Terms of Use

These Terms of Use govern the use of the website of Heath Indian [www.healthindian.com] (“Website”) and the content appearing on the website (“Content”). By using the Website including but not limited to accessing or visiting or browsing the Website, you (the user) indicate your acceptance to these Terms of Use and that you agree to abide by them. The Terms of Use constitute a legal agreement between you, as the user of the Website and us, the owner of the Website.  If you do not agree to these Terms of Use, please refrain from using this Website.

For purposes of this Agreement, the term “Content” includes, without limitation, information, data, text, logos, photographs, videos, audio clips, animations, written posts, articles, comments, software, scripts, graphics, themes and interactive features generated, provided or otherwise made accessible on or through the Website, including the User Content (as defined hereinafter).

The Terms of Use shall be considered as part of any agreement, the reference to which shall be made in that agreement and shall be read along with the terms and conditions of that agreement. In the event of conflict between the terms of such agreements and the Terms of Use, the terms of such agreements will prevail and govern so long as they relate to matters specifically referenced herein and this Terms of Use will apply with respect to all other matters.

  1. Information about us and the Website

The Website is owned and operated by Raytech Consultancy Services

89 A Chitrakoot Nagar,

80 Feet Road, Opp Marble Bhawan, Near Rockwoods School,

Bhuwana, Udaipur (Raj)

 

The Website is a media platform which enables users to read, create, submit, post, or display the Content on or through the Website (“User Content”).

  1. Access to the Website
  1. By accessing the Website, you agree to these Terms of Use set out at HealthIndian.com The access to certain sections of the Website is conditional upon our acceptance of you as a “contributor” of User Content to the Website. The Company will not be liable if for any reason our Website is not available to you at any period of time. Further, we have the right to restrict your access to the whole or part of the Website.
  2. All rights that are not expressly granted to you are reserved under these Terms of Use.
  1. Registration
  1. Our Website allows users to create and post content to the Website. Any Content which you have publicly posted or published on or through our Website shall be publicly available by default, and your profile information may appear on the Website as the creator thereof.
  2. If you wish to be a contributor of Content, the Website may require you to create a user account by voluntarily providing your information such as your name, email address etc. or by logging in to your account in another service (such as Facebook, Twitter and Google, as the Company may in its discretion determine). You may further voluntarily provide us with additional information such as your date of birth, gender, location, profile picture and friend list. Such personal information will only be used to operate, maintain, enhance and provide you with User Content.
  3. For the purpose of uploading, submitting, posting etc. of User Content, the Website requires you to login using your personal account. Where you log in through any third party service, you permit us to access personal and other information from your profile for use by us in accordance with these Terms of Use. Such personal and other information of the user shall not be used for any purpose other than as required by us to operate, maintain and enhance the Website and to provide you access to the User Content. In no event shall such information accessed by us under this clause 3 be shared or used in any manner other than as envisaged under these Terms of Use.
  1. User Content
  1. You hereby represent, warrant and covenant to the Company that all User Content submitted or posted by you shall be original content, developed solely by you through necessary research, review of facts and other bona fide means, and shall be of a high quality level in accordance with the best industry practices. Such Content must not infringe the rights of any third party, including any intellectual property rights, rights of publicity, rights of privacy, rights to payment of royalties and residuals; or result in any tort, injury, damage or harm to any third party.
  2. While you retain certain inherent rights to the User Content under applicable law, and the Company shall credit you for your contribution to the relevant User Content, by submitting or posting User Content, you grant us an irrevocable, royalty-free, license to use, display, copy, reproduce, process, modify, delete from, add to, prepare derivative works of, publish and distribute any such User Content and all intellectual property rights associated therewith, throughout the world in any media formats, without any obligation to make any payment to you or others or to give you credit for the same.
  3. Any User Content submitted or posted by you shall undergo a screening process. This process includes review and modifications to the User Content by our in-house editorial team. We may consult and communicate with you in respect of any such modifications required in the User Content submitted or posted by you.
  4. We may modify or adapt your User Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your User Content as are necessary to conform and adapt it to any requirements or limitations of any networks, devices, services or media.
  5. You further grant us the right to use your name under the license contained in this clause 4.1 in association with your User Content and the promotion and advertising thereof. You also waive any right to inspect or approve any final version of the User Content.
  6. Our objective is to constantly identify and seek new channels/avenues to increase our user/readership/audience. In furtherance thereto, from time to time we engage/partner with third party websites to share and republish the User Content. To this effect, you grant us the unconditional right to share the User Content with other third party websites.
  1. 5. Representations and Warranties of Users
  1. Your entering into these Terms of Use on your own behalf to abide by the Terms of Use or such other agreements that you may enter into while browsing through the Website. You agree to stop using the Website and inform us of any violation of law that may stop you from using our Website.
  2. You represent that all the information provided by you is and shall be true, correct and accurate and you shall inform us of any change/ amendment in such information from time to time.
  3. Notwithstanding the Company’s right to review any User Content submitted or posted by you from time to time, you shall not seek to host, display, upload, modify, publish, transmit, update or share any User Content that: (i) belongs to another person and to which you do not have any right to; (ii) is grossly harmful, harassing, libellous, invasive of another’s privacy, hateful or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, otherwise unlawful in any manner whatsoever; (iii) harms minors in any way; (iv) infringes any patent trademark, copyright or other proprietary rights; (v) violates any law for the time being in force; (vi) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; (vii) impersonates another person; (viii) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with friendly states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
  4. You will not misuse your right to the Website by introducing viruses, trojans, worms or other material likely to cause harm to the Website and shall indemnify and keep us indemnified in case any action is initiated against us due to any loss, injury, expenses or liability caused to any other user of the Website or any third party. You shall further not gain any unauthorised access to the Website or on any other source to our Website.
  5. You shall not: (i) take any action that imposes or may impose (as determined by us at our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Website (or other accounts, computer systems or networks connected to the Website); (iv) run any form of auto-responder or “spam” on the Website; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any part of the Website; (vi) harvest or scrape any Content from the Website; or (vi) otherwise take any action in violation of our guidelines and policies and shall keep us indemnified in case any loss, injury, expenses or liability caused to us.
  1. Our rights in relation to the Website
  1. We have the right to discontinue or change our Website at any time and shall not be liable for the same.
  2. We may delete your account or cancel access to the Website for any reason whatsoever, at any time at our discretion. We may also suspend or limit your access to the Website as and when may be considered necessary. For the aforesaid, we will make reasonable efforts to notify you and inform you of such an action and the reasons thereof, in any.
  3. We may disclose such confidential information as may be provided by you or such other details about yourself as may be necessary to satisfy any governmental department or authority under applicable law or to any third party in accordance with the terms of the Privacy Policy.
  4. With reference to Clauses 7.1, 7.2 and 7.3, you agree and understand that we shall not be liable for any claim based on any termination, suspension or any of the aforesaid actions taken by us in relation to your access to the Website.
  5. We reserve the right to, but do not have any obligation to, (i) remove, refuse to distribute, edit, modify or otherwise manipulate any Content at our sole discretion, at any time, without notice to you or for no reason at all, and (ii) to remove or block any Content from the Website.
  1. Intellectual Property Rights
  1. The Website may contain Content specifically provided by us, our partners or other users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Website.
  2. When you visit our Website, we give you a limited license to access and view Content for informational and personal use.
  3. You are not permitted to delete or change any copyright symbol, trademark or other proprietary details contained on the Website. You shall not use our information for any other purpose other than for the aforesaid. You agree that any use of the proprietary information displayed on the Website shall infringe our intellectual property rights for which you shall indemnify us.
  4. We have intellectual property rights in all Content displayed on the Website including graphics, logo, and software that is either owned or licensed to us other than any third party contents which are specifically identified as such. Any infringement of our intellectual property rights shall be governed by the applicable law in India.
  5. The license to access and use the Website does not include the right to copy or reproduce the information of our Website on any other platform or medium, without our prior written permission.
  6. Except where otherwise specified, any word, logo or device to which is attached the symbols ™ or ® shall be considered as a registered trademark that is either owned by us or which we have license to use. The right to use the Website does not give a license to use those trademarks in any way.
  1. Linked Parties /Partners/Partner Media Campaigns
  1. We are a socially responsible online media platform and this gives us the opportunity to partner with non-governmental organisations, corporate entities etc. to collaborate on specific online media campaigns (“Partner Media Campaigns”) for the purpose of awareness and promotion on various social and economic issues of the country.
  2. Such Partner Media Campaigns are developed, designed and created by us in partnership with our partners and associates from time to time.
  3. We do not endorse any views expressed on such Partner Media Campaigns. We are not responsible for any User Content posted on such Partner Media Campaigns. You understand that the inclusion of Partner Media Campaigns on the Website is not intended as an endorsement or recommendation of any Content.
  1. Disclaimers and Limitation of Liability
  1. You agree and understand that the use of the Website is at your own risk. The Website is being made available to you on an “as is” and “as available” basis without providing any warranties, guaranties or conditions as to the usage being free from any faults, defects, interruptions, errors, viruses or to the accuracy, reliability, availability of any Content. You agree and understand that we shall not be responsible for any interference or damage that may be caused to your computer resource which arises in connection with your access to our Website.
  2. You also agree and understand that the information displayed on the Website is for information purposes only and does not to amount to any advice.
  3. To the extent permitted by applicable law, we disclaim our liability against any loss, damage, expenses, liabilities, claim, injury caused due to the failure of performance, omission, defect, deletion, interruption, error, delay, virus, communication, unauthorised access, theft, destruction, alteration or use of records, whether due to breach of contract, negligence, tort or due to other cause of actions.
  4. Further, in no circumstances shall we be responsible for any loss of profits, goodwill, revenue, consequential, exemplary, punitive damages or any financial or indirect loss arising out of the use of the Website.
  5. We do not endorse any views expressed on the Website and are merely a platform for users to generate and display relevant Content. As such, we are not responsible for any User Content posted on the Website and do not endorse or subscribe to the views contained in any User Content.
  6. Notwithstanding anything in the Terms of Use, the total liability for damages actually incurred by you shall be limited to Rs. 25,000 (Rupees Twenty Five Thousand Only). The aforesaid applies to all liabilities in the aggregate, including but not limited to, liabilities arising out of use of the Website, any other subject matter arising out of or in relation to the use of the Website.
  1. Indemnity
  1. You hereby agree to indemnify and hold the Company, its affiliates and each of their respective officers, directors, employees, representatives and agents (each an “Indemnified Party”) from and against and in respect of all liabilities, losses, costs, charges, fees and expenses, including reasonable legal fees and expenses, incurred in connection with any claim, allegation, suit, action, investigation, judgment, inquiry, demand or other proceeding arising out of, or in connection with (i) your failure to comply with these Terms of Use, (ii) your failure to comply with any applicable law, (iii) any misstatement or breach of an obligation or covenant applicable to you under these Terms of Use or under any conditions on the Website accepted by you, or (iv) any allegation that User Content submitted or posted by you infringes in any manner any intellectual property rights or any other right of any third party, or contains any information that is defamatory, libelous, or that otherwise violates any law.
  1. Governing Law and Dispute Resolution
  1. Governing Law

The Terms of Use shall be governed by and construed in all respects in accordance with the laws of India and subject to the Clause 12.3 below, the courts of Delhi shall have exclusive jurisdiction.

  1. Informal Dispute Resolution

The Parties agree to attempt to resolve all disputes arising hereunder, promptly and in good faith and in this regard, each Party shall in writing to the other Party, designate a representative who shall be authorized to negotiate and resolve on its behalf any dispute arising under these Terms of Use.

If the designated representatives of each of the Parties are unable to resolve a dispute under the Terms of Use within 30 (thirty) days after notice of such dispute shall have been given by either of the Parties to the other, then either Party may require that such dispute be determined and resolved by arbitration.

  1. Arbitration
    Subject to Clause 12.2, any dispute or claim under the Terms of Use shall be referred to and finally and exclusively resolved by arbitration in accordance with the Arbitration and Conciliation Act, 1996 or any statutory modification or re-enactment thereof for the time being in force.  The arbitration shall be held at Delhi and all proceedings in any such arbitration shall be conducted in English. There shall be 3 (three) arbitrators (“Arbitrators”), all of whom shall be fluent in English. Within thirty 30 (thirty) Days of the reference of the dispute to arbitration, the Party raising the dispute and making the reference to arbitration shall appoint one Arbitrator and the other Party shall appoint the other Arbitrator. The third Arbitrator shall be appointed by the 2 (two) appointed Arbitrators. The arbitral award shall be final and binding upon the parties. The Parties shall equally bear the costs and expenses for the conduct of the arbitration proceedings however; each Party shall bear their own legal expenses.
  1. Amendments to the Terms of Use
  1. We reserve the right to amend the Terms of Use from time to time. Any amendment that is made will come into effect from the moment it is displayed on the Website. The updated version of the Terms of Use shall supersede any of the previous versions of the Terms of Use.
  2. We shall make reasonable efforts to notify users of such changes, however, it shall be your responsibility to be updated with the Terms of Use at all times.
  3. The continued use of the Website shall amount to your acceptance to the Terms of Use of the Website.
  1. Miscellaneous
  1. No partnership or agency

The Terms of Use shall not be construed so as to create a partnership or joint venture between you and us. Nothing in the Terms of Use shall be construed so as to constitute you and us as agents of one another.

  1. Specific Performance

Each one of us agrees that damages may not be an adequate remedy and that either of us shall be entitled to an injunction, restraining order, right for recovery, suit for specific performance or such other equitable relief as a court of competent jurisdiction may deem necessary or appropriate to restrain the other, from committing any violation or enforce the performance of the covenants, representations and obligations contained in the Terms of Use. These injunctive remedies are cumulative and are in addition to any other rights and remedies the Parties may have at law or in equity, including without limitation a right for damages.

  1. Severability
    Each and every obligation under the Terms of Use shall be treated as a separate obligation and shall be severally enforceable as such in the event of any obligation or obligations being or becoming unenforceable in whole or in part. Any invalid or unenforceable provision of the Terms of Use shall be replaced with a provision, which is valid and enforceable and most nearly reflects the original intent of the invalid and unenforceable provision.
  2. Non-Exclusive Remedies

The rights and remedies herein provided are cumulative and none is exclusive of any other, or of any rights or remedies that any of us may otherwise have at law or in equity.

  1. Execution
    The Terms of Use shall be deemed duly executed and shall become effective and binding upon you and us when you access the Website.
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