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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- 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.
- Your Information (or any items listed):
- Shall not be false, inaccurate or misleading;
- Shall not be fraudulent or involve the sale of counterfeit or stolen items;
- Shall not infringe any third party's intellectual property, trade secret or other
proprietary rights or rights of publicity or privacy;
- 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 terms, 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").
- Shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
- 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;
- 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;
- 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
- 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.
- 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.
- 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.
- 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. 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 tems, 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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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.
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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.
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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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i. The delay, failure, interruption, or corruption of any data or other information
transmitted in connection with use of the Site;
and/or
ii. 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.
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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.
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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.
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12. Governing Law
The User Agreement shall be governed and construed in accordance with the laws of
India.
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13. Winning an iPod
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Indianwomenshealth.com currently offers an online contest.
- By subscribing to or using any of our services you agree that you have read, understood and are bound by the terms and conditions set out herein, regardless of how you subscribed to or use the services.
- Without limiting the above, we may ask you to accept any or all of the terms when you first subscribe to or use a service.
- If you do not want to be bound by the terms, you must not subscribe to or use our services.
- The contest is valid for residents of india only.
- This contest is not valid and applicable for employees, associates, partners, agents or servants of Indianwomenshealth.com, GSKCH & Bioquest Solutions Pvt Ltd.
- You agree that you are legally capable to enter the contest and agree to the terms and that you are competent (i.e. You are of sufficient age and mental capacity) and eligible to enter into legally binding agreement or your parents have consented to your entry of the contest and use of these rules.
- Indianwomenshealth.com shall declare the winner with the highest confirmed referrals. The winners shall be intimated through email given during the registration process. Indianwomenshealth.com shall not entertain any questions, correspondence, enquiries on the manner of conduct of the winner declaration and referral count and the contest itself from any party whatsoever.
- The selection of prizes is as per the sole discretion of indianwomenshealth.com. Indianwomenshealth.com reserves its rights to modify the terms and conditions of the contest, prizes, etc., without notice to the users. Indianwomenshealth.com reserves the right to cancel any part or all of the prizes.
- The winner must claim his/ her prize within 10 days of the announcement by indianwomenshealth.com through email and/or on indianwomenshealth.com. In case the prize is unclaimed by the winner within the stipulated period, then indianwomenshealth.com reserves its right to transfer the prize to the next winner chosen in the same contest. The first winner automatically surrenders his/ her right to the prize and shall not make any claim there under.
- Indianwomenshealth.com reserves the right: (a) to disqualify any entrant if it has reasonable grounds to believe the entrant has breached any of these terms and conditions. (b) to decide whether a replacement contestant should be selected in the event any entrant is disqualified from the contest. (c) to require written permission from the parent or guardian of a winner who is under the age of 18.
- Winner themselves shall be responsible for any incidental, additional expenses required to be incurred to avail of the prize. The winner will be required to provide certified proof of identity and residence, if any.
- All prizes are non-negotiable and non-transferable and are subject to availability and there shall be no cash alternative.
- Indianwomenshealth.com will not be liable for any damage or loss (including but not limited to indirect or consequential loss) arising from personal injury or death, or loss of, or damage to property, which is suffered or sustained in connection with the contest or the prize, except to the extent that the liability cannot be excluded by law.
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