The following are the terms and conditions governing your use of this website –
www.healthtzars.com (referred as the website or site here in after) and its content. These terms and conditions constitute your binding obligations towards the website.
This Agreement comes in effect upon accessing this site for the first time and thus, by once accepting this User Agreement it will be made effective for each time of use. The Website also has provision for acceptance through registration for new registering users in order to gain access to certain sections of the Website. The User Agreement however, may be amended anytime, from time to time by the management of www.healthtzars.com by posting the amended terms & conditions (T&C) on the Website. Once amended, the amendments shall automatically become effective within 30 (thirty) days after being posted on the Website. Therefore, any subsequent use of the website shall be governed by such amended terms and conditions. You are advised to check this space regularly for any amendments or updates to the terms and conditions contained in this User Agreement. We will also notify you in accordance with your Notification Preferences. Also, any clause of this agreement once deemed invalid, void or unenforceable for any reason, shall not affect the validity and enforceability of the remaining clauses of this User Agreement.
1. Membership Eligibility
Membership and use of the Website is available only to persons who can form legally binding contracts under applicable law. All minors, un-discharged insolvents and other persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 are not eligible to use the Website.
The website and its sponsors hold the right to terminate your membership and refuse to provide you access to the website if it is discovered that you are below 18 years of age and are a minor. Website access is also unavailable to persons whose membership has been suspended or terminated by the Owner of the Website or its sponsors.
2. Your Account and Registration
If you use the Website, maintaining the confidentiality of your account and password is your responsibility and so is restricting access to your computer. You therefore are responsible for all activities that occur under your account or Password. As a member/user of the site you agree to:
a. Provide true, accurate, current and complete information about yourself as prompted by the Website’s registration form (such information being the “Registration Data”)
b. you must promptly update the Registration Data from time to time in order to keep it true, accurate, current and complete. Failure to do so may provide the Website or its sponsors with reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement and also give the Website Owner the right to indefinitely suspend or terminate your membership and refuse to provide you with access to the Website.
3. Electronic Communications
When you visit the Website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
4. Fees and Services.
Membership on the Website is free. The Owner or its sponsors do not charge any fee for browsing on the Website.
5. Use of the Website
You agree, undertake and confirm that your use of the Website shall be strictly governed by the following binding principles
a. Your “Information” is defined as any information provided by you to 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.
b. Your Information (or any items listed):
1. Shall not be false, inaccurate or misleading;
2. Shall not be fraudulent or involve the sale of counterfeit or stolen items;
3. Shall not infringe any third party’s intellectual property, trade secret or other proprietary rights or rights of publicity or privacy;
4. 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 Website or its sponsors do not permit transactions.
5. Shall not be threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, indecent or profane or that could constitute or encourage a violation of any law
6. 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;
7. 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;
8. 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
9. 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 website other than the Website; or you do not have a right to link to or include.
In the event that any transaction or attempted transaction relating to any item, good or service which violates this User Agreement or applicable law comes to your knowledge, you shall take all steps to inform the Website 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 terms, including books, artefacts, 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 Art Treasures Act, 1972 (“the Act”).
Any material you send to the Website will be deemed non-confidential and non-proprietary. This includes any data, questions, comments, suggestions, ideas or other information, material or property. We (or our designees) are entitled to use any or all of it for any purpose, WITHOUT COMPENSATION TO YOU, including for reproduction, disclosure, transmission, publication, broadcast and posting.
We www.healthtzars.com (“Content Owner”) own or license from third parties all Site Content. All Site Content remains the sole property of the applicable Content Owner and is protected under all relevant Copyright, Trademark and other applicable laws. Nothing on the Website should be construed as granting any license or rights to use or distribute any Site Content, without our express written agreement or of the other applicable Content Owner.
Due to the requirement of funds for developing, managing and marketing the Website, www.healthtzars.com reserve the right to approach all advertisers and sponsors for the Website. The Website reserves the rights to display advertisements for its Sponsors, their products and/or services, as well as create and manage applications that carry forward messages speak on behalf of the sponsors, its products, services or affiliates. The inclusion or exclusion of a sponsor’s product/services does not mean that the Website endorses the product or any statement or claims mentioned within the communication. Your usage of the advertisements, or the products advertised is entirely your responsibility.
Without limiting other remedies, the Website 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 Website:
a. If you breach the User Agreement or the documents it incorporates by reference;
b. If the Site is unable to verify or authenticate any information you provide; or
c. If it is believed that your actions may cause legal liability for you, other Users or the Website or its sponsors. The Website 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 Website or use the Website in any manner whatsoever until such time that such User is reinstated by the Website. Notwithstanding the foregoing, if you breach the User Agreement or the documents it incorporates by reference, the Website reserves the right to recover any amounts due and owing by you to the Website and to take strict legal action including but not limited to a referral to the Cyber Crime Division / initiating criminal proceedings against you.
8. Limitation of Liability
In no event shall the Website, 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 Website, its services or this agreement (however arising, including negligence). The website, its primary sponsors, its associates and technology partners make no representations or Warranties about the accuracy, reliability, completeness, correctness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted. Consequently, the Website or its sponsors assumes no liability whatsoever for any monetary or other damage suffered by you on account of:
i. The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the website;
ii. Any interruption or errors in the operation of the Website. You expressly understand and agree that the Website, its primary sponsors, its associates and technology partners 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.
You agree to indemnify and hold us and (as applicable) our parent company, subsidiaries, primary sponsors, 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.
We try to make the Website and its contents reliable, but inaccuracies may occur. Therefore, regardless of anything else on the Website or in these Terms:
• Use of the website is at your own risk
• The website is provided to you “as is”; and
• To the fullest extent permitted by law, we and our related parties:
disclaim all warranties regarding the , and shall not be responsible or liable for any damages due to:
• Statements, errors or omissions in the website;
• Viruses that may be transmitted to your computer;
• Linking to any other site or its nature or contents; or
• Any other matter regarding this site and your use of it
12. Relationship and Notice
None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between you and the Website or its sponsors and you shall have no authority to bind the Website or its sponsors in any manner whatsoever. Except as explicitly stated otherwise, any notices shall be given by postal mail to the Website or its sponsors or to the email address you provide to us during the registration process (in your case). Notice shall be deemed to be 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.
13. Dispute Resolution & Jurisdiction
If any dispute arises between you and the Website owner or its primary sponsors during your use of the Website 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 by the due process of law. The courts in Chandigarh, U.T shall have exclusive jurisdiction to address the issues arising out of this User Agreement.
14. Governing Law
The User Agreement shall be governed and construed in accordance with the laws of India.