Terms Of Use

 

ACCEPTANCE OF THIS AGREEMENT:

 

This is an agreement between you ("you") and My health Diary, with its registered office at Address (" My health Diary " "we," or "our") that governs your use of the search services offered by My health Diary through its website www.mhdiary.in ("Website"), telephone search, SMS, WAP or any other medium using which My health Diary may provide the search services (collectively "Platforms”). When you access or use any of the Platforms you agree to be bound by these Terms and Conditions ("Terms").


We may periodically change the Terms and the Site without notice, and you are responsible for checking these Terms periodically for revisions. All amended Terms become effective upon our posting to the Site, and any use of the site after such revisions have been posted signifies your consent to the changes.


We use a diverse range of health information, text, photographs, designs, graphics, images, sound and video recordings, animation, content, advertisement and other data and effects for the search services on the Platforms. We provide the data through the Platforms FOR YOUR PERSONAL AND NON-COMMERCIAL USE ONLY.


While every attempt has been made to ascertain the authenticity of the Platforms content, My Health Diary is not liable for any kind of damages, losses or action arising directly or indirectly, due to access and/or use of the content in the Platforms including but not limited to decisions based on the content in the Platforms which results in any loss of data, revenue, profits, property, infection by viruses etc.


Accordingly, you may view, use, copy, and distribute the Materials found on the Platforms for internal, non-commercial, informational purposes only. You are prohibited from data mining, scraping, crawling, or using any process or processes that send automated queries to My Health Diary.. You may not use the Platforms or any of them to compile a collection of listings, including a competing listing product or service. You may not use the Platforms or any Materials for any unsolicited commercial e-mail. Except as authorized in this paragraph, you are not being granted a license under any copyright, trademark, patent or other intellectual property right in the Materials or the products, services, processes or technology described therein. All such rights are retained by My Health Diary, its subsidiaries, parent companies, and/or any third party owner of such rights.


Do not send us any confidential or proprietary information. Except for any personally identifiable information that we agree to keep confidential as provided in our Privacy Policy, any material, including, but not limited to any feedback, data, answers, questions, comments, suggestions, ideas or the like, which you send to us will be treated as being non-confidential and nonproprietary. We assume no obligation to protect confidential or proprietary information (other than personally identifiable information) from disclosure and will be free to reproduce, use, and distribute the information to others without restriction. We will also be free to use any ideas, concepts, know-how or techniques contained in information that you send us for any purpose whatsoever including but not limited to developing, manufacturing and marketing products and services incorporating such information.


Since, My Health Diary provides information directory services through various mediums (SMS, E-Mail, Website, and voice or phone), your ("Users") use any of the aforementioned medium to post Reviews, Ratings and Comments about the My Health Diary services and also about the Advertiser's listed at My Health Diary is subject to additional terms and conditions as mentioned herein.


You are solely responsible for the content of any transmissions you make to the Site or any transmissions you make to any mediums offered by My Health Diary and any data, you add to the Site or add to any mediums offered by My Health Diary, including but not limited to transmissions like your Reviews, Ratings & Comments posted by you (the "Communications"). My Health Diary does not endorse or accept any of your Communication as representative of their (My Health Diary) views. By transmitting any public Communication to the Site, you grant My Health Diary an irrevocable, non-exclusive, worldwide, perpetual, unrestricted, royalty-free license (with the right to sublicense) to use, reproduce, distribute, publicly display, publicly perform, adapt, modify, edit, create derivative works from, incorporate into one or more compilations and reproduce and distribute such compilations, and otherwise exploit such Communications, in all Platforms now known or later developed.


My Health Diary has the right, but not the obligation to monitor and edit or remove any content posted by you as Review, Rating or Comments.My Health Diary cannot review all Communications made on and through any of the mediums of My Health Diary. However, My Health Diary reserves the right, but has no obligation, to monitor and edit, modify or delete any Communications (or portions thereof) which My Health Diary in its sole discretion deems inappropriate, offensive or contrary to any My Health Diary policy, or that violate this terms:


PRIVACY POLICY:


My Health Diary is committed to protecting the privacy and confidentiality of any personal information that it may request and receive from its clients, business partners and other users of the Website. To read our privacy policy statement regarding such personal information please refer PRIVACY POLICY.


My Health Diary and its affiliates are not responsible for the content, functionality, authenticity or technological safety of these external sites. We reserve the right to disable links to or from third-party sites to any of our Platforms, although we are under no obligation to do so. This right to disable links includes links to or from advertisers, sponsors, and content partners that may use our Marks as part of a co-branding relationship.


Some external links may produce information that some people find objectionable, inappropriate, or offensive. We are not responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in any externally linked websites. We do not fully screen or investigate business listing websites before or after including them in directory listings that become part of the Materials on our Platforms, and we make no representation and assume no responsibility concerning the content that third parties submit to become listed in any of these directories.


All those sections in the Platforms that invite reader participation will contain views, opinion, suggestion, comments and other information provided by the general public, and My Health Diary will at no point of time be responsible for the accuracy or correctness of such information. My Health Diary reserves the absolute right to accept/reject information from readers and/or advertisements from advertisers and impose/relax Platforms access rules and regulations for any user(s).


My Health Diary also reserves the right to impose/change the access regulations of the Platforms , whether in terms of access fee, timings, equipment, access restrictions or otherwise, which shall be posted from time to time under these terms and conditions. It is the responsibility of users to refer to these terms and conditions each time they use the Platforms.


INDEMNIFICATION:


You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms, your violation of any law, or your violation of the rights of a third party, including the infringement by you of any intellectual property or other right of any person or entity. These obligations will survive any termination of the Terms.


MISCELLANEOUS:


These Terms will be governed by and construed in accordance with the Indian laws, without giving effect to its conflict of law’s provisions or your actual state or country of residence, and you agree to submit to personal jurisdiction in India. You agree to exclude, in its entirety, the application to these Terms of the United Nations Convention on Contracts for the International Sale of Goods. You are responsible for compliance with applicable laws. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remainder of the Terms will continue in full force and effect. These Terms constitute the entire agreement between us and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter of these Terms. Any waiver of any provision of the Terms will be effective only if in writing and signed by you and My Health Diary. My Health Diary reserves the right to investigate complaints or reported violations of these Terms and to take any action we deem necessary and appropriate. Such action may include reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties. In addition, we may take action to disclose any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information. My Health Diary reserves the right to seek all remedies available at law and in equity for violations of these Terms.


Entire Agreement. These Terms constitutes the entire agreement between you and us with respect to the subject matter of these Terms and supersedes all prior written and all prior or contemporaneous oral communications regarding such subject matter. Accordingly, you should not rely on any representations or warranties that are not expressly set forth in these Terms. If any provision or provisions of these Terms shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforce ability of the remaining provisions shall not in any way be affected or impaired. Except as provided in Section 1, these Terms may not be modified except by writing signed by you and us; provided, however, we may change these Terms from time to time, and such revised terms and conditions shall be effective with respect to any Advertising Products ordered after written notice of such revised terms to you or, if earlier, posting of such revised terms and conditions on our Website.