Welcome to swheal!

We hope you find the content to be useful. Whilst you navigate our platform, it is important that you read and agree to the terms and conditions mentioned here for accessing, browsing, and using our platform.

By browsing, using, and accessing our Website, it signifies your consent to the terms and conditions set out here and are bound by the terms and conditions set out here. Upon your acceptance, this Agreement becomes effective and binding, and you shall not contest the validity of this Agreement solely on the basis that it is being electronically concluded. You also expressly agree that this Agreement is being executed in and governed by the laws of India.

In this policy, the term ‘Website’ refers to swheal.com; the terms ‘we’ or ‘our’ or ‘us’ refer to HEALTHALIGN ADVISORY LLP (“LLP”), the entity operating the Website; and the term ‘you’ or ‘your’ refers to the user who uses/accesses our Website or is validly authorized on behalf of any other person (whether a natural person or legal entity) to use and access our Website for the benefit of such other person. If you are accessing or utilizing this Website on behalf of another individual, we will presume that you have been duly authorized by that person. If you lack adequate authorization to disclose such information to us, you will be solely responsible for your actions and omissions. The use or access of the Website is restricted to individuals who can enter into a legally binding contract under the Indian Contract Act, 1872. Any minor seeking to use or access the Website must do so under the guidance of their legal guardian or parents.

You agree and confirm that you are competent to enter into this User Agreement and agree to give us the right to terminate this Agreement if it comes to our notice that you lack sufficient authority and capacity to enter into this Agreement. We also retain the right to block you or disable your access to the Website if we believe in our sole discretion that you have violated the terms and conditions of this Agreement.

1. WEBSITE RELATED

We are running the Website as an online platform providing informative material with respect to healthcare information and service provider access including but not limited to opinion articles by medical specialists, awareness relating to health campaigns/events, health-related fact checks, case studies, interviews, and information for patients such as medical conditions, diagnostics, treatments, medical specialists, hospitals, healthcare service providers, etc.

The information provided on the Website is for informational purposes only and should not be construed as encouraging users to use any drugs or medications and should not be considered as professional medical advice, diagnosis, treatment, or recommendation of any kind. Users are strongly advised to consult their doctors or registered medical practitioners for any health concerns, and nothing on our Website should be regarded as medical advice or a remedy for self-medication. We do not advocate or propagate self-remedy, and in case of any medical issues, please contact your doctor immediately.

Specifically, nothing on the Website should be deemed an advertisement under the Drugs and Magic Remedies (Objectionable Advertisement) Act, 1954.

The content on our Website should not be interpreted as an “advertisement,” as it is purely intended for informational and educational purposes. Please refer to our editorial policy to understand the standards we use to develop the content for our Website.

While browsing the Website, users understand and accept that we shall not be liable and do not validate, endorse, or approve any information or content posted on its Website. The registered medical practitioners and other healthcare service providers providing us with informative content for the Website shall be solely responsible for compliance with laws applicable to them in this regard, including but not limited to the Drugs and Cosmetics Act, 1940, and the rules and notifications made thereunder; Indian Medical Council (Professional Conduct, Etiquette, and Ethics) Regulations, 2002 (as amended, restated from time to time).

Disclaimers:

While we make every effort to ensure the accuracy of the information on this Website, both we and our Associates (as defined below) do not provide any explicit or implied representation or warranty regarding the accuracy, reliability, or completeness of the content on the Website.

We and our Associates are not responsible for any direct, indirect, incidental, special, consequential, or exemplary damages, including damages for loss of profits, goodwill, data, or any other losses associated with the use of the Website. You acknowledge and agree that errors may exist in the content and related information on the Website. We explicitly disclaim all express and implied representations, warranties, or guarantees regarding the validity, accuracy, correctness, completeness, or reliability of such information and material on the Website. Any information, whether oral or written, obtained from us does not create any warranty that is not expressly stated in these terms.

The Website offers health, medical related information but is designed for informational purposes only. We do not provide any professional advice on medicines or health. You should always seek independent medical advice before acting on any information on the Website.

You further acknowledge and accept that you shall use this Website solely at your own risk and the content provided on this Website is on “as is” and “with all faults” basis.

To the extent permissible under applicable laws, we and our Associates (which is defined to mean our affiliates, associates, employees, officers, directors, advisors, licensors or any other person acting on our behalf) disclaim all liability (including special, indirect, or consequential loss) for loss directly or indirectly arising from: (i) your use of, or reliance on, the Website or the Website’s content; (ii) unauthorized use or access to our servers; (iii) interruption or cessation of transmission to or from our server. Nothing contained on this Website shall be relied upon as a promise or representation as to the validity, accuracy, correctness, completeness, or reliability of any information provided on or through the Website.

We shall also not be responsible in case of “phishing” or similar fraudulent scams. In order to mitigate the chances of such scams, ensure you are visiting the authorized URL of our Website; you check for the affiliation of officers with us; you don’t share your password with anyone; and ensure that emails you receive are from the domain name swheal.com.

We provide no guarantee that access to the Website will be available or that the Website is free from viruses or anything else that may damage any computer which accesses the website. We may, from time to time, restrict access to any part or whole of the Website in our discretion for any reason whatsoever including to prevent the spread of the virus or security breach or in case of non-compliance with the terms of this Agreement by you or any other person. Any content downloaded or otherwise obtained through the Website is done at your own discretion and risk and you are solely responsible for any damage to your computer or other electronic system or loss of data that results from the download of any such content.

2. NON-EXCLUSIVE LICENSE

The intellectual property rights in the content found on the Website, including the design, graphics, and layout, are owned by us and/or our licensors. You are provided with only a non-exclusive, limited, and non-transferable right to access and view the content of this Website in accordance with the terms and conditions mentioned herein. You are not permitted to copy, sell, modify, duplicate, re-sell, distribute, or otherwise deal with the content on the Website. This Agreement does not grant you any license to use our trademarks and tradenames in any way.

By posting any content, feedback, or reviews on the Website, you hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, assignable right and license to use, copy, display, and create derivative works based on such content/feedback/reviews, in all forms of media, anywhere in the world, and in accordance with our privacy policy.

We lack the ability to control user communications, specifically regarding feedback or reviews posted on our Website. Your interactions with other users on the Website and any content you post or transmit are solely your responsibility. While we retain the right to monitor interactions among users and remove objectionable content, we are not obligated to do so. We, along with our Associates, will not be liable in any way for user-generated content, including but not limited to, errors or omissions in such content, or any loss or damage incurred by you resulting from the use of such user-generated content transmitted, uploaded, posted, emailed, or otherwise made available via the Website.

3. USAGE OF THE WEBSITE

You agree to not use this Website for any purpose that may, in any way, give rise to any liability for us or constitute a criminal offense. You agree to not use this Website and its content, including to post comments or to give feedback, in any manner that is: (i) unlawful, fraudulent, harassing, abusive, harmful, libelous, threatening, vulgar, obscene, and otherwise objectionable material; or (ii) for gaining access to restricted parts of this Website or any other computers or computer servers of other users, third parties; or (iii) for violating other users’ or third parties’ privacy; or (iv) disabling or avoiding any security device or attempting to probe or test the vulnerability of a system or network or interfering with the computer network by way of sending viruses, etc.); (v) attempting to interfere with service to any other user, host or network, including without limitation, via means of submitting a virus to the Website, overloading, ‘flooding,’ ‘spamming,’ ‘mail bombing’ or ‘crashing’; (vi) sending unsolicited e-mail, including promotion of the services; (vii) forging any TCP or IP packet header or any part of the header information in an email or posting.

Further, you shall not, either directly or indirectly: (i) license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website; (ii) access the Website in order to build a similar or competitive service; (iii) copy, reproduce, distribute, republish, download, display, post, or transmit in any form or by any means, any content of the Website (iv) use the Website in any way that causes, or may cause, damage to us, the Website, its users, or impair the availability or accessibility of the Website in any way which is unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity; (v) use the Website for any unauthorized purpose, or in violation of any applicable law or the User Agreement; (vi) post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain access to another user’s account, or private information from any user; (vii) infringe upon our intellectual property rights or similar rights of any third party; (viii) post, transmit, upload, or otherwise make available any material that contains software viruses or any other computer code, trojan horse, or other code with malicious, disruptive and/or destructive features, files, or programs designed or functioning to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, including the Website; (ix) use any robot, spider, scraper, sniping software, or other automated means to access the Website for any purpose; (x) attempt to decipher, decompile, disassemble, or reverse engineer any part of the website; (xi) framing or hotlinking or deep linking any content on the Website; (xii) do anything that is detrimental to us or the Website or is not in accordance with the legitimate objectives of this Website.

You agree to not abet/assist and encourage any person to do any of the actions stated above. The Website and its content are not meant for distribution to, or use by, any person or entity in any jurisdiction where such distribution or use would violate the laws applicable to them. You also agree to provide accurate and complete information about yourself while using our Website. If you provide any information that is untrue or incomplete (or becomes untrue, inaccurate, not current, or incomplete), or we have reasonable grounds to believe that such information is untrue or incomplete, we have the right to suspend or terminate your account and refuse further access to our Website. You acknowledge our authority to investigate any instances of user breach of this Agreement and, if any criminal liability arises from such breaches, to communicate relevant information to the respective authorities.

Considering the content posted on our Website is in relation to the field of medical sciences, while posting feedback/comments/review on our content or with respect to any healthcare service provider/healthcare professionals, users are advised to use precaution while sharing such comments. Some of the factors that users should keep in mind are as follows:

• Whilst commenting/giving feedback on any healthcare service provider/healthcare professional, users must ensure that it is based on their own personal experience with such service provider/healthcare professional and not based on other person’s feedback.
• Your review must not include any personally identifiable information or any confidential, privileged, or other information that you are not allowed to share with others (including information protected by contractual or non-disclosure obligations).
• Your review must not contain any information relating to any of your medical or health conditions such as details with respect to any of your symptoms, any medical diagnosis, or any prescriptions that you are taking.
• Your review must involve either your personal opinion of the provider and/or any factual statements that are true and accurate.
• Your review must not contain content that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, or hateful to any person or entity.
• Your review must not include advertisements or solicitations.
• Your review must not include “spam” or other content that significantly detracts our users’ experience with Website; and
• Your review must not violate the privacy, publicity, intellectual property, or any other rights of any other person or entity.

4. PRIVACY POLICY

Please access our privacy policy [here](link to privacy policy). The privacy policy is considered to form an integral part of this Agreement by reference. By consenting to the terms of this Agreement, you agree to be bound by the terms of the privacy policy as well.

References on this Website to any names, or services of third parties, or hypertext links to third-party websites or information or content provided by third parties, are provided solely as a convenience to you and do not in any way constitute or imply our endorsement, sponsorship, or recommendation of the third party, its information, materials, or services. We are not responsible for the practices or policies of such third parties. If you decide to visit the websites of any such third-party sites, you do so entirely at your own risk.

When you access and use the Website, you may also be using the services of one or more of our affiliates or third-party service providers (e.g., GooglePlay, Apple iPhone Store, Windows Store, etc.). The use of these services by you shall be subject to specific documentation agreed with such parties, and you hereby explicitly agree to comply with the same.

5. GOVERNING LAW AND JURISDICTION

This agreement is governed by the laws of India and subject to the paragraph below, courts in Mumbai, India, will have jurisdiction. Any dispute arising out of or in connection with or in relation hereto shall so far as possible, in the first instance, be amicably settled by and between the parties. In the event of disputes, claims, or differences which are not being amicably resolved, such disputes shall be referred to arbitration wherein each party shall appoint one arbitrator each who shall then jointly appoint the third arbitrator. The arbitral proceedings shall be conducted in accordance with the provisions of the Arbitration & Conciliation Act, 1996, as amended from time to time, or rules made thereunder. The seat and place of arbitration shall be Mumbai, India.

6. SEVERABILITY

If any provision of this Agreement is determined to be void or unenforceable under applicable laws, such provisions shall be deemed amended or deleted to the extent necessary to conform to applicable laws and the remaining provisions of this Agreement shall remain valid and enforceable as applicable at the time of its execution.

7. INDEMNITY

You hereby covenant to indemnify us and our Associates from all damages, liabilities, demands, costs, expenses, claims, actions, and proceedings (including all consequential, direct, indirect, special, or incidental loss or punitive damages or loss, legal and other professional fees, costs and expenses, fines, penalties, interest, and loss of profit or any other form of economic loss (including loss of reputation)) arising due to breach of this Agreement by you or any person acting on your behalf or on account of violation of applicable laws. This clause will survive the termination of this Agreement.

8. FORCE MAJEURE:

We will not be deemed to be in default or delay in the performance of our obligations under this Agreement on account of acts of god such as earthquakes, storms, natural disasters, floods, etc., war, terrorism, armed conflict, labor strikes, lockouts, lockdowns including on account of the COVID-19 pandemic, any acts of nature, labor disputes, shortages of materials, rationing, pandemic, or epidemic, inducement of any virus, Trojan, or other disruptive mechanisms, any event of hacking or illegal usage of the Website, utility or communication failures, revolution, civil commotion, acts of public enemies, blockade, embargo, or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause beyond our reasonable control.

9. TERMINATION

This Agreement can be terminated by us, at any point of time, thus ending the relationship formed via this Agreement, with or without a cause or notice. Once the Agreement is terminated by us, your access to the Website shall be discontinued.

We shall not be liable for the termination of this Agreement to any user or any third party. It is not mandatory for us to explain to the user why their agreement was terminated but the causes could include any order from the government or the court, user’s breach of terms specified in this agreement including non-payment of the monetary sum owed to us etc.

10. AMENDMENTS

We reserve the right, at our sole discretion, to change, modify, add or remove portions of this Agreement, at any time without any prior written notice to you. The updated Agreement shall be posted on the Website so that it is always available to you; however, in case of substantial changes to this Agreement, we shall notify you in accordance with applicable laws through your email id / phone number provided to us.

11. CONTACT US

For any feedback, comments, or questions, please contact us at:

Email id: relations@swheal.com

Unless specified otherwise, this Agreement constitutes the entire agreement between you and us regarding your use and access of the Website and supersedes any and all prior communication and proposals between you and us.