TERMS OF USE

FOR

HEALTHY PASSENGER

Last Updated: 18 March 2019
This document is an electronic record in terms of Information Technology Act, 2000 and rules made there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.healthypassenger.com.

The domain name ‘www.healthypassenger.com’ (hereinafter referred to as “Website”/”Healthy Passenger”) is owned and operated by Digisprints Pvt. Ltd., a company incorporated under the Companies Act, 2013 hereinafter also referred to as the “Company”.

The Company offers this Website, including all information, tools and services available from this Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
ACCESSING, BROWSING OR OTHERWISE USING THE WEBSITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. IF YOU DO NOT AGREE TO OR WISH TO BE BOUND BY THE AGREEMENT, YOU MAY NOT ACCESS TO OR OTHERWISE USE THE WEBSITE.

TERMS OF USE OF THE WEBSITE

Healthy Passenger publishes original articles about the health, travel, and useful beauty tips. All article content published on the Website is the original intellectual property of the Company unless otherwise indicated through express declaration by the Company.
Do note that these terms and conditions are subject to review and change at the discretion of the Company and as per applicable law from time to time. You are advised to regularly revisit this page in order to stay up to date on all such changes which shall continue to be binding upon you along with its modifications.

You are not permitted to use any computer program tools, including, but not limited to, web spiders, bots, indexers, robots, crawlers, harvesters, or any other automatic device, program or algorithm or any similar equivalent process to access, acquire, copy or monitor any portion of the Website or content, or in any way reproduce or to deliberately circumvent the navigational structure or alter the presentation of the Website or any content, to obtain or attempt to obtain materials, documents or information through any means not purposely made available through the Website.
You are not allowed to commercially exploit this Website without the Company’s express permission for the same. All rights not expressly granted herein are reserved by the Company.
You are prohibited from using this Website or its content: (a) for unlawful purposes; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any applicable laws or regulations whether national/state/international; (d) to infringe upon or violate any party’s intellectual property rights; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate any person based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit malicious programs/viruses or any other type of similar code that may be used to affect the functionality or operation of the Website/clandestinely track individual persons or organisations; (h) for any obscene or immoral purpose; or (i) to interfere with or circumvent the security features of any Website or the internet.

The Company reserves the right to report any of the above actions in the event of any user violating conditions on any of the prohibited uses.

Disclaimer of Warranties and Liability

8.1 The Company does not represent that the Website or any feature of the Website will be error-free or uninterrupted, or that any defects will be corrected, or that your use of this Website will provide specific results. This Website and its content are provided on an “as is” basis without representations or warranties of any kind, either expressed or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement or accuracy.

8.2 The Company assumes no responsibility and shall not be liable for any damages caused by viruses or other forms of destructive malware/code that may affect your computer equipment, software, data or other property on account of your access to, use of or browsing the Website or your downloading of any materials, text, images, video or audio from the Website. The Company shall not be responsible if information made available on this Website is not true, accurate, complete or current. The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, complete or timely sources of information. Nothing herein constitutes or is meant to constitute, advice of any kind and any understanding to the contrary shall be to your own risk.

8.3 You are notified that the contents of this Website may entail historical information of the topics being discussed/published. Such information may not be current is provided for your reference purposes only. The Company reserves the right but not the obligation to modify the contents of this Website at any time. You agree that it is your responsibility to check for such changes to the Website if they may be available.

8.4 In no event shall the Company, its parents, affiliates, subsidiaries ,service providers, licensors, or the officers, directors, employees, shareholders, interns, suppliers or agents of each of them, be liable for any injury, loss, claim, damages of any kind, including without limitation any direct, special, incidental, indirect, exemplary, punitive or consequential damages, including lost profits, lost revenue, savings, loss of data, replacement costs, or any similar damages, whether or not advised of the possibility of such damages and on theory of liability what so ever, arising out of or in connection with the use or performance of, or your browsing this Website or being directed to other websites through third party links on this Website.

Although at Healthy Passenger we will do our best to provide constant, uninterrupted access to our material/published content, we do not warrant that the Website shall function at all times due to the possible presence of technical glitches/maintenance issues from time to time.

In the event, you, the user is below the age of majority ie. below eighteen years of age (minors), you are required to gain express permission from your parent/guardian as the case may be before you subscribe to any of the content on the Website and or participate on any discussion forum on the Website. Importantly, do not disclose your/your parent’s/guardian’s personal information/identity/email ID/contact information on the Website under any circumstances

Copyright Policy of Healthy Passenger

All copyright and intellectual property rights in all content published on Healthy Passenger (including but not limited to text, audio, video or graphical images), belong exclusively to Healthy Passenger. You are not permitted to use/modify/copy/reproduce/claim credit over any content published on Healthy Passenger except with the express written permission of Company in this regard. We also make it clear that a breach by you of this stipulation of these terms of use of the Website would result in violation of the Company’s copyright and other proprietary rights by you and shall render you liable for civil, criminal or other legal proceedings.

The Company makes no representations or guarantees about the suitability for third-party use of content that appears on the Website, and licenses herewith only the content of which the Company is the copyright holder. The above-mentioned policy applies to Healthy Passenger’s RSS Feed too and any other medium through which Healthy Passenger publishes content.

At Healthy Passenger, we recognise that privacy of your personal information is important. By virtue of accepting these Terms of Use, you consent to the use of your personal information, if any provided by you, by Healthy Passenger in accordance with the terms of and for the purposes set forth under this Privacy Policy. Here is information on what types of personal information the Company receives and collects when you use and visit Healthy Passenger and how we at the Company safeguard your information. We never sell your personal information to third parties.

12.1 Log Files

As with most other websites, we collect and use the data contained in log files. The information in the log files include your IP (internet protocol) address, your ISP (internet service provider, such as AOL or Shaw Cable), the browser you used to visit our site (such as Internet Explorer or Firefox), the time you visited Healthy Passenger and which pages you visited throughout the Website.

12.2 Cookies and Web Beacons

Healthy Passenger uses cookies to store information, such as your personal preferences when you visit the Website. This could include only showing you a popup once in your visit, or the ability to login to some of our features, such as forums.

12.3 Third Party Advertisements: Healthy Passenger also uses third party advertisements to support itself. Some of these advertisers may use technology such as cookies and web beacons when they advertise on the Website, which will also send these advertisers (such as Google through the Google AdSense program) information including your IP address, your ISP, the browser you used to visit our site, and in some cases, whether you have Flash installed. This is generally used for geo-targeting purposes (showing New York real estate ads to someone in New York, for example) or showing certain ads based on specific sites visited (such as showing cooking ads to someone who frequents cooking sites). To learn more about this behavioural advertising practice or to opt-out of this type of advertising, you can visit networkadvertising.org.
It is further clarified that advertisers are solely responsible for the content of advertising material, on the Website, including ensuring that it complies with relevant legislation. The Company accepts no responsibility for the content of advertising material, including, without limitation, any error, omission or inaccuracy therein.

12.4 No license to third party intellectual property: There may be a number of proprietary logos, service marks, brand names, trade names and trademarks found on Healthy Passenger whether owned/used by third parties or otherwise. By displaying them on this Website, the Company does not grant you any license to utilize those proprietary logos, service marks, or trademarks. Any unauthorised use of such content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.
Except as otherwise indicated on this Website and except for the logos, trademarks, service marks, brand names and trade names of other companies that are displayed on this Website, all trademarks, logos, brand name, copyright, service marks and trade name associated with our Company are the sole and exclusive property of the Company.

12.5 DoubleClick DART cookies

At Healthy Passenger, we also may use DART cookies for ad serving through Google’s DoubleClick, which places a cookie on your computer when you are browsing the web and visit a site using DoubleClick advertising (including some Google AdSense advertisements). This cookie is used to serve ads specific to you and your interests (”interest based targeting”). The ads served will be targeted based on your previous browsing history (For example, if you have been viewing sites about visiting Las Vegas, you may see Las Vegas hotel advertisements when viewing a non-related site, such as on a site about hockey). DART uses “non-personally identifiable information”. It does NOT track personal information about you, such as your name, email address, physical address, telephone number, social security numbers, bank account numbers or credit card numbers. You can opt-out of this ad serving on all sites using this advertising by visiting http://www.doubleclick.com/privacy/dart_adserving.aspx

You can choose to disable or selectively turn off our cookies or third-party cookies in your browser settings, or by managing preferences in programs such as Norton Internet Security. However, this can affect how you are able to interact with our site as well as other websites. This could include the inability to login to services or programs, such as logging into forums or accounts.
Deleting cookies does not mean you are permanently opted out of any advertising program. Unless you have settings that disallow cookies, the next time you visit a site running the advertisements, a new cookie will be added.

Newsletter Subscription: You may choose to subscribe to Healthy Passenger’s newsletters and have it delivered to your personal email IDs. In order to subscribe to these newsletters, you may be required to provide Healthy Passenger with your personal information such as name, email ID, for instance in order to begin the subscription. However, you may at any point in time choose to withdraw from such subscription by way of clicking on the option so provided in the newsletter delivered to your email ID and no further correspondence would take place on the subject matter between Healthy Passenger and you.

Healthy Passenger allows its readers/subscribers/visitors to update/modify/delete their personal information and requests for the same shall be responded to by Healthy Passenger in a timely manner to the best of Healthy Passenger’s ability. Such requests may please be sent to the following email address: support@healthypassenger.com

Possibility of merging or acquisition: The users/visitors of Healthy Passenger are informed that Healthy Passenger would be required to transfer to an acquiring/resultant entity, as the case may be, any information collected on user behaviour/personal information of users (if provided by users), if Healthy Passenger is acquired/merged with another company.

Comment policy

In order to make comments on Healthy Passenger useful and interesting, the following guidelines have been established for comment users:

Do not post threatening, harassing, defamatory, or libellous material.

Do not intentionally make false or misleading statements.

Do not offer to sell or buy any product or service.

Do not post material that infringes copyright.

Do not post information that you know to be confidential or sensitive or otherwise in breach of the law.

Keep all comments relevant to the article on the Website where the comment is being posted.
Healthy Passenger will not accept responsibility for information posted in the comments. Healthy Passenger also reserves the right to delete any comment if it finds it to be inappropriate or if it is not following the comment policy.

Governing Law

These terms in their entirety shall be governed by and interpreted in accordance with the laws of India including but not limited to the Information Technology Act, 2000 and all its relevant rules, regulations, directions, orders and notifications. The place of jurisdiction for any disputes that may arise under these terms shall be in New Delhi.

Arbitration

The Company may elect to resolve any dispute, controversy or claim arising out of or relating to these Terms of Use by binding arbitration in accordance with the provisions of the Arbitration & Conciliation Act, 1996. Any such dispute, controversy or claim shall be referred to and decided by a sole arbitrator appointed and nominated by the Company and such arbitration and its award shall be binding upon you. The arbitration shall be conducted in New Delhi, India and judgment on the arbitration award shall be final and binding on the parties. The language of Arbitration shall be English.

Indemnification

You agree to indemnify, defend and hold harmless the Company and its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, artists, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Use or terms they incorporate by reference or your violation of any law or the rights of a third-party while using the Website.

Severability

In the event any provision of these Terms of Use, is determined to be unlawful, void, prohibited or unenforceable in any jurisdiction, such provisions shall be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions of these Terms of Use or affecting the validity or enforceability of such provisions in the same or any other jurisdiction.

Termination

At its sole discretion, the Company may modify or discontinue the Website, or may modify or terminate your account/your access to this Website, for any reason, with or without notice to you and without liability to you or any third party.

Contacting Us

To contact us with any questions or concerns in connection with this Agreement or the Site, please write to us at support@healthypassenger.com

Last updated on 18th March, 2018