Welcome to BioDHA web sites owned and operated by BioDHA. (“BioDHA”). This Agreement contains the terms, covenants, conditions and provisions (the "Terms and Conditions") upon which you (the "User" or "You") may access and use these Sites. By visiting BioDHA website, you hereby acknowledge, accept and bound by these Terms and Conditions. Your continued use of the Sites shall constitute your affirmative acceptance of the Terms and Conditions of this Agreement.
1. Grant of Access: This Agreement provides You with a personal, revocable, nonexclusive, nontransferable access to use these Sites conditioned on your continued compliance with the Terms and Conditions of this Agreement. You may print and download materials and information on these Sites solely for personal and noncommercial purpose, provided that our copyright and other applicable notices are not removed. You may not modify, create derivatives of, copy, distribute, broadcast, transmit, reproduce, publish, license, transfer, sell, or otherwise use any information or material for exploiting any commercial purposes obtained from or through these Sites. Further, You shall not post any content of our Sites to forums, newsgroups, list serves, mailing lists, electronic bulletin boards, blogs, wikis, or other web sites, without the prior written authorization of BioDHA. You hereby warrant to BioDHA that You will not use these Sites for any unlawful or prohibited purposes as per the Terms and Conditions, including but not limited to attempting or actually (i) disrupting, impairing or interfering with BioDHA, or (ii) collecting any information about other users, including personal URLs, accounts or other information.
2. Nature of Service. THESE SITES DO NOT PROVIDE OR OFFER PERSONALIZED MEDICAL DIAGNOSIS OR PATIENT-SPECIFIC TREATMENT OR HEALTHCARE ADVICE. The Site is all about an educational and informational service for healthcare professionals. Neither the content nor any other service offered by or through BioDHA or these Sites are intended to be relied on for medical advice, diagnosis or treatment. Please contact a Doctor who is in the best position to assess and provide information about your medical condition and any treatment options. Never disregard medical advice or delay in seeking it because of something You have read on these Sites.
3. Links to Other Sites. These Sites are an educational and informational service that provides You with access to materials and information that reside on sites owned or controlled by BioDHA.
4. Code of Conduct.
You hereby agree NOT TO:
Restrict or inhibit any other User from using and enjoying these Sites. This includes, Interfere (or attempt to interfere) with the operation of these Sites. This includes, without limitation, interfering with, defeating, or circumventing any security function of these Sites, or attempting to do so.
Use these Sites to post, store, or transmit any information or software that contains a virus, worm, Trojan horse, or other harmful or disruptive component.
Use these Sites for any unlawful purpose or in any other manner that could damage, disable, overburden or impair these Sites.
Post or transmit through the Sites any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, fraudulent, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable local, state, national or international law.
Modify, adapt, license, translate, resell, retransmit, reverse engineer, decompile or disassemble any portion of these Sites.
5. Intellectual Property Rights. All Brand names, Trademarks, Designs, Trade Dress used and appearing on the Sites, except those specifically excluded by reference, belong exclusively to BioDHA and their associates. All rights, title and interests accruing from the same, statutory or otherwise wholly and absolutely vest with BioDHA and their associates. Any use of BioDHA’s Trademarks without prior written approval would constitute an offence under the laws of India and International treaties governing the same. BioDHA owns a copyright in these Sites as a collective work and/or compilation, and in the selection, coordination, arrangement, and enhancement of these Sites content, and in original content created by and for BioDHA, except as expressly provided herein, BioDHA does not grant any express or implied right(s) to Users of these Sites. Removing or altering the copyright notice on any material on these Sites is prohibited.
The following trademarks: “ BioDHA ” Personal Edition,"the BioDHA logo”, and all other brands, trademarks, names, logos and icons identifying BioDHA products and services are proprietary marks of BioDHA.
7. DISCLAIMERS. WHILE BIODHA ENDEAVORS TO KEEP THE INFORMATION UP TO DATE AND CORRECT, BIODHA HEREBY MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE COMPLETENESS, ACCURACY, TIMELINESS, RELIABILITY, LEGALITY, SUITABILITY OR AVAILABILITY WITH RESPECT TO THE SITES OR THE INFORMATION, PRODUCTS, SERVICES, OR RELATED GRAPHICS CONTAINED ON THESE SITES. BIODHA RESERVES ITS RIGHT TO MAKE MODIFICATIONS AND/OR CHANGES IN THESE SITES OR ANY INFORMATION AVAILABLE ON THESE SITES AT ANY TIME, FOR ANY REASON.
EVERY USER WHO VISITS THIS SITE DOES SO AT HIS OR HER OWN RISK. NEITHER BIODHA NOR OUR AFFILIATES, NOR ANY OF OUR OFFICERS, DIRECTORS, OR EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, MERCHANTS, SPONSORS, LICENSORS, SHAREHOLDERS, PREDECESSORS, SUCCESSORS AND ASSIGNS SHALL BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL, INDIRECT DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THESE SITES OR WITH THE DELAY OR INABILITY TO USE THESE SITES; WITHOUT LIMITING THE FOREGOING, THE MATERIALS/INFORMATION IN THIS SITES ARE PROVIDED “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY.
8. Indemnification. You agree to defend, indemnify, and hold harmless BioDHA and its affiliates and all their Directors, employees, officers, partners, representatives, shareholders, servants, attorneys, predecessors, successors, and assigns, from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys' fees and litigation expenses), relating to or arising from your improper use of the Sites or use of materials/information, or any breach by You of these terms and conditions by You including, without limitation, copyright and trademark infringement, obscene or indecent postings, and on-line defamation. You will be required to completely and fully indemnify BioDHA for its losses. BioDHA reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You and You shall not in any event settle any matter without the written consent of BioDHA. You agree to cooperate as fully as reasonably required in BioDHA's defense of any claim.
9. Termination. If you no longer agree to be bound by the terms and conditions of use, You must cease your use of these Sites. Subject to applicable law, BioDHA shall reserve its right to suspend or deny, at the sole discretion of BioDHA, your access to all or any portion of the Sites with or without notice to You. You further agree that BioDHA shall not be liable to You or any third-party for any termination of your access to the Sites.
10. Governing Law. These Sites are controlled by BioDHA from its offices within India regardless of where the hosting servers are located and can be accessed from any other countries worldwide. Since the laws of each State or country able to access the Sites may differ, by accessing the Sites both You and BioDHA agree that this Agreement will be construed and enforced in accordance with the Statutes and Laws of England and Wales, regardless of where the hosting servers are located and without regard to choice of laws principles. Any action to enforce this Agreement will be brought in the federal or state courts presiding in the United Kingdom and all parties to this Agreement expressly agree to be subject to the jurisdiction of such courts. BioDHA makes no representation that materials on these Sites are appropriate or available for use in other locations, and access to them from territories where any of the contents of these Sites are illegal and is prohibited. Those who choose to access these Sites from other locations do so at their own volition and are responsible for compliance with applicable local laws.
11. Waiver. Failure to insist on strict performance of any of the Terms and Conditions of this Agreement will not operate as a waiver of any subsequent default or failure of performance. No waiver by BioDHA of any right under these Terms and Conditions will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.
12. Severability. If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect.
13. Relationship. No joint venture, partnership, employment, or agency relationship exists between You/User and BioDHA as a result of this Agreement or You/User's utilization of these Sites
15. Effective Date and Changes to Agreement. The foregoing Agreement is effective as of July 2012. BioDHA reserves its right to change this Agreement at any time without notifying Users of the existence and location of the new or revised Agreement. Your continued use of the Sites shall constitute your acceptance of any such changes to this Agreement.
16. Survival. You agree that Sections 4 and 5 through 16 shall survive any termination of your rights of access to the Sites.