NCORD Policy Relating to your use of eHealthCard
Welcome to NCORD HEALTHCARD LLC, USA and NCORD Health Card LLP, India. NCORD and its affiliates provide access to the www.ncordhealth.com website (the “website“) to you subject to the conditions set out on this page.
Please read these conditions carefully before using the www.ncordhealth.com website. By using the www.ncordhealth.com website, you signify your agreement to be bound by these conditions. In addition, when you use any current or future www.ncordhealth.com service (“eHealthCard SERVICE“), you will also be subject to the terms and conditions and user guidelines applicable to that NCORD’s eHealthCard SERVICES. (“Terms“). If these Conditions of Use are inconsistent with such Terms, the Terms will control.
These “Conditions of Use” constitute an electronic record within the meaning of the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures for authentication.
Important Note Regarding Website Content
The information and content (collectively, “Content“) on this website is for your general information only. The Content cannot replace the relationship that you have with your health care professionals and any information provided to you on this website will not amount to professional advice. The Content on this website should not be considered medical advice. If you are experiencing a medical emergency, you should not rely on any information on this site and should seek appropriate emergency medical assistance. You should always talk to your health care professionals for diagnosis and treatment, including information regarding which drugs or treatment may be appropriate for you. None of the information on this website represents or warrants that any particular drug or treatment is safe, appropriate or effective for you. Health Information is dynamic in nature and has a tendency to change with changing medical advancement and development. Therefore, it is always recommended by us to confirm information with your health care professionals.
The Content may include information regarding therapeutic and generic alternatives for certain prescription drugs, and may describe use for products or therapies that have not been approved by the Food and Drug Administration. This should not be construed as professional medical advice. This Content is for informational, cost-comparison purposes only. It is not medical advice and does not replace consultation with a doctor, pharmacist or other health care professionals. Talk to your health care provider to determine if an alternative prescription drug is right for you.
Agreement and Terms
If you enter into any other agreement with the Company, for example regarding health plan coverage, then these Terms is in addition to the terms of such other agreement. Neither entering into this agreement, nor visiting this website, nor any of these Terms, guarantee that you are eligible to receive coverage from us for any plan offered through this website or otherwise.
1. Your Account
If you use the website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
Please ensure that the details you provide us are correct and complete and inform us immediately of any changes to such information. You can access and update much of the information you provided us within the Your Account area of the website.
www.ncordhealth.com reserves the right to refuse access to the website, terminate accounts, remove or edit content at any time without notice to you.
3. E-Platform for Communication
You agree, understand and acknowledge that the website is an online platform i.e. LiveWire that enables you to purchase products listed on the website at the price indicated therein at any time from any location. You further agree and acknowledge that in case of third party products (other than NCORD products) www.ncordhealth.com is only a facilitator and cannot be held liable for and be a party to or control in any manner, any transactions on the website. Accordingly, the contract of sale of third party products on the website shall be strictly bipartite contracts between you and the sellers on www.ncordhealth.com .
4. Access to www.ncordhealth.com
We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.
NCORD grants you a limited permission to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of NCORD and / or its affiliates, as may be applicable. This license does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another seller; or any use of data mining, robots, or similar data gathering and extraction tools.
This website or any portion of this website (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without expressing in written consent of NCORD and / or its affiliates, as may be applicable.
You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of www.ncordhealth.com and its affiliates without expressing in written consent. You may not use any meta tags or any other “hidden text” utilising NCORD’s or its affiliates’ names or trademarks without the express written consent of NCORD and / or its affiliates, as applicable. Any unauthorised use terminates the permission or license granted by NCORD and / or its affiliates, as applicable.
All rights, title and interest in and to the website, including the Content, and all intellectual property rights, including all copyright, trademark, patent and trade secret rights therein shall remain with the Company and our licensors and vendors, and no ownership interest is transferred to you or any other entity by virtue of making the Content available on the website, granting the foregoing licenses or entering into this Agreement.
Some websites operated by the Company include trademarks or logos belonging to other third-party licensors and are used pursuant to an agreement with such third parties.
5. Your conduct
You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way.
You understand that, you and not www.ncordhealth.com, are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes and permitted uses only.
You must not use the website for any of the following:
1.For fraudulent purposes, or in connection with a criminal offense or other unlawful activity
2.To send, use or reuse any material that does not belong to you; or is illegal, offensive, deceptive, misleading, abusive, indecent, harassing,
blasphemous, defamatory, libellous, obscene, pornographic, paedophilic or menacing; ethnically objectionable, disparaging or in
breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties;
Impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States;
Objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any spam
To cause annoyance, inconvenience or needless anxiety
Not to use this website or Content in any way not explicitly permitted by these Terms or the text of the website itself;
Not to copy, modify or create derivative works involving the Content, except you may print a reasonable number of copies for your personal use;
- Not to misrepresent your identity or provide us with any false information in any information-collection portion of this website, such as a registration or enrollment application page;
- Not to take any action intended to interfere with the operation of this website;
- Not to access or attempt to access any portion of this website to which you have not been explicitly granted access;
- Not to share any password assigned to you with any third parties or use any password granted to a third party;
- Not to directly or indirectly authorize anyone else to take actions prohibited in this section;
You must comply with all applicable laws and regulations while using this website or the Content. You represent and warrant that you are at least 18 years of age.
In the event a user uses a false e-mail address, impersonates any person or entity, or otherwise misleads as to the origin of any content. www.ncordhealth.com reserves the right (but not the obligation) to remove, refuse, delete or edit any content that in the sole judgement of www.ncordhealth.com violates these Conditions of use and, or terminate your permission to access or use this website.
You represent and warrant that you own or otherwise control all of the rights to the content that you post or that you otherwise provide on or through the website; that, as at the date that the content or material is submitted to www.ncordhealth.com:
- The content and material is accurate;
- Use of the content and material you supply does not breach any applicable www.ncordhealth.com policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory);
- The content is lawful. You agree to indemnify NCORD and its affiliates for all claims brought by a third party against it or its affiliates arising out of or in connection with a breach of any of these warranties.
You are solely responsible for the content of any postings you submit and the Company assumes no responsibility or liability for any content submitted by you or any other site visitor. We may, but are not obligated to, restrict or remove any and all content from a message that we determine in our sole discretion violates these Terms or is otherwise harmful to us, our customers, or any third party. We reserve the right to remove the content you provide at any time, but you understand that we may preserve and access a backup-copy, and we may disclose the content if required to do so by law or in a good faith belief that such access, preservation, or disclosure is required by law or in the best interests of the Company.
Any content you submit is for non-commercial use only. Any content you submit will be routed through the Internet and you understand and acknowledge that you have no expectation of privacy with regard to any content you submit. Never assume that you are anonymous and cannot be identified by your posts.
6. Claims against Objectionable Content
www.ncordhealth.com operates on a “notice and takedown” basis. If you believe that any content on the website is illegal, offensive, deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libellous, obscene, pornographic, paedophilic or menacing; ethnically objectionable, disparaging; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, (“Objectionable Content“), please notify us immediately by email on firstname.lastname@example.org. Once this procedure has been followed, www.ncordhealth.com will make all reasonable endeavours to remove such Objectionable Content complained about within a reasonable time.
7. Copyright, authors’ rights and database rights
All content included on the website, such as text, graphics, logos, button icons, images, and audio clips, digital downloads, data compilations, and software, is the property of NCORD, its affiliates or its content suppliers and is protected by India and international copyright, authors’ rights and database right laws.
8. Restrictions on Use of Materials
9. Intellectual Property Claims
NCORD and its affiliates respect the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please email us on email@example.com
The notice must include the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work/trademark/design claimed to have been infringed;
- Identification of the material that is claimed to be infringing or the subject of infringing activity;
- The name, address, telephone number, and email 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 that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed If you believe in good faith that a notice of copyright infringement has been wrongly filed against you.
NCORD, THE NCORD LOGO, PERSONALISED HEALTHCARE, eHealthCard SOFTWARE and other marks indicated on our website are trademarks or registered trademarks of NCORD or its subsidiaries (collectively “NCORD”), in the India and/or other jurisdictions. www.ncordhealth.com’s graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of NCORD. NCORD’s trademarks and trade dress may not be used in connection with any product or service that is not NCORD’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits NCORD. All other trademarks not owned by NCORD that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by NCORD.
One or more patents apply to the website and to the features and services accessible via the website and all corresponding foreign counterparts.
You acknowledge and undertake that you are accessing the services on the website and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the website. We shall neither be liable nor responsible for any actions or inactions of third party sellers nor any breach of conditions, representations or warranties by the third party sellers or manufacturers of the products and hereby expressly disclaim and any all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between you and the third party sellers or manufacturers of the products.
We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed or displayed or transacted or the content (including product information and/or specifications) on the website. While we have taken precautions to avoid inaccuracies in content, this website, all content, information, software, products, services and related graphics are provided as is, without warranty of any kind. We do not implicitly or explicitly support or endorse the sale or purchase of any products on the website.
At no time shall any right, title or interest in the products sold through or displayed on the website vest with NCORD nor shall NCORD have any obligations or liabilities in respect of any transactions on the website.
13. Indemnity and Release
You shall indemnify and hold harmless NCORD, its subsidiaries, affiliates and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney’s fees, made by any third party or penalty imposed due to or arising out of your breach of these Conditions of Use or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.
You hereby expressly release NCORD and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the vendors and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.
Use of www.ncordhealth.com is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. If you are a minor i.e. under the age of 18 years, you may use www.ncordhealth.com only with the involvement of a parent or guardian.
15. Other Businesses
We provide links to the websites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant or endorse the offerings of any of these businesses or individuals, or the content of their websites. NCORD does not assume any responsibility or liability for the actions, products, and content of any of these and any other third-parties. You can tell when a third-party is involved in your transactions, and we may share customer information related to those transactions with that third-party. You should carefully review their privacy statements and other conditions of use.
When you visit www.ncordhealth.com or send e-mails to us, you are communicating with us electronically. You will be required to provide a valid phone number while placing an order with us. We may communicate with you by e-mail, SMS, phone call or by posting notices on the website or by any other mode of communication. For contractual purposes, you consent to receive communications including SMS, e-mail or phone calls from us with respect to your order.
We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the website.
18. Alteration of Service or Amendments to the Conditions
19. Events beyond our reasonable control
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
21. Governing law and Jurisdiction
These conditions are governed by and construed in accordance with the laws of India. You agree, as we do, to submit to the exclusive jurisdiction of the courts at Pune.
22. Our Details
This website is operated by NCORD. For the www.ncordhealth.com website, you could contact us by visiting: www.ncordhealth.com
23. NCORD Software Terms
In addition to these Conditions of Use, the terms apply to any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with NCORD Services (the “NCORD’s eHealthCard Software”).
25. No Warrenties
ALL CONTENT ON THIS WEBSITE IS PROVIDED TO YOU ON “AS IS WHERE IS” or “AS AVAILABLE” BASIS. THE COMPANY, ALL THIRD PARTIES, IF ANY, PROVIDING CONTENT FOR THIS WEBSITE, AND ALL THIRD PARTIES PROVIDING SUPPORT OR INFORMATION FOR THIS WEBSITE (COLLECTIVELY, “WEBSITE-RELATED-PARTIES”) HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
THE WEBSITE-RELATED-PARTIES MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS WEBSITE. WITHOUT LIMITING THE FOREGOING, THE WEBSITE-RELATED-PARTIES SPECIFICALLY DO NOT REPRESENT OR WARRANT THAT ANY INFORMATION REGARDING PARTICULAR PLAN BENEFITS OR SCOPE OF COVERAGE IS ACCURATE OR COMPLETE. THE WEBSITE-RELATED-PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES THAT USE OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THIS WEBSITE IS FREE OF VIRUSES AND ANY OTHER POTENTIALLY DESTRUCTIVE COMPUTER CODE.
Some states do not allow limitations on implied warranties, so one or more of the above limitations may not apply to you.
26. Limitation Of Liablity
YOU AGREE THAT NONE OF THE WEBSITE-RELATED-PARTIES SHALL BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THIS WEBSITE OR THE CONTENT. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS THE WEBSITE-RELATED-PARTIES, INCLUDING ALL AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS. THIS PROTECTION COVERS ALL LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION. THE TOTAL, CUMULATIVE, LIABILITY OF THE WEBSITE-RELATED-PARTIES, INCLUDING ALL AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, IF ANY, FOR LOSSES OR DAMAGES SHALL BE LIMITED TO THE AMOUNT OF YOUR ACTUAL DAMAGES, NOT TO EXCEED U.S. $100.00. THE LIMIT OF LIABILITY MAY NOT BE EFFECTIVE IN SOME STATES. IN NO EVENT SHALL THE WEBSITE-RELATED-PARTIES, INCLUDING ALL AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT DESCRIBED ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE, RESULTING FROM ANY USE OF THE WEBSITE OR CONTENT ARE EXCLUDED EVEN IF THE WEBSITE-RELATED-PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT YOU USE THIS SITE AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THIS WEBSITE OR THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
27. Additional terms
Your obligations under the following sections survive termination of this Agreement: Important Note Regarding Website Content; Agreement and Terms; portions of License to use this website and content ownership; Restrictions on use of this website; Posting messages, comments or content; Copyright Infringement – DMCA Notice; Changes to website content; Links; NO WARRANTIES; LIMITATION OF LIABILITY; Governing law and statute of limitations; Additional terms. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition. You agree to defend, indemnify, Website-Related-Parties and their subsidiaries, affiliates, officers, directors, employees, and agents, harmless from any claim, demand, or damage, including reasonable attorneys’ fees, arising out of or related to your breach of this Agreement or your use or misuse of the Content or website. You may not transfer or assign any rights or obligations under this Agreement. The Company may transfer or assign its rights and obligations under this Agreement.