USER AGREEMENT
SUPAHMEDS PROVIDES
VARIOUS SERVICES TO ITS USERS WHICH ARE DETAILED ON THE WEBSITE ‘herbhealthshop.com’
(HEREINAFTER REFERRED TO AS THE ‘SERVICES’)
PLEASE
READ THIS AGREEMENT CAREFULLY. THIS AGREEMENT GOVERNS YOUR USE OF THE WEB SITE
(THE "WEB SITE") AND THE SERVICES AND GOODS PROVIDED THROUGH OR IN
CONNECTION WITH THE WEB SITE (COLLECTIVELY, THE "SERVICE"). IT
EXEMPTS THE COMPANY (THE "COMPANY") AND OTHERS FROM LIABILITY OR
LIMITS THEIR LIABILITY AND CONTAINS OTHER IMPORTANT PROVISIONS THAT YOU SHOULD
READ. EACH TIME YOU USE THE WEB SITE SERVICE, YOU ACKNOWLEDGE AND SIGNIFY THAT
YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THIS AGREEMENT. IF YOU DO
NOT AGREE TO BE BOUND BY EACH PROVISION OF THIS AGREEMENT EACH TIME YOU USE THE
SERVICE, YOU MAY NOT USE THE SERVICE.
EACH
TIME YOU USE THE SERVICE, THE TEXT OF THIS AGREEMENT AS IT THEN READS WILL
GOVERN YOUR USE. ACCORDINGLY, WHEN YOU USE THE SERVICE, YOU SHOULD CHECK THE
EFFECTIVE DATE OF THIS AGREEMENT (WHICH APPEARS AT THE TOP OF THIS AGREEMENT)
AND, IF THE AGREEMENT HAS BEEN REVISED SINCE YOUR LAST VISIT TO THE WEB SITE,
REVIEW THIS NEW VERSION OF THE AGREEMENT.
This End-User
Services Agreement ("Agreement") is an agreement between you, an
individual or an individual acting on behalf of your employer, a corporation,
partnership, or other legal entity that will be using www.supahmeds.com services
("User"), and ‘SUPAHMEDS ’ ("Company").
1. USE OF REGISTRATION DATA
The User acknowledges that
Registration Data is to be stored with the Company. The Company agrees not to
contact the User if the User informs the Company of the User's preference to
not be contacted. The Company shall endeavour to restrict third parties
from contacting the User, and shall not provide or disclose User’s Registration
Data to any third party, without express authorization of the User.
The User agrees that the Company, or an authorized official of
the Company may disclose Registration Data to third parties about the User as
well as information about the User's use of the Services, provided that such
disclosures do not include the User's name, mailing address, email address,
telephone or facsimile number, or account number, unless: (a) the User has
authorized Company and to disclose such information; (b) such disclosure is
required by law or legal process; or (c) the User violates any of the terms set
forth in Section 7 below.
This Agreement includes the terms and conditions of the Company's Privacy Policy, details of which are available on the website, and which is hereby incorporated by reference. In the event that there exists any inconsistency between this Agreement and the Privacy Policy, the terms and conditions of the Privacy Policy shall take precedence.
2. AUTHORIZED USERS
The
System may be used only by individuals who have reached the age of majority or
legal age in their jurisdictions and who can form legally binding contracts
under applicable law. The System may not be used by individuals who have had
their Web Site membership or account terminated or by individuals in
jurisdictions where the System, or any part of it, may be illegal. It is solely
your responsibility to determine whether your use of the System is lawful, and
you must comply with all laws applicable in your jurisdiction, including export
restrictions. The Company reserves the right to limit the availability of the
Service and/or the provision of any service, program, film, or other product
described therein to any person, geographic area, or jurisdiction we so desire,
at any time and in our sole discretion, and to limit the quantities of any such
service, program, film, or other product that the Company provides. VOID
WHERE PROHIBITED.
3.
FEES, CHARGES AND TAXES, AVAILABILITY, PRICES, MISPRINTS AND ERRORS, AND ORDERS
All
fees and charges will be at the rates in effect at the time the charges were
incurred. Charges incurred under this Agreement may include charges related to
use of the Service, as well as charges related to goods and services provided
by third parties but acquired through the Service. You are responsible for
paying all fees, charges and applicable taxes associated with your use of the
Service and any use of the Service by any person using your user ID. All
amounts appearing on the Web Site are quoted in US dollars.
The
Company endeavors to provide current and accurate information on the Web Site.
Nevertheless, misprints or other errors may occur. Accordingly, the Company
reserves the right to change the prices, fees and charges associated with the
Service, including any goods and services available through the Service, at any
time and from time to time without any notice or any liability to you or any
other person. Also, due to the popularity of some goods and services, the
Company cannot guarantee that goods or services advertised on the Web Site will
be available when ordered or thereafter. The Company also reserves the right at
any time to reject, correct, cancel or terminate any order. If you order goods
or services for which the price was incorrectly displayed at the time of your order,
the Company will provide you with an opportunity to cancel your order. If you
order goods or services that are not available, the Company will notify you by
email. The Company reserves the right to limit quantities licensed or sold.
Your
order shall be deemed to be accepted only if and when the Web Site sends an
order acceptance and shipping notice email to your email address. You may not
cancel an order after the Company has sent an order acceptance and shipping
notice email to you. If you wish to cancel an order that has not yet been
accepted, you may request a cancellation by sending an email to the webmaster. However, the Web Site may not receive and process
your cancellation request before it accepts and processes your order, in which
case your cancellation request may not be effective.
If any
payment due is not made by you, the Company may, in addition to its other
remedies, at its sole discretion and without notice to you, (a) suspend its
performance under this Agreement and your access to and use of the Service, or
(b) terminate this Agreement and your access to and the use of the Service. If
legal action is necessary to collect fees or charges due from you, then you
will reimburse the Company for all expenses incurred in collecting the fees and
charges, including all lawyers fees and other legal expenses.
4. CLIENT CONFIRMATION
The “Client” confirms
that:
·
The client is
eighteen years of age or older.
·
The Client
confirms to SUPAHMEDS (hereinafter “The Providers”) that the pharmaceutical(s)
ordered by the Client (“the Ordered Product”) were prescribed by a duly
qualified medical practitioner in the Place of Residence of the Client after a
personal examination by the prescribing physician necessitating the need for
the Ordered Product(s) for the Client’s specific diagnosed medical condition.
·
·
The Client
confirms that no person other than the Client will use the Ordered Product. ·
The client
acknowledge that SUPAHMEDS is required to have a licensed Indian Physician (“the
Indian Physician”) review his/her medical information and that SUPAHMEDS and its
employees and agents have relied on the information and documentation provided
by the client and the client represents that he/she has fully disclosed all
pertinent requested information charged to the client arising from the Indian
Physician reviewing his/her medical information. ·
The Client
confirms that he or she did not seek or request a medical opinion of the Indian
licensed co-signing physician regarding the strength, dosage, usefulness or
qualities of the Ordered Product or the duration of use, frequency of use, or
appropriateness for their particular medical condition, nor do they seek any
medical advise in any way from the Indian co-signing physician. ·
The Client
releases and discharges The Providers, and all of their officers and directors,
agents, and employees from any and all liability, claims or causes of action
with respect of the use or application of the Ordered Product by the Client,
including, but not limited to undesired side effects. ·
·
·
The Client waives
any requirement to have the Indian Physician to conduct a physical examination
of the client. The client acknowledges that there are no fees charged to him or
her arising from the Indian Physician reviewing his or her medical information.
·
The client will
notify SUPAHMEDS if there is any changes to his or her physical or medical
condition or any change in the medication that the client is taking by
submitting an updated Patient’s Questionnaire. The client certifies that he or
she had a physical examination within the last 12 months from the date hereof. ·
The Client agrees
that child protective packaging may not be used by the Providers, unless
requested by the client, and the Client releases and discharges the Providers
and all of their officers and directors, agents and employees from any and all
causes of action with respect errors or omissions by the company or agency
responsible for transporting the Ordered Product to the Client. ·
The client
confirms that it is his or her responsibility to have their own Physician
conduct regular physical examination, including any and all suggested testing
by their own Physician to ensure that he or she has no medical problems which
would constitute a contradiction to her/him taking medications prescribed by
his or her own Physician. ·
The client agrees
that should he or she suffers any adverse effects while taking any
medication that he or she will immediately contact his or her Own Physician and
that in the event that he or she come under the care of another physician, he
or she will inform the new physician of any medications that the client has
been taking. ·
The Client grants
Limited Power of Attorney to the Providers, for the limited purpose of signing
any documents as required by the laws of the India, which are necessary to
permit the delivery of the Ordered Product to the Client, in the same manner as
the Client could, if the Client had personally attended at the Providers place
of business in India. The Client attorns to the jurisdiction of ·
·
·
The Client
acknowledges that the Ordered Product may not be returned for a refund or an
exchange. 5.
USE OF THE SERVICE 6.
PRIVACY 7.
LICENSE
AND WARRANTIES ·
You
grant to the Web Site and its service providers and licensees a non-exclusive,
royalty-free, perpetual, irrevocable, unrestricted, world-wide right and
license to access, use, copy, reproduce, distribute, transmit, display,
perform, communicate to the public, modify, adapt, publish, translate, create
derivative works from, and otherwise use such Materials (in whole or in part)
in connection with the Service, using any form, media or technology now known
or later developed, without providing compensation to you or any other person,
without any liability to you or any other person, and free from any obligation
of confidence or other duties on the part of the Web Site or its service
providers; ·
You
grant to all members and other Service users permission to access, view, store,
copy, reproduce, distribute, transmit, display, perform, and reproduce such
Materials (in whole or in part) in any of the ways facilitated or provided by
the Service; and ·
You
represent and warrant to the Company and its service providers and all members
and other Service users that (i) their use of the Materials does not and will
not violate or infringe the rights (including copyright, moral rights, and
other intellectual property rights and privacy and personality rights) of any
other person or any laws and (ii) you have all the rights necessary to grant
all rights and licenses set forth above. You
also grant to the Web Site and its service providers the right to use your name
in connection with the Materials. 8.
GOVERNING
LAW AND DISPUTE RESOLUTION 9.
OWNERSHIP
AND USE OF THE SERVICE AND ITS CONTENT 10.
GENERAL
USE RULES ·
LAWFUL USE: Your use of the Service must be lawful
and must comply with all applicable domestic and foreign laws, regulations,
rules, policies, treaties and tariffs, whether civil, criminal or otherwise.
Access to the Service from locations where the Service may be illegal is
prohibited. ·
NON-COMMERCIAL USE: The Service may be used by you only
for personal, non-commercial purposes and must not be used in connection with
any commercial activities, including: (a) selling or offering to sell any goods
or services, including reselling the Service; (b) soliciting for advertisers or
sponsors; (c) conducting contests, gaming or gambling or offering prizes,
awards or any other incentives to users; (d) displaying advertising or
sponsorship banners, including those generated by banner or link exchange
services; (e) soliciting for donations; or (f) use of unauthorized or
unsolicited junk mail, spam, chain letters, pyramid schemes or any other form
of solicitation. ·
SECURITY AND
PERFORMANCE: The
Service must not be used by you with any action, device, software or routine
which could directly or indirectly interfere (or attempt to interfere) with ·
the proper working of the Service or impose an
unreasonable or disproportionately large load or burden on the system or its
infrastructure. ·
OTHER PERSON'S
RIGHTS: Your use of
the Service must not infringe the legal rights of any other person (including
privacy and personality rights, copyright, trade-mark, trade secret, patent,
moral rights, and other proprietary rights). ·
NO DATA COLLECTION: Your use of the Service must not
involve any data matching or data mining, including without limitation the
collection or use of information about other members and other users (including
their email addresses) without their expressed consent. 11.
USE GUIDELINES - PROHIBITED USES ·
Uses
that may violate the General Use Rules set forth above. ·
Uses
that may be unlawful, indecent, offensive, defamatory, derogatory, fraudulent,
deceptive, harmful, abusive, threatening, vulgar, profane, pornographic,
obscene, sexually explicit, sexist, racist, hateful, offensive, harassing,
invasive of the privacy rights of others, or otherwise objectionable. This
prohibition extends to the posting of any Materials that depict, encourage,
indicate, advocate or tend to incite any such conduct. ·
Uses
that may harm, threaten, harass, abuse or intimidate any other person in any
way or involve materials that depict, promote, encourage, indicate, advocate or
tend to incite the commission of a crime or other unlawful activities,
violence, hatred, cruelty or discrimination against any individuals or groups,
for any reason, or any act of cruelty to animals. ·
Uses
that may dilute or depreciate the name and reputation of the Company and its
affiliates or associates. ·
Uses
that modify, adapt, sub-license, translate, sell, reverse engineer, decompile
or disassemble any portion of the Web Site or the software underlying or
offered on the Web Site, or that delete, obscure or modify any proprietary
notice contained on the Web Site; ·
Uses
that "frame" or "mirror" any part of the Web Site without
the Company's prior written authorization; ·
Uses
that interfere with other persons' use and enjoyment of the Service or of the
Internet generally. ·
Uses
that may damage, disrupt, compromise or degrade the integrity, efficiency,
performance or security of the Service or that may otherwise or result in: o
the
circumvention or breach of any user authentication, password, security or
control measures regarding the Service or any other Internet resource or
computer system; o
unauthorized
access to other persons' accounts and Materials (including Materials posted to
the Service) or interference with their use and enjoyment of the Service. ·
Uses
that conceal or misrepresent the author or origin of any message or
communication, or that impersonate any person, or that falsely state or
otherwise misrepresent an affiliation with any other person, including without
limitation any Company representative. ·
Uses
that contain, hyperlink to or otherwise disclose images of any person or
private information about any person (such as names, telephone numbers, email
addresses, postal addresses, social insurance or social security numbers)
without that person's permission. ·
The
uploading, posting or transmission to the Service of any of the following
Materials, whether posted publicly or with password protection, whether
directly or indirectly or intentionally or unintentionally: Materials
that contain links to other sites or Internet resources; o
Executable
programs or audio and video recordings; o
Materials
that contain computer viruses, trojan horses, worms, time bombs, cancelbots, or
other computer code that may damage, harm, detrimentally interfere with,
surreptitiously intercept or expropriate, interrupt, limit the functionality
of, or otherwise adversely affect the Service or any other computer system,
hardware, software, telecommunications equipment, data, or personal
information; and o
Materials
that are encrypted. 11.
YOUR ACCEPTANCE OF
THIS AGREEMENT 12.
INFORMATION
SUBMISSIONS 13.
ADVERTISEMENTS 14.
LINKING
AND FRAMING THE WEB SITE 15.
OTHER SITES 16.
UNSOLICITED
SUBMISSIONS 17.
CONTESTS 18.
TRANSACTION AGREEMENTS 19.
OTHER
MATTERS 20.
DISCLAIMER,
LIABILITY EXCLUSION, LIABILITY LIMITATION, RELEASE AND INDEMNITY Although SUPAHMEDS
endeavors to provide accurate, up to date and truthful information on this site
neither SUPAHMEDS nor any of its employees, agents and associates make any
representations or give any warranties, whether expressly, tacitly or implied,
as to the operation of the site, the information, content, materials and
products included and available from this site. THE
OPERATION OF THE SERVICE MAY BE AFFECTED BY NUMEROUS FACTORS BEYOND THE WEB
SITE'S CONTROL. THE OPERATION OF THE SERVICE MAY NOT BE CONTINUOUS OR
UNINTERRUPTED OR SECURE. SECURITY AND PRIVACY RISKS CANNOT BE ELIMINATED.
PASSWORD PROTECTION MAY NOT PREVENT UNAUTHORIZED ACCESS TO MATERIALS YOU MAY
USE OR ALLOW OTHER PERSONS TO USE IN CONNECTION WITH THE SERVICE, INCLUDING
MATERIALS POSTED OR SUBMITTED TO THE SERVICE. ·
THE
SERVICE WILL MEET YOUR REQUIREMENTS OR WILL BE COMPATIBLE WITH YOUR COMPUTER
AND RELATED EQUIPMENT, PHOTOGRAPHIC EQUIPMENT AND SOFTWARE; ·
THE
SERVICE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR WILL BE FREE
OF ERRORS OR THAT ANY ERRORS WILL BE CORRECTED; ·
THE
SERVICE, THE INFORMATION OBTAINED THROUGH THE SERVICE, OR ANY RESULTS THAT MAY
BE OBTAINED THROUGH THE USE OF THE SERVICE OR THE INFORMATION WILL BE ACCURATE,
COMPLETE, RELIABLE, TIMELY, OR AUTHENTIC; ·
THE
COMPANY WILL MONITOR THE WEB SITE OR ANY MATERIALS THAT YOU OR THIRD PARTIES
POST TO THE WEB SITE OR ANY COMPONENT THEREOF; ·
THE
QUALITY OF ANY GOODS, SERVICES, INFORMATION OR OTHER MATERIALS PURCHASED OR
OBTAINED THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; ·
THE
USE OF THE SERVICE, INCLUDING THE BROWSING AND DOWNLOADING OF ANY MATERIALS
FROM THE WEB SITE, WILL BE FREE OF VIRUSES, TROJAN HORSES, WORMS OR OTHER
DESTRUCTIVE OR DISRUPTIVE COMPONENTS OR BUGS; ·
THE
USE OF THE SERVICE, INCLUDING THE DOWNLOADING AND REPRODUCTION OF MATERIALS
POSTED OR SUBMITTED TO THE SERVICE, WILL NOT INFRINGE THE INTELLECTUAL PROPERTY
OR OTHER RIGHTS OF ANY PERSON; ·
ALBUM
PASSWORD PROTECTION FOR MATERIALS YOU MAY USE OR ALLOW OTHERS TO USE IN
CONNECTION WITH THE SERVICE, INCLUDING MATERIALS POSTED OR SUBMITTED TO THE
SERVICE, WILL PREVENT UNAUTHORIZED ACCESS TO THOSE MATERIALS; OR ·
THE
MATERIALS YOU MAY USE OR ALLOW OTHERS TO USE IN CONNECTION WITH THE SERVICE,
INCLUDING MATERIALS POSTED OR SUBMITTED TO THE SERVICE, WILL NOT BE MISUSED BY
ANY OTHER PERSON; AND
THE WEB SITE AND ITS SERVICE PROVIDERS DISCLAIM ANY AND ALL LIABILITY REGARDING
SUCH MATTERS TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. 21.
LIABILITY EXCLUSION ·
THE
WEB SITE AND ITS SERVICE PROVIDERS WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE
TO YOU OR ANY OTHER PERSON FOR ANY LOSS OF USE, LOSS OF PRODUCTION, LOSS OF
INCOME OR PROFITS (ANTICIPATED OR OTHERWISE), LOSS OF MARKETS, ECONOMIC LOSS,
SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OR PUNITIVE DAMAGES, WHETHER
IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, ARISING FROM, IN
CONNECTION WITH, OR RELATING TO THE USE OF THE SERVICE BY YOU OR ANY OTHER PERSON,
AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY THE COMPANY OR
ITS SERVICE PROVIDERS OR ANY OTHER PERSON FOR WHOM ANY OF THEM IS RESPONSIBLE,
AND NOTWITHSTANDING THAT THE COMPANY OR ITS SERVICE PROVIDERS MAY HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES BEING INCURRED BY YOU OR ANY
OTHER PERSON. LIABILITY LIMITATION WITHOUT LIMITING THE FORGOING, IN NO EVENT WILL THE COMPANY AND
ITS SERVICE PROVIDERS EVER BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY CLAIMS,
PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, AND COSTS, WHETHER IN
CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, AND REGARDLESS OF
ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY THE COMPANY OR ITS SERVICE
PROVIDERS OR ANY PERSON FOR WHOM EITHER THE COMPANY OR ITS SERVICE PROVIDERS
ARE RESPONSIBLE, IN AN AMOUNT EXCEEDING $25 (USD) OR THE PRO-RATED AMOUNT YOU
PAID TO THE COMPANY FOR THE USES OF THE SERVICE WHICH ARE THE SUBJECT OF THE
CLAIM, WHICHEVER IS LESS. RELEASE ·
YOU
HEREBY RELEASE, REMISE AND FOREVER DISCHARGE THE COMPANY AND ITS SERVICE
PROVIDERS AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES,
INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, LICENSORS AND LICENSEES,
AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS FROM ANY AND ALL MANNER
OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS,
LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE
AND KIND WHATSOEVER AND HOWSOEVER ARISING, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR
HEREAFTER EXIST, WHICH ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF
THE SERVICE. INDEMNITY ·
YOU
AGREE TO INDEMNIFY, DEFEND AND HOLD THE COMPANY AND ITS SERVICE PROVIDERS AND
EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION
PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, LICENSORS AND LICENSEES, AND ALL OTHER
RELATED, ASSOCIATED, OR CONNECTED PERSONS (COLLECTIVELY, THE "INDEMNIFIED
PARTIES") HARMLESS FROM AND AGAINST ANY AND ALL DAMAGES, LIABILITIES AND
COSTS, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL FEES AND EXPENSES,
INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM OR DEMAND
ARISING OUT OF, RELATED TO, OR CONNECTED WITH USE OF THE SERVICE BY YOU. YOU
WILL ASSIST AND CO-OPERATE AS FULLY AS REASONABLY REQUIRED BY THE INDEMNIFIED
PARTIES IN THE DEFENCE OF ANY SUCH CLAIM OR DEMAND. ·
ADVICE
AND INFORMATION PROVIDED BY THE COMPANY OR ITS SERVICES PROVIDERS OR THEIR
REPRESENTATIVES, OR THROUGH THE SERVICE, WHETHER ORAL OR WRITTEN, WILL NOT
CREATE ANY REPRESENTATION, WARRANTY OR CONDITION OR VARY OR AMEND THIS
AGREEMENT, INCLUDING THE ABOVE DISCLAIMERS, LIABILITY EXCLUSIONS, LIABILITY
LIMITATIONS, RELEASE AND INDEMNITY PROVISIONS, AND YOU MAY NOT RELY UPON ANY
SUCH ADVICE OR INFORMATION. The exclusion of certain warranties and the
limitation of certain liabilities is prohibited by law in some jurisdictions.
Such legal limitations may apply to you. 22. TERMINATION The user must provide correct
information regarding his credit card information and must make payment for the
medicines as and when they are delivered and incase he fails to do so then his
order shall be cancelled and he shall be liable to pay costs borne by the
Company. 23.
COMPLIANCE, CONSEQUENCES, AND LAW ENFORCEMENT DISCLOSURE 24.
MONITORING AND COMPLAINTS 25.
CHANGES TO THIS AGREEMENT
Members
and other Service users must use the Service responsibly and with respect for
all persons. Members and other Service users must comply with all applicable
laws, rules and regulations, including without limitation the Acceptable Use
Policy, which is part of this Agreement and may be found by clicking here.
The
Company and its service providers do not collect, use, or disclose your
personal information without your prior consent and knowledge except in
accordance with the Privacy Policy. The Privacy Policy is available by clicking
HERE. The Company may change the Privacy Policy from
time to time in its sole discretion. By accepting this Agreement, and each time
you use the Service, you consent to the Company's collection, use and
disclosure of your personal information in accordance with the Privacy Policy
without any further notice or any liability to you or any other person.
You
also consent to the Company and its service providers monitoring, screening,
policing and editing your use of the Service and the use of your accounts,
including postings and submissions of Materials to the Service, without any
notice or any liability to you or any other person. The Web Site and its
service providers are not under any obligation to engage in such monitoring,
screening, policing and editing, but may do so as they consider appropriate in
their sole discretion, without notice to you or any other person.
For
all Materials you may use or allow others to use in connection with the
Service, including Materials posted or submitted to the Service:
This
Agreement, your use of the Service, all transactions through the Service, and
all related matters are governed solely by the laws of
Any
dispute between the Company and you or any other person arising from, in
connection with or relating to the Service, this Agreement, any transaction
through the Service or any related matters must be resolved before the Courts
in Delhi, and you hereby irrevocably submit and attorn to the original and
exclusive jurisdiction of the Courts in Delhi in respect of any such dispute.
Any
claim or cause of action you may have arising from, in connection with, or
relating to your use of the Service, this Agreement, any transaction through
the Service or any related matters must be commenced in a court of competent jurisdiction
in Delhi within one (1) year after the claim or cause of action arises, after
which time the claim or cause of action is forever barred, regardless of any
statute or law to the contrary.
The
Service and all of its content, including data, photographs, images, icons,
software, and other elements, are owned or licensed by the Company or its
suppliers. The Service and all of its content are protected by domestic and
international copyright, trademark, and other laws. Without limiting the above,
the entire content of the Service is, under domestic and international
copyright laws, a collective work owned by the Company. Your use of the Service
and its content does not transfer to you any ownership or other rights in the
Service or its content.
The
Service and its content may not be used for any purpose not expressly permitted
by this Agreement. In particular, except as expressly stated otherwise in this
Agreement, the Service and its content may not be copied, imitated, reproduced,
republished, uploaded, posted, transmitted, modified, indexed, catalogued, or
distributed in any way, in whole or in part, without the express prior written
consent of the Company. You may not use any of the software that is used in the
operation of the Service except while you use the Service. You may not copy any
of the software used in the operation of the Service. You may not reproduce,
copy, duplicate, sell, or resell any part of the Service or access to the
Service.
The
Digital Millennium Copyright Act of 1998 (the "DMCA") provides
recourse for copyright owners who believe that material appearing on the
Internet infringes their rights under
You
may access and browse the Web Site using a commercially available, SSL-capable
Web browser. You may print or download the pages of the Web Site and its
content for your personal, non-commercial use, provided that you do not modify
any of the Web pages or content and you do not remove or alter any visible or
non-visible identification, marks, notices, or disclaimers.
Your
use of the Service, including posting Materials to the Web Site, must be
lawful, ethical, and respectful of the legal rights and interests of all other
persons, and consistent with the security and reliability of the Service and
the Internet generally.
Without
limiting the above, the following rules apply to your use of the Service:
The
following is a non-exhaustive list of prohibited uses of the Service. The
Company reserves the right, in its sole discretion, to determine whether any
use by you of the Service is prohibited or otherwise violates this Policy.
This Agreement is an agreement between you
and the Web Site and governs the use of the Service and any Materials that you
may use or allow others to use in connection with the Service. For purposes of
this Agreement, "Materials" includes user IDs, email addresses,
passwords, comments, images, graphics, text and data and any other forms of
information submitted to the Company, regardless of whether such information is
posted publicly or with password protection.
Each time you use the Service, you signify
your acceptance and agreement, and the acceptance and agreement of any person
you purport to represent (and for purposes of this Agreement, "person"
includes any type of incorporated or unincorporated entity), without limitation
or qualification, to be bound by this Agreement, and you represent and warrant
that you have the legal authority to agree to and accept this Agreement on
behalf of yourself and any person you purport to represent. If you do not agree
with each provision of this Agreement, or you are not authorized to agree to
and accept this Agreement, or you do not have the legal authority to agree to
and accept this Agreement, then you may not use the Service.
All
information you provide through the Service, including your registration
information (name and email addresses), payment information (credit card
numbers and expiration date), and transaction-related information must be true,
accurate, current and complete. You must also provide the Web Site with updated
registration information and payment information within 30 days of any changes.
The Web Site and its service providers will rely on the information you
provide. You will be responsible for any and all loss, damage, or additional
costs that you, the Company or its service providers or others may incur as a
result of your submission of any false, incorrect or incomplete information or
your failure to update your registration and payment information within 30 days
of any changes. The Company may, in its sole discretion, require a copy of a
government-issued form of identification before making any changes to your
registration information or payment information.
The
Web Site may display advertisements on the Service, including on the pages that
display Materials you post or submit to the Service. The manner, mode and
extent of the advertising will be determined by the Company in its sole
discretion, and is subject to change at any time and without any notice or any
liability to you or any other person.
If
you are a member, you may create links to the Materials you post to the Web
Site from your own, personal, non-commercial site; however you may not create
links from commercial sites (such as auction sites) or sites you do not own.
Also, you may not use the Company name or any of the Marks or otherwise
indicate, suggest or imply that the Company endorses the Materials you post to
the Web Site.
Any
other links to the Web Site or its content without the express permission of
the Company are strictly prohibited. To request permission to link to the Web
Site, please contact the webmaster. The Company reserves the right to cancel and
revoke any permission it may give to link to the Web Site at any time, for any
reason, and without any notice or liability to you or any other person.
The
framing of the Web Site or any of its content in any form and by any method is
strictly prohibited.
The
Service may include advertisements for, and links to, other sites and
businesses operated by third parties ("Other Sites"). Other Sites are
independent from the Web Site, and the Company has no responsibility or
liability for or control over Other Sites, their business, goods, services, or
content. Links to Other Sites are provided solely for your convenience. The
Company does not sponsor or endorse any Other Sites or their content or the
goods or services available through those sites. Your use of Other Sites and
your dealings with the owners or operators of Other Sites is at your own risk,
and you may not make any claim against the Company arising out of your use of
any Other Sites or your dealings with the owners or operators of any Other
Sites. The provisions of this Agreement under the section headed “Disclaimer “apply,
with all necessary modifications, to your access to and use of any Other Sites
and their business, goods, services, and content.
The
Company does not accept or consider unsolicited ideas, including ideas for new
advertising campaigns, new promotions, new or improved goods, services or
technologies, product enhancements, processes, materials, marketing plans, or
new product names. The purpose of this policy is to avoid potential
misunderstandings or disputes. Accordingly, please do not send any unsolicited
ideas, suggestions or other materials ("Submissions")
to the Company.
If
you send Submissions to the Company or the Web Site, you automatically grant to
the Company and its assigns a perpetual, royalty-free, irrevocable,
unrestricted, non-exclusive, world-wide, sub-licensable right and license to
use, copy, reproduce, modify, adapt, publish, translate, create derivative
works from, distribute, perform, transmit, display and otherwise exploit the
Submissions or any ideas, concepts, know-how or techniques associated with the
Submissions for any purpose whatsoever, commercial or otherwise, using any
form, media or technology now known or later developed, without providing
compensation to you or any other person, without any liability whatsoever, and
free from any obligation of confidence or other duties on the part of the
Company or its assigns, and you agree, represent and warrant that all moral
rights in the Submissions are waived.
From
time to time the Web Site may make contests, sweepstakes or other promotions
available to members and other Service users. All contests are governed by this
Agreement and the applicable Contest Rules. By participating in a contest
through the Service, you signify your agreement and acceptance of this
Agreement and the applicable Contest Rules.
All
transactions through the Service are governed by this Agreement and any
applicable Transaction Agreement. By participating in a transaction through the
Service, you signify your agreement and acceptance of the applicable
Transaction Agreement.
If
any provision of this Agreement is found to be unlawful, void, or for any
reason unenforceable, then that provision shall be deemed to be severed from
the rest of this Agreement and shall not affect the validity and enforceability
of any remaining provisions.
No
waiver, express or implied, by either party of any breach of or default under
this Agreement will constitute a continuing waiver of such breach or default or
be deemed to be a waiver of any preceding or subsequent breach or default.
You
and the Company are independent contractors, and no agency, partnership, joint
venture, employment or franchise relationship is intended or created by this
Agreement or your use of the Service.
This
Agreement as amended from time to time by the Company, and any applicable
transaction agreements and contest rules, constitute the entire agreement
between you and the Company relating to your use of the Service and supersede
all previous agreements, written, oral or otherwise, between you and the Company
with respect to your use of the Service. You may also be a party to a software
licence agreement regarding any software you have downloaded from or through
the Service.
The
provisions of this Agreement will endure to the benefit of and be binding upon
the Company and its service providers and their respective successors and
assigns, and you and your heirs, executors, administrators, successors and
personal representatives. You may not assign this Agreement or your rights and
obligations under this Agreement without the express written consent of the
Company, which may be withheld in the Company's sole discretion. The Company
and its service providers may assign this Agreement and their respective rights
and obligations under this agreement without your consent.
The
parties to this Agreement have expressly requested and required that this
Agreement, and all other related documents, be drawn up in the English
language.
Any
rights not expressly granted by this Agreement are reserved to the Company.
The
Company strives to make your use of the Service a useful and enjoyable
experience. Nevertheless, the Company and its service providers do not accept
any liability for your use of the Service. For that reason, the following
provisions apply to your use of the Service:
DISCLAIMER
SUPAHMEDS, its employees, agents and associates will not be liable for any damage
of whatsoever nature arising or resulting from the use of or inability to use
this site or the information contained hereon, including but not limited to
direct, indirect, incidental, punitive and consequential damage.
THE
WEB SITE AND ITS SERVICE PROVIDERS ARE UNDER NO OBLIGATION TO VERIFY THE IDENTITY
OF ITS MEMBERS OR OTHER USERS OF THE SERVICE. THE WEB SITE AND ITS SERVICE
PROVIDERS DO NOT CONTROL THE MATERIALS POSTED OR SUBMITTED TO THE SERVICE AND
DO NOT MONITOR, SCREEN, POLICE OR EDIT THOSE MATERIALS FOR COMPLIANCE WITH
APPLICABLE LAWS OR THIS AGREEMENT. YOU MAY FIND SOME OF THE MATERIALS POSTED BY
OTHER USERS TO BE OFFENSIVE, HARMFUL, INACCURATE OR DECEPTIVE. YOU SHOULD USE
CAUTION AND COMMON SENSE WHEN USING THE WEB SITE AND RELATED SERVICES.
THE
WEB SITE AND ITS SERVICE PROVIDERS ARE NOT LIABLE TO YOU OR ANY OTHER PERSON
FOR ANY LOSS OR DAMAGE ARISING FROM OR RELATED TO ANY MISPRINTS OR ERRORS ON
THE WEB SITE, INCLUDING THE UNAVAILABILITY OF ANY PRODUCT OR SERVICE YOU ORDER,
ANY DELAY IN THE AVAILABILITY OF PRODUCTS OR SERVICES , OR ANY CHANGES IN THE
PRICE OF PRODUCTS OR SERVICES.
THE
SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS,
AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF
TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
PERFORMANCE, OR DURABILITY, ALL OF WHICH ARE HEREBY DISCLAIMED BY THE WEB SITE
AND ITS SERVICE PROVIDERS TO THE FULLEST EXTENT PERMITTED BY LAW.
WITHOUT
LIMITING THE GENERALITY OF THE FOREGOING, THE WEB SITE AND ITS SERVICE
PROVIDERS MAKE NO REPRESENTATION, WARRANTY OR CONDITION THAT:
The
disclaimer, liability exclusion, liability limitation, release, and indemnity
provisions in this Agreement survive the termination of this Agreement.
The
Company may in its sole discretion determine whether this Policy has been
violated.
Policy
violations constitute a breach of the Web Site Use Agreement and may, in the
sole discretion of the Company, result in: (a) termination or suspension of
permission to use the Service and any Web Site membership and accounts you may
have; (b) restricted access to Materials posted to the Service; (c) removal and
permanent deletion and destruction of Materials posted to the Service; and (d)
other consequences; all without any notice or liability to you or any other
person.
Service
users who violate this Policy may incur criminal or civil liability.
The
Company may in its sole discretion report perceived violations of applicable
law to law enforcement authorities. The Company will co-operate fully with law
enforcement authorities in the investigation of suspected unlawful conduct, including
providing Web Site members' personal information (including account information
and payment information), Service users' personal information, and copies of
Materials used in connection with the Service, including Materials posted to
the Service.
The
Company's failure to enforce this Policy, for whatever reason, shall not be
construed as a waiver of any preceding or subsequent violation of this Policy.
You
acknowledge that it is the Company's policy to cooperate with law enforcement
agencies investigating illegal or improper activities relating to the Service.
The
Company is not obliged to monitor, screen, police or edit the use of the
Service, including postings of Materials to the Web Site, although the Company reserves
the right to do so in its sole discretion and without any notice or liability
to you or any other person.
The
Company will respond as it considers appropriate, in its sole discretion, if it
becomes aware of any inappropriate uses of the Service, including uses that
constitute copyright infringement. You may report violations of this Policy by
e-mailing us at: legal@supahmeds.com.
You
may not change, supplement, or amend this Agreement in any manner. The Company
may, in its sole discretion, change, supplement or amend this Agreement as it
relates to your future use of the Service from time to time, for any reason,
and without any prior notice or liability to you or any other person. (If you
do not agree to a change, you must terminate your membership as addressed
below.) If you wish to be notified by e-mail of any
changes in our terms of use send an e-mail to: contact@supahmeds.com