WEBSITE TERMS & CONDITIONS
These “Terms & Conditions” set out the terms and conditions for access and use of the online digital platform Mito (“Platform”), which is owned independently and operated by Human Edge Advisory Services Private Limited (“Company”), and any videos, information, text, documents, medical, scientific, research materials and publications, graphics, photos or other materials relating to therapy areas and products, uploaded, downloaded or appearing on the Platform are created, owned or modified independently by the Company’s third party exclusive Platform partner (collectively referred to as “Content”).
Although we may attempt to notify you when major changes are made to these Terms & Conditions, you should periodically review the most up-to-date version on the web Platform. Nothing in these Terms & Conditions shall be deemed to confer any third-party rights or benefits.
- Acceptance of the Terms and Conditions: Access to and use of this Platform is subject to the Terms and Conditions as set out herein and all applicable laws. By accessing and browsing this Platform, it is deemed that the User has read, understood and accepted, without limitation or qualification, the Terms and Conditions set out herein. The User also acknowledges that any agreement with the Company, to the extent they conflict with these Terms and Conditions, except where mutually agreed and expressly agreed by the Company to be so amended, are superseded and of no force or effect. If you do not agree to the Terms and Conditions, you may not access or use this Platform. Any User who uses or accesses the Platform from within India or outside India shall use or access the Platform and/or Contents entirely at the User’s own risk and remain responsible for compliance with the laws of the User’s jurisdiction.
- Use of Information: User will use the Information only as a reference aid, and that such material is not intended to be (nor should it be used as) a substitute for the exercise of professional judgement. In view of the possibility of human error or changes in medical science, User should confirm the Information through independent sources. You should assume that everything you read or see on this Platform is copyrighted according to applicable laws, unless otherwise noted; and may not be used except as laid down in these Terms and Conditions. The Company neither warrants nor represents that the use of the Content will not infringe any rights of third parties. Use of this Platform does not confer any license or right to the Content or any copyright of the exclusive Platform partner of the Company in such Content. The trademarks, logos, service marks displayed on the Platform (collectively the “Trademarks”), are registered and unregistered trademarks of the Company and/or its exclusive Platform partner, as the case may be. Nothing in this Platform should be construed as granting any license or right to use any Trademarks or Information without the prior written permission of the Company and/or its exclusive Platform partner.
- Medical Information: Information relating to any products or medical devices on this Platform (collectively the “Products”), scientific literature, research materials and presentations thereof or regarding therapy areas is provided by the Company’s exclusive Platform partner as part of Contents solely for reference use of healthcare professionals only and should not be accessed or used by any other individual or entity. This Platform is not intended towards any product promotion and is solely for knowledge advancement. Products may not be available in all countries or may be available under a different brand name, in different strengths, or for different indications.
- Disclaimer of Liability: The Information, software, Products and services, included in or available through the Platform may include inaccuracies or typographical errors. The Company and/or its exclusive Platform partner assumes no liability or responsibility for any such errors and hereby disclaims all warranties and conditions, including all implied warranties and conditions of merchantability, fitness, title, completeness and non-infringement with regard to the aforementioned information. For the purposes of this clause, a reference to the Company and/or its exclusive Platform partner shall also deem to include a reference to the affiliates, directors, officers, employees, consultants of the Company and/or its exclusive Platform partner. The Company and/or its exclusive Platform partner cannot guarantee that the information on this Platform is accurate, complete or up-to-date. While the Company intends to make every attempt to keep the information in this Platform current, the owners of and contributors of Content to this Platform make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in this Platform. Since advice must be tailored to the specific circumstances of each case, nothing on this Platform should be used as a substitute for the advice of competent medical practitioner. User should always consult a doctor or other qualified healthcare professional regarding any questions about his/her health, any specific medical problem/issue or before making any treatment decisions.
- User Information: Any communication, questions, comments, suggestions or material, which are in relation to general information or of an academic nature that the user transmits or posts on the Platform by electronic mail or otherwise (excluding any personal information) (“User Information”), may not be considered confidential or proprietary information. However, the Company may store or use the User Information limited to, reproduction, disclosure, transmission, publication, broadcast or further posting only for the following intended purposes: (a) respond to User queries regarding the Platform or its Contents, (b) have efficient communication and (c) to provide Users with efficient service, specifically in respect of the following: providing lifestyle recommendations based on multiple inputs from multiple channels (“Intended Purpose”). Upon termination of the services, the User acknowledges that the Company will transfer the User Information to the exclusive Platform partner or its designee only and thereafter, will be governed by the terms and conditions of the exclusive Platform partner. Notwithstanding the above, the Users are prohibited from altering the Platform or posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, profane material that could constitute or encourage conduct that would be considered a criminal offence, give rise to a civil liability or otherwise violate any law. The Company will cooperate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity of anyone posting such information or materials. The user agrees to indemnify and hold the Company and its exclusive Platform partner and their respective affiliates, directors, employees, consultants harmless from any claim, demand or damage, including reasonable attorney fees due to or arising out of the users conduct as aforesaid.6. Links: The Platform may contain links to third-party websites, which are provided as a convenience to the users. The tools do not give professional advice or recommend particular products. The links are not under the control of the Company, and inclusion of any link does not imply endorsement by the Company of such website. The Company and/or any of their respective Affiliates, Directors, employees, officers, consultants make no claim, and are not responsible for, any information found in such third-party websites. No personal data is collected through such links of the third-party websites and the Company is not collecting or storing or processing any such personal data in its server. The Company and/or its exclusive Platform partner shall not be responsible in any way for any data breach or any claims which happens through such third-party websites or plugins.
7. Non-transferrable: Users’ right to access the Platform and related websites is strictly non-transferable. Any password, right or access given to a user to the Platform is not transferable and remains the exclusive property of the Company. User is not authorised to access or use the Contents except through the Platform, unless expressly permitted under a separate arrangement with the exclusive Platform partner and the Company has no right to remove Content outside the Platform or provide access to the Content to the Users outside the Platform without the prior written consent of the exclusive Platform partner.
8. No Advice: The Platform is designed to provide general information, academic and educational purposes to the healthcare professionals. The Platform does not intend to provide medical advice, nor does it provide instructions on the appropriate use of the Products.
9. Limitation of Liability: The Company (a) does not warrant the accuracy, completeness, currency or non-infringement of the Information provided in the Platform hereunder; and (b) expressly disclaims all warranties and conditions, express, implied or statutory, including without limitation the implied warranties or conditions of merchantability, fitness for a particular purpose, and non-infringement. While the Content has been obtained from sources believed to be reliable, neither the Company nor its exclusive Platform partner, which is the content provider warrant the accuracy of the Content. The User shall obtain expert advice before relying on any Content. The use of the Platform is at the risk of the User. In no event shall the Company and/or its exclusive Platform partner or any of their respective affiliates, directors, employees, officers, consultants, be liable for, directly or indirectly, any damages of any kind or nature, including without limitation, direct, indirect, incidental, consequential, or any claims or losses, whether foreseeable or not; or whether the User has been informed of the possibility in advance, resulting from or in connection with the creation or use of, or reliance in the Platform, any other third-party website, the links contained in any Platform or the inability to use the Platform. This limitation includes damage to your computer equipment and/or mobile device (“Devices”) or any viruses that may infect your Devices. The Company and/or its exclusive Platform partner does not under any circumstance assume responsibility or liability for any of the ideas, suggestions, opinions, comments, observations or other materials made or posted or shared by the Users with the Company, and/or any text, data, photographs, video, music, sound, chat, messages, files or other material provided by Users (collectively, “User Submissions”) are not endorsed by the Company and/or its exclusive Platform partner, and there is no guarantee offered hereunder regarding the reliability, accuracy, or quality of any User Submission that is posted on the Platform. User shall evaluate and bear any risks related to the use of any User Submission, including any reliance on the accuracy, completeness, or usefulness of such User Submission. The Company and/or its exclusive Platform partner expressly disclaims any and all liability in connection with User Submissions. The Company, with express written consent of its exclusive Platform partner, reserves the right to remove Content and User Submissions in its sole discretion. The Company, with express written consent of its exclusive Platform partner, also reserves the right to terminate a User’s access to the Platform at any time, at its sole discretion, with prior notice. We do not offer medical advice, and nothing contained in the Content is intended to constitute professional advice for medical diagnosis or treatment. The information contained in the app and site delivers similar information to that of a textbook or other health resource. We accept no responsibility for the correctness of any diagnosis based in whole or in part upon the use of the Platform. The inclusion on the site of advertisements for specific products or manufacturers indicate endorsement by the Company. The Company and/or its exclusive Platform partner, or their respective directors, employees or agents, will not be responsible/ liable for any loss, damage, injury caused to a User arising out of use of the information on this Platform, including legal action arising out of medical negligence or other third-party action due to professional misconduct or omissions/acts of its service providers. Also, the Company and/or its exclusive Platform partner or their respective directors, employees or agents, will not be responsible/ liable for any loss or damage caused to its service providers as a result of any claim made by the User including any legal action arising out of professional misconduct or violation of applicable laws governing the profession of the service providers. The provision relating to the absence of liability of the Company and /or its exclusive Platform partner, survives the expiration or termination of these terms and use for any reason whatsoever. The Company and/or its exclusive Platform partner disclaims any warranties express or implied connected with use of the Content on the Platform including its quality, availability or accuracy.
10. Copyright Notice: This Platform and its entire content are subject to copyright protection. The Contents of the Platform should not be copied in any circumstances without the prior express consent of the exclusive Platform Partner of the Company and the Company. Except as expressly authorized herein, the User should not display, download, distribute, reproduce, republish, or transmit any information, text, images, documents contained in the Platform, without the express prior written consent of the Company and its exclusive Platform partner. The use of any Content from the Platform, without proper citation, is strictly prohibited and infringes on the intellectual property rights and may subject the User to civil and criminal penalties, including possible monetary damages, for copyright infringement. Any content, trademark(s), or other material that may be found on the Platform that is not the property of the Company’s or its exclusive Platform partner, remains the copyright of its respective owner(s). In no way does the Company’ or its exclusive Platform partner claim ownership or responsibility for such items, and you should seek legal consent for any use of such materials from its owner. The User is strictly prohibited from using any Content or incorporating portions of the Content into a different website. The User must first seek prior written permission from the Company’s exclusive Platform partner if the User intends to use any Content or incorporate portions of the Content into a different website. The User is not allowed to link to the Platform if the User is engaged in the publication or promotion of illegal, obscene, or offensive content, or if the link in any way negatively impacts the reputation of the Company and/or its exclusive Platform partner.
11, Miscellaneous: If any provision of the Terms and Conditions is held by a court of competent jurisdiction to be unlawful, invalid or void, the remaining provisions of the Terms and Conditions shall remain in full force and effect.
- Although the Company will not be liable for your losses caused to you by any unauthorized use of your account, you may be liable for the losses of the Company and/or its exclusive Platform partner or others due to such unauthorized use.
- Content is provided to you on an “AS IS” basis. You may access Content for your information, academic, education and personal use solely for the Intended Purpose through the provided functionality of the Platform and as permitted under these Terms & Conditions. You shall not download any Content.
- You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
- Our Services are not directed to persons under 18. If you become aware that your child has provided us with personal information without your consent, please contact us. If the Company becomes aware that an individual under 18 years of age has provided us with personal information, the Company shall take steps to remove such information and terminate the child’s account.
- Your Content and Conduct
- As an account holder of the Platform, the Users may submit texts, likes and user comments basis available technology features in the Platform, which you may voluntarily choose to use. You understand that the Company and/or its exclusive Platform partner does not guarantee any confidentiality with respect to any User Information.
- Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE PLATFORM and CONTENT SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY AND/OR ITS EXCLUSIVE PLATFORM PARTNER AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS EXCLUDE ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY AND/OR ITS EXCLUSIVE PLATFORM PARTNER EXCLUDES ALL WARRANTIES, CONDITIONS, TERMs OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS PLATFORM’S CONTENT OR THE CONTENT OF ANY PLATFORMS LINKED TO THIS PLATFORM AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR 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 THE PLATFORM. The data contained in Mito and the Human Edge website, including the text, images, and graphics, are for informational purposes only. Use of the app and site is not intended to be a substitute for professional medical, coaching and/or training judgement and you should promptly contact your own health care and/or provider regarding any medical conditions or medical questions that you have. THE APP AND WEB SITE
To the extent permitted by applicable law, the User agrees to defend, indemnify and hold harmless the Company, its parent corporation, and/or its exclusive Platform partner and their respective affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Platform and/or the Content; (ii) your violation of any term of these Terms & Conditions; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that the Content accessed and used by you and/or your User Information caused damage to a third party. It may be noted that this indemnity clause shall survive even if you cease to be the User of the Platform.
- Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age and are fully able and competent to enter into the Terms & Conditions, obligations, affirmations, representations, and warranties set forth in these Terms & Conditions, and to abide by and comply with these Terms & Conditions of Service. You acknowledge that we have given you a reasonable opportunity to review these Terms & Conditions and that you have agreed to them.
These Terms & Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by the user.