Terms & Conditions

MAMAXPERT – TERMS & CONDITIONS

Welcome to the Cipla Health Limited’s (“CHL”) Mamaxpert website “www.mamaxpert.in”. These terms of use set out the Terms and Conditions for use or access of this Site (“Terms and Conditions”) by any individual (“User”). CHL may modify these Terms and Conditions or discontinue the Site at any time without any prior written notice. Any reference to the Terms and Conditions will mean a reference to the Terms and Conditions as amended or modified. The Site and its contents are designed to comply with the laws and regulations of India. Although accessible in other parts of the world, the Site and its contents are intended for access and use by Indian residents only.

This Site is not intended to establish Doctor-Patient relationship. CHL (which term includes its affiliates, successors and permitted assigns) neither takes responsibility nor guarantees regarding the prescription of any drugs/treatment. The healthcare professionals whose names are displayed on this Site are independent and in private practice and are neither employees nor agents of CHL. CHL takes no responsibility as to the qualifications or authenticity of these healthcare professionals or the correctness of medical advice they provide. Any information on this Site relating to name, address, content, material of any healthcare professionals does not constitute any endorsement or recommendations or advice of CHL and the User is required to verify authenticity and credibility of the information.

Collection of Personal Information

The Website is not designed to collect and/or receive any personal information belonging to you by itself. CHL is not able to identify you personally unless you access Website and/or provide any personal information.

Active collection of information: CHL collects personal information that you enter into data fields on CHL Web sites. For example, you may submit or share your name, postal address, e-mail address, profession, photograph, medical records and/ or other personal information in order to receive information about various subjects and services wherever applicable. To protect your privacy, please do not provide CHL with any information that is not specifically requested. When you register using your other accounts like on Facebook, Twitter, Gmail etc. we shall retrieve information required for your registration from such account to continue to interact with you and to continue providing the services, wherever applicable.

1. Acceptance of the Terms and Conditions: Access to and use of this Site is subject to the Terms and Conditions as set out herein and all applicable laws. By accessing and browsing this Site, it is deemed that the User has read, understood and accepted, without limitation or qualification, the Terms and Conditions set out herein. The User also acknowledges that any agreement with CHL, to the extent they conflict with these Terms and Conditions are superseded and of no force or effect. If you do not agree to the Terms and Conditions, you may not access or use this Site. Therefore, any User or Service Provider who uses or accesses the Site from within India or outside India shall use or access the Site entirely at his/her own risk and remain responsible for compliance with the laws of his/her jurisdiction.

2. Use of Information: User will use the Information only as a reference aid, and that such material is not intended to be (nor should it be used as) a substitute for the exercise of professional judgement. In view of the possibility of human error or changes in medical science, User should confirm the Information through independent sources. The User may freely browse the Site, but may only access, download or use information from this Site, including any text, sound, images, audio and video (collectively: “Information”) for strictly non-commercial use. The User may not distribute, modify, transmit, reuse, repost or use the Information for commercial purposes, without written permission of CHL. You should assume that everything you read or see on this Site is copyrighted according to applicable laws, unless otherwise noted; and may not be used except as laid down in these Terms and Conditions. CHL neither warrants nor represents that the use of the Information will not infringe any rights of third parties. Use of this Site does not confer any license or right to the Information or any copyright of CHL. The trademarks, logos, service marks displayed on the Site (collectively the “Trademarks”), are registered and unregistered trademarks of CHL or CHL. Nothing in this Site should be construed as granting any license or right to use any Trademarks or Information without the prior written permission of CHL or CHL.

3. Medical Information: Information relating to any products or medical devices on this Site (collectively the “Products”) is provided by CHL for general information purposes only. All products are available only in India and only upon prescription from a qualified doctor or medical professional. Products may not be available in all countries or may be available under a different brand name, in different strengths, or for different indications.

4. Video Disclaimer: The Information may be transmitted through electronic media (including without limitation, videos, interviews of physicians and healthcare professionals), articles. This Information provided through such sources are the views of the individual expressing them and are not under the direct or indirect control of CHL. Inclusion of any such Information, through any electronic mode, does not imply endorsement by CHL of the information provided therein.

5. Disclaimer of Liability: The Information, software, Products and services, included in or available through the Site may include inaccuracies or typographical errors. CHL assumes no liability or responsibility for any such errors and hereby disclaims all warranties and conditions, including all implied warranties and conditions of merchantability, fitness, title, completeness and non-infringement with regard to the aforementioned information. For the purposes of this clause, a reference to CHL shall also deem to include a reference to the affiliates, directors, officers, employees, consultants of CHL. CHL cannot guarantee that the information on this Site is accurate, complete or up-to-date. While CHL intends to make every attempt to keep the information in this Site current, the owners of and contributors to this Site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in this Site. Since advice must be tailored to the specific circumstances of each case, nothing on this Site should be used as a substitute for the advice of competent Medical Practitioner. User should always consult a doctor or other qualified healthcare professional regarding any questions about his/her health, any specific medical problem/issue or before making any treatment decisions.

6. User Information: Any communication or material that the user transmits or posts on the Site by electronic mail or otherwise, including any personal data, questions, comments, suggestions (“User Information”), is and will be treated as non-confidential and non-proprietary information and shall become the property of CHL. CHL, or any of its affiliates, may store or use the User Information for any purpose whatsoever, including but not limited to, reproduction, disclosure, transmission, publication, broadcast or further posting, without any compensation to the user. The user also expressly acknowledges that CHL, or any of its affiliates, are free to store, use any ideas, concepts, know-how or techniques contained in any User Information, for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products, without any compensation to the user. In case of a change in control of CHL, CHL reserves the right to transfer the User Information to the new party. Notwithstanding the above, the Users are prohibited from altering the Site or posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, profane material that could constitute or encourage conduct that would be considered a criminal offence, give rise to a civil liability or otherwise violate any law. CHL will cooperate with any law enforcement authorities or court order requesting or directing CHL to disclose the identity of anyone posting such information or materials. The user agrees to indemnify and hold CHL, its affiliates, directors, employees, consultants harmless from any claim, demand or damage, including reasonable attorney fees due to or arising out of the users conduct on CHL.

7. Links: The Site may contain links to third-party websites, which are provided as a convenience to the users. The tools do not give professional advice or recommend particular products. Physicians and other healthcare professionals should exercise their own clinical judgment as to the information they provide. Users do so at their own risk. The links are not under the control of CHL, and inclusion of any link does not imply endorsement by CHL of such website. CHL or any of its Affiliates, Directors, employees, officers, consultants make no claim, and are not responsible for, any information found in such third-party websites. The personal data collected through such links are through the third-party websites and CHL is not collecting or storing any such personal data in its server. CHL shall not be responsible in any ways for any data breach or any claims which happens through such third-party websites or plugins.

8. Non-transferrable: Users’ right to access the Site and related websites is strictly non-transferrable. Any password, right or access given to a user to obtain information or documents is not transferrable and remains the exclusive property of CHL.

9. No Advice: The Site is designed to provide general information. The Site does not intend to provide an offer to invest in CHL (or any of its Affiliates) or medical advice, nor does it provide instructions on the appropriate use of the Products. 10. Limitation of Liability: CHL (a) does not warrant the accuracy, completeness, currency or non-infringement of the Information provided in the site hereunder; and (b) expressly disclaims all warranties and conditions, express, implied or statutory, including without limitation the implied warranties or conditions of merchantability, fitness for a particular purpose, and non-infringement. While the Information has been obtained from sources believed to be reliable, neither CHL nor CHL’s content providers warrant the accuracy of the Information. The User shall obtain expert advice before relying on any Information. The use of the Site is at the risk of the User. In no event shall CHL or any of its affiliates, directors, employees, officers, consultants, be liable for, directly or indirectly, any damages of any kind or nature, including without limitation, direct, indirect, incidental, consequential, or any claims or losses, whether foreseeable or not; or whether the User has been informed of the possibility in advance, resulting from or in connection with the creation or use of, or reliance in the Site, any other third-party site, the links contained in any site or the inability to use the Site. This limitation includes damage to your computer equipment or any viruses that may infect your computer equipment. The interactive nature of postings on the Site makes it impossible for CHL to assume responsibility for any of the materials posted by Users. The ideas, suggestions, opinions, comments, and observations made by Users, and any text, data, photographs, video, music, sound, chat, messages, files or other material provided by Users (“User Submissions”) are not endorsed by CHL, and CHL makes no guarantee regarding the reliability, accuracy, or quality of any User Submission that is posted on the Site. User shall evaluate and bear any risks related to the use of any User Submission, including any reliance on the accuracy, completeness, or usefulness of such User Submission. All User Submissions posted to the Site are the sole responsibility of the person who originally posted the User Submission, and Users’ sole recourse for any damage, loss, claim, action or liability as a result of such User Submissions shall be against the individual User. Users shall be solely responsible for their own User Submissions and the consequences of posting or publishing them. Users shall retain all ownership rights in their respective User Submissions. However, by submitting the User Submissions on the Site, Users hereby grant CHL a perpetual, worldwide, non-exclusive, royalty-free, sublicense-able, transferable right and license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Site and CHL’s business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media now known or hereafter developed. The foregoing license granted by Users shall automatically terminate upon removal or deletion of the User Submission from the Site. If Users choose to post User Submissions on the Site, User represent that such User Submission is in adherence to applicable laws, generally accepted rules of etiquette and standards of behavior. Users’ use of the Site shall reflect their respect for the legal rights of Users connected with CHL. Users understand that CHL does not guarantee any confidentiality with respect to any User Submission, and specifically release CHL from any liability whatsoever in this regard. CHL expressly disclaims any and all liability in connection with User Submissions. CHL reserves the right to remove Content and User Submissions in its sole discretion and without prior notice. CHL also reserves the right to terminate a User’s access to the Site at any time, at its sole discretion and without prior notice. CHL or its directors, employees or agents, will not be responsible/ liable for any loss, damage, injury caused to a User arising out of use of the information on this Site, including legal action arising out of medical negligence or other third-party action due to professional misconduct or omissions/acts of Service Providers. Also, CHL or its directors, employees or agents, will not be responsible/ liable for any loss or damage caused to a Service Provider as a result of any claim made by the User including any legal action arising out of professional misconduct or violation of applicable laws governing the profession of the Service provider. The provision relating to the absence of liability of CHL, survives the expiration or termination of these terms and use for any reason whatsoever. CHL disclaims any warranties express or implied connected with use of the information on the Site including its quality, availability or accuracy.

11. Copyright Notice: This Site and its entire content are subject to copyright protection. The contents of the Site should not be copied in any circumstances without the prior express consent of CHL. Except as expressly authorized herein, the User should not display, download, distribute, reproduce, republish, or transmit any information, text, images, documents contained in the Site, without the express prior written consent of CHL. However, the User can download any materials from the knowledge database contained in the “Download” section of the Site which can be accessed through a username and password. All the content from such download shall always be acknowledged and attributed to CHL. The use of any content from the Site, without proper citation, is strictly prohibited and infringes on the intellectual property rights and may subject the User to civil and criminal penalties, including possible monetary damages, for copyright infringement. Any content, trademark(s), or other material that may be found on the Site that is not CHL’s property remains the copyright of its respective owner(s). In no way does CHL claim ownership or responsibility for such items, and you should seek legal consent for any use of such materials from its owner. User must first seek prior written permission from CHL if the User intends to use any Information or incorporate portions of the Information into a different website. The User is not allowed to link to CHL’s Site if the User is engaged in the publication or promotion of illegal, obscene, or offensive content, or if the link in any way negatively impacts the reputation of CHL.

12. Miscellaneous: If any provision of the Terms and Conditions is held by a court of competent jurisdiction to be unlawful, invalid or void, the remaining provisions of the Terms and Conditions shall remain in full force and effect.

13. Governing Law: This Site is created and controlled by CHL in Mumbai (India); as such the laws of India shall apply; and courts in Mumbai only shall have jurisdiction in respect of the Terms and Conditions. CHL reserves the right to unilaterally change the terms of use of the Site and information without notice as may be required from time to time. Users are advised to read the terms for regular updates each time they visit the Site. CHL reserves the right of deleting any information contained on the Site without notice for any reason whatsoever.

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