This Electronic document (Terms and conditions) is an electronic record in terms of the Indian information technology act, 2000. This is an agreement between "BuySM", an organization incorporated under the Indian law, registered in Mumbai, Operate and manage the online business at buysm.com and also manage and operate mobile application that is available on Google play store / Apple app store under the legal brand name BuySM (Both collectively called "Platform") and a user or any legal person who visit and/or order or use our online Website / Application in any manner ("your" or "you") or uses any recent, past or future service or any functionality or our website / application or any Discounts, offers or deals available on website / application, as regularly updated.
By using our website / application, you must agree to our legal terms and conditions. If you do not agree with our terms and conditions, or have any issue with company terms and conditions, please do not use the website / application. If you have any queries, questions, or doubts about the terms and conditions, please get in touch with firstname.lastname@example.org. Please take into consideration that your use of our online or offline services, or other related platforms or use of any products which is listed below, any promotional offer or any product or services that are associated with our affiliates, terms and conditions may differ from our website / application terms and conditions or privacy policies or our guidelines ("Additional Terms and conditions”). Suppose third-party terms and conditions differ one from our additional Terms and conditions. In that case, These Additional Terms and conditions will control to the extent important to resolve such inconsistency concerning any of our online or offline services or our products' use. These terms and conditions control and govern your use of the website/application/platform and any transaction you have done on our platform or dealings with our service and products thereon.
For the purpose(s) of these Terms and conditions: (a) "Platform" means https://buysm.com/ which include our online application / website / shopping wallet / desktop / laptop / tablet / mobile or any other electronic mode or/and operating system or software provided or managed by us, on which you can access our online services and incorporate online application managed, update and control by us or our team which interact / communicate with one or more application on mobile / shopping wallet / tablet / website and any electric modes as manage, operated and provided by us; (b) "product and services", Product and services shall mean prescription drugs, Over-the-counter (OTC) medicines, Fast-moving consumer goods (FMCG) Chat / Email Consultation With Doctors, Online Diagnostics Procedures or Test and other online services and products offered for sale (OFS) to you on the website / application / platform ; and (c) "Registered Doctor / Registered Medical Practitioner" shall mean any doctor or person who permitted or authorised by Medical Council Of India or any Regional council for the registration of Registered Doctor/Medical Practitioners verified and authorised by the state government or government of India who will be verified with authorised documents and personal identity and authenticated by us. (d) "Party" Individually we and you referred to and collectively called "Parties".
These Terms and conditions are separated in two parts. We request you to please read all the sections carefully to understand and accept the terms and conditions applicable in case of usage of the website / application / platform and for the product that purchase from our any platform thereof.
PART A - TERMS AND CONDITIONS AGREEMENT FOR THE USAGE OF THE WEBSITE / APPLICATION / PLATFORM
1.1 The Terms and Conditions Agreement for using the website / application / platform as "terms set out herein" govern your use of and access to our website / application / platform, which facilitates finding, select and purchasing the pharmaceutical medicine on the website / application / platform at the listed price whenever you need it, from the areas serviceable by us.
1.2 Please make sure that we regularly update our Terms and conditions that govern your use of our services or the platform. Whenever you wish to use our website / application or service, please check our terms and conditions to accept and understand the terms that are applicable at that time. Moreover, we have all reserved the right to remove / update / alter/change the website/application/platform content or format or stop the website / application / platform operation for technical, maintenance, or support work, to update graphics, content, or product or for any other possible reason, at any time.
1.4 This digital document is a digital record in terms of the Indian Information Technology Act, 2000 and rules and regulations made that may be applicable. This is a computer-generated electronic record and makes sure it does not require any digital or physical signatures.
1.5 Anyone from anywhere we authorize you to visit and access the website/application/platform to discover, search and make a purchase of the product you need. If you have any issue with the purchased product, you can process refunds or request us for a return in a way that agrees with our Refund and Returns Policy (Check Refund & Return Policy: https://buysm.com/return-refund-policy).
1.6 By accepting these Terms and Conditions, You must agree that you are at least 18 years old or above, and you are fully eligible to agree with this Agreement, and you will follow and obey the rules of this Agreement. Suppose a user visits, browses, or searches our website/application/platform, and their age is below 18 years. In that case, It is assumed that they are visiting / searching/browsing / using the website/application/platform under the supervision of their parents or guardian. In such conditions, parents or guardians must read our terms and conditions and agree to the Agreement, including terms and conditions of purchase of product or services on behalf of a person under 18 years. And a person under the age of 18 years is visiting/browsing/searching/purchasing a product from the website/application/product without permission or administration of their legal guardian or parents; we have all reserved the right to deactivate or disable such user's active account without giving any prior notice. Moreover, suppose you access our services/website/application/platform as a representative of any organization or company. In that case, you must represent yourself that you have the broad legal authority to act on behalf of the company/organization/entity and that such person or entity must agree with this Terms and Condition Agreement.
2. ACCOUNT REGISTRATION AND ACTIVATION
2.1 To buy or purchase Product or use the services on the website/application/platform or use essential features of the virtual platform (for example, add a product to cart, order products, review product, rate product, or receive our newsletters in email). You have to sign up and activate your account with the website/application/platform and provide necessary information about you in the customer information form. Include your full name, registered email address, gender, and account password, active mobile number, shipping address, and billing address. You will start using our services or access further after successfully confirming your email address. We will send a confirmation email after filling in the necessary information in the form. More information may be required at the time of signup and activation of your account. We do not charge fees for installation or to use our website/application/platform. It is 100% free of cost, and it includes certain online services of the platform. However, the website/application/platform also provides online Doctors/Medical practitioners. You can choose a Doctor or Registered Medical Practitioner as per as requirement, and you schedule an appointment. You must pay consultation fees for that. If you are looking for a phone call or online video consultation, you must pay consultation fees prior. If you are looking for clinical consultation, the patient shall pay consultation fees after consulting the Doctor or Registered Medical Practitioners.
2.2 You are solely responsible and authorized to use and operate the account created on our website/application/platform by you. Therefore, it’s your responsibility to secure the login ID and Password of your active account on the website/application/platform and restrict unauthorized access to your mobile, desktop, laptop, tablet, or other devices. You are only responsible for all activities undertaken through your registered account.
2.3 You will; (a) Any unauthorized activities, misuse of your account, or any security breach; in such cases, be sure to get in touch with us immediately; and (b) After the end of each login session, please ensure that you must log out from your active account. We, our technical team, employees, managing directors, agents, and officers will not be responsible for any data loss, account loss, or direct or indirect damage caused by you or anyone to comply with these terms. You are only responsible for any damages or losses to our website/application/company/organization or any other user due to not having permission or approval to use their account by you. We have all reserved the right to deactivate or remove or suspend or edit content or revoke access to the website, application, or platform without giving any prior notice.
2.4 You must agree that the data or information you are provided at the time of registration is accurate and truthful. Make sure that you will update and keep the data accuracy of such helpful information.
2.5 Keep your email address up to date that you use at the time of the registration process at the website, application, or platform so we can communicate electronically without any interruption.
3. COMMUNICATION AND UNSUBSCRIBE
3.1 By accepting the Agreement (Terms and Conditions), you also agree to receive SMS or text messages / Email / Call related to the latest news, updates, promotional offers, discount codes, price drops, and campaign-related SMS to your registered mobile number. By using our services or accessing the website, application, or platform or by verifying your registered mobile number via OTP with us, you must agree to receive such digital communication (via SMS, Text Message, Phone Call, Email, or any other possible electronic means) from us or/and our representatives may contact your regarding latest offers our new launch services, even if your contact number or mobile number is registered under the DND/NCRP list under the Telecom Commercial Communications Customer Preference Regulations, 2018.
3.2 Anytime you can opt-out, stop, or unsubscribe from receiving promotional and marketing communication, email newsletters, and other promotional or marketing notification from us by the following instruction.
4. DISCLAIMER OF WARRANTIES
4.1 Everyone can utilize our website, application, or platform to consult an authorized doctor/registered medical practitioner and get appointments for online consultation and purchase medicine on prescription. We have strict policies to verify the identity and authenticity of the Doctors and registered medical practitioners. You must agree and understand that we shall not be responsible for any deficiencies. It is not limited to lack of knowledge, injury caused, or misconduct from the Doctor or Registered medical practitioner. We do not have any involvement in such interactions, and we are not responsible for any such act of the Registered Medical Practitioners. Doctors and pharmacists.
4.2 Healthcare Services: All healthcare products, medicines and injectables you purchase through the website, application or platform, have been manufactured by well known pharmaceutical companies across the globe. For these products, manufacturers or marketers of respective products will be solely responsible for any type of product related issues. We the buysm.com do not suggest or advise self medication or self administration of any of medicines and injectables purchased from our website, application or platform. Neither the website, application, or platform nor third parties who promote their products or interact with you with a link to their product shall be liable for any product you receive from.
4.3 Informed Consent: As we provide the online health care medicines or selling of medicines, The medicines you receive from our website, application or platform is not intended to replace your existing medicines or treatments. You should continue your regular checkups, or follow-up for your medical condition and medicines with your health care provider or doctor or pharmacist to avoid any kind of medication error. Continue your consultation with your family doctor or primary care physician / super specialist or visit other healthcare professionals you are comfortable with. You can contact our customer care support executive anytime for any type of Healthcare products or medicines or injectables related issues. For any assistance You can directly contact us to take follow-up to know the status of your ordered medicines. We the buysm.com is committed to provide super speciality medicines accessible to each and every patient in need at reasonable rates. As you understand, medicines have its own benefits and potential risks associated with it but might be not limited to:
4.3.1 In some cases, the patient's prescription information and data are not sufficient to supply medicines, for example, the quality of the uploaded prescription images or insufficient prescriber information or prescription by unauthorized prescriber or wrongly written or misspelled medicines. It may be difficult for our pharmacists to identify and supply medicines.
4.3.2 There may be a delay in delivery of products due to failures of electronic devices and failure of network connectivity. If such a problem arises, you may contact us by our 24*7 support phone number or other communication channels.
4.3.3 We are committed to ensure uninterrupted supply of medicines & Pharmaceutical Products. Medicines & Pharmaceutical Products that you purchased from our website, application or platform, It may result in an allergic reaction to your body, any adverse drug side effect, or any other cause.
4.3.4 We are using strong security standards to protect our network and a high standard software security system to protect the user data to ensure high standard privacy and security of your provided health records. In a rare case, our system's security could fail, which may cause a security breach of the privacy of your health records or information.
4.4 By using our website/application/platform, you must agree and accept these Terms and Conditions; you acknowledge that you accept, understand, read and agree with the following:
4.4.1 You understand and may expect the key benefits from us of online selling of medicines in your care, but we do not guarantee or take responsibility for the result.
4.4.2 If your treating provider, physician or specialist may find that our products are inappropriate for some cases or all of your health care treatment needs. We do not supply any product to you in such cases through the website, application, and platform.
4.4.3 We do not guarantee any result, the effectiveness of the medicines or products, or success after using products that you ordered from our website, application or platform. We only supply products to you as per the order we received from you. In case of any issue or dispute and thus, between you and the actual manufacturer of the product. Any claim, for example, money, service, warranty, offer, or any other claims arising from such an issue, is the subject of the actual manufacturer of the product and you. We are not responsible or party to such issue or dispute or involved in any lawsuit negligence, claim damage, or any other arising from the use of the products.
4.4.5 We have strict policies to authenticate and verify all products listed on our website, application or platform before we make it available to users. But before purchasing any product on our website, application or platform, you should check use, side effects, benefits, safety and from medicines you are ordering. We are not liable or responsible for the same.
4.4.6 We are not liable or responsible for the contents of any material, blog or medical information available on the platform. The medical information, knowledge base, or advice on website / application / platform is available for all visitors; use the website / application / platform at your own risk. We are not liable or responsible for any injury or damage to property or person caused by use of the product available on the platform, information posted, Ideas, usage, instruction, or any advice available in the material provided to you. We have all legal reserve the right to cancel, discontinue, suspend or change at any time any features products and services of the website / application / platform without giving any prior notice;
4.5 We will try to provide trustworthy information of medicines and ensure that all the information of medicines which is available on website / application / platform or any recommendations suggested about our services, any products or offerings (from now on "Information of medicines") available on the website / application / platform is trustworthy and correct at time of updated on the website / application / platform. We can not guarantee information of medicines accuracy. We shall not be held responsible or liable for any cause by information of medicines updated on the website / application / platform.
4.6 You must agree that information of medicines is updated or provided to you on the condition that you make sure that provided information of medicines is suitable for your purpose before use or in connection with decision making. No website / application / platform information forces anyone to invest in our company or any affiliate. Any use of a website / application / platform or any information on medicines provided to you at your own risk. Neither our affiliate partner nor their employees, owners, officers, or agents shall be reliable or liable for any harm, damage, loss or expense, reliance upon, or use of this website / application / platform. Any information or any external or third-party external website linked to this website / application / platform. We are not liable or responsible for any information of medicines, content, or advice available on third-party external websites. We do not involve, manage, update, or represent the content and accuracy of the information of medicines on such a third-party website. Access such third-party websites entirely at your own expense and risk.
4.7 We are using a visual representation on the website / application / platform to help users identify the medicines exactly, including graphical representation, high-quality photographs, illustrations, Product Video, Images, Screenshots, Detail charts, Infographics, and other possible visual representations. Hard work and effort are required to provide a perfect visual representation, and we try our best to provide an exact visual presentation of the medicines. Still, we do not warrant or guarantee the exactness of such graphical representation and description of the actual medicines with the medicines that the end-users receive. The appearance of the medicines may be different when delivered to the user because of various reasons.
4.8 We respect every patent owner. Here we are not involved or construct or practice as a recommendation to use any services, process, product, information, formulation or equipment, which conflict with any patent rights. And otherwise or we make no warranty or representation, implied or indicate that the use thereof will not violate or infringe any registered patent, or otherwise.
4.9 We do not contract or provide any warranties and representations.
4.9.1 We maintain or in respect of the quality of medicines / services / information of medicine, accuracy, suitability, security and safety, merchantability, affordability, fitness, reliability for a particular consumption / purpose and the information or content including, information of medicines, pricing information, and detail specification of the product on the website / application / platform.
4.9.2 We ensure that we provide the best online pharmacy for the purpose of online selling of medicine will be made available 24*7 from all the locations.
4.9.3 We ensure that the operation and functionality of the website / application / platform, including the functionality contained within any information, material, and content on the website / application / platform or any third-party service or website linked to the website / application / platform, will be run without any interruption. Or that any bug will be fixed immediately, or the servers that help such information, material, content, and product available for all users are secure and protected with antivirus to make it free of virus, malicious attack, or other harmful components.
4.10 THIS WEBSITE / APPLICATION / PLATFORM, SERVICES, AND FUNCTIONALITIES ARE PROVIDED TO THE USER ("YOU") ON AN "AS IS" & "WHERE IS" BASIS, WITH NO WARRANTIES AND REPRESENTATIONS. WE (WEBSITE, APPLICATION, PLATFORM) AND ANY EXTERNAL SERVICES (THIRD-PARTY) PROVIDING SERVICES, CONTENT, AND MATERIAL TO THIS WEBSITE / APPLICATION / PLATFORM, MAKE NO WARRANTIES OR REPRESENTATION, EITHER IMPLIED, EXPRESS, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS OR OTHERWISE OF MERCHANTABILITY OR STATUTORY, CONCERNING WEBSITE / APPLICATION / PLATFORM, THE CONTENT OR INFORMATION OR SERVICES OR ANY PRODUCTS TO WHICH THE INFORMATION REFERS. WE WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY LOSS, DAMAGE OR CAUSE, INCLUDING BUT NOT LIMITED TO INDIRECT, DIRECT, PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, CAUSED FROM OR CONNECTED WITH THE WEBSITE / APPLICATION / PLATFORM, INCLUDING BUT NOT LIMITED TO, YOUR INABILITY TO USE WEBSITE / APPLICATION / PLATFORM OR YOUR USE OF THIS ONLINE PLATFORM, EVEN THOUGH WE HAVE ALREADY ADVISED YOU IN PAST ABOUT RISK AND POSSIBILITY OF SUCH LOSS, DAMAGE OR CAUSE.
4.11 To the maximum extent permitted by public policies, We, our employees, agents, officers, directors, and IT professionals, disclaim any liability and are not responsible for any damage, loss, cause, liabilities, claim, expenses, or injury caused by or due to any failure of services, performance, defective product, omission, error, interruption, data loss, delay in service, virus attack, malicious attack, communication, destruction of platform or services, theft, use of record without permission or alteration of information on the website / application / platform.
5. AVAILABILITY, USABILITY AND ACCESSIBILITY OF THE WEBSITE / APPLICATION / PLATFORM
5.1 We operate, control and manage this website / application / platform from India and make no warranty and representation that the information, material, product, services and the content that is listed or available on the website / application / platform are available or will be appropriate for use in other countries or locations outside India. If you are accessing this website / application / platform from any country or location except India, you are completely liable and responsible for all Indian constitution laws. Neither, These Terms constitute, nor these terms used in or for connection with any marketing or promotional practices or solicitation in any jurisdiction by anyone in which such marketing or solicitation or promotional activities are not allowed (authorized) or to anyone to whom it seems to be unlawful to solicit or promote.
5.2 The information, content or material that we publish on the website / application / platform may include cross-references or references to our services, programs and products that are not available or not announced in your country, location or region. In such references, we do not hint that we intend to announce a product, service or program in your country, location or region. For any questions or information about the programs, services and products that may be available for you, don't hesitate to get in touch with our local business.
5.3 We regularly monitor and track the user's account to prevent unauthorized activities, transactions and accounts. Only one account per user is allowed. We do not allow users holding multiple accounts or getting the benefits of referral vouchers fraudulently. We have all reserved the right to take legal action against such users under the law, recover the cost of goods, and collect lawyer charges from users using the website / application / platform fraudulently. We reserve the right to initiate legal action against such fraud persons for fraudulent use of the website / application / platform and any other illegal act or omissions to violate these Terms and Conditions. We reserve the right to decline all transactions before initiating legal actions. Suppose we find any fraudulent events or activities on our website / application / platform. We reserve the right to immediately delete, suspend or hold such fraudulent accounts and stop / hold / delete / update all pending and past orders without giving any prior notice or liability. In such a case, we shall owe no liability for any returns or refunds.
6. THIRD-PARTY SERVICES AND EXTERNAL LINKS TO THIRD PARTY WEBSITES
6.1 These terms are applicable to use on a website / application / platform. You may purchase services or/and purchase products or goods or participate in promotional offers of advertisers, sponsors, or members of the website / application / platform. Or visit any external website (third-party website) linked to the website / application / platform. Any such involvement, advertisement, correspondence, promotion or purchase, including making payment for products or goods or services and delivery of the products and goods or services. And any other condition, term, refund, representation and warranty and guarantee associated with such purchase or promotion, correspondence, is between the third party and you. You are only responsible or agree that we have no obligation, any responsibilities or liability for such correspondence, products, goods or service purchase or promotion. Anything you purchase, use or access any external website or a third-party website, and any such contract is only between you and a third party.
6.2 The content on the website / application / platform, including all posts, text, visual interface, user interface, images, photographs, graphics, logos, videos, music, sounds, artwork, documents, banners, and newsletters, are our content (from now on referred to as "content"). The website / application / platform may include third-party website content that is not our work or associated with us. We do not have any access or control over any external website content generated by users as we only play an intermediary role merely for that third-party website content.
6.3 When we expressly allowed (content), any of our website / application / content and it being republished, uploaded, reproduced, encoded, posted, translated, displayed publicly, distributed or transmitted in any way to any other hosting server, site, computer, mobile, laptop or other electronic media for distribution, commercial enterprise or publication, expressly prohibited without prior written permission.
7. PRESCRIPTION MEDICATION POLICY
7.1 The website / application / platform is authorized, trustworthy and fully licensed & regulated pharmacy to run business confidently. We take all precautions to dispense prescription medications & we strictly follow regulations and laws set forth. By placing a prescription medicines order on our website / application / platform, you understand, accept, read and acknowledge the following terms and conditions regarding ordering any medicine that must require a prescription to dispatch.
7.2 You acknowledge, understand and agree that the Company is a mere intermediary or facilitator and does not fall within the purview of the Drugs and Cosmetics Act, 1940 and the rules framed thereunder.
7.3 We the buysm.com strogly bound to follow all rules and regulations mentioned in An act to regulate, distribution and sale of Drugs and Cosmetics. The Drugs and Cosmetics Rules, 1940 are the rules which the government of India established through the Drugs and Cosmetics Act, 1940.
7.4 You must require a valid prescription copy from a licensed or authorized physician to dispatch any prescription medication from our website / application / platform.
7.5 If you want to purchase prescription medication, you confirm that you will upload or send a valid copy of the prescription(s) via WhatsApp, email, or post or upload a prescription(s) on the website / application / platform. And our Qualified Pharmacists check your prescription for approval.
7.6 If our authorized pharmacists have any queries, concerns or questions about the uploaded / sent prescription(s). In such cases, you authorize them to consult or contact doctors about the authenticity and validity of the given prescription.
7.7 The drugs or medical information or data provided in the website / application / platform is uploaded for information purposes only. This website / application / platform is not intended to provide treatment, any medical advice, or diagnosis of disease. We are not responsible or liable for any side effects or adverse effects or any damage or harm to you or users due to using data or information in the platform.
7.8 The user or the caregiver (Read clause 7.7) must read and completely agree or be aware of the side effects of the drugs, indications, any effects of the overdose or a missed dose of the drugs or medicine they purchase or order from us. Before consuming or purchasing any drugs or medicine from the website / application / platform, we request you to please take professional advice from your physician.
7.9 A person who purchases medicine or places an order with the help of your prescription on behalf of you.
7.10 Valid Prescription: Valid Prescription (Medicine Prescription) means a medical prescription legally required for prescription medication or prescription medicine to be dispensed, It is issued for a legitimate medical purpose in the usual course of professional practice by physician or Doctor or Registered Medical Practitioner or health care professional.
7.11 Who can prescribe? No person other than a Doctor or Registered Medical Practitioner or health care professional shall mean any doctor or person who permitted or authorised by Medical Council Of India (MCI) or any Regional council for the registration of Doctor or Medical Practitioners verified and authorised by the state government or government of India.
7.12 We have authorized, trained and registered pharmacists shall prepare, compound, mix or "dispense" any prescription medicine on the prescription of a medical practitioner.
8. COPYRIGHTS IN CONTENT
8.1 The website / application / platform content information, material, and content, including text, graphics, images, sound, videos, infographics, artwork, and presentation, is protected by copyright and other intellectual property rights. All the intellectual property rights or copyright have been licensed to us or owned by us. We retain copyright on all content information, material, content, including text, graphics, images, sound, videos, infographics, artwork, presentation. All the trademarks available on the website / application / platform are licensed to us or owned by us.
8.2 We allow our content to use only your personal computer, laptop, or mobile for personal use. We grant a limited, personal, non-exclusive, non-transferable or revocable licence to you by us. We do not allow any of our content for commercial use. You will sign up and login to our website / application / platform for viewing products, placing an order, using our services, getting benefits of online consultation and processing refunds and returns according to our refund and return policies and for copy, reading, save and printing a copy of the content or information on the website / application / platform for your use. We allow you to store files on your mobile, computer, laptop, tablet or other electronic devices for your personal use only and not for commercial or business purposes.
8.3 You may not (a) copy. We do not allow downloading, storing a copy on a local disk, printing content on paper, posting content on other websites, or other ways. Or Distribution of content like downloading content, performing, displaying, distributing, modifying, altering, altering, reproducing, broadcasting, tamper, enhancing, tamper or scrapping within any content available or uploaded on the website / application / platform. This strict restriction is applicable concerning (a) All website / application / platform live platform content (b) Distribute or copy the data on any other servers, or alter, re-use, update or modify graphics or text on this or any other system. (c) Reproduce, develop or design any part of the website / application / platform or distribute or sell the same work for business purpose or commercial gain nor shall be incorporated or alter or edit or modify in any other work, site or publication, whether in printed hard copy or digital format; including posting text, graphics or content to another website. (d) Remove original, or any copyright, logo, other intellectual property notices or trademark contained in the authorized or original content / material from any content / material printed off or copied from website / application / platform. Or (e) Linking any work, content or material to the website / application / platform, expressly prohibited without prior written permission.
8.4 The copyright license allowed or granted to you or a user or organization does not include a license. (a) Resale or redistribute the products or services or for any business or commercial use of the website / application / platform or content. (b) any collection and product (listings, prices, description). (c) Any use of Services, content or website / application / platform other than as contemplated in these terms. (d) any is downloading without permission or copying user login details, (e) any use of scrapping, robots, data mining, extraction or data gathering tools or software to extract or scrape or copy any parts of the website / application platform. And (f) publishing or creating your database (features parts) of the.
All the trade names or trademarks associated with us and all logos and products indicated with TM are our registered trademarks or trademarks, or they belong to our affiliate partners. We do not allow our trademarks on any other services or products that do not belong to us.
10. LICENSE AND USE OF YOUR CONTENT
10.1 You must grant perpetual, royalty-free, irrevocable, Non-Exclusive Licence and right to use, adapt, reproduce, update, publish, transmit, disseminate, copy, paste, distribute, alter, change, create editorial revisions, elaborations, annotations, or other modifications, to display worldwide, or any work, post, images, material posted by you on website / application / platform without any consideration or any other approval in any form, technology used behind them or media now known or hereinafter developed, for the full legal terms or any legal rights that might be available or applicable or exist in such content,
and you may waive the right to claim on all comments, feedback, suggestions or ideas or any other content or material provided through or on the website / application / platform. You must agree and read to perform all further acts and be required to perfect any given rights that are allowed or granted to us, including execution or implementation of documents and deeds, at its request.
10.2 You understand, agree and read that we do not regularly monitor your posting or content on the website / application / platform, but we have all legal right to do so. However, Suppose we find any inappropriate use of our services or website / application / platform. In that case, We will strictly take action against it in such a way that we deem necessary in its sole discretion. So you agree and understand that we will have all legal rights to take action and report such activity to law enforcement authorities. That may be considered as against our terms and conditions and illegal, as well as the information or reports it receives of such unlawful conduct. When we receive any request, we will cooperate and help the authority of law enforcement to investigate any illegal activity on the website / application / platform.
10.3 Publishing, Updating, Submissions and any unauthorised use of any material or content on the website / application / platform considered as violation of our legal and copyright laws, the laws of privacy and policies, legal trademark laws, certain communications and other important and applicable regulations and laws. You are only responsible for your action or any user who uses your password and user name to do so. As such, you shall hold and indemnify us and our directors, officers, affiliate partners, employees, business partners, agents and licensors harmless against and from any costs, price, loss, liabilities, expenses, damages (include: Attorney's fees) incurred with, to avoid, any damage or claim from an external platform (third-party) that your use of the website / application / platform or use website / application / platform by any person using your password and user name detail, violating any law or regulation or any third party rights.
10.4 We have all reserved the right to suspend, delete, update and terminate accounts and access to this website / application / platform at any time without giving any prior notice. Moreover, Licence (Limited Rights) automatically terminates without any notice to you, If you breach or violate any of the website / application / platform terms and conditions. Once we terminate your access or account, you must delete or destroy any printed and downloaded content and materials. Any provision of the website / application / platform terms and conditions, which create a right or which imposes an impose restrictions / constraints / obligations that, by its nature, it will be valid after expiration and termination of the website / application / platform terms and conditions shall survive any expiration or termination of the website / application / platform legal terms and conditions.
11. USERS WARRANTY AND REPRESENTATION
11.1 You warrant and represent that: (a) Your use of the website / application / platform or any services will not cause any violation of any applicable Drugs and Cosmetics Act, 1940 Law or regulation; (b) All the information or data that is submitted / filled / updated to our website / application / platform and/or services in 100% true, lawful and accurate; (c) Use of the material and content you publish or supply does not breach any legal agreement and will not harm / damage / cause injury to anyone. Suppose we find any information or data supplied by you is inaccurate or false. In that case, we will have the legal right to cancel all placed orders, reject / suspend registration, and block you from using our services and other affiliate partners services in the future without giving any prior notice to you. You agree and understand to indemnify our affiliate partners and us for all claims bought by external services or platforms (third-party) against it or in connection with the breach of Agreement of any of these warranties or its affiliates arising out.
11.2 You will browse, visit, use, and access the website / application / platform for the legal person only and must understand and agree that you will not perform any harmful activity or action to the website / application / platform or content any part of it. You own a limited license and rights to visit / use / access / browse the website / application / platform or use the services, subject to these terms.
11.3 You will not perform any of the following;
11.3.1 Change, modify or delete any content or material available on the website / application / platform, for example, detailed information about the product and services, pricing, sales or their performance;
11.3.2 Don't use any software, malware, engine, virus, agent, tool or other mechanisms (such as robots, worms, virus, malware, bombs, spider, crawler, and scraper) to search or navigate website / application / platform.
11.3.3 Malicious or false statement or post against our website / application / platform, services or us;
11.3.4 Copy, Send, Post, upload, scan, transmit, distribute, store or make available any tool or file or software that is infected by a virus, malware or any other harmful tool or component, or otherwise damage, down or disrupt the website / application / platform or/and service or any communication channel or any network (connected), or otherwise interaction with any entity or person's enjoyment or use of the services or website / application / platform.
11.3.5 Inject any harmful viruses, Trojans or other software (malicious), auto bots or robots or scrappers to scrape the website / application / platform for any data, content or information available on the website.
11.3.6 Scan, probe, insert, test the vulnerability or defect of the server, security, system or any other technical measures designed and implemented by us or practice or attempts to tamper with our internal technical architecture, structure and design.
11.3.7 Introduces any tool or malicious software to hack a website, application or platform.
11.3.8 Get unauthorized access, damage, destroy, update, disrupt, interfere, change, or disrupt the system or server connected to the functionality and service are saved, or any other system, server, database, files or computer connected to the services.
11.3.9 Involve or engage in any form of disruptive, antisocial, or any other act, including "spamming, "flooding", "phishing", "hijacking" "griefing" "trolling" as terms for listed acts is commonly known and understood, and used worldwide on the internet.
11.4 You are / He / She is prohibited from displaying, uploading, posting, hosting, updating, altering, modifying, sharing, copying, printing, transmitting any information through website / application / platform, any information which Include;
11.4.1 The information or content uploaded by users who hold legal rights, which you do not have legal rights;
11.4.2 Information is blasphemous, harassing, harmful, obscene, defamatory, paedophilic, invasive of other person's privacy, pornographic, hateful or information or data which encouraging gambling, cheating or money laundering or any information harmful in any other manner whatsoever;
11.4.3 Information which harms minors (below 18 age) in any way;
11.4.4 Illegally use of any trademark, patent, proprietary right or other copyrights;
11.4.5 Violating any law or regulation for the time being in force;
11.4.6 Using any VPN or other tools to misleads or deceives the sender's actual address of such message or phone call or any other transmit any information or data that is grossly offensive or has menacing character.
11.4.7 Whoever impersonates or attempts to impersonate another person;
11.4.8 Information containing any harmful software virus or any harmful computer code, program or files developed to destroy, interrupt, damage or limit the actual performance, features and functionality of any computer resource.
12. INDEMNIFICATION AND LIMITATION OF LIABILITY
You agree and shall hold and indemnify us and our directors, officers, affiliate partners, employees, business partners, consultants, agents and licensors and representatives from and against any external platform (third-party) claim costs, price, loss, liabilities, expenses, damages (include: Attorney's fees) arising from any visit, use or access to website / application / platform or the services, cause any break in terms and conditions or infringement of third-party intellectual property rights or our or any other legal rights, We will notify you promptly of such loss, liability, loss, demand, or damage, and you agree to provide reasonable support and assistance, at your cost, in defending or settling such loss, damage, cause, cost, or liability.
13. GOVERNING LAWS AND JURISDICTION
These legal terms and conditions shall be governed by and this Agreement interpreted under the applicable laws of India, without giving effect to any choice of law or conflict of law provision or rule of any jurisdiction. You read and agree, Any dispute arising from or in connection with the terms and condition or any dispute arising to the website / application / platform whether in an action of contract, tort or otherwise, submission to the jurisdiction of the court located at Mumbai, Maharashtra, India for the resolution of all such conflict or disputes.
14 UNDERSTANDING FORCE MAJEURE
Understand and Agree, We will not be held responsible or liable for any failure or delay comply in the performance of its obligations if the failure or delay arises from other cause that is beyond our reasonable control.
No condition or No provision in this Agreement will be deemed waived and no breach excused unless such consent or waiver is made in writing and signed by us. Any breach waiver or Any consent by us to, whether ("expressed") or ("implied"), that does not constitute consent to or excuse, waiver of for any subsequent breach of this Agreement.
Suppose any term, covenant, provision or restriction of these Terms and conditions are held by a court of any competent jurisdiction to be impossible to enforce under applicable law in such case. In that case, a provision will be executed from this Agreement. The remainder of this Agreement will be interpreted as if such term or provision were excluded and it will be enforceable by its terms; In such case, this Agreement shall be interpreted to give a great effect to the fullest extent permitted by applicable law. To the meaning, for the purpose and intention of such excluded provision as determined by state or federal district court.
This Agreement and term and condition are subject to modification, amendments and maybe regularly updated from time to time, without giving any prior notice to you. So request you and all, please read and review our terms and conditions as it is available on the website / application / platform. You must read and agree that your relationship with the website / application / platform will be governed by the latest updated version of the terms and conditions, as it is updated on website / application / platform.
19.1 You will also ensure that you must Agree, Read and Understand or comply with the other external platforms (third-party) terms and conditions, for example, terms and conditions of a bank promotion offer, any brand promotional offers, if any links are available in their services. You must agree and understand that we will not be liable or responsible for any transaction or communication between third parties and you.
19.2 These terms and conditions are final and supersede all older, whether written or oral agreement communicated to you by us, to use our services or platform, and any liabilities or any other legal rights concerning any services provided by our website / application / platform shall be limited to the scope of this term.