Terms Of Use
 
 

Date updated: 20 March 2009


PLEASE READ CAREFULLY THESE USE TERMS AND CONDITIONS BEFORE USING THE HEALTHIZEN.COM WEB SITE ("Healthizen"). PRIVACY POLICY is AVAILABLE ON THE WEB SITE. YOU SHOULD READ ALL USE TERMS, CONDITIONS AND POLICIES AND AGREE TO ALL OF THESE TERMS AND CONDITIONS IN ORDER TO USE THIS WEB SITE. By using and/or visiting this HEALTHIZEN.COM WEB SITE (collectively, including all content and functionality available), you signify your agreement to “Terms of Use”. If you do not agree to any of these terms, please do not use the Web Site.

If you have immediate health issues, please call your Physician directly or in the event of a medical emergency, call your Doctor/Emergency Helpline immediately.

Terms & Conditions of Use

You understand that services provided from time to time by Healthizen on this Web Site are provided for your convenienceTHESE SERVICES ARE NOT MEDICAL ADVICE. THESE SERVICES ARE NOT INTENDED TO BE THE PROVISION OR PRACTICE OF MEDICAL, NURSING OR PROFESSIONAL HEALTH CARE ADVICE OR SERVICES IN ANY JURISDICTION. Healthizen attempts to be as accurate as possible. However, the information available on the Web Site is presented in summary form, and is provided for informational purposes and is not intended in any way to be a substitute for professional medical examination or assessment of a patient's condition. We recommend that you consult your physician in conjunction with creating your health records.

The Content

You should not use any Content for diagnosing or treating a medical or health condition. You should carefully read all information provided by the manufacturers of any products advertised or promoted on or through the Web Site and displayed on or in the associated product packaging and labels before purchasing and/or using such products. If you have or suspect that you have a medical problem, you should contact your professional healthcare provider through appropriate means. You agree that you will not under any circumstances disregard any professional medical advice or delay in seeking such advice in reliance on any Content provided on or through the Web Site. Reliance on any such Content is solely at your own risk.

General Terms and Conditions

Information, emails, contents and suggestions posted or submitted to Healthizen through this Web Site are governed by our Privacy Policy.

If you post or submit to this Web Site information, emails, content or suggestions ("Submitted Content"), you grant Healthizen and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use as per the terms of this Web Site. You represent and warrant that you own or otherwise control all of the rights to your Submitted Content; that your Submitted Content is accurate; that use of your Submitted Content does not violate these policies and will not cause injury to any person or entity; and that you will indemnify Healthizen and its affiliates and sublicensees for all losses, damages and claims directly or indirectly caused by, arising out of or relating to your Submitted Content. Healthizen has the right but not the obligation to monitor, edit and/or remove any Submitted Content. Healthizen takes no responsibility and assumes no liability for any Submitted Content from you or any third party.

Healthizen cannot be held responsible or otherwise take responsibility for the Submitted Content of any user-created pages. However, we reserve the right to remove any page from our servers which we determine is in violation of our rules and guidelines. Users are solely responsible for all files contained in their own directory, and can be held legally liable for the Contents of the same.

Healthizen cannot guarantee that the Web Site will be available at all times. DO NOT USE THE WEB SITE AS YOUR ONLY SOURCE FOR REMINDERS OR DETAILS ABOUT YOUR HEALTH. You understand that Healthizen cannot and does not guarantee or warrant that this Web Site and its contents, and any records created by you, will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties or that it will be available to you at any time.

You grant Healthizen and all other persons or entities involved in the operation of the Web Site the right to transmit, monitor, retrieve, store and use your information in connection with the operation of your records. You agree that you are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data and for maintaining a means external to the Web Site for the reconstruction of lost data.

You agree not to:

Circumvent, or attempt to circumvent, any security and/or payment mechanism implemented in connection with the services and/or Web Site;
"Stalk", intimidate, annoy, abuse or otherwise harass any person via the service and/or Web Site;
Transmit any chain letters, “spam” or junk e-mail to or through the service and/or Web Site;
Express or imply that any statements you make are endorsed by Healthizen;
Harvest or collect personal information about other members/users whether or not for commercial purposes;
Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the service and/or Web Site;
Post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights;
Remove any copyright, trademark or other proprietary rights or notices contained in the Web Site;
Post or transmit to or from this Web Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, other Material or objectionable information of any kind, including without limitation, any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law or regulation in the applicable jurisdiction;

You may not reproduce (except as noted above), publish, transmit, distribute, display, broadcast, re-broadcast, publicly perform, rent or lend, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, directly or indirectly, any of the products, the services or any related software. You may not reverse engineer, decompile, disassemble, modify or disable any copy protection or use limitation systems associated with the Healthizen’s Web Site.

Respect for the Community

We do not preview what people say on our community forums and blogs. But, if we find that you are using the forums in ways that do not support their original purpose, we will prevent you from entering the community forums. We have the right to decide whether any particular use of Healthizen by our visitors undermines the purpose of Healthizen.

We regard the items listed below as guidelines for behavior when using Healthizen.

You must agree to these guidelines

  • Respect the privacy and views of others
  • Do not use Healthizen to promote any specific goods or services;
  • Do not post obscene, defamatory, harmful, or knowingly false information; and
  • Do not use Healthizen for unlawful purposes.

Copyrights and Trademarks

The entire Content included in this Web Site, including but not limited to text, design, graphics, interfaces, or code and the selection and arrangements thereof is governed by the copyright laws of India, and is the property of Healthizen. All trademarks, service marks, and trade names (collectively the "Marks") are trademarks or registered trademarks of and are proprietary to Healthizen.

Pursuant to various provisions of the Indian Copyright Act, 1957 and the Indian Information and Technology Act, 2000 (the "Acts"), Healthizen reserves the right to terminate a person's use of this Web Site and any services or information provided at or through this Web Site, if Healthizen determines in its sole and absolute discretion that the person is engaged in any activity that may be infringing, including, without limitation, alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing or being illegal under the Acts.

Links

This Web Site contains hyperlinks to other Web sites controlled by parties other than Healthizen. Healthizen is not responsible for and does not endorse the contents or use of these Web sites.

Limitation of Liability

The Content comes from sources believed to be accurate, but may contain inaccuracies or typographical errors. Healthizen makes no representations about the results to be obtained from using the Healthizen Site or the Content. The use of the Healthizen Site and the Content is at your own risk.

You acknowledge that in connection with the Healthizen 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 Healthizen and its suppliers. Accordingly, Healthizen 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 Healthizen Site.

HEALTHIZEN DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

HEALTHIZEN DOES NOT REPRESENT OR WARRANT THAT (I) THE SITE OR PRODUCTS WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS, (II) THE SITE OR PRODUCTS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) ANY RESULTS OR CONTENT THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR PRODUCTS WILL BE ACCURATE, TIMELY, COMPLETE OR RELIABLE, AND (IV) ANY ERRORS IN ANY PRODUCTS WILL BE CORRECTED.

HEALTHIZEN DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOVER (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR NONINFRINGEMENT) WITH REGARD TO THE WEB SITE, OR ANY MERCHANDISE, INFORMATION OR SERVICE AVAILABLE THROUGH THE WEB SITE. HEALTHIZEN DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR CORRECTNESS, TIMELINESS, CURRENCY OR USEFULNESS OF ANY OPINIONS, ADVICE, SERVICES, MERCHANDISE OR OTHER INFORMATION PROVIDED THROUGH THE WEB SITE OR ON THE INTERNET GENERALLY.

Indemnification

You agree to defend, indemnify and hold Healthizen, as well as its officers, directors, employees, agents, licensors and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements (including, without limitation, reasonable legal and accounting fees) resulting from, or alleged to result from, your violation of these terms and conditions of use.

IN NO EVENT SHALL HEALTHIZEN BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN CONNECTION WITH THE WEB SITE OR THE CONTENT, OR IN RELIANCE ON THE INFORMATION AVAILABLE ON THE WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HEALTHIZEN IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEB SITE IS TO STOP USING THE WEB SITE.

Termination

Healthizen may end your use of the Web Site if we believe that you have violated the letter or spirit of this Agreement. We may also end your use of the Web Site if we believe you have violated the rights of Healthizen or any third party. We may end your use of the Web Site for any reason with or without notice to you. We may also change or remove Healthizen, with or without notice to you and without any penalty.

General Provisions

If any portion of these terms is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible and the remainder of the provisions shall remain in full force and effect.

Healthizen controls the Web Site from its offices in Mumbai, India. You agree that any legal action, proceeding or other matters relating to your access to or use of the Web Site shall be governed by Indian law. You may not use this Web Site in violation of any applicable laws and regulations in your jurisdiction. In the event of any legal action arising hereunder, you also agree to submit to the jurisdiction and venue of courts in Mumbai, India. Healthizen may revise these Terms of Use at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site.

 
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