Terms and Conditions

TECHNOLOGY THAT IS INTUITIVE AND INCLUSIVE

TERMS OF USE OF THE WEBSITE

This document is an electronic record in terms of Information Technology Act, 2000 and rules framed thereunder and any other applicable statutes under the laws of the Republic of India. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This policy as read with the Privacy Policy contained in our Website shall constitute a legal binding contract between you and Imedz Systems Private Limited ("Imedz").

You agree that by accessing, browsing or otherwise using the website you indicate your agreement to all the terms and conditions in this agreement, so please read this agreement carefully before proceeding.

All products and services made available under this Website, either directly or indirectly to you shall be subject primarily to the provisions of the Act and any other law made applicable from time to time. You agree by using this Website that you are not violating any provisions of the Act and by viewing this website and availing any products and services facilitated by us through this Website.

The domain name 'www.IMEDZ.com' (hereinafter referred to as "Website") is registered and owned by IMEDZ SYSTEMS PVT. LTD (hereinafter referred to as "Owner"). The term Owner hereunder means and includes its affiliates, successors and assigns, where applicable.

The reference to Owner hereunder shall mean reference to any and all of the Owner's affiliates, agents or persons claiming under the owner in respect of any rights and liabilities accruing to such persons by access or use of this site or the services thereof. The Owner asserts its right to operate and administer the Website and reserves all rights pertaining to the Website and the contents therein.

Owner, inter alia, is in the business of facilitating online orders for "Doctors and Patients"("Products") for sale by third party retail outlets licensed to sell such Products (hereinafter referred to as "Service") through the Website.

Any use of this Website operated by Owner is conditional on your acceptance of these terms and conditions of use ("Terms of Use") and extends to our stated Privacy Policy. If You use the Website, You shall be subject to the policies that are applicable to the Website for such use. By mere use of the Website, You shall be contracting with the Owner and these terms and conditions constitute Your binding obligations, with the Owner. If you do not agree with the whole or any part of the Agreement hereunder, kindly exit from this Website immediately.

For the purpose of these Terms of Use, wherever the context so requires 'You', 'Your' or 'User' shall mean any natural or legal person who has agreed to become a member of the Website by providing Registration Data while registering on the Website as Registered User. Owner also allows User to surf the Website or place orders for Products without registering on the Website. The term "we", "us", "our" shall mean the Owner.

We reserve the right to amend these Terms of Use from time to time without notice and at our sole discretion. As such, it is your responsibility to review these stated Terms of Use at regular intervals.

We reserve the right to amend, modify, discontinue or suspend all or part of this Website and may restrict your access to all or part of the Website at any time without notice or liability.

We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.

Your Account and Registration Obligations:

If You use the Website, You shall be responsible for maintaining the confidentiality of your User ID and Password and You shall be responsible for all activities that occur under your User ID and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms of Use, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Website and refuse to provide You with access to the Website.

Communications:

When You use the Website or send emails or other data, information or communication to us, You agree and understand that You are communicating with us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with You by email or by such other mode of communication, electronic or otherwise. You also agree and accept that sharing your contact details including mobile phone numbers or other telephone numbers in the Website while placing Your order is for facilitating the delivery is for the purpose of use, confirmation and delivery update to You and You expressly allow us to contact you over your phone, irrespective of your registration status with the 'National Do not Disturb Registry'

Charges:

Use of Services on the Website is free. There is no charge or fee for browsing and placing order for the Software on the Website. However we reserve the right to charge fee and change its policies from time to time. In particular, we may at our sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event, We reserve, without notice to You, the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the fee and related policies shall automatically become effective immediately once implemented on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to us.

Use of the Website :

You agree, undertake and confirm that your use of Website shall be strictly governed by the following binding principles:

1.You shall not host, display, upload, modify, publish, transmit, update or share any information which:

(a) belongs to another person and to which You do not have any right to.

(b) is misleading in any way.

(c) infringes upon or violates any third party's rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of personal information, protected health infomration];

(d) promotes an illegal or unauthorized copy of another person's copyrighted work (see "Copyright complaint" below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;

(e) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);

(f) tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;

(g) engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" items related to the Website. Throughout this Terms of Use, Owner's prior written consent" means a communication coming from Owner, specifically in response to your request, and specifically addressing the activity or conduct for which you seek authorization;

(h) interferes with another user's use and enjoyment of the Website or any other individual's user and enjoyment of similar services;

(i) refers to any website or URL that, in Our sole discretion, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use.

(j) harms minors in any way;

(k) infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items;

(l) violates any law for the time being in force;

(m) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

(n) impersonates another person;

(o) contains software viruses or any other computer codes, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;

(p) 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 cognizable offence or prevents investigation of any offence or is insulting any other nation.

(q) shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.

(r) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;

2. You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve our right to bar any such activity.

3. You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password "mining" or any other illegitimate means.

4. You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website.

5. You may not use the Website or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Owner and / or others.

6. Solely to enable us to use the information You supply us with, so that we are not violating any rights You might have in your Information, You agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights You have in Your Information, in any media now known or not currently known, with respect to your Information. We will only use your information in accordance with the terms of use and Privacy Policy applicable to use of the Website.

Content :

Except as expressly provided in these Terms of Use, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without our express prior written consent.

You shall be responsible for any notes, messages, e-mails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Website (collectively, " Content"). Such Content will become our property and You grant us the worldwide, perpetual and transferable rights in such Content. We shall be entitled to, consistent with our Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the Content You provide. You agree that any Content You post may be used by us, consistent with our Privacy Policy and Rules of Conduct on Site as mentioned herein, and You are not entitled to any payment or other compensation for such use.


Privacy :

Please refer to our Privacy Policy in the Website.

Disclaimer Of Warranties And Liability :

We take utmost care in ensuring the highest level of accuracy about the content made available to you on this Website. However, this Website, the Software, Products and other Services, included on or otherwise made available to you through this site are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, we are unable to accept responsibility for interrupted access to the Website due to technical problems outside of our control. Due to the nature of the Internet, access may be suspended, restricted or interrupted at any time, and we are therefore unable to guarantee entirely error-free access and services. We do not warrant that:

· This Website will be constantly available, or available at all; or

· The information on this Website is complete, true, accurate or non-misleading.

We do not warrant that this site; information, Content, Products or Services included on or otherwise made available to You through the Website; their servers; or electronic communication sent from us are free of viruses or other harmful components.

Nothing on Website constitutes, or is meant to constitute, advice of any kind.

The use of this website does not create any legal or binding relationship between You and the Owner and You specifically understand that this Website only facilitates the order for purchase of the Software through any licensed vendors. Your liability however to pay for the Products delivered to you shall create a binding legal contractual obligation between you and the licensed vendor who supplies the Products ordered on this Website by You and You agree that such third party vendors have privity of contract with You in respect of your orders place on this Website.

You will be required to enter a valid phone number while placing an order on the Website. By registering Your phone number with us, You consent to be contacted by us via phone calls and / or SMS notifications, in case of any order or shipment or delivery related updates. We will not use your personal information to initiate any promotional phone calls or SMS.

Intellectual Property Rights :

It is hereby specifically recorded that the copyright and other Intellectual Property in the proprietary names, marks, images or any other material of whatsoever nature available on the Website is the sole and exclusive property of the Owner or the respective third parties as applicable. All rights in such material shall vest entirely in the Owner or the respective third parties having ownership of such rights. Intellectual Property Rights for the purpose of this Agreement shall always mean and include copyrights whether registered or not, patents including rights of filing patents, trademarks, trade names, trade dresses, house marks, collective marks, associate marks and the right to register them, designs both industrial and layout, geographical indicators, moral rights, broadcasting rights, displaying rights, distribution rights, selling rights, abridged rights, translating rights, reproducing rights, performing rights, communicating rights, adapting rights, circulating rights, protected rights, joint rights, reciprocating rights, infringement rights. All those Intellectual Property rights arising as a result of domain names, internet or any other right available under applicable law shall vest in the domain of the Owner as the owner of such domain name. The Parties hereto agree and confirm that no part of any Intellectual Property rights mentioned hereinabove is transferred in the name of User and any intellectual property rights arising as a result of these presents shall also be in the absolute ownership, possession and our control.

Indemnity :

You shall indemnify and hold harmless Owner, licensee, affiliates, subsidiaries, associates and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of Your breach of this Terms of Use, privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights of a third party.

Entire Agreement:

These Terms & Conditions, including our Privacy Statement, constitute the entire agreement between you and us and supersede all previous statements and understandings whatsoever between us. Any failure by us to exercise or enforce any right or provision of these Terms & Conditions shall not constitute a waiver of such right or provision. If any provision under these Terms & Conditions is found in law to be unenforceable all other provisions of these Terms & Conditions shall remain in full force and effect. We reserve the right to cede, assign or otherwise transfer our rights and obligations in terms of these standard terms and conditions to a third party.


Applicable Law :

This Agreement shall be governed by and interpreted and construed in accordance with the laws of India. The courts at Bangalore shall have exclusive jurisdiction to try any disputes arising out of the use of this Website.


Limitation of Liability :

IN NO EVENT SHALL OWNER BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THIS AGREEMENT, EVEN IF OWNER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.


Dispute Resolution :

In case of any dispute arising between You and us in respect of the use of this Website or the services facilitated thereunder, including dispute with any third party arising out of your use of this Website, You agree to refer the matter to arbitration for resolution of such dispute. The arbitration proceedings shall be undertaken by a sole arbitrator to be appointed by us and you agree to submit absolutely to the jurisdiction of such arbitrator. The arbitration proceedings shall be carried out in accordance with the provisions of the Indian Arbitration Act, 1996 and the language of the arbitration shall be English. The arbitration proceedings shall be held at Bangalore and the cost of arbitration shall be borne by both parties equally.

Grievance Officer

In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:

The provisions of the Terms of use of the Website shall be applicable to this section:

Name: Sunil G

Contact number:08041205402

Address:202, Haudin House, Haudin Road, Off Ulsoor Lake Road, Bangalore-560042

Email ID: sunil@i-medz.com