These terms of Use are a contract between you and the Central Council for Research in Homoeopathy (CCRH). By using the Homoeopathic Clinical Case Repository (HCCR) and any products or services accessible from the HCCR websites you agree to be bound by the following terms and conditions. If you do not agree to these Terms of Use, do not visit or use the HCCR website. The Central Council for Research in Homoeopathy (CCRH) terms and conditions of use of HCCR website and confidentiality policy is in consonance with guidelines for Indian government websites, BMJ policy, COPE guidelines, biomed central, dovepress terms and conditions and PLOS terms of use.

 

1. Introduction

1.1 These terms and conditions (Terms) set out the basis on which you may browse and use (i) our website, Homoeopathic Clinical Case Repository (HCCR) available at https://hccr.ccrhindia.in/en/; (ii) any services offered through it; and (iii) any case report (which includes each case report’s text, photographic evidence, investigation reports, case summary and data) published by Central Council for Research in Homoeopathy(CCRH) and made available via the Site and/or via other third party websites authorized by CCRH, as applicable.

1.2 The Site is owned and operated by CCRH, an autonomous apex research organization under Ministry of AYUSH, Government of India with registered address at Jawahar Lal Nehru Bhartiya ChikitsaAvum Homoeopathic Anusandhan Bhavan, 61-65, Institutional Area, Opp. D-Block, Janakpuri, New Delhi - 110058.

1.3 Your use of the HCCR Site will be governed by these Terms which will be a legal contract between us and you. By browsing or using the Site and/or the HCCR case report and/or any services, content or materials made available through the HCCR website you are agreeing to be legally bound by the Terms.

1.4 Though all efforts have been made to ensure the accuracy and currency of the content on this website, the same should not be construed as a statement of law or used for any legal purposes. In case of any ambiguity or doubts, users are advised to verify/check with the CCRH and/or Ministry of AYUSH, Govt. of India and to obtain appropriate professional advice.

1.5 The information posted on HCCR website could include hypertext links or pointers to information created and maintained by Baryons Software Solutions Pvt Ltd.CCRH through its HCCR website is providing these links and pointers solely for your information and convenience. When you select a link to an outside website, you are leaving the HCCR website and are subject to the privacy and security policies of the owners/sponsors of the outside website. CCRH does not guarantee that linked websites comply with Indian Government Web Guidelines.

 

2. Changes to the Terms

2.1 We may revise the Terms at any time by amending this page. Your use of the Site will be subject to the most recent version of the Terms available on the Site.

2.2 We recommend that you read through the Terms available on the Site regularly so that you can be sure that you are aware of any changes that may apply to you.

 

3. Access and use of the Site

3.1 Access to the Site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Site without notice to you.

3.2 You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or any other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Information Technology Act 2000. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.

3.3 In case of any legal dispute arising out of the content on the HCCR website, the matter shall be heard in a court of law within the jurisdiction of Delhi where the owner organization CCRH Headquarters of the HCCR website/portal is located.

3.4 You are responsible for making all arrangements necessary for you to have access to the Site.

 

4. Use of accepted case report

4.1 To the extent that any case reports are licensed under the standard terms of any Creative Commons License, the terms of each such License are hereby incorporated into these Terms and supplemental to the other provisions of these Terms.

4.2 To the extent that any case reportwhich are licensed under the standard terms of the Creative Commons Attribution-Noncommercial License, you may use the Non-Commercial case report, free of charge, for non-commercial purposes without our prior consent.

4.3 You may not make commercial use of any Non-Commercial case report, without our prior written consent, even if you are the author or the employer, funder or affiliate organization of the author of such Non-Commercial case report. For the purposes of these Terms, “commercial use” means use in any manner that is primarily intended for or directed toward commercial advantage or monetary compensation, including but not limited to provision or distribution (including by way of hyperlink) of any Non-Commercial case report or part of any Non-Commercial case report (including any patient information, photographic evidence or investigational report) in any format:

4.3.1 to support marketing activities;

4.3.2 in response to medical information requests;

4.3.3 to support activities at a conference, exhibition or trade show;

4.3.4 as resource material on a company or product-specific website;

4.3.5 to support company training of any individuals for any purpose;

4.3.6 for use by medical liaison representatives;

4.3.7 to supplement or replace a purchased paper or electronic reprint of any accepted case report;

4.3.8 in other publications published by a commercial organisation for any commercial purpose;or

4.3.9 on any third party website (including, but not limited to PubMed, CNKI, and similar) forany commercial benefit, advantage or private monetary compensation.

 

5. Intellectual property rights

5.1 Unless otherwise indicated, CCRH under Ministry of AYUSH are the owner or the licensee of all intellectual property rights in the HCCR website and in any material available on it.

5.2 You may not copy or use any part of the website, case report or other content made available through it other than as expressly permitted by the Terms.

5.3 If you copy or use any part of the website, case report or other content made available through it in breach of the Terms then, without prejudice to any of our rights and remedies, your right of use will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

 

6. Uploading content to the HCCR website

6.1 From time to time the HCCR website may include functionality that enables you to upload content directly onto the website, which allows the upload of user-generated content (UGC Functionality).

6.2 When using any UGC Functionality on the Site you agree that you will not submit or upload any content:

6.2.1 that is confidential, defamatory, infringing, obscene, offensive, racist, indecent, threatening,or is otherwise unlawful, objectionable ,or in contravention of our Privacy Policy;

6.2.2 that you do not own or do not have the permission of the owner or any otherrelevant person who may have rights in or connected to the content you areuploading.

6.2.3 that includes any personal data if uploading it to the Site would be a breach of the section 43A and section 72A under the Information and Technology Act 2000, or any other applicable data protection or privacy legislation; or

6.2.4 if submitting it to the website would infringe the intellectual property rights or any other rightsof another person.

6.3 As between you and us you will own any content or material (Your Content) you upload to the website as part of the UGC Functionality. You agree that we shall have the indefinite and worldwide right to copy, distribute, adapt, and use Your Content for any purpose, provided such purpose and use of Your Content is in accordance with our Privacy Policy.

6.4 The views expressed by other users on the Site do not represent our views or values. We will not be responsible, or liable to you or any third party, for any content posted by you or any other user of the Site.

6.5 We also have the right to disclose your identity to the relevant law enforcement authorities where a third party has made a valid claim that content posted or uploaded by you to the HCCR website constitutes a violation of their intellectual property rights, their right to privacy, or any other legal rights. We will similarly take measures in accordance with our Privacy Policy to ensure that any such content is removed from the HCCR website.

 

7. Notice and takedown procedure

7.1 We do not actively monitor content that users of the Site upload directly onto the Site. We do not therefore accept any responsibility or liability for any such content on the Site.

7.2 If you become aware that other members of the Site have posted content that is inaccurate, inappropriate, offensive, or does not comply with any of the provisions of the Terms you may notify us by contacting us at hccr.ccrh@gmail.com.

7.3 We have the right to remove Your Content at any time for any reason and without notice in our sole discretion.

7.4 For the avoidance of doubt any decision we make in connection with the removal of any content from the Site is final and we accept no liability to you in respect of any such decision.

 

8. Termination and Suspension

8.1 We may, in our sole discretion, terminate or suspend your access to the Site immediately without notice if you breach any of the Terms.

 

9. Data protection and privacy

9.1 Any personal information that we collect from you as you browse and use the HCCR website will be processed, used and stored in accordance with our Privacy Policy. To find out more about the data we collect from you and how we use it please read our privacy policy.

9.2 By clicking "Accept" via our Privacy Policy banner at the bottom of your screen you consent to our use of your personal data in accordance with our Privacy Policy.

 

10. Disclaimers

10.1 Except as expressly provided in the Terms, the Site and any content provided through it are provided on an "as is" basis. We do not make any representation or warranty of any kind, either express or implied (whether by common law, custom, statute or otherwise) in relation to the Site or any content, products or services provided through it including without limitation any warranties in relation to fitness for a particular purpose or in relation to quality, completeness, accuracy, reliability or non-infringement.

10.2 The content on the HCCR website is provided for general information only. It is not intended to amount to advice on which you should rely. We make no representations, warranties or guarantees, whether express or implied, that the content on the Site is accurate, complete or up-to-date.

10.3 We do not guarantee that the HCCR website will always be available, be uninterrupted, secure or free from bugs or viruses, nor that the website or any services or content provided through it will be free from errors or omissions.

10.4 Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Please check your local laws for any restrictions of limitations regarding the exclusion of implied warranties.

10.5 Nothing in the Terms is intended to disclaim or exclude any warranty or liability that cannot be disclaimed or excluded by operation of applicable law.

 

11. Indemnity

11.1 You shall indemnify, defend and hold us harmless, on demand, from and against all actions, claims, causes of action, proceedings, and demands of whatsoever nature or kind, as well as from and against all damages, liabilities, obligations, losses, penalties, fines and expenses (including reasonable legal fees resulting therefrom) arising out of or in connection with your breach of the Terms.

 

12. Limitation of Liability

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

12.2 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms that may apply to the HCCR website or any content on it, or services provided through it, whether express or implied.

12.3 We will not be liable to you or any other user of the HCCR website for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the use of, or inability to use, the HCCR website or any services provided through it including without limitation any direct loss of profit, loss or damage to data, loss of reputation or goodwill, loss of opportunity or anticipated savings or any indirect, special, consequential or punitive losses of any kind.

 

13. General

13.1 The Terms do not create or infer any rights that are enforceable by any person who is not a party to them.

13.2 You may not assign, sub-license, or otherwise transfer any of your rights or obligations in the Terms to any other person without our written consent.

13.3 If we decide not to exercise or enforce any right that we have against you at a particular time, then this does not prevent us from later deciding to exercise or enforce that right.

13.4 If any part of the Terms is found to be illegal, invalid or otherwise unenforceable by a court or regulator, then, where required, that part shall be deleted from the Terms and the remaining parts of the Terms will continue to be enforceable.

13.5 These Terms and any non-contractual obligations arising out of them shall be governed by and construed in accordance with Indian law and you agree to submit to the exclusive jurisdiction of the Indian courts.

 

14. Privacy policy in regards to consent of the patient

14.1 Any case report that contains personal medical information about an identifiable living individual requires the patient's explicit consent before we can accept it. We will need the patient to sign our consent form, which is available in both English and Hindi languages and the author must ensure that the form is understood in a language that the patient understands.

14.2 If the patient is dead, the author should seek permission from a relative (as a matter of courtesy and medical ethics).

14.3 In case of children and/or minors- Parents or guardians can consent on their behalf.

14.4 In case of patients who lack capacity –Parents or guardians can consent on their behalf.

 

15. Privacy policy in regards to consent of the images of patients

15.1 Our policy on obtaining consent for publication of pictures or videos of patients is a subset of our general policy on patient confidentiality. If there is any chance that a patient may be identified from a photograph or other static or moving image, or from its legend or accompanying text, we need the patient’s written consent to submissionof the same to HCCR website.

15.2 Images such as x rays, laparoscopic images, ultrasound images, pathology slides, or images of undistinctive parts of the body - or multimedia files (e.g. video, audio) may be used without consent so long as they are anonymised by the removal of any identifying marks and are not accompanied by text that could reveal the patient’s identity through clinical or personal detail.

15.3 We accept pictures with black bands across the eyes although bands fail to mask patient’s identity effectively.

15.4 Please remove details such as patients' names and dates of birth from images before sending them to us.

 

16. Privacy policy in regards to image copyright

We may sometimes alter images in using our discretion in the following manner:

• To enhance colour, sharpness, and texture without altering the intention or meaning of the image;

• To enhance text within the image to make it readable;

• To remove irrelevant text from an image that confuses the view or meaning of the image;

• To remove irrelevant features that detract from the image such as an arm appearing at the side of the photo or a lamp post apparently coming out of someone’s head;

• To delete one or more people from the background if their presence is irrelevant;