Terms of Use
Please read these terms of use carefully by accessing or using this internet-based platform, you agree to be bound by the terms described herein and all terms incorporated by reference. If you do not agree to all of these terms, do not use this internet based platform.
- Your access or use of the Website, transaction on the Website and use of Services (as defined herein below) hosted or managed remotely through the Website, are governed by the following terms and conditions (hereinafter referred to as the Terms of Use”), including the applicable policies which are incorporated herein by way of reference. These Terms of Use constitutes a legal and binding contract between you (hereinafter referred to as “You” or “Your” or the “User”) on one part and Cuckudoo on the other Part.
- By accessing, browsing or in any way transacting on the Website, or availing any Services, You signify Your agreement to be bound by these Terms of Use. Further, by impliedly or expressly accepting these Terms of Use, you also accept and agree to be bound by Our policies, including the Privacy Policy (as set out in Part B herein below), and such other rules, guidelines, policies, terms and conditions as are relevant under the applicable law(s) in India and other jurisdictions for the purposes of accessing, browsing or transacting on the Website, or availing any of the Services, and such rules, guidelines, policies, terms and conditions shall be deemed to be incorporated into, and considered as part and parcel of these Terms of Use. However, if You navigate away from the Website to a third party website, You may be subject to alternative terms and conditions of use and privacy policy, as may be specified on such website. In such event, the terms and conditions of use and privacy policy applicable to that website will govern Your use of that website.
- Cuckudoo Team reserves the right to change or modify these Terms of Use or any policy or guideline of the Website including the Privacy Policy, at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions on the Website and You waive any right You may have to receive specific notice of such changes or modifications, provided however that, we will inform You of such changes at least once a year. Your continued use of the Website will confirm Your acceptance of such changes or modifications; therefore, You should frequently review these Terms of Use and applicable policies to understand the terms and conditions that apply to Your use of the Website.
- As a condition to Your use of the Website, You must be 12 (eighteen) years of age or older to use or visit the Website in any manner. By visiting the Website or accepting these Terms of Use, You represent and warrant to Cuckudoo that You are 12 (twelve) years of age or older, and that You have the right, authority and capacity to use the Website and agree to and abide by these Terms of Use.
Advertising Guidelines for the Website –
- As part of the Services provided by Us; We facilitate and allow Third Party Advertisers to place advertisements on the Website. Accordingly, there are guidelines (as listed herein below) which the Third Party Advertisers have to follow for placing such advertisements (the “Advertising Policy”).
- For the Users: Cuckudoo clearly distinguishes between the editorial content and content that is created or provided by one of Our Third Party Advertisers. The advertisements will be labeled as “sponsored”, “from our Advertisers” or “advertisement”. This content will not be reviewed by Our in-house editorial staff and shall not be subject to Our editorial policy (as set out herein below) but shall be subject to the Advertising Policy, these Terms of Use (except the editorial policy) and the Privacy Policy.
- For the Third Party Advertisers: The Third Party Advertisers must be honest about the products or services their advertisements promote; the advertisement shall not create unrealistic expectation and must not be misleading or offending; must be responsible and of the highest standards and without compromising the consumer protection. The Advertising Policy applies to all the advertisements, listed or sought to be listed, on the Website.
- General Rules: All the advertisements must comply with the Advertising Policy, the terms of these Terms of Use (except the editorial policy) and the Privacy Policy. Cuckudoo may, at any time and without having to serve any prior notice to the Third Party Advertisers, (i) upgrade, update, change, modify, or improve the Website or a part thereof in a manner it may deem fit, and (ii) change the content of the Advertising Policy and/ or these Terms of Use and/ or the Privacy Policy. It is the responsibility of the Third Party Advertisers, in such cases, to review the terms of the Advertising Policy and/ or these Terms of Use and/ or the Privacy Policy, from time to time. Such change shall be made applicable when they are posted. Cuckudoo may also alter or remove any content from the Website without notice and without liability. The Third Party Advertisers are also responsible for ensuring that their advertisements comply with all applicable law(s) in India and any other jurisdiction that such Third Party Advertiser(s) are based out of, industry codes, rules and regulations in each geographic area where the advertisements will run. All disclosures in the advertisements must be clear and conspicuous.
- Review: All the advertisements are subject to the review and approval of Cuckudoo. Cuckudoo reserves the right to reject or remove any advertisement in its sole discretion for any reason. Further, Cuckudoo also reserves the right to request modifications to any advertisement, and to require factual substantiation for any claim made in an advertisement.
- Prohibited Content: The advertisements must not infringe the intellectual property, privacy, publicity, copyright, or other legal rights of any person or entity. The advertisements must not be false, misleading, fraudulent, defamatory, or deceptive. The following advertisement content is prohibited:
- content that demeans, degrades, or shows hate toward a particular race, gender, culture, country, belief, or toward any member of a protected class;
- content depicting nudity, sexual behaviour, or obscene gestures;
- content depicting drug use;
- content depicting excessive violence, including the harming of animals;
- shocking, sensational, or disrespectful content;
- deceptive, false or misleading content, including deceptive claims, offers, or business practices;
- content that directs users to phishing links, malware, or similarly harmful codes or sites; and
- content that deceives the Users into providing personal information without their knowledge, under false pretences, or to companies that resell, trade, or otherwise misuse that personal information; and
- content that violates any law for the time being in force.
- Prohibited Advertisements: Advertisements for the following products and services are prohibited:
- adult products and services (other than contraceptives; see below);
- cigarettes (including e-cigarettes), cigars, smokeless tobacco, and other tobacco products;
- products or services that bypass copyright protection, such as software or cable signal descramblers;
- products or services principally dedicated to selling counterfeit goods or engaging in copyright piracy;
- get-rich-quick or pyramid schemes or offers or any other deceptive or fraudulent offers;
- illegal or recreational drugs or drug paraphernalia;
- counterfeit, fake or bootleg products, or replicas or imitations of designer products;
- firearms, weapons, ammunition, or accessories;
- advertisements that promote particular securities or that provide or allege to provide insider tips;
- any illegal conduct, product, or enterprise;
- unapproved pharmaceuticals and supplements;
- prescription drugs;
- products that have been subject to any government or regulatory action or warning;
- products with names that are confusingly similar to an unapproved pharmaceutical or supplement or controlled substance; and
- material that directly advertises products to or is intended to attract children under the age of 13.
- Prohibited Advertisements under the Drugs and Magic Act:
- subject to the provisions of the Drugs and Magic Act, no person shall take any part in the publication of any advertisement referring to any drug which suggest or are calculated to lead to the use of that drug for –
- the procurement of miscarriage in women or prevention of conception in women; or
- the maintenance or improvement of the capacity of human beings for sexual pleasure; or
- the correction of menstrual disorder in women; or
- the diagnosis, cure, mitigation, treatment or prevention of any disease, disorder or condition specified in the schedule of the Drugs and Magic Act, or any other disease, disorder or condition (by whatsoever name called) which may be specified in the rules made under the Drugs and Magic Act; or provided that no such rule shall be made except, – (i) in respect of any disease, disorder or condition which requires timely treatment in consultation with a doctor or for which there are normally no accepted remedies; or
- prohibition of misleading advertisements relating to drugs;
- subject to the provisions of the Drugs and Magic Act, no person shall take any part in the publication of any advertisement relating to a drug if the advertisement contains any matters which:
- directly or indirectly gives a false impression regarding the true character of the drug; or
- makes a false claim for the drug; or
- is otherwise false or misleading in any material particular.
- It is hereby clarified that that the Third Party Advertisers will comply with all the provisions of the Drugs and Magic Act and the rules made thereunder. Further, it is agreed that the Third Party Advertisers shall be solely responsible for any penalty or any action taken by the governmental authorities for non-compliance with the Drugs and Magic Act and the rules made thereunder.
- subject to the provisions of the Drugs and Magic Act, no person shall take any part in the publication of any advertisement referring to any drug which suggest or are calculated to lead to the use of that drug for –
- Editorial Policy for the Website –
- As part of the Services, Cuckudoo provides blog Content on the Website targeted at general public for informational purposes only and does not constitute professional medical advice, diagnosis, treatment or recommendations of any kind. Cuckudoo Content is subject to the following rules/ information:
- Cuckudoo Content is original and is relevant to the general public;
- topics for Cuckudoo Content are selected by Our board of qualified experts consisting of certified medical experts, pharmacist and medical professionals;
- topics for Cuckudoo Content are chosen on the basis of current health news, drug alerts, new drug launches, latest medical findings published in peer-reviewed medical journals, such as ‘The Journal of the American Medical Association’, ‘The New England Journal of Medicine’, ‘The Lancet’, ‘Pediatrics’, ‘Diabetes Care’, and many others;
- editorial board (as mentioned below) takes into account the latest trending health and wellness topics like dengue, swine flu, seasonal allergies, new vaccines, public awareness trends like breast cancer awareness month,” and ‘Healthy Heart Month’; as well as emerging health and nutrition trends like health benefits quinoa, use of BGR 34 for managing diabetes, alternative medicine like ayurveda, homeopathy and much more;
- Cuckudoo maintains principles of fairness, accuracy, objectivity, and responsible, independent reporting;
- the member of Cuckudoo has to fully disclose any potential conflict of interest with any of the Third Party Service Providers;
- As part of the Services, Cuckudoo provides blog Content on the Website targeted at general public for informational purposes only and does not constitute professional medical advice, diagnosis, treatment or recommendations of any kind. Cuckudoo Content is subject to the following rules/ information:
OTHER TERMS
Your Profile, Collection, Use, Storage and Transfer of Personal Information:
- Your Cuckudoo profile is created to store record for newsletter.
- Any information provided as part of a web Consultation or obtained from use of the Services by You becomes part of Your Cuckudoo record. You agree to provide accurate information to help Us serve You best to Our knowledge, to periodically review such information and to update such information as and when necessary. Cuckudoo reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the Website according to its internal record retention and/or destruction policies. You might be contacted via email to review the information provided by You for Cuckudoo’s record or for the Services. Please make sure You provide a valid email-id and You update it as and when needed.
- For additional information regarding use of information about You, please refer to the Privacy Policy.
- The terms “personal information” and “sensitive personal data or information” are defined under the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and are reproduced in the Privacy Policy.
- The Privacy Policy sets out:
- the type of information collected from Users, including sensitive personal data or information;
- the purpose, means and modes of usage of such information; and
- how and to whom Cuckudoo will disclose such information.
- The Users are expected to read and understand the Privacy Policy, so as to ensure that he or she has the knowledge of:
- the fact that the information is being collected;
- the purpose for which the information is being collected;
- the intended recipients of the information;
- the name and address of the agency that is collecting the information and the agency that will retain the information; and
- the various rights available to such Users in respect of such information.
- The Privacy Policy sets out:
Modification of Website
Cuckudoo reserves the right to modify or discontinue, temporarily or permanently, the Website or any features or portions thereof without prior notice. Other Parties agree that Cuckudoo will not be liable for any modification, suspension or discontinuance of the Website or any other part thereof.
Intellectual property rights
All the intellectual property used on the Website except those which have been identified as the intellectual properties of the Other Parties shall remain the exclusive property of the Company. The Other Parties agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any materials or enforce limitations on use of the Website or the materials therein. The materials on the Website or otherwise may not be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means.
Contact Information
If any Other Party(s) has any grievance, comment, question or suggestion regarding any of our Services, please contact our customer service at info@cuckudoo.com . If any Other Party(s) has any questions concerning Cuckudoo, the Website, these Terms of Use, or anything related to any of the foregoing, Cuckudoo can be reached at the following email address – info@cuckudoo.com or via the contact information available on website.