Terms and Conditions
In this article
The following terms and conditions (the “Terms and Conditions”) govern your use of www.suregon.lk website and any content made available from or through this website (the “Website”). This Website is made available by Dr. Mohan Samarasinghe. The Terms and Conditions may be changed from time to time, at any time without notice to you, by posting such changes on the Website. BY USING THE WEBSITE, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF THE WEBSITE. If you do not agree to these Terms and Conditions, you may not access or otherwise use the Website.
1 Medical Advice Disclaimer
The content of the Website, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals contained in the Website, is for informational and educational purposes only and does not constitute professional medical/surgical advice, diagnosis, treatment or recommendations of any kind. You should always seek the advice of qualified heathcare professionals in person by consultation with any questions or concerns you may have regarding your individual medical needs and any medical conditions. Reliance on any information appearing on the Website, is solely at your own risk.
2 Proprietary Rights
As between you and Surgeon.lk, Surgeon.lk owns, solely and exclusively, all rights, title and interest in and to the Website, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, text, software, titles, etc.), code, data and materials thereon, the look and feel, design and organization of the Website, and the compilation of the content, code, data and materials on the Website, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein. Your use of the Website does not grant to you ownership of any content, code, data or materials you may access on or through the Website.
3 Limited License
You may access and view the content on the Website on your computer or other device and, unless otherwise indicated in these Terms and Conditions or on the Website, make single copies or prints of the content on the Website for your personal, internal use only. Use of the Website and the services offered on or through the Website, are only for your personal, non-commercial use.
4 Prohibited Use
Any commercial or promotional distribution, publishing or exploitation of the Website, or any content, code, data or materials on the Website, is strictly prohibited unless you have received the express prior written permission from Dr. Mohan Samarasinghe. Other than as expressly allowed herein, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on or available through the Website. You further agree that you may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose, any of the content, code, data, or other materials on or available through the Website, including, without limitation, the alteration or removal of any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary rights notices. You acknowledge that you do not acquire any ownership rights by downloading any copyrighted material from or through the Website. If you make other use of the Website, or the content, code, data or materials thereon or available through the Website, except as otherwise provided above, you may violate Intellectual Property laws and other laws of Sri Lanka and may be subject to legal liability for such unauthorized use.
5 Trademarks
The trademarks, logos, service marks and trade names (collectively the "Trademarks") displayed on the Website or on content available through the Website are registered and unregistered Trademarks of Dr. Mohan Samarasinghe and others and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders that are likely to cause customer confusion, or in any manner that disparages or discredits their rights holders. All Trademarks not owned by Dr. Mohan Samarasinghe that appear on the Website or on or through the Website’s services, if any, are the property of their respective owners. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Website without the written permission of Dr. Mohan Samarasinghe or the third party that may own the applicable Trademark. Your misuse of the Trademarks displayed on the Website or on or through any of the Website’s services is strictly prohibited.
6 User Information
In the course of your use of the Website and/or the services made available on or through the Website, you may be asked to provide certain personalised information (such information referred to hereinafter as “User Information”). Surgeon.lk’s information collection and use policies with respect to the privacy of such User Information are set forth in the Website’s Privacy Policy and Medical Ethics Policy which is incorporated herein by reference for all purposes. You acknowledge and agree that you are solely responsible for the accuracy and content of User Information.
7 Prohibited User Conduct
You warrant and agree that, while using the Website and the various services and features offered on or through the Website, you shall not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) insert your own or a third party’s advertising, branding or other promotional content into any of the Website’s content, materials or services (for example, without limitation, in an RSS feed or a podcast received from Surgeon.lk or otherwise through the Website), or use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes; or (c) attempt to gain unauthorized access to other computer systems through the Website. You shall not: (i) engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Website or the services offered on or through the Website, including without limitation any information residing on any server or database connected to the Website or the services offered on or through the Website; (ii) obtain or attempt to obtain unauthorized access to computer systems, materials or information through any means; (iii) use the Website or the services made available on or through the Website in any manner with the intent to interrupt, damage, disable, overburden, or impair the Website or such services, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests; (iv) use the Website or the Website’s services or features in violation of Surgeon.lk’s or any third party’s intellectual property or other proprietary or legal rights; or (v) use the Website or the Website’s services in violation of any applicable law. You further agree that you shall not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Website or the Website’s services, or any content thereof, or make any unauthorized use thereof. You agree that you shall not use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website or any of its services. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Website.
8 Indemnification
You agree to defend, indemnify and hold Surgeon.lk and Dr. Mohan Samarasinghe, his representatives employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the Website, your placement or transmission of any message, content, information, software or other materials through the Website, or your breach or violation of the law or of these Terms and Conditions.
9 Third Party Websites
You may be able to link from the Website to third party websites and third party websites may link to the Website (“Linked Sites”). You acknowledge and agree that Surgeon.lk and/or Dr. Mohan Samarasinghe has no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites. Links to Linked Sites do not constitute an endorsement or sponsorship by Surgeon.lk and/or Dr. Mohan Samarasinghe, of such websites or the information, content, products, services, advertising, code or other materials presented on or through such websites. The inclusion of any link to such sites on this Website does not imply Dr.Mohan Samarasinghe’s endorsement, sponsorship, or recommendation of that site. Surgeon.lk /Dr. Mohan Samarasinghe disclaims any liability for links (1) from another website to this Website and (2) to another website from this Website. Surgeon.lk/Dr. Mohan Samarasinghe cannot guarantee the standards of any website to which links are provided on this Website nor shall Surgeon.lk /Dr. Mohan Samarasinghe be held responsible for the contents of such sites, or any subsequent links. Surgeon.lk/Dr. Mohan Samarasinghe does not represent or warrant that the contents of any third party website is accurate, compliant with laws or compliant with intellectual property laws and other laws of Sri Lanka. Also, Surgeon.lk/Dr. Mohan Samarasinghe is not responsible for or any form of transmission received from any linked website. Any reliance on the contents of a third party website is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.
10 No Representations/Warranties and Limitation of Liability
Surgeon.lk/Dr. Mohan Samarasinghe provides no representations and warranties, express or implied (whether statutory or otherwise), in respect of this Website or its contents (including, without limitation, as to their condition, satisfactory quality, performance or fitness for purpose) and all such representations and warranties are excluded except to the extent that their exclusion is prohibited by law.
All information is provided by Surgeon.lk/Dr. Mohan Samarasinghe on an "as is" basis only, and does not constitute a warranty of any kind, neither express nor implied. Surgeon.lk/Dr. Mohan Samarasinghe provides no representations and warranties, express or implied, but not limited to the implied warranties of merchantability fitness for a particular purpose, or non-infringement of third party rights.
Surgeon.lk/Dr. Mohan Samarasinghe shall not be liable to any party for any direct, indirect, special or other consequential damages arising from use of this Website or on any other hyperlinked website, including, without limitation, any lost profits, business interruption, or otherwise, any damage or losses, etc.
11 Applicable Laws
All matters relating to the use of this Website shall be governed by the laws of Sri Lanka, and shall be subject to the jurisdiction of the Sri Lanka Courts.
12 Termination
Surgeon.lk may terminate, change, suspend or discontinue any aspect of the Website or the Website’s services at any time. Surgeon.lk may restrict, suspend or terminate your access to the Website and/or its services if we believe you are in breach of our terms and conditions or applicable law, or for any other reason without notice or liability.
13 Changes to Terms of Use
Surgeon.lk reserves the right, at its sole discretion, to change, modify, add or remove any portion of the Terms and Conditions, in whole or in part, at any time. Changes in the Terms and Conditions will be effective when posted. Your continued use of the Website and/or the services made available on or through the Website after any changes to the Terms and Conditions are posted will be considered acceptance of those changes.
14 Entire Agreement
These Terms and Conditions together with the Privacy Policy, Cookies Policy, , Copyright Notice, Disclaimer, constitutes and contain the entire agreement which governs your visits to this Website.
15 Ownership
This Website is the personal website of Dr. Mohan Samarasinghe which is solely owned and operated by Dr. Mohan Samarasinghe and the Website is in no association with Ministry of Health Sri Lanka or any other organisation within or outside Sri Lanka.