1. Intellectual Property Protection
The contents and design of the Site and any material e-mailed to you or otherwise supplied to you in conjunction with the Site (such contents, design and materials being collectively referred to as the "Metahelix Life Sciences Content"), are copyright of Metahelix Life Sciences and its licensors. You may not use or reproduce or allow anyone to use or reproduce any trademarks for any reason without written permission from Metahelix Life Sciences.
2. Use of Metahelix Life Sciences Content
You may retrieve and display Metahelix Life Sciences Content on a computer screen or (if expressly authorized) mobile telephone, print individual pages on paper (but not photocopy them) and store such pages in electronic form on your mobile telephone for your personal, non-commercial use. Except as expressly set out above, you may not reproduce, modify or in any way commercially exploit any of the Content. In particular, but without limiting the general application of the restrictions contained in the preceding sentence, you may not do any of the following without prior written permission from Metahelix Life Sciences:
i. Reproduce or store in or transmit to any other web site, newsgroup, mailing list, electronic bulletin board, server or other storage device connected to a network or regularly or systematically store in electronic or print form, all or any part of Metahelix Life Sciences Content, or
ii. Modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit all or any part of Metahelix Life Sciences Content (including use as part of any library, archive or similar service) without the prior written consent of Metahelix Life Sciences,
iii. Remove the copyright or trademark notice from any copies of Metahelix Life Sciences Content made under these Terms.
Any use of Metahelix Life Sciences content not specifically permitted above is expressly prohibited. Requests for permission for other uses may be sent to Metahelix Life Sciences by submitting using the Customer Services contact form, and may be subject to a fee.
3. License Fee, Payment, and Transactions
Access to certain Metahelix Life Sciences Content may be subject to a fee. All payments (including applicable taxes) must be made in advance in INR or other currency specified by Metahelix Life Sciences. You are responsible for the payment of all charges associated with the use of the Site using your ID.
If your use of the Site is terminated by Metahelix Life Sciences, you will be entitled to receive a refund of any credits or pre-payments that remain unused at the time of termination unless such use is terminated because you are in breach of these Terms. You will continue to be responsible for any fees or other charges incurred by you prior to such termination.
A refund for Annual Web Subscriptions are given on a pro-rata basis, as long as more than eight months of the subscription remains. The cost of each month (or part thereof) of the subscription that has elapsed will be deducted from the cost of the Annual Web Subscription at the prevailing monthly rate. After four months of an Annual Web Subscription has elapsed, refunds cannot be given.
A credit will be given for articles purchased on an individual basis.
Refunds can only be made to the credit/debit/charge card that was used for the original purchase. All refunds are at the discretion of Metahelix Life Sciences.
4. Terms and Termination
Metahelix Life Sciences may, in its discretion, terminate or suspend your access to all or part of the Site (including any right to access and use Metahelix Life Sciences Content) with or without cause by delivering notice to you.
The rights of termination are in addition to all other rights or remedies of Metahelix Life Sciences provided in these Terms or by law.
5. Changes to the Site
Metahelix Life Sciences reserves the right, in its discretion, to suspend, change, modify, add or remove portions of Metahelix Life Sciences Content available on the Site at any time and to restrict the use and accessibility of the Site.
6. Registration, Passwords and Responsibilities
Certain areas of the Site are only open to you if you register. You are solely responsible for the confidentiality and use of and access to Metahelix Life Sciences Content and the Site using your user name, sign-on password, and/or I.D. You agree to immediately notify Metahelix Life Sciences if you become aware of any loss or theft of any sign-on password or I.D. or any unauthorized use of a sign-on password, I.D., user name, or of Metahelix Life Sciences Content or the Site. You will provide Metahelix Life Sciences with accurate, complete registration information (including in particular your e-mail address) and inform Metahelix Life Sciences of any changes to such information. For the purpose of confirming your compliance with the terms of these Terms, Metahelix Life Sciences reserves the right to monitor and record activity on the Site, including access to Metahelix Life Sciences Content.
Each registration is for a single user only. You may not share your user name and password with any other person, nor may you share or transfer your subscription. Metahelix Life Sciences does not permit access through a single name and password being made available to multiple users on a network. Metahelix Life Sciences may cancel or suspend your access to the Site if you do this without further obligation to you.
8. Community Forums
The Site may include bulletin boards, discussion groups and other public areas that allow feedback to Metahelix Life Sciences and interaction between users and Metahelix Life Sciences representatives ("Forums"). While Metahelix Life Sciences does not control the information/materials posted to Forums by users (the "Messages"), it reserves the right (which it may exercise at its sole discretion without notice) to delete, move or edit the Messages and to terminate your access to and use of the Forums.
You are solely responsible for the content of your Messages. You must comply with any rules posted by Metahelix Life Sciences on a Forum. You may not:
|| Post, link to or otherwise publish any Messages containing any form of advertising or promotion for goods and services or any chain Messages or "spam";
| Post, link to or otherwise publish any Messages with recommendations to buy or refrain from buying a particular security or which contain confidential information of another party or which otherwise have the purpose of affecting the price or value of any security:
By submitting Messages to any Forum you agree to indemnify and hold harmless Metahelix Life Sciences from all claims, costs and expenses (including legal expenses) arising out of any Messages posted or published by you that are in breach of this section 8.
|| Post, link to or otherwise publish any Messages that are unlawful, threatening, abusive, libelous, indecent, infringe copyright or other rights of third parties or which contain any other form of illegal content;
|| Post or otherwise publish any Messages that contain a virus or other harmful component;
||Disguise the origin of any Messages;
||Impersonate any person or entity (including Metahelix Life Sciences employees or Forum guests or hosts) or misrepresent any affiliation with any person or entity;
|| Post or otherwise publish any Messages unrelated to the Forum or the Forum's topics;
||Post or transmit any Messages that contain software viruses, files or code designed to interrupt, destroy or limit the functionality of the Site or any computer software or equipment;
||Collect or store other users' personal data;
The Forums contain Messages submitted by users over whom Metahelix Life Sciences has no control. Metahelix Life Sciences cannot guarantee the accuracy, integrity or quality of any Messages. Some users may breach these terms and post Messages that are misleading, untrue or offensive. You must bear all risk associated with your use of the Forum and should not rely on Messages in making (or refraining from making) any specific investment or other decisions.
By submitting Message to a Forum you are granting Metahelix Life Sciences perpetual royalty free non-exclusive license to reproduce, modify, translate, make available, distribute and sub-license the Message in whole or in part and in any form. This may include personal information such as your user name and alias and your expressions of opinion. Metahelix Life Sciences reserves the right to contact you by e-mail with regard to your use of the Forums. You waive any moral rights that you may have in regard to the Messages you submit.
It is not possible for Metahelix Life Sciences to fully and effectively monitors Messages that are submitted for infringement of third party rights. If you believe that a message infringes your legal rights, you should notify Metahelix Life Sciences immediately by means of the Customer Services contact form.
9. No Warranty, Disclaimer of Liability and Indemnity
Whilst every effort has been made to ensure the high quality and accuracy of the Site, Metahelix Life Sciences makes no warranty, express or implied concerning Metahelix Life Sciences Content, the Site, software or products or services available through the Site (the "Site Services"), which are provided "as is". Metahelix Life Sciences expressly disclaims all warranties, including but not limited to warranties of fitness for a particular purpose and warranties of merchantability. In no event will Metahelix Life Sciences, its affiliates or other suppliers be liable for direct, special, incidental, or consequential damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information or other pecuniary loss) arising directly or indirectly from the use of (or failure to use) or reliance on the Site Services, even if Metahelix Life Sciences has been advised of the possibility that such damages may arise. Metahelix Life Sciences does not guarantee the accuracy, content, or timeliness of the Site Services or that they or related systems are year 2000 compliant or free from viruses or other contaminating or destructive properties.
In no event will any liability of Metahelix Life Sciences, its affiliates, agents and licensors to you (and/or any third party) arising out of any kind of legal claim (whether in contract, tort, or otherwise) in any way connected with the Site Services or breach of these Terms by Metahelix Life Sciences exceed the amount, if any, paid by you to Metahelix Life Sciences in respect of the particular Site Service to which the claim relates.
Upon Metahelix Life Science’s request, you agree to defend, indemnify and hold harmless Metahelix Life Sciences from any claims and expenses, including reasonable legal fees, related to any breach of these Terms by you or your use of any Site Services.
10. Force Majure
Metahelix Life Sciences, its affiliates and its information providers will not be liable or deemed to be in default for any delay or failure in performance or interruption of the delivery of Metahelix Life Sciences Content resulting directly or indirectly from any cause or circumstance beyond its or their reasonable control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes or natural disasters, strikes or other labor problems, wars, or governmental restrictions.
Changes to these Terms. Metahelix Life Sciences may, in its discretion, change these Terms (including those relating to your use of Site and/or Metahelix Life Sciences Content). When Terms are changed, Metahelix Life Sciences will notify you by email or by publishing details of those changes by including them in these Terms. If you use the Site after Metahelix Life Sciences has published or notified you of the changes, you are agreeing now to be bound by those changes. If you do not agree to be bound by those changes, you should not use the Site any further after they are published. Access to certain Metahelix Life Sciences Content may be subject to additional terms and conditions.
Advertising, Third Party Content and other Web Sites. Parts of the Site may contain advertising or other third party content. Advertisers and other content providers are responsible for ensuring that material submitted for inclusion on the Site complies with international and national law. Metahelix Life Sciences is not responsible for any third party content or error, omission or inaccuracy in any advertising material. The Site may contain links to other web sites. Metahelix Life Sciences is not responsible for the availability of these web sites or their contents.
Assignment of Agreement. This agreement is personal to you and your rights and obligations under these Terms may not be assigned, sub-licensed or otherwise transferred. Metahelix Life Sciences may assign this agreement to a third party.
Non-Waiver. No delay or omission on the part of either party in requiring performance by the other party of its obligations will operate as a waiver of any right.
Notices. Notices to Metahelix Life Sciences must be given in writing by letter and sent to Metahelix Life Science’s last known place of business in India (for the attention of the General Counsel).
Severability/Survival/Statute of Limitations. If any provision of these Terms is invalid or unenforceable, such will not render all the Terms unenforceable or invalid but rather the Terms will be read and construed as if the invalid or unenforceable provision(s) are not contained therein. Any cause of action of yours with respect to these Terms must be filed in a court of competent jurisdiction in New Delhi, India, within one year after the cause of action has arisen, or such cause will be barred, invalid, and void.
Whole Agreement. Save as expressly referred to herein, any representation, warranty, term or condition not expressly set out in these Terms shall not apply.
Headings. Headings in these Terms are for convenience only and have no legal meaning or effect.
12. Governing Law and Jurisdiction
These Terms shall be governed by, and construed in accordance with, India law. The parties irrevocably agree that the courts of India shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of the Indian courts.
For the exclusive benefit of Metahelix Life Sciences, Metahelix Life Sciences shall retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence or, where these Terms are entered into in the course of your trade or profession, the country of your principal place of business.