Terms and Conditions
This document/ Agreement is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000 or any further amendments thereto. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Terms and Conditions of Use
Please read the following terms and conditions of use ("Terms and Conditions of Use") for the Vardan [www.vardan.in] Web site ("Vardan Site" or the "Site") carefully. By using this Site, you are agreeing to accept these Terms and Conditions of Use. If you do not agree to all of these Terms and Conditions of Use, please do not use this Site. Vardan ("Vardan") may revise and update these Terms and Conditions with or without notice any time. Your continued use or use of the Vardan Site will mean you accept those changes.
Amendments BCCL may amend this Agreement and/or Website/ Relationship Rules and Policies at any time by posting a revised version on the Website. The revised version will be effective at the time BCCL posts it on the Website. You are advised to regularly check for any amendments or updates to the terms and conditions contained in this Agreement and in Website/Relationship Rules and Policies. By impliedly or expressly accepting this Agreement, You also accept and agree to be bound by Website Rules and Policies as provided from time to time
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Right to Use this Site
This is an Indian Web site. Its content is intended for Indian residents only. Provided that you comply with the Terms and Conditions of Use, you have the right to use this Site to view various materials, including all information, documents, and other content on the Site (collectively, the "Material"). If you violate any of the Terms and Conditions of Use, your permission to use the material automatically terminates and you must destroy any copies you have made of any portion of the material.
Ownership of Materials and Copyright
The Material on the Site is owned by Vardan [wwww.vardan.in] /Bennett Coleman & Company Limited/BCCL and is subject to copyright protection. Vardan [wwww.vardan.in] /Bennett Coleman & Company Limited authorizes you to view or download a single copy of the Material on the Vardan Site solely for your personal, noncommercial use if you include the following copyright notice: "Copyright © (Year) Bennett, Coleman & Company Limited. All rights reserved." Any other use of the Material is strictly prohibited without the prior written permission of BCCL and the permission of the applicable rights holder(s). The trademarks of BCCL and others used on the Site are the property of BCCL or their respective owners. You may not use any trademark displayed on the Site without the written permission of BCCL or the respective owner.
Refund and Cancellation policy
An appointment may be rescheduled or cancelled up to 48 working hours prior to scheduled date. If we do not receive your cancellation 48 hours prior, we will not be in a position to refund your donation.
Third-Party Web Sites Linked from Vardan's Site
Any Web sites linked from the Vardan Site are created by organizations outside Vardan/ BCCL. Those organizations are responsible for the information contained within their sites and any comments regarding these sites should be directed to that individual organization. BCCL does not approve or endorse the content on any third-party Web sites. These links are strictly provided as a convenience to you for additional information. Vardan/ BCCL is not responsible for the content of linked third-party sites or third-party advertisements and does not make any representations regarding their content or accuracy. Your use of third-party Web sites is at your own risk and subject to the terms and conditions of use for such sites.
BCCL /Vardan may collect certain personal information about you, including your name and e-mail address, in the course of your use of the Vardan Site and its relationship with you. This information will be processed for the purposes of providing information to you and otherwise as is appropriate in the context of your relationship with Vardan. You hereby expressly consent to the collection, use and disclosure of your personal information described in these Terms and Conditions of Use. You hereby expressly consent to Vardan's use of your personal information for the purpose of informing you of our services.
This Site has been developed by BCCL for purpose of information about Vardan and booking an appointment online. This Site does not provide medical advice and is not a substitute for professional medical advice, diagnosis or treatment. If you have or suspect you have a health problem, you should contact your family doctor for consultation, diagnosis and treatment. If you have or suspect you are experiencing a health emergency, please promptly visit a Hospital Emergency Department nearest to you.
Except as otherwise noted herein, the Material provided on this Site is provided "as is" without any warranties or representations of any kind, either express or implied, including, without limitation, warranties and conditions of merchantability, fitness for a particular purpose, title or non-infringement of intellectual property. Reliance on any information provided by Vardan appearing on or provided in relation to the Site is solely at your own risk. Vardan/ BCCL takes no responsibility for viruses that may damage your computer system or data resulting from your access to or use of the Site or the Material contained on the Site.
In no event will Vardan/ BCCL be liable for any damages whatsoever arising out of the use, inability to use, or the results of use of this site, any third-party sites, or the materials, services, or products contained or provided through any or all such sites.
This Site is operated and controlled by BCCL from its offices in Delhi, India, but can be accessed from jurisdictions whose laws may differ from those of India. By accessing the Site you agree that the laws of India shall govern your use of this Site, the Terms and Conditions of Use and any dispute or claim based on your use of the Site or the Material. You agree that any action or proceeding related to your use of the Site shall only be brought by you in the courts of the Delhi, India. You agree that if you choose to access this Site from other locations you do so at your own risk and are responsible for compliance with any and all local laws, if and to the extent local laws are applicable.
If any provision of the Terms and Conditions of Use is found to be unlawful, void or unenforceable, then such provision is deemed severable and will not affect the validity or enforceability of any of the remaining provisions. The failure of BCCL to act with respect to a breach by you or others of these Terms and Conditions of Use does not waive BCCL's right to act with respect to subsequent or similar breaches. These Terms and Conditions of Use set forth the entire understanding and agreement between Vardan/ BCCL and you with respect to the Site, its uses and services.
If you have any questions about these Terms and Conditions of Use or the Vardan Site in general, please contact us at firstname.lastname@example.org
Vardan Address: http://www.vardan.in
Copyright © 2012 Bennett, Coleman & Company Limited: All Rights Reserved.
Complete Terms and Conditions
By using this site, you ("the Client") have agreed to the Terms and Conditions ("Conditions") of use with Vardan /BCCL who provide their service ("the Service") on this website (http://www.vardan.in) please do not use this site if you do not agree to all of the Terms and Conditions of this agreement. We may revise the Terms and Conditions in the future.
Consent Cardiac Rehabilitation Program
In case you book online with Vardan for participation in a Cardiac Rehabilitation Program you are hereby providing your unqualified consent to participate in the said program (the "Cardiac Program")
You are hereby providing your consent voluntarily and you understand that you shall be free to withdraw your consent, if you so desire, both now and at any point in the Cardiac Program at your discretion subject to deduction of appropriate charges at the discretion of B CCL/Vardan.
You understand that there may be serious medical risks, foreseeable and unpredictable, associated with the Cardiac Program. You are aware of these risks and understand their magnitude, and the same shall be explained to you in detail by the Cardiac Program Physician and other experts when you reach the Cardiac Program venue. You agree that your participation in the Program is at your own risk and by your full consent.
You understand that in a few cases, the Cardiac Program may cause aggravation in your present condition and there may be related outcomes / complications. You hereby agree that neither Times Wellness / Vardan / Bennett, Coleman & Company Limited ("BCCL"), nor its/their employees, retainers, contractual staff, associates, affiliates or franchisees shall assume or have any responsibility or liability in any manner whatsoever for expenses or medical treatment or for compensation for any injury or condition You may suffer during or resulting from my participation in the Cardiac Program.
If You have any concerns relating to the Program, You shall communicate the same to the Cardiac Program Physician without any delay.
You hereby, voluntarily without any coercion for Yourself, your heirs, executors and administrators, waive, release, and forever discharge any and all rights and claims for damages that you may have or that may hereafter occur to you arising out of or in any way connected with your participation in the Cardiac Program chosen by you or any future Cardiac Program/ Program.
You acknowledge that you have read this consent terms in their entirety or and that you fully understand the Cardiac Program in which you will be engaged.
You accept the risks, rules and regulations set out herein. Knowing these, and having had an opportunity to ask questions and clarifications through the website email and contact numbers which have been answered to your satisfaction, you have consented to participate in the Cardiac Program on your own volition.
You accept that the information that is obtained during the Cardiac Program from me may be retained by Vardan /BCCL. You are hereby apprised that such information shall be treated as privileged and confidential, subject to confidentiality laws, and shall not be released or revealed to any person except your referring physician and person mentioned by you while actually filling the form at the time of physical participation without your consent. You agree that the said information may be used for statistical analysis or scientific purposes while upholding your right to privacy.
Consent Functional Manual Therapy
In case you book online with Vardan for participation in a Cardiac Rehabilitation Program you are hereby providing your unqualified consent to participate in the said program (the "Functional Manual Therapy Program") or ("FMT Program")
You are hereby providing your consent voluntarily and you understand that you shall be free to withdraw your consent, if you so desire, both now and at any point in the FMT Program at your discretion subject to deduction of appropriate charges at the discretion of BCCL/ Vardan.
You understand that there are risks, foreseeable and unpredictable, associated with the FMT Program. You are aware of these risks and understand their magnitude, and the same shall be explained to you in detail by the FMT Program Physiotherapist / Pilates instructor and other experts when you reach the FMT Program venue. You agree that your participation in the FMT Program is at your own risk and by your full consent.
You fully understand that in a few cases, the therapy may cause some discomfort / aggravation of the existing condition(s). You hereby agree that neither Times Wellness/ Vardan / Bennett, Coleman & Company Limited ("BCCL"), nor its employees, retainers, contractual staff, associates, affiliates or franchisees shall assume or have any responsibility or liability in any manner whatsoever for expenses or medical treatment or for compensation for any injury or condition You may suffer during or resulting from my participation in the FMT Program.
You understand that the FMT Program may involve physical contact / may cause some discomfort. If you have any concerns relating to the same, you shall communicate them to Times Wellness/ Vardan well in advance.
You hereby, voluntarily without any coercion for Yourself, your heirs, executors and administrators, waive, release, and forever discharge any and all rights and claims for damages that you may have or that may hereafter occur to you arising out of or in any way connected with your participation in the FMT Program chosen by you or any future FMT Program/ Program.
You acknowledge that you have read this consent terms in their entirety or and that you fully understand the FMT Program in which you will be engaged.
You accept the risks, rules and regulations set out herein. Knowing these, and having had an opportunity to ask questions and clarifications through the website email and contact numbers which have been answered to your satisfaction, you have consented to participate in the FMT Program on your own volition.
You accept that the information that is obtained during the FMT Program from you may be retained by Vardan /BCCL. You are hereby apprised that such information shall be treated as privileged and confidential, subject to confidentiality laws, and shall not be released or revealed to any person except your referring physician and person mentioned by you while actually filling the form at the time of physical participation without your consent. You agree that the said information may be used for statistical analysis or scientific purposes while upholding your right to privacy.
By using the Service you agree to indemnify and keep BCCL/ Vardan , its officers, partners, employees, agents, licensors and suppliers, indemnified and harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Website or the services or Content of the website in a manner that violates or is alleged to violate the Agreement or these Terms and Conditions.
BCCL provides the Website and services without any Warranty or condition, express, implied or statutory and specifically disclaim any implied Warranties of title, merchantability, fitness for a particular purpose and non-infringement. You expressly agree that your use of the Website or availing of services is at your risk.
Limitation of Liability
In no event shall BCCL / Vardan or its affiliates and service providers be liable for any direct, indirect, incidental, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Website and services or this Agreement (however arising, including negligence).
BCCL's/ Vardan's liability in any circumstance is limited to the amount payable for the participation in the respective Program or charged for services by BCCL / Vardan make it makes no representations or Warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that of the services provided under the respective program chosen by you or the operation of the Website or that the Website will be error free and/or uninterrupted. Consequently, BCCL assumes no liability whatsoever for any monetary or other damage suffered by you on account of:
- The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website;
- Any interruption or errors in the operation of the Website or services to be provided though it. You expressly understand and agree that shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if BCCL has been advised of the possibility of such damages).
- The services provided by BCCL/ Vardan under the respective program to you
The foregoing will apply whether such claims, loss or damages arise in tort, contract, negligence, under statute or otherwise.
BCCL/ Vardan shall not be held responsible for non-availability of the website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond BCCL/ Vardan control. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.
None of the provisions of the Agreement shall be deemed to constitute a partnership or agency between you and BCCL and you shall have no authority to bind BCCL in any manner whatsoever.
Except as explicitly stated otherwise, any notices shall be given by postal to Attn: Legal Department, at registered office at Times House, 7 Bahadur Shah Zafar Marg, Delhi (India) 110002. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 7 days after the date of mailing.
If any clause of the User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of this Agreement.
This Agreement sets forth the entire understanding and agreement between You and BCCL with respect to the subject matter hereof.
In BCCL's sole discretion, BCCL may transfer its rights and obligations (also known as "assign") under this Agreement without your prior express consent.
These Terms & Conditions shall be governed by and construed in accordance with Indian Laws. Further, it is irrevocably and unconditionally agreed that the Courts of Delhi shall have exclusive jurisdiction to entertain any proceedings in relation to any disputes in any way relating to or concerning the use of this website.
You shall not host, display, upload, modify, publish, transmit, update or share any information on the Site, that -
- belongs to another person and to which you do not have any right to;
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
- harm minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonate another person;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
Notice of Copyright Infringement
BCCL is not liable for any infringement of copyright arising out of materials posted on or transmitted through the site, or items advertised on the site, by end users or any other third parties. In the event you have any grievance in relation to any Content uploaded on the Site, you may contact our Grievance Officer, at email@example.com; or write at the following address:Mr. Gaurav Anand
16A, Lajpat Nagar IV,
New Delhi 110 024,
Landline : 011 43580720-22
We request you to please provide the following information in your complaint:-
- A physical or electronic signature of a person authorized to act on behalf of the copyright owner for the purposes of the complaint.
- Identification of the copyrighted work claimed to have been infringed.
- Identification of the material on our website that is claimed to be infringing or to be the subject of infringing activity.
- The address, telephone number or e-mail address of the complaining party.
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
- A statement, under penalty of perjury, that the information in the notice of copyright infringement is accurate, and that the complaining party is authorized to act on behalf of the owner of the right that is allegedly infringed.
Bennett Coleman & Co Ltd ("BCCL") is the owner of this Site and it respects the privacy of it's users and is committed to protect it in all respects. The information about the user as collected by BCCL is: (a) information supplied by users and (b) information automatically tracked while navigation (Information).
By using BCCL's website or its services, you consent to collection, storage, and use of the personal information you provide (including any changes thereto as provided by you) for any of the services that we may offer.
To avail certain sites / services on our websites, users are required to provide certain information for the registration process namely:- a) your name, b) email address, c) sex, d) age, e) PIN code , f) credit card or debit card details g) medical records and history h) sexual orientation, i) biometric information, j) password etc., and / or your occupation, interests, and the like.. The Information as supplied by the users enables us to improve our sites and provide you the most user-friendly experience.
All required information is service dependent and BCCL may use the above said User information to, maintain, protect, and improve its services (including advertising services) and for developing new services
Such information will not be considered as sensitive if it is freely available and accessible in the public domain or is furnished under the Right to Information Act, 2005 or any other law for the time being in force.
To improve the responsiveness of the sites for our users, we may use "cookies", or similar electronic tools to collect information to assign each visitor a unique, random number as a User Identification (User ID) to understand the user's individual interests using the Identified Computer. Unless you voluntarily identify yourself (through registration, for example), we will have no way of knowing who you are, even if we assign a cookie to your computer. The only personal information a cookie can contain is information you supply (an example of this is when you ask for our Personalised Horoscope). A cookie cannot read data off your hard drive. Our advertisers may also assign their own cookies to your browser (if you click on their ads), a process that we do not control.
Our web servers automatically collect limited information about your computer's connection to the Internet, including your IP address, when you visit our site. (Your IP address is a number that lets computers attached to the Internet know where to send you data -- such as the web pages you view.) Your IP address does not identify you personally. We use this information to deliver our web pages to you upon request, to tailor our site to the interests of our users, to measure traffic within our site and let advertisers know the geographic locations from where our visitors come.
LINK TO THIRD PARTY SITES
When we present information to our advertisers -- to help them understand our audience and confirm the value of advertising on our website -- it is usually in the form of aggregated statistics on traffic to various pages within our site. When you register with BCCL, we contact you from time to time about updating of your content to provide the users such features that we believe may benefit you.
BCCL shares the sensitive personal information to any third party without obtaining the prior consent of the User in the following limited circumstances:
- When it is requested or required by law or by any court or governmental agency or authority to disclose, for the purpose of verification of identity, or for the prevention, detection, investigation including cyber incidents, or for prosecution and punishment of offences. These disclosures are made in good faith and belief that such disclosure is reasonably necessary for enforcing these Terms; for complying with the applicable laws and regulations.
ACCESSING AND UPDATING PERSONAL INFORMATION
When you use BCCL's websites, we make good faith efforts to provide you, as and when requested by you, with access to your personal information and shall further ensure that any personal information or sensitive personal data or information found to be inaccurate or deficient shall be corrected or amended as feasible, subject to any requirement for such personal information or sensitive personal data or information to be retained by law or for legitimate business purposes. We ask individual users to identify themselves and the information requested to be accessed, corrected or removed before processing such requests, and we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, or would be extremely impractical (for instance, requests concerning information residing on backup tapes), or for which access is not otherwise required. In any case where we provide information access and correction, we perform this service free of charge, except if doing so would require a disproportionate effort. Because of the way we maintain certain services, after you delete your information, residual copies may take a period of time before they are deleted from our active servers and may remain in our backup systems.
We take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. These include internal reviews of our data collection, storage and processing practices and security measures, including appropriate encryption and physical security measures to guard against unauthorized access to systems where we store personal data.
All information gathered on BCCL is securely stored within the BCCL controlled database. The database is stored on servers secured behind a firewall; access to the servers is password-protected and is strictly limited. However, as effective as our security measures are, no security system is impenetrable. We cannot guarantee the security of our database, nor can we guarantee that information you supply will not be intercepted while being transmitted to us over the Internet. And, of course, any information you include in a posting to the discussion areas is available to anyone with Internet access.
We use third-party advertising companies to serve ads when you visit our Web site. These companies may use information (not including your name, address, email address or telephone number) about your visits to this and other Web sites in order to provide advertisements about goods and services of interest to you. In the event you have any grievance relating to the processing of information provided by you, you may contact our Grievance Officer, at firstname.lastname@example.org or write at the following address:Mr. Gaurav Anand
16A, Lajpat Nagar IV,
New Delhi 110 024,
Landline : 011 43580720-22
We request you to please provide the following information in your complaint:-
- Identification of the information provided by you
- Clear statement as to whether the information is personal information or sensitive personal information
- Your address, telephone number or e-mail address.
- A statement that you have a good-faith belief that the information has been processed incorrectly or disclosed without authorization, as the case may be.
- A statement, under penalty of perjury, that the information in the notice is accurate, and that the information being complained about belongs to you.