|Heal&Health allows you to access its website (www.healandhealth.com) and all the content in it on certain terms and conditions specified below. By accessing or subscribing to any part of this site, you are explicitly agreeing to the terms and conditions below. These terms and conditions were updated as on January 1, 2010, and Heal&Health reserves all rights to change, modify or alter these terms and conditions at any point of time with or without notifying existing users and subscribers. If you do not agree to the new terms and conditions you should not use the healandhealth.com.|
|The references in these terms and conditions to “H&H” (or “we”, “us” or “our”) refer to the company Heal&Health or any associate/subsidiary concern that may be operating the website www.healandhealth.comand its associate sites.|
|From time to time HealandHealth.com may run competitions, prize schemes, promotions and surveys on its websites. These may be subject to additional terms and conditions that will be specified at the time they are run.|
|1) Access to H&H|
|All content – textual, still pictures, graphs, voice or video – made available on H&H sites (including content available on our email newsletters and SMS services) (hereinafter referred to as the “content”) belongs to H&H or its content partners or licensors. H&H or its partners/licensors own all intellectual property rights (including copyright and database rights) in the content. You may retrieve and view content on a computer screen, PDA or mobile telephone, print individual pages on paper (but not photocopy them) and store such pages in electronic form on disk or on your mobile telephone (but not on any server or other storage device connected to a network) for your personal, non-commercial use. You may also email articles to a maximum of five individuals using our ‘email this’ service.|
|You may not use the H&H sites for any unlawful purpose. Except as indicated above, you may not reproduce, publish, broadcast, transmit, modify, adapt, create derivative works of, store, archive or in any way commercially exploit any of the content. Without limitation, you may not do any of the following without prior written permission from H&H (and neither may you allow a third party to do any of the same|
|2) Reprint and republication rights|
|Requests to republish or redistribute content should be addressed to H&H’s syndication service team at admin[at]healandhealth.com.|
|3) Links to H&H Sites|
|If you would like to link H&H site, please read and comply with the following guidelines and all applicable laws. A site or service that links to a H&H site:|
|H&H expressly reserves the right to require that any link in breach of these terms and conditions be removed and to take whatever other action it deems appropriate. You can send a mail to admin[at]healandhealth.com|
|If you provide H&H with an email address that will result in any emails or SMS messages from H&H being sent to you via a computer network or telephone operated or owned by a third party (e.g. your employer or your institution) then you warrant that you are entitled to receive those messages. You also agree that H&H may refrain from sending messages to you without notifying you, even if you have subscribed to receive them, if we receive a request from a third party to stop sending emails or SMS messages to you.|
|5. Technical requirements and site security|
|The H&H Sites are best viewed using the Internet browser IE 5.5 or higher versions. Any older browser versions may work but users could have a limited browsing experience. The H&H site may not work well with Netscape versions.|
|6. Warranties and limitation of liability|
|The H&H content is for your general information and use and is not intended to address your particular treatment or requirements. In particular, the content does not constitute any form of advice, recommendation, representation, endorsement or arrangement by H&H and is not intended to be relied upon by users in making (or refraining from making) any specific investment or other decisions. Appropriate independent advice should be obtained before making any such decisions. Any agreements, or other arrangements made between you and any third party named on (or linked to from) the H&H sites are at your sole risk and responsibility. Any information that you receive via the H&H sites whether or not it is classified as “real time”, may have ceased to be current by the time it reaches you and share price information may be rounded up/down and therefore will not be entirely accurate. H&H is not responsible for any use of the content by you outside its scope as stated in these terms and conditions.|
|WHAT WE DO NOT GUARANTEE|
|H&H DOES NOT GIVE ANY WARRANTIES IN RESPECT OF THE H&H SITES. TO THE EXTENT ALLOWED BY APPLICABLE LAW, H&H HEREBY DISCLAIMS ALL OTHER WARRANTIES, CONDITIONS OR DUTIES OF EVERY NATURE WHATSOEVER (EXCEPT ANY DUTIES OF GOOD FAITH), INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE, ANY EXPRESS OR STATUTORY WARRANTIES, AND ANY WARRANTIES OR DUTIES REGARDING ACCURACY, TIMELINESS, COMPLETENESS, PERFORMANCE, AVAILABILITY, LACK OF NEGLIGENCE OR OF WORKMANLIKE EFFORT. NEITHER DO WE PROVIDE ANY WARRANTY THAT THE H&H SITES ARE FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES.|
|OUR LIABILITY EXCLUSION|
|TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, YOU AGREE THAT H&H WILL NOT BE LIABLE TO YOU FOR ANY LOSSES WHICH RELATE TO YOUR BUSINESS OR INVESTMENT CHOICES OR WHICH ARE NOT A DIRECT CONSEQUENCE OF YOUR USE OF THE H&H SITES (INCLUDING LOST PROFITS OR LOSS OF PRIVACY OR LOSS OF OR DAMAGE TO DATA) OR WHICH ARISE AS A RESULT OF YOU USING THE H&H SITES OUTSIDE THE SCOPE OF THESE TERMS AND CONDITIONS.|
|IN ADDITION TO BUT SEPARATE FROM THE ABOVE SPECIFIC EXCLUSION AND TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, YOU ALSO AGREE THAT H&H WILL NOT BE LIABLE TO YOU FOR ANY OTHER INDIRECT, SPECIAL, CONSEQUENTIAL INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF THE H&H SITES.|
|H&H SHALL USE REASONABLE ENDEAVOURS TO PROMPTLY REMEDY ANY FAULTS IN THE H&H SITES OF WHICH IT IS AWARE.
YOU AGREE THAT YOUR ONLY OTHER REMEDY (INCLUDING FOR NEGLIGENCE) FOR ANY DAMAGES THAT YOU INCUR ARISING OUT OF YOUR USE OF THE H&H SITES (TO THE EXTENT THAT H&H’S LIABILITY IS NOT EXCLUDED BY THIS SECTION 5) IS AS FOLLOWS:
IF YOU HAVE SUBSCRIBED TO RECEIVE ANY PAID FOR SERVICES, YOUR REMEDY IS LIMITED TO THE DIRECT DAMAGES YOU ACTUALLY INCUR ARISING OUT OF YOUR USE OF THE H&H SITES. THIS IS SUBJECT TO A LIMIT EQUAL TO THE ANNUAL FEE (OR ANY OTHER PERIOD) PAID BY YOU TO H&H PURSUANT TO THESE TERMS AND CONDITIONS DURING THE YEAR IN WHICH THE DAMAGE IS INCURRED. YOU MAY AT YOUR OPTION RECEIVE PAID SERVICES TO THE EQUIVALENT VALUE OF THIS LIMIT IN PLACE OF MONETARY DAMAGES.
IF A COURT OF COMPETENT JURSIDICTION DETERMINES THAT EITHER OF THE ABOVE LIMITS ON OUR LIABILITY ARE UNENFORCEABLE, THEN YOU AGREE THAT IN ANY EVENT OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED DAMAGES GREATER THAN THE VALUE OF THE RELEVANT ANNUAL SUH&HCRIPTION FEE.
|Without limiting the above, H&H is not liable for matters beyond its reasonable control. H&H does not control telephones, third party communications networks (including your Internet Service Provider) or the Internet or the acts of third parties.|
|7. Third party sites and services|
The H&H sites contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the H&H sites comply with international and national law. H&H will not be responsible for any error or inaccuracy in advertising or sponsorship material.
|8. Choice of Law and Jurisdiction|
|These terms and conditions shall be governed by, and construed in accordance with laws of the Government of India. Users of H&H websites also explicitly agree that only courts in New Delhi, India shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these terms and conditions, and for those purposes irrevocably submit all disputes to the jurisdiction of Indian courts.|
|You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions.
If any provision of these terms and conditions is found to be invalid by any Indian court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect.
Failure by either party to exercise any right or remedy under these terms and conditions does not constitute a waiver of that right or remedy. Headings in these terms and conditions are for convenience only and will have no legal meaning or effect.
|10. Paid services|
|H&H operates several paid banner services. By subscribing to receive any of these services, as well as the above terms and conditions, you are also agreeing to the following terms:|
|11. Write to H&H|
|Email author[at]healandhealth.com, all your communication, including notices and legal communications, should be addressed to The Author, Heal&Health.|
|12. Changes to Terms and Conditions|
|These terms and conditions are effective from January 1, 2010.|