This Agreement is an electronic record in terms of Information Technology Act, 2000 and generated by a computer system and does not require any physical or digital signatures. This Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:
- the Indian Contract Act, 1872;
- the (Indian) Information Technology Act, 2000; and
- 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 constitutes the entire and only agreement between you and Cancerbro with respect to your use of the Cancerbro, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to same.
The Agreement applies to you whether you are –
- A Patient (“you” or “User”), or his/her representative(s) wishing to register/already registered on the Site.
- 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:
- Support Groups
- Video Content
- Blog Content
- Cancer Information Related Articles
- Survivors’ Stories
- News Feed
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.
- Usage Restrictions
By using this Site, you agree that:
- 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.
- 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;
- 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;
- 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;
- 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);
- 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);
- 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;
- 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;
- you shall not seek to gain access to any materials or information through any means not intentionally made available by us;
- 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;
- 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;
- 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.
- you shall not use any network monitoring or discovery software to determine the site architecture or extract information about usage, individual identities or users;
- 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;
- 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;
- 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; and
- Your Service Account; Email Consent:
In order to use some of the features on the Site, you are required to register and provide information about yourself to us and create a service account (“Service Account”). It is your responsibility to maintain the confidentiality of your Service Account information, including your Service Account password. In addition, you are responsible for all activities that occur in connection with your Service Account. You must tell us right away about anyone using your Service Account without your consent, or any security breach that relates to the Site or your Service Account. You agree to provide Cancerbro with accurate, current and complete information about yourself as may be prompted in any registration forms on the Site and promptly update any such information to keep it accurate, current and complete. Cancerbro reserves the right to refuse to provide services to anyone, including terminating your Service Account and/or preventing you from accessing the Site or your Service Account, with or without cause, at any time and in its sole discretion.
By using the Site, you consent to receive emails from Cancerbro, which may include commercial emails provided such emails are in accordance with the preferences you select in the email. You may change such preferences by changing your account settings on the “email notifications” section of “Settings” page of the Site or via the unsubscribe link in all commercial emails. Please note that as long as you maintain a Service Account, you may not “opt out” of receiving service or account-related emails from Cancerbro and all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
- Use of the Support Group:
Whenever you use or visit our Site you must comply with the following standards. These standards apply to each part of any contribution you make to the Site (including the Support Group) and whether you do, or so not, comply will be determined by us in our sole discretion.
- Be accurate (where they state facts).
- Be genuinely held (where they state opinions).
- Comply with applicable law in the India (and in any country from which they are posted).
- Be constructive and polite, not mean-spirited or contributed with the intention of causing trouble or ‘trolling’.
Contributions must not:
- Contain any material which is defamatory of any person.
- Contain any material which is obscene, offensive, hateful or inflammatory.
- Contain any sexually explicit material.
- Promote or incite any violence.
- Promote or incite any discrimination (including, that which is based on race, sex, religion, nationality, disability, sexual orientation or age).
- Infringe any copyright, database right or trade mark or any other proprietary rights of any other person.
- Be likely to deceive any person.
- Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Be threatening, abusive or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
- Be likely to harass, upset, embarrass, alarm or annoy any other person.
- Be used to impersonate any person, or to misrepresent your identity or affiliation with any person. In particular, you may not register more than one account or create any alternative accounts.
- Give the impression that they come from us, if this is not the case.
- Given the impression that they come from a healthcare professional, if that is not the case.
- Encourage any act or activity that in our opinion could be harmful to the health or wellbeing of another user or which raises any clinical safety concerns.
- Advocate, promote or assist any unlawful act (such as, for example, the use of any illegal drugs or substance, copyright infringement or computer misuse).
- Be the same as, or substantially similar to, comments which you have made in other threads or areas of the forum (including, for the purposes of promoting a particular message or agenda), i.e. no “spamming” of any discussions.
- Include any unsolicited promotions, political campaigning, advertising or solicitations, including without limitation any advertisements for medical/health services, medical/health service providers or doctor/health center/ hospital referral services;
Please note that all contributions must be in English (so that we can effectively moderate the Support Group).
When using the Site (including the Discussion Forum):
- you may link to specific URLs (web site addresses) in your contributions where these provide relevant and appropriate background reading or information. However, you must not link to advertising or sites that might cause offense to other users of the Site. Please note that any post containing a URL may be subject to review and moderation;
- you must not use it in manner which (in our view) is intended to promote or advertise another Site, product or service (including, by inviting other users to send messages directly to you). If you wish to advertise your product or service via the Site (or otherwise) then please contact us in the first instance using the email id [email protected] ; and
- you must not use it for any purpose which is in violation (or which is, or is likely to, cause us to be in violation) of any applicable laws or regulations.
You represent that any contribution you make to the Support Group will comply with the standards set out above, and you will be liable to us and be responsible for any loss or damage we suffer as a result of your breach of this representation.
For your safety we advise that you never reveal any personal information about yourself or anyone else on the Support Group (for example: full name, telephone number, home address or email address), and please do not include postal addresses of any kind. If you have a helpful address to share, please advise the site administrators.
While the administrators and moderators of the Support Group will attempt to remove or edit any generally objectionable material as quickly as practicable, it is not possible for us to review every message. Therefore you acknowledge that all posts made to the Support Group express the views and opinions of the author. The views expressed by other users on our Site do not (necessarily) represent our views or values.
If you have any concerns regarding a post or comment on our forum then please email us at [email protected] to help bring it to our attention.
We want the forums to be a useful resource for our users but it is important to remember that the forums are not moderated or reviewed by doctors and so you should not rely on opinions or advice given by other users in respect of any healthcare matters. Always speak to your doctor before acting and in cases of emergency seek appropriate medical assistance immediately.
- Suspension and termination of Support Group access:
- Immediate, temporary or permanent withdrawal of your right to use our Site (including the Support Group).
- Immediate, temporary or permanent removal of any posting or material uploaded by you to our Site (including the Support Group).
- Issuing a warning to you.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Further legal action against you.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are examples, and we may take such other actions as we may reasonably deem appropriate.
- Content Contribution to our Site:
The Site includes areas in which users may post content and information, including personal and business profile data, messages, comments, data, text, photos, videos, blogs, graphics or other materials (the “User Content”). You are solely responsible for your use of such areas and use them at your own risk. By using the Site, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:
- User Content that is false, misleading, unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent, including without limitation any personal profile information, recommendation, endorsement, rating or review of a doctor, health center, hospital, or provider of health services with whom you have not had direct, personal experience in a professional context or as a client of such doctor, health center, hospital, or provider of health services;
- User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, violate any applicable rules of professional conduct or that would otherwise create liability or violate any local, state, national or international law or regulation;
- User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content as provided under this Agreement;
- User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- Unsolicited promotions, political campaigning, advertising or solicitations, including without limitation any advertisements for medical/health services, medical/health service providers or doctor/health center/hospital referral services;
- Viruses, spyware, malware, corrupted data or other harmful, disruptive or destructive files; and
- User Content that, in the sole judgment of Cancerbro, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Cancerbro or its users to any harm or liability of any type.
Cancerbro takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Cancerbro liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Any use of the Site in violation of the foregoing violates this Agreement and may result in termination or suspension of your right to use the Site.
Cancerbro reserves the right to restrict or remove any User Content posted or stored on the Site at any time and for any reason without notice.
- License of User Content to Cancerbro:
By uploading or submitting User Content to the Site for use, you grant Cancerbro a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium or technology now known or later developed. If you post User Content to the Site, unless we indicate otherwise, you grant Cancerbro and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Site and to grant the rights granted herein; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate this Agreement and will not violate any rights of or cause injury to any person or entity.
- Links to Other Sites; Third Party Promotions:
- Intellectual Property Rights
You acknowledge and agree that the Cancerbro Services and any software used in connection with the Cancerbro Services (“Software”) 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.
You may view information provided through the Services online, download individual articles to your computer or mobile device for later reading or print a copy of an article for yourself. You may not remove any copyright notices from our materials. You agree not to access the Services by any means other than through the interface that is provided by us for use in accessing the Services.
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.
- Copyright Notice:
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 have permission to download information from this site for your personal, non-commercial use, provided that you agree to keep intact all copyright and other proprietary notices. Aside from downloading information for your personal, non-commercial use, 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:
- provision of or failure to provide all or any service by Professionals to End- Users contacted or managed through the Site;
- any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Site;
- any unauthorized access to or alteration of your transmissions or data; or
- 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.
- Force Majeure
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.
- Entire Agreement:
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.