HealthOrchid.com provides complimentary internet-based
communication and information services to the consumer. HealthOrchid.com maintains
this website to enhance access to information about health-related issues, and
about HealthOrchid.com. This service is continually under development. While
we try to keep the information as current and accurate as possible, we make
no warranty of any kind, implied or express, as to its accuracy, completeness
or appropriateness for any purpose. We will make an effort to correct errors
brought to our attention.
By using this site, you signify your agreement to these terms and conditions
of use. You must agree to these terms and conditions in order to use the HealthOrchid.com
website. HealthOrchid.com may revise and update these terms and conditions anytime.
Review the terms and conditions periodically. These are posted at the HealthOrchid.com
website because your continued usage of the HealthOrchid.com website (HealthOrchid.com
Site, or the Site,) will mean that you accept the revisions.
Section 1. General Disclaimer on Medical Advice
The content on the HealthOrchid.com site is presented in a summary form, is
general in nature, and is provided for informational purposes only. The content
is not intended in any way to be a substitute for professional medical advice.
Always seek the advice of your physician or any other qualified health practitioner
for any questions that you may have regarding a medical condition. Neither the
content nor any other service offered by or through HealthOrchid.com or the
HealthOrchid.com Site is intended to be a relief for medical diagnosis or treatment.
Never disregard medical advice or delay in seeking it because of something you
has read on the HealthOrchid.com Site.
HealthOrchid.com does not recommend or endorse any specific test, products,
or procedures that may be mentioned on the Site. Any opinions expressed on the
Site are the opinions of the authors. HealthOrchid.com does not assure any liability
for the contents of any material provided on the Site. Reliance on any information
provided by HealthOrchid.com, its health experts, or other visitors to the Site
is solely at your own risk. HealthOrchid.com assumes no liability or responsibility
for damage or injury to persons or property arising from any use of any product,
information, idea, or instruction contained in the materials provided to you.
HealthOrchid.com reserves the right to change or discontinue, at any time, any
aspect or feature of this Site.
Understand further that the Internet contains unedited materials, some of which
are sexually explicit and may be offensive to you. You access this material
at your own risk. HealthOrchid.com, its licensors and its suppliers have no
control over, and accept no responsibility whatsoever for such materials.
Section 2. HealthOrchid.com's Position on your privacy
HealthOrchid.com recognises the premium you place on privacy protection on the
Internet. Our employees share the same concerns. Working together, we strive
to protect your privacy, including the non-identifying information you share
in the personal profile that you must complete in order to become a participating
member ("Member") within the Interactive Areas of this Site. HealthOrchid.com
does not collect personally identifiable information about Members or other
HealthOrchid.com users (Users) except when such individuals specifically provide
such information on a voluntary basis. A Member's or User's access to and use
of the HealthOrchid.com Site or services constitutes information voluntarily
given by the Member or User. |
Use of Registration Information: Personally identifiable information of individual
Members and Users will not be sold or otherwise transferred to unaffiliated
third parties without the Member's or User's prior consent. HealthOrchid.com
stores the Internet Protocol (IP) address of your computer when you visit out
site.
This information is only used to create broad demographic summaries of where
our Members and Users come from. However, HealthOrchid.com may use registration
information and other voluntarily submitted information in the following ways:
* To provide our editors with information that is useful in developing new features
and services for HealthOrchid.com Members and Users.
* To provide advertisers with aggregate, never individual, information about
our Member base and User usage patterns; and
* To allow us to potentially vary advertising based on Member and User preference.
HealthOrchid.com reserves the right to perform statistical analyses and profiling
of Member and User behaviour and characteristics in order to measure interest
in and use of the various areas of the site and to inform advertisers of such
information. HealthOrchid.com may sometimes permit third parties to offer subscription
and/or registration-based services through HealthOrchid.com. In this event,
HealthOrchid.com is not responsible for any actions or policies of such third
parties and Members and Users should check the applicable privacy policy of
such party before providing personally identifiable information. Voluntary Disclosure
of Personally Identifiable Information on Bulletin Boards, Chat Rooms, and other
Interactive Area (collectively referred to as "Interactive Areas"). Subscribers
and Users should be aware that when they voluntarily disclose personally identifiable
information (for example, user name, e-mail address) on the bulletin boards
or chat areas of HealthOrchid.com, that information, along with any substantive
information disclosed in the Subscriber's or User's communication, can be collected
and correlated and used by third parties and may result in unsolicited messages
from third parties. Such activities are beyond the control of HealthOrchid.com
and we take no responsibility for the results of the same.
Cookie Technology: HealthOrchid.com may employ cookie technology to allow Subscribers
and Users to move more quickly through our site. Cookies are small text files
a website can use to recognise repeat users and facilitate the user's on going
access to and use of the site. Generally, cookies work by assigning a unique
number to the user that has no meaning outside the assigning site. They do not
come onto a user's system nor do they pose a threat to a user's files. Subscribers
and Users should be aware that HealthOrchid.com couldn't control the use of
cookies by advertisers or third parties hosting data for HealthOrchid.com. However,
if a Subscriber or User does not want information collected through the use
of cookies, there is a simple procedure in most browsers that allows the user
to deny or accept the cookie feature. Please note that cookies may be necessary
to provide the Subscriber or User with certain features (for example, customised
delivery of information) available on HealthOrchid.com.
Encryption Technology: HealthOrchid.com uses Secure Socket Layer (SSL) encryption
technology to ensure the integrity and privacy of the information you pass to
us via the Internet. However, to take advantage of this, you must use utilise
a browser - specify type of encryption support required.
Section 3. Use of Content; Copyright
All programs, services, processes, designs, software, technologies, trademark,
trade names, inventions and materials comprising HealthOrchid.com, and all services
offered by Experts or others on HealthOrchid.com are wholly owned by HealthOrchid.com.
The copyright to HealthOrchid.com as well as the intellectual property contained
thereon vests wholly and completely in HealthOrchid.com. Upon acceptance of
these Terms and Conditions, HealthOrchid.com authorises you to view or download
a single copy of the material on this website solely for your personal, non-commercial
use.
The contents of the HealthOrchid.com Site, such as text, graphics, images and
other material including software licensed by HealthOrchid.com to permit Users
to access the HealthOrchid.com Site (Content), are protected by copyright under
both Indian and foreign laws, and title to the Content shall not pass to you
or any other User, Unauthorised use of the Content may violate copyright, trademark,
and other laws.
None of the Content may be reverse-engineered, disassembled, decompiled, reproduced,
transcribed, stored in a retrieval system, translated into any language or computer
language, re-transmitted in any form or by any means (electronic, mechanical,
photoreproduction, recordation or otherwise), resold or redistributed without
the prior written consent of HealthOrchid.com.
For information obtained from HealthOrchid.com's licensors, you are solely responsible
for compliance with any copyright, trademark and other proprietary rights and
restrictions and are referred to the publication data appearing in bibliographic
citations, as well as to the copyright notices appearing in the original publications.
You may not sell or modify the Content or reproduce, display, publicly perform,
distribute or otherwise use the Content in any way for any public or commercial
purpose. The use of the Content on any other website or in a networked computer
environment for any purpose is prohibited. Content is subject to change without
notice at the editorial discretion of HealthOrchid.com. If you violate any of
these Terms and Conditions, your permission to use the Content automatically
terminates and you must immediately destroy any copies you have made of any
portion of the Content.
Section 4. Company's Liability; Disclaimer of Consequential Damages
The Content comes from sources believed to be accurate, but may contain inaccuracies
or typographical errors. HealthOrchid.com makes no representations about the
results to be obtained from using the HealthOrchid.com Site or the Content.
The use of the HealthOrchid.com Site and the Content is at your own risk.
You acknowledge that in connection with the HealthOrchid.com Site, information
will be transmitted over local Exchange Interexchange and Internet Backbone
Carrier Lines and through routers switches and other devices owned, maintained
and serviced by third party local exchange and long distant carriers, utilities,
internet service providers and others, all of which are beyond the control and
jurisdiction of HealthOrchid.com and its suppliers. Accordingly, HealthOrchid.com
assumes no liability for or relating to the delay, failure, interruption or
corruption of any data or other information transmitted in connection with use
of the HealthOrchid.com Site.
The HealthOrchid.com Site and the content are provided on an "As Is " basis
without any warranties of a kind. HealthOrchid.com, its licensors, and its suppliers,
to the fullest extent permitted by law, Disclaim all warranties, either express
or implied, statutory or otherwise, including but not limited to the implied
warranties of merchantability, non-infringement of their parties' rights, and
fitness for particular purpose. HealthOrchid.com, its licensors, and its suppliers
make no representations or warranties about the accuracy, reliability, completeness,
correctness or timeliness of the content, software, text, graphics, links or
communications provided on or through the use of the HealthOrchid.com Site or
HealthOrchid.com. HealthOrchid.com, ITS LICENSORS, AND ITS SUPPLIERS DO NOT
MAKE ANY WARRANTY THAT THE content contained on the HealthOrchid.com Site satisfied
government regulation requiring disclosure of information on prescription drug
products.
Section 5. User submissions
Except as described herein, any communication which you post on the HealthOrchid.com
Site, is considered to be non-confidential. You agree that you will not upload
or transmit any communications that infringe any patent, trademark, trade secret,
copyright or other proprietary rights of any party. By submitting communications
to any part of this Site, you automatically grant - or warrant that the owner
of such Content has expressly granted - HealthOrchid.com a royalty-free, perpetual,
irrevocable, world-wide nonexclusive license to use, reproduce, create derivative
works from, modify, publish, edit, translate, distribute, perform and display
the communication alone or as part of other works in any form, media, or technology
whether now known or hereafter developed, and to sublicense such rights through
multiple tiers of sublicenses.
You represent and warrant that you are at least 18 years of age and that you
possess the legal right and ability to enter into this Agreement and to use
HealthOrchid.com in accordance with this Agreement. You agree to be financially
responsible for your use of HealthOrchid.com (as well as for use of your account
by others, including minors living with you) and to comply with your responsibilities
and obligations as stated in this Agreement. It is possible the number you use
to connect to HealthOrchid.com may be a long distance telephone number and may
result in long distance charges billed to you by a third party. You agree to
pay any charges you incur by using a long distance telephone number to connect
to HealthOrchid.com, including those that may be billed to you by a third party.
You must pay all taxes due as a result of your use of HealthOrchid.com, including
taxes on your purchase of goods and services from Merchants including VAT, sales
and other applicable taxes.
You must promptly notify HealthOrchid.com of changes to: (a) your account or
membership number; (b) your address. You must also promptly notify HealthOrchid.com
if you become aware of a potential breach of security, such as the unauthorised
disclosure or use of your Member identification, user name or password.
You acknowledge that no joint venture, partnership, employment, or agency relationship
exists between you and HealthOrchid.com, as a result of your use of HealthOrchid.com
or your HealthOrchid.com membership. You agree not to hold yourself out as a
representative, agent or employee of HealthOrchid.com, and that HealthOrchid.com
will not be liable by reason of any representation, act or omission to act by
you.
Section 6. Use of Interactive Areas
HealthOrchid.com may provide Interactive Areas on the HealthOrchid.com Site.
If you use an Interactive Area, you are solely responsible for your own communications
and the consequences of posting those communications. HealthOrchid.com does
not assume any responsibility for the consequences of any Interactive Area communications
on arising from use of the HealthOrchid.com Site cases where you feel threatened
or believe someone else is in danger, you should contact your local law enforcement
agency immediately. In consideration of being allowed to use the Interactive
Areas, you agree that the following actions shall constitute a material breach
of these
Terms and Conditions.
1. Use of an Interactive Area for any purpose in violation of local, state,
national, or international laws;
2. Post material that infringes on the intellectual property rights of others
or on the privacy or publicity rights of others; |
3. Post material that is unlawful, obscene, defamatory, threatening, harassing,
abusive, hateful, or embarrassing to another Member or any other person or entity
as determined by HealthOrchid.com at its sole discretion pursuant to this Section
12;
4. Post advertisements or solicitations of business;
5. After receiving a warning, continue to disrupt the normal flow of dialogue,
or post comments that are not related to the topic being discussed (unless it
is clear the discussion is free form);
6. Post chain letters or pyramid schemes;
7. Impersonate another person;
8. Allow any other person or entity to use your identification to post or view
comments.
9. Post the same note more than once (The online word for posting many times
on one topic is "spamming". Spamming is strictly prohibited); or
10. Engage in any other conduct that restricts or inhibits any other person
from using or enjoying the Interactive
Areas, or which, in the judgement of HealthOrchid.com, exposes HealthOrchid.com
or any of its customers or suppliers to any liability or detriment of any type.
HealthOrchid.com reserves the right to record the dialogue in public chat rooms.
HealthOrchid.com does not screen communications in advance and is not responsible
for screening or monitoring material posted by Members or any other person or
entity. If notified by a Member of communications(s) which are alleged not to
conform to the terms of this Section, HealthOrchid.com may investigate the allegation
and determine in its sole discretion to remove or request the removal of the
communication(s). HealthOrchid.com reserves the right to remove communications
which are abusive, illegal, disruptive, or other otherwise fail to conform with
these Terms and Conditions. In addition to the removal rights described above,
HealthOrchid.com reserves the right to terminate a Member's access to any or
all Interactive Area upon Member's breach of these Terms and Conditions. HealthOrchid.com
reserves the right (but is not obligated) to edit or delete any communication(s)
posted on the HealthOrchid.com Site, regardless of whether such communication(s)
violate these standards for content.
Furthermore, HealthOrchid.com reserves the right (but is not obligated to monitor,
edit, or disclose any type of posting on the Interactive Areas for adherence
to the Terms and Conditions, if require the course of normal operation and maintenance
of HealthOrchid.com required to do so by law or in the good faith belief that
such is necessary to: (i) comply with the law or comply with legal process served;
(ii) protect and defend the rights of HealthOrchid.com others; or (iii) act
in an emergency to protect the personal safety of our guests or the public.
HealthOrchid.com has no liability or responsibility to subscribers or any other
person or entity for performance or non-performance of the aforementioned. You
are further responsible for your communications via, and your use of HealthOrchid.com.
You may not, under any circumstances, do any of the following: (a) use simultaneous,
unattended or continuous connections to HealthOrchid.com with one account; (b)
publicise, post, distribute or disseminate defamatory, infringing, obscene or
other unlawful material or information via HealthOrchid.com; (c) use HealthOrchid.com
to threaten, harass, stalk, abuse or otherwise violate the legal rights (including
rights of privacy and publicity) of others; (d) intercept or attempt to intercept
e-mail or other private communications not intended for you; (e) send e-mail
to members or other internet users for any purpose other than personal communication,
including to unsolicitedly advertise or offer to sell goods or services to other
Members, use as a mass distribution medium to communicate a generally unsolicited
message, or use your e-mail account in the text of these messages as an address
of where members or other internet users need to respond (except as otherwise
expressly permitted by HealthOrchid.com); (f) send unsolicited e-mail messages
through third-party mail servers in order to relay your e-mail or hide the origination
of this e-mail to others; (g) upload files that contain software or other material
protected by intellectual property laws, rights of privacy or publicity, or
any other applicable law unless you own or control the rights thereto or have
received all necessary consents; (h) upload files that contain a virus or corrupted
data; (i) delete any author attributions, legal notices or proprietary designations
or labels in a file that you upload to a BBS; (j) falsify the source or origin
of software or other material contained in a file that you upload to a BBS;
(k) use HealthOrchid.com in a manner that adversely affects the availability
of its resources to other Members; (l) use, download or otherwise copy, or provide
(whether or not for a fee) to a person or entity that is not a HealthOrchid.com
member, the Member directory or any portion thereof other than for personal,
non-commercial purposes (except as otherwise expressly permitted by HealthOrchid.com);
(m) download files that contain software or other material protected by intellectual
property laws, rights of privacy or publicity, or any other applicable law unless
you own or control the rights thereto or have received all necessary consents;
(n) falsely purport to be a HealthOrchid.com employee or agent; (o) cause repeated
disruptive incidents; (p) act, or fail to act, in your use of HealthOrchid.com,
in a manner that is contrary to applicable law or regulation. In addition, each
time you upload a file on HealthOrchid.com you represent and warrant that your
own or otherwise control the rights or have the necessary consents to do so,
and you grant every other Member the right to download and use such file for
personal use. Your failure to observe any of the foregoing limitations or obligations
may result in civil or criminal liability, as well as termination of your membership.
Section 7 - Links to Other Sites
The HealthOrchid.com Site contains links to third party web-sites. These links
are provided solely as a convenience to you and not as an endorsement by HealthOrchid.com
of the content on such third-party web-sites. HealthOrchid.com is not responsible
for the content of linked third-party sites and does not make any representations
regarding the content or accuracy of materials on such third-party web-sites.
If you decide to access linked third-party web-sites, you do so at your own
risk. Your use of third-party web-sites is subject to the Terms and Conditions
of use of such sites.
Section 8 - Advertisements
The HealthOrchid.com Site contains advertisements by third parties, and these
advertisements may contain links to other web-sites. Unless otherwise specifically
stated HealthOrchid.com does not endorse any product or make any representation
regarding the content or accuracy of any materials contained in, or linked to,
any advertisement on the HealthOrchid.com Site.
Section 9 - Indemnity
You agree to defend, indemnify and hold HealthOrchid.com, its officers, directors,
employees, agents, licensors and suppliers, harmless from and against any claim,
actions or demands, liabilities and settlements including without limitation,
reasonable legal and accounting fees, resulting from, or alleged to result from,
your use of the Content (including Software), or the Interactive Areas in a
manner that violates or is alleged to violate these Terms and Conditions, HealthOrchid.com
shall provide notice to you promptly of any such claim, suit, or proceeding
and shall reasonably cooperate with you, at your expense, in your defence of
any such claim, suit or proceeding.
Section 10 - Jurisdiction
You expressly agree that exclusive jurisdiction for any dispute with HealthOrchid.com,
or in any way relating to your membership or HealthOrchid.com, resides in the
courts of the State of Tamil Nadu and you further agree and expressly consent
to the exercise of person jurisdiction in the courts of the State of Tamil Nadu
in connection any such dispute including any claim involving HealthOrchid.com
or it affiliates, subsidiaries, employees, contractors, officers, direct telecommunication
providers and content providers.
You also expressly agree that notice given to HealthOrchid.com will be by conventional
mail. Notices to HealthOrchid.com by conventional mail must be sent to HealthOrchid.com,
c/o Orchid Healthcare, 2nd Floor, 34, Cathedral Road, Chennai, India 600086.
In any matter requiring HealthOrchid.com's prior consent, such consent will
be considered given only if sent by conventional mail and signed by an authorised
representative of HealthOrchid.com.
Section 11 - General
You acknowledge that no joint venture, partnership, employment, or agency relationship
exists between you and HealthOrchid.com, as a result of your use of HealthOrchid.com
or your HealthOrchid.com membership. You agree not to hold yourself out as a
representative, agent or employee of HealthOrchid.com, and that HealthOrchid.com
will not be liable by reason of any representation, act or omission to act by
you. HealthOrchid.com's performance under this Agreement is subject at all times
to existing laws and legal process and nothing contained in this Agreement is
in derogation of HealthOrchid.com's right to comply with law enforcement requests
or requirements relating to a Member's use of HealthOrchid.com or information
provided to or gathered by HealthOrchid.com with respect to such use.
This Agreement constitutes the entire agreement between HealthOrchid.com and
you with respect to your use of HealthOrchid.com and your HealthOrchid.com membership,
and it supersedes all prior or contemporaneous communications and proposals,
whether oral or written, between HealthOrchid.com and you with respect thereto.
It is at the express wish of the parties that this agreement and all related
documents have been drawn up in English.