Site, only for accessing information such as applications, products, text, data, sound,
audio, video, graphics, logos, icons, images, software, trade names, logos, services, forms, applications,
software etc.; of Incisive Health Care India ( includes its associates, affiliates, subsidiaries, group companies
and permitted assigns and herein after termed as the “Company”) (hereinafter “Information”)
for strictly non-commercial purposes, at your own and sole risk as to the cost and consequence. You shall
not distribute, download, modify, reuse, repost transmit, or use the Information for any other purpose like
self-prescription, commercial, legal purposes etc.
2.3 A reference to a product or service (hereinafter “Product”) on this Site does not imply that such
Product is available in your country and the Information on the Product may also vary from
country-to-country. Dispensation of Products may also be subject to regulatory guidelines such as on
prescription of registered medical practitioner.
3. DISCLAIMER OF WARRANTIES
3.1 The Information/Content is provided on “AS IS” basis and the Company makes no representations about the
results to be obtained from using the Site. No representation or warranty is provided as to the authenticity
/correctness / sufficiency of the Information. The Company does not assume any liability or responsibility
and hereby disclaims all warranties and conditions whether express or implied, statutory or otherwise
including without limitation implied warranties of merchantability, accuracy, fitness for a particular
purpose, sufficiency, workmanship, title, completeness, use, consumption and non-infringement of third party
rights.
3.2 The Company, has adopted reasonable security practices and procedures for the security and protection,
in line with the internationally accepted standards which includes, technical, operational and physical
security control measures. However, the Company does not guarantee security and You agree that You Use the
Site at your own risk. In no event shall the Company be liable for any damages of any kind or nature
whatsoever including but not limited to incidental, consequential, punitive damages or any claims or losses,
whether foreseeable or not; or whether being informed of the possibility in advance, resulting from or in
connection with the Use of the Site, any other third-party site, the links contained in any site or the
inability to use the Site. This includes damage to your computer equipment or any viruses that may infect
your computer equipment.
4. RESTRICTIONS ON USE OF THE WEBSITE
4.1 In addition to other restrictions set forth in these Terms of Use, You agree that:
4.1.1 You shall not disguise the origin of information transmitted through the Site.
4.1.2 You will not place false or misleading information on the Site.
4.1.3 You will not use or access any service, information, application or software available via
the Site in a manner not expressly permitted by the Company.
4.1.4 You will not input or upload to the Web Site any information that may contain viruses,
Trojan horses, worms, time bombs or other computer programming routines that are intended to damage,
interfere with, intercept or expropriate any system, the Web Site or Information or that infringes the
Intellectual Property rights of another.
4.1.5 You may not use or access the Site in any way that, in adversely affects the performance
or function of the Site or Systems.
4.1.6 You may not frame or utilize framing techniques to enclose any portion or aspect of the
Content or the Information, without the express written consent of the Company.
5. YOUR INFORMATION
5.1 Your personal details, medical records, IP address, data, answers to specific queries, comments,
suggestions that you transmit or post on the Site, voluntarily or involuntarily, by logging in, browsing,
filling up forms, electronic mail or otherwise, (hereinafter referred to as the “Your Information”),
shall be treated as non-confidential and non-proprietary information and shall become the property of the
Company. The Company may store, use, reproduce, disclose, transmit, publish, broadcast or further post, the
Your Information for legitimate business analytics/purposes without any compensation to You.
5.2 With respect to any individual whose personal information is provided by You, You represent that You
have obtained all necessary consents for the processing of such personal information by the Company.
5.3 You also expressly acknowledge that the Company is free to store, use any ideas, concepts, know-how or
techniques contained in any Your Information, for any purpose whatsoever, including but not limited to,
developing, manufacturing and marketing products, without any compensation to the user. In case of a change
in control of the Company, the Company reserves the right to transfer Your Information to the new
party.
5.4 Please refer to the Privacy Policy for more details in this regard.
6. LINKS
6.1 The Site may contain links to third-party web sites, which are provided as a convenience to You. These
links are not under the control of the Company, and inclusion of any link does not imply endorsement by the
Company of such web site. The Company make no claim, and are not responsible for such third-party web
sites.
6.2 Outbound Links: The Site may contain links to third-party websites and resources (hereinafter "Linked
Sites"). These Linked Sites are provided solely as a convenience to You and not as an endorsement by the
Company. The Company makes no representations or warranties regarding the correctness, accuracy, performance
or quality of any content, software, service or application found at any Linked Site. The Company shall not
be responsible for the availability of the Linked Sites or the content or activities of such sites. If You
decide to access Linked Sites, You do so at Your own risk. In addition, Your use of Linked Sites is subject
to any applicable policies and terms and conditions of use, including but not limited to, the Linked Site's
privacy policy.
6.3 Inbound Links: Linking to any page of the Site is strictly prohibited in the absence of a separate
linkage agreement with the Company. Any website or other devices that link or any page available therein is
prohibited from
6.3.1 replicating Content/Information,
6.3.2 using a browser or border environment around the Content/Information,
6.3.3 implying in any fashion that the Company or any of its affiliates endorse it or its
products,
6.3.4 misrepresenting any state of facts, including its relationship with the Company,
6.3.5 presenting false information about the Companies products, and
6.3.6 using any logo or mark of the Company without express written permission from the Company.
7. NON-TRANSFERRABLE
7.1 Your rights to access the Site and related websites is strictly non-transferrable. Any password, right or access given to you to obtain information or documents is not transferrable and remains the exclusive property of the Company.
8. NO ADVICE
8.1 All Information including any information relating to any Product on the Site is provided for general information purposes only and is not intended for use such as medical information, as an alternative to consulting with qualified doctors or medical professionals, or for use for commercial/legal purposes, investment advisory/offers, instructions on the use of the Products etc.
9. TERMINATION
9.1 You agree that the Company, at its sole discretion, may terminate or suspend Your use of the Site at any
time and for any or no reason, even if access and use continue to be allowed to others. Furthermore, You
agree that the Company shall not be liable to You or to any third party for any termination or suspension of
Your access to the Site. Upon such suspension or termination, You must immediately discontinue Your Use of
the Site.
9.2 Accessing the Site, after such termination, suspension or discontinuation shall constitute an act of
trespass.
10. SEVERABILITY
10.1 If any term or conditions herein is held to be either illegal or unenforceable, in whole or in part, under any enactment or rule of law, such a term or condition may to the extent possible considered modified to be read in consonance with law or severed. Such modification/severance shall not affect the other terms and conditions, which shall remain fully enforceable.
11. INTELLECTUAL PROPERTY
11.1 Any and all intellectual property rights ("Intellectual Property") associated with the Site,
Information and its contents (hereinafter "Content") whether registered/registrable or not as intellectual
property, are the sole property of the Company and is protected by Intellectual Property, international
treaties and other laws both in India and other countries. Elements of the Site are also protected by trade
name, trade secret, unfair competition, and other laws and may not be copied or imitated in whole or in
part. All customised graphics, icons, and other items that appear on the Web Site are trademarks, service
marks or trade name ("Marks") of Company or other companies that have granted Company the right and licence
to use such Marks and may not be used or interfered with in any manner without the express written consent
of the Company.
11.2 Except as otherwise expressly authorised by these Terms, You may not copy, reproduce, modify, amend,
lease, loan, sell and/or create derivative works from, upload, transmit, and/or distribute the Intellectual
Property of the Web Site in any way without Company's prior written permission or that of an appropriate
third party.
11.3 Except as expressly provided herein, the Company does not grant You any express or implied rights to
the Intellectual Property of the Company or that of any third party. The Company hereby grants You only a
limited, personal, non-transferable, non-sub licensable, revocable licence to (a) Use only the Site, Content
and Information only in the manner presented by the Company, and (b) access and use the computer and network
services offered within the Site (hereinafter “Systems”) only in the manner expressly permitted by
the Company. Except for this limited license, the Company does not convey any interest in or to the Systems,
Information, Content or any other property of the Company by permitting You to access the Site.
11.4 Except to the extent required by law or as expressly provided herein, none of the Content and/or
Information may be reverse-engineered, modified, amended, reproduced, republished, translated into any
language or computer language, re-transmitted in any form or by any means, resold or redistributed without
the prior written consent of the Company. You may not make, sell, offer for sale, modify, amend, reproduce,
display, publicly perform, import, distribute, retransmit or otherwise use the Content and/or Information in
any way unless expressly permitted to do so by the Company.
12. COMPLIANCE
12.1 You are prohibited from altering the Site or posting or transmitting any unlawful, threatening, libellous, vulgar, discriminatory, defamatory, obscene, scandalous, inflammatory, profane material that could constitute or encourage conduct of the nature of an offence and/or hurt the religious feelings of a particular community, sect, group or hurt public sentiments or give rise to a civil/criminal liability or otherwise violate any law. In such cases the Company shall at its own discretion initiate legal action and/or inform the law enforcement authorities.
13. GOVERNING LAW AND JURISDICATION
13.1 This Site is created and controlled by Incisive Health Care India in Maharashtra (India); as such all the terms and conditions expressed herein are governed by and to be interpreted in accordance with the laws of India, and all disputes arising in relation to these terms whether in contract or tort or otherwise, is to be submitted to the jurisdiction of the courts located in Maharashtra, India.
14. MODIFICATION:
14.1 The Company reserves the right to update, change, modify, delete any of the Terms, in whole or part at any time, and or may suspend the operation of this Site for support or maintenance work, without notice. Any changes or updates will be effective immediately upon posting the revised Terms on the Site. You are expected to review this statement periodically as Your continued use of this Site constitutes an acceptance of any and all revised Terms.
15. LIMITATION OF LIABILITY
15.1 In no event, the Company shall be liable for any incidental, indirect, exemplary, punitive and/or consequential damages, lost profits, and/or damages resulting from lost data or business interruption resulting from the Use of and/or inability to Use the Site whether based on warranty, contract, tort, delict, or any other legal foundation, and whether or not the Company is advised of the possibility of such damages.
16. INDEMNIFICATION
16.1 You agree to indemnify and hold the Company, its directors, employees, officers and consultants, harmless from any and all claims, expenses, demands or damages, whether direct or indirect including reasonable attorney fees, or other loss arising out of Your Use of this Site.