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1. These terms apply only to those parts of the website which do not require a digital certificate or other security device or measure for access; references to “website” herein shall be construed accordingly.
3.1. Access to or use of this website or any Content or Services available via it shall be deemed to constitute acceptance by the User of, and agreement by the User to, the General Website Terms.
3.2. If the User accesses the website or receives or uses Content or Services on behalf of any other party (including anybody corporate), that party shall also be bound by the General Website Terms as if that party were a User. The User warrants and represents that he is authorized by any such party to bind that party to the General Website Terms.
4.1. Ownership of all copyrights, database rights, patents, trade or service marks, product names or design rights (whether registered or unregistered), trade secrets and confidential information and any similar rights existing in any territory now or in future (“Intellectual Property Rights”) and similar rights and interests in all domain names, trademarks, logos, branding appearing on the website and all Content, or otherwise relating to the structure of the website and the Services offered by ELS via the website, vests in ELS or its licensors.
4.2. The User may use this website and the Content and Services available via the website only for the purposes reasonably anticipated on this website or as otherwise might reasonably be expected in the course of his relationship with ELS and in accordance with any procedures from time to time in force on the website. The User may not access any areas of the website to which access is indicated to be restricted unless the User has obtained appropriate authorisation from ELS.
4.3. The User may not: (1) use or permit any other party to use all or any part of the website, Content or Services in connection with activities that breach any relevant laws, infringe any third party’s rights, or breach any applicable standards, content requirements or codes; (2) post to, upload to, temporarily store on (if such facility is provided) or transmit through, the website any information, materials or content that might be or might encourage conduct that might be unlawful, threatening, abusive, defamatory, obscene, vulgar, discriminatory, pornographic, profane or indecent; (3) use the website for the purpose of or as a means to send ‘flame’ or ‘spam’ emails.
4.4. The User shall procure the waiver of any moral rights in any information, data or other content or materials posted or uploaded by the User on the website (“User Materials”). The User hereby irrevocably authorizes ELS and its licensees to use any User Materials for all reasonable business purposes, including without limitation copying, amending, incorporating in other materials, publishing or otherwise providing to third parties (and permitting such third parties to use and sub-license the User Materials) anywhere in the world any such User Materials. The User agrees to take any steps (including completing any further document) that may be required in any jurisdiction to give effect to this clause.
4.5. ELS does not warrant or represent that the User’s or any other party’s use of the Content or the Services available via the website will not infringe rights of third parties.
4.6. Users should assume that standard copyright protection applies, unless the article contains an explicit statement to the contrary. This website incorporates some material which are distributed under a Creative Commons license. All persons reproducing, redistributing, or making use of such material are expected to adhere to the terms and conditions of the same.
5.1. The website may contain certain links or references to websites operated by third parties. ELS makes no warranties or representations whatsoever regarding any third-party website which the User may access through this website or which the User may use or access to enable access to or use of this website and any of its Content or Services. Any such website is wholly separate and independent from this website and ELS does not have any control over the content or operation of such website. ELS does not endorse any third-party website, and does not accept any responsibility for the existence, operation, content or use of such website.
5.2. A User may place hyper-links of any unrestricted area of this website elsewhere provided that the User complies with the following terms or any other terms posted on the website from time to time. The User: (1) may link to, but may not, unless with ELS prior written agreement, replicate in any way any Content appearing on the website; (2) may not create a border environment or browser around or otherwise frame any Content or create any impression that the Content is supplied or owned by any party other than ELS; (3) may not present misleading or false information about ELS, its services or Content; (4) may not misrepresent ELS relationship with the linking User (or any third party); (5) may not create any implication or inference that ELS endorses the linking User or its services (or any third party); (6) may not use or reproduce ELS logo, trademarks, or name; (7) may not provide or display any content that could be construed as obscene, libelous, defamatory, distasteful, offensive, discriminatory, pornographic, or inappropriate in any other way; (8) may not display or provide materials, content or anything else that might violate any laws of any jurisdiction or infringe any Intellectual Property Right; and (9) must clearly indicate that the ELS website is operated by ELS and is not controlled by or otherwise associated or connected with the linked website and that ELS terms and conditions apply in relation to any use of the ELS website.
5.3. User must immediately on request remove any link placed in accordance with 5.2. The User shall not permit any third-party aggregator of information to access or retrieve information from this website on the User’s behalf. The User may not in any way run software programs, scripts, macros or similar materials against or in relation to any part of the website as these could endanger, compromise or hamper the stability and operation of the website or infringe rights in or relating to the website or any materials appearing on it.
6.1. The User agrees to comply with any reasonable instructions ELS may issue regarding the website’s security.
6.2. The User must ensure that he does not do anything during or after any access to or use of the website, Content or Services which might result in the security of the website, or the systems or security of ELS or any other users of the website, or any ELS customers or associated or affiliated companies, being compromised.
6.3. The User shall take all reasonable precautions to ensure that communications through the website and his system(s) are not affected by computer viruses or other destructive or disruptive components, and to ensure no such components are transmitted to ELS or the website.
7.1. ELS will use reasonable endeavors to ensure that the Content accurately reflects either (1) the relevant part of ELS’ information or (2) information received from a party other than ELS. ELS does not warrant that the Content is accurate, sufficient, error free, complete or up to date at the time it is accessed. The User should make further enquiries to satisfy himself of the accuracy and completeness of any Content before relying on it. ELS will not be liable for any loss or damage arising out of User’s reliance on Content.
7.2. ELS shall have no liability whatsoever for breach of any implied warranty, term or condition that might otherwise apply including (without limitation) in relation to the operation, quality or fitness for purpose of the website or any Content, User Materials or Service, or the use of reasonable skill and care.
7.3. The User is responsible for the accuracy and completeness of any user materials. The User shall ensure the User Materials do not infringe any Intellectual Property Right or other right of any third party and are not defamatory, unlawful, immoral or otherwise likely to breach or infringe any right or requirement or to give rise to any claim for loss or damage by any third party. The User warrants to ELS that the User will not use the Website for any purpose that is prohibited by the General Website Terms or is unlawful. The User will not use the Website in any manner which could damage, disable, overburden or impair the Website or its contents or interfere with any other party's use and enjoyment of the Website.
7.4. ELS controls and operates this website from India and makes no representation that the materials are appropriate or will be available for use in other locations. Upon any use of this website from outside India, the User is entirely responsible for compliance with all applicable local laws.
8. Information pertaining to any product/service on this website is provided by us for general purpose only. It may vary from country to country and does not imply that such product or service is necessarily available in the country of the User. The product information mentioned in the site is not intended for providing comprehensive medical information, neither to be used as an alternative to doctor consultation.
9.1. ELS’s email communication including any attachment(s) thereto is confidential and may also be privileged. It is intended solely for the addressee. If the User is not the intended recipient, the User is hereby notified that any disclosure, copying, distribution or taking any action in reliance on the contents of the email information and attachment is strictly prohibited and may be unlawful. If the User has received the message in error, the User is requested to delete it from his/her system and notify the sender immediately.
9.2. ELS cannot guarantee the security and safety of its email communication and/or the attachments therein. The User is responsible to perform necessary security checks before relying on the contents of the email communication. ELS shall not be liable for the improper transmission of its email communication and/or the attachments therein nor for any damage sustained as a result of its email communication and/or the attachments therein.
10. The User shall indemnify and hold harmless ELS and its affiliates, associates and agents and other persons involved in the creation of this Website against any claims, losses, actions, proceedings, damage or other liabilities whatsoever (including damages or compensation paid by ELS to compromise or settle a claim), and all legal costs or other expenses, suffered by ELS or its affiliates and associates which arise out of or relate to the User’s use of this Website or any acts committed by the User in violation of applicable laws and the General Website Terms. This indemnification includes, without limitation, any actual or potential breach by the User of its obligations under the General Website Terms, liability relating to infringement of Intellectual Property Rights, defamation, invasion of privacy, trademark infringement and breach of the General Website Terms.
11. ELS shall be under no liability whatsoever in the event of non-availability of any portion of the Website occasioned by a Force Majeure Event. A “Force Majeure Event” shall mean any event that is beyond our reasonable control and shall include, without limitation, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, unauthorized access to computer data and storage device, computer crashes, breach of security and encryption, etc.
12. ELS, its affiliates, associates and agents shall have no liability whatsoever in respect of the use of the Content, Services or website, howsoever arising.
13. Subject to the provisions of this Agreement, ELS may at any time and without notice or liability change, interrupt, improve or remove Content or any Services available via the website, or the General Website Terms.
14. The General Website Terms and any dispute or claim arising under it, shall be subject to, governed by and interpreted in accordance with the laws of India without regard to the choice or conflicts of law provisions of any jurisdiction. The User agrees that any dispute, claim, legal action, proceedings, matter of construction or arising out of the General Website Terms or in connection with the General Website Terms, whether in contract or tort or otherwise, may be brought exclusively in the competent courts/ tribunals having jurisdiction in Mumbai and irrevocably submit themselves to the jurisdiction of such courts/ tribunals.
15. ELS affiliates, associates and agents (“Relevant Third Parties”) shall have the benefit of all provisions of the General Website Terms which are expressed to be for their benefit, as well as the law and jurisdiction clause. In entering into the General Website Terms, ELS does so (to the extent of such provisions) not only on its own behalf but also as agent and trustee for such persons.
16. If any of the provisions of the General Website Terms are deemed invalid, void, or for any reason unenforceable, that part of the General Website Terms will be deemed severable and will not affect the validity and enforceability of any remaining provisions of the General Website Terms.
17.1. Use of this website or of the Content or Services may be subject to certain legal or regulatory requirements in particular jurisdictions. The User may only access or use the website, Content or Services to the extent such access or use is permitted in the jurisdiction in which he accesses or uses the website, Content or Services.
17.2. ELS will not be liable for any loss (including without limitation loss of profit), damage, delay or failure in-performing any of its duties relating to the General Website Terms caused in whole or in part by the action of any government or governmental agency, natural occurrence, law or regulation (or any change in the interpretation thereof), injunction, currency restriction, sanction, exchange control, industrial action (whether involving its staff or not), war, terrorist action, equipment failure, interruption to power supplies or anything whatsoever beyond its reasonable control. The General Website Terms supersede all previous agreements, communications, representations and discussions
17.3. The General Website Terms supersede all previous agreements, communications, representations and discussions between ELS and the User relating to the website. No party will have a right of action against ELS arising from any previous agreement, communication, representation and discussion in respect of the website and neither party has relied on any terms, warranties, representations or conditions other than those expressly stated in the General Website Terms. No modification or waiver of the General Website Terms shall be binding on ELS unless it is in writing and agreed by an authorized representative of ELS.
17.4. References in the General Website Terms to ‘in writing’ or ‘written’ include communication by email or other electronic form. References in the General Website Terms to the singular include the plural and vice versa.
17.5. The rights of ELS under the General Website Terms may be exercised as often as necessary and are cumulative and not exclusive of its rights under any applicable law. Any delay in the exercise or non-exercise of any such right is not a waiver of that right.
17.6. The User may not assign, part with or otherwise transfer any right or benefit under any provision of the General Website Terms without ELS’ prior written consent.
17.7. ELS may assist or co-operate with authorities in any jurisdiction in relation to any direction or request to disclose personal or other information regarding any User or the use of the website, Content or Services.
17.8. The General Website Terms may be varied or rescinded without the consent of the User and/or any Third Party.