TERMS AND CONDITIONS OF USE OF THE WEBSITE (CALLED USER AGREEMENT).
Services overview
As part of the registration process on the Site, Pratham
Healthcare may collect the following personally identifiable information about
you: Name including first and last name, alternate email address, mobile phone
number and contact details, Postal code, Demographic profile (like your age,
gender, occupation, education, address etc.) and information about the pages on
the site you visit/access, the links you click on the site, the number of times
you access the page and any such browsing information.
Eligibility
Services of the Site would be available to only select
geographies in India. Persons who are "incompetent to contract"
within the meaning of the Indian Contract Act, 1872 including un-discharged
insolvents etc. are not eligible to use the Site. If you are a minor i.e. under
the age of 18(eighteen) years but at least 13(thirteen) years of age you may
use the Site only under the supervision of a parent or legal guardian who
agrees to be bound by these Terms of Use. If your age is below 18(eighteen)
years your parents or legal guardians can transact on behalf of you if they are
registered users. You are prohibited from purchasing any material which is for adult
consumption and the sale of which to minors is prohibited.
License & Site access
- Pratham
Healthcare grants you a limited sub-license to access and make personal
use of this site and not to download (other than page caching) or modify
it, or any portion of it, except with express written consent of Pratham
Healthcare . This license does not include any resale or commercial use of
this site or its contents; any collection and use of any product listings,
descriptions, or prices; any derivative use of this site or its contents;
any downloading or copying of account information for the benefit of
another merchant; or any use of data mining, robots, or similar data
gathering and extraction tools. This site or any portion of this site may
not be reproduced, duplicated, copied, sold, resold, visited, or otherwise
exploited for any commercial purpose without express written consent of Pratham
Healthcare You may not frame or utilize framing techniques to enclose any
trademark, logo, or other proprietary information (including images, text,
page layout, or form) of the Site or of Pratham Healthcare and its
affiliates without express written consent. You may not use any meta tags
or any other "hidden text" utilizing the Site’s or Pratham
Healthcare ’s name or trademarks without the express written consent of Pratham
Healthcare Any unauthorized use terminates the permission or license
granted by Pratham Healthcare
Account & Registration Obligations
All shoppers have to register and login for placing
orders on the Site. You have to keep your account and registration details
current and correct for communications related to your purchases from the site.
Pricing
All the products listed on the Site will be sold at MRP
unless otherwise specified. The prices mentioned at the time of ordering be the
prices charged on the date of the delivery. In case the prices are higher or
lower on the date of delivery additional charges will be collected or
refunded as the case may be at the time of the delivery of the order.
You Agree and Confirm
- That in
the event that a non-delivery occurs on account of a mistake by you (i.e.
wrong name or address or any other wrong information) any extra cost
incurred by Pratham Healthcare for redelivery shall be claimed from you.
- That
you will use the services provided by the Site, its affiliates,
consultants and contracted companies, for lawful purposes only and comply
with all applicable laws and regulations while using and transacting on
the Site.
- You
will provide authentic and true information in all instances where such
information is requested of you. Pratham Healthcare reserves the right to
confirm and validate the information and other details provided by you at
any point of time. If upon confirmation your details are found not to be true
(wholly or partly), Pratham Healthcare . has the right in its sole
discretion to reject the registration and debar you from using the
Services and / or other affiliated websites without prior intimation
whatsoever.
- That
you are accessing the services available on this Site and transacting at
your sole risk and are using your best and prudent judgment before
entering into any transaction through this Site.
- That
the address at which delivery of the product ordered by you is to be made
will be correct and proper in all respects.
- That
before placing an order you will check the product description carefully.
By placing an order for a product you agree to be bound by the conditions
of sale included in the item's description.
You may not use the Site for any of the following
purposes:
- Disseminating
any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar,
obscene, or otherwise objectionable material.
- Transmitting
material that encourages conduct that constitutes a criminal offence or
results in civil liability or otherwise breaches any relevant laws,
regulations or code of practice.
- Gaining
unauthorized access to other computer systems.
- Interfering
with any other person's use or enjoyment of the Site.
- Breaching
any applicable laws;
- Interfering
or disrupting networks or web sites connected to the Site.
- Making,
transmitting or storing electronic copies of materials protected by
copyright without the permission of the owner.
Colours
We have made every effort to display the colours of our
products that appear on the Website as accurately as possible. However, as the
actual colours you see will depend on your monitor, we cannot guarantee that
your monitor's display of any colour will be accurate.
Modification of Terms & Conditions of Service
- Pratham
Healthcare may at any time modify the Terms & Conditions of Use of the
Website without any prior notification to you. You can access the latest
version of these Terms & Conditions at any given time on the Site. You
should regularly review the Terms & Conditions on the Site. In the
event the modified Terms & Conditions is not acceptable to you, you
should discontinue using the Service. However, if you continue to use the
Service you shall be deemed to have agreed to accept and abide by the modified
Terms & Conditions of Use of this Site.
Governing Law and Jurisdiction
This User Agreement shall be construed in accordance with
the applicable laws of India. The Courts at Mumbai, Indiaalone shall have
exclusive jurisdiction in any proceedings arising out of this agreement.
Reviews, Feedback, Submissions
All reviews, comments, feedback, postcards, suggestions,
ideas, and other submissions disclosed, submitted or offered to the Site on or
by this Site or otherwise disclosed, submitted or offered in connection with
your use of this Site (collectively, the "Comments") shall be and
remain the property of Pratham Healthcare . Such disclosure, submission or
offer of any Comments shall constitute an assignment to Pratham Healthcare of
all worldwide rights, titles and interests in all copyrights and other
intellectual properties in the Comments. Thus, Pratham Healthcare owns
exclusively all such rights, titles and interests and shall not be limited in
any way in its use, commercial or otherwise, of any Comments. Pratham
Healthcare will be entitled to use, reproduce, disclose, modify, adapt, create
derivative works from, publish, display and distribute any Comments you submit
for any purpose whatsoever, without restriction and without compensating you in
any way. Pratham Healthcare is and shall be under no obligation (1) to maintain
any Comments in confidence; (2) to pay you any compensation for any Comments;
or (3) to respond to any Comments. You agree that any Comments submitted by you
to the Site will not violate this policy or any right of any third party,
including copyright, trademark, privacy or other personal or proprietary
right(s), and will not cause injury to any person or entity. You further agree
that no Comments submitted by you to the Website will be or contain libelous or
otherwise unlawful, threatening, abusive or obscene material, or contain
software viruses, political campaigning, commercial solicitation, chain
letters, mass mailings or any form of "spam". Pratham Healthcare . does
not regularly review posted Comments, but does reserve the right (but not the
obligation) to monitor and edit or remove any Comments submitted to the Site.
You grant Pratham Healthcare . the right to use the name that you submit in
connection with any Comments. You agree not to use a false email address,
impersonate any person or entity, or otherwise mislead as to the origin of any
Comments you submit. You are and shall remain solely responsible for the
content of any Comments you make and you agree to indemnify Pratham Healthcare and
its affiliates for all claims resulting from any Comments you submit. Pratham
Healthcare and its affiliates take no responsibility and assume no liability
for any Comments submitted by you or any third party.
Copyright & Trademark
- Pratham
Healthcare its suppliers and licensors expressly reserve all intellectual
property rights in all text, programs, products, processes, technology,
content and other materials, which appear on this Site. Access to this
Website does not confer and shall not be considered as conferring upon
anyone any license under any of Pratham Healthcare or any third party's
intellectual property rights. All rights, including copyright, in this
website are owned by or licensed to Pratham Healthcare . Any use of this
website or its contents, including copying or storing it in whole or
part, other than for your own personal, non-commercial use is prohibited
without the permission of Pratham Healthcare You will not modify,
distribute or re-post anything on this website for any purpose. The names
and logos and all related product and service names, design marks and
slogans are the trademarks or service marks of Pratham Healthcare its
affiliates, its partners or its suppliers. All other marks are the
property of their respective companies. No trademark or service mark
license is granted in connection with the materials contained on this
Site. Access to this Site does not authorize anyone to use any name, logo
or mark in any manner. References on this Site to any names, marks,
products or services of third parties or hypertext links to third party
sites or information are provided solely as a convenience to you and do
not in any way constitute or imply Pratham Healthcare ., endorsement,
sponsorship or recommendation of the third party, information, product or
service. Pratham Healthcare . is not responsible for the content of any
third party sites and does not make any representations regarding the
content or accuracy of material on such sites. If you decide to link to
any such third party websites, you do so entirely at your own risk. All
materials, including images, text, illustrations, designs, icons,
photographs, programs, music clips or downloads, video clips and written
and other materials that are part of this Website (collectively, the
"Contents") are intended solely for personal, non-commercial
use. You will download or copy the Contents and other downloadable
materials displayed on the Website for your personal use only. No right,
title or interest in any downloaded materials or software is transferred
to you as a result of any such downloading or copying. You will not
reproduce (except as noted above), publish, transmit, distribute, display,
modify, create derivative works from, sell or participate in any sale of
or exploit in any way, in whole or in part, any of the Contents, the
Website or any related software. All software used on this Website is the
property of Pratham Healthcare or its licensees and suppliers and
protected by Indian and international copyright laws. The Contents and
software on this Website may be used only as a shopping resource. Any
other use, including the reproduction, modification, distribution,
transmission, republication, display, or performance, of the Contents on
this Website is strictly prohibited. Unless otherwise noted, all Contents
are copyrights, trademarks, and/or other intellectual property
owned, controlled or licensed by Pratham Healthcare . one of its
affiliates or by third parties who have licensed their materials to Pratham
Healthcare and are protected by Indian and international copyright
laws. The compilation (meaning the collection, arrangement, and assembly)
of all Contents on this Website is the exclusive property of Pratham
Healthcare . and is also protected by Indian and International copyright
laws.
Objectionable Material
You understand that by using this Site or any services
provided on the Site, you may encounter Content that may be deemed by some to
be offensive, indecent, or objectionable, which Content may or may not be
identified as such. You agree to use the Site and any service at your sole risk
and that to the fullest extent permitted under applicable law, Pratham
Healthcare and its affiliates shall have no liability to you for Content that
may be deemed offensive, indecent, or objectionable to you.
Indemnity
You agree to defend, indemnify and hold harmless Pratham
Healthcare . its employees, directors, officers, agents and their successors
and assigns from and against any and all claims, liabilities, damages, losses,
costs and expenses, including attorney's fees, caused by or arising out of
claims based upon your actions or inactions, which may result in any loss or
liability to Pratham Healthcare . or any third party including but not limited
to breach of any warranties, representations or undertakings or in relation to
the non-fulfillment of any of your obligations under this User Agreement or
arising out of the your violation of any applicable laws, regulations including
but not limited to Intellectual Property Rights, payment of statutory dues and
taxes, claim of libel, defamation, violation of rights of privacy or publicity,
loss of service by other subscribers and infringement of intellectual property
or other rights. This clause shall survive the expiry or termination of this
User Agreement.
Termination
This User Agreement is effective unless and until
terminated by either you or Pratham Healthcare You may terminate this
User Agreement at any time, provided that you discontinue any further use of
this Site. Pratham Healthcare may terminate this User Agreement at any
time and may do so immediately without notice, and accordingly deny you access
to the Site. Such termination will be without any liability to Pratham Healthcare
. Upon any termination of the User Agreement by either you or Pratham
Healthcare you must promptly destroy all materials downloaded or
otherwise obtained from this Site, as well as all copies of such materials,
whether made under the User Agreement or otherwise. Pratham Healthcare s right
to any Comments shall survive any termination of this User Agreement. Any such
termination of the User Agreement shall not cancel your obligation to pay for
the product already ordered from the Website or affect any liability that may
have arisen under the User Agreement.