AGREEMENT BETWEEN USER AND HEALTHHELP (a WNS Company)
The HealthHelp Web Site is comprised of various Web pages operated by the WNS Group.
The HealthHelp Web Site is offered to you on your unconditional acceptance of the same without modification of any of the terms, conditions, and notices contained herein. Your use of the HealthHelp Web Site constitutes your unconditional and irrevocable agreement and acceptance to all such terms, conditions, and notices.
LINKS TO THIRD PARTY SITES
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the HealthHelp Web Site, you covenant, undertake and warrant to HealthHelp that you will not use the HealthHelp Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the HealthHelp Web Site in any manner which could damage, disable, overburden, or impair the HealthHelp Web Site or interfere with any other party’s use and enjoyment of the HealthHelp Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the HealthHelp Web Sites.
You agree that you shall NOT do any of the following, nor use the HealthHelp Web Sites to do any of the following:
upload, post, email, transmit or otherwise make available any information, material or other content (collectively “Content”) that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, indecent, pornographic, libelous, invasive of another’s privacy, false, inaccurate, misleading, incomplete, stale, hateful, or racially, ethnically or otherwise objectionable, offensive or inappropriate;
harm minors in any way;
impersonate any person or entity, including but not limited to a HealthHelp employee, or falsely state or otherwise misrepresent your affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the HealthHelp Web Sites;
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 non-disclosure agreements);
upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights, publicity rights, privacy rights or other rights of HealthHelp, or any third party;
upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising;
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;
interfere with or disrupt the HealthHelp Web Sites or servers or networks connected to the HealthHelp Web Sites, or disobey any requirements, procedures, policies or regulations of networks connected to the HealthHelp Web Sites;
provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the Indian Government as a foreign terrorist organization;
“stalk” or otherwise harass another user or third-party;
collect or store personal data about other users or third party;
send email in violation of any Indian Enactment or Statute for the time being inforce or any other applicable anti-“spam” law to HealthHelp, or any third party;
use any device, software or routine, including but not limited to any viruses, spyware, malware, trojan horses, worms, time bombs, cancel bots or denial-of-service attacks, intended to damage or interfere with the proper working of the HealthHelp Web Sites or any transaction being conducted on our site, or to surreptitiously intercept or expropriate any system, data or personal information from the HealthHelp Web Sites;
“frame” or “mirror” the HealthHelp Web Sites or any portion thereof;
take any action that imposes an unreasonable or disproportionately large load on the HealthHelp infrastructure, including but not limited to “spam” or other such unsolicited mass emailing techniques;
use the HealthHelp Web Sites in any manner if you are a competitor of HealthHelp, including without limitation soliciting Professional / Candidates, or Employees of HealthHelp for any purpose whatsoever;
resell or make available to any non-user any of the HealthHelp’ services, the HealthHelp Web Sites or any content on the HealthHelp Web Sites, or use the HealthHelp Web Sites for any unlawful, commercial, research or information gathering purposes; or
delete or revise any material posted by another User on the HealthHelp Web Sites, access data not intended for you on the HealthHelp Web Sites, or log into an account which you are not authorized to access.
Please report any prohibited conduct by other Users to firstname.lastname@example.org.
USE OF COMMUNICATION SERVICES
The HealthHelp Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights there to or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Violate any applicable laws or regulations.
HealthHelp has no obligation to monitor the Communication Services. However, HealthHelp reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. HealthHelp reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
HealthHelp reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in HealthHelp’ sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. HealthHelp does not control or endorse the content, messages or information found in any Communication Service and, therefore, HealthHelp specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized HealthHelp spokespersons, and their views do not necessarily reflect those of HealthHelp.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO HEALTHHELP OR POSTED AT ANY HEALTHHELP WEB SITE
HealthHelp does not claim ownership of the materials you provide to HealthHelp (including feedback and suggestions) or post, upload, input or submit to any HealthHelp Web Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting HealthHelp, its affiliated companies and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. HealthHelp is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in HealthHelp’ sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE HealthHelp WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HealthHelp AND/OR ITS AUTHORIZED SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE HealthHelp WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE HealthHelp WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
HealthHelp AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE HealthHelp WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “ASIS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. HealthHelp AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
SERVICE CONTACT: email@example.com
HealthHelp’ Services, HealthHelp Web Sites (including all content thereon) and all intellectual property rights in or related to the HealthHelp Web Sites, including but not limited to copyrights, patents, trademarks, service marks and any feedback left by Users on the HealthHelp Web Sites, are owned and/or licensed by HealthHelp, and all right, title and interest in the HealthHelp Web Sites, HealthHelp’ related services and the related intellectual property rights, are and shall remain HealthHelp’ sole property. This includes, without limitation, the “wnsgs.com” and “wns.com” URL, wnsgs.com and wns.com design logo, and certain other names and logos used by HealthHelp, all of which are service marks or trade marks of HealthHelp. This also includes, without limitation, the “look and feel” of the HealthHelp Web Sites (including design, layout, color combinations, button shapes and other graphical elements), which is protected by HealthHelp’ service marks, trade marks and copyrights.
You agree to indemnify, defend, and hold harmless HealthHelp and its affiliates, officers, directors, employees and agents from and against any and all claims, demands, actions, losses, costs, expenses (including without limitation reasonable attorneys’ and Professional / Candidates’ and consultants’ fees), damages or other liabilities, of any kind or nature, (collectively “Liabilities”) which arise out of, result from, allege, or otherwise relate to:
(i) your use of the HealthHelp Web Sites or the HealthHelp’ related services
(ii) any information, materials or content you post on the HealthHelp Web Sites or otherwise provide to HealthHelp or another User
(iv) any other act of commission and/or omission by you.
HealthHelp reserves the right, in its sole discretion, to terminate your access to the HealthHelp Web Site and the related services or any portion thereof at any time, without notice.
Use of the HealthHelp Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and HealthHelp as a result of this agreement or use of the HealthHelp Web Site. HealthHelp’ performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of HealthHelp’ right to comply with governmental, court and law enforcement requests or requirements relating to your use of the HealthHelp Web Site or information provided to or gathered by HealthHelp with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and HealthHelp with respect to the HealthHelp Web Site and its upersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and HealthHelp with respect to the HealthHelp Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
You here to agree, that all disputes and differences arising between them in connection with regard to usage of this site, content and/or any matter relating thereto or arising there from or as to the interpretation thereof, shall be referred to the sole arbitration to be chosen by, HealthHelp whose decision shall be final and binding on You. You also agree that they You shall have no objection to HealthHelp choosing the sole arbitrator. The provisions of the AAA, shall govern the Arbitration proceedings. The Arbitration proceedings shall be in English and shall be conducted at New York. The place of arbitration will be New York.
COPYRIGHT AND TRADEMARK NOTICES:
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Notices: Any notice required or permitted to be given here under shall be in writing and sent by prepaid registered mail or by a courier service, in the manner as elected by the Party giving such notice to the designated address of the HealthHelp- kindly refer Contact Us as available on the website.