Term Of Use

“General” 

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy, and Terms of Use for access or usage of domain name 

[www.agnitio.co.in]

, hereinafter referred as “Website”

The Website is owned by Agnitio Solutions Private Limited a company incorporated under the Companies Act, 1956 with its registered office at R 361, Jalvayu Vihar Sector 21 Noida, Uttar Pradesh, India (hereinafter referred to as ” Agnitio Pharma”).

The use of the Website and services and tools are governed by the following terms and conditions (“Terms of Use”) as applicable to the Website including the applicable policies which are incorporated herein by way of reference. If You transact on the Website, You shall be subject to the policies that are applicable to the Website for such transaction. By mere use of the Website, You shall be contracting with Agnitio Solutions Pvt Ltd and these terms and conditions including the policies constitute Your binding obligations, with Agnitio Pharma.

For the purpose of these Terms of Use, wherever the context so requires “You” or “User” shall mean any natural or legal person who has agreed to become a user by accessing the Website and content therein. The Website application operated by us which provides its services without the registration/acceptance does not release the user from this contractual relationship. The term “Supplier” shall refer to any natural or legal entity that has been authorized to supply goods to any user or any individual buyer through the Website.

When You use any of the services provided by Us through the Website “Terms of Use”, “Privacy Policy” “Terms of Sale” and Seller Agreement including but not limited to, (e.g. Product Reviews, Seller Reviews), You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. It is Your responsibility to review these Terms of Use periodically for updates/changes. Your continued use of the Website following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform.

ACCESSING, BROWSING, OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by Agnitio Pharma Policies ((including but not limited to Privacy Policy, Seller Agreement, Additional Service Terms or Agreement(s)  available on Website) as amended from time to time.

If there is any conflict, between the Privacy Policy and any other Agreement, the Privacy Policy shall take precedence but only to the extent of the conflict. If between the Additional Service Terms and any other part of these Terms of Use, the Additional Service Terms shall take precedence in relation to that Service. If between the Seller Agreement and any other part of these Terms of Use, the Seller Agreement shall take precedence but only to the extent of the conflict. If between these Terms of Use and any other notices, disclaimers, or guidelines appearing on the Website, these Terms of Use shall take precedence but only to the extent of the conflict.

Membership Eligibility

Transaction on the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents, etc. are not eligible to use the Website. If You are a minor i.e. under the age of 18 years, You may use the Website or access content on the Website only under the supervision and prior consent/ permission of a parent or legal guardian.

As a minor, if You wish to transact on the Website, such transaction on the Website may be made by Your legal guardian or parents. Agnitio Solutions reserves the right to terminate Your membership and/or refuse to provide You with access to the Website if it is brought to Agnitio Solution’s notice or if it is discovered that You are under the age of 18 years and transacting on the Website.

Registration & its Obligations

Registration of Users on the Website is optional. Simply partial access to the Website is accessible to non-registered users. Non-registered Users may not be permitted to avail all the services on the Website. In order to obtain complete access to the Website and the desired functionality, the Users are required to make an account on the Website as a Registered User. If the Users opt to register himself/herself on the Website, upon completion of the registration process, the Users shall receive a welcome email containing a User ID and password.

The Users also agree to submit factual, accurate, and complete information regarding himself/herself and his/her beneficiaries as requested by the registration form (“Registration Data”) on the Website and maintain and punctually update any Registration Data to keep it accurate, factual, current and complete.

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 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.

If You registered as Seller. You represent that business entity and You have the authority to bind the entity to terms and condition of use and/or this Agreement the address You use when registering is the principal place of business of such business entity. All other information submitted to Agnitio Solutions during the registration process is true, accurate, current, and complete.

You agree that Agnitio Solutions shall not be liable or responsible for the activities or consequences of use or misuse of any information that occurs under Your Account. If You share or allow others to have access to Your account on the Website (“Account”), You shall be solely liable and responsible for all the activities undertaken under Your Account, and any consequences therefrom.

Use of Website 

You agree, undertake and confirm that Your use of Website shall be strictly governed by the Terms and Conditions (“Terms”) and the linked Privacy Policy, The Website permits You to browse, select, send inquiries to suppliers, purchase goods, etc.

This User Agreement sets out the terms and conditions on which we shall provide the Services to the Users through the Website. The Users shall be deemed to have read, understood, and accepted this Agreement, which may be updated or modified by us from time to time.

The use of this Website is granted to the Users, conditioned on approval without alteration of all the terms, conditions, and notices contained in this Agreement, and of those which may be updated on the Website from time to time. This Agreement shall be effective and binding upon the user’s ‘acceptance’. For exclusion of doubts, it is explained that the use of the Website by the Users establishes an acknowledgment and acceptance by the Users of this Agreement. If the Users do not agree with any part of such terms, conditions, and notices, the Users must not use the Website.

The Company at its sole discretion holds the right, not to accept any request by the users for listing, display, or offering any products and services through the Website without conveying any reason thereof. Any contract towards the provision of a service is not complete until an entire consideration towards the service is received.

The user is requested to refer to the Privacy Policy for details. We shall have no responsibility in any manner whatsoever regarding any promotional emails or SMS/MMS sent to You. The offers made in the aforesaid emails and/or SMS/MMS shall be subject to approval at the sole discretion of the Company, and the Company owes no responsibility to provide any additional information regarding such change.

By implying to or expressly accepting these Terms of Service, You also accept and agree to be bound by our other Policies, inter alia Privacy Policy, which would be amended from time to time.

You may not use the Website in any manner that may impair, overburden, damage, disable or otherwise compromise

 

  • Company’s services.
  • Any other party’s use and enjoyment of the company’s services
  • The services and products of any third parties (including, without limitation, the Device used to provide such services on the Website).

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

 

  • belongs to another person and to which You does not have any right to;
  • is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, 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; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
  • is misleading in any way;
  • is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred, or physical harm of any kind against any group or individual;
  • harasses or advocates harassment of another person;
  • involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
  • promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libelous;
  • 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 publicity];
  • 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;
  • contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
  • provides material that exploits people in a sexual, violent, or otherwise inappropriate manner or solicits personal information from anyone;
  • provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
  • contains video, photographs, or images of another person (with a minor or an adult).
  • 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;
  • 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” products related to the Website. Throughout this Terms of Use, Agnitio Pharm’s prior written consent means a communication coming from Agnitio Pharma’s Legal Department, specifically in response to Your request, and specifically addressing the activity or conduct for which You seek authorization;
  • Solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal;
  • interferes with another USER’s use and enjoyment of the Website or any other individual’s User and enjoyment of similar services;
  • refers to any Website or URL that, in Our sole discretion, contains material that is inappropriate for the Website or any other Platform, contains content that would be prohibited or violates the letter or spirit of these Terms of Use.
  • harm minors in any way;
  • 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 products;
  • violates any law for the time being in force;
  • deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  • impersonate another person;
  • contains software viruses or any other computer code, 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 the value of, surreptitiously intercept or expropriate any system, data or personal information;
  • threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation.
  • shall not be false, inaccurate, or misleading;
  • 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.
  • shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider (“ISPs”) or other suppliers;
  • You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic devices, 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.
  • 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.
  • 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 Platform.
  • You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.
  • You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through the Website or any service offered on or through the Website. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
  • 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 that infringes the rights of Agnitio Solutions Pvt Ltd and/or others.
  • You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules, and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax (GST)/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
  • 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 the use of the Website.
  • From time to time, You shall be responsible for providing information relating to the products or services proposed to be sold by You. In this connection, You undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such products or services so as to mislead other Users in any manner.
  • You shall not engage in advertising to or solicitation of, other Users of the Website to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the or related to us. You may not transmit any chain letters or unsolicited commercial or junk email to other users via the Website. It shall be a violation of these Terms of Use to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than Us without Our prior explicit consent. In order to protect Our Users from such advertising or solicitation, We reserve the right to restrict the number of messages or emails which a user may send to other Users in any 24-hour period which We deem appropriate in its sole discretion. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation, or valid governmental request. This may include, without limitation, disclosure of the information in connection with the investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as we, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
  • You agree to comply with all the local laws and regulations governing the downloading, viewing of contents and any other laws that apply to the usage of a Website without limitation, and any usage rules set forth in the terms of service of the online application store.
  • You hereby certify that You are at least 18 years of age.
  • You agree to ensure the email address provided in Your account registration is valid at all times and will keep Your contact information accurate and up to date. If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or the Company has reasonable grounds to suspect that the provided information is untrue, inaccurate, not current or incomplete, then we have the right to suspend or terminate Your account and refuse any and all current or future use of the Website (or any portion thereof).
  • You shall not use the Services or Materials for any unlawful purposes or to conduct any unlawful activity, including, but not limited to, fraud, embezzlement, money laundering, or identity theft.

Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872, including minors, un-discharged insolvents, etc. are not eligible to use the Website.

Update 

Agnitio Solutions Pvt. Ltd. has the sole right to modify the Terms of Use without prior permission from You or informing You. The relationship imparts a duty to You, to periodically check the terms and stay updated on its requirements. Your continued use of the Website following such a change is deemed as consent by You to the so amended policies. Considering that You comply with these Terms of Use, we grant You a personal, non-exclusive, non-transferable, limited privilege to use the Application solely for non-commercial purposes. We reserve the right to temporarily disable or permanently discontinue any and all operations of the Website.

Agnitio Pharma’s Role & User Obligations 

By using this Website, the User agrees to comply with all the terms hereof. The right to use this Website is personal to the User and is not transferable to any other person or entity. The User shall be responsible for protecting the confidentiality of their password(s) if any. The User also acknowledges that granting the internet is often a secure environment, on occasion, there are interruptions in service or events which are beyond the control of the Company, and the Company shall not be held responsible for any data lost while transmitting information on the internet. While it is the Company’s objective to make the Website accessible 24 hours per day, 7 days per week, the Website may be unavailable from time to time for any reason including, without limitation, routine maintenance. The user shall understand and acknowledge that due to circumstances both within and outside of the control of the Company, access to the Website may be interrupted, suspended, or terminated from time to time. The Company shall hold the right at any time, to revise or suspend any aspect, or feature of the Website, including, but not limited to, content, accessibility, and equipment needed for access or use. Furthermore, the Company may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method, or may change the transmission speeds or other signal characteristics.

The User shall be responsible for the procurement and maintenance of their telephone, computer hardware, and other equipment required for access to and use of the Website and all charges related thereto. The Company shall not be liable for any damages to the User’s equipment resulting from the use of the Website.

Users shall not have more than one account. Maintaining more than one account by a User shall amount to a fraudulent act on part of the user and attract consequences. The Company owns no responsibility in any manner over any dispute arising out of transactions by any third party using Your account/e-mail provided by You to the Company or payments made by Your credit card by any third party.

The User further agrees to accept responsibility for all transactions made from their account and any dispute arising out of any misuse of the account, whether by a family member, relative, friend, any third party, or otherwise, shall not be entertained by the Company. The user agrees to notify the Company immediately of any unauthorized use of Your account or any other breach of security and understands that the Company reserves the right towards refusal of service, termination of such accounts, or remove or edit content in its sole discretion.

In the event of detection of any fraudulent or declined transaction, prior to initiation of legal actions, the User understands that the Company reserves the right to immediately delete such accounts and dishonor all past and pending orders without any liability including that of refunds.

You approve, comprehend, and confirm that the credit card details provided by You for availing any of the services from the Company will be correct and accurate and You shall not use any credit card which is not lawfully owned by You.

The User shall not disseminate information that is false, inaccurate, or misleading and violates any applicable laws or regulations, for the time being in force in or outside India.

There may be certain orders that Agnitio Pharma is unable to process, or pass on a buyer’s order to the seller and must hence, cancel. Some situations that may result in Agnitio Pharma’s inability to process or pass on the buyer’s order to the seller include, without limitation, non-availability of the Website service, force majeure, credit limitations, or suspected fraud.

In case the buyer purchases multiple Products in one transaction, the Seller(s) may deliver all such Products together. However, this may not always be possible. If a buyer purchases multiple Products in a single transaction, then all the Products would be dispatched to a single delivery address provided by the buyer at the time of purchase. If the buyer wishes to send any of the additional Products to a different address, then the buyer should purchase the Products under separate transactions differing by the delivery address for each order, as may be required. The buyer agrees that the delivery of the Products can be accepted by the person who is present at the shipping address provided by the user.

In certain cases, where the buyer requires certain services in relation to a Product, such as warranty, after-sales, or installation services, the buyer shall directly contact the seller or the manufacturer. However, in the event, buyer contacts Agnitio Pharma for the same, Agnitio Pharma may inform the seller to provide or facilitate the provision of such services to the buyer. Agnitio Pharma is not and shall not be obliged to provide any such additional services. Agnitio Pharm’s role in relation to facilitating such services shall be limited to facilitating communication between buyer and the seller for the purpose of provision of such additional services.

Website Access 

The Company grants You a limited license to access and make personal use of the Website and avail its services. This license does not comprise any downloading or replication of account information for the assistance of another vendor or any other third party; caching, unauthorized hypertext links to the Website, and the framing of any content accessible through the Website. This further includes uploading, posting, or transmitting any content that You do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any disruptive material which may enclose software viruses or any other computer code, programs or files intended to interrupt, destroy or limit the functionality of any computer software or hardware equipment or telecommunications equipment; or execute any action which inflicts or may impose (from the Company’s standpoint) an irrational or disproportionately large load on the Company’s infrastructure; or employ the use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by Company to prevent or restrict access to the Website. Any unauthorized use by You shall terminate the permission or license granted to You by Company.

PAYMENTS

Agnitio Solutions does not levy any fee for browsing the Website. Buyers have to pay the fees for the use of the Website and Services as a whole, or certain features of the Website/Services. You agree to pay any such fees, as may be applicable to the Services You acquire. Agnitio Pharma will attempt to ensure that You are made aware of the applicability of any such fees for a particular application of the Website/Services, as well as the number of fees payable by You for any such use of the Website/Service. You agree that Agnitio Pharma may, at any time, charge, modify or waive fees required to use the Website. Your continued use of the Website/Services after such change in the fees will be considered to be Your acceptance of such changes, and the applicability of these Terms of Use to such changes.

You agree to provide correct and accurate financial information, such as credit/debit card details to the approved payment gateway or pre-paid payment instrument account details for availing Services on the Website. You shall not use the credit/debit card or pre-paid payment instrument, which is not lawfully owned by You, i.e. in any transaction, You must use Your own credit/debit card or pre-paid instrument account. The information provided by You shall not be used or shared with any third party unless it is required in relation to fraud verifications or by law, regulation, or court order or in accordance with the terms of the Privacy Policy. You will be solely responsible for the security and confidentiality of Your credit/debit card details or pre-paid instrument account. Agnitio Pharma expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of Your credit/ debit card or pre-paid instrument account.

Agnitio Pharma may have existing arrangements with its banks, regarding the limits on the amounts You can pay (if You are a buyer) or receive (if You are a seller) in the course of a single transaction. Agnitio Pharma will work towards ensuring that You are made aware of such limits if they may be applicable to You. However, Biomall shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of You/cardholder having exceeded the pre-set limit by Your bank and that of mutually agreed by Agnitio Pharma with its bank from time to time.

Regarding Your payments for buying any Products on the Website, in addition to the Agreement(s), the terms and conditions of Your bank or applicable financial institution and/or card issuing association may also be applicable to You. Your bank, financial institution, or card issuing association may decline or prevent You from making electronic payments for purchasing Products on the Website and Agnitio Pharma does not control the same and shall not be liable for the same.

Agnitio Solutions may from time to time contract with third-party payment service providers including banks, to open a nodal bank account under the applicable Indian laws, to facilitate the payment between Users i.e. buyers and sellers, and for the collection of Payment and other charges. These third-party payment service providers may include third party banking or credit card payment gateways, payment aggregators, pre-paid instruments, cash on delivery or demand draft/pay order on delivery service providers, mobile payment service providers, or through any facility, as may be authorized by the Reserve Bank of India for collection, refund, and remittance, as the case may be of payment or supporting the same in any manner. Agnitio Pharma shall initiate the remittance of the payments made by You for Your purchase orders on the Website after the Products are delivered to You, and the date of completion of transaction shall be after the Products are delivered or another additional time, as may be agreed between Agnitio Pharma and sellers.

DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY

All of the content, products, and services on the Website, or obtained from a Website to which the Website is linked (a “linked Website”) are provided to You “as such ” devoid of warranty of any kind, either stated or implied including, but not restricted to, the understood warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or precision. all warranties, if any, relating to the product and services would be provided by the manufacturer/supplier of such product and not by the company. any claim in relation to the same should be raised against the respective manufacturer/supplier. in any case whatsoever, the company does not endorse and is not responsible for the accuracy or reliability of any opinion, advice, or statement made through the Website by any party beyond us any content found on accompanying Websites or the abilities or dependability of any product or service attained from a linked Website.

Besides what is required under the applicable consumer protection law, under no circumstance will we be liable for any loss or damage caused by a user’s reliance on information obtained through the Website or a linked Website, or the user’s reliance on any product or service obtained from a linked Website. It is the responsibility of the user to evaluate the accuracy, completeness, or usefulness of any opinion, advice, or other content available through the Website, or obtained from a linked Website. Users are requested to seek the advice of professionals, as appropriate, with respect to the evaluation of any specific opinion, advice, service, product, or other content.

 It is understood by the User that, Pictures of the Products shown are merely indicative, and are not an identical representation of the actual product. In case any defect, which is not mentioned in the offer description, which drastically reduces or nullifies the product’s value or serviceability for the designated purpose, comes into the notice of the User, he/she must advise the Supplier of this defect within [7] days of product delivery in order to request for rectification at the Supplier’s expense. The same applies in case the product lacks a characteristic stated or does not contain the features as have been detailed in the offer description by the Supplier. The above clause, in no way, restricts further warranty or guarantee rights.

Agnitio Pharma communicates information provided and created by advertisers, content partners, software developers, publishers, marketing managers, employees, consumers, resellers, and other third parties. While every effort has been made to determine the legitimacy of the content on the Website, Biomall.in has no control over the content, the truth of such content, integrity or quality of such content and the information on our pages, and material on the Website may include technical inaccuracies or typographical errors, and we make no guarantees, nor can we be accountable for any such data, including its authenticity, currency, content, value, copyright agreement or legality, or any other intellectual property rights compliance, or any resulting loss or damage. Furthermore, we are not liable for any kind of damages, losses, or action arising directly or indirectly due to any content, including any faults or omissions in any content, access, and/or usage of the content on the Website or any of them including but not restricted to content-based decisions resulting in loss of data, revenue, profits, property, infection by viruses, etc.

Limitation of Liability

The company along with its subsidiaries, associates, agents, workers, officers, partners, and licensors shall not be held liable towards You for any direct, indirect, accompanying, special, resulting, or exemplary damages, including, but not limited to, damages for loss of profits, opportunity, goodwill, use, data or other intangible losses (even if a company has been advised of the possibility of such damages), resulting from use of the Website, sale and supply of goods content or any related/unrelated services and other services offered on the Website from time to time. If for any reason, the law does not permit exclusions of liability then, the liability of the company shall be limited to such amount paid by the user and retained by the company for the transaction in question.

 All commercial/contractual terms are offered by and agreed to, between the Supplier and the User alone. The marketable/contractual terms comprise without restraint: cost, shipping costs, payment means, payment terms, date, period and mode of delivery, warranties related to products, and post-sales services related to products. The Company does not control, recommend, regulate, or in any further way, involve itself in the offers or acceptance of such commercial/contractual terms between the User and the Supplier. The Company shall not and is not required to mediate or resolve any dispute or disagreement between the Supplier and the User as it is a facilitator for the services at the Website and acts only as an online platform. All the services offered to, through or via the Website are provided on an “as is” basis, without any representation or warranty of any kind from the Company, either stated or implied, including without limitation, any representation or warranty for the accuracy, continuity, uninterrupted access, timeliness, quality, performance for any particular purpose or completeness. The Company and its associates, affiliates and service providers, and technology partners make no representations or warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links, or communications provided on or through the use of the Website or that the operation of the Website will be error-free and/or uninterrupted.

1The Company accepts no liability whatsoever for any financial or other damage experienced by the User on account of any delay, disruption, failure, or corruption of data or other information transmitted in connection with use of the Website. Any interruption or errors in the operation of the Website.

Users clearly understand and comply that the Company shall not be held liable for any direct, indirect, special, incidental, consequential, or exemplary damages, including but not limited to, the damages for loss of profits, goodwill, usage, data, or other intangible losses (even when the Company has been advised of the possibility of such damages). Company shall not at any point of time during any transaction between the User and the Supplier on Website, come into or take possession of any of the products or services offered on the Website, nor shall it at any point gain title to or have any rights or claims over the products or services offered by the Supplier to the User.

At no time shall any right, title, or interest over the products vest with the Company, nor shall the Company have any obligations or liabilities in respect with such a contract. The Company is not responsible for the unsatisfactory or delayed performance of services or damages or delays as a result of products that are out of stock, back-ordered, or otherwise unavailable. All products offered by the Supplier are only for a restricted time, and only for the available supply as offered by Supplier. The Company is not liable for temporary unavailability of the Website, the failure of individual or all Website functions, or incorrect functioning of the Website. The Company is particularly not liable for technical problems that cause offers or bids to be accepted or processed late or incorrectly, or not at all. The Company particularly does not guarantee that the system time clock will match an officially set time.

Links to Third-Party Websites

Users understand and agree that the Company and the Website merely provide hosting services to its Suppliers. All items advertised/listed, and the contents therein are advertised and listed by the Suppliers and are third party user generated contents. The company neither creates nor initiates the broadcast, nor chooses the sender and receiver of the transmission, nor selects or modifies the information contained in the transmission. The Website may contain links to other Websites (“Linked Websites”). The Linked Websites are not under the control of the Company or the Website and the Company is not responsible for the contents of any Linked Website, including without limitation, any link contained in a Linked Website, or any changes or updates to a Linked Website. The Company is not responsible for any form of transmission, whatsoever, received by the Users from any Linked Website. The Company is providing these links to the User only as a convenience, and the inclusion of any link does not imply endorsement by the Company or the Website of the Linked Websites or any association with its operators or owners, including the legal heirs or assigns thereof. The Company is not responsible for any errors, omissions, or representations on any Linked Website. The Company does not endorse any advertiser on any Linked Website in any manner. The Users are requested to authenticate the accuracy of all information in their own capacity, prior to undertaking any reliance on such information.

Use of Communication Services

When You use the Website or send emails to the Company, You are communicating with the Company electronically. You consent to receive communications from the Company electronically. The Company will communicate with You by email, SMS, or by posting notices on the Website. You agree that all agreements, notices, disclosures, and other communications that we provide to You electronically, satisfy any legal requirement that such communications be in writing.

The Website may contain services such as email, chat, bulletin board services, information related to various newsgroups, forums, communities, personal web pages, calendars, and/or other messages (hereinafter collectively referred to as “Communication Services”). The users agree and undertake to use the Communication Services only to post, send/receive messages and material that are proper and related to the Communication Service. As a guideline, and not as a restriction, the user agrees and accepts that when using our Communication Services, the User will not defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, disseminate upload, post, dispense or issue any inappropriate, profane, obscene, pornographic, offensive infringing, indecent or unlawful topic, information material or name upload files that contain software or other material protected by intellectual property laws unless the Users own or control the rights thereto or have received all necessary consents upload or dispense any files which contain corrupted files, viruses, or any other similar software or programs which may damage the operation of the Website or another user’s computer, advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages, conduct or publish contests, surveys, pyramid schemes or chain letters, download any file posted by another user of the Communication Service, that the Users discern, or rationally understand that it cannot be distributed legally by such a method, fabricate or erase any present author attributions, legal or additional proper notices or proprietary designations or source of software, or labels of origin or further material contained in a file which is uploaded, violate any code of conduct or other guidelines, which may be applicable for or to any particular Communication Service. The Company has no obligation to monitor the Communication Services. However, the Company reserves its right to assess materials posted through the Communication Service and consequently erase any material at its sole discretion. The Company reserves the right to terminate the User’s access to any or all the Communication Services at any time without notice for any reason whatsoever. The Company additionally at all times reserves the right to reveal any information as is compulsory to satisfy or comply with any applicable law, regulation, legal process or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, at the Company’s sole discretion. The Company does not control or endorse the content, messages, or information found in any communication service and, therefore, the Company specifically disclaims any liability or responsibility whatsoever with regard to the communication services and any actions resulting from the User’s participation in any communication service. Materials that are uploaded to a Communication Service may be subject to restrictions on usage, dissemination, and/or reproduction. Users are responsible for keeping themselves updated of and adhering to such limitations if they download the materials.

Termination

The Company reserves the right, at its sole discretion, to terminate access to the Website and the related services or any portion thereof at any time, without any prior notice. The Users agree that the Company may under certain circumstances and without prior notice, immediately terminate the User’s user ID and access to the Website/Services. Reasons for termination may include, but shall not be limited to, breach by the Users of this Agreement or the Privacy Policy, buying and selling forbidden products, requests by enforcement or government agencies, requests by the Users, non-payment of fees owed by the User in connection with the Services as specified. This Agreement may be terminated by the User only through a written notice to Company or by sending an email to [email protected]

Upon termination of the Service, the User’s right to use the Website/Services shall immediately cease. The User shall have no right and the Company shall have no obligation thereafter to execute any of the User’s uncompleted tasks or forward any unread or unsent messages to the User or any third party. After the User’s termination, cancellation, or suspension of registration or Services, any data that the User has stored on the Website may not be retrieved later and the User shall have no right over the same.

The User shall be responsible for accessing the Services and that access may involve third-party fees, including airtime charges or internet service provider’s charges which are to be exclusively borne by the Users. The User likewise understands that Services may contain certain communications from the Company in form of service announcements and administrative messages.

 Registration

Registration of Users on the Website is optional. Simply partial access to the Website is accessible to non-registered users. Non-registered Users may not be permitted to avail all the services on the Website. In order to obtain increased access to the Website and the desired functionality, the Users are required to make an account on the Website as a Registered User. If the Users opt to register himself/herself on the Website, upon completion of the registration process, the Users shall receive a user ID and password. Provided You utilize the Website as a Registered User, You alone are in control of maintaining the confidentiality of Your User ID and Password. Furthermore, You are responsible for maintaining the confidentiality of Your personal and non-personal information and for restricting access to Your computer, computer system, and computer network, and additionally accountable for any activity which occurs under Your User ID and Password, cell number email ID in any instance.

 If You register on behalf of a business entity, You represent that business entity and You have the authority to bind the entity to terms and conditions of use and/or this Agreement. The address You use when registering is the principal place of business of such business entity. All other information submitted during the registration process is true, accurate, current, and complete.

 The Users also agree to submit factual, accurate, and complete information regarding himself/herself and his/her beneficiaries as requested by the registration form (“Registration Data”) on the Website and maintain and punctually update any Registration Data to keep it accurate, factual, current and complete.

If the user provides any information that is false, incorrect, not up-to-date, or incomplete, or the Company has rational grounds to suspect that such information is untrue, incorrect, not current, or incomplete, the Company has the right to suspend or terminate the User’s registration and decline any and all current or future use of the Website and/or any Service. Furthermore, the users grant the Company the right to disclose to third parties, Registration Data to the extent necessary for the purpose of carrying out the Services.

Website-Provided Email and Postings

The Website may provide users with the ability to send email messages to other users and to post messages on the Website. The Company is under no obligation to review any messages, information, or content (“Postings”) posted on the Website by users and assumes no responsibility or liability relating to any such postings. Not withstanding the above, the Company may, from time to time, monitor the postings on the Website and may decline to accept and/or remove any email or Postings. You expressively agree not to use any service provided by the Website to post content or initiate communications of a prohibited nature that contains:

Any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law.

Advertisements or solicitations of any kind. Impersonate others or provide any kind of false information. Personal information such as messages which state phone numbers, account numbers, addresses, or employer references. Posts by unauthorized employees of a Company claiming to speak on behalf of the Company or containing confidential information or expressing opinions concerning a Company. Messages that offer unauthorized downloads of any copyrighted or private information. Multiple messages placed within individual folders by the same user restating the same point. Chain letters of any kind.

Spam or send duplicate messages to numerous addresses, advertising any product or service, expressing a political or other similar messages, or any other type of unsolicited commercial message. This prohibition includes but is not limited to using company invitations to send messages to people who don’t know You or who are unlikely to recognize You as a known contact using the Website to connect to people who don’t know You and furthermore sending unsolicited promotional messages to those direct connections without their permission and sending messages to distribution lists, newsgroup aliases, or group aliases.

Trademarks

The trademarks, logos, and service marks (“Marks”) which are presented on the Website are the property of the Company and other respective persons. Users are prohibited from using any marks for any purpose including, but not limited to, use as meta tags on other pages, or Websites on the World Wide Web without the written permission of the Company, or such third party which may own the Marks. All information and content including any software programs available on or through the Website (“Content”) are protected by copyright. Users are forbidden from copying, modifying, dispensing, transmitting, displaying, printing, selling, licensing, creating derivative works, or using any Content available on or through the Website for commercial or public purposes. The Website contains copyrighted material, trademarks, and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and the entire content of the Company is protected by copyright as a collective work under the applicable copyright laws. The Company owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. Users are not permitted to modify, publish, disseminate, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Users may download/print/save copyrighted material for the User’s personal use only. Exclusive of what is otherwise decisively specified under the copyright law, no plagiarism, redistribution, retransmission, publication, or commercial misuse of downloaded material without the communicated permission of the Company and the copyright owner is allowed. When copying, redistribution, or publication of certain copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend, or copyright notice shall be carried out by the User. The User accepts that he/she/it does not obtain any ownership rights from downloading any copyrighted material. Trademarks which are found within or on the Website, or a Website otherwise possessed or operated in combination with the Company, shall not be considered to be in the public domain, but rather, the private possession of the Company unless such Website is under license from the trademark owner thereof in which case such license is for the exclusive assistance and use of the Company unless otherwise indicated.

Proprietary Rights

You hereby acknowledge that Agnitio Solutions owns all rights, titles, and interests in and to the Website and to any and all proprietary and confidential information contained therein (“Information”). The Website and Information are protected by applicable intellectual property and other laws, including patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all additional registered rights, and any and all applications, restitutions, extensions, and restorations thereof, now or hereafter in force and effect internationally.

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, and artwork (collectively, “Content”). This Content is protected by applicable intellectual property rights and is the property of the Company, its third-party licensors and partners, and other entities that provide such content to the Company. You may not (or enable others to) copy, distribute, display, modify, or otherwise use the Content except as it is provided to You through the Application hereunder. The Company and its licensors make no representations or warranties regarding the accuracy or completeness of the Content.

Excluding when permitted, the regular use of such content and it being replicated, republished, uploaded, posted, publicly exhibited, encoded, translated, transmitted, or distributed in any method to any other computer, server, or another medium for publication or distribution or for any commercial enterprise, without our expressed prior written consent is not allowed.

 Copyright

All data, content, services, and software showed on, transmitted through, or used in connection with the Website, including for example news articles, reviews, directories, guides, text, pictures, images, illustrations, audio clips, video, HTML, source and object code, trademarks, logos, and the like (collectively, the “Content”), as well as its selection and arrangement, is possessed by us, and its affiliated companies, licensors, and suppliers. You may utilize the Content only online, and solely for Your personal, non-commercial use, and additionally may be allowed to download or print a single copy of any portion of the Content solely for non-commercial application, provided You do not remove any trademark, copyright, or other notice from such Content.

Users are not permitted to, republish any part of the Content on any part of the Internet, Intranet, or integrate this content in any database, assembly, archive, or cache. You may additionally, not dispense any Content externally, whether or not for payment or other consideration, and You may not amend, copy, frame, cache, replicate, sell, publish, communicate, display, or otherwise use any portion of the Content. You comply not to reverse engineer, decompile, or undo any software or other products or processes which are accessible through the Application, not to insert any code or product or operate the content of the Website in any way that affects the user’s experience, and not to use any data mining, gathering or extraction method.

Consequence of Breach

You acknowledge that a violation or attempted violation of any part of this agreement will cause such damage to the company as will be irreparable, the exact amount of which would be impossible to ascertain and for which there will be no adequate remedy at law.

In no event shall You be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operations, the exploitation of any advertising or other materials issued in connection therewith, or the exploitation of the Website or any content used or displayed through the Website.

Without prejudice to the other remedies available to Company under this agreement or under applicable law, the company may limit the user’s activity, or end the users listing, warn other consumers of the user’s actions, immediately temporarily/indefinitely suspend or terminate the user’s registration, and/or refuse to provide the user with access to the Website.

 If the users are in breach of this agreement, the privacy policy, and/or the documents it incorporates by reference, the Company is unable to verify or authenticate any information provided by the Users, the Company believes that the user’s actions may infringe on any third party rights or breach any applicable law or otherwise result in any liability for the Users, other users of the Website and/or Company.

Indemnity

You shall indemnify and hold harmless and defend the Company, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, 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 (including infringement of intellectual property rights) of a third party.

Amendment

Agnitio Solutions reserve the right, in our sole discretion, to modify or replace any part of this Agreement at any time, effective upon the date of the change. In the event of any such change, we will post a notice on the Website regarding the change in the Agreement. It is acknowledged that occasionally there are issues with email communication. We are not responsible if any email notice gets caught by Your SPAM filter resulting in Your failure to notice it, or if You have provided us an incorrect email address (or failed to update Your address), or if there are additional communications issues that prevent an email from reaching You. Therefore, we encourage You to frequently visit the page periodically to monitor any changes. Your sustained usage of, or access to any Services, succeeding the upload of any changes to this Agreement establishes acceptance of those changes. The company may, from time to time, launch new services and/or features through the Website (including the release of new tools and resources). For the evasion of doubt, the aforementioned new features and/or services shall be subject to the terms and conditions of this Agreement.

 Disputes

The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of the state of Maharashtra with regards to its rules on conflicts or choice of law and, to the extent applicable, the laws of India.  The sole jurisdiction and venue for any action related to the subject matter hereof shall be the state and federal courts situated in Mumbai, India, and You hereby yield to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement.  This Agreement does not accept, The United Nations Convention on Contracts for the International Sale of Goods.

Privacy

We encourage You to read the Privacy Policy and to use the information it contains to help You make informed decisions. Additionally, note that certain data, statements, data, and content (such as pictures) which users post on the Website are likely to reveal their gender, ethnic origin, nationality, age, and/or other personal information about them. You acknowledge and agree that Your submission of such information is voluntary on Your part. Furthermore, You acknowledge, consent and agree that we may access, preserve, and disclose Your registration and any other information You provide if required to do so by the law or in a good faith, belief that such access, preservation, or disclosure is reasonably necessary for our opinion. Disclosure of User information to third parties is further addressed in the Privacy Policy.

Jurisdiction

This Agreement and the legal relations between the parties hereto shall be governed by and construed in accordance with the laws of India, without reference to its conflict-of-laws principles. The parties hereto, their successors and assigns, consent to the jurisdiction of the courts of India with respect to any legal proceedings related to this Agreement, and waive any objection to the propriety or convenience of venue in such courts.

Entire Agreement

This Agreement is the complete and exclusive statement of the promises between the parties with respect to the subject matter hereof and supersedes all other communications or representations or agreements (whether oral, written, or otherwise) relating thereto.

General Terms

 If any provision of this Agreement shall to any degree be held unacceptable, prohibited, or unenforceable, the validity, legality, and enforceability of the remaining provisions of this Agreement shall in no manner be impacted or compromised thereby, and each such provision of this Agreement shall be binding and enforceable to the maximum extent acceptable by law. In such a case, this Agreement shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while protecting to the maximum extent, the rights and commercial prospects of the parties hereto, as expressed herein.

You approve that irrespective of any statute or law to the contrary, any assertion or cause of action resulting out of or related to the usage of the Application or this Agreement must be filed by You within one year after such claim or cause of action, else it is invalid. The section titles in this Agreement are for convenience’s sake and themselves have no legal or binding effect.

You cannot assign or otherwise transfer the Agreements, or any rights granted hereunder or any obligations, to any third party, and any such assignment or transfer or purported assignment or transfer shall be void ab initio. Agnitio Solutions’ rights and/or obligations under the Agreement are freely assignable or otherwise transferable by Agnitio Solutions to any third parties without the requirement of seeking Your prior consent. Agnitio Solutions may inform You of such assignment or transfer in accordance with the notice requirements under the Agreement. Agnitio Solutions shall have the right to transfer Your Account and Account Information to a third party who purchases Agnitio Solutions’ business as conducted under the Website.

You agree that Agnitio Solutions shall be under no liability whatsoever to You in the event of non-availability of the Website and/or any of the Services or any portion thereof, occasioned by an Act of God, war, disease, revolution, riot, civil commotion, strike, lockout, flood, fire, satellite failure, failure of any public utility, man-made disaster, satellite failure or any other cause whatsoever beyond the control of Agnitio Solutions (including any event which is caused by the failure or non-performance on the part of the Content Owners or the Platform Partners).

You and Agnitio Solutions are independent contractors, and nothing in these Terms of Use will be construed to create a partnership, joint venture

Terms of Use

“General” 

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy, and Terms of Use for access or usage of domain name 

[www.agnitio.co.in]

, hereinafter referred as “Website”

The Website is owned by Agnitio Solutions Private Limited a company incorporated under the Companies Act, 1956 with its registered office at R 361, Jalvayu Vihar Sector 21 Noida, Uttar Pradesh, India (hereinafter referred to as ” Agnitio Pharma”).

The use of the Website and services and tools are governed by the following terms and conditions (“Terms of Use”) as applicable to the Website including the applicable policies which are incorporated herein by way of reference. If You transact on the Website, You shall be subject to the policies that are applicable to the Website for such transaction. By mere use of the Website, You shall be contracting with Agnitio Solutions Pvt Ltd and these terms and conditions including the policies constitute Your binding obligations, with Agnitio Pharma.

For the purpose of these Terms of Use, wherever the context so requires “You” or “User” shall mean any natural or legal person who has agreed to become a user by accessing the Website and content therein. The Website application operated by us which provides its services without the registration/acceptance does not release the user from this contractual relationship. The term “Supplier” shall refer to any natural or legal entity that has been authorized to supply goods to any user or any individual buyer through the Website.

When You use any of the services provided by Us through the Website “Terms of Use”, “Privacy Policy” “Terms of Sale” and Seller Agreement including but not limited to, (e.g. Product Reviews, Seller Reviews), You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. It is Your responsibility to review these Terms of Use periodically for updates/changes. Your continued use of the Website following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform.

ACCESSING, BROWSING, OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by Agnitio Pharma Policies ((including but not limited to Privacy Policy, Seller Agreement, Additional Service Terms or Agreement(s)  available on Website) as amended from time to time.

If there is any conflict, between the Privacy Policy and any other Agreement, the Privacy Policy shall take precedence but only to the extent of the conflict. If between the Additional Service Terms and any other part of these Terms of Use, the Additional Service Terms shall take precedence in relation to that Service. If between the Seller Agreement and any other part of these Terms of Use, the Seller Agreement shall take precedence but only to the extent of the conflict. If between these Terms of Use and any other notices, disclaimers, or guidelines appearing on the Website, these Terms of Use shall take precedence but only to the extent of the conflict.

Membership Eligibility

Transaction on the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents, etc. are not eligible to use the Website. If You are a minor i.e. under the age of 18 years, You may use the Website or access content on the Website only under the supervision and prior consent/ permission of a parent or legal guardian.

As a minor, if You wish to transact on the Website, such transaction on the Website may be made by Your legal guardian or parents. Agnitio Solutions reserves the right to terminate Your membership and/or refuse to provide You with access to the Website if it is brought to Agnitio Solution’s notice or if it is discovered that You are under the age of 18 years and transacting on the Website.

Registration & its Obligations

Registration of Users on the Website is optional. Simply partial access to the Website is accessible to non-registered users. Non-registered Users may not be permitted to avail all the services on the Website. In order to obtain complete access to the Website and the desired functionality, the Users are required to make an account on the Website as a Registered User. If the Users opt to register himself/herself on the Website, upon completion of the registration process, the Users shall receive a welcome email containing a User ID and password.

The Users also agree to submit factual, accurate, and complete information regarding himself/herself and his/her beneficiaries as requested by the registration form (“Registration Data”) on the Website and maintain and punctually update any Registration Data to keep it accurate, factual, current and complete.

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 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.

If You registered as Seller. You represent that business entity and You have the authority to bind the entity to terms and condition of use and/or this Agreement the address You use when registering is the principal place of business of such business entity. All other information submitted to Agnitio Solutions during the registration process is true, accurate, current, and complete.

You agree that Agnitio Solutions shall not be liable or responsible for the activities or consequences of use or misuse of any information that occurs under Your Account. If You share or allow others to have access to Your account on the Website (“Account”), You shall be solely liable and responsible for all the activities undertaken under Your Account, and any consequences therefrom.

Use of Website 

You agree, undertake and confirm that Your use of Website shall be strictly governed by the Terms and Conditions (“Terms”) and the linked Privacy Policy, The Website permits You to browse, select, send inquiries to suppliers, purchase goods, etc.

This User Agreement sets out the terms and conditions on which we shall provide the Services to the Users through the Website. The Users shall be deemed to have read, understood, and accepted this Agreement, which may be updated or modified by us from time to time.

The use of this Website is granted to the Users, conditioned on approval without alteration of all the terms, conditions, and notices contained in this Agreement, and of those which may be updated on the Website from time to time. This Agreement shall be effective and binding upon the user’s ‘acceptance’. For exclusion of doubts, it is explained that the use of the Website by the Users establishes an acknowledgment and acceptance by the Users of this Agreement. If the Users do not agree with any part of such terms, conditions, and notices, the Users must not use the Website.

The Company at its sole discretion holds the right, not to accept any request by the users for listing, display, or offering any products and services through the Website without conveying any reason thereof. Any contract towards the provision of a service is not complete until an entire consideration towards the service is received.

The user is requested to refer to the Privacy Policy for details. We shall have no responsibility in any manner whatsoever regarding any promotional emails or SMS/MMS sent to You. The offers made in the aforesaid emails and/or SMS/MMS shall be subject to approval at the sole discretion of the Company, and the Company owes no responsibility to provide any additional information regarding such change.

By implying to or expressly accepting these Terms of Service, You also accept and agree to be bound by our other Policies, inter alia Privacy Policy, which would be amended from time to time.

You may not use the Website in any manner that may impair, overburden, damage, disable or otherwise compromise

 

  • Company’s services.
  • Any other party’s use and enjoyment of the company’s services
  • The services and products of any third parties (including, without limitation, the Device used to provide such services on the Website).

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

 

  • belongs to another person and to which You does not have any right to;
  • is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, 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; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
  • is misleading in any way;
  • is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred, or physical harm of any kind against any group or individual;
  • harasses or advocates harassment of another person;
  • involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
  • promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libelous;
  • 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 publicity];
  • 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;
  • contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
  • provides material that exploits people in a sexual, violent, or otherwise inappropriate manner or solicits personal information from anyone;
  • provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
  • contains video, photographs, or images of another person (with a minor or an adult).
  • 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;
  • 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” products related to the Website. Throughout this Terms of Use, Agnitio Pharm’s prior written consent means a communication coming from Agnitio Pharma’s Legal Department, specifically in response to Your request, and specifically addressing the activity or conduct for which You seek authorization;
  • Solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal;
  • interferes with another USER’s use and enjoyment of the Website or any other individual’s User and enjoyment of similar services;
  • refers to any Website or URL that, in Our sole discretion, contains material that is inappropriate for the Website or any other Platform, contains content that would be prohibited or violates the letter or spirit of these Terms of Use.
  • harm minors in any way;
  • 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 products;
  • violates any law for the time being in force;
  • deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  • impersonate another person;
  • contains software viruses or any other computer code, 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 the value of, surreptitiously intercept or expropriate any system, data or personal information;
  • threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation.
  • shall not be false, inaccurate, or misleading;
  • 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.
  • shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider (“ISPs”) or other suppliers;
  • You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic devices, 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.
  • 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.
  • 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 Platform.
  • You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.
  • You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through the Website or any service offered on or through the Website. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
  • 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 that infringes the rights of Agnitio Solutions Pvt Ltd and/or others.
  • You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules, and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax (GST)/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
  • 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 the use of the Website.
  • From time to time, You shall be responsible for providing information relating to the products or services proposed to be sold by You. In this connection, You undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such products or services so as to mislead other Users in any manner.
  • You shall not engage in advertising to or solicitation of, other Users of the Website to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the or related to us. You may not transmit any chain letters or unsolicited commercial or junk email to other users via the Website. It shall be a violation of these Terms of Use to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than Us without Our prior explicit consent. In order to protect Our Users from such advertising or solicitation, We reserve the right to restrict the number of messages or emails which a user may send to other Users in any 24-hour period which We deem appropriate in its sole discretion. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation, or valid governmental request. This may include, without limitation, disclosure of the information in connection with the investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as we, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
  • You agree to comply with all the local laws and regulations governing the downloading, viewing of contents and any other laws that apply to the usage of a Website without limitation, and any usage rules set forth in the terms of service of the online application store.
  • You hereby certify that You are at least 18 years of age.
  • You agree to ensure the email address provided in Your account registration is valid at all times and will keep Your contact information accurate and up to date. If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or the Company has reasonable grounds to suspect that the provided information is untrue, inaccurate, not current or incomplete, then we have the right to suspend or terminate Your account and refuse any and all current or future use of the Website (or any portion thereof).
  • You shall not use the Services or Materials for any unlawful purposes or to conduct any unlawful activity, including, but not limited to, fraud, embezzlement, money laundering, or identity theft.

Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872, including minors, un-discharged insolvents, etc. are not eligible to use the Website.

Update 

Agnitio Solutions Pvt. Ltd. has the sole right to modify the Terms of Use without prior permission from You or informing You. The relationship imparts a duty to You, to periodically check the terms and stay updated on its requirements. Your continued use of the Website following such a change is deemed as consent by You to the so amended policies. Considering that You comply with these Terms of Use, we grant You a personal, non-exclusive, non-transferable, limited privilege to use the Application solely for non-commercial purposes. We reserve the right to temporarily disable or permanently discontinue any and all operations of the Website.

Agnitio Pharma’s Role & User Obligations 

By using this Website, the User agrees to comply with all the terms hereof. The right to use this Website is personal to the User and is not transferable to any other person or entity. The User shall be responsible for protecting the confidentiality of their password(s) if any. The User also acknowledges that granting the internet is often a secure environment, on occasion, there are interruptions in service or events which are beyond the control of the Company, and the Company shall not be held responsible for any data lost while transmitting information on the internet. While it is the Company’s objective to make the Website accessible 24 hours per day, 7 days per week, the Website may be unavailable from time to time for any reason including, without limitation, routine maintenance. The user shall understand and acknowledge that due to circumstances both within and outside of the control of the Company, access to the Website may be interrupted, suspended, or terminated from time to time. The Company shall hold the right at any time, to revise or suspend any aspect, or feature of the Website, including, but not limited to, content, accessibility, and equipment needed for access or use. Furthermore, the Company may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method, or may change the transmission speeds or other signal characteristics.

The User shall be responsible for the procurement and maintenance of their telephone, computer hardware, and other equipment required for access to and use of the Website and all charges related thereto. The Company shall not be liable for any damages to the User’s equipment resulting from the use of the Website.

Users shall not have more than one account. Maintaining more than one account by a User shall amount to a fraudulent act on part of the user and attract consequences. The Company owns no responsibility in any manner over any dispute arising out of transactions by any third party using Your account/e-mail provided by You to the Company or payments made by Your credit card by any third party.

The User further agrees to accept responsibility for all transactions made from their account and any dispute arising out of any misuse of the account, whether by a family member, relative, friend, any third party, or otherwise, shall not be entertained by the Company. The user agrees to notify the Company immediately of any unauthorized use of Your account or any other breach of security and understands that the Company reserves the right towards refusal of service, termination of such accounts, or remove or edit content in its sole discretion.

In the event of detection of any fraudulent or declined transaction, prior to initiation of legal actions, the User understands that the Company reserves the right to immediately delete such accounts and dishonor all past and pending orders without any liability including that of refunds.

You approve, comprehend, and confirm that the credit card details provided by You for availing any of the services from the Company will be correct and accurate and You shall not use any credit card which is not lawfully owned by You.

The User shall not disseminate information that is false, inaccurate, or misleading and violates any applicable laws or regulations, for the time being in force in or outside India.

There may be certain orders that Agnitio Pharma is unable to process, or pass on a buyer’s order to the seller and must hence, cancel. Some situations that may result in Agnitio Pharma’s inability to process or pass on the buyer’s order to the seller include, without limitation, non-availability of the Website service, force majeure, credit limitations, or suspected fraud.

In case the buyer purchases multiple Products in one transaction, the Seller(s) may deliver all such Products together. However, this may not always be possible. If a buyer purchases multiple Products in a single transaction, then all the Products would be dispatched to a single delivery address provided by the buyer at the time of purchase. If the buyer wishes to send any of the additional Products to a different address, then the buyer should purchase the Products under separate transactions differing by the delivery address for each order, as may be required. The buyer agrees that the delivery of the Products can be accepted by the person who is present at the shipping address provided by the user.

In certain cases, where the buyer requires certain services in relation to a Product, such as warranty, after-sales, or installation services, the buyer shall directly contact the seller or the manufacturer. However, in the event, buyer contacts Agnitio Pharma for the same, Agnitio Pharma may inform the seller to provide or facilitate the provision of such services to the buyer. Agnitio Pharma is not and shall not be obliged to provide any such additional services. Agnitio Pharm’s role in relation to facilitating such services shall be limited to facilitating communication between buyer and the seller for the purpose of provision of such additional services.

Website Access 

The Company grants You a limited license to access and make personal use of the Website and avail its services. This license does not comprise any downloading or replication of account information for the assistance of another vendor or any other third party; caching, unauthorized hypertext links to the Website, and the framing of any content accessible through the Website. This further includes uploading, posting, or transmitting any content that You do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any disruptive material which may enclose software viruses or any other computer code, programs or files intended to interrupt, destroy or limit the functionality of any computer software or hardware equipment or telecommunications equipment; or execute any action which inflicts or may impose (from the Company’s standpoint) an irrational or disproportionately large load on the Company’s infrastructure; or employ the use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by Company to prevent or restrict access to the Website. Any unauthorized use by You shall terminate the permission or license granted to You by Company.

PAYMENTS

Agnitio Solutions does not levy any fee for browsing the Website. Buyers have to pay the fees for the use of the Website and Services as a whole, or certain features of the Website/Services. You agree to pay any such fees, as may be applicable to the Services You acquire. Agnitio Pharma will attempt to ensure that You are made aware of the applicability of any such fees for a particular application of the Website/Services, as well as the number of fees payable by You for any such use of the Website/Service. You agree that Agnitio Pharma may, at any time, charge, modify or waive fees required to use the Website. Your continued use of the Website/Services after such change in the fees will be considered to be Your acceptance of such changes, and the applicability of these Terms of Use to such changes.

You agree to provide correct and accurate financial information, such as credit/debit card details to the approved payment gateway or pre-paid payment instrument account details for availing Services on the Website. You shall not use the credit/debit card or pre-paid payment instrument, which is not lawfully owned by You, i.e. in any transaction, You must use Your own credit/debit card or pre-paid instrument account. The information provided by You shall not be used or shared with any third party unless it is required in relation to fraud verifications or by law, regulation, or court order or in accordance with the terms of the Privacy Policy. You will be solely responsible for the security and confidentiality of Your credit/debit card details or pre-paid instrument account. Agnitio Pharma expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of Your credit/ debit card or pre-paid instrument account.

Agnitio Pharma may have existing arrangements with its banks, regarding the limits on the amounts You can pay (if You are a buyer) or receive (if You are a seller) in the course of a single transaction. Agnitio Pharma will work towards ensuring that You are made aware of such limits if they may be applicable to You. However, Biomall shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of You/cardholder having exceeded the pre-set limit by Your bank and that of mutually agreed by Agnitio Pharma with its bank from time to time.

Regarding Your payments for buying any Products on the Website, in addition to the Agreement(s), the terms and conditions of Your bank or applicable financial institution and/or card issuing association may also be applicable to You. Your bank, financial institution, or card issuing association may decline or prevent You from making electronic payments for purchasing Products on the Website and Agnitio Pharma does not control the same and shall not be liable for the same.

Agnitio Solutions may from time to time contract with third-party payment service providers including banks, to open a nodal bank account under the applicable Indian laws, to facilitate the payment between Users i.e. buyers and sellers, and for the collection of Payment and other charges. These third-party payment service providers may include third party banking or credit card payment gateways, payment aggregators, pre-paid instruments, cash on delivery or demand draft/pay order on delivery service providers, mobile payment service providers, or through any facility, as may be authorized by the Reserve Bank of India for collection, refund, and remittance, as the case may be of payment or supporting the same in any manner. Agnitio Pharma shall initiate the remittance of the payments made by You for Your purchase orders on the Website after the Products are delivered to You, and the date of completion of transaction shall be after the Products are delivered or another additional time, as may be agreed between Agnitio Pharma and sellers.

DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY

All of the content, products, and services on the Website, or obtained from a Website to which the Website is linked (a “linked Website”) are provided to You “as such ” devoid of warranty of any kind, either stated or implied including, but not restricted to, the understood warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or precision. all warranties, if any, relating to the product and services would be provided by the manufacturer/supplier of such product and not by the company. any claim in relation to the same should be raised against the respective manufacturer/supplier. in any case whatsoever, the company does not endorse and is not responsible for the accuracy or reliability of any opinion, advice, or statement made through the Website by any party beyond us any content found on accompanying Websites or the abilities or dependability of any product or service attained from a linked Website.

Besides what is required under the applicable consumer protection law, under no circumstance will we be liable for any loss or damage caused by a user’s reliance on information obtained through the Website or a linked Website, or the user’s reliance on any product or service obtained from a linked Website. It is the responsibility of the user to evaluate the accuracy, completeness, or usefulness of any opinion, advice, or other content available through the Website, or obtained from a linked Website. Users are requested to seek the advice of professionals, as appropriate, with respect to the evaluation of any specific opinion, advice, service, product, or other content.

 It is understood by the User that, Pictures of the Products shown are merely indicative, and are not an identical representation of the actual product. In case any defect, which is not mentioned in the offer description, which drastically reduces or nullifies the product’s value or serviceability for the designated purpose, comes into the notice of the User, he/she must advise the Supplier of this defect within [7] days of product delivery in order to request for rectification at the Supplier’s expense. The same applies in case the product lacks a characteristic stated or does not contain the features as have been detailed in the offer description by the Supplier. The above clause, in no way, restricts further warranty or guarantee rights.

Agnitio Pharma communicates information provided and created by advertisers, content partners, software developers, publishers, marketing managers, employees, consumers, resellers, and other third parties. While every effort has been made to determine the legitimacy of the content on the Website, Biomall.in has no control over the content, the truth of such content, integrity or quality of such content and the information on our pages, and material on the Website may include technical inaccuracies or typographical errors, and we make no guarantees, nor can we be accountable for any such data, including its authenticity, currency, content, value, copyright agreement or legality, or any other intellectual property rights compliance, or any resulting loss or damage. Furthermore, we are not liable for any kind of damages, losses, or action arising directly or indirectly due to any content, including any faults or omissions in any content, access, and/or usage of the content on the Website or any of them including but not restricted to content-based decisions resulting in loss of data, revenue, profits, property, infection by viruses, etc.

Limitation of Liability

The company along with its subsidiaries, associates, agents, workers, officers, partners, and licensors shall not be held liable towards You for any direct, indirect, accompanying, special, resulting, or exemplary damages, including, but not limited to, damages for loss of profits, opportunity, goodwill, use, data or other intangible losses (even if a company has been advised of the possibility of such damages), resulting from use of the Website, sale and supply of goods content or any related/unrelated services and other services offered on the Website from time to time. If for any reason, the law does not permit exclusions of liability then, the liability of the company shall be limited to such amount paid by the user and retained by the company for the transaction in question.

 All commercial/contractual terms are offered by and agreed to, between the Supplier and the User alone. The marketable/contractual terms comprise without restraint: cost, shipping costs, payment means, payment terms, date, period and mode of delivery, warranties related to products, and post-sales services related to products. The Company does not control, recommend, regulate, or in any further way, involve itself in the offers or acceptance of such commercial/contractual terms between the User and the Supplier. The Company shall not and is not required to mediate or resolve any dispute or disagreement between the Supplier and the User as it is a facilitator for the services at the Website and acts only as an online platform. All the services offered to, through or via the Website are provided on an “as is” basis, without any representation or warranty of any kind from the Company, either stated or implied, including without limitation, any representation or warranty for the accuracy, continuity, uninterrupted access, timeliness, quality, performance for any particular purpose or completeness. The Company and its associates, affiliates and service providers, and technology partners make no representations or warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links, or communications provided on or through the use of the Website or that the operation of the Website will be error-free and/or uninterrupted.

1The Company accepts no liability whatsoever for any financial or other damage experienced by the User on account of any delay, disruption, failure, or corruption of data or other information transmitted in connection with use of the Website. Any interruption or errors in the operation of the Website.

Users clearly understand and comply that the Company shall not be held liable for any direct, indirect, special, incidental, consequential, or exemplary damages, including but not limited to, the damages for loss of profits, goodwill, usage, data, or other intangible losses (even when the Company has been advised of the possibility of such damages). Company shall not at any point of time during any transaction between the User and the Supplier on Website, come into or take possession of any of the products or services offered on the Website, nor shall it at any point gain title to or have any rights or claims over the products or services offered by the Supplier to the User.

At no time shall any right, title, or interest over the products vest with the Company, nor shall the Company have any obligations or liabilities in respect with such a contract. The Company is not responsible for the unsatisfactory or delayed performance of services or damages or delays as a result of products that are out of stock, back-ordered, or otherwise unavailable. All products offered by the Supplier are only for a restricted time, and only for the available supply as offered by Supplier. The Company is not liable for temporary unavailability of the Website, the failure of individual or all Website functions, or incorrect functioning of the Website. The Company is particularly not liable for technical problems that cause offers or bids to be accepted or processed late or incorrectly, or not at all. The Company particularly does not guarantee that the system time clock will match an officially set time.

Links to Third-Party Websites

Users understand and agree that the Company and the Website merely provide hosting services to its Suppliers. All items advertised/listed, and the contents therein are advertised and listed by the Suppliers and are third party user generated contents. The company neither creates nor initiates the broadcast, nor chooses the sender and receiver of the transmission, nor selects or modifies the information contained in the transmission. The Website may contain links to other Websites (“Linked Websites”). The Linked Websites are not under the control of the Company or the Website and the Company is not responsible for the contents of any Linked Website, including without limitation, any link contained in a Linked Website, or any changes or updates to a Linked Website. The Company is not responsible for any form of transmission, whatsoever, received by the Users from any Linked Website. The Company is providing these links to the User only as a convenience, and the inclusion of any link does not imply endorsement by the Company or the Website of the Linked Websites or any association with its operators or owners, including the legal heirs or assigns thereof. The Company is not responsible for any errors, omissions, or representations on any Linked Website. The Company does not endorse any advertiser on any Linked Website in any manner. The Users are requested to authenticate the accuracy of all information in their own capacity, prior to undertaking any reliance on such information.

Use of Communication Services

When You use the Website or send emails to the Company, You are communicating with the Company electronically. You consent to receive communications from the Company electronically. The Company will communicate with You by email, SMS, or by posting notices on the Website. You agree that all agreements, notices, disclosures, and other communications that we provide to You electronically, satisfy any legal requirement that such communications be in writing.

The Website may contain services such as email, chat, bulletin board services, information related to various newsgroups, forums, communities, personal web pages, calendars, and/or other messages (hereinafter collectively referred to as “Communication Services”). The users agree and undertake to use the Communication Services only to post, send/receive messages and material that are proper and related to the Communication Service. As a guideline, and not as a restriction, the user agrees and accepts that when using our Communication Services, the User will not defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, disseminate upload, post, dispense or issue any inappropriate, profane, obscene, pornographic, offensive infringing, indecent or unlawful topic, information material or name upload files that contain software or other material protected by intellectual property laws unless the Users own or control the rights thereto or have received all necessary consents upload or dispense any files which contain corrupted files, viruses, or any other similar software or programs which may damage the operation of the Website or another user’s computer, advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages, conduct or publish contests, surveys, pyramid schemes or chain letters, download any file posted by another user of the Communication Service, that the Users discern, or rationally understand that it cannot be distributed legally by such a method, fabricate or erase any present author attributions, legal or additional proper notices or proprietary designations or source of software, or labels of origin or further material contained in a file which is uploaded, violate any code of conduct or other guidelines, which may be applicable for or to any particular Communication Service. The Company has no obligation to monitor the Communication Services. However, the Company reserves its right to assess materials posted through the Communication Service and consequently erase any material at its sole discretion. The Company reserves the right to terminate the User’s access to any or all the Communication Services at any time without notice for any reason whatsoever. The Company additionally at all times reserves the right to reveal any information as is compulsory to satisfy or comply with any applicable law, regulation, legal process or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, at the Company’s sole discretion. The Company does not control or endorse the content, messages, or information found in any communication service and, therefore, the Company specifically disclaims any liability or responsibility whatsoever with regard to the communication services and any actions resulting from the User’s participation in any communication service. Materials that are uploaded to a Communication Service may be subject to restrictions on usage, dissemination, and/or reproduction. Users are responsible for keeping themselves updated of and adhering to such limitations if they download the materials.

Termination

The Company reserves the right, at its sole discretion, to terminate access to the Website and the related services or any portion thereof at any time, without any prior notice. The Users agree that the Company may under certain circumstances and without prior notice, immediately terminate the User’s user ID and access to the Website/Services. Reasons for termination may include, but shall not be limited to, breach by the Users of this Agreement or the Privacy Policy, buying and selling forbidden products, requests by enforcement or government agencies, requests by the Users, non-payment of fees owed by the User in connection with the Services as specified. This Agreement may be terminated by the User only through a written notice to Company or by sending an email to [email protected]

Upon termination of the Service, the User’s right to use the Website/Services shall immediately cease. The User shall have no right and the Company shall have no obligation thereafter to execute any of the User’s uncompleted tasks or forward any unread or unsent messages to the User or any third party. After the User’s termination, cancellation, or suspension of registration or Services, any data that the User has stored on the Website may not be retrieved later and the User shall have no right over the same.

The User shall be responsible for accessing the Services and that access may involve third-party fees, including airtime charges or internet service provider’s charges which are to be exclusively borne by the Users. The User likewise understands that Services may contain certain communications from the Company in form of service announcements and administrative messages.

 Registration

Registration of Users on the Website is optional. Simply partial access to the Website is accessible to non-registered users. Non-registered Users may not be permitted to avail all the services on the Website. In order to obtain increased access to the Website and the desired functionality, the Users are required to make an account on the Website as a Registered User. If the Users opt to register himself/herself on the Website, upon completion of the registration process, the Users shall receive a user ID and password. Provided You utilize the Website as a Registered User, You alone are in control of maintaining the confidentiality of Your User ID and Password. Furthermore, You are responsible for maintaining the confidentiality of Your personal and non-personal information and for restricting access to Your computer, computer system, and computer network, and additionally accountable for any activity which occurs under Your User ID and Password, cell number email ID in any instance.

 If You register on behalf of a business entity, You represent that business entity and You have the authority to bind the entity to terms and conditions of use and/or this Agreement. The address You use when registering is the principal place of business of such business entity. All other information submitted during the registration process is true, accurate, current, and complete.

 The Users also agree to submit factual, accurate, and complete information regarding himself/herself and his/her beneficiaries as requested by the registration form (“Registration Data”) on the Website and maintain and punctually update any Registration Data to keep it accurate, factual, current and complete.

If the user provides any information that is false, incorrect, not up-to-date, or incomplete, or the Company has rational grounds to suspect that such information is untrue, incorrect, not current, or incomplete, the Company has the right to suspend or terminate the User’s registration and decline any and all current or future use of the Website and/or any Service. Furthermore, the users grant the Company the right to disclose to third parties, Registration Data to the extent necessary for the purpose of carrying out the Services.

Website-Provided Email and Postings

The Website may provide users with the ability to send email messages to other users and to post messages on the Website. The Company is under no obligation to review any messages, information, or content (“Postings”) posted on the Website by users and assumes no responsibility or liability relating to any such postings. Not withstanding the above, the Company may, from time to time, monitor the postings on the Website and may decline to accept and/or remove any email or Postings. You expressively agree not to use any service provided by the Website to post content or initiate communications of a prohibited nature that contains:

Any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law.

Advertisements or solicitations of any kind. Impersonate others or provide any kind of false information. Personal information such as messages which state phone numbers, account numbers, addresses, or employer references. Posts by unauthorized employees of a Company claiming to speak on behalf of the Company or containing confidential information or expressing opinions concerning a Company. Messages that offer unauthorized downloads of any copyrighted or private information. Multiple messages placed within individual folders by the same user restating the same point. Chain letters of any kind.

Spam or send duplicate messages to numerous addresses, advertising any product or service, expressing a political or other similar messages, or any other type of unsolicited commercial message. This prohibition includes but is not limited to using company invitations to send messages to people who don’t know You or who are unlikely to recognize You as a known contact using the Website to connect to people who don’t know You and furthermore sending unsolicited promotional messages to those direct connections without their permission and sending messages to distribution lists, newsgroup aliases, or group aliases.

Trademarks

The trademarks, logos, and service marks (“Marks”) which are presented on the Website are the property of the Company and other respective persons. Users are prohibited from using any marks for any purpose including, but not limited to, use as meta tags on other pages, or Websites on the World Wide Web without the written permission of the Company, or such third party which may own the Marks. All information and content including any software programs available on or through the Website (“Content”) are protected by copyright. Users are forbidden from copying, modifying, dispensing, transmitting, displaying, printing, selling, licensing, creating derivative works, or using any Content available on or through the Website for commercial or public purposes. The Website contains copyrighted material, trademarks, and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and the entire content of the Company is protected by copyright as a collective work under the applicable copyright laws. The Company owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. Users are not permitted to modify, publish, disseminate, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Users may download/print/save copyrighted material for the User’s personal use only. Exclusive of what is otherwise decisively specified under the copyright law, no plagiarism, redistribution, retransmission, publication, or commercial misuse of downloaded material without the communicated permission of the Company and the copyright owner is allowed. When copying, redistribution, or publication of certain copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend, or copyright notice shall be carried out by the User. The User accepts that he/she/it does not obtain any ownership rights from downloading any copyrighted material. Trademarks which are found within or on the Website, or a Website otherwise possessed or operated in combination with the Company, shall not be considered to be in the public domain, but rather, the private possession of the Company unless such Website is under license from the trademark owner thereof in which case such license is for the exclusive assistance and use of the Company unless otherwise indicated.

Proprietary Rights

You hereby acknowledge that Agnitio Solutions owns all rights, titles, and interests in and to the Website and to any and all proprietary and confidential information contained therein (“Information”). The Website and Information are protected by applicable intellectual property and other laws, including patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all additional registered rights, and any and all applications, restitutions, extensions, and restorations thereof, now or hereafter in force and effect internationally.

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, and artwork (collectively, “Content”). This Content is protected by applicable intellectual property rights and is the property of the Company, its third-party licensors and partners, and other entities that provide such content to the Company. You may not (or enable others to) copy, distribute, display, modify, or otherwise use the Content except as it is provided to You through the Application hereunder. The Company and its licensors make no representations or warranties regarding the accuracy or completeness of the Content.

Excluding when permitted, the regular use of such content and it being replicated, republished, uploaded, posted, publicly exhibited, encoded, translated, transmitted, or distributed in any method to any other computer, server, or another medium for publication or distribution or for any commercial enterprise, without our expressed prior written consent is not allowed.

 Copyright

All data, content, services, and software showed on, transmitted through, or used in connection with the Website, including for example news articles, reviews, directories, guides, text, pictures, images, illustrations, audio clips, video, HTML, source and object code, trademarks, logos, and the like (collectively, the “Content”), as well as its selection and arrangement, is possessed by us, and its affiliated companies, licensors, and suppliers. You may utilize the Content only online, and solely for Your personal, non-commercial use, and additionally may be allowed to download or print a single copy of any portion of the Content solely for non-commercial application, provided You do not remove any trademark, copyright, or other notice from such Content.

Users are not permitted to, republish any part of the Content on any part of the Internet, Intranet, or integrate this content in any database, assembly, archive, or cache. You may additionally, not dispense any Content externally, whether or not for payment or other consideration, and You may not amend, copy, frame, cache, replicate, sell, publish, communicate, display, or otherwise use any portion of the Content. You comply not to reverse engineer, decompile, or undo any software or other products or processes which are accessible through the Application, not to insert any code or product or operate the content of the Website in any way that affects the user’s experience, and not to use any data mining, gathering or extraction method.

Consequence of Breach

You acknowledge that a violation or attempted violation of any part of this agreement will cause such damage to the company as will be irreparable, the exact amount of which would be impossible to ascertain and for which there will be no adequate remedy at law.

In no event shall You be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operations, the exploitation of any advertising or other materials issued in connection therewith, or the exploitation of the Website or any content used or displayed through the Website.

Without prejudice to the other remedies available to Company under this agreement or under applicable law, the company may limit the user’s activity, or end the users listing, warn other consumers of the user’s actions, immediately temporarily/indefinitely suspend or terminate the user’s registration, and/or refuse to provide the user with access to the Website.

 If the users are in breach of this agreement, the privacy policy, and/or the documents it incorporates by reference, the Company is unable to verify or authenticate any information provided by the Users, the Company believes that the user’s actions may infringe on any third party rights or breach any applicable law or otherwise result in any liability for the Users, other users of the Website and/or Company.

Indemnity

You shall indemnify and hold harmless and defend the Company, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, 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 (including infringement of intellectual property rights) of a third party.

Amendment

Agnitio Solutions reserve the right, in our sole discretion, to modify or replace any part of this Agreement at any time, effective upon the date of the change. In the event of any such change, we will post a notice on the Website regarding the change in the Agreement. It is acknowledged that occasionally there are issues with email communication. We are not responsible if any email notice gets caught by Your SPAM filter resulting in Your failure to notice it, or if You have provided us an incorrect email address (or failed to update Your address), or if there are additional communications issues that prevent an email from reaching You. Therefore, we encourage You to frequently visit the page periodically to monitor any changes. Your sustained usage of, or access to any Services, succeeding the upload of any changes to this Agreement establishes acceptance of those changes. The company may, from time to time, launch new services and/or features through the Website (including the release of new tools and resources). For the evasion of doubt, the aforementioned new features and/or services shall be subject to the terms and conditions of this Agreement.

 Disputes

The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of the state of Maharashtra with regards to its rules on conflicts or choice of law and, to the extent applicable, the laws of India.  The sole jurisdiction and venue for any action related to the subject matter hereof shall be the state and federal courts situated in Mumbai, India, and You hereby yield to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement.  This Agreement does not accept, The United Nations Convention on Contracts for the International Sale of Goods.

Privacy

We encourage You to read the Privacy Policy and to use the information it contains to help You make informed decisions. Additionally, note that certain data, statements, data, and content (such as pictures) which users post on the Website are likely to reveal their gender, ethnic origin, nationality, age, and/or other personal information about them. You acknowledge and agree that Your submission of such information is voluntary on Your part. Furthermore, You acknowledge, consent and agree that we may access, preserve, and disclose Your registration and any other information You provide if required to do so by the law or in a good faith, belief that such access, preservation, or disclosure is reasonably necessary for our opinion. Disclosure of User information to third parties is further addressed in the Privacy Policy.

Jurisdiction

This Agreement and the legal relations between the parties hereto shall be governed by and construed in accordance with the laws of India, without reference to its conflict-of-laws principles. The parties hereto, their successors and assigns, consent to the jurisdiction of the courts of India with respect to any legal proceedings related to this Agreement, and waive any objection to the propriety or convenience of venue in such courts.

Entire Agreement

This Agreement is the complete and exclusive statement of the promises between the parties with respect to the subject matter hereof and supersedes all other communications or representations or agreements (whether oral, written, or otherwise) relating thereto.

General Terms

 If any provision of this Agreement shall to any degree be held unacceptable, prohibited, or unenforceable, the validity, legality, and enforceability of the remaining provisions of this Agreement shall in no manner be impacted or compromised thereby, and each such provision of this Agreement shall be binding and enforceable to the maximum extent acceptable by law. In such a case, this Agreement shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while protecting to the maximum extent, the rights and commercial prospects of the parties hereto, as expressed herein.

You approve that irrespective of any statute or law to the contrary, any assertion or cause of action resulting out of or related to the usage of the Application or this Agreement must be filed by You within one year after such claim or cause of action, else it is invalid. The section titles in this Agreement are for convenience’s sake and themselves have no legal or binding effect.

You cannot assign or otherwise transfer the Agreements, or any rights granted hereunder or any obligations, to any third party, and any such assignment or transfer or purported assignment or transfer shall be void ab initio. Agnitio Solutions’ rights and/or obligations under the Agreement are freely assignable or otherwise transferable by Agnitio Solutions to any third parties without the requirement of seeking Your prior consent. Agnitio Solutions may inform You of such assignment or transfer in accordance with the notice requirements under the Agreement. Agnitio Solutions shall have the right to transfer Your Account and Account Information to a third party who purchases Agnitio Solutions’ business as conducted under the Website.

You agree that Agnitio Solutions shall be under no liability whatsoever to You in the event of non-availability of the Website and/or any of the Services or any portion thereof, occasioned by an Act of God, war, disease, revolution, riot, civil commotion, strike, lockout, flood, fire, satellite failure, failure of any public utility, man-made disaster, satellite failure or any other cause whatsoever beyond the control of Agnitio Solutions (including any event which is caused by the failure or non-performance on the part of the Content Owners or the Platform Partners).

You and Agnitio Solutions are independent contractors, and nothing in these Terms of Use will be construed to create a partnership, joint venture, an association of persons, agency (disclosed or undisclosed), franchise, sales representative, or employment relationship between You and Agnitio Solutions. As an expressed caution, it is clarified that Agnitio Solutions shall not have any right to conclude any contract for sale or purchase of Products for and/or on Your behalf and both You and Agnitio Solutions l have entered this agreement on a principal to principal basis.

You agree that Agnitio Solutions shall be under no liability whatsoever to You in the event of non-availability of the Website and/or any of the Services or any portion thereof, occasioned by an Act of God, war, disease, revolution, riot, civil commotion, strike, lockout, flood, fire, satellite failure, failure of any public utility, man-made disaster, satellite failure or any other cause whatsoever beyond the control of Agnitio Solutions (including any event which is caused by the failure or non-performance on the part of the Content Owners or the Platform Partners).

, an association of persons, agency (disclosed or undisclosed), franchise, sales representative, or employment relationship between You and Agnitio Solutions. As an expressed caution, it is clarified that Agnitio Solutions shall not have any right to conclude any contract for sale or purchase of Products for and/or on Your behalf and both You and Agnitio Solutions l have entered this agreement on a principal to principal basis.

You agree that Agnitio Solutions shall be under no liability whatsoever to You in the event of non-availability of the Website and/or any of the Services or any portion thereof, occasioned by an Act of God, war, disease, revolution, riot, civil commotion, strike, lockout, flood, fire, satellite failure, failure of any public utility, man-made disaster, satellite failure or any other cause whatsoever beyond the control of Agnitio Solutions (including any event which is caused by the failure or non-performance on the part of the Content Owners or the Platform Partners).