User Agreement
This Agreement is effective upon accessing this site for the first time and thus
accepting this User Agreement once makes it effective for each time of use. The
Website also provides for acceptance in registration for new registering users for
accessing certain sections of the Website. BioQuest may amend the User Agreement
at any time by posting the amended terms & conditions (T&C) on the Website.
All amended T&C's shall automatically become effective within 30 (thirty) days after
they are posted on the Website and any subsequent use of the Website shall be governed
by such amended terms. In addition, we will notify you in accordance with your Notification
Preferences. This Agreement may not be otherwise amended except in writing signed
by you and BioQuest. The User Agreement was last revised on 25th December 2007.
You are advised to regularly check for any amendments or updates to the terms and
conditions contained in this User Agreement. If any clause of the User Agreement
shall be deemed invalid, void or for any reason unenforceable, such clause shall
be deemed severable and shall not affect the validity and enforceability of the
remaining clauses of this User Agreement.
You must read, agree with and accept all of the T& C’s contained in this User Agreement
and Privacy Policy governing the Website, which include those terms and conditions
expressly set out below and those incorporated by reference, before you may become
a member of the Website. We strongly recommend that, as you read this User Agreement,
you also access and read the information contained in the other pages and websites
referred to in this document, as they may contain further terms and conditions that
apply to you as a user of the Website.
Please note: underlined words and phrases are links to these pages and websites.
By accepting this User Agreement, you also agree that your use of websites of our
subsidiaries and international affiliates will be governed by the User Agreement
and Privacy Policy posted on those websites.
1. Membership Eligibility
Use of the Website is available only to persons who can form legally binding contracts
under applicable law. Persons who are "incompetent to contract" within the meaning
of the Indian Contract Act, 1872 including minors, un-discharged insolvents and
others are not eligible to use the Website. If you are a minor i.e. under the age
of 18 years, you cannot register as a member of the Website. The Website or its
sponsors reserve the right to terminate your membership and refuse to provide you
with access to the Website if it is discovered that you are under the age of 18
years. The Website is not available to persons whose membership has been suspended
or terminated by the Owner of the Website or its sponsors.
2. Your Account and Registration
Obligations: If you use the Website, you are responsible for maintaining the confidentiality
of your account and password and for restricting access to your computer, and you
agree to accept responsibility for all activities that occur under your account
or Password. You agree to:
a. Provide true, accurate, current and complete information about yourself as prompted
by the Website’s registration form (such information being the "Registration Data")
b. Maintain and promptly update the Registration Data to keep it true, accurate,
current and complete. If you provide any information that is untrue, inaccurate,
not current or incomplete or the Website or its sponsors have reasonable grounds
to suspect that such information is untrue, inaccurate, not current or incomplete,
or not in accordance with the User Agreement, the Website Owner has the right to
indefinitely suspend or terminate your membership and refuse to provide you with
access to the Website.
3. Electronic Communications
When you visit the Website or send emails to us, you are communicating with us electronically.
You consent to receive communications from us electronically. We will communicate
with you by email or by posting notices on the Website. You agree that all agreements,
notices, disclosures and other communications that we provide to you electronically
satisfy any legal requirement that such communications be in writing.
4. Fees and Services.
Membership on the Website is free. The Owner or its sponsors do not charge any fee
for browsing on the Website.
5. Use of the Website
You agree, undertake and confirm that your use of the Website shall be strictly
governed by the following binding principles
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- Your Information" is defined as any information you provide to us or other users
of the Site ("Users") in the registration, bidding, buying or listing process, in
the feedback area or through any e-mail feature. You are solely responsible for
Your Information, and we act as a passive conduit for your online distribution and
publication of Your Information.
- Your Information (or any items listed):
- Shall not be false, inaccurate or misleading;
- Shall not be fraudulent or involve the sale of counterfeit or stolen items;
- Shall not infringe any third party's intellectual property, trade secret or other
proprietary rights or rights of publicity or privacy;
- Shall not, directly or indirectly, offer, attempt to offer, trade or attempt to
trade in any item, the dealing of which is prohibited or restricted in any manner
under the provisions of any applicable law, rule, regulation or guideline for the
time being in force. Without prejudice to the generality of the above, the Website
or its sponsors do not permit transactions.
- Shall not be threatening, libellous, defamatory, obscene, scandalous, inflammatory,
pornographic, indecent or profane or that could constitute or encourage a violation
of any law
- Shall not be obscene or contain pornography or contain an "indecent representation
of women" within the meaning of the Indecent Representation of Women (Prohibition)
Act, 1986;
- Shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter
eggs or other computer programming routines that may damage, detrimentally interfere
with, surreptitiously intercept or expropriate any system data or personal information;
- Shall not create liability for us or cause us to lose (in whole or in part) the
services of our ISPs or other suppliers; and
- Shall not link directly or indirectly to or include descriptions of items, goods
or services that: are prohibited under the User Agreement or any other applicable
law for the time being in force including but not limited to the Drugs and Cosmetics
Act, 1940, the Drugs And Magic Remedies (Objectionable Advertisements) Act, 1954,
the Indian Penal Code, 1860 ; are identical to other items you have up for auction
but are priced lower than your item's price, the reserve price of the item or minimum
bid amount; are concurrently listed for sale on a website other than the Website;
or you do not have a right to link to or include.
- Solely to enable the Website to use the information you supply us with, so that
we are not violating any rights you might have in Your Information, you agree to
grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable
(through multiple tiers) right to exercise the copyright, publicity, and database
rights (but no other rights) you have in Your Information, in any media now known
or not currently known, with respect to Your Information. The Website will only
use Your Information in accordance with the User Agreement and the Website’s Privacy
Policy.
- d. In the event that any transaction or attempted transaction relating to any item,
good or service which violates this User Agreement or applicable law comes to your
knowledge, you shall take all steps to inform the Website of the same. In the following
items:"Securities" within the meaning of the Securities Contract Regulation Act,
1956, including shares, bonds, debentures, etc. and/or any other financial instruments/assets
of any description. Living, dead creatures and/or the whole or any part of any animal
which has been kept or preserved by any means whether artificial or natural including
rugs, skins, specimens of animals, antlers, horns, hair, feathers, nails, teeth,
musk, eggs, nests, other animal products of any description the sale and purchase
of which is prevented or restricted in any manner by applicable laws (including
those prohibited under The Wildlife Protection Act, 1972).Weapons of any description.
Drugs, psychotropic substances, narcotics, intoxicants of any description, medicines,
palliative/curative substances. Religious terms, including books, artefacts, etc.
of any description or any other such item which is likely to affect the religious
sentiments of any person. "Antiquities" and "Art Treasures" in violation of the
provisions of the Antiquities and Art Treasures Act, 1972 ("the Act").
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Privacy
We do not sell or rent your personal information to third parties for their marketing
purposes without your explicit consent and we only use your information as described
in the Privacy Policy. We view protection of users' privacy as a very important
community principle. We understand clearly that you and Your Information is one
of our most important assets. We store and process Your Information on computers
located in India that are protected by physical as well as technological security
devices. We use third parties to verify and certify our privacy principles. Our
current Privacy Policy is available at
Privacy If you object to your Information being transferred or used in this
way please do not use the Site.
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6. Ownership
Any material you send to the Webite will be deemed non-confidential and non-proprietary.
This includes any data, questions, comments, suggestions, ideas or other information,
material or property. We (or our designees) are entitled to use any or all of it
for any purpose, WITHOUT COMPENSATION TO YOU, including for reproduction, disclosure,
transmission, publication, broadcast and posting.
We (BioQuest or our associated or affiliated companies or third parties who have
licensed its brands to Company or contributed to this Site) ("Content Owner")
own or license from third parties all Site Content. All Site Content remains the
sole property of the applicable Content Owner and is protected under all relevant
Copyright, Trademark and other applicable laws. Nothing on the Website should be
construed as granting any license or rights to use or distribute any Site Content,
without our express written agreement or of the other applicable Content Owner.
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7. Sponsors
Due to the requirements of funds in developing, managing and marketing the Website,
BioQuest reserves the right to approach advertisers and sponsors for the Website.
Presently the primary sponsor of the Website is GlaxoSmithKline Consumer Healthcare
Limited (hereinafter referred to as “GSKCH”). The Website reserves the rights to
display advertisements for its Sponsors, their products and/or services, as well
as create and manage applications that carry forward messages speak on behalf of
the sponsors, its products, services or affiliates. The inclusion or exclusion of
a sponsor’s product/services does not mean that the Website endorses the product
or any statement or claims mentioned within the communication. Your usage of the
advertisements, or the products advertised is entirely your responsibility.
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7. Breach
Without limiting other remedies, the Website or its sponsors may limit your activity,
immediately end your listing, warn other Users of your actions, immediately temporarily/indefinitely
suspend or terminate your membership, and/or refuse to provide you with access to
the Website:
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a. If you breach the User Agreement or the documents it incorporates by reference;
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b. If the Site is unable to verify or authenticate any information you provide;
or
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c. If it is believed that your actions may cause legal liability for you, other
Users or the Website or its sponsors. The Website or its sponsors may at any time
at its sole discretion reinstate suspended Users. A User that has been indefinitely
suspended may not register or attempt to register with the Website or use the Website
in any manner whatsoever until such time that such User is reinstated by the Website.
Notwithstanding the foregoing, if you breach the User Agreement or the documents
it incorporates by reference, the Website reserves the right to recover any amounts
due and owing by you to the Website and to take strict legal action including but
not limited to a referral to the Cyber Crime Division / initiating criminal proceedings
against you.
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8. No Warranty
The sponsors and its provide the Site and services "as is" and without any Warranty
or condition, express, implied or statutory and specifically disclaim any implied
Warranties of title, merchantability, fitness for a particular purpose and non-infringement.
You expressly agree that your use of the Site is at your sole risk.
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9. Limitation of Liability
In no event shall the Website, its sponsors or agents be liable for any direct,
indirect, incidental, special, incidental, consequential or exemplary damages, including
but not limited to, damages for loss of profits, goodwill, use, data or other intangible
losses arising out of or in connection with the Website, its services or this agreement
(however arising, including negligence). BioQuest, its primary sponsors, its associates
and technology partners make no representations or Warranties about the accuracy,
reliability, completeness, correctness and/or timeliness of any content, information,
software, text, graphics, links or communications provided on or through the use
of the Website or that the operation of the Website will be error free and/or uninterrupted.
Consequently, the Website or its sponsors assumes no liability whatsoever for any
monetary or other damage suffered by you on account of:
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i. The delay, failure, interruption, or corruption of any data or other information
transmitted in connection with use of the website;
and/or
ii. Any interruption or errors in the operation of the Website. You expressly
understand and agree that BioQuest, its primary sponsors, its associates and technology
partners shall not be liable
for any direct, indirect, incidental, special, consequential
or exemplary damages, including but not limited to, damages for
loss of profits, goodwill, use, data or other intangible losses
(even if GSKCH has been advised of the possibility of such damages).
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10. Indemnity
You agree to indemnify and hold us and (as applicable) our parent company, subsidiaries,
primary sponsors, affiliates, officers, directors, agents, and employees, harmless
from any claim or demand, including reasonable attorneys' fees, made by any third
party due to or arising out of your breach of the User Agreement or the documents
it incorporates by reference, or your violation of any law or the rights of a third
party.
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11. Waiver
We try to make the Website and its contents reliable, but inaccuracies may occur.
Therefore, regardless of anything else on the Website or in these Terms:
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- USE OF THE WEBSITE IS AT YOUR OWN RISK
- THE WEBSITE IS PROVIDED TO YOU "AS IS"; AND
- TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR RELATED PARTIES:
DISCLAIM ALL WARRANTIES REGARDING THE , AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR
ANY DAMAGES DUE TO:
- STATEMENTS, ERRORS OR OMISSIONS IN THE WEBSITE;
- VIRUSES THAT MAY BE TRANSMITTED TO YOUR COMPUTER;
- LINKING TO ANY OTHER SITE OR ITS NATURE OR CONTENTS; OR
- ANY OTHER MATTER REGARDING THIS SITE AND YOUR USE OF IT
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12. Relationshipand Notice
None of the provisions of the User Agreement shall be deemed to constitute a partnership
or agency between you and the Website or its sponsors and you shall have no authority
to bind the Website or its sponsors in any manner whatsoever. Except as explicitly
stated otherwise, any notices shall be given by postal mail to the Website or its
sponsors or to the email address you provide to us during the registration process
(in your case). Notice shall be deemed to be given 24 hours after email is sent,
unless the sending party is notified that the email address is invalid. Alternatively,
we may give you notice by certified mail, shipping prepaid and return receipt requested,
to the address provided to us during the registration process. In such case, notice
shall be deemed given 3 days after the date of mailing.
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13. Dispute Resolution & Jurisdiction
If any dispute arises between you and the Website owner or its primay sponsors during
your use of the Website or thereafter, in connection with the validity, interpretation,
implementation or alleged breach of any provision of the User Agreement, the dispute
shall be referred to by the due process of law. The courts in Gurgaon, Haryana shall
have exclusive jurisdiction to address the issues arising out of this User Agreement.
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14. Governing Law
The User Agreement shall be governed and construed in accordance with the laws of
India.
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15. Baby Photo Contest
This contest may only be entered in or from India and entries originating from any
other jurisdiction are not eligible for entry. This Contest is governed exclusively
by the laws of India. You are not eligible to participate in the Contest if you
are not located within India.
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1. How to Enter. To enter the “Baby Photo Contest” (“Contest”), take one
(1) digital photograph (maximum 3MB) (“Photo") of your baby, fully complete an entry
form ("Entry"), located at www.indianwomenshealth.com ("the Site"), attach/upload
the Photo in jpeg format, and click the "submit" button. The Photo should depict
your child and additional personal information as required should be provided. The
Photo must be your original photograph and not a professional photograph. All entry
information and Photo shall be collectively referred to herein as the "Entry." The
Photo may also include other members of entrant’s immediate family (e.g., children,
spouse, siblings) but no other persons. IWH reserves the right, in its sole and
absolute discretion, to disqualify any Entry that does not comply with these Official
Rules, or contains third party content, or is inappropriate for any reason, including
without limitation, for depicting or mentioning sex, violence, drugs, alcohol and/or
inappropriate language. All state and/or local rules and regulations apply.
By entering, each entrant warrants and represents the following with respect to entrant’s Entry:
- entrant is authorized to grant IWH and/ or BioQuest the right and permission to use the Photo, including permission from any immediate family members included therein;
- entrant is the sole and exclusive owner of the Entry, including the Photo;
- the Photo is 100% original and entrant owns all rights in and to the Photo, including copyright;
- the Photo will not infringe on or conflict with the rights of any third parties; and
- any persons appearing in the Photo have given entrant appropriate written consent to be photographed and used as permitted herein (which shall be provided to BioQuest upon request thereof).
- By entering, all entrants acknowledge and agree that their respective Entries will be posted on www.indianwomenshealth.com and grant their permission to have the Photo posted on the Site.
All entrants must have a valid email address. No automated entry devices and/or programs permitted. If selected, the winners may be featured on any advertising and promotional materials, based on BioQuest’s sole and absolute discretion. All entries, including Photos, become the sole and exclusive property of the site and BioQuest and receipt of entries will not be acknowledged or returned. BioQuest is not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible, misdirected, technically corrupted or garbled entries, which will be disqualified, or for problems of any kind whether mechanical, human or electronic. Only fully completed entry forms are eligible. Proof of submission will not be deemed to be proof of receipt by BioQuest. By entering the Contest, entrants fully and unconditionally agree to be bound by these rules and the decisions of the judges, which will be final and binding in all matters relating to the Contest.
One entry per valid email address is allowed. Multiple photos may be submitted and for entries of more than one eligible child, the entry process must be completed separately for each child. No group entries or automated entries are allowed or would be accepted.
2. Contest Start/End Dates.The Contest begins at 12:00 am IST on September 12th 2011 and ends at 11:59:59 pm IST on November 6th 2011 (“Contest Period”).
3. Eligibility. Participation open only to legal adult residents of India. Employees, officers and directors of BioQuest Solutions Pvt Ltd, its sponsors, subsidiaries, affiliates, partners, advertising and promotion agencies, manufacturers or distributors of Contest materials and their immediate families (parents, children, siblings, spouse) or members of the same household (whether related or not) of such employees/officers/directors are not eligible to enter.
4. Entry Submissions. These would be subject to approvals based on specified criteria to ensure that only baby photos are submitted without any reference depicting or mentioning sex, violence, drugs, alcohol and/or inappropriate language. Only approved entries would be eligible for the contest. Notifications would be attempted to be sent to all participants for approvals or rejections. Participants are advised to check the site for their entry listings
(a) Weekly Voting: Post approval of an entry it would be listed on the site and members will have the opportunity to vote for that Entry. The top ten Photos that receive the highest number of votes during the weekly Voting Period will be eligible for a draw to select the weekly Winner. Votes counted and applicable would be only those received during the contest period. Existing votes of existing photos would be eligible. Votes received in previous weeks would not be eligible in subsequent weeks. The use of robotic or automatic devices for voting is prohibited and BioQuest reserves the right to nullify any and all such votes and to disqualify from voting the responsible individual.
(b) Grand Prize. At the sole discretion of the editors panel
(c) Best Caption prize. At the sole discretion of the editors panel
5. Prizes. One (1) Weekly Winner per week for eight (8) weeks throughout Contest Period. Each weekly contest winner would receive a Digital camera. No substitutions accepted or entertained
Grand Prize winner would receive an Apple iPad (16GB)
Best caption Winner would receive One Baby book.
Prizes are non-transferable. No substitutions or cash redemptions. In the case of unavailability of any prize, BioQuest reserves the right to substitute a prize of equal or greater value, in BioQuest’s sole discretion. Taxes and unspecified expenses are the responsibility of winners.
Based on locations winners may have to pay for delivery charges of the prizes.
IWH or BioQuest would not be responsible for an breakages or damages during delivery.
6. Notification. Each potential winner will be notified by email on or about three (3) days after the conclusion of the weekly or Grand Prize Voting in which their Entry has been selected. Winners may be required to sign and return, where legal, an Affidavit or Declaration of Eligibility, Liability/Publicity Release and/or rights transfer document or other confirmatory documentation, as determined by BioQuest, in its sole discretion, within five (5) days of prize notification. Additionally, the parent or legal guardian of Winner may be required to sign a publicity release on behalf of the child depicted in the winning Photo (if any). Additionally, Winners may be required to obtain releases from any and all third parties appearing in their respective Entries. If any Winner cannot be contacted within two (2) days of first notification attempt, if any prize or prize notification is returned as undeliverable, if any Winner rejects his/her prize or in the event of noncompliance with these Contest rules and requirements, such prize will be forfeited and may be awarded to the Entry with the next highest score. Upon prize forfeiture, no compensation will be given.
7. Conditions. BioQuest shall not be liable or responsible in the event winning Entry is not used for any reason. Entry (including Photo) may be cut, edited, reformatted, rearranged, combined with other materials and/or otherwise modified, in BioQuest's sole and absolute discretion. Any and all state and local taxes are the sole responsibility of the winners. Participation in Contest and acceptance of prize constitutes each entrant's and winner's permission for BioQuest to use his/her name, address (city and state), likeness, photograph, picture, portrait, voice, biographical information, Entry (including Photo), and/or any statements made by each winner regarding the Contest or BioQuest for advertising and promotional purposes without notice or additional compensation, except where prohibited by law. In addition, by entering, all entrants agree to the use of their respective Photo on the Site, without further compensation or permission. By participating, entrants, all winners agree to release and hold harmless indianwomenshealth and BioQuest, and its advertising and promotion agencies and their respective parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors, from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever including without limitation, property damage, personal injury and/or death which may occur in connection with, preparation for, travel to, or participation in Contest, or possession, acceptance and/or use or misuse of prize or participation in any Contest-related activity and for any claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement or any other intellectual property-related cause of action. Entrants who do not comply with these Official Rules, or attempt to interfere with this Contest in any way shall be disqualified.
8. Additional Terms. Any attempted form of entry other than as set forth in Section 1 above is prohibited; no automatic, programmed; robotic or similar means of entry are permitted. BioQuest, its affiliates, partners and promotion and advertising agencies are not responsible for technical, hardware, software, telephone or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, web site, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit one's ability to enter the Contest, including any injury or damage to participant's or any other person's computer relating to or resulting from participating in this Contest or downloading any materials in this Contest. BioQuest reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend this Contest should (in its sole discretion) virus, bugs, non-authorized human intervention, fraud, technical issues, or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Contest. In such case, BioQuest may select the winners from all eligible entries received prior to and/or after (if appropriate) the action taken by BioQuest. BioQuest reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the Contest or web site. BioQuest may prohibit an entrant from participating in the Contest or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or BioQuest representatives.
CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, BIOQUEST RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
9. Use of Data. BioQuest will be collecting personal data about entrants online, in accordance with its privacy policy. Please review the privacy policy at http://www.indianwomenshealth.com/privacy.aspx. By participating in the Contest, entrants hereby agree to BioQuest's collection and usage of their personal information and acknowledge that they have read and accepted Indianwomenshealth's privacy policy.
10. List of Winners. Will be announced and listed on the contest section of the site
11. Sponsor. BioQuest Solutions Pvt Limited.(“BioQuest”) No.5/1, Old Race Course Road, Austin Town,
Bangalore – 560047. India
12. Others.
- By subscribing to or using any of our services you agree that you have read, understood and are bound by the terms and conditions set out herein, regardless of how you subscribed to or use the services.
- Without limiting the above, we may ask you to accept any or all of the terms when you first subscribe to or use a service.
- If you do not want to be bound by the terms, you must not subscribe to or use our services.
- No participation or other fee is required to be paid for participating in the Contest.
- The Participant agrees to provide Indianwomenshealth.com current, complete and accurate information.
- You agree that you are legally capable to enter the contest and agree to the terms and that you are competent (i.e. You are of sufficient age and mental capacity) and eligible to enter into legally binding agreement or your parents have consented to your entry of the contest and use of these rules.
- The winner must claim his/ her prize within 10 days of the announcement by indianwomenshealth.com through email and/or on indianwomenshealth.com. In case the prize is unclaimed by the winner within the stipulated period, then indianwomenshealth.com reserves its right to transfer the prize to the next winner chosen in the same contest. The first winner automatically surrenders his/ her right to the prize and shall not make any claim whatsoever thereafter.
- Winner themselves shall be responsible for any incidental, additional expenses required to be incurred to avail of the prize. The winner will be required to provide certified proof of identity and residence, if any.
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