1. ACCEPTANCE OF TERMS
Welcome to vishvasfertility.com ("Vishvas Fertility"). Vishvas Fertility provides services to you ("You") subject to the following Terms and Conditions ("User Agreement"), which may be updated by us from time to time without notice to you. By accessing and using Vishvas Fertility, you accept and agree to be bound by the terms and provision of the User Agreement. In addition, when using particular Vishvas Fertility owned or operated services, you and Vishvas Fertility shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into the User Agreement. Vishvas Fertility may also offer other services that are governed by different Terms of Service. In such cases the other terms of service will be posted on the relevant service to which they apply.
2. DESCRIPTION OF Vishvas Fertility
Vishvas Fertility is an Infertility Clinic in Marathahalli & HSR Layout, Bangalore. The clinic is visited by infertility specialist like Dr. Basavaraj Devarashetty. Some of the services provided by the Clinic are: Andrology,Recurrent Miscarrige,Hysteroscopy,Reproductive endocrinology and Laparoscopy etc.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of Vishvas Fertility, you represent that you are of legal age to form a binding contract and are not a person barred from using Vishvas Fertility under the laws of India or other applicable jurisdiction. You also agree to: (a) Provide true, accurate, current, and complete information about yourself as prompted by Vishvas Fertility registration form (the "Registration Data") (b) Maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Vishvas Fertility has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Vishvas Fertility has the right to suspend or terminate your account and refuse any and all current or future use of Vishvas Fertility (or any portion thereof). Vishvas Fertility is concerned about the safety and privacy of all its users.
5. MEMBER ACCOUNT, PASSWORD, AND SECURITY
You will receive a password and account designation upon completing Vishvas Fertility registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to: (a) Immediately notify Vishvas Fertility of any unauthorized use of your password or account or any other breach of security. (b) Ensure that you exit from your account at the end of each session.
6. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Vishvas Fertility, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via Vishvas Fertility. Vishvas Fertility does not control the Content posted via Plam Dent Care and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using Vishvas Fertility, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Vishvas Fertility be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via Vishvas Fertility.
You agree to not use Vishvas Fertility to:
a. upload, post, email, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a Vishvas Fertility official, guide, or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through Vishvas Fertility;
e. upload, post, email, transmit, or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary, and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. upload, post, email, transmit, or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
g. upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
h. upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
i. use, or cause to be used, Vishvas Fertility to facilitate the transmission of unsolicited or unauthorized material, including but not limited to promotional materials, URLs, junk mail, chain letters, pyramid schemes, or any other form of unauthorized solicitation that you may upload, post, email, transmit, or otherwise make available.
j. use robots or otherwise harvest others' email addresses from Vishvas Fertility for purposes of sending unsolicited or unauthorized material.
k. upload, post, email, or transmit the same message, URL, or post multiple times.
l. disrupt the normal flow of dialogue, or otherwise act in a manner that negatively affects other users' ability to use Vishvas Fertility;
m. interfere with or disrupt Vishvas Fertility or servers or networks connected to Vishvas Fertility, or disobey any requirements, procedures, policies, or regulations of networks connected to Vishvas Fertility, including using any device, software, or routine to bypass our robot exclusion headers;
n. intentionally or unintentionally violate any applicable local, state, national, or international law, and any regulations having the force of law;
o. stalk or otherwise harass another; and/or
p. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through or above. You acknowledge that Vishvas Fertility may or may not pre-screen Content, but that Vishvas Fertility and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via Vishvas Fertility. Without limiting the foregoing, Vishvas Fertility and its designees shall have the right to remove any Content that violates the User Agreement or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Vishvas Fertility or submitted to Vishvas Fertility, including without limitation information in Vishvas Fertility platform and in all other parts of Vishvas Fertility.
You acknowledge, consent, and agree that Fertility and Gynaecology may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:
(i) comply with legal process;
(ii) enforce the User Agreement;
(iii) respond to claims that any Content violates the rights of third parties;
(iv) respond to your requests for customer service;
(v) protect the rights, property or personal safety of Vishvas Fertility, its users, and the public.
You understand that Vishvas Fertility and software embodied within Vishvas Fertility may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Vishvas Fertility and/or content providers who provide content to Vishvas Fertility. You may not attempt to override or circumvent any of the usage rules embedded into Vishvas Fertility. Any unauthorized reproduction, publication, further distribution, or public exhibition of the materials provided on Vishvas Fertility, in whole or in part, is strictly prohibited
7. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON Vishvas Fertility
Vishvas Fertility does not claim ownership of Content you submit or make available for inclusion on Vishvas Fertility. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of Vishvas Fertility, you grant Vishvas Fertility the following worldwide, royalty-free, and non-exclusive license(s), as applicable:
a. With respect to Content you submit or make available for inclusion on publicly accessible areas of Vishvas Fertility, the license to use, distribute, reproduce, modify, adapt, publicly perform, and publicly display such Content on Vishvas Fertility solely for the purposes of providing and promoting Vishvas Fertility.
b. With respect to photos, graphics, audio, or video you submit or make available for inclusion on publicly accessible areas of Vishvas Fertility, the license to use, distribute, reproduce, modify, adapt, publicly perform, and publicly display such Content on Vishvas Fertility solely for the purpose for which such Content was submitted or made available.
c. With respect to Content other than photos, graphics, audio, or video you submit or make available for inclusion on publicly accessible areas of Vishvas Fertility, the perpetual, irrevocable, and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed. "Publicly accessible" areas of Vishvas Fertility are those areas of vishvasfertility.com that are intended by Vishvas Fertility to be available to the general public.
8. CONTRIBUTIONS TO Vishvas Fertility
By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to Vishvas Fertility through its suggestion or feedback web pages, you acknowledge and agree that:
(a) Your Contributions do not contain confidential or proprietary information;
(b) Vishvas Fertility is not under any obligation of confidentiality, express or implied, with respect to the Contributions;
(c) Vishvas Fertility shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide;
(d) Vishvas Fertility may have something similar to the Contributions already under consideration or in development;
(e) Your Contributions automatically become the property of Vishvas Fertility without any obligation of Vishvas Fertility to you;
(f) You are not entitled to any compensation or reimbursement of any kind from Vishvas Fertility under any circumstances.
You agree to indemnify and hold Vishvas Fertility and its subsidiaries, affiliates, officers, agents, employees, partners, and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit, modify, or otherwise make available through Vishvas Fertility, your use of Vishvas Fertility, your connection to Vishvas Fertility, your violation of the User Agreement, or your violation of any rights of another.
10. NO COMMERCIAL REUSE OF Vishvas Fertility
You agree not to reproduce, duplicate, copy, sell, trade, resell, or exploit for any commercial purposes, any portion or use of, or access to, Vishvas Fertility (including Content, advertisements, Software, and your Vishvas Fertility User ID).
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Vishvas Fertility may establish general practices and limits concerning use of Vishvas Fertility, including without limitation the maximum number of days any uploaded Content will be retained by Vishvas Fertility, the maximum number of email messages that may be sent from or received by an account on Vishvas Fertility, the maximum size of any email message that may be sent from or received by an account on Vishvas Fertility, and the maximum number of times (and the maximum duration for which) you may access Vishvas Fertility in a given period of time. You agree that Vishvas Fertility has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by Vishvas Fertility. You acknowledge that Vishvas Fertility reserves the right to deactivate accounts that are inactive for an extended period of time. You further acknowledge that Vishvas Fertility reserves the right to modify these general practices and limits from time to time.
12. MODIFICATIONS TO Vishvas Fertility
Vishvas Fertility reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, vishvasfertility.com (or any part thereof) with or without notice. You agree that Vishvas Fertility shall not be liable to you or to any third party for any modification, suspension or discontinuance of vishvasfertility.com (or any part thereof).
You may terminate your Vishvas Fertility account, any associated email address, and access to Vishvas Fertility by submitting such termination request to Vishvas Fertility. You agree that Vishvas Fertility may, without prior notice, immediately terminate, limit your access to or suspend your Vishvas Fertility account, any associated email address, and access to Vishvas Fertility. Cause for such termination, limitation of access or suspension shall include, but not be limited to:
(a) Breaches or violations of the User Agreement or other incorporated agreements or guidelines
(b) Requests by law enforcement or other government agencies
(c) Discontinuance or material modification to Vishvas Fertility (or any part thereof)
(d) Unexpected technical or security issues or problems
(e) Extended periods of inactivity
(f) Engagement by you in fraudulent or illegal activities
(g) Nonpayment of any fees owed by you in connection with Vishvas Fertility.
Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in Vishvas Fertility sole discretion and that Vishvas Fertility shall not be liable to you or any third party for any termination of your account, any associated email address, or access to Vishvas Fertility.
Termination of your Vishvas Fertility account includes any or all of the following:
(a) Removal of access to all or part of the offerings within Vishvas Fertility
(b) Deletion of your password and all related information, files, and content associated with or inside your account (or any part thereof)
(c) Barring of further use of all or part of Vishvas Fertility.
Vishvas Fertility may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that Vishvas Fertility is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Vishvas Fertility shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
15. Vishvas Fertility PROPRIETARY RIGHTS
You acknowledge and agree that Vishvas Fertility and any necessary software used in connection with Vishvas Fertility ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through Vishvas Fertility or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by Vishvas Fertility or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform, or create derivative works based on Vishvas Fertility, such Content or the Software, in whole or in part.
Vishvas Fertility grants you a personal, non-transferable, and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to Vishvas Fertility. You agree not to access vishvasfertility.com by any means other than through the interface that is provided by Vishvas Fertility for use in accessing vishvasfertility.com.
16. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
A. YOUR USE OF Vishvas Fertility AND ITS UNDERLYING SOFTWARE ARE AT YOUR SOLE RISK. Vishvas Fertility AND ITS UNDERLYING SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Vishvas Fertility AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
B. Vishvas Fertility AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS MAKE NO WARRANTY THAT
(I) Vishvas Fertility OR ITS UNDERLYING SOFTWARE WILL MEET YOUR REQUIREMENTS;
(II) Vishvas Fertility OR ITS UNDERLYING SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
(III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF Vishvas Fertility OR ITS UNDERLYING SOFTWARE WILL BE ACCURATE OR RELIABLE;
(IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH Vishvas Fertility OR ITS UNDERLYING SOFTWARE WILL MEET YOUR EXPECTATIONS;
(V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
C. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF Vishvas Fertility OR ITS UNDERLYING SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
D. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Vishvas Fertility OR THROUGH OR FROM Vishvas Fertility OR ITS UNDERLYING SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE USER AGREEMENT.
17. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Vishvas Fertility AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, MONETARY DAMAGES, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Vishvas Fertility HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
(A) THE USE OR THE INABILITY TO USE Vishvas Fertility;
(B) HIRING A EXPERTS OR PROFESSIONAL BASED ON THE INFORMATION PRESENTED ON Vishvas Fertility;
(C) THE COST OF HIRING A EXPERTS OR PROFESSIONAL BASED ON THE INFORMATION PRESENTED ON Vishvas Fertility;
(D) THE COST OF PROCUREMENT OF GOODS AND SERVICES BASED ON THE INFORMATION PRESENTED ON Vishvas Fertility;
(E) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES;
(F) STATEMENTS OR CONDUCT OF ANY EXPERTS, PROFESSIONAL, USER, OR THIRD PARTY ON Vishvas Fertility;
(G) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(H) ANY OTHER MATTER RELATING TO Vishvas Fertility.
18. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
Vishvas Fertility may provide you with notices, including those regarding changes to the User Agreement, including by but not limited to email, regular mail, SMS, MMS, text message, postings on Vishvas Fertility, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this User Agreement by accessing Vishvas Fertility in an unauthorized manner. Your agreement to this User Agreement constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed Vishvas Fertility in an authorized manner.
20. TRADEMARK INFORMATION
You agree that all of Vishvas Fertility trademarks, trade names, service marks, and other Vishvas Fertility logos and brand features, and product and service names are trademarks and the property of vishvasfertility.com (the "Vishvas Fertility Marks"). Without Vishvas Fertility prior permission, you agree not to display or use the Vishvas Fertility Marks in any manner.
21. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
Vishvas Fertility respects the intellectual property of others, and we ask our users to do the same. Vishvas Fertility may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Vishvas Fertility the following information:
a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
b. a description of the copyrighted work or other intellectual property that you claim has been infringed;
c. a description of where the material that you claim is infringing is located on the site;
d. your address, telephone number, and email address;
e. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
f. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Vishvas Fertility Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
By email: firstname.lastname@example.org with subject: Copyright violation
22. GENERAL INFORMATION
Entire Agreement. The User Agreement constitutes the entire agreement between you and Vishvas Fertility and governs your use of Vishvas Fertility, superseding any prior version of this User Agreement between you and Vishvas Fertility with respect to Vishvas Fertility. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Vishvas Fertility services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. You and Vishvas Fertility each agree that the User Agreement and the relationship between the parties shall be governed by the Indian Law without regard to its conflict of law provisions and that any and all claims, causes of action, or disputes (regardless of theory) arising out of or relating to the User Agreement, or the relationship between you and Vishvas Fertility, shall be brought exclusively in the courts located in the Indian Court located in Bangalore. You and Vishvas Fertility agree to submit to the personal jurisdiction of the courts located within Bangalore, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
Waiver and Severability of Terms. The failure of Vishvas Fertility to exercise or enforce any right or provision of the User Agreement shall not constitute a waiver of such right or provision. If any provision of the User Agreement 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 the other provisions of the User Agreement remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your Vishvas Fertility account is non-transferable and any rights to your Vishvas Fertility User ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. 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 Vishvas Fertility or the User Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the User Agreement are for convenience only and have no legal or contractual effect.