TERMS OF USE

Names and details of the parties:

Party-A:

PS ONLINE, a company duly registered under the provisions of the Company’s Act, 1956, having its registered office at Global, B3, Pravah Apartment, near Judges Bunglow Road, Bodakdev, Gujarat, India, hereinafter referred to as the ‘Service Provider’,
and
pharmasuppliers.online, a website / product platform / brand owned and operated by the Service Provider. It aims at providing business networking and trade promotion support services to the clients associated with the Service Provider (hereinafter referred to as the ‘Web Platform’)

Party-B:

Any legal person under the Indian Law, (the "Advertiser and User") who wishes to get registered with the Web Platform using his / her valid email address to generate individual account and list a company - paid or free and willing to use the Web Platform to book and publish advertisement/s, book specific web-space, to publicize the sales promotions of its products / services.

Party-C:

Any legal person under the Indian Law, individual (the "Buyer and User") who wishes to get registered with the Web Platform using his / her valid email address to generate individual account and willing to use the Web Platform to search / gather / explore the advertisement/s, view listed companies and their products / services, to post an inquiry with an intention to access information and / or buy the listed products / services.

PS ONLINE, the Service Provider is now launching the Web Platform for commercial benefit of one and all involved in the business of pharmaceuticals. The terms, conditions, rights, duties, obligation and liabilities of the parties of our Web Platform are as under:

Party-A: RIGHTS, DUTIES, LIABILITIES AND OBLIGATIONS:

1. Rights:

1. The Service Provider is the sole owner or lawful licensee of all the rights to the Web Platform and its contents / material. The Web Platform contents / material indicates its functionalities, operation flow, user interface, design, layout, video, graphics, sound, pictures, text, etc. The website content embodies trade related secrets and intellectual property rights protected below various international intellectual property rights laws, which include copyright, trademark, industrial design, patent, geographical indications, trade secrets, and other laws. All title, ownership and intellectual property rights in the Web Platform and its contents / material shall stay with the Service Provider, its affiliates or licensor’s contents / material of the Web Platform, as the case might be.

2. The Service Provider might, in its sole discretion, restrict / refuse the access to the Web Platform either temporarily or permanently to any user at any time. The access / service is not offered to such temporarily / permanently suspended user.

3. Party-A reserves all its rights which are not claimed here, to claim that in future or as and when required. The details contained on the Web Platform are intended, solely to provide / share common details for the private / commercial use of the Party-B and / or Party-C, who accepts complete duty and responsibility for its use. The Party-A neither represents nor endorses the accuracy or reliability of any details, nor advertisements displayed on, disseminated via, or linked, downloaded or accessed from any of the services contained on this Web Platform, or the quality standards of any items, details or other components obtained or displayed by the Party-B as a outcome of any listing / advertisement or any other details or provide in or in connection with the service. Party-A holds all powers to remove the listed contents / information by Party-B and / or part-c on the Web Platform without any reasons/ clarifications or justifications.

4. Party-A will display the advertisement of Party-B as long as Party-B has paid for. Party-A has the right to take off the advertisement from the Web Platform as and when necessary or Party-B’s advertisement is in conflict with any prevailing Indian laws. Party-A has the sole discretionary right to take off the advertisement without giving any reasons / justifications / clarifications to Party-B.

2. Duties:

1. The Party-A offers the Web Platform, which is mainly for the pharmaceutical and healthcare industries, which covers pharmaceutical machinery, packaging industries, analytical laboratory supplies, utility, pharmaceutical raw materials and pharmaceutical finished products. This Web Platform is only for displaying of the products for product manufacturing, traders & services providers. This Web Platform will only display information like media (example: online B2B information portal or online trade magazine, that includes information and the advertisements) for the healthcare and pharmaceutical information industry. The Web Platform is just like a media / newspaper / magazine / journal for publishing advertisements and information of the industry. The Party-A is not taking any kind of consideration, viz. Share of profit, brokerage, commission, etc. On the transaction/s entered into by and between the Party-B and Party-C through the Web Platform. Neither Party-A is responsible, nor interfering by any way for any transaction entered into by the users - Party-B and Party-C, inert se.

3. Obligations:

1. The Web Platform is simply a means of business networking to interact / exchange the communication to promote / select / intent to purchase / view the listed products / services listed on it by the Party-B user and Party-C user to trade with / identify to select them. The Party-A will not be a part of or be involved for any actual transactions by and between the Party-B (User-Seller) and Party-C (User-Buyer), and therefore, not a party to any such contract for sale negotiated. All transactions between the Party-B (User-Seller) and Party-C (User-Buyer) will be the duty and responsibility of respective party finalizing the same, and this agreement shall not be deemed to create any legal relations / partnerships / joint venture with the Party-A and other party.

2. The Party-A does not accept any responsibility for any errors or inclusions / omissions or for the outcomes obtained from the use of these details. All information on this Web Platform is offered “as it is” with no assurance of completeness, accuracy, timeliness or of the outcomes obtained from the use of this details, and with no warranty of any type, express or implied, which includes, but not restricted to warranties of efficiency, merchantability and fitness for a specific goal. Nothing at all herein shall, to any extent substitute for the independent investigations and the sound technical and company judgment of the Party-A and / or Party-B. In no occasion shall the Party-A be liable for any unforeseeable, consequential, punitive, incidental, direct or indirect damages of any type whatsoever with respect to the service, the products and the items. The Party-A and / or Party-B of this Web Platform should hereby acknowledge that any reliance upon any content material shall be at their sole liability and responsibility.

3. The Party-A is providing Web Platform only for advertisement of the respective companies, just like a newspaper or magazine. If any party, either Party-B and / or Party-C enters into any sort of transaction, inter se, in pursuance of the advertisement published on the Web Platform, Party-A is not directly or indirectly responsible, since Party-A is not charging any money in form of commission / brokerage / fees / consultancy, etc. In such case, "Buyers Beware" principal is applicable.

Party-B: RIGHTS, DUTIES, LIABILITIES, OBLIGATIONS

1. Rights:

1. Any legal person as per Indian law, above 18 years of age, or company or any firm or any entity i.e. Party-B, can get himself / herself/ itself can get registered on the Web Platform and list his / her/ it's company and product / services / advertisement on the Web Platform for the promotion of his / her / its business.

2. Party-B can respond directly to the queries / communications generated by Party-C seeking information / specifications / contents about the submitted products / services / advertisements.

2. Duties:

1. The product / services / advertisements submitted / uploaded by Party-B and displayed on the Web Portal are the sole responsibilities of the Party-B only, which display the trade mark, copy rights, patents or any other rights. The Party-A has all the rights to reject / remove of displayed the product at any point of time without giving Party-B any reasons / justifications.

2. Party-B shall be bound to display the name of the manufacturing company, place of manufacturing such products and the place of origin of the products / services displayed by them in the Web Platform.

3. Party-B will not be allowed to display any of the products / services / advertisements which are in conflict with or are restricted and prohibited under the existing Indian laws.

4. Party-B cannot use negative propaganda about any other company / user / products / services / brand / person and / or comment on other's products / services and / or carry nudity / vulgarity and / or abuse to any country / cast / religion. Party-B can only advertise / provide information about their own product / service / brand / company, which can be useful for the public at large.

Party-C:

1. Duties:

1. Party-C can review / comment / reply about the listed company / product / services / information on the Web Platform. Party-C cannot use the negative propaganda about any other company / user / products / services / brand / person and / or comment on other's products / services and / or carry nudity / vulgarity and / or abuse to any country / cast / religion either in form of its review or comments. Party-C can advertise / provide information about their own product / service / brand / company, which can be useful for the public at large.

General: RIGHTS, DUTIES, LIABILITIES, AND OBLIGATIONS:

1. Eligibility of the user:

1. The Party-B and Party-C should be legal person as per Indian law and at least 18 years of age to be eligible to use services and should be eligible to enter into any kind of contract as per the Indian laws. All the parties will strictly be bound by the existing Indian laws and if there is any conflict with the existing Indian laws then the party responsible for such conflict will have to bear the sole responsibility of the same. The Party-A shall not be accountable for any consequences that arise due to the behaviors / misconduct for the duration of the use of the Web Platform.

2. Duties:

1. Before using the Web Platform as a registered user (Party-B and Party-C), the Party-A believes that the User (Party-B and Party-C) has read, understood and accepted the terms of use of this agreement. If Party-B and / or Party-C do not agree to or if do not want to be bound by the terms and conditions of this agreement, neither of them are authorized and entitled to access or use the Web Platform.

2. The contents / communications / advertisement submitted by the Party-B and / or Party-Con the Web Platform will be in the public domain and therefore, which itself has to be verified by the respective the Party-B and / or Party-C before submission / upload of contents / communications / advertisement and the parties will solely be responsible for the authenticity/validity.

User agreement:

This user agreement applies to all the Users (registered as paid and / or free), i.e. Party-B and / or Party-C, whosoever has access the Web Platform for their specific requirements, and also applies to any legal entity, which might be represented by the respective Party-B and / or Party-C below actual or apparent authority. Party-B and / or Party-C uses this web-platform solely for their personal, commercial or internal purposes.

General:

This user agreement applies to all the services provided on the Web Platform, collectively with any extra terms and conditions as might be applicable to the particular service utilized / accessed by the Party-B and / or Party-C. In the occasion of a conflict or inconsistency among any provision of the terms of use described herein with these of the specific service, the provisions of the terms of use applicable to such particular services shall prevail.

In case of any dispute:

Any kind of dispute between both - Party-B and Party-B and / or Party-B and Party-C and / or Party-C and Party-C arising out of any transactions / review / comments / products / services, no party shall make or join Party-A in any legal proceedings. In any case, if at all Party-A is joined as a party, the Arbitration and Conciliation Act, 1996 shall be applicable. Any dispute or difference whatsoever arising between the parties out of or relating to the construction, meaning, scope, operation or effect of this contract or the validity or the breach thereof, no party shall approach any court of law but such dispute, shall be settled by the Sole Arbitrator appointed under the Arbitration and Conciliation Act, 1996, if Party-A is joined. If Party-A is not joined in that case, as per the terms and conditions entered into by and between Party-B and Party-C. The venue of Arbitration and the seat of Arbitration shall be at Ahmedabad, Gujarat (India). The award made in pursuance thereof by the Sole Arbitrator shall be binding on the parties. Such Sole Arbitrator shall be appointed by and between the parties and if the parties fail to appoint any Sole Arbitrator, then either party can approach the Gujarat High Court, India for the appointment of the Sole Arbitrator. Both parties shall bear equal expenses of the whole arbitration process. Thus, meaning thereby, this clause shall not be applicable in case if Party-A is not joined.

Amendment to users agreement:

The Party-A can update / modify / change, or amend this terms of use agreement from time to time with no any prior notification to the Party-B and / or Party-C and the amended and restated terms and conditions of terms of use shall be implemented instantly on posting. If the Party-B and / or Party-C do not adhere to the modifications, Party-B and / or Party-C should quit utilizing the services. The continuous use of the Web Platform services will signify the acceptance by the Party-B and / or Party-C towards the changed terms.

General:

Neither the Party-A nor the Web Platform shall be responsible for any other transactions, agreements, payment services, quality, quantity, etc. between Party-B and / or Party-C (Suppliers and Buyers respectively) and therefore, Party-A and / or the Web Platform does not hold any legal and / or third party responsibility for any transactions or commitment or services between Party-B and / or Party-C (Buyers and Suppliers respectively). Even if Party-B and / or Party-C (Buyers and Suppliers respectively) have any issue, though Party-A and / or the Web Platform shall not be held responsible. Even if Party-B and / or Party-C involves and / or makes the Party-A and / or the Web Platform the party, in such incident, Arbitration clause will be applied and jurisdiction of Ahmedabad, Gujarat (India) shall be applied for all the purposes, as all parties have voluntarily accepted it.

The information presented right here has been compiled from the published sources and publicly aired. The Party-A respects these sources and is in no way attempting to infringe on the respective copyrights or organizations of these entities. The Party-A reserves the right, in its sole discretion and with no obligation, to make improvements to, or correct any omissions or error in any part of the service or the supplies.

Copyright:

All contents / material on the Web Platform is the copyright of the Party-A except the third party contents / material and link to third party website on the Web Platform.

General:

1. Duties:

1. Party-B and Party-C cannot publish their advertisements of any product / services which is prohibited as per the Indian law.

2. Party-B and Party-C cannot publish their advertisements which harm any race / religion / caste / sex or cause any kind of injustice to them.

3. Only the Indian laws will be applicable for any kind of transaction and no foreign acts shall not be applicable for any kind of transactions.

4. If Party-B or Party-C becomes an enemy of India by way of any war / amendment in laws, etc., Party-A can remove the listing / contents / advertisement posted by either party without any justification or reason and Party-A shall in no case be liable for the breach of the agreement for the same.

2. Duties:

1. Party-B can add / modify / upload the contents / information about their company / products / services, such action has to be along with and official request with authorized officer's signed company letter-pad or email or through official communication channel only. Any content / information submitted, modify / upload the contents / information by Party-B and Party-C on the Web Platform shall be subject to the approval by the legal department of Party-A.

Refund Policy:

Party A hereby commits to delivering services of utmost quality as delineated in our packages. It is our paramount objective to ensure that Party B's contentment with the services provided remains paramount.

Refund Request:

In order to initiate a refund request, Party B is required to formally submit an email to mail@pharmasuppliers.online.

Refund Process:

1. Party A unconditionally guarantees the provision of services outlined in Party B's purchased package, adhering strictly to the specifications enumerated within.
2. Our personnel shall diligently endeavor to fulfill all expectations and requirements specified by Party B during the course of service delivery.
3. Upon consummation of the services stipulated in Party B's purchased package, the contractual agreement shall be terminated.

Amendments to Refund Policy:

1. Party A expressly reserves the right to modify or amend this refund policy at its sole discretion and without prior notice.
2. Any modifications to the refund policy shall be deemed effective immediately upon publication on our official website or other designated communication channels.

Cancellation Policy:

Party A recognizes that circumstances may arise wherein Party B needs to cancel the services outlined in the package. Therefore, Party A has instituted the following cancellation policy:

Cancellation Request:

Party B must formally submit a cancellation request by sending an email to mail@pharmasuppliers.online. The request should include relevant details such as the package name, purchase date, and reason for cancellation.

Cancellation Process:

1. Party A will process cancellation requests promptly upon receipt and verification of the provided information.
2. If the cancellation request arises in case of a package purchased by Party B, Party A unconditionally guarantees the provision of services outlined in Party B's purchased package, adhering strictly to the specifications enumerated within.
3. If the cancellation request in case of a FREE package selected by Party B, Party A will terminate the contract with immediate effect.
4. Upon cancellation, Party A will terminate any ongoing contractual obligations and cease further service provision to Party B.

Amendments to Cancellation Policy:

1. Party A retains the right to modify or amend this cancellation policy at its sole discretion and without prior notice.
2. Any modifications to the cancellation policy shall be considered effective immediately upon publication on our official website or other designated communication channels.

We, the respective party, hereby agree and acknowledge the terms and conditions and based on that we have made our registration with the Web Platform.

Drafted by:

Yatin Soni, Advocate,
Gujarat High Court
E: yatinsoni65@yahoo.com