DISCLAIMER

OBJECTIVE

Swasthya Swara is voice portal that enables the indigeneous traditional healers, as defined by various laws in India, to share their indigenoues knowledge to the larger public It aims to address the rural community health issues and at the same time help in protection and distribution of ancient knowledge the Vaids and other traditional practioners possess and are given the relevant sanctions as per the relevant laws in India which enables the keepers of this traditional knowledge to bring forth their content for discussion and sharing with the larger public.

Swasthya Swara the network that is engaged in archival and discussion on the knowledge of the indigeneous traditional healers. All content on Swasthya Swara is open for inspection, verification proof and genuinity by anyone. Swasthya holds no rights over the content of the material or one the software technology that goes in making such a facility.

PARTIES TO THE CONTRACT.

Swasthya Swara, refers to the initiative supported by The CgNet and individuals who has formed a editorial committee for releasing the content. This editorial committee is not a permanent editorial committee and, as and when the initiative requires, can be changed again by CgNet

The Contract is between Swasthya Swara, which is explained above, and the following groups of people who would be using the platform for generating content and discussion cum archival of the same:

Registered Natural Healers: Registered Natural Healers are those persons who are have undergone any registration process as per the Indian Medicine Central Council Act, 1970, Indian Medical Council Act, 1956, all the other relevant state legislation’s which corresponds to these above mentioned acts  the Biodiversity Act, 2002 and any other law that is at the time of agreement is in force in India

Unregistered traditional healers: Unregistered Traditional healers, such as vaids and hakims, are those persons who are not registered as a medical practitioners, as per the relevant laws in India, but are holders of some traditional knowledge which is also acquired by a traditional means, whether orally or otherwise, and who come under the purview of Article 11, Article 24, Article 31 of United Nations Declaration of the Rights of Indigenous Peoples and the relevant articles in Constitution of India.

A User, is a person who has consented to this contract as per the Indian Contract Act, 1872 and who is also competent to give such consent under the same law. A user is also that persons who is deemed to have agreed with any part and whole of this contract as given below.

It is to be noted that in this platform ie, the website and the voice portal, Registered Natural Healers, Unregistered Natural Healers, User, you, all these terms would include the end-user accessing the platform, its content and using the facilities provided in the platform. The platform facilitator of Swasthya Swara shall include the team of moderators and the CgNet and “we”, “our”, “us” shall mean the same.

TERMS OF USE

It is also to be noted that, since Swasthya Swara is under experimental stage, and as per the law in India, it is mandatory that persons using this service confirm to the Terms of Use given below:-

Contract to maintain liability on the part of the user for the purposes of using the services of Swasthya Swara.

No Indian Medicine, as per Indian Medicine Central Council Ac, 1970 or any other law which is enforced at the time of the agreement of this contract, is being solicited in this website and through the phone they are purely for information and discussion purpose. Swasthya Swara has no liability for persons who are not registered under Indian Medicine Act, 1970. If any person is found guilty as per section 24 of the Indian Medicine Central Council Act, 1970 or stands in violation Indian Medical Council Act, 1956 or section 7 of NBA, or other state laws and relevant judgments and notifications, or any other law which is enforced at the time of the agreement, then such violations are deemed to be on the part of the other parties and not of Swasthya Swara.

Consequently registered practitioners of Indian Medicine and Naturopathy can use this platform to develop the knowledge base of the natural medicine and medicinal plants properties and they can avail the privileged, to which they are entitled to, as per the laws in India.

A user, or a Unregistered Medical Practitioner should give his consent to sharing and generating content for the objectives of standardization of Knowledge, cataloging and digitization of such knowledge which are out of the realm of textual reference and such knowledge is also open for inspection verification and medical examination as deemed to be fit by Registered practitioners, doctors or the Department of AYUSH or any other person fit for such research.

Swasthya swara takes no liability under drugs and cosmetics act as they are not engaged in manufacture or sale of any drug under Schedule I of the Act, or any other provisions of the Act. Furthermore remedies, Swasthya Swara takes no responsibility if the remedies are found to be contrary to Schedule I of the Act or any other provisions of the Act.
Section 7 of the Biodiversity Act, 2002, exempts the hakims and vaids and other traditional healers from taking permissions from National Biodiversity Authority for the purposes given the Biodiversity Act, 2002. Any other persons who is not exempted must take appropriate permissions from the National Biodiversity Authority for use of the content of the platform or any research thereof.

The users should not also engage in any bio-piracy or make any patents without confirming to the relevant laws that are enforced at the time of agreement of this contract. Since the knowledge that is being dealt by Swasthya Swara is traditional indigenous knowledge which were practiced by a community, thus the archival of this knowledge is also an attempt to prevent bio-piracy as public knowledge of bio-utilization is being brought out in this platform.This Website is controlled, operated and administered within India. We do not make any representation that materials on this Website are appropriate or available for use at other locations outside India and access to them from territories where their contents are illegal is prohibited. You may not use this Website in violation of Indian laws. If you access this Website from locations outside India, you are responsible for compliance with all local laws. These Terms shall be governed by the laws of India, without giving effect to its conflict of laws provisions. You agree that the courts at Bangalore shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with your use of this Website and these Terms.

Swasthya Swara has no liability regarding the content if the content is attracted by  66A of the Information Technology Act, 2000.

Terms are published in compliance with Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 notified by the Central Government in the Gazette of India Extraordinary vide Notification GSR 314(E) on 11 April 2011 (“Intermediaries Rules”). These Terms constitute an electronic record for the purposes of the Information Technology Act, 2000 (“IT Act”).

You agree that you will not host, display, upload, modify, publish, transmit, update or share any information that:
belongs to another person and to which you do not have any right to;
is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libelous, invasive of another’s privacy, hateful, racially or ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
harms minors in any way;
infringes any patent, trademark, copyright or other proprietary rights;
violates any law for the time being in force;
deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
impersonates another person;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or,
threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting to any other nation.
You agree that in the event of any non-compliance with these Terms, we have the right to immediately terminate your access or usage rights to this Website and our services and/or remove any information that is, or is deemed by us to be, non-compliant.

Since the content that is being generated are taken from the registered and Unregistered healers of naturopathy and Indian medicine as defined by the relevant domestic and International law, regarding remedies and medicinal utitily of certain plants, either in whole or any part there of,  Swasthya Swara has no liability for damages caused by any information to any person, A user who would be using the information for any purpose must consult a nearby registered physician regarding the use of the remedies.
It is also deemed that a confirmation of any part of this contract would imply  upon the user’s sole discretion regarding the use of such remedies.
Your use of this platform is at your sole risk. The archive of traditional knowledge is made on an “as is” basis.  We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose and any warranties that materials on this Website are non-infringing, as well as warranties implied from a course of performance or course of dealing.

We reserve the right to restrict or terminate your access to this platform and any facility or part thereof at any time.;
We reserve the right to access to this Website in an uninterrupted or error-free manner;
We reserve the right that this platform will be secure and shall have enough professional capacity to answer the health related questions, or any matter, not related to the archival of this knowledge, that comes in the platform ;
We reserve the right that the site or the server that makes this Website available will be virus-free; or that information on this Website will be complete, accurate or timely. If you download any materials from this Website, you do so at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such materials.
No advice or information, whether oral or written, obtained by you from us shall create any warranty of any kind. We do not make any warranties or representations regarding the use of the materials on this Website in terms of their completeness, correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.

DISCLAIMER
The website and the server are intended to be archives of their knowledge as per International law and relevant Indian law. Swasthya Swara do not promote any quacks under the laws prevailing in India. The information available on swasthya swara are provided by local public who records on the server these information are provided for larger public discussion and restoration of naturopathical knowledge in public domain
It is is to be deemed that confirmation to any part of the contract would be deemed as confirmation to the whole of the contract or rejection of the whole as the User, Registered Natural Healer or Unregistered Traditional Healer deems fit.
Such confirmation can be expressed by the manner provided in the use of the ivr system or the website.
It is to be noted that Swasthya Swara has no intent to fraud the public but it is an attempt to bring out the voices of the Natural Healers and Traditional Healers to a larger public. Swasthya Swara is trying technology for their better use but thereby the server moderators does not take responsibility of any content of the vaids, hakims whatsoever, The persons generating content in the platform would be responsible for the complaint and Swasthya Swara thereby relieves itself from responsibility of the content. In case any content is objectionable it can be intimidated to Swasthya Swara accordingly in the manner provided below:
ADDRESS OF THE BLOG AND THE PHONE NUMBER WHICH COULD BE CONTACTED FOR FURTHER INQUIRY.
FAIR USE OF THE WEBSITE

Swasthya Swara is not responsible for the vaids who are violating the terms of use of this contract or who are violating any law which are enforced at the time when the contract is being made between the parties, as mentioned above.

Swasthya Swara is still in experimental stage and thereby at any point of time the services could be terminated by the moderators and the technical team of the CgNet. Furthermore if any part of the contract is not being fulfilled by the Swasthya Swara the relevant parties should intimidate Swasthya Swara regarding that matter.

We are not responsible if information made available on this Website is not 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, more complete or timelier sources of information. Any reliance on the material on this Website is at your own risk. This Website may contain information that has typographical errors or inaccuracies. This Website may contain certain historical information. Historical information is provided for your reference only. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on this Website. You agree that it is your responsibility to monitor changes to this Website. Your use of this Website constitutes agreement to all such changes. We may discontinue or change any product or service described or offered on this Website at any time.

Share This:

Leave a Reply

Your email address will not be published. Required fields are marked *