Terms and Conditions of Use

Cancertame Private Limited, its parent, affiliate and subsidiary companies including but not limited to its business units (“www.cancertame.com”) welcomes you to its website located at https://www.cancertame.com and its related web pages.
When you access, view, submit, or use the articles, content, material, or services available on or through the site you agree, on behalf of yourself, any company or organization on whose behalf you actually or allegedly act, and any individual that receives access to the site through you, you indicate that you have read and understood these Terms & Conditions and that you agree to them and intend to be legally bound by them. If you do not agree to these Terms & Conditions, you are not granted permission to use the site and must exit immediately. Any violation of these Terms and Conditions or other act or omission by any person, that obtains access to this site through you, that would be a breach of these Terms and Conditions if committed by you is deemed a breach of these Terms and Conditions by you for which you shall be responsible.

1.    Proprietary Rights

All works of authorship, information, content, functional components, articles, software, downloads, upgrades, documentation, services, information and material appearing on, contained in, or made available through “www.cancertame.com” are protected by law, including without limitation, Indian copyright law. The entirety of the site materials (including without limitation text, graphics, images, video, data, design, organization, compilation, look and feel attributes and other intellectual property) are Cancertame Private Limited’s works, all rights reserved, or they are the copyrighted works of Cancertame Private Limited. Cancertame Private Limited also owns a copyright in the site as a collective work and compilation, and in the selection, coordination, arrangement, and organization of the site materials.

Removing or altering any copyright notice or any other proprietary notice on any site material is strictly prohibited. Any commercial use of any site materials, in whole or in part, without the prior written consent of Cancertame Private Limited, is prohibited. Any reproduction, distribution, performance, display, preparation of derivative works based upon, framing, capturing, harvesting, scraping, or collection of, or creating of hypertext or other links or connections to, any site materials or any other proprietary information of Cancertame Private Limited, without Cancertame Private Limited’s advance written consent, is prohibited.

All names, trademarks, service marks, symbols, slogans, and logos appearing on the site are proprietary to Cancertame Private Limited or its parent, affiliates, licensors, or suppliers. Use or misuse of these trademarks is expressly prohibited and may violate national and state trademark law.

2.    Third Party Materials, Products and Services

Parties other than Cancertame Private Limited may provide products, services or content on this site. Use of the site and the site materials and any other material or content on and made available through the site is entirely at your own risk. Additionally, the site contains links to other Internet websites for the convenience of users in locating information, products, or services that may be of interest. Other Terms and Conditions, in addition to these Terms and Conditions, may appear on the site related to the specific content of third parties and will apply to such third party content as indicated.

Cancertame Private Limited does not recommend and expressly disclaims any responsibility for the content, the accuracy of the information, or quality of products or services provided by or advertised on third party sites or the transactions you conduct or enter into with third parties. Your use of third parties websites is at your own risk, and subject to the Terms and Conditions of such other websites. Cancertame Private Limited does not endorse any product, service, or treatment provided on a third party website.

3.    Informational Purposes Only

The information on this site is for informational purposes only. None of the information on this site shall be used to diagnose any health problem or disease. You can consult with a physician, doctor, or health care provider before taking any product or using any information on this site. No physician/patient relationship is created between Cancertame Private Limited and you by reason of your use of the site or under any circumstances. Individual inquiries about sensitive or confidential matters should be addressed to appropriate health care professionals.

Drugs described on this site have AYUSH approval to treat only specifically approved medical conditions. It is your responsibility to ascertain if the medicine is required in your medical condition or disease. Cancertame Private Limited does not endorse or suggest any particular medical tests, pharmaceutical products, physicians or other health providers, products, or medical procedures which we may detail or describe on this site. Your reliance on any information provided by this site is solely at your own risk.

Cancertame Private Limited endeavours to keep the site and site materials (defined in Section 1) on, in, and through the site up-to-date. Without limiting anything else in these Terms and Conditions or otherwise, Cancertame Private Limited is not responsible for any errors or omissions in the site or site materials.

 

4.    Materials Submitted to the Site

The site may allow you to contribute photographs, pictures, videos, recordings, postings, reviews and other materials and information that is governed by the Privacy Policy of this website. Cancertame Private Limited does not guarantee the accuracy or completeness of any user materials and cannot be responsible for any user materials. By submitting user materials to or using the site, you represent that you have the full legal right to provide the user materials, that such user materials will not:

a)     Divulge any protected health information or infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including without limitation as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person or which impersonates another person;

b)     Violate any law, statute, ordinance, or regulation;

c)     Be defamatory, libellous or trade libellous, unlawfully threatening, or unlawfully harassing or embarrassing;

d)     Be obscene, child pornographic, or indecent;

e)     Violate any community or Internet standard;

f)     Contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or personal information, or that facilitate or enable such or that are intended to do any of the foregoing;

g)     Result in product liability, tort, breach of contract, personal injury, death, or property damage;

h)     Constitute misappropriation of any trade secret or know-how;

i)     Constitute disclosure of any confidential information owned by any third party.


Upon your submission of user materials or other material or information to Cancertame Private Limited, you grant Cancertame Private Limited, and Cancertame Private Limited thereby accepts, a worldwide, perpetual, non-terminable, irrevocable, transferable, license to access, use, distribute, perform, reproduce, display, modify, create derivative works based upon, and sublicense, and to permit others to access, use, distribute, perform, reproduce, display, modify, create derivative works based upon, and sublicense, the user materials for the purpose of providing the site and site products and services and for all other business purposes of Cancertame Private Limited, all without any compensation to you whatsoever. Cancertame Private Limited may remove user materials from the site that are libellous, incorrect, spiteful, or otherwise inappropriate, in Cancertame Private Limited's sole discretion. Cancertame Private Limited shall not be responsible for changes, modifications, or removal any user materials that you submit to the site. Cancertame Private Limited reserves the right to; but is not obligated to monitor, edit or disclose any user materials. Cancertame Private Limited is not obligated to maintain back-up copies of any user materials.


You acknowledge and agree that user materials may be transferred by Cancertame Private Limited and its agents, representatives, contractors, and licensees outside of India. In addition, you acknowledge and agree that it is your obligation to inform third parties of the processing, including, without limitation, transferring across international borders, of their personal information, such as their name, address, and likeness, in connection with the user materials. You agree to ensure that any required third parties have given their consent to such processing as required by all applicable law, statute, ordinance, or regulation, including, without limitation, data protection legislation.

 

5.    Communications With The Website

Cancertame Private Limited welcomes your feedback and suggestions about how to improve our products, information, and services and the site, including, without limitation, the feedback and suggestions and all other information, data, material, or other content to Cancertame Private Limited. Such Submissions shall be deemed user materials in accordance with Section 4 of these Terms and Conditions. Without limiting the foregoing, Cancertame Private Limited is free to use any ideas, concepts, methods, know-how, techniques, and processes contained in any Submission for any purpose whatsoever, including without limitation creating and marketing products, information, or services using such information

6.    Disclaimer of Warranty and Liability

THE SITE, THE SITE MATERIALS AND USER MATERIALS ON, IN, AND MADE AVAILABLE THROUGH THE SITES, AND THE SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THE SITE IS MADE AVAILABLE “AS IS” AND “WITH ALL FAULTS.” USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK.

Cancertame Private Limited OR ITS LICENSORS MAKES NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE SITE, THE USER MATERIALS, THE SITE MATERIALS, THE SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THE SITE, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEMS INTEGRATION, NON-INTERFERENCE, QUALITY, TITLE, AND NON-INFRINGEMENT. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, COMPLETENESS AND EFFORT WITH REGARD TO ANY AND ALL USER MATERIALS, THE SITE, THE SITE MATERIALS, AND THE SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THE SITE, IS WITH YOU.

Cancertame Private Limited CANNOT GUARANTEE EQUAL EFFICACY OF ITS PRODUCTS IN EACH CASE AS THE EFFECT OF ITS PRODUCTS MAY VARY FROM PERSON TO PERSON EVEN FAILING TO HAVE ANY EFFECT IN SOME RARE CASES. THE PRODUCTS PROVIDED BY CANCERTAME PRIVATE LIMITED MAY EVEN HAVE SIDE EFFECTS IN CASE, THE INDIVIDUAL IS ALLERGIC TO ANY OF THE INGREDIENTS OF THE PRODUCT AND Cancertame Private Limited CANNOT BE HELD ACCOUNTABLE IN SUCH CASES, LEGALLY OR OTHERWISE, AS IT IS THE RESPONSIBILITY OF THE USER TO CHECK THE LIST OF INGREDIENTS OF A PARTICULAR PRODUCT BEFORE CONSUMING IT.

Cancertame Private Limited OR ITS LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, EXTRA-CONTRACTUAL, OR PUNITIVE DAMAGES, OF ANY KIND WHATSOEVER, INCLUDING WITHOUT LIMITATION LOST REVENUES OR LOST PROFITS, WHICH MAY OR DOES RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THE SITE, THE USER MATERIALS, THE SITE MATERIALS, THE SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THE SITE, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT Cancertame Private Limited HAD BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL OF THEIR ESSENTIAL PURPOSE.

7.    Indemnification

You shall indemnify Cancertame Private Limited and its directors, officers, employees, agents, contractors and licensors (“Cancertame Private Limited Indemnitees”) against all claims, actions, suits, and other proceedings (“Claims”) arising out of or incurred in connection with the site and your use of the site, your fraud, violation of law, negligence, willful misconduct, or any other use of the site, the user materials, the site materials, the services, products, information and other materials on and in and made available through the site, (except to the extent attributable to Cancertame Private Limited), or any breach by you of these Terms and Conditions and shall indemnify and hold Cancertame Private Limited Indemnitees harmless from and against all judgments, losses, liabilities, damages, costs, and expenses (including without limitation reasonable attorneys’ fees and attorneys’ disbursements) arising out of or incurred in connection with such Claims.

8. Complaint Procedure

If you believe that any photographs or content on the site violate your intellectual property or other rights, please send an E-Mail to Cancertame Private Limited at legal@cancertame.com a comprehensive detailed message setting forth the following information: (1) your name and the name of your company, if any; (2) your contact information, including your e-mail address; (3) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and (4) the following statement: “The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message.”

9. Nature of the Internet

Given the nature of the Internet, the transmission of any communication or material to Cancertame Private Limited via the site or Internet electronic mail, whether encrypted or otherwise, cannot be guaranteed and is not represented to be, secure. Alternative to communicating via the Internet or e-mail, Cancertame Private Limited can be contacted by regular mail at N-136 (Lower Ground Floor), Panchsheel Park, New Delhi - 110017. Use of the Internet is solely at your own risk and is subject to all applicable local, state, national, and international laws and regulations. Without limiting anything else in these Terms and Conditions or otherwise, neither Cancertame Private Limited nor its contractors will be liable for any loss resulting from failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.

10. Corrections and Changes

Cancertame Private Limited may make changes to the site or site materials, or to the products, information, or services made available in connection with the site, at any time, and Cancertame Private Limited makes no commitment to update the information contained on or in the site. Cancertame Private Limited reserves the right to terminate your access to the site in the event that you violate these Terms and Conditions or for any reason whatsoever or no reason, with or without notice, in addition to any and all other remedies available at law or in equity.

Cancertame Private Limited reserves the right at any time to modify, alter or update these Terms and Conditions. Your use of the site following any changes means that you agree to follow and be bound by the terms as changed. It is the obligation of users visiting the site before the change to learn of changes to the Terms and Conditions since their last visit. Any change to the Terms and Conditions shall be effective as to any visitor who has visited the site before the change was made.

11. Governing Law and Jurisdiction

These Terms and Conditions represent the entire agreement between you and Cancertame Private Limited with respect to the subject matter hereof, and supersede any and all prior and contemporaneous written and oral representations, understandings, and agreements, express and implied, and will be governed by and construed in accordance with the laws without reference to its conflict of law rules. By accessing, viewing, or using the works, content, or materials on the site, you consent and agree to

a)     The exclusive jurisdiction and venue for any and all disputes arising out of this Agreement or related to the Service are in the respective courts located in New Delhi

b)     Accept service of process by personal delivery or mail;

c)     Irrevocably waive the right to trial by jury and any jurisdictional and venue defences otherwise available. All disputes will be under Delhi jurisdiction.

12. DIGITAL MILLENNIUM COPYRIGHT ACT ("DMCA") NOTICE

Materials on this Online Service, may be from third parties and not within Cancertame Private Limited's control. Cancertame Private Limited is under no obligation to, and does not, scan content used in connection with the Online Service for the inclusion of illegal or impermissible content. However, Cancertame Private Limited respects the copyright interests of others and, as a policy, does not knowingly permit materials herein that infringe another party's copyright. If you believe any materials on this Online Service infringe a copyright, you should provide us with written notice that at a minimum contains:

      A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

      Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

      Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

      Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;;

      A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

      A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

All DMCA notices should be sent to our designated agent as follows:

      Cancertame Private Limited

      Email: legal@cancertame.com

Cancertame Private Limited may, in appropriate circumstances and at its discretion, terminate the account or access of users who infringe the intellectual property rights of others

13. Miscellaneous

The site is controlled and operated from within India. Without limiting anything else, Cancertame Private Limited makes no representation that the site, site materials, user materials, services, products, information or other materials available on, in, or through the site are appropriate or available for use in other locations, and access to them, from territories where they are illegal, is prohibited. Those who choose to access the site from other locations do so on their own volition and are responsible for compliance with applicable laws. The waiver or failure of Cancertame Private Limited to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms and Conditions. Headings used in these Terms and Conditions are for reference only and shall not affect the interpretation of these Terms and Conditions.

Dated: 26 August 2019

Copyright © 2019 Cancertame Private Limited. All rights reserved.