USER
AGREEMENT
Genbucks Pvt Ltd PROVIDES
VARIOUS SERVICES TO ITS USERS WHICH ARE DETAILED ON THE WEBSITE
‘Herbal-Pills.net’ (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.Genbucks Pvt Ltd's services ("User"), and ‘Genbucks Pvt
Ltd’ ("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:
<!--[if
!supportLists]-->·
<!--[endif]-->The client is eighteen
years of age or older.
<!--[if
!supportLists]-->·
<!--[endif]-->The Client confirms to
Genbucks Pvt Ltd (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.
<!--[if
!supportLists]-->·
<!--[endif]-->The Client has lawfully
obtained the prescription from duly qualified medical practitioner and that the
Medication will be used only as directed and only by the person for whom the
Medications were prescribed and that the duty of care is the responsibility of
the Client’s Doctor.
<!--[if
!supportLists]-->·
<!--[endif]-->The Client confirms that no
person other than the Client will use the Ordered Product.
<!--[if
!supportLists]-->·
<!--[endif]-->The client acknowledge that
Genbucks Pvt Ltd is required to have a licensed Indian Physician (“the Indian
Physician”) review his/her medical information and that Genbucks Pvt Ltd 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.
<!--[if
!supportLists]-->·
<!--[endif]-->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.
<!--[if
!supportLists]-->·
<!--[endif]-->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.
<!--[if
!supportLists]-->·
<!--[endif]-->The Client confirms the
release in the preceding paragraph also benefits and protects any Indian
Physician retained by the Providers to lawfully issue the prescription in Indian
as directed by the Client’s Doctor.
<!--[if
!supportLists]-->·
<!--[endif]-->THE CLIENT AGREES THAT THE
INDIAN PHYSICIAN SHALL NOT BE LIABLE FOR ANY LIABILITY, CLAIM, LOSS, DAMAGE OR
EXPENSE OF ANY KIND OR NATURE CAUSED DIRECTLY OR INDIRECTLY BY ANY INADEQUACY OR
UNSUITABILITY OF ANY PRESCRIPTION ISSUED BY THE INDIAN PHYSICIAN OR THE
INADEQUACY, DEFICIENCY OR UNSUITABILITY OF THE INDIAN PHYSICIAN'S REVIEW OF THE
CLIENTS’S MEDICAL INFORMATION. IN NO EVENT WILL THE INDIAN PHYSICIAN BE LIABLE
OR RESPONSIBLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, DIRECT, INDIRECT,
PUNITATIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY
THEREOF.
<!--[if
!supportLists]-->·
<!--[endif]-->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.
<!--[if
!supportLists]-->·
<!--[endif]-->The client will notify
Genbucks Pvt Ltd 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.
<!--[if
!supportLists]-->·
<!--[endif]-->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.
<!--[if
!supportLists]-->·
<!--[endif]-->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.
<!--[if
!supportLists]-->·
<!--[endif]-->The client agrees that
should he or she suffers any adverse effects while taking any prescription
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.
<!--[if
!supportLists]-->·
<!--[endif]-->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
<!--[if
!supportLists]-->·
<!--[endif]-->The client understands that
Genbucks Pvt Ltd shall be entitled to substitute a Medication with its generic
equivalent, where available in accordance with the Indian Drug Standards and
Therapeutic Formulary, unless the client’s Own Physician has indicated “no
substitution” on the prescription.
<!--[if
!supportLists]-->·
<!--[endif]-->The client agrees that
Genbucks Pvt Ltd may release personal health information to the persons listed
as their “Secondary Contacts” in the Patient Questionnaire.
<!--[if
!supportLists]-->·
<!--[endif]-->The Client acknowledges
that the Ordered Product may not be returned for a refund or an exchange.
<!--[if
!supportLists]-->5.
<!--[endif]-->USE OF THE
SERVICE
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.
<!--[if
!supportLists]-->6.
<!--[endif]--> PRIVACY
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.
<!--[if
!supportLists]-->7.
<!--[endif]-->LICENSE AND
WARRANTIES
For all Materials you
may use or allow others to use in connection with the Service, including
Materials posted or submitted to the Service:
<!--[if
!supportLists]-->·
<!--[endif]-->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;
<!--[if
!supportLists]-->·
<!--[endif]-->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
<!--[if
!supportLists]-->·
<!--[endif]-->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.
<!--[if
!supportLists]-->8.
<!--[endif]-->GOVERNING LAW AND DISPUTE
RESOLUTION
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.
<!--[if
!supportLists]-->9.
<!--[endif]-->OWNERSHIP AND USE OF THE
SERVICE AND ITS CONTENT
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.
<!--[if
!supportLists]-->10.
<!--[endif]-->GENERAL USE
RULES
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:
<!--[if
!supportLists]-->·
<!--[endif]-->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.
<!--[if
!supportLists]-->·
<!--[endif]-->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.
<!--[if
!supportLists]-->·
<!--[endif]-->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
<!--[if
!supportLists]-->·
<!--[endif]--> the
proper working of the Service or impose an unreasonable or disproportionately
large load or burden on the system or its infrastructure.
<!--[if
!supportLists]-->·
<!--[endif]-->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).
<!--[if
!supportLists]-->·
<!--[endif]-->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
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.
<!--[if
!supportLists]-->·
<!--[endif]-->Uses that may
violate the General Use Rules set forth above.
<!--[if
!supportLists]-->·
<!--[endif]-->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.
<!--[if
!supportLists]-->·
<!--[endif]-->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.
<!--[if
!supportLists]-->·
<!--[endif]-->Uses that may
dilute or depreciate the name and reputation of the Company and its affiliates
or associates.
<!--[if
!supportLists]-->·
<!--[endif]-->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;
<!--[if
!supportLists]-->·
<!--[endif]-->Uses that
"frame" or "mirror" any part of the Web Site without the Company's prior written
authorization;
<!--[if
!supportLists]-->·
<!--[endif]-->Uses that
interfere with other persons' use and enjoyment of the Service or of the
Internet generally.
<!--[if
!supportLists]-->·
<!--[endif]-->Uses that may
damage, disrupt, compromise or degrade the integrity, efficiency, performance or
security of the Service or that may otherwise or result in:
<!--[if
!supportLists]-->o
<!--[endif]-->the
circumvention or breach of any user authentication, password, security or
control measures regarding the Service or any other Internet resource or
computer system;
<!--[if
!supportLists]-->o
<!--[endif]-->unauthorized
access to other persons' accounts and Materials (including Materials posted to
the Service) or interference with their use and enjoyment of the Service.
<!--[if
!supportLists]-->·
<!--[endif]-->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.
<!--[if
!supportLists]-->·
<!--[endif]-->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.
<!--[if
!supportLists]-->·
<!--[endif]-->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;
<!--[if
!supportLists]-->o
<!--[endif]-->Executable
programs or audio and video recordings;
<!--[if
!supportLists]-->o
<!--[endif]-->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
<!--[if
!supportLists]-->o
<!--[endif]-->Materials
that are encrypted.
<!--[if
!supportLists]-->11.
<!--[endif]-->YOUR ACCEPTANCE OF THIS
AGREEMENT
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.
<!--[if
!supportLists]-->12.
<!--[endif]--> INFORMATION
SUBMISSIONS
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.
<!--[if
!supportLineBreakNewLine]-->
<!--[endif]-->
<!--[if
!supportLists]-->13.
<!--[endif]--> ADVERTISEMENTS
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
!supportLists]-->14.
<!--[endif]-->LINKING AND FRAMING THE WEB
SITE
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.
<!--[if
!supportLists]-->15.
<!--[endif]-->OTHER
SITES
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.
<!--[if
!supportLists]-->16.
<!--[endif]-->UNSOLICITED
SUBMISSIONS
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.
<!--[if
!supportLists]-->17.
<!--[endif]-->CONTESTS
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.
<!--[if
!supportLists]-->18.
<!--[endif]-->TRANSACTION
AGREEMENTS
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
!supportLists]-->19.
<!--[endif]-->OTHER
MATTERS
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.
<!--[if
!supportLists]-->20.
<!--[endif]-->DISCLAIMER, LIABILITY
EXCLUSION, LIABILITY LIMITATION, RELEASE AND INDEMNITY
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
Although Genbucks Pvt Ltd
endeavors to provide accurate, up to date and truthful information on this site
neither Genbucks Pvt Ltd 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.
Genbucks Pvt Ltd, 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 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 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:
<!--[if
!supportLists]-->·
<!--[endif]-->THE SERVICE
WILL MEET YOUR REQUIREMENTS OR WILL BE COMPATIBLE WITH YOUR COMPUTER AND RELATED
EQUIPMENT, PHOTOGRAPHIC EQUIPMENT AND SOFTWARE;
<!--[if
!supportLists]-->·
<!--[endif]-->THE SERVICE
WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR WILL BE FREE OF
ERRORS OR THAT ANY ERRORS WILL BE CORRECTED;
<!--[if
!supportLists]-->·
<!--[endif]-->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;
<!--[if
!supportLists]-->·
<!--[endif]-->THE COMPANY
WILL MONITOR THE WEB SITE OR ANY MATERIALS THAT YOU OR THIRD PARTIES POST TO THE
WEB SITE OR ANY COMPONENT THEREOF;
<!--[if
!supportLists]-->·
<!--[endif]-->THE QUALITY
OF ANY GOODS, SERVICES, INFORMATION OR OTHER MATERIALS PURCHASED OR OBTAINED
THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS;
<!--[if
!supportLists]-->·
<!--[endif]-->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;
<!--[if
!supportLists]-->·
<!--[endif]-->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;
<!--[if
!supportLists]-->·
<!--[endif]-->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
<!--[if
!supportLists]-->·
<!--[endif]-->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
<!--[if
!supportLists]-->·
<!--[endif]-->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
<!--[if
!supportLists]-->·
<!--[endif]-->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
<!--[if
!supportLists]-->·
<!--[endif]-->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.
<!--[if
!supportLists]-->·
<!--[endif]-->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.
The disclaimer,
liability exclusion, liability limitation, release, and indemnity provisions in
this Agreement survive the termination of this Agreement.
<!--[if
!supportLineBreakNewLine]-->
<!--[endif]-->
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
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.
24. MONITORING AND
COMPLAINTS
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@genbucks.com.
<!--[if
!supportLineBreakNewLine]-->
<!--[endif]-->
25. CHANGES TO THIS
AGREEMENT
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:
legal@genbucks.com