The capitalized highlighted words, unless otherwise specified, shall have the meanings as defined herein below:
Is understood as the complete registration form along with its attachment(s) and the terms and conditions including privacy commitment stated herein and is deemed to have been executed at Lucknow.
Is known as N.E.W.S. Pharma Pvt. Ltd. an existing Company under the Companies Act, 1956 and having its registered office at 505, Sun Apartments, Sector-2, Vikas Nagar, Lucknow-226022 along with its unit for the Company’s website pharmabizconnect.com
Is understood as the date of acceptance by the User to the services of pharmabizconnect.com
Is understood as the date of expiry of the services intimated through a notice or/and the letter of termination.
It includes the details of the services under a product, provided to the User by the company in writing or that is contained in the website pharmabizconnect.com
Is understood as various provisions of services provided by the company to the User of pharmabizconnect.com that includes the following.
- Service to the User, for the purpose of seeking details of Exhibitors including Manufacturers/TPCM, Franchisors/PCD, Company formation/ DL consultants, Trade Mark/ISO consultants, Art workshops,Gift Vendors and other exhibitors which may be added from time to time.
- Service to the User, for the purpose of advertisement, using exhibits including details of Company and services rendered including banners, display contents and web links that are displayed on various web pages of pharmabizconnect.com
- Service to the User, for the purpose of awareness, willingly agrees to receive alerts, promotional messages and advertisement on pharmabizconnect.com and through calls/ emails/ SMS.
Is understood as the Internet web site pharmabizconnect.com
Is understood as and includes all the information and details the User submits, publish, displays, posts or transmits to other User, including but without limiting to the User’s name, mailing address, telephone numbers, account and email address.
The content along with Logos, Photographs, designs and any print material in any shape or size of the exhibitors displayed on www.pharmabizconnect.com are the sole property of the exhibitors and any legal issues arising due to them would be exhibitors responsibility to settle and they indemnify www.pharmabizconnect.com and N.E.W.S. Pharma Pvt. Ltd from the same
Is understood as and includes all the information and details the User submits, publish, displays, posts or transmits to other User, including but without limiting to the User’s name, mailing address,telephone numbers, account and email address.
Is understood as an individual or corporate user to the services and the signatory, whose details are mentioned in the registration form and includes his successors and permitted assignees.
Words referring to masculine include the feminine and the singular include the plural and vice versa as the context admits or requires and Words importing persons includes individuals, bodies corporate and unincorporated.
2. Opening of Service
- The Service is understood to begin on the Start Date.
- Services of pharmabizconnect.com is available to only those individuals/organizations who can form legally binding contracts under applicable law.
3. Subscription Fees
- The subscription fees is as per applicable rates mentioned in the product basket which may change from time to time.
- Liability for the Subscription Fees shall accrue from the Start Date.
- All visitors, for the purpose of seeking information, using pharmabizconnect.com shall be exempted from the application of this clause.
- Subscription fees wherever applicable shall be payable within stipulated time frame as is mentioned in the invoice(s) issued by the company to the User.
- The User will pay the subscription fee on demand and in case of dispute for any reasons whatsoever the amount so paid, shall be refunded to the User on a pro-rata basis.
- The company has the right to charge interest on the outstanding amount from the due date until the date of final payment by the User.
- The company has the exclusive right to cancel/reject any insertion or information/data provided by the User from being included or reflected on its website without assigning any reasons.
6. Obligations of User
- The User shall be solely responsible for the accuracy and authenticity of the Users Content and shall verify the same at its own cost and expense.
- The User understands and agrees that using the services of pharmabizconnect.com invites applicable taxes and cost and is responsible for the same.
- All information retrieved, stored and transmitted through the services shall be sole responsibility of the User.
- The safe custody of the Users Gate pass or/and exhibit code shall be the sole responsibility of the User. Any breach of security or any un-authorize/misuse of Users account, known to the User shall be brought to the notice of the company immediately.
- Subscription fee as and when applicable shall be paid in time by the user.
- The User agrees that the advertisement, logos, micro site, banners, postings shall take time to be uploaded on the website.
- The User agrees to promptly approve the content to be uploaded and shall be responsible for the delay if any.
- The User will indemnify N.E.W.S. Pharma Pvt. Ltd.. For any action or claim committed/made by any third party resulting from any information posted on the site by the user or/and anybody else on his behalf.
7. Restricted Actions
- User shall allow only authorized person(s) to use the services.
- The user can neither resale, transfer or share the services subscribed, to any person, corporate body, firm or individual and shall not make any unauthorized commercial use of the service.
- The User shall use the Service only for the purpose for which it is subscribed.
- The User shall comply with all applicable laws (and shall not contravene any applicable law) of India relating to the Services, including any regulation made pursuant thereto.
- The user shall, except for information posted by him cannot delete or vary any personal information posted by other User.
- The User shall not use the Service for any unlawful purpose including without limitation criminal purposes.
- The Service shall not be used to send or receive any message, which is offensive on moral, religious, racial or political grounds or of an abusive, indecent, obscene, defamatory or menacing nature, cause or for causing any threat or/and harassment or/and annoyance or/and anxiety or/and any other inconvenience whatsoever caused to any person.
- The User shall not infringe on any copyright, trademark, trade secret or other intellectual property rights of others or violates the privacy, publicity or other personal rights of others or retain the information in any computer system with an intention to do so.
- User shall not make use of anyone else's Information other than as necessary to complete any transactions of services in which you are involved.
- The user shall not violate, or attempt to violate the security of pharmabizconnect.com and /or any sites linked to pharmabizconnect.com, including, without limitation the following
(a)Accessing data not intended for such users or logging into server or account which the user is not authorized to access
(b)Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
- The User shall be restricted/prohibited to introduce, post or transmit any information or software which interfere with services to any user , host or network, including, without limitations, via means of submitting a virus to any pharmabizconnect.com site, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”;
- In case of any breach by the user, the company shall have the right to delete any material relating to the violations without prior notice to the User. The Company reserves the unilateral right to suspend or/and deactivate the User’s access to pharmabizconnect.com the Service and/or any other related facility. Company shall have the right to any legal remedy in addition to the indemnity, against the user to recover the loss suffered and the harm caused to the reputation of the company due to such violation.
- The User shall for lawful purposes alone use pharmabizconnect.com site and shall not transmit, distribute, store or destroy material, in violation of any applicable law or regulation of local or/and state or/and Central or/and foreign law. This includes without limitation any unauthorized use of material that is defamatory, obscene, threatening, abusive or hateful.
8. Users content and submission
- The User is solely responsible for the Users Content that the User submit, publish or display on pharmabizconnect.com or transmit to other Users. By posting users content to pharmabizconnect.com, the User automatically grant, and user represent and warrants that the User have the right to grant, pharmabizconnect.com an irrevocable, perpetual, non-exclusive, fully paid, world wide license to use, copy, perform, display and distribute such Users Content and to prepare derivative works of, or incorporate into other works, such Users Content, and to grant and authorizes thereof.
- The content along with Logos, Photographs, designs and any print material in any shape or size of the exhibitors displayed on www.pharmabizconnect.com are the sole property of the exhibitors and any legal issues arising due to them would be exhibitors responsibility to settle and they indemnify www.pharmabizconnect.com and N.E.W.S. Pharma Pvt. Ltd from the same
- The User by posting Users Content to any public or non-public area of pharmabizconnect.com, grants the company and its affiliates the loyalty- free, perpetual, irrevocable, sublicense able (through multiple tiers), non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the Users content (in whole or in part) worldwide and /or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any right that may exist is such content. The User warrant that the holder of any right, including moral rights in such content, has completely and effectively waived all such rights and validity and irrevocably granted to the User the right to grant the license stated above. The User permit any User/subscriber to access, display, view, store and reproduce such Users Content for personal use. Subject to the foregoing, the owner of such Users Content fed in pharmabizconnect.com retains any and all rights that may exist in such Users Content.
- The Company acts as a passive conduit for the online distribution and publication of User Content and accepts all information in good faith and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring User Content posted by Users. However, the Company may review and delete any User Content that, in the sole judgment of pharmabizconnect.com, violates these Terms and Conditions, violates applicable law, rule or regulation, is offensive or illegal or violates the rights of, harms or threatens the safety of Users of pharmabizconnect.com site. The Company reserves the right to expel Users and prevent their further access to the pharmabizconnect.com Sites for violating the Terms and Conditions or applicable law, rule or regulation and the right to remove User Content which is in violation of the Terms and Conditions, abusive, illegal, or disruptive. The Company may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes it may create liability for the Company or may cause the Company to lose (in whole or in part) the services of its ISPs or other suppliers.
- The following is a partial list of User Content that is prohibited on pharmabizconnect.com.The list below is for illustration only and is not a complete list of all prohibited User Content:
a. Is implicitly or explicitly offensive, such as User Content that engages in, or/and endorses, or/and promotes racism, or/and bigotry, or/and hatred, or/and physical harm of any kind against any group or individual.
b.Harasses ,or/and incites harassment, or/and advocates harassment of another any group or individual.
c. Involves the transmission of "junk mail", or/and "chain letters," or/and unsolicited mass mailing or/and "spamming".
d.Promotes or endorses false or/and misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous.
e. Promotes or endorses an illegal or unauthorized copy of another person's copyrighted work.
f.Displays or links to pornographic, indecent or sexually explicit material of any kind.
g. Provides or links to material that exploits people under the age of 18 in a sexual, violent or other manner, or solicits personal information from anyone under 18.
h.Provides or creates computer viruses or pirating any media; and solicits passwords or personal identifying information from other Users.
- pharmabizconnect.com reserves the right in its sole discretion to investigate and take legal action against anyone who engages in any illegal or prohibited conduct or otherwise violates these Terms and Conditions, including without limitation, removing the User Content from pharmabizconnect.com Sites and/or terminating the offending User's ability to access the pharmabizconnect.com Sites and/or use pharmabizconnect.com services. The Company may take any other action with respect to User Content or User actions that it deems necessary or appropriate in its sole discretion if it believes it may create liability for the Company or may cause the Company to lose (in whole or in part) the services of its ISPs or other suppliers.
- The Company does not represent or guarantee the truthfulness, accuracy, or reliability of User Content or any other communications posted by Users or endorse any opinions expressed by users. You acknowledge that any reliance on material posted by other Users will be at your own risk.
- The Company has no obligation to screen User Content in advance and is not responsible for screening or monitoring User Content posted by Users. If notified by a User of communications which allegedly do not conform to these Terms and Conditions, the Company may in its sole discretion investigate the allegation and determine whether to take any other actions whether to remove or request the removal of the User Content. The Company has no liability or responsibility to Users for performance or of such activities.
9. Users Exhibit Code
- Users shall maintain the confidentiality of the Gate pass or/ and Exhibit Code including but without limiting to time to time change of the same and shall not reveal the same to other person(s).
- User shall use only his Gate pass or/and exhibit Code to access the services of pharmabizconnect.com
- User shall not claim any right to any folders and its content, Identification Numbers assigned to him by the company in event of using the services.
- User shall immediately notify the company of any theft or/and loss or /and unauthorized use of Password or/and identification.
- User shall use the Gate pass or/and exhibit Code only by the organization and its employees and in event of employee leaving the organization the user shall take necessary steps to protect its Gate pass or/and exhibit Code and shall be liable for use of services by any third party till the time the company is notified.
- The user shall not download or/and extract either complete or partial Users details for any commercial use or intentions other than purely for personal purposes.
- User must be 18 years of age or older to visit or use pharmabizconnect.com in any manner. By visiting pharmabizconnect.com or/and accepting these Terms and conditions, the User warrants to the company that the user is 18 years of age or older and has the right, authority and capacity to agree to and abide by these Terms and Conditions.
- User represents and Warrants to the company that the user will use pharmabizconnect.com in a manner consistent with any and all applicable laws and regulations.
11. Maintenance & Updation
- To carry out system maintenance or/and updation or/and up gradation or/and uploading or/and testing or/and repair or/and other work the company may deactivate or/and suspend the user’s access to the services of pharmabizconnect.com without assigning any reasons what so ever at any time and shall not be liable of any loss or/and damage that the user may suffer and shall not invite any deductions of fees payable to the company, as a result of such deactivation or/ and suspension.
12. Terms, Termination & Liabilities
- This agreement will remain in full force and effect while you are the user of pharmabizconnect.com however either party can terminate this agreement by giving 30 days notice in writing.
- Notice period of 30 days may be waived or shortened by the company on its discretion in case of written request from the User.
- The company reserves the right, at its sole discretion, to pursue all its legal remedies, including termination of this agreement without assigning any reason/s whatsoever and without prejudice to any/all other rights if the user has breached this agreement or/and company is unable to verify or authenticate any information submitted to pharmabizconnect.com or/and is not in the public interest to continue providing the services.
- Company shall pay on pro-rata basis to the User upon termination, any amount due within 30 days from the date of termination.
13. Violation of Terms & Conditions
- If pharmabizconnect.com, in its sole discretion, determines that a violation of the Terms & Conditions has occurred, the company may pursue any of its legal remedies, included but not limited to (a) removal of offending material; (b) termination of services;(c) corporation with any investigation without notice to the violator, by any Central or/and State or/and local body or/and any court or/and tribunal having the competence to carry out the same. pharmabizconnect.com has the right to refuse services to anyone at any time for any reasons, and without notice.
14. Suspension of Service
- Services to the user shall be suspended if any monies payable to the company by the User is not paid on due date. Services shall be reconnected upon subsequent payment by the User of such monies.
- Suspended services shall be deemed to be terminated and user shall be liable for all the charges and fees incurred up to the date.
The services by pharmabizconnect.com is provided on “as is” and “as available” basis. pharmabizconnect.com makes no representation or warranties of any kind, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose or/and the operation of this site or/and the information or/and content or/and material or/and products included on this site. User shall agree that use of service is at the user’s own risk
- The company makes no warranty that the service shall be uninterrupted or/and error free or/and secure; nor the company warrants the accuracy or reliability of any information generated as a result of services used by the User.
- pharmabizconnect.com makes no representation or warranties of any kind, express or implied, regarding accuracy and/or quality of information transmitted through the services.
- pharmabizconnect.com acts as a venue for visitors to access the information(Users content) posted by exhibitors through pharmabizconnect.com and pharmabizconnect.com does not screen or/and censor the content or services offered. The company is not involved in actual transaction between visitors and exhibitors. As a result company has no control over the quality or/and safety or/and legality of the information or content posted or/and the truth or/and accuracy of the users content, or/and the ability of exhibitors to offer services to the visitors or/and the ability of the visitors to avail the services. The company makes no representation about any service, rates or monetary transaction that may happen between the visitor and exhibitor on pharmabizconnect.com
- pharmabizconnect.com is a public site and accepts all information in good faith and is not responsible whatsoever regarding the bonafide of the user.
- The user acknowledge and agrees that they are solely responsible for the form or/and content or/and accuracy of any content, uploads and details of their exhibits therein placed by you on pharmabizconnect.com Exhibitors are solely responsible for their posting/uploading on pharmabizconnect.com The company is not to be considered as Mediator with respect to your use of pharmabizconnect.com and the company shall not be responsible for any transaction decision, for whatever reason made, made by any entity posting exhibits on pharmabizconnect.com.
- The User shall ensure that while using the Service, all prevailing and applicable laws, rules and regulations, directly or indirectly for the use of systems, service or equipment shall at all times, be strictly complied with by the User and the Company shall not be liable in any manner whatsoever for default of any nature regarding the same, by the User.
- pharmabizconnect.com does no warrants that its website or third party website linked with pharmabizconnect.com will operate error free and are free of computer viruses or/and worms or/and other harmful mechanism.
- pharmabizconnect.com contains links to third party websites which is solely for the convenience of the User and the company does not endorses nor is responsible for the content and does not make any representation regarding the content or accuracy of material on such third party website. If user access the link to third party web site it will be at the Users risk only.
- The company does not exercise any supervisory or editorial control over and/or edit and/or amend any data and/or contents of any e-mails and/or posting of any information that that may be inserted or/and made available or transmitted to a third party in or through pharmabizconnect.com and the User acknowledges the same.
- The Company has absolute discretion which the user acknowledge to refuse and/or suspend or/and terminate and/or delete and/or amend any artwork, materials and/or information or/and content of any data and/or information or/and posting so as, in the sole opinion of the Company, to comply with the prevailing legal framework and/or moral obligations as placed on the Company and in order to avoid infringing any third party’s rights and/or any other rules and/or standards and/or codes of practices that may be applicable to the posting or pharmabizconnect.com and/or the internet.
- Its difficult to authenticate the user and company cannot and does not confirm that each user is who they claim to be, as pharmabizconnect.com is venue only and cannot be involved in user-to-user dealings or/and control or/and screen or/and censor postings offered to other Users nor the Users of the services.
- In case of any dispute amongst the Users/participants , the User releases the company, or/and agents or/and officers or/and employees or/and successors from any claims or/and demands or/and damages (actual or/and consequential) of every kind or/and nature or/and known or/and unknown or/and suspected or/and unsuspected or/and disclosed or/and undisclosed, arising out of or/and in any way related to such disputes and/or our service.
- Any information or/and material and/or goods or/and services obtained through the service is done at user's own discretion and risk and that user shall be solely responsible for any damage/s or/and cost or/and any other consequence/s resulting from any transaction.
- pharmabizconnect.com does not guarantee nor promise any specific results to the User from use of pharmabizconnect.com. No advice or or/and information, whether oral or/and written, obtained by the User from pharmabizconnect.com or/and through or/and from the service shall create any warranty not expressly stated herein.
- The Company’s maximum liability under this agreement will not exceed Rs. 1000.
16. Limitation of Liability
The company, or/and its suppliers, or/and third party on site, shall not be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, or/and, lost profits or/and business interruptions) resulting from use or/and inability to use pharmabizconnect.com and its content, whether based on warranty, contract, trot or any other legal theory and whether or not the company is advised of the possibility of such damages.
- The Company take s no responsibility/liability whatsoever for shortage or non fulfillment of the service/s on pharmabizconnect.com any other linked site due to or arising out of technical failure or/and malfunctioning or/and otherwise and the User hereby undertakes that in such situation/s, the User shall not claim any right/damages/ relief, etc against the Company for “Deficiency of service” under The Consumer Protection Act or any other Act/Rules, etc.
17. Use of Information/Data Supplied
The User hereby agrees and irrevocably authorizes that the Company has the right to:
Use for the company’s own purpose, any data or/and information supplied by the User in connection with this Agreement, and/or pass on such information to any other associated companies or selected third parties.
- pharmabizconnect.com shall retain all data or/and information supplied by the User while using the Service for the exclusive use of the Company in accordance with service agreement with the user, notwithstanding any termination of the Agreement or suspension of the Service to the User herein. Anything contrary to the above, unless specifically put down in writing, following the termination or suspension of the Service to the User, all such data and information shall remain in the Company’s property, records and databases as the exclusive property of the Company, for all times to come.
- User agrees to defend, indemnify , and hold harmless the company, its affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions or demand, including without limitation reasonable legal and accounting fees, alleging or resulting from any users content or/and other material the user provide to pharmabizconnect.com or/and users use of any pharmabizconnect.com content or/and Users breach of Terms and Conditions or/and user feature any copyright, trade secret or trademark of such third party. The company shall provide notice to the User promptly of any such claims, suit, or proceeding.
- The company has the right to amend, vary or change the terms and conditions, in any form as may be determined by the company. This agreement will be periodically updated and terms and conditions changed from time to time and the same would be posted on pharmabizconnect.com. The User should visit the site and review updated Terms and conditions. For the avoidance of doubt, the User's continued use of the Service constitutes an affirmation and acknowledgement of the amended terms and conditions.
20. Discontinuation or Modification to Services
- The Company reserves the unilateral right to add to /and/or change and/or delete and/or end the Service at anytime with or without notice to the User. In case of paid service, the company shall refund the User, on pro-rata basis any amount for the remaining unused period.
- There shall be no liability on behalf of the Company to the User or any third party in case the Company exercise its unilateral right to modify or discontinue the Service.
- pharmabizconnect.com if fails to enforce any right or provision of these Terms & Conditions shall not constitute a waiver of such right or provision. Provisions of these Terms and conditions if found to be invalid by the court of competent jurisdiction, the parties agrees that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms & Conditions shall remain in full force and effect.
22. Full Agreement
- This shall be the complete and exclusive Agreement between the parties with respect to the subject matter thereof, superseding any prior agreements, documents and or communications regarding such subject matter. The right to change, vary or amend, however exclusively rests with the Company.
23. Governing Law and Jurisdiction
- pharmabizconnect.com is a public site and accepts all information in good faith and is not responsible whatsoever regarding the bonafide, the information is believed to be true or/and correct and complies with the low of the land.
- The User Agree that any claims arising out of related use of the services or the terms and conditions must be filed within 30 days, regardless of any statute or low to the contrary. After 30 days any such claims or cause of action arose or be forever barred.
- This Agreement and any dispute or matter arising from incidental use of pharmabizconnect.com is governed by the laws of India and the User and the Company hereby submit to the exclusive jurisdiction of the courts at Lucknow, India without regard to its conflict of law provisions. User and pharmabizconnect.com agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Uttar Pradesh.
- There is no agency or/and partnership or/and joint venture or/and employee-employer or/and franchiser-franchisee relationship between pharmabizconnect.com and any user of the service.
24. Acknowledgment and Acceptance of Terms and Conditions
- The terms and conditions appearing here above consists of the Complete agreement between the Party/User (as defined above ) and the Company (as defined above ) and replaces all previous arrangements/schedules between the parties regarding the subject matter contained hereinabove. By completing the registration process and/or checking the “I have read and accept the “Terms and Conditions” box, you are indicating your acceptance to the agreement and to be bound by all of the terms and conditions including Privacy Commitment of the Company as appearing hereinabove.
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