Terms Of Use

Terms Of Use

1.0 GENERAL

Please read these Terms of Use carefully. By accessing or using this Platform, you agree to be bound by the terms described herein and all terms incorporated by reference. The term “Platform” means and includes “HappiestHealth.com”, all micro sites, print media and any other that is currently hosted (or to be hosted) on social media services such as Facebook, YouTube, WhatsApp etc.by Happiest Health Systems Private Limited (hereinafter ‘Happiest Health’).

For the purpose of this Terms of Use, wherever the context so requires, “you” or “User” shall mean any natural or legal person or any person holding parental responsibility over a minor, whether registered or not, including Users whose accounts will expire and / or stand expired, who is above the age of 18 (eighteen) years, and is otherwise legally empowered to agree to use the Platform in accordance with this Terms of Use. The terms “we”, “us”, “our” shall mean the Platform and / or Happiest Health as the context may so require.

Our Privacy Policy and Cookie Policy are to be read as a part of the Terms of Use and the provisions of the same are herein incorporated by specific reference. Please read all these policies in their entirety and write to us in case you need any clarifications. Please do not use the Platform if you do not agree to these policies.

These Terms of Use, our  Privacy Policy, Cookie Policy and General Disclaimers constitute the entire agreement between you and  Happiest Health with respect to the use and contents of the Platform.

Happiest Health reserves the right to revise, modify and update all or any of these Terms of Use at any time. Content and other features of the Platform are subject to change or termination without notice at our editorial discretion. All rights not expressly granted herein are reserved to Happiest Health and its licensors. We shall endeavour to bring to your attention any modification of these Terms of Use. Your continued usage of the Platform will mean you accept those changes.

2.0 ELIGIBILITY

We at Happiest Health strive to provide content that is appropriate and relevant for persons of all age groups. However, Happiest Health cautions adult supervision when the person accessing the Platform is a minor. Guardians/parents may please note that allowing children unsupervised access to the Platform is at their own risk and the Platform will not be liable for any consequences that may ensue.

Happiest Health, independently, reserves the right to restrict access to content that it deems inappropriate for minors or where the visual images and/ or the content itself may be disturbing.

We shall take at face value any claims/warranties regarding the age of the person accessing the Platform. The Platform does not solicit any information from minors. However, if the Platform is made aware of such information being provided, the said user shall be un-subscribed, and all information supplied shall be deleted.

3.0 GENERAL DISCLAIMERS

Your use of the Platform and any acts basis the same is at your own risk.

The Platform does not offer medical advice and the content herein is not a substitute for medical advice. Please consult a qualified medical practitioner before acting on any information accessible on the Platform. The contents of the Platform are for information and knowledge purposes only. Regardless of the date of publication, the contents are not intended to be a diagnosis, or a recommendation for any line of treatment. Do not disregard, refrain or delay seeking professional medical advice because of the contents accessed on or through the Platform.

The Platform does not endorse any products, procedures, opinions, or other information including User comments that may be shared on it. Advertisements appearing on the Platform are not part of content. The Platform does not endorse any product or services or any claims of any advertiser. For more information, please read our Advertising Policy.

We do not recommend or endorse the accuracy, validity, or quality of the content of any third-party web sites or third-party links or links of business affiliates that may be accessible from the Platform. Any use of or reliance upon third-party web Platforms is at User’s own risk and subject to the Terms of Use for such Platforms.

4.0 DISCLAIMER OF WARRANTIES

The Platform and the content are provided on an “as is” basis. The Platform contents are transmitted over medium that is beyond the control of Happiest Health. Happiest Health assumes no liability for the delay, failure, interruption, or corruption of any data or other errors in any functions of the Platform during such transmission.

Happiest Health, its licensors, and its suppliers, to the fullest extent permitted by law, disclaim all warranties, either express or implied, including but not limited to the implied warranties regarding the accuracy, completeness, efficacy, merchantability, and fitness for particular purpose of the contents of the Platform and/or non-infringement of third parties’ rights.

Happiest Health disclaims all liability, responsibility whatsoever, in respect of any loss, whether direct or indirect, to any User or any other person, arising out their use/inability to use the Platform. Without limiting the generality of the above, Happiest Health, its licensors, or its suppliers, shall not be liable for any damages including, without limitation, incidental, consequential, direct, indirect, punitive, or special damages, whether based on warranty, contract, tort, or any other legal theory, and whether the Platform advise of the possibility of such damages, caused by the use/inability to use the Platform including but not limited to such use/inability to use resulting in personal injury, wrongful death, lost profits, or damages due to lost data or business interruption.

Any claims arising in connection with the use of the Platform, any content therein, or use of the public areas of the Platform such as chat, social media etc., must be brought within one (1) year of the date of the incident giving rise to such action. Under no circumstances shall the liability of Happiest Health, its licensors, its suppliers, or any third parties mentioned on the Platform exceed INR 1000/- (~USD 13) or the actual damages incurred, whichever is lower.

5.0 INDEMNIFICATION

You agree to defend, indemnify and hold Happiest Health harmless from and against any loss, damage, liability, claim, demand, action, cost and expense (including reasonable solicitors’ fees and costs) (collectively “Loss”) resulting from claims made against Happiest Health by any third party, including any governmental entity, which arise out of or in connection with your use of the Platform or any user content you post on the public area of the Platform or your acts basis any user content posted or breach of these Terms of Use.

6.0 COPYRIGHT AND TAKE DOWN NOTICE

The content on this Platform is protected by the copyright laws in India and all intellectual property rights in respect of the Platform vests with Happiest Health Systems Pvt. Ltd or its licensors, unless indicated otherwise.

Notwithstanding any other legal remedy that may be available to or may be invoked by Happiest Health, we reserve the right to terminate your registration and deny you access to the Platform where in our sole discretion we determine that you have infringed any intellectual property right that vests in us.

If you believe any materials accessible on or from the Platform infringe your copyright, you may request removal of those materials (or access thereto) from this Platform by contacting us here. Please identify the copyrighted work that you believe to be infringed as also the content that you believe to be infringing and its location on the Platform

7.0 USAGE POLICY RELATING TO PUBLIC FORUMS

Users may upload or post content on public areas of the Platform such as the chatrooms, message boards or upload the same through our official social media handles.

Users are solely responsible for the content they post and any consequences ensuing from the same and for any acts carried out by them basis any communications uploaded on the public areas of the Platform.

Users shall not post or upload content including photos, videos etc. on the Platform that violate any third-party rights including but not limited to the intellectual property rights and/or the right to privacy of such third parties. The User warrants that they have permission from all persons appearing in or related to any such media to make this contribution. Where any such User through their posts is found to infringe third party rights, Happiest Health may in appropriate cases terminate the subscription of such User, besides taking down such uploaded content.

You further grant and warrant that you or the owner of the content and/or of the intellectual property has expressly granted Happiest Health a license to use, reproduce, distribute, modify, and publicly display such submission or User content in any form, format, or forum known or hereafter developed.

You automatically grant and warrant that any user content you post on the public areas of the Platform is non-confidential. To protect your privacy, please do not upload content that contains Personally Identifiable Information (like phone number, email address) of yourself or of anyone else.

Users agree that they will not upload any material that contains viruses, malware, or any other computer code designed to interfere with the functionality of the Platform or modify its contents.

You agree that the following actions shall constitute a material breach of the Terms of Use and allow Happiest Health to forthwith terminate your User account on the Platform besides initiating other appropriate legal action:

  • Posting material that is unlawful, obscene, defamatory, pornographic insulting or harassing based on gender, libellous, racially, or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force
  • Posting advertisements or solicitations of business or comments that are not related to the topic being discussed despite receiving warnings to desist from such acts
  • Impersonating another person or allowing another person to use your identification for posting or viewing comments
  • Using software, engines, or other mechanical means to harvest, scrape or otherwise collect information about others, including email addresses from the Platform
  • Posting ‘chain letters’ or spamming
  • Engaging in any other conduct that in the sole discretion of Happiest Health could be prejudicial to other Users or exposes us and all our licensors/suppliers to any risk of liability or damage.

Happiest Health reserves the right, but is not obligated, to do any or all the following:

  • Record the dialogue in public chat rooms.
  • Investigate complaints regarding User content and where appropriate take remedial action
  • Terminate a user’s access to any or all public areas of the Platform upon any breach of these Terms of Use.
  • Delete any communication(s) posted on the Platform, regardless of whether such communication(s) violate these standards or not.

Failure of Happiest Health to exercise any of the above enumerated rights will not create a legally enforceable right or a liability in favour of other Users of the Platform or any other persons.

8.0 USER CREDENTIALS & PASSWORDS

Users shall exercise due caution and responsibility in protecting their Platform passwords and accounts. Users shall monitor and immediately report any unauthorized access to their Platform account, and where necessary request deactivation of their accounts or passwords by contacting us here. The user grants Happiest Health and all other persons or entities involved in the operation of the Platform, the right to transmit, monitor, retrieve, store, and use information in connection with the operation of the Platform in accordance with the Privacy Policy.

9.0 DISPUTE RESOLUTION AND JURISDICTION

Happiest Health is based in Bangalore, India and Users expressly agree that exclusive jurisdiction for any dispute relating to the Platform or its use, lies in Bangalore, India and will be governed by Indian law.

Any dispute arising out of or in connection with this Terms of Use may be settled by a binding arbitration held in accordance with the provisions of Indian law, specifically the Arbitration and Conciliation Act, 1996 and the rules made   thereunder. The seat of the arbitration shall be in Bangalore and the language of the arbitration shall be English.

If any provision of this Terms of Use shall be adjudged illegal or otherwise unenforceable, such provision shall be severed, and the balance of the Agreement shall continue in full force and effect.

No waiver of any provision or of any breach of this Agreement shall constitute a waiver of any other provisions or any other or further breach.

All clauses regarding liability, user submissions, indemnity and warranty, jurisdiction, and disclaimers will survive the expiration or termination of this agreement for any reason whatsoever.

10.0 CONTACT US

Please share your comments or any communication regarding this Platform, including any reports of non-functioning links, here.

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