HealtheMinds Solutions Pvt Ltd (“HealtheMinds” or “the Company”) reserves the right to change or revise the contents of these Terms at any time by posting any changes or revised Terms on the Website. HealtheMinds will alert you that changes or revisions have been made by indicating at the top of these Terms the date on which they were last revised in dd-mm-yyyy format. The changed or revised Terms will be effective immediately after they are posted on the Website. Your use of the Website following the posting of any such changes or revised Terms constitutes your acceptance of said changes or revisions. HealtheMinds encourages you to review these Terms whenever you visit the Website to ensure that you understand the terms and conditions governing your use of the Website. These Terms do not alter in any way the terms or conditions of any other written agreement you may have with HealtheMinds for other products or services.
If you do not agree to these Terms, including any referenced policies or guidelines, please immediately terminate your use of the Website.
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Customer Solicitation. By entering your e-mail address in the space provided to subscribe to e-mail communications from HealtheMinds, you are consenting to receive marketing communications and solicitations from HealtheMinds. Unless you notify HealtheMinds that you desire to opt out of direct Company communications and solicitations, you are agreeing to continue to receive further e-mails from HealtheMinds and its designated in-house or third-party communications agents.
Opt-out Procedure. You may use the opt-out link found in any e-mail marketing or solicitation communication you receive from HealtheMinds. You may also choose to opt out by sending an e-mail request to [email protected] with the word ‘Unsubscribe’ in the subject line.
Proprietary Rights. HealtheMinds holds rights to all trademarks, trade dress and specific layouts of the Website, including calls to action, text placement, content and any other information.
Content, Intellectual Property, Third Party Links. The Website offers information and marketing materials, and information, both directly and through indirect links to third-party websites. HealtheMinds does not always create the information offered on this Website; instead, some information may be gathered from other sources. To the extent that HealtheMinds does create the content on this Website, such content is protected by the intellectual property laws of India, foreign nations and international regulatory bodies. Unauthorized use of the material may violate copyright, trademark and/or other laws. You acknowledge that your use of the content on this Website is for information purposes. Any links to third-party websites are provided by HealtheMinds solely as a convenience to you and HealtheMinds neither endorses nor is responsible for the content or any damage that may result from your access to or reliance on these third-party websites.
Use of Website. HealtheMinds is not responsible for any damages resulting from the use of this Website. You will not use this Website for illegal purposes. You will (1) abide by all applicable local, state, national and international laws and regulations in your use of the Website (including laws regarding intellectual property), (2) not interfere with or disrupt the use of the Website by other users, (3) not resell material on the Website, (4) not engage, directly or indirectly, in transmission of “spam,” chain letters, junk mail or any other type of unsolicited communication, and (5) not defame, harass, abuse or otherwise disrupt other users of the Website.
Licence. By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your normal, non-commercial, personal use of the Website. You may not copy, reproduce, transmit, distribute or create derivative works of such content or information without express written authorization from HealtheMinds or the applicable third party (if third party content is at issue).
Posting. By posting, storing, or transmitting any content on the Website, you grant HealtheMinds a perpetual, worldwide, non-exclusive, royalty-free, assignable right and licence to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. HealtheMinds does not have the ability to control the nature of user-generated content on the Website. You are solely responsible for your interactions with other users of the Website and any content you post. HealtheMinds is not liable for any damage or harm resulting from any posts by or interactions among users. HealtheMinds reserves the right, but has no obligation, to monitor interactions among users of the Website and remove any content HealtheMinds deems objectionable at HealtheMinds’s sole discretion.
III Disclaimer of Warranties
YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS OFFERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. HEALTHEMINDS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE PRODUCTS OR WEBSITE CONTENT, OR ANY RELIANCE UPON OR USE OF THE WEBSITE CONTENT.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, HEALTHEMINDS MAKES NO WARRANTY:
THAT THE INFORMATION PROVIDED ON THIS WEBSITE IS ACCURATE, RELIABLE, COMPLETE OR TIMELY;
THAT THE LINKS TO THIRD-PARTY WEBSITES ARE TO INFORMATION THAT IS ACCURATE, RELIABLE, COMPLETE OR TIMELY.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS WEBSITE WILL CREATE ANY WARRANTY NOT EXPLICITLY STATED HEREIN.
IV Limitation of Liability
NOTWITHSTANDING ANYTHING WRITTEN HEREIN TO THE CONTRARY, HEALTHEMINDS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THE TERMS OR YOUR USE OF THIS WEBSITE.
HEALTHEMINDS’S LIABILITY UNDER THE TERMS OR YOUR USE OF THIS WEBSITE SHALL IN NO EVENT EXCEED THE FEES PAID BY YOU, IF ANY, IN THE SIX (6) MONTHS PRECEEDING THE DATE ON WHICH THE RELATED CLAIM AROSE.
You will release, indemnify, defend and hold harmless HealtheMinds and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys’ fees and expenses of third parties, relating to or arising out of (1) the Website content or your use of the Website content, (2) any intellectual property or other proprietary right of any person or entity, (3) your violation of any provision of these Terms, or (4) any information or data you supplied to HealtheMinds. If HealtheMinds is threatened with suit or sued by a third party, HealtheMinds may seek written assurances from you concerning your promise to indemnify HealtheMinds; your failure to provide such assurances may be considered by HealtheMinds to be a material breach of these Terms. HealtheMinds will have the right to participate in any defence by you of a third-party claim related to your use of any of the Website content, with counsel of HealtheMinds’s choice at HealtheMinds’s expense. HealtheMinds will reasonably cooperate in any defence by you of a third-party claim at your expense. You will have sole responsibility to defend HealtheMinds against any claim, but you must receive HealtheMinds’s prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of these Terms or your use of this Website.
Force Majeure. HealtheMinds will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance or availability of this Website due to earthquake, flood, fire, storm, natural disaster, Act of God, war, terrorism, armed conflict, labour strike, lockout or boycott, or failure of public infrastructure.
Cessation of Operation. HealtheMinds may at any time, in its sole discretion and without advance notice to you, cease operation of this Website.
Entire Agreement. These Terms comprise the entire agreement between you and HealtheMinds governing your use of this Website and supersedes any prior agreements pertaining to your use of this Website.
Effect of Waiver. The failure of HealtheMinds to exercise any right or provision of these Terms will not constitute a waiver of such right or provision.
Governing Law, Jurisdiction. These Terms will be governed by the laws of the Republic of India and subject to the jurisdiction of the courts at Bangalore, India.
Termination. HealtheMinds reserves the right to terminate your access to the Website if HealtheMinds reasonably believes, at HealtheMinds’s sole discretion, that you have breached any of these Terms. Following termination, you will not be permitted to use the Website and HealtheMinds reserves the right to exercise whatever means HealtheMinds deems necessary to prevent unauthorized access of the Website.
Domestic Use. HealtheMinds makes no representation that the Website is appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and must bear all responsibility for compliance with any applicable local laws.
Assignment. You may not assign your rights and obligations under these Terms to anyone. HealtheMinds may assign its rights and obligations under these Terms at HealtheMinds’s sole discretion and without advance notice to you.
VIII Agreement to be Bound
BY USING THIS WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS AND CONDITIONS ON THIS WEBSITE.