Terms and conditions for members of MediCounsel.com

(With effect from 23rd January 2013) 
1 Contract Formation and Terms and Conditions
1.1 MediCounsel.com is the website of MediCounsel Solutions Private Limited, a company registered in India under Companies Act 1956 and having its registered office at Flat No 302, Kamadgiri Tower, Kaushambi, Ghaziabad 201010, Uttar Pradesh.
1.2 If you become a member of MediCounsel.com, a contract between you and MediCounsel.com, incorporating these Terms and Conditions, will come into force. MediCounsel.com may refuse to accept anyone as a member, without giving any reason.
1.3 MediCounsel.com reserves the right at any time to add to, change or delete from the services it provides and the facilities, available via this site (the MediCounsel.com).
1.4 In return for MediCounsel.com providing access to this site and its services, you agree to these Terms and Conditions.
1.5 MediCounsel.com may change these Terms and Conditions or its Privacy Policy (or both) at any time without notice, either by publishing the change or the amended version on this site or by sending it to you by e-mail. The change will be effective as from the date of the posting or e-mail.
2 Third Party Goods, Services and Links
2.1 If you purchase or acquire goods or services from any third party, even if you have been directed from this site or by any MediCounsel.com service to them, any contract entered into with that third party and any use made of its site is a matter between you and that third party. MediCounsel.com has no liability for the quality or type of services or goods provided by any third party it may mention on this site or to whom this site may be linked. It is for you to make your own judgment about them.
2.2 Any opinion, advice, statement, service, offer, or information or content provided or made by any third party on this site or via any MediCounsel.com service, or on any site to which this site is linked, is that of the author or provider, and not of MediCounsel.com . MediCounsel.com does not endorse, and is not responsible for the accuracy or reliability of any such opinion, advice, statement, service, offer, and information or content.
2.3 Where content or information on or services available via this site or any MediCounsel.com service has been supplied by a third party, MediCounsel.com does not control or endorse them in any way. All information, content and services supplied by third parties are made available in good faith but MediCounsel.com does not (to the extent allowed by the law) accept responsibility for their accuracy or use.
2.4 MediCounsel.com does not make any representation or give any warranty about any other site or any services or goods provided by any third party, or any opinion, advice, statement, offer, information or content on any such site or made by any such party. MediCounsel.com has no control over their quality, content or availability. MediCounsel.com will not be liable for any loss or damage caused by or in connection with use of, or reliance on, any content, goods or services available on or through any other site.
2.5 Any concern about any other website should be directed to that site's website administrator or webmaster.
3 Limitations and Exclusions of Liability
3.1 MediCounsel.com tries to ensure that any information and content on this site or available through its services that has not been supplied by a third party is accurate, but it makes no representation and gives no warranty that any information or content is accurate, up to date or complete. It accepts no liability for any loss or damage caused by inaccurate information or content.
3.2 If you find any inaccurate, out of date or incomplete information or content on this site or in any MediCounsel.com service, or if you suspect that something is an infringement of any intellectual property right, you must let MediCounsel.com know immediately by contacting info@medicounsel.com.
3.3 You should independently verify any information and content on this site that is made available to you through any MediCounsel.com service before relying on it. That information and content are not intended to address any particular requirements; they do not constitute any form of advice or recommendation by MediCounsel.com and are not intended to be relied upon in making (or refraining from making) any decision. The information and content on and through this site is not, and the MediCounsel.com services are not, substitutes for the exercise of professional judgement. If you are not qualified nor experienced enough to make that judgement, you should take professional advice.
3.4 This site, its content and all MediCounsel.com services are provided "as is". MediCounsel.com gives no warranty that this site, its content or any service is error-free or will be available without interruption, or at all.
3.5 No warranty, representation, or undertaking in respect of the quality, or fitness for purpose of any content or any service is given, and all implied terms conditions and warranties relating to the same, whether implied by statute, common law, custom, trade usage, course of dealing or otherwise, are excluded to the extent allowed by the law.
3.6 You assume all risk for using, and for any results obtained, or liability incurred, by or as a result of accessing this site or any MediCounsel.com service.
3.7 MediCounsel.com is not liable for any third party's information, programs, products or services, whether or not MediCounsel.com has negotiated special terms for the provision of the same to its members. If you access or use any information on this site that has been supplied by a third party, you will be bound by any additional terms and conditions specified by that third party. You agree to read those additional terms and conditions before accessing or using such third party information and not to access or use that information you do not accept those additional terms and conditions. You should always read the relevant terms and conditions before accessing any information.
3.8 MediCounsel.com does not guarantee the prevention of the loss of, alteration of, or improper access to, any information or computer systems. MediCounsel.com is not responsible for invalid destinations or transmission errors in, the corruption of, or the security of information or messages on this site or transmitted using any MediCounsel.com service or carried over any telecommunications or data communications facilities. Passwords and user IDs are personal to individual members. It is your responsibility to keep your password and ID secret and secure, and not to allow anyone else to use them. You are responsible for the use or misuse of this site and any MediCounsel.com service by any person accessing them through your password or ID (whether that use is authorised or unauthorised) and you agree to bear all losses, expenses, inconvenience and site charges arising as a result of that use. You must not use or attempt to use anyone else's password or ID; to do so may be an offence under the cyber laws of India.
3.9 MediCounsel.com is not liable for any claim that your access to or use of this site, any content or any MediCounsel.com services infringes any third party's intellectual property or other rights.
3.10 In no event is MediCounsel.com liable for any loss or damage arising from your failure to perform your obligations.
3.11 Despite any other provision in these Terms and Conditions, MediCounsel.com does not exclude or limit its liability for death or personal injury caused by its negligence, or for any fraudulent act. Subject to this, MediCounsel.com is not liable for any of the following, whether arising because of its negligence, or in any other way:
3.11.1 Loss of profits, loss of business, loss of anticipated savings, loss of goodwill or reputation, lost or wasted management time or the lost time of other employees;
3.11.2 Loss, destruction or corruption of data;
3.11.3 Any indirect, or consequential loss or damage; or
3.11.4 Any loss or damage arising as a result of any claim against you by any other party; even if MediCounsel.com has been advised of the possibility of that loss or damage arising.
3.12 You will indemnify MediCounsel.com and keep it indemnified against all and any losses, damages, liabilities, costs and expenses arising in connection with your breach of any of these Terms and Conditions or arising as a result of a third party accessing or using this site, any content or any MediCounsel.com service by means of your password or user ID.
3.13 The maximum liability of MediCounsel.com to you in connection with this site, any content and any services, or the failure to provide any of the same, is (amount) or the aggregate of sums you have paid to MediCounsel.com in the 12 months immediately before the cause of action to which your claim relates, arose (whichever is the greater).
4 Termination
4.1 If you are dissatisfied with the services provided by MediCounsel.com or any feature provided in or through this site, you may terminate your membership by giving not less than 7 days' notice to info@medicounsel.com. This is your sole remedy if you are dissatisfied with this site or any such service.
4.2 Your membership may be terminated by you or by MediCounsel.com at any time by giving the other seven days' notice. In addition, MediCounsel.com may terminate or suspend your membership and access to this site and any service at any time without notice if you breach or are suspected of having breached these Terms and Conditions, if you cease to meet the criteria from time to time for access to or use of this site or any service, or if your agreement with any internet service provider for access or connection to the internet is terminated for any reason.
5 General:
5.1 Any terms purporting to vary these Terms and Conditions in any order, or other written or electronic communication from you, are ineffective unless specifically accepted by MediCounsel.com in writing.
5.2 You may not assign or transfer your membership to, or share or sublicense the advantages of membership of MediCounsel.com with, any other person.
5.3 MediCounsel.com may assign or sub-contract its rights or obligations (or both) to any third party.
5.4 If any part of any of these Terms and Conditions is invalid or unenforceable, it will not affect any other provision and all other provisions will remain in full force and effect.
5.5 These Terms and Conditions, and the contract between you and MediCounsel.com , are governed by the laws of India and you agree to submit to the jurisdiction of the courts of India.
5.6 These terms and conditions, together with the Privacy Policy, any conditions specific to any MediCounsel.com service and any rules that MediCounsel.com publishes from time to time governing the criteria for access to this site or any service, are the complete and exclusive statement of the agreement between MediCounsel.com and you in relation to the use of this site, its contents and any MediCounsel.com service. They supersede any proposal or prior agreement, oral or written, and any other communications between MediCounsel.com and you relating to their subject matter.
5.7 Nothing in these Terms and Conditions confers or purports to confer on anyone except you any right under the Indian Contract Act, 1872 or in any other way to enforce any of these Terms and Conditions.