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TERMS OF USE

This 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 and 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 www.dosemeds.in website & its mobile applications [Herein after referred to as “Technology Platform”].

This technology platform is owned, designed, developed and maintained by M/s Dose Meds Technologies Pvt Ltd., [Herein after referred to as “Company”/”We”/”US”/ “Our”], a company incorporated under the Companies Act , 2013 having its registered office at No.143/6C, 3 rd floor(3A), Eswaran Salai, Behind Marg Digital Zone, Off OMR, Karapakkam, Chennai – 600097 Tamil Nadu, India. In these Terms of use, references to “you” or “your” as applicable, mean the person who accesses, uses and/or participates/ accessing on the technology Platform in any manner [Herein after referred to as “Customer”]. The headings used in this term of use are included for convenience only and will not limit or otherwise affect these Terms.

NOTE: Please read these terms of use carefully by accessing or using this Technology platform, you agree to be bound by the terms described herein and all terms incorporated by reference. If you do not agree to all these terms, do not use this platform.

TERMS OF USE Effective date: Dec 2020

1. INTRODUCTION

1.1. We are the authorized Distributor for the medicines [Herein after referred to as the “Products”] that are manufactured by various pharmacy manufactures and such products are made available in our technology platform.

1.2 We distributes, markets, and sells the said products to our customers who are [including but not limited to] retail pharmacies, clinics, hospitals, hospital-based pharmacy, sub stockiest, resellers, and wholesalers, etc [collectively referred to as “Customer”/ “User”/ “You”/ “Your”].

2. PRE REQUESTIES

2.1. The Customer is required to obtain valid drug license as per the Drugs and Cosmetics Act and produce the same while signing up with the Company by using the technology platform all necessary resources to market and sell the said products to the end users, customers, and patients. The Customer shall at all time comply rules and regulations as stipulated by prevailing laws.

2.2. By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms (“Terms & Conditions”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms & Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants etc.

2.3. By agreeing to these Terms of Use, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority [i.e., 18+] and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in India (including but not limited to copyright laws).

2.4. Any new products which are added to the technology platform shall also be subject to the Terms of use. You can review the most current version of the Terms of use at any time on this page. We reserve the right to update, change or replace any part of these Terms of use by posting updates and/or changes to our technology platform. It is your responsibility to check this page periodically for changes. Your continued use of or access to the technology platform following the posting of any changes constitutes your acceptance of those changes.

3. REGISTRATION AND ACCESS

3.1 The Customer who intend to purchase the products through our technology platform, shall place orders, by registering with us. To register on the technology Platform, you will be required to, provide certain details/documents to the Company on the technology Platform including: (i) name of the pharmacy(ies) owned by you, (ii) legal constitution of the pharmacy(ies) (sole proprietorship/HUF/partnership/company/limited liability partnership),(iii) your name, address and contact details (along with a copy of the photo identity proof, Address proof, Pan card details, Aadhar card etc, in case if customer is a corporate entity in such case the we might require corporate entity’s structural documents, directors details etc and company shall have right to use such data for any verification and for any lawful purpose as required /where applicable),(iv)valid license(s) obtained by you for the premises where the Products are being dispensed to the End-user; and(v) details regarding the registered pharmacist(s) employed with you such as their age and education qualification, along with proof of his/her name entered in the register of the state in which he/she is practicing the profession of pharmacy, which will be requested from you in the registration form. Following this, you will be required to create an exclusive username and password for your account on the Platform, which, once your registration and subscription to the Services is approved by the Company and subsequently, your account is activated, will be used by you to access your account, and avail the Services.

3.2 You may create only one account for your enterprise. If you intend to sell Products from multiple locations / store premises, each of which are duly licensed, you may do so connecting each of these licensed premise(s) to your account and providing the Company with the corresponding information, as we may require from you from time to time.

3.3 You agree and acknowledge that your registration on the Technology Platform is subject to our sole discretion and we may choose to verify any information provided by you and your compliance with applicable laws in connection with your business prior to approving your request for registration. Further, it is your sole responsibility to ensure that you have all valid licenses and registrations necessary under applicable law to carry on your business and in particular, the business that you wish to conduct through the Technology Platform. If your license(s) and / or registration becomes due for renewal, you will renew such license(s) / registration within the required time and promptly provide a certified true copy of such renewed license(s) / registration certificate to the Company to continue using the Technology Platform. We reserve the right to suspend or terminate your account if we do not receive such copy of the renewed license prior to the date of expiry of your current license as stated on the documents provided by you at the time of registration. You agree and acknowledge that we rely solely on your representation regarding your compliance with applicable laws and that we may rely on the assumption that all documents, information, and details provided by you are genuine, complete, and correct.

3.4 Registration is only a one-time process and once you have successfully created an account, you may login into your account using the same credentials as provided by you during the registration process, subject at all times, to the terms of the Agreement.

3.5 When you use the Technology Platform, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your electronic device to prevent unauthorized access to your account. We request you to safeguard your password and your account and make sure that others do not have access to it. It is your responsibility to keep your account information current and accurate. You agree to (a) immediately notify the Company of any unauthorized use of your account information or any other breach of security; and (b) ensure that you exit from your account at the end of each session. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with these conditions. You may be held liable for losses incurred by the Company or any other user of or visitor to the Platform due to authorized or unauthorized use of your account because of your failure in keeping your account information secure and confidential.

3.6 We reserve the right to refuse your registration on the Technology Platform, suspend your access to the Platform, to terminate your account(s) and to remove or edit any content on the Platform at our discretion.

3.7 We will try to make the Technology Platform error-free, but do not make any representations or guarantee that it will be error free. Your access to the Platform may be occasionally suspended or restricted to allow for repairs, maintenance, or for introduction of new facilities or services. Further, we take no responsibility for internet related issues at your end, which may or may not result in a disruption of the Services.

4 SUBSCRIPTION

4.1 Upon submission of the required registration details and before your account is activated by the Company, you will be required to select a Purchasing Plan for your procurement requirements, access and use of the Technology Platform and pay the corresponding charges as per the plan terms, as may be specified by the Company from time to time (“Subscription Plan”) and applicable taxes if any, which will be additional and to your account. You will be required to comply with the payment terms stipulated by the Company and set out on the Platform (“Payment Terms”). We request you to refer to the Subscription Plan and Payment Terms frequently as these are subject to change from time to time at the sole discretion of the Company. The Payment Terms shall stand incorporated herein by reference and will be deemed to be a part of the Agreement between the Company and you.

4.2 The Company shall, periodically may change Subscription Plans from time to time and in such cases, you will be notified about the same. Upon receipt of such notification, you may choose to change your Subscription Plan and some cases would be required to change to new plan if existing plan is no longer continued. If you choose not to change your Subscription, your access to the Platform shall be terminated.

5. Technology Platform content

5.1 All information, content and material contained in the Platform are Company’s intellectual property. All trademarks, services marks, trade names and trade secrets are proprietary to the Company. No information, content or material from the Platform may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without our express written permission.

5.2 You expressly understand and agree that:

(a) The information, content and materials on the Platform is provided on an “as is” and “as available” basis. The Company and all its subsidiaries, affiliates, officers, employees, agents, and partners disclaim all warranties of any kind, either express or implied, including but not limited to, implied warranties on merchantability, fitness for a particular purpose and non-infringement;

(b) The Company does not warrant that the functions contained in any content, information, and materials on the Platform, including, without limitation any third-party sites or services linked to the Platform and / or that the Services will be uninterrupted, timely or error-free, that the defects will be rectified, or that the Platform is free of viruses or other harmful components;
(c) Any material downloaded or otherwise obtained on the Platform are accessed at your own risk, and you will be solely responsible for any damage or loss of data that results from such download to your electronic device; and

(d) Company cannot and will not assure you that other users of the Platform are or will be complying with the foregoing rules or any other provisions of these Merchant Terms, and, as between you and the Company, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

(e) We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting professional medical advice from doctors, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.

(f) We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card / Debit Card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

6. Modifications to The Service and Prices
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof), any product without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service via Technology platforms includes mobile apps.

7. User/Customer Obligation

7.1 The Customer shall have the non-exclusive, non-transferable, and revocable right to purchase the product from the Company, subject to the terms and conditions of this terms. All purchases by the Customer from the Company shall be either on [1] Outright purchase basis, or [2] credit basis, which shall be fixed by the parties hereto on order-by-order basis.

7.2 The Customer shall not sell, directly or indirectly deliver any Products to any country or within India or person or company where prevailing / applicable laws or regulations would prohibit delivery of such Products/drugs or products that are banned. In cases if Company comes to know that Customer had sold such products which are banned or prohibited to sell, in such event, the Company reserves its rights to immediately terminate this Agreement and shall instruct the Customer to return the products stocked if any and shall also instruct to settle all the pending dues if any to the Company, furthermore the Company shall not be held liable / responsible whatsoever for such prohibited or banned product sales indulged by reseller.

7.3 The Customer shall use its commercially reasonable efforts to (sell and market) the Product using creative methods provided by the company. The Customer shall conduct its business activities in connection with the (sale and marketing) of the Product in a manner that will not harm or Damage the reputation of the Company or the Product’s brand image. The Customer shall use the creative methods provided by the company for the promotion of the company’s products only, and not work for any other firm or enterprise in any manner.

7.4 The Customer hereby acknowledges that by entering into this Agreement with the Company as a Customer of the Product, the Customer is designated as a non-exclusive Customer of the Product and the Company reserves the right to appoint additional sub merchants, or sales representatives for the Products at any time during the term of this Agreement.

7.5 The Customer shall be responsible for all its own expenses and employees in association with the (sale and marketing) of the Products. The Customer shall at its sole expense, hire and train all employees if required and/or independent contractors, consultants, and salespersons that it may require to carry out its obligations under this Agreement, and the Customer hereby agrees that it shall not claim any expense whatsoever, from the Company that are not agreed by the company in writing.

7.6 The Company shall sell the products to the customer as per MRP rate as set by the Manufacture, or as per the price control strategy fixed by the Government and the customer, if he intends to resell shall also strictly sell the products only to Legal channels only on MRP rates as fixed by the Manufacture, or as per the price control strategy fixed by the Government, the customer shall duly adhered to and shall not engage in any such act or omission that would amount to altering/ reselling beyond the MRP rate so fixed by the Manufacture. If the Customer indulge in selling the products at a higher price than the MRP rate, then Company may immediately terminate this Agreement and appropriate penalty will be imposed upon the customer.

7.7 At no point of time, the Customer is allowed to indulge in marketing the company or its services. The Customer shall not make any false or misleading statements about company or the manufacture or represent anything that could cause harm to the credibility of the company or the manufacture of the products.

7.8 The Customer irrevocable agrees that he shall be bound and obliged by all the terms and conditions that has been accepted and executed by the Company with various drug manufacturing Companies who have manufactured the Products.

7.9. The relationship between the Company and the Customer shall be that of vendor and purchaser/ principal to principal basis. It is expressly understood and agreed between the Parties that this Agreement does not create or constitute any employer and employee relationship between the Company and the Reseller. Nothing in this agreement shall constitute or be deemed to constitute a partnership or agent relationship between the parties hereto. The Customer shall have no authority or power to bind the company or to contract in the name of and create a liability against the company in any way or for any purpose.

7.10 The Customer shall be responsible for all its own expenses and employees in association with the (sale and marketing) of the Products. The Customer shall at its sole expense, hire and train all employees if required and/or independent contractors, consultants, and salespersons that it may require to carry out its obligations under this Agreement, and the Customer hereby agrees that it shall not claim any expense whatsoever, from the Company that are not agreed by the company in writing.

7.11. The Customer shall not assume, create, modify, or extend, on behalf of Company, any warranty obligation or liability in connection with the Products. Customer agrees to indemnify and hold Company, and product manufactures harmless with respect to any other or additional warranty obligation or liability granted assumed, extended, modified, or created by Customer on the Products.

8. Terms and Condition

8.1 The Customer shall submit to the Company a purchase order for all Products ordered by the Customer through the technology platform of the Company. The Customer hereby agrees that any purchase orders submitted by the Customer to the Company, shall confirm the terms and conditions of this terms of use.

8.02. The Customer hereby agree that any purchase orders placed by the Customer for the Product shall not be binding on either party, until such time the purchase order is accepted by the Company through the technology platform.

8.03. This Agreement shall be valid until either party decides to terminate this agreement as per the termination clause mentioned hereunder and in the event of termination, the customer shall immediately make payments which are pending/due failing which clause ___shall apply, furthermore the customer agrees to extend its fullest cooperation to the company in any future legal requirements which are mandated.

8.04. Customer agrees that the list of products for which he has been appointed as authorized Customer are set out in the Company’s website www.dosemeds.in or in DOSE MEDS Customer App. The said online list of products shall be subject to amends at the sole discretion of the Company from time to time and new products relating to products [Drugs / medicines] as introduced in the Indian market shall be included in the said online list of products from time to time. The Company shall have absolute rights to make amendments/ remove / discontinue / suspend / fixing limits on per order quantity basis etc in the online list of products without giving any prior notice to the customer. And Company also have rights to remove or discontinue selling of any products by the customer without giving any prior notice to the customer, or/and company shall limit on per order quantity may apply.

9. Product Delivery, Shipment and Return Policy

9.01 The Customer shall place orders through technology platform / mobile applications, wherein, Certain products that are available exclusively online through the Technology Platform, may have limited quantities and are subject to delivery of products based on current availability. We shall deliver the products to the customer and the Customer shall inspect and confirm receipt of products to the Company upon delivery.

9.02. The Company will not be held liable whatsoever for any claims/ disputes/ delays / manufacturing defects / quality/ quantity defects in the Products, product delivery issues and all claims relating thereto, all such claims will be referred to / shall be covered by the manufacture and the customer.

9.03. Company shall accept the product return only in the event of any damage, product short expiry [ which refers to the Expiry date mentioned in the product, the Company shall accept the Short Expiry products only when the customer returns the products within 2 months from the actual date of expiry and the customer provides Company’s sale invoice copy mentioning the Batch No as a proof of supply. The Company shall treat the said products as returns, subject to refund / credit note conditions are complied with], non-ordered items, and products that are delivered in excess quantity. The products that comply the return policy shall be handed over to the delivery executive and obtain confirmation from the Company’ operation team, Post confirmation from the Company’s operation team the company shall accept the said product return. The Return product value shall be calculated on the original invoice and it shall be raised as a credit note by our Company. Product return with damages will not be entertained by the company after the said product was delivered to the Customer. No claim in this regard will be accepted by Company whatsoever from Customer after delivery of product taken place.

9.04. The Company shall be responsible to arrange for the transportation and shipment of the Products to the Customer’s location. Company shall not be liable in any respect for failure to ship or for delay in shipment of Products in the event such failure or delay shall have been due to reasons beyond the control of the Company.

9.05 The Customer shall bear all costs, insurance premiums, freight and all other charges or expenses incurred after Company has delivered the Products to you. In no case shall Company be liable for negligent packaging or for any other damage suffered by the Products in shipment.

10. REFUND /CREDIT NOTE AND CANCELLATION

10.1. The Customer shall be eligible to cancel only in case of wrong / misappropriate products delivered by our company. Non availability of Customer ordered products and / or customer not meeting the credit terms, the company reserves the right to cancel the order.

10.2. The refund shall take effect after the return items value is been calculated as per the original invoice and it shall be raised as a credit note by our company. Our company will provide the Credit note copy to Customer and it shall be adjusted in the subsequent Sales Orders. Refund will be provided as a Credit note and it can be utilised by customer only in their further Sale Orders. In case of non-utilisation of Credit note by Customers, even after 180 days from the date of Credit note, then our company shall write off the same in the customer account statement.

10.3. The GST Input and Output taxes will be adjusted only through Credit note mechanism.

11. PAYMENTS

11.01. Our Company shall provide the First Sale order to customer on Cash on delivery basis. After successful First Sale order, the customer is eligible to enjoy credit period as specified in Purchase Subscription Plan.

11.02. All Payment will be received through Cash, GPAY, NEFT, Cheque as mentioned in the Sale invoice copy. If the customer fails to meet the Credit terms, then the Discount applied on those invoices shall be revoked and Company will raise a Debit note for the same. The Debit note is the Liability to Customer and must pay immediately along with the pending outstanding that is due to the Company. Cheque if bounced, “Cheque Bounce Fee” of up to Rs.500 per incident will be charged and you agree to pay this immediately. If the cheque bounce incident repeats 3 or more times, you may be barred from further purchasing, not eligible for credit and the Company reserve the rights to demand payment of all outstanding balances immediately.

11.03. The customer shall promptly make payment for the products purchased from the Company as per the bill/invoice, and in case of credit purchase the customer shall strictly oblige the payment schedule as agreed between the parties hereto. In case if there is any delay in the said payment schedule, penal interest of 1.5%/month shall apply from the date of payment due, and in case of willful default / negligent in making payment, then in such circumstance, company shall initiate appropriate legal action against the customer for recovery of dues, wherein the Company reserves its right to reimburse all legal expenses incurred in connection with initiating legal recourse and claim adequate compensation for causing metal agony, hardship and damages if any.

12. DISCLAIMER OF WARRANTIES AND LIABILITIES

CUSTOMER EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

THE TECHNOLOGY PLATFORM /APP, SERVICES AND OTHER MATERIALS ARE PROVIDED BY THIS PLATFORM /APP IS ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT:

(I) YOUR REQUIREMENTS WILL BE MET OR THAT SERVICES PROVIDED WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
(II) MATERIALS, INFORMATION OBTAINED AND RESULTS WILL BE EFFECTIVE, ACCURATE OR RELIABLE;
(III) ANY ERRORS OR DEFECTS ON THE WEBSITE/APP, SERVICES OR OTHER MATERIALS WILL BE CORRECTED.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. WE ALSO DISCLAIM ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.

THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE TECHNOLOGY PLATFORM /APP IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. WE ARE NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO AN INVALID COUPON. WE ACCEPT NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.

WE SHALL NOT BE LIABLE FOR ANY THIRD-PARTY PRODUCT OR SERVICES.

13. TERMINATION OF CUSTOMER ACCOUNT
The Company reserves the right to terminate Customer account and customer’s use of the Technology Platform without any notice and without any liability, and to pursue any other remedy available under law:

(a) If Customer breach any provision of the Agreement;

(b) If Customer provide any information that is false, inaccurate, or incomplete (or becomes false, inaccurate or incomplete), or the Company has reasonable grounds to suspect that such information is false or inaccurate;

(c) If, in the opinion of the Company, Customer is using the Technology Platform/ App for unlawful purposes;

(d) If Customer allow any third party to use his account or it comes to customer’s knowledge that a third party is using his account and customer do not intimate the Company of such unauthorized use within a reasonable time;

(e) If the Company becomes aware of Customer (a) providing Prescription Drugs without the End-user providing a legally valid prescription; or (b) providing Prescription Drugs based on a prescription which the registered pharmacist employed with customer knows or has reasonable knowledge to be fraudulent or tampered or (c) selling a Product or sale of such Product is prohibited under law;

(f) If the Company receives such number of complaints (as may be determined as excessive by the Company in its sole and absolute discretion) from the End-users or any third party in connection with your use of the Platform, including without limitation: (a)the services provided by you to the End-users, or(b) your alleged non-compliance of your obligations under the Agreement or under applicable law by you or your agents or representatives;

(g) If the Company becomes aware you are contravening any provision of any applicable law;

(h) Any suspected illegal or fraudulent activity by you; or

(i) For any other reason whatsoever.

14. LINKS TO THIRD-PARTY WEBSITES:

Our Company shall provide link to third-party websites, wherein We are not responsible for the availability or proper functioning of such linked pages or sites, and we will not be held responsible for any loss or inconvenience encountered because of using such Website link.

15. COPYRIGHTS, TRADEMARKS AND OTHER INTELLECTUAL PROPERTY RIGHTS:

15.1. As per the Terms and Conditions of Company [DOSE MEDS], the technology platform/App grants access to Customers to view the content solely for visiting, ordering, and communicating only. All materials in this platform/App, including, but not limited to, images, illustrations, text, logos, and page headers, that are part of this platform/App are copyrights and/or other intellectual properties owned by Company. All other trademarks not owned by the Company that appear on this Website/App are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by our Company.

15.2. Customer hereby agree that you will not reproduce, duplicate, or copy the content of Dosemeds.co.in for any purpose, unless you have been specifically permitted to do so in a separate agreement with this platform/App.

15.3. The intellectual property including but not limited to Logo, Trademark names, software coding, marketing techniques, strategies & plans, customer leads, all that are related to the Technology platform/Apps entirely belongs to the Company. The company owns the mark entirely and the Customer shall not use it in any manner for anything unlawful. The company and the Customer shall agree to use confidential information only to perform the obligations of this agreement. All the confidential information must be protected and safeguard by the Customer.

16. USER INDEMNIFICATION

Customer / User hereby agree to indemnify, defend, hold harmless the Company and its officers, directors, employees, agents, information providers, partners, licensors, advertisers and suppliers from and against all claims, losses, expenses, damages and costs, including reasonable legal fees and costs, resulting from any violation of this agreement, or any activity related to your account, or any information or material that customer have submitted or will submit to us in violation of any law or in breach of any third party rights (including, but not limited to, claims in respect of defamation, invasion of privacy, or infringement of any other intellectual property right). We reserve the right to exclusively defend and control any claims arising from the above and any such indemnification matters, and you hereby agree to cooperate fully with us in asserting any available defenses.

17. COMMUNICATIONS

By using this Technology Platform /App, it is deemed that customer / you have consented to receiving calls, auto dialed and/or pre-recorded messages or calls, from us at any time with the use of the telephone number that has been provided by you for the use of this Platform /App, subject to the Privacy Policy. This includes contacting you through information received through other parties as well as contacting other parties through the information you provide to us. By using this Website/App, you—who has placed orders with us, or has only signed up, or submitted your personal details in any of our forms also consent to receive transactional and/or promotional emails/SMSs from us at any time we deem fit. This consent to be contacted is for purposes that include and are not limited to clarification calls and marketing and promotional calls. In case you wish to stop the contact with us for the same, you may send us a mail to the effect at subscribe@dosemeds.in.

The sharing of the information provided by you will be governed by the Privacy Policy. We will not give out your contact information to third parties not connected with the technology platform /App and the services offered by it, and/or for any purpose not in furtherance of the activities and aims of the Company. Please refer to the ‘Privacy Policy’ for more information.

18 LIMITATION OF LIABILITY

18.1. To the fullest extent permitted by law, under no circumstances will the Company be liable to you or any other person or entity for any direct, indirect, incidental, special, remote, or consequential damages, including, but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, resulting from any circumstances whatsoever.

18.2. Notwithstanding anything to the contrary in these Terms, Company’s liability under these Terms shall in no event exceed the total amount paid by you over a 1 (one) month period immediately prior to the date on which the action or claim accrued.

18.3. Further, none of the directors, officials, employees, affiliates, vendors, or service providers of the Company shall be personally liable for any action in connection with the Platform or the Services.

19 ACCESS OUTSIDE REPUBLIC OF INDIA

The Company makes no representation that the content contained on the Technology Platform is appropriate to be used or accessed outside the Republic of India. These Terms do not constitute, nor may it be used for or in connection with, any promotional activities or solicitation by anyone in any jurisdiction in which such promotional activities or solicitation is not authorized or to any person to whom it is unlawful to promote or solicit.

20 RELATIONSHIP

Customers agree that nothing in these Terms shall be construed as creating the relationship between the Company and customer as that of: (a) an employer and employee;(b) a principal and agent; (c) a partnership; or (d) a joint venture. The relationship between the Company and customer shall be that of independent contractors.

21 CONFIDENTIALITY

Customer agrees to treat any data and information (including any information relating to or provided by the End Users), whether written, oral, or visual, disclosed to you or which comes into your possession or knowledge in connection with this Agreement or the Services as confidential and shall not disclose the same to any others, except to the limited extent as may be required by law and then in compliance with law only. Without prejudice to the generality of the above, you will not share or disclose any proprietary information belonging to the Company or its End Users, nor allow access to the technology Platform to any third party, which: (a) provides software as a service; (b) offers technology solutions, (c) offers e-commerce services; or (d) that you reasonably believe to be a competitor or potential competitor of the Company.

22. Severability

In the event that any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms & Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

23.Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms & Conditions wherever applicable).

24. Governing Law

These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in Chennai.

25. ARBITRATION

Any dispute, claim or controversy arising out of or relating to this notice or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of the Agreement to arbitrate, or to your use of the technology Platform or the service or information to which it gives access, will be determined by arbitration in India before a sole arbitrator. Arbitration will be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration will be Chennai. All proceedings of such arbitration, including, without limitation, any awards, will be in English language. The award will be final and binding on the parties. All expenses related to the Arbitration proceedings will be shared equally.

26. Modification

Customer can review the most current version of the Terms of Use at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our technology platform. It is your responsibility to check our platform periodically for changes. Your continued use of or access to our platform or the Service following the posting of any changes to these Terms of Use constitutes acceptance of those changes.

27. Notification

You must provide the latest, most used, and valid email address and contact information. Our Company will not take any responsibility if we are unable to reach you through the email or contact address you provide. Undoubtedly, the notifications on the website and emails sent to you consist of valid notifications.

28. No Wavier

We may modify, suspend, discontinue, or restrict the use of any portion, including the availability of any portion of the Content at any time, without notice or liability. We may deny access to any person or user at any time for any reason. In addition, we may at any time transfer rights and obligations under this Agreement to any affiliate, subsidiary, or business unit, or any of their affiliated companies or divisions, or any entity that acquires us or any of their assets. We hereby reserve the right to block usage of the technology platform /App if any breach of the Terms of use is caused by customer. This can in no way be construed as a waiver of any legal right under Indian law to claims any damages or initiate any legal proceedings against the User/customer. No term of the Agreement will be deemed waived and no breach excused unless such waiver or consent be in writing and signed by the Company. Any consent by the Company to, or waiver of a breach by you, whether expressed or implied, will not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

29. PRIVACY POLICY

You confirm that you have read, fully understand, and accept the Privacy Policy.

30. GRIEVANCE OFFICER

If you have any grievance with respect to the Technology Platform or the Service, including any discrepancies and grievances with respect to processing of information, you can contact our Grievance Officer at:

DOSE MEDS Technologies Private Ltd
Attn: Grievance Officer
143/6c Eswaran Street, 3rd Floor
Karapakkam, Chennai – 600097, Tamil Nadu, India
Email: grievance@dosemeds.in

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