User Agreement

1. ACCEPTANCE OF TERMS

   1. Medknow.com ("Website") is an internet based information portal owned and operated by Wolters Kluwer India Pvt Ltd ("WKIPL"), a company incorporated under the laws of India, with its registered office at A-202, 2nd Floor, The Qube, C.T.S. No. 1498A/2, Village Marol, Andheri (East), Mumbai 400059, India.
   2. Though the Website, WKIPL shall provide you ("User") access to science, technology and medicine journals throughout the world ("Service"). [This Service may be availed by the User, his family member and friends at any time during the year through vendors ("Service Providers").]
   3. This User Agreement ("Agreement") sets out the terms and conditions on which WKIPL shall provide the Services to the User through the Website.
   4. By accessing, browsing and/or otherwise using this Service the User acknowledges that the Used has read, understood and agreed to be bound by this Agreement, and the User agree to comply with all applicable laws and regulations. For the removal of doubt it is clarified that use of the Website by the User constitutes an acknowledgement and acceptance by the User of this Agreement. If the User does not agree with any part of such terms, conditions and notices, the User must not use the Website.
   5. Additionally, the Service Provider may provide terms and guidelines that govern particular features, offers or the operating rules and policies applicable to each Service. In the event that any of the terms, conditions and notices contained in this Agreement conflict with the additional/other terms and guidelines specified by the Service Provider, then the latter terms/guidelines shall prevail.
   6. WKIPL at its sole discretion reserves the right not to accept any order placed by the user through the website without assigning any reason thereof. Any contract to provide any service by WKIPL is not complete until full money towards the service is received from the user and accepted by WKIPL.

2. MODIFICATION OF TERMS

   WKIPL reserves the right to change the terms, conditions and notices under which the Services are offered through the Website, including but not limited to the charges for the Services provided through the Website. The User shall be responsible for regularly reviewing these terms and conditions.

3. PRIVACY NOTICE

   The User hereby consents, expresses and agrees that the User has read and fully understands the Privacy Notice. The User further consents to the data collection and use practices described in the Privacy Notice.

4. LIMITED USER

   1. The User agrees and undertakes not to sell, trade or resell or exploit for any commercial purposes, any portion of the Service. For the removal of doubt, it is clarified that the Website is not for commercial use but is specifically meant for personal use only.
   2. The User further agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Website. Limited reproduction and copying of the content of the Website is permitted provided that the WKIPL's name is stated as the source. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.

5. DICLAIMER OF WARRANTIES/LIMITATION OF LIABILITY

   1. WKIPL HAS ENDEAVORED TO ENSURE THAT ALL THE INFORMATION ON THE WEBSITE IS CORRECT, BUT WKIPL NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE QUALITY, ACCURACY OR COMPLETENESS OF ANY DATA OR INFORMATION CONTAINED. WKIPL MAKES NO WARRANTY, EXPRESS OR IMPLIED, CONCERNING THE WEBSITE AND/OR ITS CONTENTS AND DISCLAIMS ALL WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES OF MERCHANTABILITY IN RESPECT OF SERVICES, INCLUDING ANY LIABILITY, RESPONSIBILITY OR ANY OTHER CLAIM, WHATSOEVER, IN RESPECT OF ANY LOSS, WHETHER DIRECT OR CONSEQUENTIAL, TO ANY USER OR ANY OTHER PERSON, ARISING OUT OF OR FROM THE USE OF THE INFORMATION CONTAINED IN THE WEBSITE.
   2. WKIPL SHALL NOT HAVE ANY LIABILITY WHATSOEVER FOR ANY ASPECT OF THE ARRANGEMENTS BETWEEN THE SERVICE PROVIDER AND THE USER AS REGARDS THE STANDARDS OF SERVICES PROVIDED BY THE SERVICE PROVIDERS. IN NO CIRCUMSTANCES SHALL WKIPL BE LIABLE FOR THE SERVICES PROVIDED BY THE SERVICE PROVIDER.
   3. ALTHOUGH WKIPL MAKES REASONABLE COMMERCIAL EFFORTS TO ENSURE THAT THE DESCRIPTION AND CONTENT ON EACH PAGE OF THE WEBSITE IS CORRECT, IT DOES NOT, HOWEVER, TAKE RESPONSIBILITY FOR CHANGES OCCURRED DUE TO HUMAN OR DATA ENTRY ERRORS OR FOR ANY LOSS OR DAMAGES SUFFERED BY ANY USER DUE TO ANY INFORMATION CONTAINED HEREIN. ALSO, WKIPL IS NOT THE SERVICE PROVIDER AND CANNOT THEREFORE CONTROL OR PREVENT CHANGES IN THE PUBLISHED DESCRIPTIONS WHICH ARE BASED UPON INFORMATION PROVIDED BY THE SERVICE PROVIDERS.
   4. WKIPL DOES NOT ENDORSE ANY ADVERTISER ON ITS WEBSITE IN ANY MANNER. THE USERS ARE REQUESTED TO VERIFY THE ACCURACY OF ALL INFORMATION ON THEIR OWN BEFORE UNDERTAKING ANY RELIANCE ON SUCH INFORMATION.

   5. IN NO EVENT SHALL WKIPL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF THE USER'S TRANSMISSIONS OR DATA; (D) ANY OTHER MATTER RELATING TO THE SERVICES; INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE.

      NEITHER SHALL WKIPL BE RESPONSIBLE FOR THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. FURTHER, WKIPL 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 WKIPL'S 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.

      THESE LIMITATIONS, DISCLAIMER OF WARRANTIES AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.

6. LINKS TO THIRD PARTY SITES

   1. The Website may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of WKIPL or the Website and WKIPL is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. WKIPL is not responsible for any form of transmission, whatsoever, received by the User from any Linked Site. WKIPL is providing these links to the User only as a convenience, and the inclusion of any link does not imply endorsement by WKIPL or the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof.
   2. WKIPL is not responsible for any errors, omissions or representations on any Linked Site. WKIPL does not endorse any advertiser on any Linked Site in any manner. The Users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.

7. PROHIBITION AGAINST UNLAWFUL USE

   As a condition of the use of the Website, the User warrants that they will not use the Website for any purpose that is unlawful or illegal under any law for the time being in force within or outside India or prohibited by this Agreement. In addition, the Website shall not be used in any manner, which could damage, disable, overburden or impair it or interfere with any other party's use and/or enjoyment of the Website. The User shall refrain from obtaining or attempting to obtain any materials or information through any means not intentionally made available or provided for or through the Website.

8. USE OF COMMUNICATION SERVICES

   1. The Website may contain services such as email, chat, bulletin board services, information related to various tourist spots, news groups, forums, communities, personal web pages, calendars, and/or other message (hereinafter collectively referred to as "Communication Services"). The User agrees and undertakes 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, the User agrees and undertakes that when using a Communication Service, the User will not:
      1. defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
      2. publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
      3. upload files that contain software or other material protected by intellectual property laws unless the User owns or controls the rights thereto or have received all necessary consents;
      4. upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer;
      5. advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages;
      6. conduct or forward surveys, contests, pyramid schemes or chain letters;
      7. download any file posted by another user of a Communication Service that the User know, or reasonably should know, cannot be legally distributed in such manner;
      8. 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;
      9. violate any code of conduct or other guidelines, which may be applicable for or to any particular Communication Service;
      10. violate any applicable laws or regulations for the time being in force in or outside India; and
      11. violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere herein.
   2. WKIPL has no obligation to monitor the Communication Services. However, WKIPL reserves the right to review materials posted through Communication Service and to remove any materials in its sole discretion. WKIPL reserves the right to terminate the User's access to any or all of the Communication Services at any time without notice for any reason whatsoever.
   3. WKIPL reserves the right at all times to disclose any information as is necessary to satisfy or comply with 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 WKIPL's sole discretion.
   4. WKIPL DOES NOT CONTROL OR ENDORSE THE CONTENT, MESSAGES OR INFORMATION FOUND IN ANY COMMUNICATION SERVICE AND, THEREFORE, WKIPL SPECIFICALLY DISCLAIMS ANY LIABILITY OR RESPONSIBILITY WHATSOEVER WITH REGARD TO THE COMMUNICATION SERVICES AND ANY ACTIONS RESULTING FROM THE USER'S PARTICIPATION IN ANY COMMUNICATION SERVICE.
   5. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. User is responsible for keeping himself updated of and adhering to such limitations if they download the materials.

9. TERMINATION/ACCESS RESTRICTION

   WKIPL reserves the right, in its sole discretion, to terminate the access to the website and the related services or any portion thereof at any time, without notice.

10. FEES PAYMENT

    1. WKIPL reserves the right to charge listing fees for certain listings, as well as transaction fees based on certain completed transactions using the Services through the Website. WKIPL further reserves the right to alter any and all fees from time to time, without notice.
    2. The User shall be liable to pay all applicable charges, fees, duties, taxes, levies and assessments for availing the Services through the Website.

11. USER'S OBLIGATIONS AND USER ACCOUNT

    1. In consideration of use of the Website, the User represent and confirm that the User is of legal age to enter into a binding contract and is not a person barred from using the Website and/or receiving the Services under the laws of India or other applicable law.
    2. To avail a Service the User has and must continue to maintain at his sole cost: (a) all the necessary equipments including a computer and modem etc. to access the Website/avail Services; (b) own access to the World Wide Web. The User shall be responsible for accessing the Services and that access may involve third party fees including, airtime charges or internet service provider’s charges which are to be exclusively borne by the User.
    3. THE USER ALSO UNDERSTANDS THAT THE SERVICES MAY INCLUDE CERTAIN COMMUNICATIONS FROM WKIPL AS SERVICE ANNOUNCEMENTS AND ADMINISTRATIVE MESSAGES. THE USER UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS AND THAT NEITHER WKIPL NOR ANY OF ASSUME ANY RESPONSIBILITY FOR DELETIONS, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS.
    4. Registration of the User on the Website is optional. If the User opts to register himself on the Website, upon completion of the registration process, the User shall receive a user id and password. The User agrees and undertakes at all times to be responsible for maintaining the confidentiality of the password and user id, and shall be fully responsible for all activities that occur by use of such password or user id. Further, the User agrees not to use any other party's under id and password for any purpose whatsoever without proper authorization from such party.
    5. THE USER ALSO AGREES AND UNDERTAKES TO IMMEDIATELY NOTIFY WKIPL OF ANY UNAUTHORIZED USE OF THE USER'S PASSWORD OR USER ID AND TO ENSURE THAT THE USER LOG OFF AT THE END OF EACH SESSION AT THE WEBSITE. WKIPL SHALL NOT BE RESPONSIBLE FOR ANY, DIRECT OR INDIRECT, LOSS OR DAMAGE ARISING OUT OF THE USER'S FAILURE TO COMPLY WITH THIS REQUIREMENT.
    6. The User also agree to: (a) provide true, accurate and complete information about himself and his beneficiaries as prompted by the registration form ("Registration Data") on the Website; and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If the User provide any information that is untrue, inaccurate, not current or incomplete or WKIPL has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, WKIPL has the right to suspend or terminate the User's registration and refuse any and all current or future use of the Website and/or any Service.
    7. Furthermore, the User grants WKIPL the right to disclose to third parties Registration Data to the extent necessary for the purpose of carrying out the Services.

12. BREACH

    1. 12.1 WITHOUT PREJUDICE TO THE OTHER REMEDIES AVAILABLE TO WKIPL UNDER THIS AGREEMENT OR UNDER APPLICABLE LAW, WKIPL MAY LIMIT THE USER'S ACTIVITY, OR END THE USER'S LISTING, WARN OTHER USERS OF THE USER'S ACTIONS, IMMEDIATELY TEMPORARILY/INDEFINITELY SUSPEND OR TERMINATE THE USER'S REGISTRATION, AND/OR REFUSE TO PROVIDE THE USER WITH ACCESS TO THE WEBSITE IF:
       1. THE USER IS IN BREACH OF THIS AGREEMENT AND/OR THE DOCUMENTS IT INCORPORATES BY REFERENCE;
       2. WKIPL IS UNABLE TO VERIFY OR AUTHENTICATE ANY INFORMATION PROVIDED BY THE USER; OR
       3. WKIPL BELIEVES THAT THE USER'S ACTIONS MAY INFRINGE ON ANY THIRD PARTY RIGHTS OR BREACH ANY APPLICABLE LAW OR OTHERWISE RESULT IN ANY LIABILITY FOR THE USER, OTHER USERS OF THE WEBSITE AND/OR WKIPL.
    2. WKIPL MAY AT ANY TIME IN ITS SOLE DISCRETION REINSTATE SUSPENDED USERS. ONCE THE USER HAVE BEEN INDEFINITELY SUSPENDED THE USER MAY NOT REGISTER OR ATTEMPT TO REGISTER WITH WKIPL OR USE THE WEBSITE IN ANY MANNER WHATSOEVER UNTIL SUCH TIME THAT THE USER IS REINSTATED BY WKIPL. NOTWITHSTANDING THE FOREGOING, IF THE USER BREACH THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, WKIPL RESERVES THE RIGHT TO RECOVER ANY AMOUNTS DUE AND OWING BY THE USER TO WKIPL AND/OR THE SERVICE PROVIDER AND TO TAKE STRICT LEGAL ACTION AS WKIPL DEEMS NECESSARY.

13. PROPRIETARY RIGHTS

    1. WKIPL may provide the User with content such as sound, photographs, graphics, video or other material contained in sponsor advertisements or information. This material may be protected by copyrights, trademarks or other intellectual property rights and laws. The User may use this material only as expressly authorized by WKIPL and shall not copy, transmit or create derivative works of such material without express authorization from WKIPL.
    2. The User acknowledges and agrees that they shall not upload, post, reproduce or distribute any content on or through the Website that is protected by copyright or other proprietary right of a third party, without obtaining the permission of the owner of such right. Any copyrighted or other proprietary content distributed on or through the Website with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the User to personal liability or criminal prosecution.

14. RELATIONSHIP

    None of the provisions of this Agreement, terms and conditions, notices or the right to use the Website by the User contained herein or any other section or pages of the Website and/or the Linked Sites, shall be deemed to constitute a partnership between the User and WKIPL and no party shall have any authority to bind or shall be deemed to be the agent of the other in any way. It may be noted, however, that if by using the Website, the User authorizes WKIPL and its agents to access third party sites designated by them or on their behalf for retrieving requested information, the User shall be deemed to have appointed WKIPL and its agents as their agent for this purpose.

15. HEADINGS

    The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of this Agreement or the right to use the Website by the User contained herein or any other section or pages of the Website or any Linked Sites in any manner whatsoever.

16. INTERPRETATION OF NUMBER AND GENDERS

    The terms and conditions herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine and feminine. The words "include", "includes" and "including" shall be deemed to be followed by the phrase "without limitation". Unless the context otherwise requires, the terms "herein", "hereof", "hereto", "hereunder" and words of similar import refer to this Agreement as a whole.

17. INDEMNIFICATION

    The User agrees to indemnify, defend and hold harmless WKIPL from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by WKIPL that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by the User pursuant to this Agreement.

18. SEVERABILITY

    If any provision of this Agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of this Agreement shall continue to be in full force and effect.

19. TERMINATION OF AGREEMENT AND SERVICES

    1. Either the User or WKIPL may terminate this Agreement and a Service with or without cause at any time to be effective immediately.
    2. The User agrees that WKIPL may under certain circumstances and without prior notice, immediately terminate the User's user id and access to the Website/Services. Causes for termination may include, but shall not be limited to, breach by the User of this Agreement, requests by enforcement or government agencies, requests by the User, non-payment of fees owed by the User in connection with the Services as may be specified from time to time.
    3. This Agreement may be terminated by either the User or WKIPL through a written notice to the other. WKIPL shall not be liable to the User or any third party for termination of any Service. Should the User object to any terms and conditions of this Agreement or become dissatisfied with the Service in any way, the User's only recourse is to immediately: (a) discontinue use of the Website/Service; and (b) notify WKIPL of such discontinuance.
    4. Upon termination of the Service, User's right to use the Website/Services and software shall immediately cease. The User shall have no right and WKIPL shall have no obligation thereafter to execute any of the User's uncompleted tasks or forward any unread or unsent messages to the User or any third party. Once the User's registration or the Services are terminated, cancelled or suspended, any data that the User has stored on the Website may not be retrieved later.

20. NOTICES

    All notices and communications (including those related to changes in the Service, termination of Service etc.,) shall be in writing, in English and shall deemed given if delivered personally or by commercial messenger or courier service, or mailed by registered or certified mail (return receipt requested) or sent via email/facsimile (with acknowledgment of complete transmission) to the following address:
    1. If to WKIPL, at ‘publishing @ medknow dot com’ or at the address posted on the Website.
    2. If to a non registered User, at the communication and/or email address specified in the application form availing of a Service.
    3. If to a registered User, at the communication and/or email address specified in the registration form.
    Notice shall be deemed to have been served 48 hours after it has been sent, dispatched, displayed, as the case may be, unless, where notice has been sent by email, it comes to the knowledge of the sending party, that the email address is invalid.

21. GOVERNING LAW

    THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUCTED IN ACCORDANCE WITH THE LAWS OF INDIA WITHOUT REFERENCE TO CONFLICT OF LAWS PRINCIPLES AND DISPUTES ARISING IN RELATION HERETO SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE COURTS OF NEW DELHI.

22. REFUNDS and CANCELLATIONS

    REFUND and CANCELLATION policy is based on case to case and is governed by the management.