The domain name healthheal.in (the “Site”), maintained and operated by Canadian Global Life and Educare Private Limited (the “Company”). The terms and conditions set out below (the “Conditions”) apply to the use of the Site, including the use of information services offered on the Site by any person accessing the Site (the “ User”).
In accessing, using, viewing, transmitting, caching or storing this Site or any of its services, functions, materials or contents, the User shall be deemed to have agreed to each and all the Conditions and notices displayed on this Site as amended from time to time. It is clarified that the Company and other third party vendors listed on the Site (the “Sellers”) will have the right to display notices on the Site for the reference of Users. Further, the User agrees to be bound by these Conditions and is therefore requested to carefully read this section before proceeding. If the User does not accept these Conditions, the User must refrain from using the Site. These Conditions must be read in conjunction with any other applicable terms and conditions governing the use of the Site.
The Company reserves the right to change these Conditions from time to time. By continuing to use the Site after changes are posted the User agrees to be legally bound by such modified Conditions as updated and/or amended.
The Site contains the Company’s trade and service marks and devices, including the words “Health Heal”, and other valuable trade or service marks owned by the Company or licensed to the Company, to distinguish its services and products (collectively referred to as the “Company Marks”). The Company Marks are protected from copying and simulation under national and international laws and may not be reproduced, copied or used in any other manner whatsoever, on any material, whether tangible or intangible, without the express prior written consent of the Company. Without limitation, the User must not use any Company Marks or a variation thereof, either alone or in conjunction or as a combination with any other trade or service marks, logos and devices:
in or as the whole or part of any trade marks owned, licensed or being used by the User;
in connection with activities, products or services which are not undertaken or provided by the Company;
in a manner which may be confusing, misleading or deceptive; or
in a manner that disparages the Company or its information, products or services (including this Site).
Trade and service marks and devices not forming a part of the Company Marks, but included on the Site (the “Third Party Marks”) shall belong to the respective owners of such Third Party Marks. The User acknowledges that the use and display of such Third Party Marks are subject to the rights of the owners of the Third Party Marks.
The information, text, graphics, images, sounds, links and all other information and software published or otherwise contained on the Site (“Information”; and together with the Company Marks, the “Intellectual Property”) are either owned exclusively by the Company or licensed to the Company and may not be copied, distributed, displayed, reproduced or transmitted in any form or by any means, whether electronic, mechanical, photocopying, recording or otherwise, without the prior written approval of the Company.
Without limitation, the User may not, without such approval from the Company, create derivative works from any part of the Site or commercialise any Information, obtained from any part of the Site. Information procured from a third party may be the subject of copyright owned by that third party. Unauthorised use of the Site, and/or the contents of the Site may violate applicable copyright, trademark or other intellectual property laws or other laws. The User must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials. The use of such materials on any other website or in any environment of networked computers is strictly prohibited.
The Site is for the User’s personal non-commercial use and the Information may be downloaded or printed by the User solely for that purpose. The User is responsible for maintaining the secrecy of your passwords, login and account information. The User will be financially accountable for any use of the Site by him/her/it and anyone using the User’s password and login information. This right to use the Information is a limited, non-exclusive, non-transferrable, non-assignable, time-bound, non-sub-licensable, revocable license only, and is subject to the following restrictions:
the Information may not be used for any commercial purpose or public display, performance, sale or rental;
no copyright or other proprietary notices may be removed;
the Intellectual Property may not be transferred to another person;
the software may not be interfered with in any manner;
every person downloading, reproducing or otherwise using the Information must prevent any unauthorised copying of the Information;
the User shall only use the Information for lawful purposes and in accordance with these Conditions;
the User shall not frame or utilise framing techniques to enclose any Intellectual Property;
the User shall not collect and use any product listings, descriptions, or prices for the benefit of other merchants, including direct and indirect competitors of the Company; and
the User shall not use any metatags or any other hidden text utilising the Site’s or the Company’s name or trademarks without the express written consent of the Company.
The User shall pay all costs and charges, including phone charges and telecommunications equipment costs, that the User incurs in order to access or use the Site, services and Information. The User must adhere to all limitations on dissemination, usage and reproduction of any Intellectual Property that the User downloads from the Site that is subject to such limitations. The User agrees to use the Site only to access, utilise, and receive Information in an appropriate manner and purchase or hire products being offered by the Company on the Site as being accessed or used by the User.
If the User is required to establish an account / provide information to access the information on the Site or to purchase or hire any products with the use of the Site, the User must complete the designated registration process to obtain the Intellectual Property or purchase or hire any products as the case may be. All required registration information that the User provides must be current, complete and accurate and kept up to date on a prompt, timely basis. If required, the User must also choose a user name and password for such account. It is your sole responsibility to keep the User’s account number, username, password and other sensitive information confidential3. Products, information and services provided by third parties that are sold or offered for hire on the Site (collectively, the “Third-Party Services”) are governed by separate agreements accompanying such information and services. The Company offers no guarantees and assumes no responsibility or liability of any type with respect to the Third-Party Services, including any liability resulting from incompatibility between a Third-Party Service, the Company’s Information, Company provided services and products or another Third-Party Service. The User agrees that he/she will not hold the Company responsible or liable with respect to the Third-Party Services.
The User agrees and acknowledges that the services offered by the Company through the Site are restricted to certain geographical areas. The Company shall not be responsible for any loss or damage incurred by the User, due to the service not being available in the geographical area that the User is situated while accessing the services provided on the Site.
Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Site. If the User is a minor i.e. under the age of eighteen (18) years, the User may use the Site only under the supervision of a parent or legal guardian who agrees to be bound by these Conditions.
By agreeing to the Conditions and creating an account on the Site, the User agrees to receive promotional communication and newsletters from the Company. The User can opt out either by unsubscribing through the facility available on the Site or by contacting the customer service of the Company.
The Company has taken all reasonable efforts to ensure that the Information provided on the Site is accurate and reliable. The User accepts that all Information provided on the Site or any other material accessed through the Site, including via any Linked Website (as hereinafter defined), is general information and is not in the nature of advice. In the event the User is experiencing any health issues, the User is required to consult his/her primary healthcare provider or doctor to seek appropriate medical treatment.
The User also accepts that all of the Information is provided on an “as is” basis and is provided without any warranty, representation or condition of any kind, whether express, implied, statutory or otherwise. The User assumes all responsibility and risk for his/her use of or reliance upon the Information and the Site or any other material accessed through the Site, including via any Linked Website.
While the Company seeks to ensure that the Information is reliable and accurate, errors and omissions may occur and therefore, the Company does not make or give any representation or warranty (express or implied) of any kind as to any matter relating to the Site and any Linked Website, including without limitation, as to merchantability, non-infringement of intellectual property rights or fitness for any particular purpose, and specifically disclaims any such representation or warranty.
In particular, the Company does not warrant that:
the Information or any other material accessed through the Site, including via any Linked Website, is reliable, accurate or complete including, without limitation, information relating to prices and availability;
the User’s access to Information or any other material accessed through the Site, including via any Linked Website, will be uninterrupted, timely or secure;
it will be liable for any loss (direct or indirect) resulting from any action taken or reliance made by the User on the Information or any other material accessed through the Site, including via any Linked Website. The User should make his/her own inquiries and seek independent professional advice before acting or relying on any such information or material;
it will refrain from updating, modifying or adding to the Information, including these Conditions, and absolutely reserves the right to make such changes without any obligation to notify the past, current or prospective users of the Site. Unless otherwise specified to the contrary, all new Information shall be subject to these Conditions; and
the Site will operate continuously or without interruption or be error free. In addition, the Company may also suspend or discontinue any aspect of the Site at any time without being liable for any direct or indirect loss as a result of such action
Liability Disclaimer & Exclusion
In no event shall the Company be responsible for any direct, indirect, special, incidental or consequential loss or damage, however arising and whether in contract, tort or otherwise, which the User may suffer in connection with or be arising out of:
the User’s use of the Site or any Linked Website; or
the User’s use of or reliance on Information or any other material accessed through the Site, including via any Linked Website, including without limitation, loss or damage by way personal injury or disability, of loss of profits, loss of business opportunity, business interruption or loss of information; or
the User’s use of any product/equipment purchased or hired through the Site.
These Conditions do not purport to exclude liability arising by any applicable law if, and to the extent, such liability cannot be lawfully excluded. However, to the extent permitted by law, all warranties, terms or conditions which would otherwise be implied into these Conditions are hereby excluded.
Where applicable law implies any warranty, term or condition, and that law prohibits exclusion or modification of the application of or the liability of the Company under any such warranty, term or condition, then the liability of the Company shall include liability for that warranty, term or condition, but such liability will be limited to the following:
if the breach relates to services, the supply of the services again or payment of the cost of having the services supplied again; and
if the breach relates to the products or equipment being sold, to the warranty offered by the manufacturer of the product or equipment as the case may be;
if the breach relates to products/equipment and the products/equipment can be repaired, repair of such products/equipment or payment of the costs of having the products/equipment repaired, but otherwise, replacement of the products/equipment or the supply of equivalent products/equipment or payment of the cost of replacing the products/equipment or of acquiring equivalent products/equipment.
The User must ensure that his/her access to and use of the Site is not illegal or prohibited by applicable laws.
The User must take his/her own precautions that the process which he/she employs for accessing the Site does not expose the User to the risk of viruses, malicious computer code, computer program routines or processes or other forms of interference which may damage your own computer system. Without limitation, the User is responsible for ensuring that his/her own computer system meets all relevant technical specifications necessary to use the Site and is compatible with the Site. For the removal of doubt, the Company does not accept responsibility for any interference or damage to the User’s computer system which arises in connection with your use of the Site or any Linked Website.
The Company does not guarantee or warrant that any material available for downloading from the Site or any Linked Website will be free from any virus, infection or other condition which has contaminating or destructive properties. The User is responsible for taking sufficient precautions and checks to satisfy his/her own particular requirements for accuracy of data input and output.
The User must ensure that any information which is provided to the Company by such User, is accurate and complete and does not contain any virus, malicious computer code, computer program routine or process or other forms of interference which may damage the computer system of the Company or the Information, or which may detrimentally interfere with or surreptitiously intercept or expropriate any the Company system, data or information.
The Site may contain links to other websites (each a “Linked Website”). These links are provided for convenience only and may not remain current or be maintained.
The User acknowledges and agrees that the Company does not have any control over the content or availability of the Linked Websites and accepts no responsibility for the content, privacy practices or any other aspect of the Linked Websites.
Links to the Linked Websites should not be construed as an endorsement, approval or recommendation by the Company of the owners or operators of the Linked Websites, or of any information, graphics, materials, products or services referred to, provided or contained on the Linked Websites.
User account, Password and Security
The User is entirely responsible for maintaining the confidentiality of the User’s password and account, and for any and all activities which occur under the user’s account or password. The User agrees to immediately notify the Company of any unauthorised use of the User’s account, password, or any other breach of security known to the User. The Company will not be liable for any loss that the User may incur as a result of someone else using or accessing the User’s password or account, either with or without the User’s knowledge. However, the User may be held liable for losses incurred by the Company or any other party as a result of someone else using or accessing the user’s password or account. The User will not use anyone else’s account at any time without the permission of the account holder. The User may change his/her password or profile by following instructions on the Site.
Orders Cancellation and Refunds
Orders, returns and cancellations are governed by the Company’s Orders, Returns and Cancellation Policy, the contents of which are incorporated by reference into the Conditions.
Rental of products and equipment
Products hired through the Site shall be governed by the Rental Policy of the Company, the contents of which are incorporated by reference into the Conditions.
Home healthcare services
Services requested through the Site shall be governed by the terms of the Services Agreement to be entered into with the Company.
The User agrees to indemnify, defend and hold the Company and its subsidiaries, affiliates, officers, directors, agents and employees harmless from any claim or demand, made by any third party due to or arising out of your breach of these Conditions or the documents it incorporates by reference or the User’s violation of any law or the rights of a third party. The Company’s failure to act with respect to a breach by the User or others does not waive its right to act with respect to subsequent or similar breaches.
With respect to any communication made to the Company, on or through the Site including, without limitation, feedback, reviews, questions, comments and suggestions (the “Communications”):
No right of confidentiality shall apply to the Communications and the Company shall have no obligation to protect the Communications from disclosure;
The Company shall be free to reproduce, use, disclose and distribute the Communications to others;
The Company shall be free to use any ideas, concepts, know-how or techniques contained in the Communications for any purpose whatsoever including, without limitation, the development, production and marketing of products and services that incorporate such information;
The User must refrain from posting any information that may be considered slanderous or defamatory in nature, whether in respect of the Company or the manufacturer of any product being sold on the Site6; and
The Company shall have the right to remove or delete any Communication that contains any profanity or any content that it may deem to be defamatory or slanderous and initiate appropriate action against the User, including but limited to placing a restriction on the Use of the Site.
The payment gateways are incorporated onto the Site as Linked Websites and shall be considered a Third-Party Service. Please note that using any payment mechanism other than the ‘cash on delivery’ option will be governed by the terms and conditions applicable to that particular payment gateway and shall not be governed by these Conditions. By using the Third Party Service, the User consents to be bound by the terms and conditions applicable to the use of such Third Party Service.
If any provisions of these Conditions are found to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect.
The Company does not accept any liability for any failure by the Company to comply with these Conditions where such failure is due to circumstances beyond its reasonable control.
If the Company waives any rights available to it under these Conditions on one occasion, it does not mean that those rights will automatically be waived on any other occasion.
The User is completely responsible for all charges, fees, duties, taxes and assessments arising out of the use of the Site.
The section titles in the document are solely used for the convenience of the parties and have no legal or contractual significance.
These terms shall be governed by and interpreted in accordance with the laws of India and the User agrees to submit to the exclusive jurisdiction of the courts of Bangalore.
Return to Site
To return to the Site, the User is required to click where indicated. By doing so, the User acknowledges that he/she has read, understood and accepted these Conditions.
1 The Trade Marks Act, 1999
2 Indian Copyright Act, 1957
3 The Information Technology Act, 2000 read with the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011
4 Information Technology Act, 2000
5 Pursuant to the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011
6 Section 66A of the Information Technology Act, 2000