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Terms and Conditions of Use

 

Your use of this website located at www.healthenclave.com (this Site) is conditional on your acceptance of the terms and conditions of use set forth below ("Terms and Conditions"). By browsing, accessing, linking, using and/or downloading from this Site ("Access"), you agree to accept and abide by these Terms and Conditions for each use and each visit of this Site. If you do not agree to these Terms and Conditions, you should not Access this Site.

 

These Terms and Conditions are entered into between HealthEnclave and you. You expressly represent that you are of legal age and you are not prevented by any law from entering into this Terms and Conditions. If you are accessing the Site on behalf of another person, you represent that you are authorized to accept these Terms and Conditions on that person's behalf. Unless explicitly stated otherwise, these Terms and Conditions will govern your use of any new features that augment or enhance the current services, including the release of new products or services. 

 

1. Definitions: In addition to the terms defined throughout these Terms and Conditions, the terms "we", "us" and "our" refer to HealthEnclave. The terms “you” and “your” refer to you the Member of this Site or anyone accessing this Site.

 

2. Changes to Terms and Conditions: We reserve the right, at any time, to modify, add to, delete from, alter, or update these Terms and Conditions ("Changes"), and you agree to be bound by such Changes. Changes shall be effective immediately upon notice thereof, which may be given by any means including, but not limited to posting on this Site or by electronic or conventional mail. You agree to regularly review the Terms and Conditions posted at this Site and to be aware of Changes. Your use of this Site following any Changes constitutes your agreement to follow and be bound by these Terms and Conditions as changed.

 

3. Permitted and Prohibited Uses: Consistent with local, state and federal laws, we reserve the right to refuse to do business with any person in our sole discretion. This Site is intended for the lawful use of members of the general public. Subject to these Terms and Conditions, we grant you a non-exclusive, non-transferable, limited right to access, use and view this Site and the information thereon, including without limitation, all text, design, graphics, drawings, photographs, video clips and sounds, and all trade marks, service marks and trade names used at this Site and the selection and arrangements thereof (collectively, the "Content"), solely for your own personal use, provided, however, that you may not, nor may you allow others to, directly or indirectly:

 

  • sell, license, rent, reproduce, modify or attempt to modify or create derivative works from the Content in any way or reproduce or publicly display, perform, transmit or distribute or otherwise use the Content for any public or commercial purpose, including without limitation use of the Content on any other website or in any environment of networked computers;

 

  • transfer the Content to any other person without our prior explicit written consent;

 

  • use this Site in any manner that could damage, disable, overburden or impair this Site;

 

  • upload, post or otherwise transmit or distribute on this Site any items, including without limitation computer viruses, Trojan horses, worms, backdoor, shutdown mechanism or other harmful, disruptive or destructive files or computer programs;

 

  • interfere with the security of, or otherwise abuse, this Site or any Services, system resources, accounts, servers or networks connected to or accessible through this Site or associated or linked sites;

 

  • infringe on any patent, trade-mark, trade secret, copyright, right of publicity, or other proprietary right of any person, or impersonate any person or entity;

 

  • disrupt or interfere with any other person's use or enjoyment of this Site or associated or linked sites;

 

  • use any automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from this Site or the Content in whole or in part;

 

  • transmit on, to or from this Site spam, chain letters, junk mail or any other type of unsolicited mass e-mail;

 

  • upload to, distribute to, or otherwise disseminate through this Site any material or information of any kind that is threatening, harassing, libelous, defamatory, obscene, pornographic, fraudulent, deceptive, abusive, or otherwise violates any law or infringes or violates any rights of any other person or entity, or contains a solicitation of funds, advertising, or a solicitation for goods or services; or

 

  • attempt to obtain unauthorized access to this Site or portions of this Site which are restricted from general access. 

 

You also agree that you are solely responsible for actions and communications undertaken or transmitted in the course of your usage of this Site, and that you will comply with all laws that apply or may apply to your use of this Site.

 

4. Copyright and Trademarks: Unless otherwise noted, all Content is subject to intellectual property rights including copyrights and trade marks held or licensed by us. Any reproduction or use of the Content without our express prior written permission is prohibited. We retain the right to initiate appropriate civil and criminal legal proceedings against the infringers of our intellectual property rights. Information posted on the Site belongs to the respective owners. We respect the intellectual property of others and ask you to do the same.

 

5. Cookies: Upon your first visit to the Site, a cookie is sent to your computer that uniquely identifies your browser. A "cookie" is a small file containing a string of characters that is sent to your computer when you visit a website. We use cookies to improve the quality of our service and to better understand how people interact with us. We do this by storing Member preferences in cookies and by tracking Member trends and patterns of how people search. Most browsers are initially set up to accept cookies. You can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some features or services of the site may not function properly without cookies. 

 

6. Registration: To access certain areas and features of this Site, you must register yourself. There are three types of registration available – user, health expert and hospital. Depending upon the type of registration you choose, you may have to pay a non-refundable registration fee. When you register, you must create a login name and password. You must enter your login name and password to access certain features of this Site. You are responsible for the safety and security of your login name and password. 

 

7. User: When you register as a User, you can read articles posted on this Site, comment on the articles, participate in any forum, ask questions to health experts and search for hospitals according to their locations. You can also post your own User profile.   

 

8. Health Expert: When you register as a Health Expert, you can create your own detailed profile page with details of your expertise and qualifications. As a health expert, you can read articles posted on this Site, comment on the articles, participate in any forum, write blogs and answer questions posed by Users. You may charge a fee for answering questions posed by Users. 

 

9. Hospital: You can register as a Hospital if you are a hospital administrator or manager. When you register as a Hospital, you can create a profile page for your Hospital. 

 

10. Profiles: When you post your profile on this Site, you represent that all information you list on your profile is true and current. You expressly agree not to create false profiles of any third party or fictitious profiles.   By posting your profile on this Site, you agree and consent to receive emails, telephone calls and/or faxes from us, our agents and employees. You also agree to be contacted by other Members of this Site.

 

11. Content Posting: When you are posting any content on any section of this Website including without limitation asking questions, answering questions, posting blogs, taking part in forums or any other form of communication with other Members of this Site, you expressly agree not to use any abusive or inappropriate language. You expressly acknowledge that you will be responsible for the content you post on the Site.  

 

12. Platform: The Site acts as a platform connecting members in a virtual world and allowing members to interact with one another in a virtual world. We only provide the platform and are not directly involved in the actual transactions between Members of the Site. We are a neutral facilitator and have no control over the authenticity of the postings made on the Site by Members nor do we vouch for the same. We cannot and does not confirm the identification details of Members, except those details provided by the Members at the time of registration. We also do not confirm nor verify the qualifications, background, expertise or abilities of Members. You should be careful and exercise common sense and good judgment when dealing with any Member on the Site. You deal with the other Members at your own risk. We have no control over the accuracy of the information provided by the Members in the profile. We do not ensure in any way that a transaction between you and other Members will actually be completed. When you contact other Members of this Site, you expressly agree not to use any abusive or indecent language. The information provided by Members on various sections of this Site are not verified by us. The information is provided on “as is” and “where is basis”. We do not vouch for the correctness or accuracy of the same. You expressly agree that you will not use the information without advice from qualified professionals. 

 

13. Answers: As a User, you can ask questions to Health Experts. The Health Expert may charge a fee for answering your question. The answer provided by the Health Expert is not verified by us. We have no control over the accuracy or the authenticity of the answers. You expressly agree that you will not use the information provided in the answers without advice from qualified professionals. You use the information provided in the answers at your sole risk. 

 

14. Medication Section: This Site has a medication section. In this section, you can look up the side-effects, dosage, instructions and brand names for various medications in India, USA and UK. The information provided in this section is for information purposes only and should not be considered as medical advice and should not be used as a substitute for medical advice. You expressly agree that you will not use the information provided in this Section without advice from qualified medical professionals. 

 

15. Health Pamphlets & Ebooks Section: As a Member of this Site, you can access the Health Pamphlet & Ebooks Section. This Section offers pamphlets on various medical conditions which you can download for free. This Section also offers ebooks which you can download for a fee. The information contained in the pamphlets and ebooks are provided by the respective owners/authors and we do not have any control over the contents of the pamphlets and ebooks. We do not vouch for the accuracy of the information contained in the pamphlets and ebooks. You expressly agree that you will not use the information provided in pamphlets and ebooks without advice from qualified medical professionals. If you are not satisfied with the ebooks you purchased from this Site, we will refund the amount to you if you notify us within 30 days of the download. To be eligible for the refund, you must return the ebook to us and delete all copies of the ebook that you may have saved on your computer or any other computer and expressly represent that you will not use the ebook or the contents of the ebook for any purpose.  

 

16. Links: This Site contains to links to other external sites, which do not belong to us. We do not verify the contents of such sites. We have no control over such sites. Your use of such other sites is solely at your risk. Your use of such sites is governed by their respective terms and conditions. 

 

17. Liability: All content and services provided on or through this site are provided "as is" and "as available" for your use. The content is provided without warranties or conditions of any kind either express or implied, including but not limited to implied warranties and conditions of merchantability, fitness for a particular purpose or non infringement. Your use of this site is solely at your risk. We shall in no event be liable to you for any indirect, special, punitive, incidental, reliance, exemplary or consequential damages, loss of profits, loss of expected savings, or any other non-direct damages howsoever caused from your use of the contents of the Site. Neither we nor any of our officers, directors, investors, employees, contractors, agents, successors, assigns, affiliates, or content or service providers shall be liable to you or any other third party for any direct, indirect, incidental, special, punitive or consequential damages arising out of the use of this Site or the services provided through this Site or the inability to gain access to or use this Site or services or out of any breach of any warranty, even if we have been advised of the possibility of such damages. 

 

18. Indemnity: You agree to defend, indemnify and hold harmless us, our directors, officers, employees, representatives, contractors, affiliates, successors or assigns, including all third parties mentioned at this Site, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of this Site or your breach of these Terms and Conditions.

 

19. Choice of law: These Terms and Conditions shall be deemed to have been made and performed exclusively in Mumbai, India and shall be governed by and construed under the laws of India applicable therein without giving effect to its conflict of laws principles. You hereby submit to the exclusive forum, jurisdiction and venue of the courts of Mumbai, India for any claim related hereto, arising herefrom or in connection herewith and agree not to bring any action, claim, suit or proceeding against us or any officer, director, partner or employee thereof in any jurisdiction other than Mumbai, India.

 

20. Disclaimer: We not responsible for the success or failure of any your decisions relating to any information presented through this Site or its contents. The Site should be carefully considered and evaluated, before reaching any decision, on whether to use the information and contents provided through the Site. There can be no assurance that any prior successes, or past results can be used as an indication of your future success or results. Results are based on many factors. We have no way of knowing how well you will do, as we do not know you or your background. Therefore we do not guarantee or imply that you will succeed by using this Site or its contents. There is no assurance you will do as well. Use caution and seek the advice of qualified professionals. You agree that we are not responsible for any success or failure that you may experience as a result of using the Site or its contents. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction or unauthorized access or, alteration of or use of record in connection with the use or operation of this service, whether for breach of contract, tortious behavior, negligence or any other cause of action. 

 

21. General: The Privacy Policy is a binding part of these Terms and Conditions and together with these Terms and Conditions constitutes the entire agreement between HealthEnclave and you with respect to your use of this Site. Our failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. You expressly agree that no agency relation is created or established by your use of this Site. We DO NOT and WILL NOT represent you in any transaction with other Members of this Site unless expressly agreed to in writing prior to the transaction. If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. Any cause of action you may have with respect to your use of this Site or which is the subject of these Terms and Conditions must be commenced within three (3) months after the claim or cause of action arises.

 

PRIVACY POLICY

 

We have established this Privacy Policy so that you can understand how we treat your Personal Information.

 

Personal Information means any information that may be used to identify an individual, including, but not limited to, a first and last name, a home or other physical address and an email address or other contact information, whether at work or at home. In general, you can visit the Site without telling us who you are or revealing any Personal Information about yourself. However to use certain services of the Site, you must provide us with your personal information. 

 

If you choose to provide us with your Personal Information on the Web, we may transfer that Information to our third-party service providers anywhere in this world.

 

We strive to comply with all applicable laws around the globe that are designed to protect your privacy. Although legal requirements may vary from jurisdiction to jurisdiction, we intend to adhere to the principles set forth in this Privacy Policy even if, in connection with the above, we transfer your Personal Information to jurisdictions that may not require an "adequate" level of protection for your Personal Information. In other words, our goal is to provide protection for your Personal Information no matter where that Personal Information is collected, transferred, or retained. 

 

We use this information to:

 

  • Improve and customize the content and layout of the Site and other materials
  • Notify you of updates to the Site. 
  • Notify you of relevant products and services. 
  • Notify you of upcoming events and programs

 

If you do not want to receive the notifications, you can unsubscribe from this service and we will not send you any notifications. 

 

Under no circumstances will we sell or receive payment for licensing or disclosing your personal information. We will not rent or sell your personally identifying information to other companies or individuals, unless we have your consent. We may share such information in any of the following limited circumstances: 

 

  • We have your consent. 
  • We provide such information to trusted businesses or persons for the sole purpose of processing personally identifying information on our behalf. When this is done, it is subject to agreements that oblige those parties to process such information only on our instructions and in compliance with this Privacy Policy and appropriate confidentiality and security measures. 
  • We are required to do so by law
  • We have a good faith belief that access, preservation or disclosure of such information is reasonably necessary to protect our rights, property or safety and that of Members or the public. 

 

While we cannot guarantee privacy perfection, we will address any issue to the best of our abilities as soon as possible. 

 

By using this Site, you consent to the terms of this Privacy Policy and to our processing of Personal Information for the purposes given above as well as those explained where we collect Personal Information on the Site. Should the Privacy Policy change, we will take every reasonable step to ensure that these changes are brought to your attention by posting all changes prominently on the Site for a reasonable period of time.

 

COPYRIGHT POLICY

 

Information contained on and provided through this Site is protected by copyright law. No individual or entity is permitted to copy, publish, or commercially use any information contained on or provided through this Site without the express written permission of HealthEnclave. We retain the right to initiate appropriate civil and criminal legal proceedings against the infringes of its copyright. The use, reproduction, downloading, or distribution of protected materials may subject you to applicable penalties and damages under state and federal copyright laws. You may print or download to a local hard disk extracts for your personal and non-commercial use only. 

 

ONLINE PAYMENT SECURITY POLICY

 

When you make payments through this Site, you are using a secure server which encrypts all of your personal information. This makes it difficult, if not impossible, for a third party to access or use your personal information in an unauthorized manner. 

 

HealthEnclave has developed its service with security as a top priority. We use various technological methods to prevent access to information in our system and Secure Socket Layers ("SSL") to encrypt your personal information and protect it from disclosure, destruction, modification or use.

 

Credit information that you and credit authorizers provide when you make payments by credit card or electronic check for dues or other services via this Site will only be used to process the transactions you request

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