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KUSUM HEALTHCARE PVT. LTD. WEBSITE USER AGREEMENT |
Please read the
following terms and conditions carefully prior to using this Site. We
herewith draw your attention to the fact that
KUSUM HEALTHCARE PVT. LTD. (the “KHC PVT. LTD.”) may at any time and
without notice revise or terminate these Terms and Conditions for any
reason, and such changes shall be deemed effective immediately upon
posting of the modified Terms and Conditions. Your continued use of this
website following the posting of changes to same will indicate your
acceptance to those changes.
1. Terms and Conditions
The accessing, browsing and use of this
website (the “Site”) is subject to the following terms, conditions and
applicable laws. While browsing the website, please be aware that your
access to and use of the various information, documents and services
(the “Materials”) offered by KHC PVT. LTD. and the same are subject to
the terms and conditions set forth in this document (the “Terms and
Conditions”). Your access to and browsing of this Site constitutes your
agreement without limitation to all such terms, conditions and
applicable laws. In the event you do not agree to these terms,
conditions and applicable laws, you may not use this Site.
2.
Copyright, Trade Mark and Proprietary Rights
This
website is owned and operated by KHC PVT. LTD. The Materials displayed
on this website are protected under the intellectual property laws,
unless expressly stated otherwise. Therefore, a single copy of the
Materials may be downloaded or otherwise copied from this website for
non-commercial personal use only, provided however, that all copyright
and other proprietary notices are kept intact. Any further copying,
reproduction, publication, posting, transmission or distribution of any
part including images, text, graphics, video etc. of this website, for
public and commercial purpose, is explicitly prohibited. Except as
provided herein, no license or right, express or implied, is granted to
any person under any intellectual property right. Modification of the
Materials or use of the Materials for any other purpose is a violation
of KHC PVT. LTD. copyright and other proprietary rights. However, KHC
PVT. LTD. neither warrants nor represents that your use of Materials
will not infringe the rights of third parties not owned by or affiliated
with KHC PVT. LTD.
3. Use of
Images
Images of people or places displayed on the website are either the
property of, or used with permission by, KHC PVT. LTD. The use of these
images by you, or anyone else authorized by you, is prohibited unless
specifically permitted by these Terms and Conditions or specific
permission provided elsewhere on the website. Any unauthorized use of
the images may violate copyright laws, trademark laws, the laws of
privacy and publicity, and communications regulations and statutes.
4.
Accuracy of Information
KHC PVT.
LTD. makes no warranties or representations regarding the accuracy of
the Materials. KHC PVT. LTD. shall not be responsible for any errors or
omissions in the Materials.
5. Linking
and Links to Third Party Sites
This
website may contain hyperlinks or other connection devices, which will
allow you to use this website and access other websites. KHC PVT. LTD.
is not responsible and assumes no responsibility for the contents of any
non- KHC PVT. LTD. linked Internet website, or for any potential damage
arising out of or in connection with the use of any such link. The
Internet websites to which links are provided in this website are not
under the control of KHC PVT. LTD. Access to any other Internet websites
linked to the website is at the user's own risk.
In
addition, the existence of a link between this website and any other
Internet website is not and shall not be understood to be an endorsement
by KHC PVT. LTD. of any material, substance, information or the owner or
proprietor of the linked Internet website, and such link shall not imply
nor create any relationship or endorsement between KHC PVT. LTD. and the
owner or proprietor of such linked website. You acknowledge that KHC
PVT. LTD. does not endorse nor review any Third-Party Sites. Links do
not imply that KHC PVT. LTD. sponsors, is affiliated or associated with,
or has been legally authorized to use any trademark, trade name, service
mark, design, logo, symbol or other copyrighted materials displayed on
or accessible through such Third-Party Sites. KHC PVT. LTD. has no
responsibility or liability of any kind for these linked Third-Party
Sites.
6.
No
Confidential Treatment of User Submissions
Unless
subject to the clause entitled “Privacy Policy” hereinafter, any
communication and material you transmit to this Site by electronic mail
or otherwise, including, but not limited to, any data, comments,
questions, suggestions or the like will be treated as non-confidential
and non-proprietary. KHC PVT. LTD. has the right to use anything you
transmit or post for any purpose, including, but not limited to,
transmission, publication, disclosure, reproduction and posting.
Moreover, KHC PVT. LTD. is free to use any information, concepts, ideas,
know-how or the like contained in any material or communication you send
to the Site for any purpose whatsoever, such as developing,
manufacturing, promoting and marketing KHC PVT. LTD. products using such
information and you herewith waive all your rights in relation to such
transmitted communications and materials.
7. Privacy
Policy
KHC PVT.
LTD. uses its best efforts to respect the privacy of their on-line
visitors. KHC PVT. LTD. only gathers personally identifiable data, such
as names, addresses, e-mail addresses, etc. when voluntarily submitted
by the user. This information is used solely by KHC PVT. LTD.,
subsidiaries, affiliates or other entities that are involved in the
operation of this website for internal purposes and is not sold or
transferred to third parties. Only users who request e-mail notification
will receive same. KHC PVT. LTD. reserves the right to update this
policy at any time.
8.
Limitation of Liability and Disclaimer of
Warranties
EVERY
USER WHO VISITS THIS WEBSITE DOES SO AT HIS OR HER OWN RISK. NEITHER KHC
PVT. LTD. NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR
DELIVERING THE WEBSITE IS LIABLE FOR ANY DIRECT, INCIDENTAL,
CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS
TO, OR USE OF, THE WEBSITE. WITHOUT LIMITING THE FOREGOING, THE
MATERIALS IN THIS WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF
ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY.
Neither
KHC Pvt. Ltd.,
nor any other party involved in the creation, production or delivery of
this website or whose materials or information appear in this website,
will be liable for any damages or injury caused by, including but not
limited to, any failure of performance, error, omission, interruption,
defect, delay in operation of transmission, computer virus, line
failure, technical inaccuracies, typographical errors or the inability
to use the Materials, even if there is negligence on
KHC PVT. LTD.
part or an authorized KHC PVT. LTD.
representative has been advised of the possibility of such damages, or
both. The above limitation or exclusion may not apply to you to the
extent that applicable law may not allow the limitation or exclusion of
liability for incidental or consequential damages.
9.
Indemnification
You
agree to indemnify, defend and hold
KHC PVT. LTD.,
its officers, directors, shareholders, employees and agents from and
against all losses, damages, and costs, including attorneys' fees,
resulting from your improper use of any Materials, or any violation of
these Terms and Conditions by you including, without limitation,
copyright and trademark infringement, obscene or indecent postings, and
on-line defamation. You will be required to completely and fully
indemnify KHC PVT. LTD.
for its losses.
10. Technical
Inaccuracies, Typographical Errors and Changes
This Site may contain technical
inaccuracies and typographical errors. KHC PVT. LTD. reserves the right
to alter, correct and/or improve any information contained on this Site
as well as any products described on the Site at any time without
notice.
11. Applicable Law and
Venue
Your use of this Site shall be governed
in all respects by the laws of India without regard to choice of law
provisions. You agree that disputes and legal proceedings directly or
indirectly arising out of or relating to this Site shall be submitted to
the exclusive jurisdiction of the competent courts of the Delhi, India.
12.
DISCLAIMER
This
website contains information pertaining to various Products, their
general characteristics, composition, pharmacological and other
properties, health conditions and available treatments. This information
should not be used as medical advice, for prescription or diagnosis.
Please consult with your physician or other or qualified medical or
health professional regarding any disease treatment. KHC PVT. LTD.
assumes no responsibility for any treatment undertaken based upon the
Materials provided on this website.
This web-site is not and should not
constitute an offer for sale in territories where it is not permitted by
patent and other law.
All
information and material in this site are provided on an "as is" basis,
and are without guarantees or warranties of any kind, express or
implied. Furthermore, any ideas and/or information provided or gained
from this site would not necessarily reflect the views of KHC PVT. LTD.
or its directors or employees.
The
materials and/or information available or obtained at/through this site
is/are not guaranteed or warranted in terms of completeness,
correctness, accuracy, reliability or otherwise howsoever by KHC PVT.
LTD. or its directors or employees.
Under no
circumstances, including but not limited to negligence, shall KHC PVT.
LTD. or its directors or employees be liable for any special or
consequential damages that are alleged to have resulted from the use
and/or inability to use this site or information contained within, even
if KHC PVT. LTD. and/or its employees or directors have been notified of
the possibilities of potential damages or losses.
In no
case shall KHC PVT. LTD. or its directors or employees be liable to any
person or entity for any damages or losses resulting either directly or
indirectly from accessing this site. The information provided herein and
any communications subsequently entertained or responded to are/shall be
gratis and are/shall be outside the purview of any consumer protection
law. Any recipient or user of any information or material in this site
may use/rely upon the information or material entirely at his/its own
risk.
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