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Terms and Conditions |
User Agreement
These are the terms and conditions governing your use of the website http://www.indianwomenshealth.com (hereinafter referred to as "the Site") and the general principles for the websites of our subsidiaries and international affiliates and constitutes your binding obligations towards the sponsors GSK Consumer Healthcare Ltd. (hereinafter referred to as GSKCH) or its agents, subsidiaries or servants.
User Agreement This Agreement is effective upon accessing this site for the first time. The site also provides for acceptance in registration for new registering users for accessing certain sections of the Site. GSKCH may amend the User Agreement at any time by posting the amended terms on the Site. All amended terms shall automatically become effective thirty days after they are posted on the Site and any subsequent use of the Site 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 a writing signed by you and GSKCH. 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 the User Agreement.
You must read, agree with and accept all of the terms and conditions contained in this User Agreement and Privacy Policy governing the Site, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a member of the Site. 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 Site.
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 Site 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 etc. are not eligible to use the Site. If you are a minor i.e. under the age of 18 years, you cannot register as a member of the Site The Site of its sponsors reserve the right to terminate your membership and refuse to provide you with access to the Site if it is discovered that you are under the age of 18 years. The Site is not available to persons whose membership has been suspended or terminated by the Site or its sponsors.
2. Your Account and Registration
Obligations If you use the Site, 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 Site’s registration form (such information being the "Registration Data")
b. You must not include any of your contact details such as email addresses etc in your username
c. 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 Site 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 Site has the right to indefinitely suspend or terminate your membership and refuse to provide you with access to the Site.
3. Electronic Communications
When you visit the Site 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 Site. 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 Site is free. The Site (or its sponsors) does not charge any fee for browsing on the Site.
5. Use of the Site
You agree, undertake and confirm that your use of the Site shall be strictly governed by the following binding principles:
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a. "Your Information" is defined as any information you provideto 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.
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b.Your Information (or any items listed):
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Shall not be false, inaccurate or misleading;
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Shall not be fraudulent or involve the sale of counterfeit or stolen items;
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Shall not infringe any third party's intellectual property, trade secret or other proprietary rights or rights of publicity or privacy;
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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 Site or its sponsors do not permit transactions 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 items, including books, artifacts, 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 ArtTreasures Act, 1972 ("the Act").
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Shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
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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;
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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;
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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
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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 web site other than the Site; or
you do not have a right to link to or include.
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c. Solely to enable the Site 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 Site will only use Your Information in accordance with the User Agreement and the Site’s Privacy Policy.
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d. You represent and confirm that you shall be the sole and exclusive legal owner of all items, goods or products of any description that you wish to offer for sale on the Site. You shall have complete right, title and authority to deal in and offer for sale such items, goods or products.
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e. In the event that any transaction or attempted transaction relating to any item, good or service which is violative of this User Agreement or applicable law comes to your knowledge, you shall take all steps to inform the Site of the same.
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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.
6. Breach
Without limiting other remedies,the Site 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 Site:
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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 Site or its sponsors.The Site 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 Site or use the Site in any manner whatsoever until such time that such User is reinstated by the Site. Notwithstanding the foregoing, if you breach the User Agreement or the documents it incorporates by reference, the Site reserves the right to recover any amounts due and owing by you to the Site 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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7. 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.
8. Limitation of Liability
In no event shall the Site, 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 Site, its services or this agreement (however arising, including negligence).GSKCH, its associates and technology partners make no representations or Warranties about the accuracy, reliability, completeness, correntness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the useof the Site or that the operation of the Site will be error free and/or uninterrupted. Consequently, the Site or its sponsors assumes no liability whatsoever for any monetary or other damage suffered by you on account of:
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The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site; and/or
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Any interruption or errors in the operation of the Site. You expressly understand and agree that GSKCH 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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9. Indemnity
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, 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.
10. Relationshipand Notice
None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between you and the Site or its sponsors and you shall have no authority to bind the Site or its sponsors in any manner whatsoever. Except as explicitly stated otherwise, any notices shall be given by postal mail to the Siteor its sponsors or to the email address you provide to us during the registration process (in your case). Notice shall be deemed 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.
11. Arbitration
If any dispute arises between you and the Site or its sponsors during your use of the Site 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 a sole Arbitrator who shall be an independent and neutral third party identified by the Site or its sponsors. The place of arbitration shall be New Delhi. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.
12. Governing Law
The User Agreement shall be governed and construed in accordance with the laws of India. |
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