• "content" - Including but not limited to software and material;
• "forums" - Including but not limited to bulletin boards, chat rooms and other public areas found on the website; In this agreement unless it appears to the contrary, the singular shall include the plural and vice versa, any reference to any gender shall also include the opposite gender, and any reference to a natural person shall include a legal person and vice versa.
• "material" - Including but not limited to text, submissions, images, audio and/or video in whole or in part;
• "software" - Including but not limited to any images or files incorporated in or generated by the software or data accompanying such software;
• "submissions" - Including but not limited to notes, images, creative materials, ideas, suggestions, concepts and communication, including any data, questions, comments and other information submitted to the ERC (Emergency Response Card) mobile application or website via transmission by electronic mail or otherwise;
• "user" - A person who uses and/or accesses computer software and/or material via this ERC mobile application or website.
1. Trade mark / copyrights and restrictions on use
• The ERC mobile application or website consists of content which is derived entirely or in part from content supplied by the ERC mobile application or website and other sources. The said contents are protected under various applicable Indian and international laws and conventions.
• The user may not reproduce, duplicate, publish, modify, copy, download, upload in any manner, post, broadcast or transmit, reverse engineer or disable, display, or distribute or in any way exploit any of the contents, except in so far that the user may download one copy of the content on any single computer for the user's personal, non-commercial home use only: provided that all propriety notices and restrictions attached onto the content are kept intact, unless expressly permitted by the site, or unless prior written consent from the ERC mobile application or website has been obtained. Requests for permission regarding any issue relating to the contents which fall within the ambit of the limitations stated above, can be made by contacting the ERC mobile application or website contact person listed.
• The user is also strictly prohibited from creating works and/or software and materials derived from or which are based on the contents found on this site. The prohibition applies regardless of whether the content is sold, negotiated or given away and/or further alienated in any manner whatsoever.
2. Access and availability of service and links
• The ERC mobile application or website contains links to other related World Wide Web internet sites. No inference can be made or representation implied that the ERC mobile application or website is connected with, operates or controls these linked websites. Whether or not these linked sites are in fact affiliated with the ERC mobile application or website, the ERC mobile application or website is not responsible for the content on the aforesaid sites. The linked sites are for the user's convenience only and the user's access thereto is at the user's own risk.
3. Submissions / bulletin boards
• Any submissions shall be deemed to be and remain the exclusive property of this ERC mobile application or website. The various forums’ content, which is found on the ERC mobile application or website, shall be deemed to remain the exclusive property of this ERC mobile application or website.
• The ERC mobile application or website has the right, but not the obligation, to monitor and review submissions submitted by users to the forums. The ERC mobile application or website shall not be responsible for any of the content of these messages. The ERC mobile application or website further reserves the right to delete, move or edit submissions that the ERC mobile application or website, in its exclusive discretion, deems abusive, defamatory, obscene or in violation of any copyright or trademark laws or otherwise objectionable.
4. Rules of conduct for the user
The user agrees that he will not transmit submissions to this ERC mobile application or website that:
• Use any of the forums for illegal purposes;
• Are for purpose of spamming;
• Restrict or inhibit any other user from using and enjoying the forums;
• Are unlawful, threatening, abusive, defamatory, obscene, vulgar, profane, pornographic and/or allow for indecent information that constitute a criminal offence and/or give rise to a civil liability claim or otherwise violate any local, national or international law;
• Violate the copyright, trademark or other intellectual property rights of any other person by the submission of the content to the ERC mobile application or website through the forums or other avenues which allow for such submissions. The users, by the transmission of content in any manner whatsoever, represent to the ERC mobile application or website that they are the rightful owners of such content transmitted or that they have obtained permission from the rightful owners to submit such content transmitted.
• Contain viruses or other harmful contents;
• Are intended for commercial purposes, contain marketing or promotional materials or are intended to solicit donations. The user agrees that all submissions become the exclusive property of this ERC mobile application or website. The user agrees that he shall be solely liable for any damage resulting from any infringement of copyrights, trademarks and other proprietary rights or any other damages resulting from such a submission. The user further indemnifies and holds the ERC mobile application or website harmless against all claims for any damages whatsoever arising from the use of this ERC mobile application or website.
5. Damages, warranty and indemnity
• The user expressly agrees that the use of this ERC mobile application or website is at the user’s sole risk. The ERC mobile application or website does not guarantee or warrant:
- that the ERC mobile application or website sites will be uninterrupted;
- that the ERC mobile application or website will be default free and that the defects will be corrected. The ERC mobile application or website reserves the right in its sole discretion, to correct any errors or omissions in any portion of its website, without any prior notice to any user whether via this site or otherwise.
- the results that may be obtained from the use or application of information gained from the ERC mobile application or website in so far as the accuracy and content of any such information is concerned;
- any merchandise advertised through the ERC mobile application or website;
- that the website, any tools (such as calculators), software, advice, opinions, statements, information, content or online services will be error free or will meet any particular criteria of accuracy, completeness, reliability, performance or quality. The user acknowledges that any reliance placed upon any such tools, software, advice, opinion, statement or information shall be at his/her own risk. Calculators supplied are for indicative purposes only and no responsibility is taken for any inaccuracies or miscalculations;
- that information, ideas and opinions expressed on the site should be regarded as professional advice or an official opinion, and users are therefore strongly advised to seek professional advice before taking any course of action related thereto;
- that results of health tests should be regarded as a definitive diagnosis of confirmation that a user may be suffering from any of the conditions described; please consult a doctor for a proper diagnosis;
- that treatment for any of the conditions described will be covered by the Scheme or will qualify for benefits in terms of the rules of a user’s particular benefit option;
- that a summary of benefits provided is definitive. Please refer to product brochures for detailed benefits. In the event of a dispute, the registered Rules of The Family Member (TFM) and its Emergency Response Card (ERC) Scheme will apply. Information on network providers may change on short notice, and no responsibility is taken for incorrect information provided.
• This site is provided "as is" and on an "as available" basis, without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to warranties of satisfactory quality, non-infringement, title, security and compatibility.
• The user acknowledges and confirms the ERC mobile application or website’s indemnity to, including but not limited to, indirect, direct, incidental, special, consequential or punitive damages arising from the use of or inability to use the ERC mobile application or website site. The user acknowledges that the provisions of this paragraph shall apply to all the contents of the ERC mobile application or website.
• The disclaimer of liability applies to damages or injury, including but not limited to, indirect, direct, incidental, special, consequential or punitive damages or any damages whatsoever arising from the use of or loss of use of data or of profits, whether in breach of contract, delictual action, negligence, or under any other cause of action.
• If any of the terms and conditions of this agreement should be deemed to be unlawful, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms and conditions are intended to be effective, then to that extent only and within the jurisdiction in which that term and condition is illegal, invalid or unenforceable, it shall be severed and deleted from this agreement and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable.
• This agreement, the terms, conditions and operating rules for the ERC mobile application or website constitute the entire agreement between the parties with respect to the subject matter hereof. The agreement and the terms and conditions shall be governed and construed in accordance with the laws of the India. Any dispute arising here from shall be exclusively subject to the jurisdiction of the courts and/or tribunals of Ahmedabad, Gujarat. The section headings used herein are for convenience only and shall be of no legal consequence.
• The ERC mobile application or website may at any time revise these terms and conditions by updating the postings. The user is bound by such revisions and should therefore periodically visit this agreement to review the then current terms and conditions to which the user is bound.
• The ERC mobile application or website shall have the exclusive right to at any time change or discontinue any aspect or feature of the ERC mobile application or website.
7. Agreement and termination of agreement
• The use of or access to this site constitutes the user's acceptance of the terms and conditions hereof, which are binding on the user and take effect on the date when the user first makes use of or accesses the ERC mobile application or website.
• If the user does not accept all the terms and conditions in full, the user must exit the site immediately. The ERC mobile application or website has the exclusive discretion to terminate the agreement at any time.
• After the user has exited the site as aforesaid the user must destroy all content, whether materials or software, obtained from the site and all copies thereof.
• In the event of the user failing to exit the site as aforesaid the ERC mobile application or website has the right to claim any indirect, direct, incidental, special or punitive damages caused to the ERC mobile application or website from the user's unauthorised access and/or use of the ERC mobile application or website. The user further indemnifies the ERC mobile application or website against any claims for damages of whatsoever nature caused to another party by the user's unauthorised use and/or access of the sites.