Date of Last Revision: January 03, 2019
Please read the following terms of service and privacy policy (“terms
and conditions”) carefully. By accessing the website or using the
services you agree to be bound by these terms. If you do not wish to be
bound by these terms, you may not access or use this website or the
services. The website is not directed to children and children are not
eligible to use the Services. By using this website, you confirm and
represent that you are at least 18 years old.
Specific Exclusion:
“
Children below 18 years
” and “
pregnant women
” are specifically excluded from availing any Service as stated in the
Terms of service.
Important terms and conditions:
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This website ( www.humanfractal.io) is
owned and operated by [Pytheos Health Systems Pvt Ltd] (“company”,
“we”, “us”, or “our”). We offer an online personal wellness and
diagnostics services enabling our users, whether or not you register
and become a subscriber (“users”, “you” or “yours”) to “Human Fractal”
program which consists of the following components including but not
limited to– (a) Diagnostics and assessments – Blood tests,
Cardio-metabolic profile, Body composition scans (b) Visualization and
Analysis using our proprietary algorithm (for decision support) &
experts (c) Personalized Nutrition, Exercise program & lifestyle
recommendations (d) Health coaching (e) access to our proprietary
“Human 360 digital cockpit” platform “Site” (“Services”). Please read
these terms and conditions carefully, as by accessing this website you
are agreeing to abide by the all of the terms and conditions set out
below.
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The company reserves the right to modify, alter or update these terms
and conditions at any time and you agree to be bound by such
modifications, alterations and updates. It is the responsibility of the
user to check these terms and conditions for changes prior to use of
the website or Services, and in any event your continued use of the
website or Services following the posting of changes to these terms and
conditions constitutes your acceptance of any changes. The company at
its sole discretion may notify you of any such material changes by
posting notice of the changes on the website, and/or, by email.
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Certain Services available through our website may have their own terms
and conditions that apply to your use of those Services. These terms
and conditions do not alter in any way the terms or conditions of any
of those other written or online terms and conditions or agreements you
may have or will have with the company. To the extent that there is any
conflict between these terms and conditions and any separate agreements
entered with the company, the terms of the separate agreements with the
company will govern.
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In the event there is a change in the ownership of the company by the
process of merger, acquisition or by any other substantial modification
or alteration of the shareholding pattern, where the ownership of the
company is changed, the company at its sole discretion may notify you
of any such changes by posting notice of the changes on the website,
and/or, by email. The terms and conditions including all liability
shall bind any successor of the company, and any such successor shall
be deemed substituted for all purposes for the "company" under the
terms of Service.
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If you do not agree to these terms and conditions, please discontinue
using this website immediately.
Accuracy
To the extent that you do provide us
with personal information, we wish to maintain accurate and current
personal information. Should you need to update or correct any personal
information provided by you on the website, please contact us at the
following e-mail address contact@pytheoshealth.com and we will make
reasonable efforts to incorporate the changes in your personal information
that we hold as soon as practicable.
Intended Audience
The website is maintained by the company from its offices within India. The
company makes no representation that materials in the website are
appropriate or available for use in other locations other than India. Users
accessing this website or availing any Services from any other locations
than that of India do so on their own initiative and are responsible for
compliance with local or national laws, as applicable.
Limitation of Use:
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Users must not copy, modify, reproduce, publish, use or exploit in
any way the content or any part thereof, or otherwise modify,
obscure or delete any copyright or other propriety notices on this
website without the company’s prior written consent.
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No software, technology or other information from this website may
be downloaded or otherwise exported or re-exported to any person or
entity without the company’s prior written consent and compliance
with the respective national laws.
Grievances and Complaints
In case of any grievances or complaints in relation to the processing of
your information by the company, the same may be addressed to the grievance
officer at the following address: contact@pytheoshealth.com.
Disclaimer:
Any third party trademarks and/ or images of third party products
published on the website are used as references for informational
purposes only. The use of trademarks and images relating to third party
products, does not imply any relationship between the company and any
such third party including endorsement, sponsorship, affiliation of or
by any third party.
Privacy Policy
At the company we are committed to respecting the privacy rights of our
customers and all uses of our website. We respect and safeguard the
personally identifiable information which we may receive and collect from
you on our website.
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Information collected: The company may collect the following types of
personal Information from you when you register for any of the services
offered via the website / mobile application or otherwise voluntarily
provide such information.
Registration information
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Name (including first name and last name)
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Address
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E-mail address
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Phone number (mobile number / landline number)
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Age
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Gender
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Payment related information through our payment gateway (operated by
Razor Pay)
Your diagnostics information
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Blood biomarkers as per selected goals and parameters
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Cardio-metabolic indicators such as VO2, Max Heart Rate, Lactate
threshold etc
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Body composition & anthropometric data such as BMI, % body fat,
Weight etc
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Self reported questionnaire data
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Web-analytics information such as cookies, web-beacons etc
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Use and disclosure of personal information: The company may use
personal information and other information received and collected from
you to provide the Services you have requested, including providing
information/ advice/ recommendations in the context of your query and
to contact you upon your request and when otherwise necessary. The
company shall share such personal information with third parties such
as doctors or independent experts to render the Services requested by
you.
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The company may also use personal information for auditing, research
and analysis, and to operate and improve our Services. In certain
circumstances, we may share aggregated non-personal information with
third parties such as doctors or independent experts. When we use third
parties such as doctors or independent experts to assist us in
processing your personal Information, we require that they comply with
the terms and conditions of this agreement or any other company policy
and any other appropriate confidentiality and security measures.
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The company may also share or disclose such information, including
sensitive personal data or information with Government agencies in
limited circumstances, including when complying with legal process, for
verification of identity, or for preventing, detecting, investigating
and for prosecution and punishment of incidents including cyber
incidents, fraud or imminent harm, and ensuring the security of our
network and services.
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Confidentiality and Security
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We will keep confidential and protect your personal information except
where disclosure is required or permitted by law or third parties such
as doctors or independent experts. We limit access to personal
information to employees who we believe reasonably need to come into
contact with that information to provide products or services to you or
in order to do their jobs.
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We will take reasonable steps to ensure that any third parties such as
doctors or independent experts who may have access to the personal
information are obligated to protect personal information on our behalf
through confidentiality agreements and otherwise.
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The company adopts reasonable security practices and procedures to
protect information from unauthorized access, damage, use,
modification, disclosure or impairment as required by applicable
privacy laws.
Risks and considerations regarding Services
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Learning the unexpected:
Information contained in or provided to you under the scope of
Service has the potential to alter your lifestyle, including but
not limited to way of life, way of living, manner of living or your
life. . Also, there is a likelihood of getting strong emotions and
revelation of new things about oneself. . Various other known and
unknown factors such as unknown genes, or environmental factors and
lifestyle choices of which the company may or may not be familiar
with may contribute towards the result of Services.
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No assumption of contents:
Information contained in or provided to you under the scope of
Service must not be considered and construed as a favorable and
optimistic.. You understand that you may be in need of additional
Services from us or from any doctors or any third party experts in
order for you to further evaluate the laboratory test results
provided by the Company. You understand that that the company shall
not return any biomaterials once it is submitted for the purpose of
Services.
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Re-obtaining of biomaterial:
In the event that, where the company collects biomaterials which is
insufficient or where there is a requirement of additional
biomaterials, which is insufficient for procuring the results, the
company reserves the option of re-obtaining biomaterials and/or
re-processing your data again as mutually agreed and reasonably
possible for you and the company.
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Consultation of independent experts/doctors:
By accepting the terms of Service, you agree that you should not
rely solely on the recommendations provided by the company for
determination of options which may affect your health, directly or
indirectly. The company specifically state that the company do not
involve in the services of diagnosis of diseases, or making
recommendations for any disease or condition beyond those generally
accepted as well-established within the scope of Services. Also,
the companies do not report any genetic variants or associated with
diagnosis of diseases or conditions beyond the scope of Services.
It is specifically suggested that, opinion from independent experts
or doctors should be taken for determination of options which may
affect your health, directly or indirectly. It is specifically
denied by the company that use of Services is not a replacement for
medical care. You may be referred to experts/doctors/ external
medical professionals for medical related queries by the company on
requirement basis.. The scope of Services are limited to providing
ongoing personal and clinically-based support to help optimize your
wellness only.
If you become aware of user content that you believe violates these terms
of use, you may report such violation by sending an email to
contact@pytheoshealth.com Enforcement of these terms and conditions of use,
however, is solely in discretion of the company and absence of enforcement
in some instances does not constitute a waiver of our right to enforce the
terms of use in other instances. In addition, these terms of use do not
create any private right of action on the part of any third party or any
reasonable expectation or promise that the website will not contain any
content that is prohibited by these terms of use.
Subject to applicable law, the company has no obligation to screen, edit or
monitor any of the user content posted on the website. The company also
reserves the right, and has absolute discretion, to remove, screen or edit
any user content on the website at any time and for any reason without
notice. You are solely responsible for creating backup copies and replacing
any user content you post or store on the website at your sole cost and
expense.
If you are viewing the website on a public computer or are otherwise using
a computer to which multiple people have potential access, be sure to
follow all relevant instructions to ensure you are sufficiently
disconnected and logged off from the website and the computer system you
are using to prevent unauthorized access to or uploading of user content.
Virus protection:
While the company makes reasonable efforts to ensure that the website is
free from viruses and other malware, users are requested to take
appropriate measures against viruses and other malware and malicious
objects. Except to the extent as provided by the applicable laws, the
company disclaims all liability (whether direct, indirect, consequential or
otherwise) with respect to the any such inadvertent transmission of viruses
and malware resulting from use of the website.
Indemnification
You agree to defend, indemnify and hold the company harmless from and
against any and all actions claims, damages, costs and expenses, including
attorney's fees, arising from or related to your use of this website, any
content that you may upload on the website, your access to, or inability to
access this website or from your reliance upon any information contained on
this website.
Applicable Law
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This website, including the content and information contained herein,
shall be governed by the laws of the India and courts of Bangalore
shall retain exclusive jurisdiction to entertain any proceedings in
relation to any disputes arising out of the same. As such, the laws of
the India shall govern the disclaimer, legal notices, privacy policy,
order form and any transaction completed using this website.
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Except for any separate agreements between you and the company, these
terms and conditions constitute the entire and exclusive and final
statement of the agreement between you and the company with respect to
the subject matter hereof, and governs your access to the website and
your use of the Services, superseding any prior agreements or
negotiations between you and the company with respect to the subject
matter hereof.
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The validity, interpretation, construction and performance of these
terms and conditions will be governed by the laws of India, without
giving effect to the principles of conflict of laws. The parties agree
to the personal and subject matter jurisdiction and venue of the courts
located in Bangalore, for any action related to these terms and
conditions.
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Our failure to exercise or enforce any right or provision of these
terms and conditions will not constitute a waiver of such right or
provision. If any provision of these terms and conditions is found by a
court of competent jurisdiction to be invalid, the parties nevertheless
agree that the court should endeavor to give effect to the parties'
intentions as reflected in the provision, and that the other provisions
of these terms and conditions remain in full force and effect.
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You agree that regardless of any statute or law to the contrary, any
claim or cause of action arising out of or related to use of the
website or Services or these terms and conditions must be filed within
six (6) months after such claim or cause of action arose or be forever
barred.
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The section titles in these terms and conditions are for convenience
only and have no legal or contractual effect. You and we are acting as
independent contractors, and nothing in these terms and conditions
creates an agency or partnership. You may not assign your rights under
these terms and conditions without our prior written consent, and any
attempted assignment will be null and void.
Termination
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You may delete your account and end your registration at any time, for
any reason by clicking at the “cancel my account” button in your
“account” of your digital dashboard or by sending an email to
contact@pytheoshealth.com. The company may terminate the use of the
website, access to user’s account and/or registration for any reason at
any time. When closing an account, the company shall remove all
personal information provided by you with in thirty (30) days of our
receipt of your request. However, any personal information that you
have previously provided and have been used by the company for the
purpose of any ongoing or completed studies or business activities that
use the information (such as anonymized statistical information) shall
not be removed. The company may retain certain personal information if
required under any law and the company may retain backup copies for a
limited period of time pursuant to company’s data protection policies.
In addition, the company may retain limited registration information
related to your order history (e.g., name, contact, and transaction
data) for accounting and compliance purposes.
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You understand that termination of the agreement with the company
pursuant to these terms and conditions and your account will not
entitle you to any refund and may involve deletion of your information
from the company’s databases as well as any content that you uploaded
to the website using such account. You agree that the company will not
be liable to you or any other party for any termination of your access
to the site or services or deletion of your account or content uploaded
by you.
Third Party Content and Intellectual Property
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The company respects the copyright of others, and requires that the
users of the website, or the Services or features made available on or
through the website, do the same. Images or photographs of third party
products or services which may be available on the website are used as
references for informational purposes only. The company hereby
disclaims any sponsorship, affiliation or endorsement of or by any such
third party. The company is not responsible for the copyright of any
content that may be used on the website which may be uploaded by the
users or freely available in the public domain e.g. content available
on the internet with no source or copyright information.
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Certain trademarks which are not owned by the company may be featured
on the website as references and for informational purposes only. Such
trademarks are the property of their respective third party owners, and
the use of trademarks, logos or brand names in the website are for
identification purposes only, and does not imply any endorsement by the
company of the trademark owner, or vice-versa.
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If you believe that any content appearing on the website infringes on
your intellectual property rights, you must contact us immediately by
emailing us at contact@pytheoshealth.com with the following information
and the necessary action in accordance with applicable law will be
taken by the company:
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your name, address, telephone number, and e-mail address;
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details of the intellectual property right that you claim to be
infringed;
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the exact URL or a description of each place where alleged infringing
material is located or, if multiple copyrighted works are infringed, a
representative list of such works including the URL or description of
each location;
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a statement by you that you that the disputed use has not been
authorized by you, your agent, or the law;
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a statement by you made under penalty of perjury, that the information
in your notice is accurate, that you are the owner of the intellectual
property right or authorised to act on the owner’s behalf, with proof
of such authorization.
Accuracy of information
The company does not warrant that any information, pictures or graphic
depictions, descriptions or other content of the website are accurate,
complete, reliable, updated, current, or error-free. User agree to notify
the company immediately if the user become aware of any errors or
inconsistencies in the information or content provided through the website
and comply with any corrective action taken by the company.
User Content:
In certain sections of the website, users may be allowed to post images,
queries, messages and other information or content. Furthermore, by using
this website, you agree not to post, upload, transmit, distribute, store,
create or otherwise publish through the website any of the following:
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Unless specifically requested by the company, any “sensitive”
personally identifiable information about yourself or another person
(including, but not limited to, information that relates to health or
medical conditions including physical, physiological and mental health
conditions, passwords, social security numbers, biometric information,
credit cards, debit cards, other payment instruments, bank accounts or
other financial information, other information concerning trade union
membership, sex life, sexual orientation, political opinions, criminal
charges or convictions, religious beliefs, racial or ethnic origin, or
other sensitive matters);
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User content that is unlawful, blasphemous, pedophilic, racially or
ethnically objectionable, libelous, defamatory, obscene, pornographic,
indecent, lewd, suggestive, harassing, threatening, invasive of privacy
or publicity rights, abusive, inflammatory, fraudulent, otherwise
objectionable or which threatens relationships with our employees,
partners, customers, suppliers or licensors, relates to or encourages
money laundering, gambling or otherwise unlawful in any manner;
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User content that may infringe any patent, trademark, trade secret,
copyright or other intellectual or proprietary right of any party. By
posting any User content, you represent and warrant that you have the
lawful right to distribute and produce such User content;
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User content that impersonates any person or entity or otherwise
misrepresents your identity or affiliation with another person or
entity;
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Spam, direct marketing communications or any unsolicited advertising,
promotional materials or other forms of solicitation or commercial
content;
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User content that constitutes, encourages or provides instructions for
a criminal offense, violates the rights of any party or that creates
liability or violates any applicable local, state, national or
international law;
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Software viruses, spyware, Trojan horses, easter eggs or any other
destructive files, computer codes or programs designed to interrupt
destroy or limit the functionality of any computer resource;
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User content that, in the sole judgment of the company, is
objectionable, restricts or inhibits any other person from using or
enjoying the Sites or which damages the image or rights of the company
, other users or third parties;
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User content that belongs to another person and to which the user does
not have any right;
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User content that harms or depraves minors in any way;
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User content which deceives or misleads the addressee about the origin
of the messages or communicates any information which is grossly
offensive or menacing in nature; and
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User content that threatens the unity, integrity, defence, security or
sovereignty of India, friendly relations with foreign states, public
order, causes incitement to the commission of any cognizable offence or
prevents investigation of any offence or is insulting to any other
nation.
Warranty and Liability Disclaimer
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This website and the content herein is provided by the company in good
faith on an "as is" and "as available" basis. The company makes no
representation or warranty whether express or implied in respect of the
website and/or the information, content, materials products,
procedures, services provided by doctors, experts etc. which are
included/ mentioned herein on the website. Specifically, the company
does not inter alia make any warranties as to accuracy or
completeness, quality, merchantability, fitness for a particular
purpose, non-infringement of any rights, including intellectual
property rights, in respect of any of the information, content,
materials products, procedures, services provided by doctors, experts
etc available or mentioned on the website.
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The website may inter alia contain general information
relating to Services as set out in this terms and conditions. All such
information, recommendations / suggestions provided on this website are
of a general nature and are not intended to be a substitute for
detailed professional advice from experts. Further, prior to using any
third party products/services if mentioned on the website, users should
refer to the guidance documents and opinion from experts, provided by
each such third party in connection with the product and /or consult
the concerned representatives of such third parties/ experts wherever
appropriate.
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The information / recommendations provided on the website are partly
based on the company’s experience in the field online personal wellness
and diagnostics services, the expertise of employees and experts of the
company and partly on information available in other literature sources
and databases. While, the company uses reasonable endeavours to ensure
that the aforesaid information is accurate and helpful, the use and
reliance on the information provided on the website shall be at the
sole risk of the user.
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No Medical Advice
: The information provided by the company is for purposes of
facilitating Service only and is not intended to provide medical
advice, diagnosis, or treatment. The company may engage third parties
such as doctors or independent experts to render the Services. However,
the Services perse do not create doctor-patient relationships
with the user.
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Medical Condition
: Further, prior to using the Services or if you have a medical
condition, the user may independently seek the advice of a physician or
other qualified experts with regard to any concerns arising out of any
health issues, including but not limited to any medical or psychiatric
condition. User is advised to inform the concerned physician or other
qualified experts regarding the advices or Services provided by the
company. In the event, there is a conflict or confusion in the minds of
the user, due to advice rendered by the company and advised rendered by
any third party/expert, the user shall not ignore professional medical
advice or delay in seeking it because of recommendations by the
company. User shall consult independent physician or other qualified
experts before starting any new Services or stopping any Services.
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The company and/or any of its directors, officers, employees, agents
and representatives shall in no event be liable for and hereby
expressly exclude liability for any loss, damage or injury (including
any special, exemplary, indirect, incidental, consequential damages,
costs or associated legal fees) arising whether directly or indirectly,
from the use of this website (including use of information and content
provided thereon) including without limitation loss or revenue or
profits.
Ownership of Content
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The website is owned by the company. Unless otherwise indicated, all
content on this materials, including illustrations, details of Service,
photographs, products, images, artwork, designs, text, graphics, logos,
button icons, images, audio and video clips and software (collectively,
"content") appearing on this website are owned or controlled by the
company and/or its subsidiaries, affiliates and content suppliers and
are protected by the India and worldwide design, trademark, trade
dress, copyright and other intellectual property laws.
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The content of this website and the website as a whole, are intended
solely for commercial use. Users must not copy, modify, reproduce,
publish, use or exploit in any way the content or any part thereof, or
otherwise modify, obscure or delete any copyright or other propriety
notices on this website without the company’s prior written consent. No
right, title or interest in any materials or software, if applicable,
on this website is transferred to you from your use of this website.
Privacy:
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As part of the login and registration process, user will be asked to
provide certain personal information. All personal information of the
user will be treated in accordance with the applicable law. If you use
the website and/or Services, you are accepting the terms and conditions
of our privacy policy. If you do not agree to share your information,
you must discontinue use of the website and/or the Services.
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The security of your personally identifying information is important to
the company. The company shall take reasonable steps to ensure the
safety of the personal information. However, you understand and agree
that such reasonable steps do not guarantee that use of the website is
invulnerable to all security breaches, and that the company makes no
warranty, guarantee, or representation that use of any of the website
is protected from viruses, security threats or other vulnerabilities.