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Wondersoft Pte Limited (“Wondersoft”) welcomes you to the PharmaNetwork.in website
(“Website”) and the various services provided by us (“Services”). • The Website and the Services is offered to you upon your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Website and the Services constitutes your agreement to all such terms, conditions, and notices. If you do not agree with any part of the following terms, conditions and notices, you must not use the Services offered on the Website. You must be legally competent to enter into agreements. • Additionally, the Website may contain terms that govern particular features or offers. In the event that any of the terms, conditions and notices contained herein conflict with the additional terms or other terms and guidelines contained within Website, then these terms shall prevail. • You accept these Terms and Conditions of Use, as well as our other term and conditions on this Website, such as our Privacy Policy or any other additional policy as determined by Wondersoft for the use of the Website. Please read them carefully. • In addition, when you use any current or future Service on this Website, you also will be subject to the guidelines and conditions applicable to such Service. • Wondersoft may change the Terms and Conditions of Use of the Website at any time. You are responsible for checking these Terms and Conditions of Use periodically for changes. Your ongoing use of the Website after the changes take effect, signifies your agreement to the new terms. • Wondersoft reserves the right to modify, suspend/cancel, or discontinue any or all sections, or service at any time without notice. We reserve the right to make modifications and alterations in the information contained on the Website without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website or the Services. • The Website is intended for wondersoft customer initially and later for general audiences. Wondersoft may suspend, cancel, or discontinue any or all channels or service on the Website at any time and without notice. • You expressly agree that any information provided on the Website shall be used by you at your risk. You are advised to hereby make proper enquiries and use the information provided on the Website. 1. PRIVACY POLICY The user hereby consents, expresses and agrees that he has read and fully understands the Privacy Policy for the use of the Website and do hereby consents that the terms and contents of such Privacy Policy are acceptable to the user. The Privacy Policy of the Website explains the practices that apply with your information when you use the Services. You consent to the transfer of this information to and within the territory of India or other countries for processing and storage by Wondersoft. 2. NO SPAM You may not use the Services or our communication tools to transmit, directly or indirectly, any unsolicited bulk communications (including e-mails and instant messages). You may not harvest information about our users for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications. You may not allow others to use your account to violate the terms of this section. We may terminate your account immediately and take other legal action if you or anyone using your account violates these provisions. We may take any technical remedies to prevent unsolicited bulk communications from entering, utilizing, or remaining with in our computer or communications networks. 3. ACCESS COSTS You must provide at your own expense the equipment and Internet connections that you will need to access the Services. 4. LIMITED USER The user shall not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from Wondersoft or from this Website. 5. COPYRIGHT All content included on this Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Wondersoft or its suppliers and protected by Indian and international copyright laws. All software used on this Website is the property Wondersoft or its software suppliers and protected by Indian and international copyright laws. 6. COPYRIGHT NOTICE Copyright 2007 Wondersoft Private Limited. Any rights not expressly granted herein are reserved. 7. TRADEMARKS Wondersoft's trademarks and trade dress may not be used without Wondersoft's prior written consent. Trademarks not owned by Wondersoft that appear on this Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Wondersoft. 8. LICENSE AND SITE ACCESS Wondersoft grants you a limited license to access and make personal use of this Website and not to download or modify it, or any portion of it, except with express written consent of Wondersoft. This license does not include any resale or commercial use of this Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Wondersoft. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Wondersoft and its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Wondersoft’s name or trademarks without the express written consent of Wondersoft. Any unauthorized use terminates the permission or license granted by Wondersoft. 9. YOUR ACCOUNT If you use this Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Wondersoft and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. 10. REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT Visitors may post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. Wondersoft reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material or ideas, and unless we indicate otherwise, you grant Wondersoft and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable license and right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such ideas and content throughout the world in any media. You grant Wondersoft and its affiliates and Sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Wondersoft or its affiliates for all claims resulting from content you supply. Wondersoft has the right but not the obligation to monitor and edit or remove any activity or content. Wondersoft takes no responsibility and assumes no liability for any content posted by you or any third party. For the purposes of clarity, Wondersoft do not claim ownership of any content that you may post on this Website. However, by submitting content to the Website, you grant Wondersoft, our affiliates and distributors a royalty free, perpetual right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content worldwide in any medium. 11. PRODUCT DESCRIPTIONS Wondersoft and its affiliates attempt to be as accurate as possible. However, Wondersoft does not warrant that product descriptions or other content of this Website is accurate, complete, reliable, current, or error-free. 12. OTHER BUSINESSES Parties other than Wondersoft, provide services on this Website. In addition, we may provide links to the sites of certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their web sites. Wondersoft does not assume any responsibility or liability for the actions, products, or content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use. 13. TERMINATION Wondersoft may cancel or suspend your access to the Website at any time, without cause and/or without notice. Your right to use the Services will end once your Services are cancelled or terminated, and any data you have stored on such a Service may be unavailable later. If you have subscribed to any fee-based service, you remain responsible for paying any amounts owed on your account at the time your fee-based service and/or account is terminated or cancelled. If you are participating in any free promotional offer for accessing a fee-based service, you must cancel such service before the end of the free trial period to avoid incurring charges. Certain fee-based services may require cancellation charges, and you will pay all cancellation charges specified to you at the time you register for the service. 14. INDEMNIFICATION Upon a request by us, you agree to defend, indemnify, and hold harmless Wondersoft and our affiliated companies, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney's fees that arise from your use or misuse of the Services arising out of the contents you submit, e-mail, transmit or make available through the Website, your violation of the Terms and Conditions of the Use of the Website, or your violation of any rights of another user of the Website. YOU RECOGNISE THAT IN MANY JURISDICTIONS, PUBLISHING OF CERTAIN TYPE OF MATERIAL INVITES CRIMINAL SANCTIONS. YOU ACKNOWLEDGE THAT YOU ALONE SHALL PERSONALLY BE RESPONSIBLE FOR SUCH CRIMINAL SANCTIONS, SHOULD THEY BE IMPOSED. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. DISCLAIMER OF WARRANTIES THIS WEBSITE IS PROVIDED BY WONDERSOFT ON AN "AS IS" AND "AS AVAILABLE" BASIS. 15. WONDERSOFT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WONDERSOFT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WONDERSOFT DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM WONDERSOFT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. LIABILITY DISCLAIMER THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE/SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE WEBSITE/SERVICES AND TO THE INFORMATION THEREIN WONDERSOFT AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITES/SERVICES AT ANY TIME.ADVICE RECEIVED VIA THE WEBSITES/SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. WONDERSOFT AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE WEBSITE AND/ OR SERVICES FOR ANY PURPOSE.ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WONDERSOFT AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT. YOU SPECIFICALLY AGREE THAT WONDERSOFT SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE/SERVICE. YOU SPECIFICALLY AGREE THAT WONDERSOFT IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT WONDERSOFT IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN THE WEBSITE/SERVICE BY ANY THIRD PARTY. IN NO EVENT SHALL WONDERSOFT AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITES/SERVICES, WITH THE DELAY OR INABILITY TO USE THE WEBSITES/SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITES/SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITES/SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WONDERSOFT OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. WONDERSOFT DOES NOT ENDORSE IN ANYWAY ANY ADVERTISERS/ CONTENTS OF ADVERTISERS ON ITS WEBPAGES. PLEASE THEREFORE VERIFY THE VERACITY OF ALL INFORMATION ON YOUR OWN BEFORE UNDERTAKING RELIANCE AND ACTIONING THEREUPON. WONDERSOFT SHALL NOT BE RESPONSIBLE NOR LIABLE FOR ANY CONSEQUENTIAL DAMAGES ARISING ON ACCOUNT OF YOUR RELYING ON THE CONTENTS OF THE ADVERTISEMENT. 16. SITE POLICIES, MODIFICATION, AND SEVERABILITY Please review our other policies, such as our Privacy Policy or any other additional policy as determined by Wondersoft for the use of the Website. These policies also govern your visit to the Website. We reserve the right to make changes to our Website, policies, and these Terms and Conditions of Use at any time. If any of these terms and conditions shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining terms or conditions. 17. DISPUTE RESOLUTION POLICY All legal proceedings shall be subject to the jurisdiction of the courts in Chennai, India and shall be governed by and construed in accordance with the laws of India. You agree to resolve any disputes arising between you and Wondersoft through arbitration, under the Arbitration and Conciliation Act, 1996, before a sole arbitrator to be appointed by Wondersoft. The venue for such arbitration shall be Chennai. 18. ENTIRE AGREEMENT These Terms and Conditions of Use and other policies on this Website constitute the entire agreement between us and supersede any other communications or advertising with respect to the Website. 19. WAIVER The waiver of a breach of any term hereof shall in no way be construed as a waiver of any other term or breach hereof. The person agreeing to these Terms and Conditions of Use represents and warrants that such person is authorized to bind and does so bind his or her principal or employer and has adequate legal capacity to enter these Terms and Conditions of Use. 20. ASSIGNMENT You may not assign these Terms and Conditions of Use or any rights or obligations hereunder, directly or indirectly, by operation of law or otherwise, without the prior written consent of Wondersoft; Wondersoft may assign these Terms and Conditions of Use and rights hereunder to any entity. Subject to the foregoing sentence, these Terms and Conditions of Use shall inure to the benefit of and be binding upon the parties and their respective successors and permitted assigns. 21. SPECIAL ADMONITIONS FOR INTERNATIONAL USE Recognizing the global nature of the internet, you agree to comply with all local rules regarding online conduct. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside. 22. ELECTRONIC CONTRACTING AND NOTICES Your affirmative act of registering for any Service constitutes your electronic signature to these Terms and Conditions of Use of the Website of Service and your consent to enter into agreements with us electronically. You also agree that we may send to you in electronic form any privacy or other notices, disclosures, reports, documents, communications or other records regarding the Services. |