These Terms of Use (“Terms”) apply to a users’ (“ User/Your”) access to, and use of, the clasepi.com (the “ Website”) and the mobile application (the “ Application”). The Website and Application are operated by AKUMENTIS , and its subsidiaries, licensees, and affiliated companies (collectively, “AKUMENTIS / We”).

As a condition of using the Website and/or Application and the services provided therein (“Services”), you agree to be bound by these Terms. By using or accessing the Website and/or Application and/or the Services, you agree to these Terms, as may be updated from time to time. If you do not agree to these Terms, do not use this Website and/or Application. Because these Terms are a legal contract between you and AKUMENTIS , it is important that you review the Terms carefully before accessing or using the Website and/or Application. These Terms are not intended to alter in any way or limit the terms or conditions of any other agreement that you may have with AKUMENTIS , including without limitation the privacy policy (“Privacy Policy”).

These Terms apply to any person who accesses or uses the Web Site or the Application or uses Services for any purpose. It also applies to any legal entity which may be represented by any person who accesses or uses the Web Site or Application, under actual or apparent authority. User(s) may use this Web Site and/or Application or Services solely for their commercial/business purposes.

These terms apply to all services offered on the Web Site or Application, collectively with any additional terms and conditions that may be applicable in respect of any specific service used or accessed by User(s) on the Web Site or application. In the event of any conflict or inconsistency between any provision of these terms and any additional terms and conditions applicable in respect of any service offered on the Web Site, such additional terms and conditions applicable in respect of that service shall prevail over this Agreement

  1. USER ACCOUNT
    1. In order to use the Website and/or Application, you are required to provide various information about yourself including your name, email address and other personal information. You agree that any information you provide to AKUMENTIS  on the Website and/or Application will always be accurate, correct and up to date. You shall not impersonate someone else or provide account information, an email address or any other information that is not your own.
  1. OWNERSHIP OF THE WEBSITE/APPLICATION
    1. The Website and Application contains content owned or licensed by AKUMENTIS  (“AKUMENTIS  Content”). AKUMENTIS  owns and retains all rights in the AKUMENTIS  mark or other proprietary rights notices incorporated in or accompanying the AKUMENTIS  Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the AKUMENTIS  Content.
    1. The AKUMENTIS  name and logo are trademarks of AKUMENTIS , and may not be copied, imitated or used, in whole or in part, without the prior written permission of AKUMENTIS , except with prior consent. In addition, all custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of AKUMENTIS , and may not be copied, imitated or used, in whole or in part, without prior written permission from AKUMENTIS .
  2. E-COMMERCE PLATFORM FOR PHARMACEUTICAL PRODUCTS : Platform to facilitate transaction of business:

Through the Website, Akumentis facilitates the purchase of drugs and other pharmaceutical products, and services offered for sale by Third Party Pharmacies (“Pharmaceutical Goods and Services”). You understand and agree that Akumentis and the Website merely provide hosting services to You and persons browsing / visiting the Website. All items offered for sale on the Website, and the content made available by the Third Party Pharmacies, are third party user generated contents and third party products. Akumentis has no control over such third party user generated contents and/ Pharmaceutical Goods and Services and does not – originate or initiate the transmission, or select the sender/recipient of the transmission, or the information contained in such transmission. The authenticity and genuineness of the Pharmaceutical Goods and Services made available by the Third Party Pharmacies through the Website shall be the sole responsibility of the Third Party Pharmacies. You understand and agree that Akumentis shall have no liability with respect to the authenticity of the Pharmaceutical Goods and Services being facilitated through the Website.

2.You understand and agree that all commercial / contractual terms, with respect to the sale/ purchase/ delivery and consumption of the Pharmaceutical Goods and Services which are offered by and agreed to between You and the Third Party Pharmacies and the contract for purchase of any of the Pharmaceutical Goods and Services, which are offered for sale on the Website by the Third Party Pharmacies shall strictly be a bipartite contract between the Third Party Pharmacies and You.

  1. The commercial / contractual terms include without limitation – price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to Pharmaceutical Goods and Services offered for sale by the Third Party Pharmacies, and after sales services related to such Pharmaceutical Goods and Services are as provided by the Third Party Pharmacies. Akumentis does not have any control over, and does not determine or advise or in any way involve itself in the offering or acceptance of, such commercial / contractual terms offered by and agreed to, between You and the Third Party Pharmacies.
  2. REPRESENTATION AS TO LEGAL TITLE
  3. Akumentis does not make any representation or warranty as to legal title of the Pharmaceutical Goods and Services offered for sale by the Third Party Pharmacies on the Website.
  4. At no time shall any right, title, claim or interest in the products sold through or displayed on the Website vest with Akumentis nor shall Akumentis have any obligations or liabilities in respect of any transactions on the Website. You agree and acknowledge that the ownership of the inventory of such Pharmaceutical Goods and Services shall always vest with the Third Party Pharmacies, who are advertising or offering them for sale on the Website and are the ultimate sellers.
  5. You agree and acknowledge that the Third Party Pharmacies shall be solely responsible for any claim/ liability/ damages that may arise in the event it is discovered that such Third Party Pharmacies do not have the sole and exclusive legal ownership over the Pharmaceutical Goods and Services that have been offered for sale on the Website by such Third Party Pharmacies, or did not have the absolute right, title and authority to deal in and offer for sale such Pharmaceutical Goods and Services on the Website.
  6. NON-PERFORMANCE OF CONTRACT

You accept and acknowledge the following:

Akumentis is not responsible for any unsatisfactory, delayed, non-performance or breach of the contract entered into between You and the Third Party Pharmacies for purchase and sale of goods or services offered by such Third Party Pharmacies on the Website;

  1. PRESCRIPTION DRUGS
  2. The Website is a platform that can be used by the Users to purchase various drugs and pharmaceutical products that requires a valid medical prescription issued by a medical expert/ doctor to be provided to a registered pharmacist for the purpose of dispensing such medicine (“Prescription Drugs”), offered for sale on the Website by Third Party Pharmacies. In order to purchase Prescription Drugs from Third Party Pharmacies through the Website, You are required to upload a scanned copy of the valid prescription on the Website or email the same to Akumentis. The order would not be processed and forwarded to the concerned Third Party Pharmacy(s) by Akumentis until it receives a copy of a valid prescription. Third Party Pharmacies will verify the prescription forwarded by You and in case of Third Party Pharmacy(s) observe any discrepancy in the prescription uploaded by You, the Third Party Pharmacy(s) will cancel the order immediately. You are also required to make the original prescription available at the time of receipt of delivery of Prescription Drugs. You shall allow the delivery agent to stamp the original prescription at the time of medicine delivery failing which medicines will not be delivered.
  3. Akumentis shall maintain a record of all the prescriptions uploaded by the Users.
  4. SUBSTITUTION OF PRESCRIBED DRUGS
  5. You acknowledge and accept that the order for a substitute of a Prescription Drug would only be processed if the medical expert/ doctor has himself/ herself permitted for any other equivalent generic drug to be dispensed in place of the Prescription Drug in the prescription or if the prescription solely lists the salt names instead of a specific brand name.
  6. You further acknowledge and accept that, in the absence of the above, the concerned Third Party Pharmacy would not dispense a substitute drug in place of the Prescription Drug.
  7. INVITATION TO OFFER FOR SALE
  8. Notwithstanding anything else contained in any other part of these Terms of Use, the listing of drugs and other pharmaceutical products on the Website by the Third Party Pharmacies is merely an ‘invitation to an offer for sale’ and not an ‘offer for sale’. The placement of an order by You shall constitute an offer by You to enter into an agreement with the Third Party Pharmacies (“Offer”). Post the Offer from the Third Party Pharmacies, Akumentis shall send an email to You with the information on the Offer along with the details of the concerned Third Party Pharmacy(s) who may undertake the sale, and such an email shall not be considered as an acceptance of the Offer. The acceptance of the Offer would only be undertaken by the Third Party Pharmacy(s) after the validation/ verification of the prescription by such Third Party Pharmacy (in case of Prescription Drugs) and the ascertainment of the available stock in the relevant Third Party Pharmacy(s) (in the case of prescription as well as other drugs/ pharmaceutical products), by way of a confirmatory email to be sent to You.
  9. For the avoidance of any doubt, it is hereby clarified that any reference of the term ‘offer/ offered for sale by the Third Party Pharmacy’, as appearing in these Terms of Use, shall be construed solely as an ‘invitation to offer for sale’ by any such Third Party Pharmacy.
  10. TRANSFER OF PROPERTY AND COMPLETION OF SALE
  11. Upon acceptance of the Offer by the concerned Third Party Pharmacy (being the brick and mortar pharmacy, the Pharmaceutical Drugs and Services would be dispensed at the pharmacy, in accordance with the terms of the order placed by You. Such dispensation shall also take place under the direct/ personal supervision of the pharmacist of the Third Party Pharmacy, wherever required under the applicable law(s).
  12. You agree and acknowledge that the property and title in the Pharmaceutical Drugs and Services ordered by You shall stand immediately transferred to You upon the dispensation of Pharmaceutical Drugs and Services and the raising of the invoice at the concerned Third Party Pharmacy. Accordingly, the sale of Pharmaceutical Drugs and Services is concluded at the concerned Third Party Pharmacy itself.
  13. The invoice in relation to the Pharmaceutical Drugs and Services, that are required to be delivered to You shall be issued by the concerned Third Party Pharmacy (being the brick and mortar pharmacy) which is to process and satisfy the order for such Pharmaceutical Drugs and Services.
  14. DELIVERY OF DRUGS
  15. You agree to appoint an individual who shall act in the capacity of Your agent and collect the medicines as requested by You from Third Party Pharmacy on Your behalf (“User Agent”). You accept and acknowledge that the User Agent shall be responsible to collect the medicines ordered by You from the Third Party Pharmacy and to carry it to the address notified by You.
  16. You further agree and acknowledge that the User Agent acts as Your agent for collecting the medicines from the Third Party Pharmacy. The services are being undertaken by User Agent with Your consent and therefore the Company is merely facilitating for You and Users Agent to connect.
  17. ADVERTISING GUIDELINES FOR THE WEBSITE –
  18. As part of the Services provided by Us; We facilitate and allow Third Party Advertisers to place advertisements on the Website. Accordingly, there are guidelines (as listed herein below) which the Third Party Advertisers have to follow for placing such advertisements (the “Advertising Policy”).
  19. For the Users: Akumentis clearly distinguishes between the editorial content and content that is created or provided by one of Our Third Party Advertisers. The advertisements will be labeled as “sponsored”, “from our Advertisers” or “advertisement”. This content will not be reviewed by Our in-house editorial staff and shall not be subject to Our editorial policy (as set out herein below) but shall be subject to the Advertising Policy, these Terms of Use (except the editorial policy) and the Privacy Policy.
  20. For the Third Party Advertisers: The Third Party Advertisers must be honest about the products or services their advertisements promote; the advertisement shall not create unrealistic expectation and must not be misleading or offending; must be responsible and of the highest standards and without compromising the consumer protection. The Advertising Policy applies to all the advertisements, listed or sought to be listed, on the Website.
  21. GENERAL RULES: All the advertisements must comply with the Advertising Policy, the terms of these Terms of Use (except the editorial policy) and the Privacy Policy. Akumentis may, at any time and without having to serve any prior notice to the Third Party Advertisers, (i) upgrade, update, change, modify, or improve the Website or a part thereof in a manner it may deem fit, and (ii) change the content of the Advertising Policy and/ or these Terms of Use and/ or the Privacy Policy. It is the responsibility of the Third Party Advertisers, in such cases, to review the terms of the Advertising Policy and/ or these Terms of Use and/ or the Privacy Policy, from time to time. Such change shall be made applicable when they are posted. Akumentis may also alter or remove any content from the Website without prior notice and without liability. The Third Party Advertisers are also responsible for ensuring that their advertisements comply with all applicable law(s) in India and any other jurisdiction that such Third Party Advertiser(s) are based out of, industry codes, rules and regulations in each geographic area where the advertisements will run. All disclosures in the advertisements must be clear and conspicuous.
  22. REVIEW: All the advertisements are subject to the review and approval of Akumentis. Akumentis reserves the right to reject or remove any advertisement in its sole discretion for any reason. Further, Akumentis also reserves the right to request modifications to any advertisement, and to require factual substantiation for any claim made in an advertisement.
  23. PROHIBITED CONTENT: The advertisements must not infringe the intellectual property, privacy, publicity, copyright, or other legal rights of any person or entity. The advertisements must not be false, misleading, fraudulent, defamatory, or deceptive. The following advertisement content is prohibited:
    • content that demeans, degrades, or shows hate toward a particular race, gender, culture, country, belief, or toward any member of a protected class;

content depicting nudity, sexual behaviour, or obscene gestures;

  • content depicting drug use;content depicting excessive violence, including the harming of animals;shocking, sensational, or disrespectful content;deceptive, false or misleading content, including deceptive claims, offers, or business practices;
  • content that directs users to phishing links, malware, or similarly harmful codes or sites; and

content that deceives the Users into providing personal information without their knowledge, under false pretences, or to companies that resell, trade, or otherwise misuse that personal information; and

  • content that violates any law for the time being in force.
  1. Prohibited Advertisements: Advertisements for the following products and services are prohibited:
  • adult products and services (other than contraceptives; see below);
  • cigarettes (including e-cigarettes), cigars, smokeless tobacco, and other tobacco products;
  • products or services that bypass copyright protection, such as software or cable signal descramblers;products or services principally dedicated to selling counterfeit goods or engaging in copyright piracy;
  • get-rich-quick or pyramid schemes or offers or any other deceptive or fraudulent offers;
  • illegal or recreational drugs or drug paraphernalia;
  • counterfeit, fake or bootleg products, or replicas or imitations of designer products;
  •  firearms, weapons, ammunition, or accessories;
  • advertisements that promote particular securities or that provide or allege to provide insider tips;
  •  any illegal conduct, product, or enterprise;
  • unapproved pharmaceuticals and supplements;
  • prescription drugs;
  • products that have been subject to any government or regulatory action or warning;
  • products with names that are confusingly similar to an unapproved pharmaceutical or supplement or controlled substance; and
  • material that directly advertises products to or is intended to attract children under the age of 13.
  1. Prohibited Advertisements under the Drugs and Magic Act:

subject to the provisions of the Drugs and Magic Act, no person shall take any part in the publication of any advertisement referring to any drug which suggest or are calculated to lead to the use of that drug for –

the procurement of miscarriage in women or prevention of conception in women; or

the maintenance or improvement of the capacity of human beings for sexual pleasure; or

the correction of menstrual disorder in women; or

the diagnosis, cure, mitigation, treatment or prevention of any disease, disorder or condition specified in the schedule of the Drugs and Magic Act, or any other disease, disorder or condition (by whatsoever name called) which may be specified in the rules made under the Drugs and Magic Act; or provided that no such rule shall be made except, – (i) in respect of any disease, disorder or condition which requires timely treatment in consultation with a doctor or for which there are normally no accepted remedies; or prohibition of misleading advertisements relating to drugs;

subject to the provisions of the Drugs and Magic Act, no person shall take any part in the publication of any advertisement relating to a drug if the advertisement contains any matters which:

directly or indirectly gives a false impression regarding the true character of the drug; or makes a false claim for the drug; or is otherwise false or misleading in any material particular.

It is hereby clarified that that the Third Party Advertisers will comply with all the provisions of the Drugs and Magic Act and the rules made thereunder. Further, it is agreed that the Third Party Advertisers shall be solely responsible for any penalty or any action taken by the governmental authorities for non-compliance with the Drugs and Magic Act and the rules made thereunder.

  1. Restricted Advertisements: Advertisements in the following categories are restricted and require approval on a case-by-case basis:
  •  advertisements that promote or reference alcohol;
  •  advertisements for online dating services;
  •  advertisements for gambling and games of skill;
  • advertisements for lotteries;
  •  advertisements for financial services;
  •  advertisements for contraceptives;
  •  advertisements for online pharmacies or pharmaceuticals; and
  • political advertisements.
  1. Testimonials & Endorsements:

any testimonials and endorsements contained in advertisements must comply with all applicable law(s), industry codes, rules, and regulations. For example, a clear and conspicuous disclaimer is required if an endorser’s results were atypical or if the endorser was paid;

Akumentis recognizes and maintains a distinct separation between advertising and sponsored content and editorial content. All advertising or sponsored content on the Website of the Company will be clearly and unambiguously identified; and

a click on an advertisement may only link the User to the website of the Third Party Advertiser(s).

  1. USE OF THE WEBSITE/APPLICATION AND CONDUCT
    1. Use of the Website and/or Application
      • You may use the Website and/or Application for lawful purposes only. You shall not post or transmit through the Website and/or Application any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libellous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law.
      • You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Website and/or Application in any medium; (ii) transmitting spam, chain letters, or other unsolicited email; (iii) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Website and/or Application; (iv) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (v) uploading invalid data, viruses, worms, or other software agents through the Website and/or Application; (vi) collecting or harvesting any personally identifiable information, including account names, from the Website and/or Application; (vii) using the Website and/or Application for any commercial purposes without having all necessary rights and licenses to the User Content; (viii) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (ix) interfering with the proper working of the Website and/or Application; (x) accessing any content on the Website and/or Application through any technology or means other than those capabilities provided by the Website and/or Application; or (xi) bypassing the measures we may use to prevent or restrict access to the Website and/or Application, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Website and/or Application or the content therein.
    2. User Content Guidelines:
      • You are solely responsible for your conduct and any data, text, information, images, links and other content or materials that you submit, post or display on or via the Website and/or Application (“User Content”). AKUMENTIS  shall have no liability for conduct in relation to your use of our Website. Violations of these Terms may result in legal consequences prescribed by all applicable laws of India.
      • AKUMENTIS  has the right (but not the obligation) in its sole discretion to remove any User Content that is stored via the Website and/or Application. AKUMENTIS  takes no responsibility and assumes no liability for any User Content that you or any other User or third party creates, stores, shares, posts or sends through the Website and/or Application. You shall be solely responsible for your User Content and the consequences of posting, publishing it, or sharing it and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. If your Content violates these Terms, you shall bear legal responsibility for that content.

 

      • You agree not to post, store, transmit, create or share any User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libellous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); or (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships. You agree that any User Content that you create, store, or share does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. AKUMENTIS  reserves the right, but is not obligated, to reject and/or remove any User Content that AKUMENTIS  believes, in its sole discretion, violates these provisions. For the purposes of these Terms, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all Website therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

 

    1. In connection with your User Content, you affirm, represent and warrant the following:
  • Your User Content and your use thereof as contemplated by these Terms and the Website and/or Application will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights or privacy rights.
      • To the extent that you use the Website and/or Application for any commercial purpose and your User Content contains any copyrighted material that is not your original work or in which you do not otherwise own the copyright, you have obtained all rights, licenses, consents, and permissions necessary in order to use that copyrighted material in connection with the creation and/or dissemination of that User Content using the Website and/or Application.
      • AKUMENTIS  may exercise the rights to your User Content granted under these Terms without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
      • AKUMENTIS  takes no responsibility and assumes no liability for any User Content that you or any other User or third party creates, stores, shares, posts, sends or otherwise makes available through the Website and/or Application, whether directly or indirectly. You shall be solely responsible for your User Content and the consequences of posting, publishing it, or sharing it to AKUMENTIS . If your Content violates these Terms, you shall bear legal responsibility for that content.
    2. You agree that AKUMENTIS  is not responsible for, and does not endorse, User Content posted within the Website and/or Application. AKUMENTIS  does not have any obligation to pre-screen, monitor, edit, or remove any User Content. If your User Content violates these Terms, you shall be solely responsible for any legal consequences with respect to such User Content.
    3. AKUMENTIS  reserves the right to remove any User Content from the Website and/or Application for any reason, without prior notice. User Content removed from the Website and/or Application may continue to be stored by AKUMENTIS , including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. AKUMENTIS  will not be liable to you for any modification, suspension, or discontinuation of the Website and/or Application, or the loss of any User Content.

 

  1. RIGHTS TO USER CONTENT
    1. If you share your User Content with AKUMENTIS  or link your User Content to AKUMENTIS  on a third party service, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to AKUMENTIS  a royalty-free, sub licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Website and/or Application and AKUMENTIS ’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of our Website and/or Application (and derivative works thereof) in any media formats and through any media channels.
  1. NON-CONFIDENTIAL INFORMATION:

Subject to any applicable terms and conditions set forth in our Privacy Policy, any communication or other material that you send to us through the Internet or post on a Web site by electronic mail or otherwise, such as any questions, comments, suggestions or the like, is and will be deemed to be non-confidential and AKUMENTIS  shall have no obligation of any kind with respect to such information. AKUMENTIS  shall be free to use any ideas, concepts, know-how or techniques contained in such communication for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products

 

PRIVACY AND SECURITY

    1. You understand that by using the Website and/or Application you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy, and to have your personally identifiable information collected, used, processed and transferred to such service providers or affiliates as detailed under the thereunder.
    2. You understand that AKUMENTIS  cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

 

DISCLAIMERS, EXCEPTIONS AND LIMITATIONS

    1. You acknowledge and agree that the Website and/or Application is merely a platform that) a User to browse available products and offering and that the images on the website/application are merely indicative, and the actuals may vary.
    2. The pricing information and other information provided on the Website and/or Application is solely informational in nature, and AKUMENTIS  does not make any warranty or guarantee with respect to the same.
    3. You acknowledge that you read and act upon this information at your own risk and shall make additional efforts to verify the authenticity of such information.
    4. We may, without prior notice, change the Website and/or Application, stop providing the Website and/or Application or features of the Website and/or Application, to you or to Users generally, or create usage limits for the Website and/or Application. We may permanently or temporarily terminate or suspend your access to the Website and/or Application, or delete any User Content without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms,or for no reason. Upon termination of your account,you continue to be bound by these Terms.
    5. You acknowledge that there will be occasions when the Website and/or Application may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.
    6. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DIS SATISFACTION WITH THE WEBSITE AND/OR THE APPLICATION, THE SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE WEBSITE AND/OR THE APPLICATION.

 

WARRANTY

    1. THE WEBSITE AND/OR APPLICATION ARE PROVIDED ON AN “AS IS” BASIS, AND USE OF THE WEBSITE AND/OR APPLICATION IS AT THE USER’S RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND/OR APPLICATION ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AKUMENTIS  OR THROUGH THE WEBSITE AND/OR APPLICATION WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, AKUMENTIS , ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSOR’S DO NOT WARRANT THAT; THAT THE WEBSITE AND/OR APPLICATION WILL MEET YOUR REQUIREMENTS; THAT THE WEBSITE AND/OR APPLICATION WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE WEBSITE AND/OR APPLICATION IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE AND/OR APPLICATION IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE WEBSITE AND/OR APPLICATION. AKUMENTIS  DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE AND/OR THE APPLICATION, OR ANY HYPER LINKED WEBSITE OR SERVICE, AND AKUMENTIS  WILL NOT BE A PARTY TO ORIN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

 

TERMINATION

    1. AKUMENTIS  may terminate these Terms for any reason at any time. AKUMENTIS  reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to and use of the Website and/or Application, with or without prior notice. Otherwise applicable sections of the Terms shall survive termination. In addition to any termination rights, we reserve the right to enforce and prosecute any violations of these Terms.

 

INDEMNIFICATION

    1. You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms, or any use by you of the Website and/or Application. You shall provide us with such assistance, without charge, as we may request in connection with any such defence, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defence without our prior written consent.

 

LIMITATION OF LIABILITY

    1. IN NO EVENT WILL AKUMENTIS  OR ITS AFFILIATES OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE WEBSITE AND/OR THE APPLICATION, OR ANY LINKED SITES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE. THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF AKUMENTIS  HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

 

GOVERNING LAW

    1. This Agreement shall be governed by the laws of India, and the courts of Delhi shall have exclusive jurisdiction with respect to any dispute arising hereunder.
  1. NOTICE REGARDING COPYRIGHT OWNERSHIP:

All Services provided on the Site and any services or Content provided on any related site owned, operated, licensed or controlled by the Company or any of its units or affiliated entities (collectively, “Group”), are subject to intellectual property rights, contractual and other protections. The intellectual property rights are owned by the Company or others in the Group or their licensors. Except for Available Content or Content that you own, no Content may be copied, distributed, republished, uploaded, posted or transmitted in any way except pursuant to the express provisions of the Terms or with the prior non-electronic consent of the Company or its designee. Modification or use of the Available Content for any other purpose may violate intellectual property rights. No title to copies or to intellectual property rights are transferred to users—all title and rights remain with the Company or others in the Group

  1. MISCELLANEOUS PROVISIONS
    1. Survival: In the event of termination or expiration of these Terms for any reason, any provisions of these Terms that by their nature should survive termination of these Terms will survive termination of these Terms, unless contrary to the pertinent provisions here instated.
    2. Severability: If any term or provision in these Terms is held to be either illegal or unenforceable, in whole or in part, under any enactment or rule of law, such term or provision or part shall to that extent be deemed not to form part of these Terms, but the validity and enforceability of the remainder of these Terms shall not be affected.
    3. Unenforceability: If any provision of these Terms or any word, phrase, clause, sentence, or other portion thereof should be held to be unenforceable or invalid for any reason, then provided that the essential consideration for entering into these Terms on the part of any Party is not unreasonably impaired, such provision or portion thereof shall be modified or deleted in such manner as to render these Terms as modified legal and enforceable to the maximum extent permitted under applicable laws.
    4. No Waiver: No delay or omission by either Party hereto to exercise any right or power occurring upon any non compliance or default by the other party with respect to any of the terms of these Terms shall impair any such right or power or be construed to be a waiver thereof. The terms and conditions of these Terms may be waived or amended only in writing or mutual agreement of the Parties. A waiver by either of the Parties hereto of any of the covenants, conditions, or agreements to be performed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition, or agreement herein contained (whether or not the provision is similar).
    5. Notices: Any notice required or permitted to be given to AKUMENTIS  hereunder shall be in writing and sent or transmitted by (i) registered or certified mail; (ii) hand-delivery; (iii) email; or (iv) internationally recognized courier service, provided its receipt is acknowledged and, dispatched or sent or transmitted to the address specified AKUMENTIS . All notice required to be given under these Terms shall be addressed to
      customercare@myakumentis.com

 

  1. MODIFICATIONS OF THE TERMS OF USE:

AKUMENTIS  may change the Terms or modify any features of the Website and/or Application at any time at our sole discretion. The most current version of the Terms can be viewed by clicking on the “Terms and Conditions”. If you continue to use the Website and/or Application after changes are posted, you will be deemed to have accepted the change.