Welcome to The Cancer Expert!
These terms and conditions outline the rules and regulations for the use of The Cancer Expert's Website, located at http://thecancerexpert.com .
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: "Client", "You" and "Your" refers to you, the person log on this website and compliant to the Company’s terms and conditions. "The Company", "Ourselves", "We", "Our" and "Us", refers to our Company. "Party", "Parties", or "Us", refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing laws of India. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
The Cancer Expert connects individuals with cancer with our team of experts with secure e-mail for the purpose of providing expert oncology opinion services over the Internet, as well as providing other types of administrative services and information (“Services”).
The Cancer Expert’s Site and Services are NOT FOR use for medical Emergencies or urgent situations. You should not disregard or delay seeking medical advice based on anything that appears on The Cancer Expert’s Site.
At no time during the use of The Cancer Expert's Service are you entering into a doctor-patient relationship with our team. Your interaction with our team through this Service is not intended to replace your relationship with an existing physician. The Cancer Expert is not an insurance product nor a prescription fulfillment warehouse. The Cancer Expert reserves the right to deny service for actual or potential misuse of these Services. The Services do not include the provision of medical care by The Cancer Expert. Rather, the Services enable access to our team of experts who have agreed to provide education to Customers using The Cancer Expert’s Services.
The Cancer Expert's team will not prescribe medications or order medical tests.
To permit you to access The Cancer Expert Services on behalf of a minor child of whom you are a parent or legal guardian, you may inform us explicitly.
The Cancer Expert may contact you by telephone, mail, or email to verify your identity given to us. The Cancer Expert may request further information from you and you agree to provide such further information to ensure you have not fraudulently communicated with us. If you do not provide this information in the manner requested within 14 days of the request, The Cancer Expert reserves the right to suspend, discontinue, or deny your access to and use of the Site and Services, until the information is provided by the Customer to The Cancer Expert as requested.
As part of the process, you are required to provide us with certain personal and medical information. Additionally, it is your responsibility to update The Cancer Expert as promptly as possible with changes to your personal and/or medical information so that all records are current, complete, and accurate. At any given time, you may be notified that information may be available for your review that is considered time sensitive, such as appointment schedule, medical information, diagnosis, lab results, etc, to the e-mail address that you provided as your contact point. Please keep this in mind when determining which e-mail address you offer as a contact point. You are obliged to provide us the following information:
By subscribing to The Cancer Expert’s services you are agreeing to opt-in to the receipt of newsletters and other information regarding common medical and health-related topics, clinical trial information, or preventive care messages containing specific medical and health-related information, links to other related web sites and specific questions related to the information contained in your correspondence with us. Additionally, The Cancer Expert makes available self-care informational services that provide general medical and health information. These communications and resources are not comprehensive medical text and do not include all the potential information regarding the subject matter. These communications and resources are for general educational and informational purposes only, and should not be relied upon as a substitute for patient-specific advice, medical diagnosis, and treatment or construed, directly or indirectly, as the practice of medicine or dispensing of medical services by The Cancer Expert. Such information is not a substitute for seeing an appropriate healthcare professional for medical treatment, emergency medical services, or urgent care. The information contained in these communications and resources are compiled from a variety of sources and may or may not be considered authored by The Cancer Expert. The Cancer Expert makes no warranty as to the content of these materials or the information contained therein, or represents or warrants that any particular drug or treatment is safe, appropriate, or effective for you. If you do not wish to receive such communications, you may opt-out at any time by contacting Customer Services.
You agree that you will not attempt to use the Services as a substitute for any service that must be provided to you by your regular healthcare professional as a follow up to an in-office visit, as required by your healthcare plan. You will not use the Site or Services in any unlawful way and/or for any unlawful purpose. You will not post or transmit a message under a false name, or use the network resources of The Cancer Expert to impersonate another person or misrepresent authorization to act on behalf of others or The Cancer Expert. All messages transmitted via The Cancer Expert should correctly identify the sender. You may not alter the attribution of origin in electronic mail messages or posting. You will not allow another person or entity to use your e-mail to access or use the Site or Services, or post or view comments. You will not attempt to undermine the security or integrity of computing systems or networks of The Cancer Expert and/or its Partners, or those accessed through or with their product, and must not attempt to gain unauthorized access. You may not harvest or collect PHI about any other individual who uses the Service. You may not post or transmit any data, materials, content or information which is threatening, false, misleading, abusive, libelous, pornographic or profane, or that contains or promotes any virus, worm, Trojan horse, time bomb, or other computer programming or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Site or the Services. You may not tamper, hack, spoof, copy, modify, or otherwise corrupt the administration, security or proper function of the Site or the Services. You will not use robots or scripts with the Site. You will not attempt to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter, defraud or create false results from any executable code, or information on or received by this Site.
You further agree that any information you provide or use on the Site, and your use of the Site or Services will not infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any party, including such rights of third parties.
The Cancer Expert maintains the right to delete any information provided by you that it deems in its sole discretion fraudulent, abusive, defamatory, and obscene or in violation of a copyright, trademark or other intellectual property or ownership right of any other person.
The Cancer Expert reserves complete and sole discretion with respect to the operation of the The Cancer Expert Services and Site. The Cancer Expert may, among other things, withdraw, suspend, or discontinue any functionality or feature of The Cancer Expert Services or Site. The Cancer Expert is not responsible for transmission errors or corruption or compromise of information carried over local or interchange internet communications carriers. The Cancer Expert is not responsible for maintaining information arising from use of the Site or in respect of the Services. The Cancer Expert reserves the right to maintain, delete, or destroy all communications and information posted or uploaded to the Services in accordance with its internal record retention and/or destruction policies.
With the exception of your Electronic Records, The Cancer Expert retains all right, title, and interest in and to The Cancer Expert, the Services and any Information, products, documentation, software or other materials on the Site, and any patent, copyright, trade secret, trademark, service mark or other intellectual property or proprietary right in any of the foregoing, except for Information on the Site licensed by The Cancer Expert, and in that case, the license Educator retains all right, title and interest therein. The information available through the Site and the Services is the property of The Cancer Expert, or if licensed by The Cancer Expert, the license Educator.
You agree that you will not store, copy, modify, rent, lease, loan, sell, distribute, transfer, transmit, display, reverse engineer, reverse assemble, or otherwise attempt to discover any programming code or any source code used in or with the Services. You may not sell, assign, sublicense, grant a security interest in or otherwise attempt to transfer any right in the Services (which includes its software and documentation), create derivative works based on or in any manner commercially exploit the Services, in whole or in part. You agree that violations by you, any other person or entity, of these copyrights, trade secrets, patents, other intellectual property protections, or the terms of this Agreement will be prosecuted to the fullest extent of the Law in the courts located in New Delhi. The final choice of whether a customer is in violation of any of these policies is at the sole discretion of The Cancer Expert. Nothing contained on the Site should be construed as granting, by implication, estoppel, waiver or otherwise, any license or right to use any trademarks, service marks, or logos displayed on the Site without the written grant thereof by The Cancer Expert or the third-party owner of such trademarks, service marks, and logos. The Site may contain other proprietary notices and copyright information, the terms of which you must and agree to follow.
The Services are designed for and intended for users in countries where the content is legal. The Cancer Expert makes no representation that the information and services provided on the Site or through the Services are applicable to, appropriate for, or available outside India. Accessing the Services from territories where the content is illegal is prohibited.
Medical Disclaimers: The Cancer Expert makes no representation or warranty as to the content of any information from any of our team members. The team members are independent contractors and not employees of The Cancer Expert. The Cancer Expert does not guarantee that information provided by e-mail communication is the appropriate information for your particular healthcare problem. Furthermore, The Cancer Expert is not a substitute for your selected local healthcare provider. You agree to contact your local healthcare provider immediately should your condition change or your symptoms worsen. If you require urgent care, you should contact your local emergency services immediately.
Content Disclaimers: No information found on this Site should be relied on as professional medical advice. Nothing contained in this Site should be construed, directly or indirectly, as the practice of medicine or the provision of medical services by The Cancer Expert. The information and Services provided on or through this Site are intended solely as an aid and provide a mechanism to find and connect to our team of experts. Always seek the advice of a physician or other qualified healthcare Consultant concerning questions you have regarding and medical condition, and before starting, stopping, or modifying any treatment or medication. Never delay obtaining medical advice or disregard medical advice because of something you have or have not read on this Site. The Cancer Expert makes no warranties or representations as to the accuracy of the information provided on the Site, and assumes no responsibility for any consequences relating directly or indirectly to any action or inaction you take based upon the information and material on the Site. You assume the entire risk of loss in using the Site and information contained in the Site.
YOU ACKNOWLEDGE THAT YOUR USE OF The Cancer Expert SERVICES IS AT YOUR SOLE RISK, THAT YOU ARE NOT ENTERING INTO A DOCTOR-PATIENT RELATIONSHIP, AND THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED THEREWITH. ALL INFORMATION, PRODUCTS OR SERVICES CONTAINED ON OR PROVIDED THROUGH THIS WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW The Cancer Expert AND ITS SHAREHOLDERS, AFFILIATES, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES OR OTHER REPRESENTATIVES (COLLECTIVELY, “AFFILIATES”) HEREBY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND FREEDOM FROM COMPUTER VIRUS STRAINS. WITHOUT LIMITING THE FOREGOING, The Cancer Expert AND ITS AFFILIATES MAKE NO WARRANTY AS TO THE RELIABILITY, ACCURACY, TIMELINESS, USEFULNESS, ADEQUACY, COMPLETENESS OR SUITABILITY OF The Cancer Expert PRODUCTS AND SERVICES PROVIDED HEREUNDER. The Cancer Expert MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT: THE SATISFACTION OF GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS; OR ANY TREATMENT, ACTION OR APPLICATION OR PREPARATION OF MEDICATION BASED ON INFORMATION OFFERED OR PROVIDED THROUGH The Cancer Expert SERVICES.
The Cancer Expert does not endorse the promotions, products, or services of any third parties. The Cancer Expert does not warrant or validate the information of any third-party advertisements, promotions, communications, or other materials that may be accessed by a link to the site or otherwise. The Cancer Expert does not assume any responsibility or liability for the accuracy of information contained in this Site or any third-party web sites.
The Cancer Expert makes no warranty that the Services will meet your requirements, or that the Service(s) will be uninterrupted, timely, 100% secure, or error free, or that defects, if any, will be corrected. This includes loss of data resulting from delays, and any service interruption caused by The Cancer Expert employees. The Cancer Expert is not responsible for transmission errors or corruption or compromise of data carried over local or interchange internet communication carriers.
The Cancer Expert will take all necessary precautions to protect against failure of our equipment and software. The Customer acknowledges and agrees that temporary interruptions in service may occur, and that The Cancer Expert shall have no liability for any claim, cost, charge, loss or expense arising from or relating to use of the Services. The Customer acknowledges and agrees that data may be lost or corrupted in connection with use of the Services. The Cancer Expert may perform regular back-ups of all data stored, but shall have no liability to Customer in the event all data is lost or destroyed. Customer acknowledges and agrees that in the event restoration of data from backup is necessary, it may take several days to complete such restoration of data and resume operation of the Services.
EXCEPT AS PROHIBITED BY LAW, AND WITHOUT LIMITATION:
The Cancer Expert SHALL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF ANY OF THE TEAM EXPERTS.
YOU SHALL BE SOLELY AND FULLY RESPONSIBLE FOR ANY DAMAGE TO The Cancer Expert AND ITS SERVICES OR ANY COMPUTER SYSTEM, ANY LOSS OF DATA, OR ANY IMPROPER USE OR DISCLOSURE OF INFORMATION ON THE SERVICES CAUSED BY YOU OR ANY PERSON USING YOUR EMAIL. The Cancer Expert DOES NOT ASSUME ANY LIABILITY ARISING FROM THE FAILURE OF ANY TELECOMMUNICATIONS INFRASTRUCTURE, OR THE INTERNET OR FOR MISUSE OF ANY OF THE ADVICE, IDEAS, INFORMATION, INSTRUCTIONS, OR GUIDELINES ACCESSED THROUGH THE SERVICES.
IN NO EVENT SHALL The Cancer Expert NOR ANY OF ITS AFFILIATES BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS OF (i) THE MONTHLY OR ANNUAL SUBSCRIPTION RATE PAID UNDER YOUR PLAN, OR (ii) IN THE EVENT NO PURCHASE PRICE WAS PAID OR REQUIRED, THE LIQUIDATED SUM OF $100.00. IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL The Cancer Expert NOR ANY OF ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTIAL OR CONSEQUENTIAL DAMAGES, THAT RESULT FROM (i) PERSONAL INJURY, WRONGFUL DEATH, LOSS OF USE, LOSS OF PROFITS, INTERRUPTION OF SERVICE OR LOSS OF DATA, OR (ii) MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATON OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO The Cancer Expert RECORDS, PROGRAMS OR SERVICES, AND WHETHER IN ANY ACTION IN WARRANTY, CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE OR FUNDAMENTAL BREACH), OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR THE INABILITY TO USE, THIS SITE OR ANY SERVICE OFFERED THROUGH THIS SITE OR ANY MATERIAL OR INFORMATION CONTAINED IN, ACCESSED THROUGH, OR PRODUCTS PURCHASED ON THIS WEB SITE, EVEN IF AN AUTHORIZED REPRESENTATIVE OF The Cancer Expert IS ADVISED OF THE LIKELIHOOD OR POSSIBILITY OF THE SAME. TO THE EXTENT CERTAIN JURISDICTIONS RESTRICT ANY OF THE ABOVE LIMITATIONS OF LIABILITY; SUCH LIMITATIONS SHALL NOT APPLY IN SUCH JURISDICTIONS TO THE EXTENT OF SUCH RESTRICTIONS. YOU ACKNOWLEDGE AND AGREE THAT The Cancer Expert’s AGGREGATE LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, FEES, CHARGES, EXPENSES OR LIABILITIES, AND IN CIRCUMSTANCES WHERE THE FOREGOING LIMITATION IS FINALLY DETERMINED TO BE UNAVAILABLE SHALL NOT EXCEED THE SUBSCRIPTION PRICE PAID BY YOU, OR ON YOUR BEHALF, DURING THE 12 MONTHS, PRIOR TO THE FIRST OCCURRENCE OF THE SUBJECT DAMAGES, LOSSES, FEES, CHARGES, EXPENSES OR LIABILITIES.
YOU AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS THAT LIMIT THE EFFICACY OF SUCH INDEMNIFICATIONS OR RELEASES.
The Indemnification and Disclaimers provisions set forth above are for the benefit of The Cancer Expert, and its Affiliates. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
If your employer or your employer’s third party benefits administrator has arranged with The Cancer Expert to pay for fees
associated with your access to these Services, then (i) The Cancer Expert will not require you to provide credit card
information, and (ii) upon termination of your employment you will no longer have access to the Services.
The calendar as seen on the Site is based on Indian Standard time (IST). If a customer is outside of the (IST) time zone it is that Customer’s responsibility, at the time of scheduling a counseling session and at the time of attendance of their session, to accommodate for this difference. The Cancer Expert will not refund or reschedule appointments based on an error by the Customer based on this issue.
Notwithstanding anything herein to the contrary, The Cancer Expert shall not be liable for any losses arising out of the delay or interruption of its performances of any obligations due to any act of God, act of governmental authority, act of public enemy, war, severe weather conditions, or any other cause beyond its control.
This agreement shall be governed by and construed in accordance with the substantive laws of India, which shall be the proper law of the Contract.
Any dispute or difference of any kind between the Parties in connection with or arising out of this agreement or the breach, termination or validity hereof (a Dispute) shall be settled amicably by the Parties. Should an agreement not be reached within 30 (thirty) days from the notice of the dispute, the Parties shall refer the dispute, controversy and/ or claim to be finally settled by Arbitration exclusively in accordance with the prevalent rules and regulations of Delhi International Arbitration Centre (“DAC”). The arbitration shall be held in New Delhi and the arbitration proceedings shall be conducted exclusively in English language. The seat of arbitration shall be at New Delhi.
The arbitration will be conducted by a Sole Arbitrator. The decision of the Sole Arbitrator shall be final and binding upon the Parties.
Each Party shall be entitled to seek necessary and appropriate injunctive relief to maintain the status quo depending on the outcome of the arbitration or any other temporary measures from the courts of competent jurisdiction to enjoin the other Party from taking certain actions which may infringe on the rights of the Party bringing such claim, provided that any proceedings and decisions as to the merits of the dispute, including permanent injunctions, are exclusively governed and resolved by arbitration in accordance as mentioned above.
The Cancer Expert has a strict zero tolerance for unsolicited bulk email, unsolicited posting to news groups or other illegal activities. You shall not use or permit any your employees, agents or affiliates to: market, promote or solicit The Cancer Expert products in ways that violate the laws of India. You shall not, infringe the rights of others, shall not distribute chain letters or unsolicited bulk electronic mail (“spamming”); propagate computer worms or viruses; use a false identity; attempt to gain unauthorized entry to any site or network; infringe copyrights, trademarks, or other intellectual property rights. You further agree to comply with Indian laws concerning the transmission of technical data and other regulated materials via the Worldwide Web. You agree to indemnify and hold The Cancer Expert and its Affiliates harmless for any and all acts found or suspected to be in violation hereof. You shall indemnify and hold The Cancer Expert and its Affiliates harmless against and from losses, damages, costs, and reasonable attorneys’ fees, if any, incurred in defending and/or resolving any suits brought against The Cancer Expert or any of its Affiliates, by anyone arising out of an alleged violation of any anti-spamming rules, regulations, laws, statutes, and the like. Your account will be terminated for any of the above infractions.
The Cancer Expert may provide notice by e-mail to the e-mail address you provided, by a general notice on The Cancer Expert Web site, or by written communication delivered by express courier to your address on record in The Cancer Expert. You may give notice to The Cancer Expert at any time via electronic mail to email@example.com.
The Cancer Expert welcomes comments, suggestions and submissions by its Customers. Any comments, suggestions and submissions made by Customers, including but not limited to, messages, notes, feedback, artwork, communications, computer code or creative materials provided to The Cancer Expert shall become the exclusive property of The Cancer Expert. At the time the comment, suggestion, and/or submission is made it shall act as a full assignment to The Cancer Expert of all rights whatsoever (copyright, patentability, and intellectual property). The Cancer Expert shall have the right to use said comment, suggestion, and/or submission as its own for all legal purposes including but not limited to reproduction, disclosure, publishing, distribution and the like without any compensation to Customer. Please submit comments and suggestions to Customer Service at the email provided in the Notice Section above.