Last updated: 28-07-2022
www.warywell.com
TERMS & CONDITIONS
These Terms of Use (the “Terms”) provided below are with respect to the access and use of the https://www.warywell.com website (the “Site”) which may be accessed via, but not restricted to, the World Wide Web, PDA, mobile phone, tablets, digital television, smartwatches, RSS feeds or various other new media platforms.
These terms and conditions apply whenever you access the site, on whatever devices. This Agreement is for an indefinite term and you understand and agree that you are bound by such terms till the time you access this site.
TERMS & CONDITIONS – WARYWELL
By subscribing/registering to/on or using https://www.warywell.com and/or its sub-domains collectively referred as “WARYWELL site” and/or any services provided on the WARYWELL site, you agree that you have read, understood and have agreed to be legally bound by the Terms and Conditions, regardless of how you subscribe to or use the services. If you do not want to be bound by the Terms and Conditions, you must not subscribe to or register or use the WARYWELL site or any of its services.
For the purpose of these Terms and Conditions, wherever the context so require "you" or "your" or "User" shall mean any natural or legal person who has agreed to become a member of the WARYWELL site by registering on the WARYWELL site as registered User or a person who has used the WARYWELL site either through browsing or otherwise. Your access or use of the WARYWELL site is subject to the Terms and Conditions as set out herein (“Terms and Conditions”) and the Privacy Policy made available at the WARYWELL site. “We”, “us”, “our”, “WARYWELL” shall mean ZapPPT Presentations, a privately held business entity and/or any of its affiliated entities.
WARYWELL SERVICE
WARYWELL is a website which provides latest news, information and developments related to health sector in India and around the world. We provide a unique platform for consolidated news in the healthcare sector, including medical news, pharmaceutical news, news related to the latest medical technology, health awareness, medical education, hospitals and happenings of healthcare etc.
WARYWELL shall be entitled to modify these Terms and Conditions, the Privacy Policy and any other rules, regulations and/or document made available to Users on the WARYWELL site, at any time, by posting the same on WARYWELL site. Use of WARYWELL constitutes your acceptance of such Terms and Conditions and the rules referred to herein or provided by WARYWELL in relation to any WARYWELL services, as may be amended from time to time. You may then exercise the options provided in such a notification to indicate non-acceptance of the modified Terms and Conditions or the rules. If such an option is not exercised by you within the time frame prescribed in the notification, you will be deemed to have accepted the modified Terms and Conditions and the rules provided by WARYWELL.
WARYWELL site and/or emailers may contain links to third party websites that are not owned or controlled by WARYWELL. WARYWELL has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites/app. In addition, WARYWELL will not and cannot censor or edit the content of any third-party site. By using the WARYWELL site and its services, you expressly acknowledge and agree that WARYWELL shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website.
USER REGISTRATION
You may use the WARYWELL site without registration. However, to participate in the activities of the WARYWELL site you shall be required to create an account and log in on the WARYWELL site. You shall do so after completing the registration process by:
Providing true, accurate, correct and complete information as prompted by the applicable registration form.
Maintaining and updating true, accurate, correct and complete information provided by you during the registration process.
You shall be required to choose a user name and password. You shall be solely responsible for maintaining the confidentiality of your account username and password.
You shall be solely responsible for the information provided by you during submissions and the consequences of posting or publishing them. WARYWELL is only acting as a repository of data and makes no guarantee as to the validity, accuracy, or legal status of any information / submissions.
If, at any time, WARYWELL believes that your account and password is being misused in any manner, or that the information provided by you during the above stated submission process is not true, inaccurate or incomplete, then WARYWELL reserves the right to terminate/cancel or suspend your account and block your access to the WARYWELL site.
You shall be solely and exclusively responsible for any and/or all the activities that are carried through your account. You agree to notify WARYWELL of any unauthorized use of your account and/or any breach of security via email at editor@warywell.com
WARYWELL shall not be liable for any loss that you may incur as a result of another person(s) using your account username and/or password and/or your failure to comply with this section. You shall be solely and exclusively liable for all the losses to WARYWELL and/or other claims, damages, fines due to such an unauthorized use and/or for providing any incorrect information including making any false representation to WARYWELL. It is hereby clarified that in the event you represent to WARYWELL that you are a health professional and/or doctor, when such is not the case, you shall solely be responsible for any claim, damages, liabilities that arise from such misrepresentation.
CHARGES
WARYWELL reserves its right to charge subscription and/ or membership fees from its Users in respect of any part, aspect of WARYWELL site upon reasonable prior notice.
If WARYWELL charges you a platform fee (facilitation fee) in respect of any WARYWELL services, WARYWELL shall, without delay, refund such platform fee in the event of suspension and/or termination of your account or WARYWELL services on account of any fault on the part of WARYWELL. It is hereby clarified that no refund shall be payable if such suspension and/or termination is effected due to any breach or failure to adhere any of these Terms and Conditions, Privacy Policy and/or any other rules by the you, the User, or a person(s) accessing your account by using your username and password; or any circumstances beyond the reasonable control of WARYWELL.
SUBMISSION TO THE WARYWELL SITE
Users may submit material for publication. We accept no liability with respect to any material submitted by users and published by us and we are not responsible for its content and accuracy.
When you send any material, photograph, animated or graphical material to us, you do so in accordance with these Terms & Conditions. You hereby agree that you have prior requisite permission from or are authorised owner of the material/photograph(s)/animated/graphical material and you are granting us a non-exclusive, royalty-free licence to publish or otherwise use the material/photograph(s)/animated/graphical material in any way and at any time we want on the WARYWELL site. Any material sent for publication to WARYWELL shall not be defamatory and violative of any rules, regulations or laws of India.
SUBMISSION
Selected material/photograph(s)/animated/graphical material shall be published on WARYWELL site at the discretion of the editor and you shall not be liable to be paid for any such publication.
We shall cut, edit, crop or arrange your material/photograph(s)/animated/graphical material as we think fit to appear on the WARYWELL site, and we may remove your material/photograph(s)/animated/graphical material at any time.
Any material sent by a User for publishing it on WARYWELL site shall be credited with his/her name alongside the material submitted.
REGISTRATION
By using the WARYWELL site, Users warrant that all information submitted by them is true, accurate and complete. Proof of age may be required. The sole discretion to declare a User ineligible to use WARYWELL site shall vest with WARYWELL. Users who wish to participate shall have a valid email address. In order to use the WARYWELL site, Users are required to accurately provide the following information:
Full Name:
Phone Number:
E-mail address:
Password:
Work Category:
Specialisation/Interest:
Designation:
Organisation:
Country:
State:
City:
USE OF THE WARYWELL SITE
All materials provided on the WARYWELL site, including but not limited to all information, articles, materials, functions, text, logos, designs, graphics, images, sounds, software, documents, products and services (collectively, the "Materials"), and the selection, arrangement and display thereof, are the copyrighted works of WARYWELL and/or its vendors and/or suppliers. All Materials herein are only for general information or use. They do not constitute advice and should not be relied upon in making (or refraining from making) any decision. Any specific advice or replies to queries in any part of the WARYWELL site is/are the personal opinion of such experts/consultants/persons and are not subscribed to by WARYWELL. The information from or through WARYWELL site is provided on an “as is” basis, and all warranties, expressed or implied of any kind, regarding any matter pertaining to any goods, service or channel, including without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement are disclaimed and excluded.
All Materials herein and WARYWELL software are the exclusive properties of WARYWELL. Except as stated herein, none of the Materials may be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means, without the prior written permission of WARYWELL.
Subject to your compliance with these Terms and Conditions, WARYWELL hereby grants you the right to access and use the WARYWELL site only for personal and non-commercial purposes. You undertake that you shall not use the WARYWELL site for any commercial purposes and/or in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion.
You may post and/or share links/images/text content of WARYWELL site on social media platforms like Facebook, Twitter, Google+, Snapchat, Instagram, YouTube or any other social media sharing platform with appropriate link-back to the original source.
When the WARYWELL site provides for the download of any particular Material including any software, you may download such Material and/or software to a computer or mobile device (as applicable) for your personal, non-commercial use only, provided that you shall:
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keep a record of and not amend copyright and other proprietary notices;
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make no modifications to, and do not rent, lease, loan, sell, distribute, copy (except to create a single copy for your own back-up purposes), or create any derivative works based on the WARYWELL site or the Material including the software, in whole or in part, and;
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not transfer any Material and/or software and/or any part thereof to any other computer and/or mobile device. Any commercial or business use of the WARYWELL site or any Material including the software is expressly prohibited.
Except as expressly provided above, nothing contained herein shall be construed as conferring, by implication, estoppel or otherwise, any license or right under any patent, trademark, design or copyright of the WARYWELL intellectual properties.
You acknowledge and agree that nothing in these Terms and Conditions shall have the effect of transferring the ownership of any copyrights, trademarks, service marks, trade names, source code or other proprietary rights on the WARYWELL site or Material or software or any part thereof to you or any third party.
PROHIBITED USE
As a condition of your use of the WARYWELL site, you shall not use the WARYWELL site for any purpose that is unlawful or prohibited under these Terms and Conditions or under any Indian laws, statutes, order, ordinances and regulations. The duty to verify whether the use of the WARYWELL site is legal in your jurisdiction is your sole and exclusive responsibility.
You shall not display, upload, modify, publish, transmit, update or share any information on the WARYWELL site that is (including but not limited to):
criminal or tortious activity, including child pornography, fraud including financial fraud and money laundering, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
promoting illegal or tortuous activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
using photos and/or pictures that are sexually explicit or pornographic, exposing the female breast or full exposure of either male or female buttocks, or any or all portions of the human genitalia; exposing anyone or anything involved in explicit sexual acts and/or lewd and lascivious behaviour, including masturbation, copulation, paedophilia, intimacy involving nude or partially nude people in heterosexual, bisexual, lesbian, or homosexual encounters; depicting anyone or anything that is crudely vulgar or grossly deficient in civility or behaviour or that shows scatological impropriety and any other content contravening good moral standards;
attempting to circumvent, disable or otherwise interfere with security-related features of WARYWELL or features that prevent or restrict use or copying of any content or enforce limitations on the use of WARYWELL or the content therein;
using cheats, exploits, automation software, bots, hacks, mods or any other unauthorized software designed to modify or interfere with the WARYWELL site, and taking advantage of cheats or exploits;
using any software that intercepts, mines, or otherwise collects information about other Users or copies and stores any Proprietary Materials;
interfering with, disrupting, or creating an undue burden on the WARYWELL site or the networks connected to the WARYWELL site;
attempting to impersonate another User or person;
soliciting personal information from anyone under the eighteen (18) years of age;
collecting, harvesting, soliciting or posting passwords or personally identifiable information from other Users;
using the account, username, or password of another account holder at any time or disclosing the User account password to any third party or permitting any third party to access the User Account;
using any information obtained from the WARYWELL site in order to harass, abuse, or harm another person;
using any unfair, misleading or deceptive content intended to draw traffic to one’s profile;
using the WARYWELL site and/or software in a manner inconsistent with any and all applicable laws and regulations;
sub-license, rent, lease, sell, trade, gift, bequeath or other transfer of the User account associated with the User account to anyone;
access or use of a third-party account that have been sub-licensed, rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the holder or the original account creator; and
using the WARYWELL site and/or software and/or Materials for commercial purpose manner.
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USER CONDUCT
You agree to abide by these Terms and Conditions and all other rules, regulations of the WARYWELL site. In the event you do not abide by these Terms and Conditions and all other rules, regulations, WARYWELL may, at its sole and exclusive discretion, take necessary remedial action, including but not limited to:
restricting, suspending, or terminating your access to all or any part of WARYWELL services;
deactivating or deleting your account and all related information and files on the account.
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You agree to provide true, accurate, current and complete information at the time of registration and at all other times (as required by WARYWELL). You further agree to update and keep updated your registration information as and when required by WARYWELL.
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You shall not register or operate more than one User account with WARYWELL.
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You shall provide all the necessary information as and when required by WARYWELL as per compliance of the Republic of India laws and regulations.
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You agree to ensure that you can receive all communication from WARYWELL by marking e-mails from WARYWELL as part of your "safe senders" list. WARYWELL shall not be held liable if any e-mail remains unread as a result of such an e-mail being delivered to your junk and/or spam folder.
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Any password issued by WARYWELL to you shall not be revealed to anyone else. You shall strictly avoid using anyone else's password. You shall be responsible for maintaining the confidentiality of your account and password. You agree to immediately notify WARYWELL of any unauthorized use of your account or any other breach of security.
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You agree to exit/log-out of your accounts at the end of each session. WARYWELL shall not be responsible for any loss and/or damage that may result if you fail to comply with these requirements.
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You agree not to use exploits, automation, software, bots, hacks or any unauthorised third party software designed to modify or interfere with WARYWELL services and/or WARYWELL experience or assist in such activity.
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You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying WARYWELL or WARYWELL services.
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You agree that you shall not modify or cause to modify any files or software that are a part of WARYWELL’ services.
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You agree not to disrupt, overburden, or aid or assist in the disruption or overburdening of (a) any computer or server used to offer or support WARYWELL or the WARYWELL services (each a "Server"); or (b) enjoyment of the WARYWELL’ services by any other User or person.
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You agree not to institute, assist or become involved in any type of attack, including without limitation to the distribution of a virus, denial of service, or other attempts to disrupt the WARYWELL services or any other person's use or enjoyment of the WARYWELL services.
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You shall not attempt to gain unauthorised access to the User accounts, servers or networks connected to the WARYWELL services by any means other than the User interface provided by WARYWELL, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the WARYWELL services.
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If you choose a username that, in WARYWELL’s opinion is considered to be obscene, indecent, abusive or that might subject WARYWELL to public disparagement or scorn, WARYWELL reserves the right, without prior notice, to change such username and intimate you or delete such username from WARYWELL, deny you access to WARYWELL, or any combination of these options.
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Unauthorized access to the WARYWELL site shall be considered a breach of these Terms and Conditions, Privacy Policy and a violation of the applicable Republic of India laws and regulations. You agree not to access the WARYWELL site by any means other than through the interface that is provided by WARYWELL for use in accessing the WARYWELL site. You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of our site, except those that has been approved in advance and in writing by us.
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Use of the WARYWELL site shall be subject to existing Republic of India laws & regulations and legal processes. Nothing contained in these Terms and Conditions, shall limit WARYWELL right to comply with governmental, court, and law-enforcement requests or requirements relating to User’s use of WARYWELL.
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Users may contact editor@warywell.com with problems or questions, as appropriate.
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Users agree not to institute, assist or become involved in any type of attack, including without limitation to distribution of a virus, denial of service, or other attempts to disrupt the WARYWELL Services or any other person's use or enjoyment of the WARYWELL Services.
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Users shall not attempt to gain unauthorised access to other User accounts on WARYWELL by any means, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that underlies or is part of the WARYWELL services.
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Users provide their acceptance for not using the WARYWELL platform for any sort of inadequate activities including (but not limited to): to engage in any obscene, offensive, indecent, racial, communal, anti-national, objectionable, defamatory or abusive action or communication; to harass, stalk, threaten, or otherwise, violate any legal rights of other individuals; to transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person's computer, WARYWELL site, any software, hardware, or telecommunications equipment; to advertise, offer or sell any goods or services for any commercial purpose on WARYWELL site without written consent of WARYWELL; to Transmit content regarding services, products, surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters.
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THIRD PARTY WEBSITES
The WARYWELL site may provide links to third party websites and/or send emails which may contain links to third party websites, advertisements and/or advertorials. WARYWELL does not endorse the information contained on those websites/emailers and/or guarantee their quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability and/or fitness for any purpose. The content in any linked website is not under WARYWELL control, and if you choose to access any such web site, you do so entirely at your own risk.
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Relationship with Third-Party Services
Your relationship with the third-party service providers associated with your third-party accounts is governed solely by your agreement(s) with such third-party service providers, and WARYWELL disclaims any liability for personally identifiable information/confidential information that may be provided to it by such third-party service providers in violation of the privacy settings that You have set in such third-party accounts. WARYWELL makes no effort to review any Third-Party Services content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and WARYWELL is not responsible for any content of any Third-Party Services. You should note that a Third-Party Service may change or amend its guidelines and our access to it at any time, and we cannot guarantee that our services will always include a connection to such Third-Party Service.
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PRIVACY POLICY
The User hereby consents and agrees that she/he has read and fully understood the contents and terms of the Privacy Policy of WARYWELL and by using the WARYWELL Site, the User has consented to such content and terms of the Privacy Policy of WARYWELL. Our Privacy Policy shall apply to all the entries to the services on the WARYWELL site.
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COMMUNICATIONS NOT CONFIDENTIAL
WARYWELL does not guarantee the confidentiality of any communications provided by you through the WARYWELL site. Although WARYWELL generally adheres to the accepted industry practices in securing the transmission of data to, from and through the WARYWELL site, you understand, agree and acknowledge that WARYWELL cannot and does not guarantee the security of data transmitted over the Internet and/or public networks in connection with your use of the WARYWELL site.
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INTELLECTUAL PROPERTY RIGHTS
Unless otherwise stated, copyright and/or all intellectual property rights in all Materials on the WARYWELL site (including but not limited to text, audio, video or graphical images, or technology, the look and feel of the WARYWELL site), trademarks and logos appearing on the WARYWELL site are the properties of WARYWELL and are owned & controlled by us and/or by other parties that have licensed their material to us.
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You shall not copy, reproduce, republish, upload, post, transmit or distribute the WARYWELL site Material in any way, including by e-mail and/or other electronic means and whether directly or indirectly and/or assist any other person to do the same. Without the prior written consent of the owner of the Materials, modification, use of the Materials on any other web site and/or networked computer environment and/or use of the Materials for any purpose other than personal, non-commercial use shall be considered a violation of the copyrights, trademarks and other proprietary rights of WARYWELL and shall be prohibited.
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Any use of the Material other than for personal and non-commercial purposes shall be considered as commercial use for the purposes of this clause. You agree not to use any framing techniques to enclose any trademark or logo or other proprietary information of WARYWELL or remove, conceal or obliterate any copyright or other proprietary notice or any credit-line or date-line on other mark or source identifier included on the WARYWELL site, including without limitation, the size, colour, location or style of all proprietary marks. Any infringement shall be vigorously defended and pursued to the extent permitted by law.
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We, at WARYWELL, respect other people's intellectual property rights and if you believe that any content or material on the WARYWELL site infringes on your intellectual property rights, you can write and inform us about the same at editor@warywell.com
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ADVERTISING MATERIAL
WARYWELL site may contain advertising information, surveys, promotion material, advertisement, advertorials or other material submitted to WARYWELL by third parties. By registering on the WARYWELL website you expressly agree that WARYWELL based on the information provided by you, shall have the right to send you emailers, which may contain third-party advertisement and/or articles/advertorials. Responsibility for ensuring that the material submitted for inclusion on the WARYWELL site and/or emailers complies with the applicable law is exclusively on the party providing the information/material. Your correspondence or business dealings with, or participation in the promotions of advertisers or including the payment and delivery of related goods or services, and/or any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. WARYWELL shall not be responsible and/or liable for any claim, error, omission, inaccuracy in advertising material and/or any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of such advertisers on the WARYWELL site. WARYWELL reserves the right to omit, suspend or change the position of any advertising material submitted for insertion. All the advertising on the WARYWELL site shall be governed by Advertising Policy and other rules, regulations and documents of WARYWELL including but not limited to these Terms and Conditions and Privacy Policy.
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LIMITATION OF LIABILITY
In no event shall WARYWELL, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any:
errors, mistakes, or inaccuracies of content available on WARYWELL site;
personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our service;
any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein;
any interruption and/or cessation of transmission to or from our servers;
any misrepresentation;
any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our service by any third party;
any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the WARYWELL client, whether based on warranty, contract, tort, or any other legal theory, and whether or not WARYWELL is advised of the possibility of such damages; and/or
the disclosure of information pursuant to these Terms and Conditions or privacy policy of WARYWELL. The foregoing limitation of liability shall apply to the extent permitted by law in the applicable jurisdiction.
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You specifically acknowledge that WARYWELL shall not be liable for any defamatory, offensive, or illegal conduct of any third party and that the risk of any harm or damage from the foregoing shall rest entirely with you.
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WARYWELL shall not be liable, at any time for damages (including, without limitation, damages for loss of business projects, or loss of profits) arising in contract, tort or otherwise from the use of or inability to use the WARYWELL site, or any of its contents, or from any act or omissions a result of using the WARYWELL site or any such contents or for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, hacking, communications line failure, theft or destruction or unauthorised access to, alteration of, or use of information contained on the WARYWELL site. No representations, warranties or guarantees whatsoever are made as to the accuracy, adequacy, reliability, completeness, suitability or applicability of the information to a particular situation.
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TECHNICAL FAILURES AND DISCONNECTION POLICY
It is possible that you may face disruptions, including, but not limited to errors, disconnection or inferences in communication in the Internet services, software or hardware that you have used to avail our services.
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WARYWELL shall not be liable for any network outage or any problems/interruptions with network connectivity including network, Internet services, computer hardware or software failures of any kind in the disruption in the services as the same is beyond WARYWELL’s control. You take full responsibility with complete knowledge for any risk of loss or damages caused due to interruption of services for any such reasons.
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INDEMNITY
You agree to defend, indemnify and hold harmless WARYWELL, its officers, proprietor, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the WARYWELL site; (ii) your violation of any term of these Terms and Conditions; (iii) your violation of any third party right, including without limitation any trademark, copyright, property, or any other privacy right; (iv) any violation of applicable law, rules, regulation, orders and ordinance. This defence and indemnification obligation shall survive these Terms and Conditions.
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APPLICABLE LAW AND JURISDICTION
WARYWELL is created and controlled by ZapPPT Presentations in India. As such, the laws of India shall govern these Terms & Conditions along.
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The Courts of competent jurisdiction at Mumbai shall have exclusive jurisdiction to determine any and all disputes arising out of, or in connection with, the WARYWELL services provided by WARYWELL (including the Contest(s)), the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of the User(s) (including Users) or WARYWELL, as well as the exclusive jurisdiction to grant interim or preliminary relief in case of any dispute referred to arbitration as given below. All such issues and questions shall be governed and construed in accordance with the laws of the Republic of India.
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DISPUTE RESOLUTION
If any question, issue, difference or dispute arises between the disputing parties as to the interpretation of these Terms and Conditions or as to the duties and/or liabilities of either party to these Terms and Conditions hereunder or as to any matter and/or thing arising out of or under these Terms and Conditions, the party raising the dispute shall provide a written notification ("Notification") to the other party. On receipt of Notification, the parties shall first try to resolve the dispute through discussions.
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In the event that the parties are unable to resolve the dispute within fifteen (15) days of receipt of Notification, the dispute shall be settled by arbitration by sole arbitrator to be appointed mutually by the disputing parties. The Arbitration proceedings shall be conducted at Mumbai in accordance with the Indian Laws (both Substantive and Procedural) under the Arbitration and Conciliation Act, 1996 as amended and re-enacted from time to time and the Award so made shall be final and binding on all the parties. The language of arbitration proceedings shall be English.
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The arbitrator shall be entitled to pass interim orders and awards, including the orders for specific performance and such orders would be enforceable in competent courts. The arbitrator shall give a reasoned award.
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Nothing contained in these Terms and Conditions shall prevent WARYWELL from seeking and obtaining interim or permanent equitable or injunctive relief, or any other relief available to safeguard WARYWELL’s interest prior to, during or following the filing of arbitration proceedings or pending the execution of a decision or award in connection with any arbitration proceedings from any court having jurisdiction to grant the same. The pursuit of equitable or injunctive relief shall not constitute a waiver on the part of WARYWELL to pursue any remedy for monetary damages through the arbitration described herein.
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REPRESENTATIONS AND WARRANTIES
The User, not limiting his/her statutory rights, expressly acknowledges and agrees to the following:
The User uses the WARYWELL site at his or her own risk. WARYWELL expressly disclaims all express or implied representations or warranties.
The User understands that certain delays can occur in WARYWELL’s system/network and therefore he/she shall not hold WARYWELL or any WARYWELL provider, responsible for any system/network related problems.
WARYWELL does not guarantee, amongst other things that:
the content available on WARYWELL site and/or WARYWELL site will meet the User’s expectations;
the content available on WARYWELL site and/or WARYWELL site will be accessible without interruption or in a timely, reliable or fault-free manner;
the results obtained through use of the WARYWELL site will be correct and reliable;
the quality of the products, services, information or other material purchased or obtained by the User through WARYWELL site will meet the User's expectations.
The User shall be solely responsible for damages to his/her data system or for loss of data arising from downloads of content from the WARYWELL site.
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BREACH AND CONSEQUENCES
If we have evidence of a breach of our Terms and Conditions and any other rules, regulations or any other document including but not limited to Advertising Policy and Privacy Policy of WARYWELL through our investigations or reasonable belief that your continued access to WARYWELL site is deleterious or detrimental to the interests of WARYWELL and/or our Users or the general public, then we reserve the right in our sole discretion to take one or all of the actions as mentioned below:
Permanent suspension and/or termination of your User account on our platform;
Demand and order damages for breach of WARYWELL Terms and Conditions and any other rules, regulations or any other document including but not limited to Advertising Policy and Privacy Policy and take required civil actions to recover damages;
Initiate steps of prosecution for damages and violation that is equivalent to offences in law;
The action taken by us will be solely due to your breach of our Terms and Conditions any other rules, regulations or any other document including but not limited to Advertising Policy and Privacy Policy of WARYWELL; the action shall be final and decisive that will be binding on you. Any action taken by us will be without prejudice to our other rights and remedies that are mentioned and available in law or equity.
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TERMINATION
We reserve the right, at our discretion, to immediately, with or without notice, suspend or terminate your registration, the Terms and Conditions and/or your access to all or any portion of the WARYWELL site and/or remove any registration information or User Content from the WARYWELL site. Upon termination or expiration of the Terms and Conditions, your obligations and WARYWELL’s rights and disclaimers survive, but your right to use the WARYWELL site immediately ceases.
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DISCLAIMERS
WARYWELL shall make best endeavours to ensure that the WARYWELL site is error-free and secure. However, neither WARYWELL nor any of its partners, licensors or associates make any warranty that:
The platform will meet Users’ requirements,
The platform will be uninterrupted, timely, secure, or error-free,
The results that may be obtained from the use of the platform will be accurate or reliable.
Complying to the legal bodies and authorities neither WARYWELL nor its partners, licensors or associates disclaims any sort of responsibility for any direct, indirect, incidental, special, or consequential damages arising out of the use of or inability to use our sites, even if we have been advised of the possibility of such damages.
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Medical Disclaimer
The Materials available on the WARYWELL site are for informational and educational purposes for general public, doctors and healthcare professionals only and are not a substitute for the professional judgment of a health care professional in diagnosing and treating patients. Users are not permitted to advise, diagnose, or otherwise treat any person based on material/information available on the WARYWELL site. Neither the content nor any other service offered by or through WARYWELL site is intended to be for medical diagnosis or treatment. Persons accessing this information assume full responsibility for the use of the information and agree that WARYWELL is not responsible or liable for any claim, loss, or damage arising from the use of the information. WARYWELL does not recommend or endorse any specific drugs, tests, physicians, products, procedures, opinions, “off-label” drug uses or other information that may be mentioned on the WARYWELL site. Your reliance upon the Materials obtained or used by you is solely at your own risk.
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SITE DISCLAIMER
The site www.warywell.com is primarily intended for articles and advice by healthcare professionals for the benefit and health awareness of patients. Any content/information on this website does not replace the advice of medical and/or health professionals and should not be construed as medical diagnostic advice endorsement or prescription. Use of this site is subject to our Terms of Use, Privacy Policy and Advertisement Policy.
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FORCE MAJEURE
Neither party to these Terms and Conditions shall be liable for any loss and/or any failure to perform any obligation under these Terms and Conditions due to causes beyond its reasonable anticipation or control including real or potential labour disputes, governmental actions, war or threat of war, sabotage, civil unrest, demonstrations, fire, storm, flooding, explosion, earthquake, provisions or limitations of materials or resources, inability to obtain the relevant authorization, accident and defect in electricity or telecommunication network, among other events.
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ENTIRE AGREEMENT
The Terms and Conditions and Privacy Policy, as amended from time to time, constitute the entire agreement between you and WARYWELL. If any provision of these Terms and Conditions is considered unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions, which shall remain in full force and effect.
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ABILITY TO ACCEPT TERMS AND CONDITIONS
You affirm that you are above eighteen (18) years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions.
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WARYWELL takes children's privacy seriously and always encourages parents and/or guardians to play an active role in their children’s online experience. WARYWELL does not knowingly collect any personal information from children below the aforementioned age and if WARYWELL learns that WARYWELL has inadvertently gathered personal data from children under the aforementioned age, WARYWELL shall take all reasonable measures to promptly delete such personal data from WARYWELL records.
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ASSIGNMENT
These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by WARYWELL without restriction.
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CHANGES TO TERMS AND CONDITIONS
We reserve the right, to modify these Terms and Conditions at any time. Any changes to Terms and Conditions will be posted on the WARYWELL site and it is your responsibility to review these Terms and Conditions for any changes. Your continued use of the WARYWELL site following a posting of changes is your agreement to the changes/amendments and you shall be bound by the current and updated version of these Terms and Conditions. If any changes/amendments to these Terms and Conditions are unacceptable to you, you must discontinue the use of services offered by WARYWELL. We reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the WARYWELL site, including for any violation of any provision of these Terms and Conditions. We also reserve the right to change the WARYWELL site without notice to you, at any time.
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WAIVER
No waiver of any terms of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term and WARYWELL’s failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
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RELATIONSHIP
None of the provisions of the Terms and Conditions shall be deemed to constitute a partnership or agency between you and WARYWELL and you shall have no authority to bind WARYWELL in any manner, whatsoever. If you are registering on the WARYWELL site as a business entity, you represent that you have the authority to bind the entity to this Agreement.