1. Description of Services
In the Site, Smarthealth provides users with access to its tools and services besides general but contextual information related with Smarthealth's line(s) of business. You are responsible for obtaining access to the Site and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Site. By making use of this site, and furnishing your personal / contact details, you hereby agree that you are interested in availing and purchasing the Service(s) that you have selected. You hereby agree that Smarthealth may contact you either electronically or through phone, to understand your interest in the selected products and Service(s) (like renewals, reminders etc.) and to fulfil your demand. You also agree that Smarthealth reserves the right to make your details available to its affiliates and partners and you may be contacted by the affiliates and partners for information and for sales through email, telephone and/or sms. You agree to receive promotional materials and/or special offers from Smarthealth through email or sms.
2. License and Site Access
Smarthealth grants you a limited license to access and make personal use of the Site and the Service. This license does not include any downloading or copying of any kind of information for the benefit of another individual, vendor or any other third party; caching, unauthorized hypertext links to the Site and the framing of any Content available through the Site uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in marthealth's sole discretion) an unreasonable or disproportionately large load on Smarthealth's infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by Smarthealth to prevent or restrict access to the Site. Any unauthorized use by you shall terminate the permission or license granted to you by Smarthealth.
By using the Site you agree not to:
- Use this Site or its contents for any commercial purpose;
- Make any speculative, false, or fraudulent transaction or any transaction in anticipation of demand;
- Access, monitor or copy any content or information of this Site using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
- Violate the restrictions in any robot exclusion headers on this Site or bypass or circumvent other measures employed to prevent or limit access to this Site;
- Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
- Deep-link to any portion of this Site (including, without limitation, the purchase path for any service) for any purpose without our express written permission; or
- "frame", "mirror" or otherwise incorporate any part of this Site into any other website without our prior written authorization.
Smarthealth's specific services and tools are not available or accessible to persons or entities to whom Smarthealth has not granted any license. Besides referring to these terms to some extent Smarthealth's licence terms contain specific policies to check unauthorised use.
4. Your Account
5. Submitted Content
Smarthealth does not claim ownership of any materials you make available through the Site. At Smarthealth sole discretion, such materials may be included in the Service in whole or in part or in a modified form. With respect to such materials you submit or make available for inclusion on the Site, you grant Smarthealth a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials (as well as use the name that you submit in connection with such submitted content). You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant the license specified herein. We take no responsibility and assume no liability for any submitted content posted or submitted by you. We have no obligation to post your comments; we reserve the right in our absolute discretion to determine which comments are published on the Site. If you do not agree to these terms and conditions, please do not provide us with any submitted content. You agree that you are fully responsible for the content you submit.
You are prohibited from posting or transmitting to or from this
- any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law;
- any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and
- any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Site.
6. Disclaimer of Liability and Warranty
The Content, Products, and Services Published on this site may include inaccuracies or errors, Including Pricing errors. We do not guarantee the accuracy of, and disclaim all liability for any errors or other inaccuracies relating to the information and description of the content, products, and services we expressly reserves the right to correct any pricing errors on the site and/or on pending reservations made under an incorrect price. Smarthealth makes no representation about the suitability of the information, Software, products, and services contained on this site for any purpose, and the inclusion or offering of any products or services on this site does not constitute any endorsement or recommendation of such products or services. All such information, software, products, and services are provided "AS IS" without warranty of any kind. Smarthealth disclaims all warranties and conditions that this site, its services or any email sent from Smarthealth, its affiliates, and/or their respective or associated service providers are free of viruses or other harmful components. Smarthealth hereby disclaims all warranties and conditions with regard to this information, software, products, and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and no infringement. The service providers providing services on this site are independent affiliates and Smarthealth are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such service providers or for any personal injuries, death, property damage, or other damages or expenses resulting therefore. Smarthealth and its affiliates have no liability and will make no refund in the event of any delay, cancellation, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expense omissions delays or acts of any government or authority. In no event shall Smarthealth and/or its affiliates be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, or in any way connected with, your access to, display of or use of this site or with the delay or inability to access, display or use this site (including, but not limited to, your reliance upon opinions appearing on this site; any computer viruses, information, software, linked sites, products, and services obtained through this site; or otherwise arising out of the access to, display of or use of this site) whether based on a theory of negligence, contract, tort, strict liability, or otherwise, and even if Smarthealth and/or its affiliates their respective service providers have been advised of the possibility of such damages.
7. Disclaimer of Online Availability, Impressions, and Click-Throughs
In addition to the other disclaimers and limitations discussed in this notice, there are no guarantees and no warranties regarding online availability, impressions, and click-through of Smarthealth website, its web pages, and any material, information, links, or content presented on its web pages. Smarthealth, its web pages, and any material, information, links, or content presented on the web pages at Smarthealth, may be unavailable for online access at anytime. Advertising sponsors and advertising, if any and if permitted, must be approved by Smarthealth before the posting of any advertising material, information, links, content, banners, and graphics on this site. Smarthealth reserves the right to accept or to reject any advertising sponsor or any advertising for any reason.
8. License Disclaimer
Nothing on this website shall be construed as conferring any license under any of Smarthealth’s or any third party's intellectual property rights, whether by estoppel, implication, or otherwise unless except in cases wherein Smarthealth has entered into a specific contract or license for consideration.
9. Local Laws
Smarthealth controls and operates this Website from its headquarters at ______________, India and makes no representation that the materials on the website are appropriate or available for use in other locations. If you use this Website from other locations, you are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries. Unless otherwise explicitly stated, all marketing or promotional materials found on this Website are solely directed to individuals, companies or other entities located in India and comply with the laws prevailing for the time being in force in India. Disputes if any shall be subject to the exclusive jurisdiction of Courts at New Delhi.
10. Limitation of Liability
You expressly understand and agree that Smarthealth and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you 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 Smarthealth has been advised of the possibility of such damages), resulting from use of the site, content or any related services. If, despite the limitation above, Smarthealth or its Affiliates are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the liability of Smarthealth and/or Its Affiliates will in no event exceed, in the aggregate, the greater of (a) the service fees you paid to Smarthealth in connection with such transaction(s) on this Site, or (b) Rupees One Hundred only (INR 100) The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of Smarthealth, Its affiliates, and/or their respective service providers.
You agree to indemnify and hold Smarthealth (and its officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, including reasonable attorneys' fees, or arising out of or related to your breach of this ToU, your violation of any law or the rights of a third party, or your use of the Site.
12. Electronic Communication
When you use the Site or send emails to Smarthealth, you are communicating with Smarthealth electronically. You consent to receive communications from Smarthealth electronically. Smarthealth may communicate with you by email or by posting notices on the Site or by phone or usually available means of communication. 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.
13. Site-Provided Email and Postings
The Site may provide users with the ability to send email messages to other users and non-users and to post messages on the Site. Smarthealth is under no obligation to review any messages, information or content ("Postings") posted on the Site by users and assumes no responsibility or liability relating to any such Postings. Notwithstanding the above, Smarthealth may from time to time monitor the Postings on the Site and may decline to accept and/or remove any email or Postings. You understand and agree that you shall not to use any functionality provided by the Site to post content or initiate communications that contain:
- Any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law;
- Advertisements or solicitations of any kind;
- Impersonate others or provide any kind of false information; (iv) Personal information such as messages which state phone numbers, account numbers, addresses, or employer references.;
- Messages by non-spokesperson employees of Smarthealth purporting to speak on behalf of Smarthealth or containing confidential information or expressing opinions concerning Smarthealth;
- Messages that offer unauthorized downloads of any copyrighted or private information;
- Multiple messages placed within individual folders by the same user restating the same point;
- Chain letters of any kind; or (ix) Identical (or substantially similar) messages to multiple recipients advertising any product or service, expressing a political or other similar message, or any other type of unsolicited commercial message.
This prohibition includes but is not limited to
- Using Smarthealth to send messages to people who don't know you or who are unlikely to recognize you as a known contact;
- Using Smarthealth to connect to people who don't know you and then sending unsolicited
promotional messages to those direct connections without their permission; and
- Sending messages to distribution lists, newsgroup aliases, or group aliases.
The Site or third parties may provide links to other World Wide Web sites or resources. Because Smarthealth has no control over such sites and resources, you acknowledge and agree that Smarthealth is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Smarthealth shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
15. Access to Password Protected/Secure Areas
Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
16. Modification and Notification of Changes
The trademarks, logos and service marks ("Marks") displayed on the Site are the property of Smarthealth or any of its affiliate company(ies) in which it vests such rights. Users are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of Smarthealth or such third party which may own the Marks. All information and content including any software programs available on or through the Site ("Content") is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes.
18. Survival of Terms After Agreement Ends
Notwithstanding any other provisions of this ToU, or any general legal principles to the contrary, any provision of this ToU that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this ToU.
If any of these conditions are deemed invalid, void, or for any reason unenforceable, the parties agree that the court/adjudicator should endeavor to give effect to the parties' intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. Headings are for reference purposes only and do not limit the scope or extent of such section. This ToU and the relationship between you and Smarthealth will be governed by the laws of the India without regard to its conflict of law provisions. You and Smarthealth agree to submit to the personal jurisdiction of the courts located in New Delhi jurisdiction with respect to any legal proceedings that may arise in connection with this ToU. The failure of Smarthealth to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Smarthealth does not guarantee it will take action against all breaches of this ToU. Except as otherwise expressly provided in this ToU, there shall be no third-party beneficiaries to this ToU. This ToU constitutes the entire agreement between you and Smarthealth and governs your use of the Site, superseding any prior agreements between you and Smarthealth with respect to the Site.