Application of Terms of Use

These “Terms of Use” (together with the documents referred to in them) tell you the terms of use on which you may make use of our website prolesqo.com and superheal.me (the “Website”), whether as a guest or registered user. Use of our Website includes accessing, browsing, searching, using our forums, use of any service which we may provide or registering to use the Website.

Please read these Terms of Use carefully (including the “Limitations of Liability” and “Choice of Law and Jurisdiction” sections below) before you start to use our Website, as these will apply to your use of our Website.

We may update these Terms of Use from time to time, including, to reflect changes in law or as a result of changes to the content of the Website or the addition of new features – it is therefore important that you refer to these Terms of Use from time to time to ensure that you are familiar with the relevant terms which will govern your use of the Website. This version of the Terms of Use is effective as of 1st May 2021.

By using our Website, you confirm that you accept these Terms of Use and that you agree to comply with them.

If you do not agree to these Terms of Use, you must not use our Website.

Subject to any specific terms identified in respect of a particular feature or part of our Website, these Terms of Use (including, our Privacy Notice) constitute the entire agreement between you and us with respect to your use of the Website.

Accessing the Website

We do not guarantee that our Website, or any content on it, will always be available or that access to it will be uninterrupted. Access to our Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Website without notice. We will not be liable to you if for any reason our Website (or any part, feature of or service under the Website) is removed or is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to access our Website (including, having access to an internet connection and an appropriate browser).

You are also responsible for ensuring that everyone who accesses our Website through your internet connection is aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.

Prohibited Uses

You may use our Website only for lawful purposes. You may not use our Website:

  • In any way that breaches these Terms of Use or any applicable law or regulation.
  • In any way that is unlawful or fraudulent, or which has any unlawful or fraudulent purpose or effect.
  • To send, knowingly receive, upload, download, use or re-use any material for any commercial purpose or in a manner which does not comply with our content standards (as set out below).
  • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar request (commonly known as ‘spam’).
  • To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

Disclaimers

The Website contains content generated by us (or on our behalf by researchers). In particular, the Website (and the information which may be accessed through it) is not a substitute for professional medical care by a qualified doctor or other healthcare professional. If you are not a healthcare professional then you should ALWAYS check with your doctor if you have any concerns about your condition or treatment and before taking, or not taking, any action on the basis of the content on our Website. If you are a healthcare professional then this information (including any professional reference material) is intended to support, not replace, your own knowledge, experience and judgement. 

Whilst we hope that you will find the third party sites in respect of which we provide links to be of interest, we can accept no responsibility in respect of any third party web sites or any information contained therein.

The information contained in the Website (including, the Discussion Forums) may contain technical inaccuracies or typographical errors. We reserve the right to make changes and improvements to any information contained within the Website, at any time and without notice.

Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up-to-date. We also do not warrant or represent that the information or materials available through the Website will meet your particular requirements or needs or that access to, or use of, the same will be uninterrupted or completely secure.

Intellectual Property Rights

We are the owner (or the licensee) of all intellectual property rights in our Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may download and/or print off one copy of extracts of any page(s) from our Website for your personal use and you may (in a non-commercial context) draw the attention of others to content posted on our Website.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not further use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the author(s) of content on our Website must always be acknowledged.

You must not use any part of the content on our Website for commercial purposes without obtaining a licence to do so from us (or our licensors as appropriate).

If you print off, copy or download any part of our Website in breach of these Terms of Use, your right to use our Website (and any related materials) will cease immediately and you must, at our choice, return or destroy any copies of the materials you have made (and these Terms of Use shall continue to apply in respect of any such materials).

Registering and contributions

Registering for an Account

The Website Discussion Forums are community sites to which you can submit details of your health experiences for display, indexing and feedback from other registered users.

If you choose to register for an account with our Website then if you select, or you are given, a user identification code, password or any other piece of information as part of our registration or security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time (and so remove your ability to post to the Discussion Forums) at our discretion, including, without limitation, in circumstances where, in our reasonable opinion, you have failed to comply with any of the provisions of these Terms of Use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly reset your password to something which only you know.

Please see our Privacy Notice for more information regarding use of personal data relating to you.

You must only use the Website for lawful purposes and you must not infringe the rights of other users of this site or prevent their enjoyment of it.

If you are under the age of 13 then unfortunately you are unable to register for an account with our Website. The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use any interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.

Contributions to our Website

Any contribution to this Website which you submit, including via the Discussion Forums (including any text, photographs, graphics, video or audio), will be considered non-confidential and non-proprietary. You retain all such ownership rights in your content as you may hold, but in submitting such content to the Website you grant us a perpetual, royalty-free, non-exclusive, right to store, modify (where reasonably necessary to allow publication), copy and publish the contribution on the Website and to make it available to third parties. If you wish to keep your content confidential or do not want to grant us these rights, then please do not submit your contribution to the Discussion Forums.

Furthermore, by submitting your contribution to the Website, you warrant that you have the right to make it available to us for all the purposes specified above; it is not defamatory; it does not infringe any law or third party rights; that it has not been copied from any third party and you will be required to reimburse us in respect of all legal fees, damages and other expenses that we may incur as a result of your breach of the above warranty.

We have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their rights (including, without limitation, their intellectual property rights or right to privacy).

We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you (or any other user of our Website).

We have the right to remove any posting you make on our Website if, in our opinion, your post does not comply with the content standards, or any term, set out in these Terms of Use.

Third Party Links and Resources in our Website

The Website may contain links to other websites and resources operated by third parties. These links are provided for reference and information purposes only. We do not control such websites or resources and are not responsible for their availability or content.

Our inclusion of links to such websites does not imply any endorsement of the material on such websites or any association with their operators. We have no control over the contents of those sites or resources.

Linking to our Website

You may link to the Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. Our Website must not be framed on any other site.

We reserve the right to withdraw or limit this linking permission without notice.

If you wish to make any use of content on our Website other than that set out above, please contact us using this form.

LIMITATIONS OF LIABILITY

Please read this section carefully as it sets out the limits of our liability to you in relation to your use of the Website.

Nothing in these Terms of Use excludes or limits our liability for death or personal injury arising from our negligence, or for our fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited by Indian law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Website or any content on it, whether express or implied. The Website is provided on an ‘as is’ basis.

Please note that we only provide our Website for domestic and private use (and as a reference tool for use by healthcare professionals). You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We assume no responsibility for the content of websites linked on our Website. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

We use our reasonable efforts to check the accuracy of the professional information published on our Website. You should, however, note that we do not warrant that such information will be error free and you acknowledge that the information, products, and services published on this Website may include inaccuracies or typographical errors. Changes are periodically made to the information set out in our Website.\

Subject to the first paragraph under this section (Limitations of Liability), in no event shall we (or any of our suppliers or licensors) be liable to you (or to any other user) for any indirect, incidental, special, or consequential loss or damage, whether arising in contract, tort (including negligence or breach of statutory duty), or otherwise, even if we, or any of our suppliers, have been advised of the possibility of such damages, arising under or in connection with:

use of, or inability to use, our Website;

use of or reliance on any content displayed on our Website (regardless of the origins of such content); or

any information, products, and services obtained through this Website, or otherwise arising out of the use of this Website.

Subject to the first paragraph under this section (Limitations of Liability), our liability (and that of our suppliers or licensors) for any losses suffered arising out of, or in connection with, your use of this Website, whether in contract, tort (including negligence or breach of statutory duty), or otherwise is limited to the lower of: (i) the total value of the relevant transaction (if any) under which the claim arises for any one event or series of connected events, or (ii) the sum of one thousand Indian rupees (Rs. 1,000/-).

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any content on it, or on any website linked to it.

This section does not affect any legal rights you may have as a consumer.

You acknowledge that we have made the Website available to you in reliance upon these Terms of Use and in particular these Limitations of Liability.

Breach of these Terms of Use

If you fail to follow these Terms of Use when using this Website, you may be sent an e-mail in respect of any such failure. If your failure relates to any contribution or submission to our Website then any such email may inform you as to why your contribution to the Website (including the Discussion Forums) has been rejected or edited. This mail may also include a warning that continuing to break the rules may result in action being taken against your account(s).

If you are held to be in breach of any of these Terms of Use then your account(s) may be placed into pre-moderation (meaning that all your contributions will be subject to prior review by a moderator) or we may temporarily or permanently suspend your ability to log on to the Website.

If you post or send offensive or inappropriate content to, or via, this Website or otherwise engage in any disruptive behaviour on the Website, and We consider such behaviour to be serious and/or repeated, then We may use whatever information we have available to us about you to prevent any further such incidents from arising. This may include informing relevant third parties such as your employer, school or email service provider and/or the authorities regarding any such incident(s).

We reserve the right to delete any contribution, or take action against any account, at any time, for any reason.

Choice of Law and Jurisdiction

Please note that these Terms of Use, and the agreement which exists between us under the Terms of Use, its subject matter and its formation, are governed by Indian law. 

If you are accessing this Website from outside of India then: (i) we make no representations that the content of this Website will be suitable for your requirements or that it is permissible or legal for you to access the same; and (ii) your use of the Website is entirely at your own risk and you are responsible for ensuring that you act in accordance with any applicable laws.

Use of this Website is unauthorised in any jurisdiction that does not give effect to all provisions of these Terms of Use, including, without limitation, this paragraph.

General

We reserve the right to change these Terms of Use (and any other terms, conditions, and notices) under which this Website is offered. This version of our Terms of Use is effective as of 1st May 2021.

If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

We reserve the right to freely assign, or otherwise transfer, any of our rights or obligations under these Terms of Use to any third party at our discretion.

Any provision of these Terms of Use that expressly or by implication is intended to come into, or continue in, force on or after termination of your right to use the Website shall remain in full force and effect, including, any licences granted by you in respect of any uploaded content and the provisions of the section titled Limitations of Liability.

We will not be in breach of any of our obligations under these Terms of Use (or otherwise liable for any failure or delay in performance) if we are prevented, hindered or delayed in, or from, performing any of our obligations by any event beyond our reasonable control. The time for performance of such obligations shall be extended accordingly.

Subject to any specific terms detailed on the Website in relation to particular features or materials, these Terms of Use (together with the Privacy Notice and Cookie Policy) set out the entire agreement between you and us in respect of your use of the Website.

No failure or delay by us to exercise any right or remedy provided under these Terms of Use or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

Any rights not expressly granted herein are reserved.