Last updated on November 2018
https://launchmydrug.com (“Platform”) which is operated by LaunchMyDrug
Technologies Pvt. Ltd. (“Company”) incorporated under the Indian Companies Act,
2013 with its registered office at Unit No.303, Navyug Industrial Estate, TJ Road Sewree
(West), Mumbai, 400015, India. Any reference to “User” refers to the users of the
Platform. Company reserves the right to assign its rights and obligations under this
Agreement which includes, without limitation, the right to distribute its Platform and
collect payments from the Users through its subsidiaries in the U.S. and Singapore.
In consideration of the use of the Platform, Users must agree to comply with these Terms. IF USERS DO NOT AGREE TO THESE TERMS, THEY MUST NOT USE THIS PLATFORM. Company reserves the right to revise these Terms, update the Platform and/or change the Content at any time. Please check this page from time to time to take notice of any changes made as they are binding on he Users. Under these Terms, “Content” means any information, text, graphics, or other materials uploaded on the Platform by the Users of the Platform, Vendors (defined below) or by Company.
These Terms are compliant with the Indian Contract Act, 1872, Information Technology Act, 2000, including all amendments made to it and rules framed thereunder. Company does not represent that it is compliant with laws of any country apart from the Republic of India. If Users wish to use the Platform, they must ensure that they are permitted to do so, in their jurisdiction.
The terms of the relationship between the Vendors (defined below) and Company shall be as set forth in the vendors agreement executed between the Vendor and the Company Subsidiary.
Users and Company are required to follow certain rules while they use the Platform. Company has listed these rules in the Terms. It is recommended that Users read these Terms and other hyperlinks mentioned here carefully. Use of the Platform implies that Users agree with these Terms.
Services Offered by the Platform
Company provides a technology platform to enable Users to connect with service
providers, consultants, contract manufacturers, experts and suppliers (collectively,
the “Vendors”) and to enable Users to avail the products and services offered by
such Vendors (“Pharmaceutical Goods/Services”). Company offers the
following services on the Platform (collectively, the “Platform Services”):
- PartnerConnect: This service connects Users with Vendors to engage in services such as research and development (including without limitation clinical research), product testing, market research, consultant, regulatory compliance, intellectual property registration, contract manufacturing organizations (CMO)/contract development and manufacturing organizations (CDMO), or any other service in the life sciences industry.
SmartBuy: This service connects Users with Vendors for product purchases, such
as Active Pharmaceutical Ingredients (API), formulations, excipients,
intermediates, impurities, nutraceuticals, cosmeceuticals, ingredients, herbal
products, specialty chemicals, veterinary drugs, solvents or any other products in
the life sciences industry. Purchases under SmartBuy can be made by:
- Direct purchase: Vendors may list their products and the Users may contact them through the Platform for a direct purchase at the price listed on the Platform. In case the User requires any documents from the Vendor, a request can be made through the chat board on the Platform (“Direct SmartBuy”); or
- Posting a purchase request: Users may list a request on the Platform. Vendors will be able to view the request and will contact the User if they meet the requirements; or
- Bidding at a product auction: Users may engage in a bidding process for the Pharmaceutical Goods/Services and shall have the right to purchase the Pharmaceutical Goods/Services from the preferred Vendor through the Platform.
- Petri: This service is a licensing platform that provides a database of pharmaceutical products at different stages of development being developed by different companies. The Vendors use this service to post about projects being developed which they wish to license to third parties and seek buyers for the such projects or products and are seeking buyers for these projects/ products.
- AcademiaConnect: This service provides Users with the details of research conducted in various universities in the life sciences industry. It will provide a feature to enable Users to search for patents, technology or innovation undertaken by various universities.
Company helps Users to search and get in touch with possible business partners to help develop, manufacture, license and commercialize drugs.
Eligibility: Users must be registered on the Platform to access or use the Platform
Services. Company will create an account for Users on the Platform or Users may
create their account on the Platform which will be activated by Company upon
verification (“Account”). Users may use their Account to place requests for
Pharmaceutical Goods/Services, communicate with Vendors, design custom
services, get information on purchase orders, rate Vendors and obtain the ratings
received from the Vendors.
The Account will be created on the basis of the details provided by Users which may include, without limitation, the name of the registered entity, registered address, authorized representatives, contact details (including e-mail i.d. and phone number) and corporate deck. Users will be provided with “Account Information” to enable them to access their Account, which shall include a user identification code, password and/or any other piece of information. If Users access the Platform after logging into any third-party website like Facebook, LinkedIn, Twitter or Gmail, the login information of such third-party website, as the case may be, shall be considered as a part of their “Account Information”.
Users must always treat their Account Information as confidential and must not disclose it to any third party. Any access to the Platform through a User Account shall be considered an access by the holder of such User Account or on their behalf and such User shall be solely responsible for any activity carried out in, by or through such Account either on the Platform or any other website accessed by User through the Platform.Users shall not have the right to transfer their Account or assign the rights associated with such Account to any third party, and/or register an Account on the Platform on behalf of any third party (except where the User is the authorized representative of a body corporate).
If Company changes the eligibility criteria to be registered with the Platform and Users no longer comply with the new eligibility criteria, as determined by Company in its sole discretion, Users accept that Company may deactivate/close their Account without any liability to Company. Users are solely responsible for ensuring that these Terms are in compliance with all laws, rules and regulations applicable to them. Users’ right to access the Platform Services shall be revoked where these Terms or use of the Platform Services is prohibited and, in such circumstances, Users agree not to use or access the Platform; or Platform Services in any manner. User Accounts may be accessed by Company at any time to facilitate discussions, mediate disputes, mark orders as complete or to take any action on behalf of any other User or Vendor, as and when requested by them.
- Termination of access and limited access: Company reserves the right to disable the Account Information or any part of it, whether chosen by Users or allocated by Company, at any time, if, in Company’s reasonable opinion, Users have failed to comply with any of the provisions of these Terms. Company reserves the right to limit or revoke Users’ access to the Platform in the event Users make repeated request inquiries, but do not purchase any of the products and or services. Company may, at any time, access Users’ Account for the purposes of facilitating discussions, mediating disputes, marking orders as complete or taking actions.
- Unauthorized access: If a User knows or suspects that there has been a breach of security of its Account, or any person has accessed its Account in an unauthorized manner, such User must promptly notify Company by sending an e-mail at contact support. Company is not liable for any losses or other consequences of unauthorised use of User Accounts.
- Opt-out Request: In case a User wishes to deactivate its Account and/or does not wish to continue using the Platform, such User must contact Company at contact support. All Users must acknowledge that their Account will not be deactivated unless their opt-out request is accepted by Company, subject to all pending dues/ payments being cleared by them.
- Linking to the Platform: If a User chooses to authenticate its Account through a third-party service, like Google, Twitter, Facebook, or LinkedIn, then such User is linking that account to its User Account. Users must not establish a link in such a way so as to suggest any form of association, approval or endorsement on Company’s part where none exists. No User must establish a link in the Platform to any website that is not owned by such User. Users must not frame this Platform in any other website, or create a link in any part of the Platform, other than the home page. Company reserves the right to withdraw the permission to link without notice. The website to which a User is linking must comply in all respects with the Content standards set out in these Terms.
User Account will be created on the basis of the details provided by the User. Users shall be responsible for maintaining the confidentiality of their Account Information and preventing unauthorized access by third parties. Company may delete a User Account if a User acts in violation of these Terms.
User Representations and Covenants
User’s Representations: With respect to Users’ use of the Platform or the Platform
Services, each User must agree and represent that:
- The individual registering on the Platform on behalf of the body corporate has been specifically authorized to represent the User and bind the User to the provisions of these Terms, and such individual represents that he/she is above 18 years of age;
- User is not using a robot, spider, crawler, scraper or other automated means to access the Platform;
- User has the requisite authorizations and approvals necessary for entry into and performance of these Terms, and for using the Pharmaceutical Goods/Services under applicable laws; and
- There are no restrictions, hindrances or encumbrances of any nature which restrict User from performing its obligations under these Terms.
User’s Obligations: With respect to Users use of the Platform, each User must covenant that:
- User will use the Platform, Platform Services, and Pharmaceutical Goods/Services in accordance with applicable law including, without limitation, Drugs and Cosmetics Act, 1940, Drugs and Cosmetics Rules, 1945 and provisions of the Export and Import Policy (as may be applicable);
- Any information provided by User on the Platform shall be true, accurate and updated; and Company shall not be responsible for verifying such information provided by User;
- User will not authorize others to use its Account, or assign its Account to any other person;
- User will not use the Account of any other person without appropriate authorization;
- User will not use the Platform Services to publish fake purchase requests on the Platform. If User wish to withdraw a purchase request from the Platform, User will provide Company with the reasons for such withdrawal. In the event such reasons are not to the satisfaction of Company, Company reserves the right to deny the request for withdrawal and shall have the right to charge a withdrawal fee. In case a purchase request is withdrawn by User more than 2 (two) times, Company shall have the right to deactivate such User’s Account and revoke its access to the Platform;
- User will not try to harm the Platform or the Services in any way whatsoever nor will copy, scrape or distribute the Platform or other Content without written permission from Company;
- User shall comply with the Foreign Corrupt Practices Act, 1977 and other applicable anti-bribery laws, and shall not take or permit any action that will constitute a violation under, or cause Company to be in violation of, such laws;
- User will respond to any and all questions or requests placed on the Platform by Company, a Vendor or another User within three (3) business days.
- User will not transmit spam, chain letters or other unsolicited communications on the Platform;
- User will not, directly or indirectly, advertise or promote another website, product or service on the Platform, or solicit other Users and/or Vendors to use other websites, products or services; and
- User will not use any meta tags or any other hidden text utilizing Company’s name or trademarks without the express written consent of Company. Any unauthorized use of the Platform will terminate the permission or license granted by Company. User may create a hyperlink to the home page of the marketplace so long as the link does not portray Company, the Platform or its products or services in a false, misleading, derogatory, or otherwise offensive light. User shall not use any logo or other proprietary graphic or trademark as part of the link without express written permission.
Usage of the Platform shall be subject to compliance with the covenants under this clause and the representations/warranties provided by Users.
Non-circumvention and Obligation
- In case a purchase request is initiated by a User on the Platform, such User must agree that it shall not, directly or indirectly, interfere with, circumvent or attempt to circumvent, avoid, by-pass, or obviate Company’s interest with such Vendor. No User shall not structure any follow ups, extensions of current request or additions to current request outside the Platform. Users agree that they shall not use the Platform to find a Vendor and then deal with such Vendor off the Platform, in order to circumvent the obligation to pay any fees due under these Terms or for any other reason whatsoever.
- If a User uses the Platform to obtain information and/or quotes for a Service and or Product but then purchases that Service and or product outside of the Platform, in that case Company may invoice such User directly for 20% of the project value and such User shall pay the invoiced amount to Company.
Users shall not circumvent the Platform and directly enter into transactions with Vendors for active requests or ongoing projects. Company shall have the right to claim damages for such violations.
- Free Access: Registration on the Platform is free and Company does not charge any fee for browsing the Platform. Company reserves the right to charge a fee for accessing the Platform at any time in the future. However, the Platform Services facilitated through the Platform shall be subject to the fee as provided on the Platform: Platform Services Pricing
- Payment for Platform Services: Company shall have the right to impose and change the fees payable by Users at its sole discretion for availing the Platform Services on the Platform. Users shall pay the amount due for the Platform Services rendered to them through the payment methods offered on the Platform, including without limitation, net banking, credit card, debit card or electronic wallet. By making a payment through Company, Users undertake that the credit or debit card details or third-party electronic wallet login credentials that Users provide are for their own credit card, debit card, or electronic wallet account, and that Users have sufficient funds to make the payment for the Platform Services. Company shall have the right to impose a penalty of 18% (eighteen percent) per annum of the total cost of the project if a User fails to make the payments within the stipulated time period. In case a User cancels any request posted by on its Account, such User shall pay the fee for any Platform Services obtained by it.
- Payment for other Pharmaceutical Goods/Services: Company shall not be responsible for contracts executed by Users with Vendors (“Vendor Contracts”) and/or payment made thereunder. Users will be responsible for late payment fees, penalties or such similar obligations under the Vendor Contracts. In the event a User fail to make payments to the Vendor within the stipulated time period, the Vendor shall, at its sole discretion, have the right to inter alia delay performance of the Vendor Contract, defer delivery, charge interest or terminate the Vendor Contract. In case a User fails to make payments to the Vendors within the stipulated time period for 2 (two) transactions, Company shall have the right to deactivate such User’s Account and terminate its access to the Platform.
- Pricing for other Pharmaceutical Goods/Services: Any prices provided on the Platform represent the price of the Pharmaceutical Goods/Services, as determined by the Vendor in its sole discretion. The prices may or may not include applicable taxes, cost of shipping any samples and/or any other additional charges applicable on such Pharmaceutical Goods/Services. Users will be solely responsible for understanding all costs and/or fees associated with Pharmaceutical Goods/Services from the Vendor prior to entering into a binding contract to use or purchase such Pharmaceutical Goods/Services.
Please ensure that the payments are made within the time period stipulated by the Platform and/or the Vendor. Company shall not have any role to play for transactions with the Vendors.
Uploading Content on the Platform
- Warranty: If Users upload any Content to the Platform, or connect or contact others on the Platform, such Users must comply with the Content standards set out in these Terms. Users must warrant that any such Content shall comply with the standards. Users will be liable to indemnify Company for any loss or damage suffered by Company due to a breach of this warranty.
Content standards: Any Content uploaded by Users on the Platform will be
considered non-confidential and non-proprietary. Users must represent and
warrant that any Content provided by them shall:
- be accurate and genuine
- be in accordance with the applicable law including, but not limited to, Information Technology Act, 2000 and Information Technology (Intermediaries Guidelines) Rules, 2011;
- not violate any third-party intellectual property rights;
- not promote any unlawful activity, sale of prohibited drugs, restricted chemicals, restricted biological products, alcohol, tobacco, firearms or other hazardous materials
- not give the impression that Users are associated with Company and/or the Content is endorsed by Company ;
- not refer to any website, app or URL that, in Company’s sole discretion, contains material that is inappropriate for the Platform or any other Platform, contains content that would be prohibited or violates the letter or spirit of the Terms;
- not collect or store personally identifiable information from Company or other Users without their permission;
- Liability for Content: Company will not be responsible or liable to any third party, for the Content or the authenticity or accuracy of any Content posted by Users on the Platform. Company has the right to remove any Content posted on the Platform if, in Company’s opinion, such Content does not comply with the standards set out herein. The views expressed by any User on the Platform does not represent Company’s views or values.
Users are responsible for the Content posted by them on the Platform and its compliance with the standards under these Terms.
Intellectual Property Rights
- Intellectual Property of Company: Company the owner of the Platform. However, the ownership of Content is with the creator of that specific Content. Company does not have any ownership rights on the Content made available on the Platform by Users or Vendors. The Platform, its processes, Content selection and arrangement including, but not limited to, all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code on the Platform, except such Content which is owned by other Vendors and Users, is owned and controlled by Company. The logo, trademarks, service marks, design, selection, arrangement, look and feel of the Platform and Content therein is protected by applicable intellectual property rights of Company. If Users wish to make any use of Content owned by the Platform for the purposes of marketing and promotional activities, they should send a request at contact support.
- Intellectual Property of the Vendor: The trademarks, logos and service marks of the Vendors displayed on the Platform are the property of the respective Vendors. Users are not permitted to use such marks without the prior written consent of the Vendor that may own the marks. Users must not violate the intellectual property rights of such Vendors in the Pharmaceutical Goods/Services. Company does not, in any manner, endorse the Pharmaceutical Goods/Services and/or the intellectual property rights which vest therein. Company shall not be liable for any losses or claims incurred by Users due to violation of third party rights by the Vendor.
- Intellectual Property of Users: When Users upload or post Content on the Platform, they grant the Company a worldwide, non-exclusive, royalty-free license (with the right to sublicense it to Company’s affiliates for the purposes of marketing and promotional activities) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods. Company may adapt the form of the Content in order to transmit, display or distribute it on the Platform and in various media and/or make changes to the Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services, or media. Company reserves the right to disclose the User’s identity to the third party who is claiming that the Content posted or uploaded by User constitutes a violation of the intellectual property rights, or right to privacy of such third party.
- General Restrictions: Users must not modify the paper or digital copies of any materials printed off or downloaded from the Platform, and Users must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Users must not use any part of the Content on the Platform for commercial purposes without obtaining a licence to do so from Company or Company’s licensors, or by Company upon written confirmation from licensor to Company. If Users print off, copy or download any part of the Platform in breach of these Terms, their right to use the Platform will cease immediately and such Users must, at Company’s option, return or destroy any copies of the materials made.
Users must respect the intellectual property of the Vendors and Company posted on the Platform and not use it in an unauthorized manner without the prior consent of the owner of such rights. Company has hereby obtained a license to inter alia reproduce, process and publish the Content posted by Users on the Platform for marketing and promotional activities.
Disclaimer of Warranties
- Pharmaceutical Goods/Services: COMPANY IS AN INTERMEDIARY UNDER THE INFORMATION TECHNOLOGY ACT, 2000 AND COMPANY’S ROLE IS LIMITED TO CONNECTING ITS USERS WITH VENDORS. COMPANY IS NOT A PARTY TO ANY CONTRACT, WHETHER EXPRESS OR IMPLIED, BETWEEN USERS AND THE VENDORS. FURTHER, COMPANY SHALL HAVE NO LIABILITY OR OBLIGATION UNDER OR RELATED TO ANY SUCH SERVICE CONTRACT OR ANY ACTS OR OMISSIONS BY EITHER PARTY. COMPANY HAS NO CONTROL OVER THE VENDORS OR SERVICES PROMISED OR RENDERED BY THE VENDORS. Company does not make any representation or warranty as to the legal title of the Pharmaceutical Goods/Services. Users agree and acknowledge that the ownership of the Pharmaceutical Goods/Services shall vest with the Vendor. At no time shall any right, title, claim or interest in the Pharmaceutical Goods/Services vest with Company.
Use of Platform: Users expressly acknowledge and agree that use of the Platform
and the Platform Services is at their sole risk. The Platform and the Platform
Services are provided on an "as is" and "as available" basis. Although Company
makes best efforts to procure high quality Platform Services to all its, to the fullest
extent allowed by law, Company expressly disclaims all warranties and conditions
of any kind, whether express or implied, including, but not limited to the
warranties of merchantability or fitness for a particular purpose. Company makes
no warranty that the Platform or the Platform Services will meet Users’
requirements, or that the Platform Services or access to the Platform will be
uninterrupted, timely, accurate or reliable, nor does Company make any warranty
as to any information that may be obtained through the Platform or the Platform
Services. In case there is any defect in any software being used for the provision of
the Platform Services, Company does not make any warranty that defects in such
software will be corrected. Users must understand and agree that any material
and/or data downloaded or otherwise obtained through use of the Platform or the
Platform Services is at their own discretion and risk, and they will be solely
responsible for any damage to their computer system or loss of data that results
from the download of such material or data. Company may, without prior notice,
change the Platform Services; add or remove functionalities or features; stop
providing the Platform Services or features of the Platform Services, to Users
generally; and/or create usage limits for the Platform Services.
The Pharmaceutical Goods/Services facilitated by this Platform are owned by third party Vendors. Company offers the information and method to obtain the Pharmaceutical Goods/Services from third party Vendors, but does not, and does not intend to, provide the Pharmaceutical Goods/Services, or act in any way as a third-party Vendor. Company is not responsible or liable for the actions or inactions of any Vendor. Company observes due diligence by collecting documents from the Vendor which includes, without limitation, approvals, permits and licenses obtained by the Vendor, prior to their registration on the Platform, however Company makes no representations regarding and disclaims all the liability arising from the following:
- authenticity and genuineness of the Pharmaceutical Goods/Services made available by the Vendors;
- the reliability, capability or qualifications of the Vendors;
- the quality, security or legality of the Vendors;
- the accuracy, truthfulness or quality of information about the Vendors; and
- intellectual property infringement
The Platform provides an online platform for exchanging information between Users and the Vendors. Company does not represent any party in a specific transaction and charges a nominal commission for the Platform Services provided on the Platform. Users are cautioned that there may be risks of dealing with foreign nationals or people acting under false pretences.
- Content: The Content of the Platform and/or Platform Services may contain bugs, errors, problems or other limitations. Company assumes no liability or responsibility for any errors or omissions in the Content. Company is responsible for the Content uploaded by Users on the Platform. Company is not responsible for any direct or indirect damages or losses caused to Users, including without limitation, lost profits, business interruption or other loss resulting from use of or reliance in any way on anything available on the Platform. It is solely Users’ responsibility to evaluate the accuracy, reliability, completeness and usefulness of Content available on the Platform that is used by Users. Please note that any of the Content on the Platform may be out of date at any given time and Company is under no obligation to update it. Company does not guarantee that the Platform or any Content on it, will be free from errors or omissions. No advice or information, whether oral or written, obtained by Users from the Platform or through the Platform Services shall create any warranty not expressly made herein.
- Interactive Services: Company may, from time to time, provide interactive services on the Platform, including, without limitation, chat rooms and bulletin boards. Company will do its best to assess any possible risks for Users from third parties when they use any interactive services provided on the Platform. However, Company is under no obligation to oversee, monitor or moderate any interactive services provides on the Platform, and Company expressly excludes its liability for any loss or damage arising from the use of any interactive service by a User in contravention of the Content standards, whether such service is moderated or not.
- No Reliance on Information: The Content on the Platform is provided for general information only and reliance on such information is solely at Users’ own risk. It is not intended to amount to advice on which Users should rely. Company displays third-party Content that is not Company’s Content, such as information of Vendors and/or the Pharmaceutical Goods/Services. The Content is the sole responsibility of the owner and is for informational purposes only. Company shall not bear any liability for any loss/ injury that may arise due to Users’ reliance on such Content or information published on the Platform. Users must acknowledge and agree that should any claim/ damage/ liability arise as a result of any reliance placed by Users on any information published on the Platform, the person from whom the said Content is obtained and made available on the Platform shall be solely responsible, and Company shall have no liability in relation to the same. Company assumes no responsibility for the Content of websites linked on the Platform. Such links should not be interpreted as endorsement by Company of those linked websites. Company will not be liable for any loss or damage that may arise from Users’ use of them.
Company is not responsible for the genuineness, authenticity or legality of the Pharmaceutical Goods/Services. Any Content posted by the Vendors or other Users on the Platform is the sole responsibility of such Vendors or Users, and Company shall not be liable with respect to any interactive services provided on the Platform. Any information on this Platform is for informational purposes only.
Indemnification and Limitation of Liability
- Indemnification: To the maximum extent permitted under applicable law, Users shall indemnify and hold harmless Company, its owners, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including attorneys' fees, made by any third party or penalty imposed due to or arising out of Users breach of these Terms, or Users violation of the applicable law or the rights (including infringement of intellectual property rights) of a third party.
- Limitation of Liability: Company shall not be liable to any User for any direct, indirect, consequential loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use of, or inability to use, the Platform; use of or reliance on any Content displayed on the Platform; use of the Pharmaceutical Goods/Services provided through the Platform; loss of profits, sales, business, business opportunity or revenue. If any suit/claim arises from the Pharmaceutical Goods/Services offered through the Platform, such suit/claim shall lie against the concerned Vendor.
Users are under the duty to indemnify Company if Users breach these Terms or applicable law, and not the other way around.
Returns and Refunds; Disputes between User and Vendor
Returns and refunds: Company shall not be a party to any Vendor Contracts.
Subject to the exceptions provided under this clause, Company shall not be
responsible for any returns and refunds of the payments for the transactions
conducted between Users and the Vendors.
In the event Users attempt to purchase a plan and payment is successfully processed but not received by Company, please seek a refund from the financial service provider. Company shall bear no responsibility for any payments not received by Company.
Exceptions: Company may initiate a refund in the following events:
- User purchases an incorrect plan and Company’s support team advises User to purchase another plan. In such cases, 100% of the original plan value may be refunded to User, provided that no Pharmaceutical Goods/Services were delivered for the previous plan;
- User purchases a plan for SmartBuy but Company is unable to assign a Vendor to such a request or process the order. In such cases, Company may refund 100% of the original plan’s value to User;
- In the event User does not prefer to work with the matched Vendor on SmartBuy for a valid reason and submits a request to Company for the same, if determined to be reasonable in the sole discretion of Company, a 100% credit may be issued to User. This credit may only be used for the next SmartBuy posting within 30 (thirty) calendar days. The credit will be non- transferrable and will be issued only for requests where User has paid the full, non-discounted, posting fee; and
- Company is unable to fulfill an order due to legal and regulatory obligations. In such cases, 100% refund will initiated; and
- Fees for the subscription for Petri is non-refundable, except as required by applicable law. Refunds (if any) will be at the sole discretion of Company and only in the form of credit for the Platform Services.
- If a User is eligible for a refund, they must place a “refund request” at Refund Request Form and Company’s support team will confirm the same via email. Thereafter, such User’s refund will be processed within 10 (ten) business days from the date of confirmation.
- When a User purchases a Pharmaceutical Good/Service, Company’s support team will request such User to submit documents to process its order. If User is unable to share the requisite documents within 30 (thirty) days without reasonable cause, Company reserves the right to cancel the User’s order. User will forfeit any payment made to Company in the event of order cancellation;
- If User withholds information pertaining to its request owing to which Company is unable to fulfill such User’s order, User shall not be eligible for any refund. Company reserves the right to cancel the User’s order in such a case. User will forfeit any payment made to Company in the event of order cancellation.
- If Company experts are not able to fulfill a User’s order due to unavailability of documents and/or requisite information from such User, the User shall not be eligible for any refund. Company reserves the right to cancel the User’s order. User will forfeit any payment made to Company in the event of order cancellation.
- If a cancellation request is made for any other reason than mentioned in the points above, no refund will be issued.
- Vendor-User Disputes: Company does not involve itself in any disputes that may arise between Users and the Vendor under the terms of the Vendor Contracts. However, if requested in writing and on such request being found reasonable, in Company’s sole discretion, Company may provide assistance to the parties involved in the dispute. Users may contact Company at contact support for this purpose.
If there is a dispute between Users and the Vendors, please remember that Company will not be a party to that arrangement. As much as Company may want to help, its role will be limited.
Viruses and Cybercrime
Users shall responsible for introduction of any viruses, trojans, worms, logic
bombs or other malicious or technologically harmful material on to the Platform.
Users must not attempt to gain unauthorised access to the Platform, the server on
which the Platform is stored or any server, computer or database connected to the
Platform. Users must not attack the Platform via a denial-of-service attack or a
distributed denial-of service attack. By breaching this provision, Users would
commit a criminal offence under the Information Technology Act, 2000. Company
will report any such breach to the relevant law enforcement authorities and will co-
operate with those authorities by disclosing such User’s identity to them. In the
event of such a breach, such User’s right to use the Platform will cease
Company will not be liable for any loss or damage caused by a virus, denial-of- service attack, distributed denial-of-service attack, or other technologically harmful material that may infect Users’ computer equipment, computer programs, data or other proprietary material due to use of the Platform or downloading of any Content from it, or on any website linked to it.
Users should use their own virus protection software. Company cannot and does not guarantee or warrant that files available for downloading from the Platform will be free of infection by viruses, worms, trojan horses or other code that manifests contaminating or destructive properties.
Don’t introduce viruses or trojans onto the Platform and ensure that everything is done to protect the computer system.
Term and Termination
Company reserves the right to refuse to continue providing Users with access to
this Platform and/or the Platform Services if Users act in violation of these Terms,
with immediate effect. This Platform is not available to persons whose
membership has been suspended or terminated by Company for any reason
whatsoever. The Terms shall continue to form a valid and binding contract
between Users and Company and shall continue to be in full force and effect till
the time Users continue accessing and using the Platform.
Though Company will be disappointed when a User leaves the Platform, Company will assist Users to make the process easy.
- Electronic communication: When Users visit this Platform, or send e-mails to Company, Users will communicate with Company electronically, and thereby consent to receiving communications from Company electronically. Company will communicate with Users by e-mail or by posting notices on this Platform. In case there are any changes to any information provided by Users to Company, including changes in contact details, Users will be solely responsible to update them regularly. If Company sends any communication by e-mail, it shall be sent to the e- mail address available on the records of the Platform and it shall be deemed to have been received by User once it is reflected as sent in the outbox of Company’s e-mail id.
- Relationship of the Parties: Notwithstanding any provision herein, Users and Company shall act independently and not as partners, joint venturer, agent, employee or employer of the other. Users shall not have any authority to assume or create any obligation for or on behalf of Company, express or implied, and Users shall not attempt to bind Company to any contract.
- Governing Law and Dispute Resolution: These Terms and any dispute or claim arising out of or in connection with it or its subject matter, interpretation, validity, existence or formation (including non-contractual disputes or claims) (“Dispute”) shall be governed by and construed in accordance with the laws of Singapore. The aggrieved party shall notify the other party about the existence and nature of the Dispute by serving a written notice (the “Dispute Notice”). Upon receipt of the Dispute Notice, the parties hereto shall endeavour to settle such Dispute amicably. If the Dispute has not been amicably resolved within fifteen (15) days from receipt of the Dispute Notice, the Dispute shall be referred to and finally resolved by arbitration in accordance with the provisions of the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) including any amendment or modification thereto. The arbitral tribunal shall consist of one (1) arbitrator mutually appointed by the parties. The seat of arbitration shall be in Singapore. The award and decision of the arbitrator shall be final, binding and conclusive on the parties. The language of the arbitration proceedings shall be English. Each party shall bear its own expenses and costs in relation to the arbitral proceedings contemplated under this clause.
- Applicable Law: Please note that these Terms, its subject matter and its formation, are governed by the laws of the Republic of India. The courts in Mumbai, India will have exclusive jurisdiction to deal with any dispute arising out of or in connection with these Terms or any other terms and conditions made applicable on Users by Company and Users hereby consent to the jurisdiction and venue of such courts and waive any objection as to inconvenient forum. Any proceedings arising out of these Terms shall be conducted in English.
- Release and Waiver: To the maximum extent permitted by applicable law, Users hereby release and waive all claims against Company, and its subsidiaries, affiliates, officers, agents, licensors, co-branders, other partners, and employees from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, arising from or in any way related to use of the Platform, its Platform Services or Content. If Company fails to insist that Users perform any of their obligations under these Terms, or if Company does not enforce its rights against Users, or if Company delays in doing so, that will not mean that Company has waived its rights against Users and will not mean that Users do not have to comply with those obligations. If Company does waive a default by Users, it will only do so in writing, and that will not mean that Company will automatically waive any later default by User.
- Invalidity of Specific Terms: If any provision of these Terms is found by a court of competent jurisdiction to be invalid, other provisions of the Terms shall remain in full force and effect.
- Force Majeure: Company shall not be responsible for any loss or deficiency in the Platform Services where such loss or deficiency of Service is due to acts or circumstances which are beyond the control of Company, which subject to the foregoing shall include, but not be limited to, acts of god such as fire, storm, flood, earthquake, explosion or accident, acts of public enemy, acts of war or terrorism, rebellion, insurrection, sabotage, epidemic, quarantine restrictions, transportation embargoes or failure or delays in transportation, strikes and lockouts, acts (including laws, regulations, disapproval or failure to approve) of any government whether national, municipal or otherwise, or any agency thereof, and acts of third parties.
These general terms are for Users to understand these Terms better. Users must acquaint themselves with the same.
If Users have any general queries or feedback relating to the Platform, or come
across any abuse or violation of the Terms, please email at
contact support or write to the Company Grievance Officer at the
Name: Kaushal Shah
Complete Address: Unit No.303, Navyug Industrial Estate, TJ Road Sewree (West), Mumbai 400015
Phone: +91 86555 38380
Timings: 9am – 5pm IST
Company is available to assist it’s Users in case they have any questions or concerns.