TERMS AND CONDITIONS FOR CANCERBRO
1. the Indian Contract Act, 1872;
2. the (Indian) Information Technology Act, 2000; and
3. the rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”).
IF YOU DO NOT AGREE TO THE AGREEMENT IN ITS ENTIRETY, YOU ARE NOT AUTHORIZED TO ACCESS, DOWNLOAD AND/OR USE, AS APPLICABLE, THE CANCERBRO SERVICES IN ANY MANNER OR FORM.
Scope & Applicability:
The Agreement applies to you whether you are –
1. A Patient (“you” or “User”), or his/her representative(s) wishing to register/already registered on the Site.
2. Otherwise a user of the Site (“you” or “User”).
This Agreement applies to those services made available by Cancerbro on the Site, which are offered to the Users (“Services”), including the following:
1. Video Content
2. Blog Content
3. Cancer Information Related Articles
4. Stories of Hope
The Services may change from time to time, at the sole discretion of Cancerbro, and the Agreement will apply to your visit to and your use of the Site to avail the Service, as well as to all information provided by you on the Site at any given point in time.
We may amend the Agreement from time to time in our sole discretion, without specific notice to you; provided, any amendment or modification to the “Dispute Resolution Provisions” shall not apply to any disputes incurred prior to the applicable amendment or modification; and
The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the Cancerbro Services.
No Medical Advice:
The content (which includes any text, graphics, images, videos or other material contained, accessed or entered on the Site by you or a health care provider (“Content”) is for educational/informational purposes only and is not a substitute for medical advice, diagnosis or treatment provided by a qualified health care provider. Any communication between you and health care providers on the Site (including any responses by health care providers to questions posted on the Site or through any feature available on the Site) is for general informational purposes only and does not create nor is it intended to create a physician-patient relationship as defined by law. Your reliance on any information (including any links to third party Sites containing any information about health care providers) or Content provided on the Site, whether or not it is provided by a health care provider, is solely at your own risk. You should always seek the advice of your health care provider for any questions you may have about your own medical condition.
No Endorsement of Doctors/Health Centers/Hospitals:
Cancerbro is not a doctor referral service. Cancerbro does not select, approve, or otherwise endorse any particular doctor, health center, hospital, or provider of health services; nor does Cancerbro make any representation about the quality of health services or the qualifications of any doctor, health center, hospital, or provider of health services. Any and all such recommendations are from third parties and are inherently subjective in nature, could be inaccurate or incomplete, and are difficult or impossible to verify. Therefore, Cancerbro expressly disclaims any representation or warranty that such recommendations or other User Content are correct or reliable. UNDER NO CIRCUMSTANCE SHALL CANCERBRO HAVE ANY LIABILITY TO YOU FOR ANY RELIANCE ON INFORMATION CONTAINED ON OR OBTAINED THROUGH THIS SITE. SUCH RELIANCE SHALL BE SOLELY AT YOUR OWN RISK.
By offering this Site for use, Cancerbro provides you with a worldwide, nonexclusive, nontransferable, revocable, limited license to access and make personal use of the information and services on this Site, strictly subject to and in accordance with this Agreement. Cancerbro reserves the right to terminate this license at any time and for any reason. Your failure to comply with this Agreement will result in automatic termination of this license, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession or control. Except for the limited license set forth in this Agreement, Cancerbro does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights or other proprietary or intellectual property rights.
By using this Site, you agree that:
1. You must be eighteen years or older. In the case of minor Consumers (under eighteen (18) years), a parent or guardian must accept this Agreement.
2. you shall not use, intentionally or unintentionally, any of the Content, information or services on this Site in a manner contrary to or in violation of any applicable international, national or local law, rule or regulation having the force of law, including privacy;
3. you shall not use this Site in any manner that could harm, infect, take over, disable, overburden or otherwise impair any of our computer systems, including, the servers, networks and other components connected to or used for this Site;
4. you shall not interfere with any other party’s use and enjoyment of this Site or any of the Content, information or services provided on this Site;
5. you shall not forge headers or otherwise manipulate identifiers in order to disguise or alter the origin of any Content transmitted through the services or develop restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page);
6. you shall not upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
7. you shall not upload, post or otherwise transmit 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;
8. you shall not attempt to gain unauthorized access to any services, accounts, computer systems or networks connected to any server used for this Site, through password mining, hacking or any other means;
9. you shall not seek to gain access to any materials or information through any means not intentionally made available by us;
10. you shall not reproduce, duplicate, copy, download, sell, resell or otherwise exploit this Site, or any portion hereof, for commercial purposes without Cancerbro’s prior written consent;
11. you shall not use any framing techniques to enclose any portion of this Site (including, but not limited to, images, text, page layout and form) without Cancerbro’s prior written consent;
12. you shall not make any use of the trademarks, service marks, trade names, logos and graphics on this Site without Cancerbro’s prior written consent.
13. you shall not use any network monitoring or discovery software to determine the site architecture or extract information about usage, individual identities or users;
14. you shall not use any robot, spider, other automatic software or device or manual process to monitor or copy the Site or the Content, information or services on this Site without Cancerbro’s prior written consent;
15. you shall not collect any email addresses made available on this site for purposes of promotions or marketing campaigns and you shall not solicit any users with data retrieved from this Site or any doctor, health center, hospital, or provider of health services identified on this Site;
16. you shall not distribute, on or through this Site, any advertising; promotion; solicitation for goods, services or funds; or solicitation for others to become members of any enterprise or organization without Cancerbro’s prior written permission;
By using the Site, you consent to receive emails from Cancerbro, which may include commercial emails. You may change such preferences by unsubscribe link.
Links to Other Sites; Third Party Promotions
Intellectual Property Rights
You acknowledge and agree that the Cancerbro Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that the Cancerbro Content is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by us or the applicable licensor, you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform, create derivative works from, or “scrape” for commercial or any other purpose, the Cancerbro Services or the Software, in whole or in part. Any use of the Cancerbro Services not expressly permitted by this Agreement is a breach of this Agreement and may violate our and third parties’ intellectual property rights.
Unless otherwise disclosed, all of the trademarks, service marks, and logos displayed on our Sites (the “Trademarks”) are registered and unregistered trademarks of Cancerbro, its affiliates, or Third Party Providers. Nothing on our Sites should be construed as granting, by implication, estoppel, or otherwise, any license or right in and to the Trademarks without our express written permission or the express written permission of the applicable third party.
The Content on the Cancerbro Site is copyrighted by Cancerbro, or by other information providers who have licensed their content for electronic publication by Cancerbro. It is protected by copyright and trademark laws. You may not reproduce, republish or redistribute material from the Cancerbro Site without express written consent of Cancerbro or of the copyright holder, if the copyright holder is not Cancerbro.
You agree to defend, indemnify, and hold harmless Cancerbro, its corporate affiliates, independent contractors, professionals, and consultants, and each of their respective directors, employees and agents, from and against any claims, damages, cost, liabilities and expenses (including, but not limited to, advocates’ fees) arising out of or related to any User content you post, store, or otherwise transmit on or through the Site, or your use of or inability to use the Site or the Service including, without limitation, any actual or threatened suit, demand, or claim arising out of or relating to User content, your conduct, your violation of these Site Terms, or your violation of the rights of any third-party.
Limitation of Liability
In no event, including but not limited to negligence, shall Cancerbro, or any of its directors, officers, employees, agents or content or Professionals (collectively, the “Protected Bodies”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Site or the content, materials and functions related thereto, the Services, User’s provision of information via the Site, lost business or lost End-Users, even if such Protected Body has been advised of the possibility of such damages. In no event shall the Protected Bodies be liable for:
1. provision of or failure to provide all or any service by Professionals to End- Users contacted or managed through the Site;
2. any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Site;
3. any unauthorized access to or alteration of your transmissions or data; or
4. any other matter relating to the Site or the Service.
In no event shall the total aggregate liability of the Protected Bodies to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from this Agreement or a User’s use of the Site or the Services exceed, in the aggregate Rs. 1000/- (Rupees One Thousand Only).
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SITE IS AT YOUR SOLE RISK. ALL CONTENT AND SERVICES ON THE SITE IS PROVIDED SOLELY ON AN ‘AS-IS/AS-AVAILABLE’ BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, AS TO THE RESULTS YOU MAY ACHIEVE ON ACCOUNT YOUR USE OF THE SITE, AS TO THE RESULTS YOU MAY ACHIEVE ON ACCOUNT OF ANY RELATIONSHIP YOU ELECT TO CREATE WITH PROFESSIONAL, AND NON-INFRINGEMENT. NEITHER CANCERBRO.COM NOR ANY OF ITS LICENSORS OR AFFILIATES MAKES ANY REPRESENTATIONS OR WARRANTIES REGARDING ANY PROFESSIONAL, INCLUDING, WITHOUT LIMITATION, ANY PROFESSIONAL’s ABILITY TO OBTAIN A FAVORABLE RESULT FOR YOU.
WE DO NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY CONTENT OR SERVICES AND WE DO NOT GUARANTY IN ANY SERVICES OR GOODS ASSOCIATED WITH THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY SERVICE OR GOOD WILL CONTINUE TO BE AVAILABLE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
No provision of this Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by Cancerbro. Any consent by Cancerbro to, or a waiver by Cancerbro of any breach by User, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
If any provision of this Agreement is held to be illegal, invalid or unenforceable, such illegality, invalidity or unenforceability shall apply only to such provision. The illegality, invalidity, or unenforceability of such provision shall not in any manner affect or render illegal, invalid or unenforceable any other provision of this Agreement, and that provision, and this Agreement generally, shall be reformed, construed and enforced so as to most nearly give lawful effect to the intent of the Parties as expressed in this Agreement. The fact that any provision of this Agreement is held to be illegal, invalid or unenforceable in a particular jurisdiction shall have no effect upon the legality, validity, or enforceability of such provision in any other jurisdiction.
Neither Party shall be liable for any failure or delay in the performance of any of their respective obligations if prevented from doing so by a Force Majeure Event. “Force Majeure Event” means (i) floods, earthquakes, or other similar elements of nature or acts of God; (ii) riots, civil disorders, rebellions or revolutions in any country; or (iii) any other cause beyond the reasonable control of the non-performing Party, provided the non-performing Party is without fault in failing to prevent or causing such default or delay, and such default or delay could not have been prevented or circumvented by the non-performing Party through the reasonable use of alternate sources, workaround plans or other reasonable precautions.
Governing Law and Jurisdiction
This Agreement, and all matters arising directly or indirectly from this Agreement, shall be governed by and construed in accordance with the laws of India, without regard to its conflict of laws rules applicable to contracts to be performed entirely within India. For all such matters, each Party irrevocably submits to the exclusive jurisdiction of courts located in New Delhi and waives any jurisdictional, venue, or inconvenient forum objections to such courts.
Any dispute, claim or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, or your use of the Site or the Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by Cancerbro. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be New Delhi. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.
This Agreement and its Exhibit(s) constitute the entire agreement of the Parties with respect to the subject matter hereof and supersedes any and all existing or prior agreements and communications, whether written or verbal, relating to the subject matter hereof. No modification of this Agreement shall be effective unless it is in writing and signed by an authorized representative of each Party.