Terms for Use of Website

1. ACCEPTANCE OF THE TERMS AND CONDITIONS

• 1.1 Please read these website terms of use (hereinafter “Terms”) carefully before accessing and using this website (hereinafter “Site”). These Terms govern your access, browsing and use of the Site (herein after “Use/Using”). Please do not Use the Site If you do not agree to all the Terms.

• 1.2 The Site is available only to persons who have reached the age of legal majority and entities, competent to enter into a legally binding agreement(s) under the applicable law. If You do not qualify, You are not permitted to use the Site.

• 1.3 The Site is available for your Use only on the condition that you agree to the Terms as set forth below, therefore, by Using the Site, you signify your agreement to be bound by the Terms and it is deemed that You have read, understood and accepted, without limitation and qualification, the Terms set out herein.

2. USE OF INFORMATION

• 2.1 Use of this Site does not confer any license or ownership on any Information of the Company.

• 2.2 The conflict situation can arise when an individual takes actions or has interests that may make it difficult to perform his or her Company work objectively and effectively. The conflict of interest may also arise when an officer, employee or director or a member of his or her family, receives improper personal benefits as a result of his or her position in the Company, whether received from the Company or a third party. Loans to, or guarantees of obligations of Stakeholders and their respective family members may create conflicts of interest. There are many other situations that could create a conflict but these are some of the more common ones we could face.

• 2.3 A reference to a product or service (hereinafter “Product”) on this Site does not imply that such Product is available in your country and the Information on the Product may also vary from country-to-country. Dispensation of Products may also be subject to regulatory guidelines such as on prescription of registered medical practitioner.

3. DISCLAIMER OF WARRANTIES

• 3.1 The Information/Content is provided on “AS IS” basis and the Company makes no representations about the results to be obtained from using the Site. No representation or warranty is provided as to the authenticity /correctness / sufficiency of the Information. The Company does not assume any liability or responsibility and hereby disclaims all warranties and conditions whether express or implied, statutory or otherwise including without limitation implied warranties of merchantability, accuracy, fitness for a particular purpose, sufficiency, workmanship, title, completeness, use, consumption and non-infringement of third party rights.

• 3.2 The Company, has adopted reasonable security practices and procedures for the security and protection, in line with the internationally accepted standards which includes, technical, operational and physical security control measures. However, the Company does not guarantee security and You agree that You Use the Site at your own risk. In no event shall the Company be liable for any damages of any kind or nature whatsoever including but not limited to incidental, consequential, punitive damages or any claims or losses, whether foreseeable or not; or whether being informed of the possibility in advance, resulting from or in connection with the Use of the Site, any other third-party site, the links contained in any site or the inability to use the Site. This includes damage to your computer equipment or any viruses that may infect your computer equipment.

4. RESTRICTIONS ON USE OF THE WEBSITE

• 4.1 In addition to other restrictions set forth in these Terms of Use, You agree that:

  • 4.1.1 You shall not disguise the origin of information transmitted through the Site.

  • 4.1.2 You will not place false or misleading information on the Site.

  • 4.1.3 You will not use or access any service, information, application or software available via the Site in a manner not expressly permitted by the Company.

  • 4.1.4 You will not input or upload to the Web Site any information that may contain viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, the Web Site or Information or that infringes the Intellectual Property rights of another.

  • 4.1.5 You may not use or access the Site in any way that, in adversely affects the performance or function of the Site or Systems.

  • 4.1.6 You may not frame or utilize framing techniques to enclose any portion or aspect of the Content or the Information, without the express written consent of the Company.

5. YOUR INFORMATION

• 5.1 Your personal details, medical records, IP address, data, answers to specific queries, comments, suggestions that you transmit or post on the Site, voluntarily or involuntarily, by logging in, browsing, filling up forms, electronic mail or otherwise, (hereinafter referred to as the “Your Information”), shall be treated as non-confidential and non- proprietary information and shall become the property of the Company. The Company may store, use, reproduce, disclose, transmit, publish, broadcast or further post, the Your Information for legitimate business analytics/purposes without any compensation to You.

• 5.2 With respect to any individual whose personal information is provided by You, You represent that You have obtained all necessary consents for the processing of such personal information by the Company.

• 5.3 You also expressly acknowledge that the Company is free to store, use any ideas, concepts, know-how or techniques contained in any Your Information, for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products, without any compensation to the user. In case of a change in control of the Company, the Company reserves the right to transfer Your Information to the new party.

• 5.4 Please refer to the Privacy Policy for more details in this regard.

6. LINKS

• 6.1 The Site may contain links to third-party web sites, which are provided as a convenience to You. These links are not under the control of the Company, and inclusion of any link does not imply endorsement by the Company of such web site. The Company make no claim, and are not responsible for such third-party web sites.

• 6.2 Outbound Links: The Site may contain links to third-party websites and resources (hereinafter "Linked Sites"). These Linked Sites are provided solely as a convenience to You and not as an endorsement by the Company. The Company makes no representations or warranties regarding the correctness, accuracy, performance or quality of any content, software, service or application found at any Linked Site. The Company shall not be responsible for the availability of the Linked Sites or the content or activities of such sites. If You decide to access Linked Sites, You do so at Your own risk. In addition, Your use of Linked Sites is subject to any applicable policies and terms and conditions of use, including but not limited to, the Linked Site's privacy policy.

• 6.3 Inbound Links: Linking to any page of the Site is strictly prohibited in the absence of a separate linkage agreement with the Company. Any website or other devices that link or any page available therein is prohibited from:

  • 6.3.1 replicating Content/Information,

  • 6.3.2 using a browser or border environment around the Content/Information,

  • 6.3.3 implying in any fashion that the Company or any of its affiliates endorse it or its products,

  • 6.3.4 misrepresenting any state of facts, including its relationship with the Company,

  • 6.3.5 presenting false information about the Companies products, and

  • 6.3.6 using any logo or mark of the Company without express written permission from the Company.

7. NON-TRANSFERRABLE

The Company may share Information with the following entities:

• 7.1 Your rights to access the Site and related websites is strictly non-transferrable. Any password, right or access given to you to obtain information or documents is not transferrable and remains the exclusive property of the Company.

8. NO ADVICE

• 8.1 All Information including any information relating to any Product on the Site is provided for general information purposes only and is not intended for use such as medical information, as an alternative to consulting with qualified doctors or medical professionals, or for use for commercial/legal purposes, investment advisory/offers, instructions on the use of the Products etc.

9. TERMINATION

• 9.1 You agree that the Company, at its sole discretion, may terminate or suspend Your use of the Site at any time and for any or no reason, even if access and use continue to be allowed to others. Furthermore, You agree that the Company shall not be liable to You or to any third party for any termination or suspension of Your access to the Site. Upon such suspension or termination, You must immediately discontinue Your Use of the Site.

• 9.2 Accessing the Site, after such termination, suspension or discontinuation shall constitute an act of trespass.

10. SEVERABILITY

• 10.1 If any term or conditions herein is held to be either illegal or unenforceable, in whole or in part, under any enactment or rule of law, such a term or condition may to the extent possible considered modified to be read in consonance with law or severed. Such modification/severance shall not affect the other terms and conditions, which shall remain fully enforceable.

11. INTELLECTUAL PROPERTY

• 11.1 Any and all intellectual property rights ("Intellectual Property") associated with the Site, Information and its contents (hereinafter "Content") whether registered/registrable or not as intellectual property, are the sole property of the Company and is protected by Intellectual Property, international treaties and other laws both in India and other countries. Elements of the Site are also protected by trade name, trade secret, unfair competition, and other laws and may not be copied or imitated in whole or in part. All customised graphics, icons, and other items that appear on the Web Site are trademarks, service marks or trade name ("Marks") of Company or other companies that have granted Company the right and licence to use such Marks and may not be used or interfered with in any manner without the express written consent of the Company.

• 11.2 Except as otherwise expressly authorised by these Terms, You may not copy, reproduce, modify, amend, lease, loan, sell and/or create derivative works from, upload, transmit, and/or distribute the Intellectual Property of the Web Site in any way without Company's prior written permission or that of an appropriate third party.

• 11.3 Except as expressly provided herein, the Company does not grant You any express or implied rights to the Intellectual Property of the Company or that of any third party. The Company hereby grants You only a limited, personal, non-transferable, non-sub licensable, revocable licence to (a) Use only the Site, Content and Information only in the manner presented by the Company, and (b) access and use the computer and network services offered within the Site (hereinafter “Systems”) only in the manner expressly permitted by the Company. Except for this limited license, the Company does not convey any interest in or to the Systems, Information, Content or any other property of the Company by permitting You to access the Site.

• 11.4 Except to the extent required by law or as expressly provided herein, none of the Content and/or Information may be reverse-engineered, modified, amended, reproduced, republished, translated into any language or computer language, re-transmitted in any form or by any means, resold or redistributed without the prior written consent of the Company. You may not make, sell, offer for sale, modify, amend, reproduce, display, publicly perform, import, distribute, retransmit or otherwise use the Content and/or Information in any way unless expressly permitted to do so by the Company.

12. COMPLIANCE

• 12.1 You are prohibited from altering the Site or posting or transmitting any unlawful, threatening, libellous, vulgar, discriminatory, defamatory, obscene, scandalous, inflammatory, profane material that could constitute or encourage conduct of the nature of an offence and/or hurt the religious feelings of a particular community, sect, group or hurt public sentiments or give rise to a civil/criminal liability or otherwise violate any law. In such cases the Company shall at its own discretion initiate legal action and/or inform the law enforcement authorities.

13. GOVERNING LAW AND JURISDICTION

• 13.1 This Site is created and controlled by Avanos Biotech in New Delhi (India); as such all the terms and conditions expressed herein are governed by and to be interpreted in accordance with the laws of India, and all disputes arising in relation to these terms whether in contract or tort or otherwise, is to be submitted to the jurisdiction of the courts located in New Delhi, India.

14. MODIFICATION

• 14.1 The Company reserves the right to update, change, modify, delete any of the Terms, in whole or part at any time, and or may suspend the operation of this Site for support or maintenance work, without notice. Any changes or updates will be effective immediately upon posting the revised Terms on the Site. You are expected to review this statement periodically as Your continued use of this Site constitutes an acceptance of any and all revised Terms

15. LIMITATION OF LIABILITY

• 15.1 In no event, the Company shall be liable for any incidental, indirect, exemplary, punitive and/or consequential damages, lost profits, and/or damages resulting from lost data or business interruption resulting from the Use of and/or inability to Use the Site whether based on warranty, contract, tort, delict, or any other legal foundation, and whether or not the Company is advised of the possibility of such damages.

16. INDEMNIFICATION

• 16.1 You agree to indemnify and hold the Company, its directors, employees, officers and consultants, harmless from any and all claims, expenses, demands or damages, whether direct or indirect including reasonable attorney fees, or other loss arising out of Your Use of this Site.