Welcome to the website of ‘Carna Medical Database Pvt. Ltd.’ hereinafter referred to as Carna medical. This disclaimer shall govern your use of our website. By using our website, you accept this disclaimer in full; accordingly, if you disagree with this disclaimer or any part of this disclaimer, you must not use our website. Our website uses cookies; by using our website or agreeing to this disclaimer, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy.
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- Use of information: User will use the Information only as a reference aid, and that such material is not intended to be (nor should it be used as) a substitute for the exercise of professional judgment. In view of the possibility of human error or changes in medical science, User should confirm the Information through independent sources. The user may freely browse the Site, but may only access, download or use information from this Site, including any text, sound, images, audio and video (collectively: “Information”) for strictly non-commercial use. The user may not distribute, modify, transmit, reuse, repost or use the Information for commercial purposes, without the written permission of ‘Carna medical’. You should assume that everything you read or see on this Site is copyrighted according to applicable laws unless otherwise noted; and may not be used except as laid down in these Terms and Conditions. ‘Carna medical’ neither warrants nor represents that the use of the Information will not infringe any rights of third parties. Use of this website does not confer any license or right to the Information or any copyright of ‘Carna Medical’. The trademarks, logos, service marks displayed on the Site (collectively the “Trademarks”), are registered and unregistered trademarks of ‘Carna Medical’. Nothing in this Site should be construed as granting any license or right to use any Trademarks or Information without the prior written permission of ‘Carna Medical’.
- License to use the website: You may view pages from our website in a web browser; Download pages from our website for caching in a web browser; and Print pages from our website, subject to the other provisions of this disclaimer.
Except as expressly permitted by the above-stated paragraph or the other provisions of this disclaimer, you must not download any material from our website or save any such material to your computer. You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.
Unless you own or control the relevant rights in the material, you must not:
- Republish material from our website including republication on another website;
- Sell, rent or sub-license material from our website;
- Exploit material from our website for a commercial purpose; or
- Redistribute material from our website.
We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
- User information:You must not use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website; Use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity; Conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent; Access or otherwise interact with our website using any robot, spider or other automated means except for the purpose of search engine indexing. You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
- Limited warranties:‘Carna medical’ does not warrant or represent:
- The completeness or accuracy of the information published on our website;
- That the material on the website is up to date; or
- That the website or any service on the website will remain available.
We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in this disclaimer, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
To the maximum extent permitted by applicable law and subject to the subsequent paragraph 6.1, we exclude all representations and warranties relating to the subject matter of this disclaimer, our website and the use of our website.
- Limitations and exclusions of liability
- Nothing in this disclaimer will:
- Limit or exclude any liability for death or personal injury resulting from negligence;
- Limit or exclude any liability for fraud or fraudulent misrepresentation;
- Limit any liabilities in any way that is not permitted under applicable law; or
- Exclude any liabilities that may not be excluded under applicable law.
- The limitations and exclusions of liability set out in this Section 6 and elsewhere in this disclaimer:
- Are subject to Section 6.1; and
- Govern all liabilities arising under this disclaimer or relating to the subject matter of this disclaimer, including liabilities arising in contract, and for breach of statutory duty, except to the extent expressly provided otherwise in this disclaimer.
- To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
- We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
- We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
- We will not be liable to you in respect of any loss or corruption of any data, database or software.
- We will not be liable to you in respect of any special, indirect or consequential loss or damage.
- You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or this disclaimer, this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees.
- Variation:‘Carna Medical’ holds the right to revise this disclaimer from time to time. The revised disclaimer shall apply to the use of our website from the time of publication of the revised disclaimer on the website.
- Severability/miscellaneous:If a provision of this disclaimer is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision of this disclaimer would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
- Governing Laws:This Site is created and controlled by ‘Carna Medical’; as such the laws of India shall apply; and courts in New Delhi only shall have jurisdiction in respect of the Terms and Conditions. Carna Medical reserves the right to make changes to the Site and the Terms and Conditions.
For Q & A services on the website, wherein the Doctors raise their queries to manufacturers, should follow certain rules and regulations set by the CDSCO and MCI. The following Acts are used to create a comprehensive sheet for guiding what should not be written in the Q & A section of the website:
- INDIAN MEDICAL COUNCIL (Professional Conduct, Etiquette and Ethics) Regulations, 2002
- The Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954
- Uniform code of pharmaceuticals marketing practices (UCPMP)
The responsibility of the comments added in the Q & A section solely lies on the commenter and Carna Medical holds no liability for such comment. Although Carna will try to its utmost level to follow the mentioned acts and will try and delete the comments which do not follow the Acts.
Below is the reference table providing the law statements considered for checking the questions and answer statements added on the website:
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Sno.
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Statement (Clause) from Act
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Act / Law Name
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Statement (Clause) Section No.
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Key Words
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Verbs (incase different from Keyword)
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Synonyms
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1
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A physician shall not give to any person, whether for compensation or otherwise, any approval1, recommendation2, endorsement3, certificate4, report5 or statement6 with respect of any drug, medicine, nostrum remedy, surgical, or therapeutic article, apparatus or appliance or any commercial product or article with respect of any property, quality or use thereof or any test, demonstration or trial thereof, for use in connection with his name, signature, or photograph in any form or manner of advertising through any mode nor shall he boast of cases, operations, cures or remedies or permit the publication of report thereof through any mode.
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INDIAN MEDICAL COUNCIL (Professional Conduct, Etiquette and Ethics) Regulations, 2002
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6.1.1
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Approval
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Approve
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Accept
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Agree
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Consent
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Support
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Believe
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Favour
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Recommendation
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Recommend
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Advocate
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Suggest
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Propose
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Endorsement
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Endorse
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Declare
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Certificate
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Certify
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Verify
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Guarantee
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Attest
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Warrant
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Warranty
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Confirm
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Authenticate
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Document
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Report
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Announce
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Describe
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Intimate
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Statement
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State
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Express
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Proclaim
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Publish
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Broadcast
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2
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Subject to the provisions of this Act, no person shall take any part in the publication of any advertisement relating to a drug if the advertisement contains any matter which:
a) directly or indirectly gives a false impression1 regarding the true character of the drug; or
b) makes a false claim2 for the drug; or
c) is otherwise false or misleading in any material particular.
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The Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954
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4
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Impression
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Imitate
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Claim
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Assert
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Affirm
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3
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Claims for the usefulness1 of a drug must be based on an up-to-date evaluation of all the evidence.
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Uniform Code of Pharmaceuticals Marketing Practicies
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2.1
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Useful
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Use
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Helpful
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4
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The word "new1" must not be used to describe any drug which has been generally available, or therapeutic indication which has been generally promoted, in India for more than 12 months.
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Uniform Code of Pharmaceuticals Marketing Practicies
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2.3
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New
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Current
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More than 12 months
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|
|
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5
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Comparisons1 of drugs must be factual, fair and capable of substantiation. In presenting a comparison, care must be taken to ensure that it does not mislead by distortion, by undue emphasis, omission or in any other way.
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Uniform Code of Pharmaceuticals Marketing Practicies
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2.4
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Comparison
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Compare
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Contrast
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Better than
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Matching
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Worse than
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6
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Other companies, their products, services or promotions must disparaged1 either directly or by implication.
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Uniform Code of Pharmaceuticals Marketing Practicies
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2.6
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Disparaged
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Depreciate
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Downgrade
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Underrate
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Undervalue
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Underestimate
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7
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The clinical and/or scientific opinions of members of healthcare professionals must not be disparaged1 either directly or by implication.
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Uniform Code of Pharmaceuticals Marketing Practicies
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2.7
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Disparaged
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Same as above
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8
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Free1 samples of drugs shall not be supplied to any person who is not qualified to prescribe such product.
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Uniform Code of Pharmaceuticals Marketing Practicies
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5.1
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Free
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Complimentary
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