WITH EFFECT FROM 15th July 2015
PROMPT ERP LIMITED (“PEL”) is the author and publisher of the internet resource www.prompt.in and the mobile applications ‘Rxlive’,’Chemistlive’,’Liveorder’,’Chemistorder’ (together, “Website / Mobile Application”). PEL owns and operates the services provided through the Website / Mobile Application.
1.NATURE AND APPLICABILITY OF TERMS
The Agreement applies to you whether you are -
i. A pharmacy owner (whether an individual professional or an organization) or similar institution wishing to be listed, or already listed, on the Website / Mobile Application, including designated, authorised associates of such organizations or institutions (“Owner(s)”, “you” or “User”); or
ii. A pharma distributor (whether an individual professional or an organization) or similar institution wishing to be listed, or already listed, on the Website / Mobile Application, including designated, authorised associates of such organizations or institutions (“Owner(s)”, “you” or “User”); or
iii.A patient, his/her representatives or affiliates, searching for Pharmacies through the Website / Mobile Application / Mobile Application (“End-User”,“you” or “User”); or
iv.Otherwise a user of the Website / Mobile Application/Mobile Application (“you” or “User”).
This Agreement applies to those services made available by PEL on the Website / Mobile Application, which are offered chargeable to the Users (“Services”), including the following:
i.For Pharmacy Owner: Listing of Pharmacies and their profiles and contact details, to be made available to the other Users and visitors to the Website / Mobile Application;
ii.For Pharma Distributors: Listing of their business and their profiles and contact details, to be made available to the other users and visitors to the Website / Mobile Application;
ii.For other Users: Facility to (i) create and maintain ‘Accounts / Subscription’, (ii) search for Pharmacies / Pharma Distributors by name and geographical area, or any other criteria that may be developed and made available by PEL, and (iii) to place order to Pharma Distributors / Pharmacies.
The Services may change from time to time, at the sole discretion of PEL, and the Agreement will apply to your visit to and your use of the Website / Mobile Application to avail the Service, as well as to all information provided by you on the Website / Mobile Application at any given point in time.
This Agreement defines the terms and conditions under which you are allowed to use the Website / Mobile Application and describes the manner in which we shall treat your account while you areregistered as a member with us. If you have any questions about any part of the Agreement, feel free to contact us at firstname.lastname@example.org.
By downloading or accessing the Website / Mobile Application to use the Services, you irrevocably accept all the conditions stipulated in this Agreement and agree to abide by them. This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you. By availing any Service, you signify your agreement to this Agreement.
We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time, and such modifications shall be informed to you in writing You should read the Agreement at regular intervals. Your use of the Website / Mobile Application following any such modification constitutes your agreement to follow and be bound by the Agreement so modified. Any additional terms and conditions, disclaimers, privacy policies and other policies applicable in general and/ or to specific areas of this Website / Mobile Application or to particular Service are also considered as part of the Agreement.
You acknowledge that you will be bound by this Agreement for availing any of the Services offered by us. If you do not agree with any part of the Agreement, please do not use the Website / Mobile Application or avail any Services.
Your access to use of the Website / Mobile Application and the Services will be solely at the discretion of PEL.
The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:
i.the Indian Contract Act, 1872,
ii.the (Indian) Information Technology Act, 2000, and
iii.the rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”).
2.CONDITIONS OF USE
You must be 18 years of age or older to register, use the Services, or visit or use the Website / Mobile Application in any manner. By registering, visiting and using the Website / Mobile Application or accepting this Agreement, you represent and warrant to PEL that you are 18 years of age or older, and that you have the right, authority and capacity to use the Website / Mobile Application and the Services available through the Website / Mobile Application, and agree to and abide by this Agreement.
The terms in this paragraph 3 are applicable only to Users other than Pharmacy / Pharma Distribution owner(s).
3.1END-USER ACCOUNT AND DATA PRIVACY
3.1.2PEL may by its Services, collect information relating to the devices through which you access the Website / Mobile Application, and anonymous data of your usage. The collected information will be used only for improving the quality of PEL’s services and to build new services.
3.1.2The Website / Mobile Application allows PEL to have access to registered Users’ personal email or phone number, for communication purpose so as to provide you a better way of buying / selling / ordering medicines and for obtaining feedback in relation to the Pharmacy / Pharma Distributors and their services.
i.The type of information collected from Users, including sensitive personal data or information;
ii.The purpose, means and modes of usage of such information;
iii.How and to whom PEL will disclose such information; and,
iv.Other information mandated by the SPI Rules.
i.the fact that certain information is being collected;
ii.the purpose for which the information is being collected;
iii.the intended recipients of the information;
iv.the nature of collection and retention of the information; and
v.the various rights available to such Users in respect of such information.
3.1.5PEL shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User to PEL or to any other person acting on behalf of PEL.
3.1.7The User is responsible for maintaining the confidentiality of the User’s account access information and password, if the User is registered on the Website / Mobile Application. The User shall be responsible for all usage of the User’s account and password, whether or not authorized by the User. The User shall immediately notify PEL of any actual or suspected unauthorized use of the User’s account or password. Although PEL will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of PEL or others due to such unauthorized use.
3.1.8If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or PEL has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, PEL has the right to discontinue the Services to the User at its sole discretion.
3.1.9PEL may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.
i.Your account is only created after you have signed up and explicitly accepted these Terms.
ii.Information available in your Account is of two types:
(a)Patient-created: Information generated and uploaded by you.
(b)Practice-created: Information generated by your interaction with a Pharmacy / Pharma Distribution owner or its representatives who uses ‘Chemistlive’,’Liveorder’,’Chemistorder’ or http://inforserver.in or other Services of software.
iii.Any Practice created information is provided on an as-is basis and PEL does not validate the said information and makes no representation in connection therewith. You should contact the relevant Person in case you wish to point out any discrepancies or add, delete, or modify the information in any manner.
iv.The services are provided on a best-efforts as-is basis. While we strive to maintain the highest levels of service availability, PEL is not liable for any interruption that may be caused to your access of the Services.
v.The SMS notification provided is only a supplementary way of reminding you to do needful. PEL is not liable if for any reason SMS notifications are not delivered to you or are delivered late or delivered incorrectly, despite its best efforts. In case you
do not wish to receive the SMS notificationss, you can request relevant person to not enable it.
vi.It is your responsibility to keep your correct mobile number and email ID updated in the Mobile application / Website. The records will be sent to the account associated with this mobile number and/or email ID. Every time you change any contact information (mobile or email), we will send a confirmation and will verify. PEL is not responsible for any loss or inconvenience caused due to non-updation of your contact details.
vii.PEL uses industry–level security and encryption to your usage. However, PEL cannot guarantee prevent unauthorized access if you lose your login credentials or they are otherwise compromised. Please safeguard your login credentials and report any actual suspected breach of account to email@example.com.
viii.If you access your dependents’ record through your Account by registering your dependents with your own Account, you are deemed to be responsible for the records of your dependents and all obligations that your dependants would have had they maintained their own separate individual Accounts.
3.3LISTING CONTENT AND DISSEMINATING INFORMATION
3.3.1PEL collects, directly or indirectly, and displays on the Website / Mobile Application, relevant information regarding the profile and services of the Pharma Distributors / Pharmacies listed on the Website / Mobile Application, such as their location, Stock Position (Yes/No), Offers, Open hours, andsimilar details. PEL takes reasonable efforts to ensure that such information is updated at frequent intervals. Although PEL screens and vets the information and photos submitted by the Pharma Distributors / Pharmacies, it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.
3.3.2The Services provided by PEL or any of its licensors or service providers are provided on an "as is" and “as available’ basis, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title andnon-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). PEL does not provide or make any representation, warranty or guarantee, express or implied about the Website / Mobile Application or the Services. PEL does not guarantee the accuracy or completeness of any content or information provided by Users on the Website / Mobile Application. To the fullest extent permitted by law, PEL disclaims all liability arising out of the User’s use or reliance upon the Website / Mobile Application, the Services, representations and warranties made by other Users, the content or information provided by the Users on the Website / Mobile Application, or any opinion or suggestion given or expressed by PEL or any User in relation to any User or services provided by such User.
3.3.3The Website / Mobile Application may be linked to the Website / Mobile Application of third parties, affiliates and business partners. PEL has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such Website / Mobile Applications or made available by/through our Website / Mobile Application. Inclusion of any link on the Website / Mobile Application does not imply that PEL endorses the linked site. User may use the links and these services at User’s own risk.
3.3.4PEL assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the Website / Mobile Application or the downloading of any material, data, text, images, video content, or audio content from the Website / Mobile Application. If a User is dissatisfied with the Website / Mobile Application, User’s sole remedy is to discontinue using the Website / Mobile Application.
3.3.5If PEL determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, PEL reserves the right to immediately suspend your access to the Website / Mobile Application or any of your accounts with PEL and makes such declaration on the Website / Mobile Application alongside your name/your clinic’s name as determined by PEL for the protection of its business and in the interests of Users. You shall be liable to indemnify PEL for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected PEL or its Users.
3.4ORDER BOOKING / ORDER PLACING / PRESCRIPTION UPLOAD AND INTERACTION WITH RELEVANT PERSONS
3.4.1.While PEL will try to ensure a confirmed appointment for a End-User who requested an order on Website / Mobile Application, PEL does not guarantee that a patient / pharmacy owner / Pharma distributorwill get a confirmed medicines. Further, PEL has no liability if such order isconfirmed but later cancelled by owner(s) or the owner(s) are not available as per the given order.
3.4.3You understand and agree that any interactions and associated issues with other Users including but not limited to your health issues and your experiences is strictly between you and the other Users. You shall not hold PEL responsible for any such interactions and associated issues. For avoidance of doubt, PEL is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any outcome between you and the Practitioner you interact with, pursuant to any interactions on the Website / Mobile Application. If you decide to engage with a Pharmacy owner to provide medicines and delivery services to you, you do so at your own risk. The results of any search you perform on the Website / Mobile Application for Pharmacies should not be construed as an endorsement by PEL of any such particular Practitioner. PEL shall not be responsible for any breach of service or service deficiency. We cannot assure nor guarantee the ability or intent of the Practitioner(s) to fulfill their obligations towards you. We advise you to perform your own investigation prior to selecting a Pharmacy / Pharma Distributors.
3.4.4Without prejudice to the generality of the above, PEL will not be liable for:
i. any wrong medicines and poor quality being given by the Pharmacy(s), Pharma Distributors or any medical negligence on part of the Practitioner(s);
ii.any type of inconvenience suffered by the User due to a failure on the part of the Practitioner / Pharmacy / Pharma Distributor to provide agreed services;
iii.any misconduct or inappropriate behaviour by the Pharmacies / Pharma Distributors / Pharmacy / Pharma Distributors / Practitioners or their staff;
iv.cancellation or rescheduling of booked / placed orders or any variance in the rates charged;
v. any eventualities that might occur subsequent to using the services of a Pharmacy / Pharma Distributor / Pharmacy / Pharma Distributors / Practitioners, whom the User has selected on the basis of the information available on the Website / Mobile Application or with whom the User has booked / placed an order through the Website / Mobile Application.
3.4.5Further, PEL shall not be liable, under any event, for any comments or feedback given by any of the Users in relation to the services provided by another User. All such feedback should be made in accordance with applicable law. The option of Users to give feedback remains at PEL’s sole discretion and may be modified or withdrawn at its sole discretion. PEL may moderate such feedback at any time. PEL shall not be obliged to act in any manner to give effect to the content of Users’ feedback, such as suggestions for delisting of a particular Pharmacy / Pharma Distributor / Practitioner from the Website / Mobile Application.
3.5 CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS
3.5.1The contents listed on the Website / Mobile Application are (i) User generated content, or (ii) belong to PEL. The information that is collected by PEL directly or indirectly from the End- Users and the Pharmacy / Pharma Distributors / Practitioners shall belong to PEL. Copying of the copyrighted content published by PEL on the Website / Mobile Application for any commercial purpose or for the purpose of earning profit will be a violation of copyright and PEL reserves its rights under applicable law accordingly.
3.6.2PEL authorizes the User to view and access the content available on or from the Website / Mobile Application solely for ordering, receiving, delivering and communicating only as per this Agreement. The contents of the Website / Mobile Application, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Website / Mobile Application (collectively, "PEL Content"), are the property of PELand are protected under copyright, trademark and other laws. User shall not modify the PEL Content or reproduce, display, publicly perform, distribute, or otherwise use the PEL Content in any way for any public or commercial purpose or for personal gain.
3.6.3User shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
3.6REVIEWS AND FEEDBACK
You are solely responsible for the content that you choose to submit for publication on the Website / Mobile Application, including any feedback, ratings, or reviews (“Critical Content”) relating to Pharmacy / Pharma Distributor / Pharmacy / Pharma Distributors / Practitioners or other healthcare professionals. The role of PEL in publishing Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. PEL disclaims all responsibility with respect to the content of Critical Content, and its role with respect to such content is restricted to its obligations as an ‘intermediary’ under the said Act. PEL shall not be liable to pay any consideration to any User fore-publishing any content across any of its platforms.
Your publication of reviews and feedback on the Website / Mobile Application is governed by Paragraph 6 of these Terms. Without prejudice to the detailed terms stated in Paragraph 6, you hereby agree not to post or publish any content on the Website / Mobile Application that (a) infringes any third-party intellectual property or publicity or privacy rights, or (b) violates any applicable law or regulation, including but not limited to the IG Rules and SPI Rules. PEL, at its sole discretion, may choose not to publish your reviews and feedback, if so required by applicable law, and in accordance with Paragraph 6 of these Terms. You agree that PEL may contact you through telephone, email, SMS, or any other electronic means of communication for the purpose of:
i.Obtaining feedback in relation to Website / Mobile Application or PEL’s services; and/or
ii.Obtaining feedback in relation to any Pharmacy / Pharma Distributor / Pharmacy / Pharma Distributors / Practitioners listed on the Website / Mobile Application; and/or
iii.Resolving any complaints, information, or queries by Pharmacy / Pharma Distributor / Pharmacy / Pharma Distributors / Practitioners regarding your Critical Content;
and you agree to provide your fullest co-operation further to such communication by PEL.
PEL’s Feedback Collection and Fraud Detection Policy, is annexed as the Schedule hereto, and remains subject always to these Terms.
The terms in this paragraph 4 are applicable only to Pharmacy / Pharma Distributors / Practitioners.
4.1.1PEL, directly and indirectly, collects information regarding the Pharmacy / Pharma Distributors / Practitioners’ profiles, contact details, and practice, and publishes these details on the Website / Mobile Application. On a Pharmacy’s / Pharma Distributor’s / Practitioner’s request, PEL may take down any part of such Pharmacy’s / Pharma Distributor’s / Practitioner’s profile on the Website / Mobile Application, provided, however, that PEL shall at no time be under any obligation to take down publicly available information about a Practitioner, his/her profile, contact details and/or practice. All information regarding the Pharmacy / Pharma Distributors / Practitioners’ profiles, contact details, and practice is collected for the purpose of facilitating interaction between and among End-Users,members of the public and Pharmacy / Pharma Distributors / Practitioners. If any information displayed on the Website / Mobile Application in connection with you and your profile is found to be incorrect, you are required to inform PEL immediately to enable PEL to make the necessary amendments.
4.1.2PEL shall not be liable and responsible for the ranking of the Pharmacy / Pharma Distributors / Practitioners on external Website / Mobile Applications and search engines.
4.1.4PEL reserves the right to moderate the suggestions made by the Pharmacy / Pharma Distributors / Practitioners through feedback and the right to remove any abusive or inappropriate or promotional content added on the Website / Mobile Application. However, PEL shall not be liable if any inactive, inaccurate, fraudulent, or non- existent profiles of Pharmacy / Pharma Distributors / Practitioners are added to the Website / Mobile Application.
4.1.5PEL reserves the right to publish the User information to a third party, subject to prior explicit informed consent from the User.
4.1.6 You as a Pharmacy / Pharma Distributor / Practitioner hereby represent and warrant that you will use the Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and PEL accepts no liability for the same.
4.2PROFILE OWNERSHIP AND EDITING RIGHTS
PEL ensures easy access to the Pharmacy / Pharma Distributor / Practitioner by providing a tool to update your profile information. PEL reserves the right of ownership of all the Pharmacy’s / Pharma Distributor’s / Practitioner’s profile and photographs and to moderate the changes or updates requested by Pharmacy / Pharma Distributor / Practitioner. However, PEL takes the independent decision whether to publish or reject the requests submitted for the respective changes or updates. You hereby represent and warrant that you are fully entitled under law to upload all content uploaded by you as part of your profile or otherwise while using PEL’s services, and that no such content breaches any third party rights, including intellectual property rights. Upon becoming aware of a breach of the foregoing representation, PEL may modify or delete parts of your profile information at its sole discretion with or without notice to you.
4.3REVIEWS AND FEEDBACK DISPLAY RIGHTS OF PEL
4.3.1All Critical Content is content created by the Users of www.PEL.com (“Website / Mobile Application”) and the clients of PEL customers and Pharmacy / Pharma Distributors / Practitioners, including the End-Users. As a platform, PEL does not take responsibility for Critical Content and its role with respect to Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. The role of PEL and other legal rights and obligations relating to the Critical Content are further detailed in Paragraphs 3.6 and 6 of these Terms. PEL’s Feedback Collection and Fraud Detection Policy, is annexed as the Schedule hereto, and remains subject always to these Terms.
4.3.2PEL reserves the right to collect feedback and Critical Content for all the Pharmacy / Pharma Distributors / Practitioners, Clinics and Healthcare Providers listed on the Website / Mobile Application.
4.3.3PEL shall have no obligation to pre-screen, review, flag, filter, modify, refuse or remove any or all Critical Content from any Service, except as required by applicable law.
4.3.4You understand that by using the Services you may be exposed to Critical Content or other content that you may find offensive or objectionable. PEL shall not be liable for any effect on Pharmacy’s / Pharma Distributor’s / Practitioner’s business due to Critical Content of a negative nature. In these respects, you may use the Service at your own risk. PEL however, as an ‘intermediary, takes steps as required to comply with applicable law as regards the publication of Critical Content. The legal rights and obligations with respect to Critical Content and any other information sought to be published by Users are further detailed in Paragraphs 3.6 and 6 of these Terms.
4.3.5PEL will take down information under standards consistent with applicable law, and shall in no circumstances be liable or responsible for Critical Content, which has been created by the Users. The principles set out in relation to third party content in the terms of Service for the Website / Mobile Application shall be applicable mutatis mutandis in relation to Critical Content posted on the Website / Mobile Application.
4.3.6If PEL determines that you have provided inaccurate information or enabled fraudulent feedback, PEL reserves the right to immediately suspend any of your accounts with PEL and makes such declaration on the Website / Mobile Applicationalongside your name/your premises name as determined by PEL for the protection of its business and in the interests of Users. You shall be liable to indemnify PEL for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected PEL or its Users.
4.4 INDEPENDENT SERVICES
Your use of each Service confers upon you only the rights and obligations relating to such Service, and not to any other service that may be provided by PEL.
5.PEL REACH RIGHTS
PEL reserves the rights to display sponsored ads on the Website / Mobile Application. These ads would be marked as“Sponsored Listings”. Without prejudice to the status of other content, PEL will not be liable for the accuracy of information or the claims made in the Sponsored Listings. PEL does not encourage the Users to visit the Sponsored Listings page or to avail any services from them. PEL will not be liable for the services of the providers of the Sponsored Listings.
You represent and warrant that you will use these Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and PEL accepts no liability for the same.
6.RIGHTS AND OBLIGATIONS RELATING TO CONTENT
6.1As mandated by Regulation 3(2) of the IG Rules, PEL hereby informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:
i.belongs to another person and to which the User does not have any right to;
ii.is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
iii.harm minors in any way;
iv.infringes any patent, trademark, copyright or other proprietary rights;
v.violates any law for the time being in force;
vi.deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
vii.impersonate another person;
viii.contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
ix.threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
6.2Users are also prohibited from:
i.violating or attempting to violate the integrity or security of the Website / Mobile Application or any PEL Content;
ii.transmitting any information (including job posts, messages and hyperlinks) on or through the Website / Mobile Application that is disruptive or competitive to the provision of Services by PEL;
iii.intentionally submitting on the Website / Mobile Application any incomplete, false or inaccurate information;
iv.making any unsolicited communications to other Users;
v.using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website / Mobile Application;
vi.attempting to decipher, decompile, disassemble or reverse engineer any part of the Website / Mobile Application;
vii.copying or duplicating in any manner any of the PEL Content or other information available from the Website / Mobile Application;
viii.framing or hot linking or deep linking any PEL Content.
6.3PEL, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information (as mentioned above) generated by Users, or on being notified by the appropriate Government or its agency that the Website / Mobile Application is being used by the User to commit any unlawful act and/or is being used in violation of Paragraphs 6.1 and 6.2 above, shall be entitled to remove or disable access to the material or information that is in contravention of this Paragraph 6. PEL is entitled to act, as required by the IG Rules, within thirty six hours of obtaining such knowledge and, where applicable, work with Users to disable such information that is in contravention of applicable law. PEL shall also be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.
6.5PEL may disclose or transfer User-generated information to its affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer. PEL will comply with any duly-issued government or court directions to disable access to theUser-generated information, should it be found to be illegal by a competent governmental authority.
7.1PEL reserves the right to suspend or terminate a User’s access to the Website / Mobile Application and the Services with or without notice and to exercise any other remedy available under law, in cases where,
i.Such User breaches any terms and conditions of the Agreement;
ii.A third party reports violation of any of its right as a result of your use of the Services
iii.PEL is unable to verify or authenticate any information provide to PEL by a User;
iv.PEL has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or
v.PEL believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for PEL or are contrary to the interests of the Website / Mobile Application.
7.2Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Website / Mobile Application under the same account, a different account or re-registerunder a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the Website / Mobile Application by such User. The User shall ensure that he/she/it has continuous backup of any medical services the User has rendered in order to comply with the User’s record keeping process and practices.
8.LIMITATION OF LIABILITY
In no event, including but not limited to negligence, shall PEL, or any of its directors, officers, employees, agents or content or service providers (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Website / Mobile Application or the content, materials and functions related thereto, the Services, User’s provision of information via the Website / Mobile Application, lost business or lost End-Users, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for:
i.provision of or failure to provide all or any service by Pharmacy / Pharma Distributors / Practitioners to End- Users contacted or managed through the Website / Mobile Application;
ii.any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website / Mobile Application;
iii.any unauthorized access to or alteration of your transmissions or data; or
iv.any other matter relating to the Website / Mobile Application or the Service.
In no event shall the total aggregate liability of the Protected Entities to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from this Agreement or a User’s use of the Website / Mobile Application or the Services exceed, in the aggregate Rs. 1000/- (Rupees One Thousand Only).
User agrees to indemnify and hold harmless PEL, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from User’s access to or use of Service, violation of this Agreement, or infringement, or infringement by any other User of his/her/its account, of any intellectual property or other right of any person or entity. PEL will notify you promptly of any such claim, loss, liability, or demand, and in addition to your foregoing obligations, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
10.APPLICABLE LAW AND DISPUTE SETTLEMENT
10.1You agree that this Agreement and any contractual obligation between PEL and User will be governed by the laws of India.
10.2Any dispute, claim or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, or your use of the Website / Mobile Application or the Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by PEL. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Rajkot. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.
10.3Subject to the above Paragraph 10.2, the courts at Rajkot shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the Website / Mobile Application or the Services or the information to which it gives access.
11.CONTACT INFORMATION GRIEVANCE OFFICER
11.1If a User has any questions concerning PEL, the Website / Mobile Application, this Agreement, the Services, or anything related to any of the foregoing, PEL customer support can be reached at the following email firstname.lastname@example.org or via the contact information available from the following hyperlink:www.prompt.in/contact.
11.2In accordance with the Information Technology Act, 2000, and the rules made there under, if you have any grievance with respect to the Website / Mobile Application or the service, including any discrepancies and grievances with respect to processing of information, you can contact our Grievance Officer at:
Name: Hiren Savjiyani
Designation: Head – Customer Experience
Address: 27/2, Galaxy Commercial Centre, Jawahar Road, Rajkot – 360001 Email: email@example.com
Telephone: +91-9824088800 (Ask to be connected to the Grievance Officer)
In the event you suffer as a result of access or usage of our Website / Mobile Application by any person in violation of Rule 3 of the IG Rules, please address your grievance to the above person.
If any provision of the Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of the Agreement shall be
interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.
No provision of this Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by PEL. Any consent by PEL to, or a waiver by PEL of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
PROVISIONS CONTAINED ABOVE