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Terms & Conditions

This Terms and Condition for Use of Shresth Pharma Nexus website and any of its subdomains and ‘Ayukrt’ mobile applications (collectively the ”Electronic Medium') is a legal agreement ('Agreement') between you, the user (“User”, “You”)

and

Shresth Pharma Nexus, a sole proprietorship incorporated in India, (hereinafter referred to as 'SPN, 'Our', 'Us', 'We') providing, among other things, the terms and conditions for your use of subscription services, primarily a web based software and integrated mobile based applications hosted and managed remotely on the Electronic Medium (the 'Services').

The Electronic Medium are owned and operated by SPN. You acknowledge that you have read and agreed to these terms of use ('Terms') and any amendments, modifications or changes made to it from time to time. You may not use the services if you do not agree to the Terms.

SPN has the discretion to update this Terms at any time. We encourage Users to frequently check this page for any changes to stay informed about the Terms. You acknowledge and agree that it is your responsibility to review the Terms periodically and become aware of modifications. You shall be bound by the same on your participation in such services or programs. Any new features that augment or enhance the current Service, including the release of new features and resources, shall be subject to the Terms of Service.

Grant of right to use the Electronic Medium
  1. You must be 18 years or older to use this Service.
  2. You must provide your legal full name, a valid email address, contact details and any other information requested in order to complete the signup/registration process and/or continued use of the Service. Please see our Privacy Policy and practices at SPN Privacy Policy and Ayukrt mobile App on how the personal information would be used. SPN reserves the right to terminate your use of the Services upon the discovery that the information you provided is not complete or accurate.
  3. Login to your account may only be used by one person – a single login shared by multiple people is not permitted.
  4. You agree not to share your username and password with other people. You are responsible for maintaining the confidentiality of your Service account and password. It is your responsibility to notify SPN if you believe your username or password have been compromised or used in an unauthorized manner either with or without your knowledge. You are solely liable for any losses incurred to Us, Our affiliates, officers, directors, employees, consultants, agents, and representatives due to mis-use of your account or password.
  5. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws).
  6. You are responsible for complying with all applicable local, state, national and foreign laws relating to your use of the Service. You may not violate any applicable law or regulation; post or transmit any materials that violate any applicable local law; use the Service for any fraudulent or inappropriate purpose.
  7. You may not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service.
  8. You are responsible for obtaining any equipment and mobile or communication services necessary to access our Services or Websites and for paying any fees for the equipment and service You select. We will not be liable for any damages to Your equipment resulting from the use of the Services or Websites.
  9. You may not resell, duplicate or reproduce or exploit any part of the Service without the written consent permission of SPN.
  10. SPN may modify, suspend or discontinue this Service at any time, for any reason, at its sole discretion. SPN reserves the right to refuse service to anyone for any reason at any time.
  11. If you cancel or terminate your Service, all of your content, data, information, text, files, documents, images will be deleted from the Service.
  12. The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but limited to:
    • the Indian Contract Act, 1872,
    • the (Indian) Information Technology Act, 2000, and
    • the rules, regulations, guidelines and clarifications framed thereunder, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules” ).
  13. A condition of the User’s use of and access to the Electronic Medium available through the Website or otherwise provided by SPN is the User’s acceptance of this Agreement and the Services provided here under. Any User that does not agree with any provisions of the same is required to leave this computer resource / the Website / Electronic Medium immediately and immediately discontinue use of all Services.
  14. SPN recommends that you must read the terms of use carefully. YOUR USE OF SERVICES ON ANY OF THE ELECTRONIC MEDIUM MEANS YOU ARE CONSENTING TO THIS AGREEMENT.
  15. Multiple people are not permitted to share the same/single log-in on any of the Electronic Medium.
  16. Users may not transfer (including by way of sublicense, lease, assignment or other transfer, including by operation of law) their user name or right to use the Service to any third party. You, the User, are solely responsible for the way anyone you have authorized to use the Service uses the Services, and for ensuring that all of your such users comply with all of the terms and conditions of this Agreement. Any violation of the terms and/or conditions of this Agreement by any such user shall be deemed to be a violation thereof by you.
  17. These terms of use will be applicable to Users who access Software features using any of the Electronic Mediums including native mobile applications published by SPN and limited to its applications for devices running on iOS and Android.
    18. Collection and disclosure of Sensitive Personal Data
  18. If You choose to provide information to register on our Websites/electronic medium, You agree that You will provide accurate, complete, and up to date information as requested on the screens that collect information from You. Please refer to our Privacy Policy for information on our practices for handling personal information and sensitive personal data or information.
  19. We and our authorized third parties may collect different types of Personal Information and Sensitive personal Data Or Information, as required under laws and regulation and also based on your desire to use the Services.
  20. This Personal Information and Sensitive personal Data Or Information collected, handled and dealt by us may include, amongst other things:
    Information that allows SPN to provision the desired Services and to communicate with you and comply with current legal and regulatory requirements. This information may include but not limited to:
    • Personal Information: Your name, Age, Gender, Date of Birth, Photographs, Password to SPN Customer Portal, etc.
    • Contact Information: Your address, Telephone numbers, Email id etc.
    • Health Information: Your Height, Weight, Illness/diseases, Medical Test Reports, medical history etc.
    • Other Information: any of their information that may be considered as a Sensitive Personal Date or Information, as defined under the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011, as amended from time to time.
  21. Other Information may be collected in the form of various surveys which you agree to participate in or provide other feedback to us regarding our products or services; when you register to receive news or public policy updates or when you apply for a job through our website; subscription enquiries through our web site.
  22. In case you do not provide your information or consent for usage of personal information or later on withdraw your consent for usage of the personal information so collected, SPN reserves the right to discontinue/cancel the Services for which, the said information was sought.
  23. We may disclose and/or transfer your Personal Information and/or Sensitive personal Data or Information at times to third parties. We may disclose and/or transfer your information to:
    • Other companies that provide services directly to you on our behalf or provide services to us by collecting, receiving, processing, storing, dealing or handling your information. To enable them to do this, we may need to share your personal information and/or Sensitive personal Data or Information with them.
    • anyone we transfer our business to in respect of which you are a customer or a potential customer;
    • to any other entity or organization in order for them to understand our environment and consequently, provide you with better services.
  24. THE USER HEREBY EXPRESSLY AND WILLINGLY CONSENTS TO AND GIVES PERSMISSION TO SPN TO USE AND DISCLOSE THE PERSONAL INFORMATION AND THE SENSITIVE PERSONAL DATA OR INFORMATION OF THE USER’S AS PROVIDED IN CLAUSE ABOVE.
  25. The Electronic Medium accepts online appointment requests for all medical practitioners listed and associated with SPN. SPN takes all essential steps to duly inform the medical practitioners via phone or email for appointment requests made on the Electronic Medium. However, it is possible that some appointment requests do not reach the medical practitioners at all or in a timely manner due to technical or operational reasons including but not limited to cases when medical practitioners do not respond to phone calls made by SPN or when medical practitioners do not read emails sent by SPN in timely manner. SPN shall have no liability or responsibility in this regard.
  26. SPN reserves the right to add new functionality, remove existing functionality, and modify existing functionality to its Services as and when it deems fit, and make any such changes available in newer versions of its Software or Website or both at its discretion. All Users of its Services will be duly notified upon release of such newer versions and SPN reserves the right to automatically upgrade all Users to the latest version of its Services as and when it deems fit.
    27. Payment Terms
  27. A valid credit card is required for paying accounts, unless otherwise specified. Free accounts are not required to provide a credit card number.
  28. The free account entitles new, registered users/entities to a free trial usage of the Service. It is provided at no cost to the user/entity. While using the free account, SPN may restrict the length of time, number of days, storage limits, page views, number of participating members and the number of Appointments scheduled by the user. SPN reserves the right to change the terms, cost and duration of the Free or any other Plans at any time. If the user desires additional services beyond the scope and limitations of the free account, then the user must subscribe to the Service as a paying customer. Any data you enter into the Services, and any customizations made to the services by us for you, during your free trial will be permanently lost unless you upgrade your subscription to one of paid plans.
  29. The Service is billed in advance ('Fees', 'Fee') on lump sum basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for unused Services. SPN reserves the right to terminate or suspend an account for non-payment of subscription dues.
  30. All Fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, legal compliances, statutory registrations and reporting. Service Tax of 12.36% is levied on every purchase.
  31. Payment Method shall be Online. The Fees could be online through the facility made on the Website. Third parties support and services are required to process online fee payment. We are not responsible for any loss or damage caused to you during this process as these third parties are beyond the control of SPN.
    32. Cancellation and Termination
  32. You are solely responsible for properly cancelling your account. You may cancel your account at any time by sending an email to customer care with your intent of cancellation. There is no cancellation Fees required.
  33. All of your Content will be deleted from the Service upon cancellation. We shall have no obligation to maintain or provide any of your Data and shall thereafter, unless legally prohibited, delete all of your data in Our systems or otherwise in Our possession or under Our control.
  34. There will be no refund if you cancel at any time after activating it.
  35. SPN may at any time and for any reason terminate the Services, terminate this Agreement, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account.
  36. SPN does not accept any liability of loss of Content by downgrading your Service.
    37. Intellectual Property Rights
  37. SPN authorizes the User to view and access the content available on or from the Electronic Medium solely for ordering, receiving, delivering and communicating only as per this Agreement. The contents of the Electronic Medium, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Website (collectively, "SPN Content"), are the property of SPN and are protected under copyright, trademark and other laws. User shall not modify the SPN Content or reproduce, display, publicly perform, distribute, or otherwise use the SPN Content in any way for any public or commercial purpose or for personal gain.
  38. You agree that SPN owns all rights to the code, databases, visual-design and layout, including all files and images contained in or generated by the software, and accompanying data, of the Service.
  39. SPN claims no intellectual property rights over the details/data you provide to the Service. Your account and details/data uploaded remain only yours.
  40. You would not use any robot, spider, other automated device, or manual process to monitor or copy any Content from the Service.
  41. You would not resell, duplicate or reproduce or exploit, nor decompile, reverse-engineer, disassemble, or otherwise convert any part of the Service without the written consent permission of SPN.
  42. You would not duplicate, copy, or reuse any portion of the visual design or layout of the Service without the written consent permission of SPN.
  43. You would not transmit any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component to the Services.
  44. You would not remove any copyright, trademark, or other proprietary rights notices contained in the Services.
  45. You would not frame or “mirror” any part of the Services without Our prior written consent.
  46. You would not harvest or collect information about Website visitors or members without their and Our express written consent.
  47. By submitting any Content, You agree to grant us a world-wide, royalty-free, perpetual, irrevocable, non-exclusive license to use, distribute, reproduce, modify, adapt, create derivative works from, and publicly perform or display such Content, subject to the terms of our Privacy Policy. This license shall remain in effect until we delete the Content from our systems.
  48. You may not access the Services if you are Our competitor (whether directly or indirectly), except with Our prior written consent. In addition, you may not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
  49. While we welcome Your feedback, ideas, and suggestions, it is important to be aware of the following restrictions. If You send us feedback, ideas, or suggestions (collectively, “unsolicited ideas”), You agree that: (1) Your unsolicited ideas become the property of SPN and You are not owed any compensation in exchange; (2) none of the unsolicited ideas contain confidential or proprietary information of any third party; (3) SPN may use or redistribute unsolicited ideas for any purpose and in any way; (4) there is no obligation for SPN to review Your unsolicited ideas; (5) SPN has no obligation to keep any unsolicited ideas confidential; and (6) SPN will have the right to reproduce, modify, publish, edit, translate, distribute, perform and display the unsolicited ideas alone or as part of other works in any form, media, or technology whether now known or hereafter developed. If for some reason, any part of the foregoing statement does not work as a matter of law, then for any unsolicited ideas which You supply to us, from whatever source (via email, the Websites or otherwise), You grant us a royalty free, perpetual, irrevocable, non-exclusive right to use, copy, modify, adapt, translate, publish, distribute world-wide any such material, and the ability to sublicense such rights through multiple tiers of sub licensees.
    50. Warranties and Liability
  50. SPN does not warrant that the Service will meet your requirements or expectations and cannot assure you of accessibility or availability of the Services at all times but would strive for an uptime of 99.99%.
  51. SPN shall use commercially reasonable efforts to make the Services available 24 hours a day, 7 days a week, except for :
    • planned downtime (of which We shall give at least 8 hours notice via the Services and which We shall schedule to the extent practicable during the weekend hours from 6:00 p.m. Indian Standard Time (IST) Friday to 6:00 a.m. Indian Standard Time (IST) Monday), or
    • any unavailability caused by circumstances beyond Our reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems (other than those involving Our employees), or Internet service provider failures or delays.
  52. Our Services may be subject to limitations, such as, for example, limits on disk storage space, on the number of calls/SMS you are permitted to make against our application programming interface, and, other limitations dependent on the User Plan, for example, number of SMS, number of users or accounts. Any such limitations are specified in the User Plans.
  53. You expressly understand and agree that SPN shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if SPN has been advised of the possibility of such damages), resulting from your usage of the Service.
    54. Limitation of Liability
  54. IN NO EVENT SHALL SPN BE LIABLE TO YOU, ANY OTHER USER OF THESE ELECTRONIC MEDIUM OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF THE SERVICES OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
  55. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. FURTHER, NOTHING IN THESE TERMS OF SERVICE SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR FRAUD, DEATH OR PERSONAL INJURY CAUSED BY OUR BREACH OF DUTY.
  56. THE ABOVEMENTIONED LIMITATIONS ON SPN’S LIABILITY APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE. YOU SPECIFICALLY ACKNOWLEDGE THAT SPN IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY ON YOU.
  57. By using our Services, You agree to indemnify, hold harmless and defend SPN, its subsidiaries, any holding companies of SPN and its officers, directors, employees and agents from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys’ fees, resulting directly or indirectly from a claim by a third party that arises in connection with Your use of our Services.
  58. While SPN makes every feasible effort to ensure a confirmed appointment for a User who requested an appointment on the Electronic Medium, SPN does not guarantee that it will get a confirmed appointment. Further, SPN has no liability if such appointment is confirmed but later cancelled by the medical practitioners, or the medical practitioners are not available as per the given appointment time.
  59. While SPN makes every feasible effort to ensure that the doctors / medical practitioner for whom an appointment has been requested on the Electronic Medium, provide appropriate and adequate consultancy and counseling. SPN does not guarantee nor will SPN be liable for any failure, lack, and inadequacy on part of any doctor / medical practitioner in providing appropriate and adequate consultancy and / or counseling.
  60. While SPN makes every feasible effort to ensure that the doctors / medical practitioner for whom an appointment has been requested on the Electronic Medium, provide timely Services and the Services so offered are in conformity with the payments made by the Users. SPN does not guarantee nor will SPN be liable for any delay or discrepancy on part of any doctor / medical practitioner in providing timely and adequate consultancy and / or counseling.
  61. While SPN makes every feasible effort to ensure that the pharmaceutical companies deliver the medicines and drugs as per the order and request placed by YOU on the Electronic Medium. However, SPN shall not be responsible or liable for any failure on part of any pharmaceutical company to the deliver the medicine / drug timely or as may be ordered / requested by YOU.
    62. General Conditions
  62. Your use of the Service is at your sole risk. You acknowledge, understand and agree that SPN provides the Service to you “As Is” and “As Available” without warranty or condition of any kind, either express or implied, including, but not limited to, the implied warranties of availability, accuracy, reliability, timeliness, security completeness or non-infringement.
  63. You understand that SPN uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run and manage the Service.
  64. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated, linked to, or partnered with the Service or SPN.
  65. Verbal, physical, written or other abuse of any SPN customer, employee, member, or officer will result in immediate account termination and legal action.
  66. You must not upload, post, or transmit unsolicited email or “spam” messages or otherwise any material that is illegal, pornographic, abusive or obscene.
  67. You agree to defend, indemnify, and hold harmless SPN its officers, directors, employees and its agents from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, made by any third party due to or resulting from your use of the Service or your violation of this Terms of Service.
  68. SPN respects the privacy of its users. Please read our Privacy Statement at SPN Privacy Policy which forms part of these Terms.
  69. You agree to receive administrative and legal notices about the Service electronically via email or snail mail.
  70. SPN may at its sole discretion send you a hard copy of this agreement to get an official, authorised signature.
  71. The failure of SPN to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Use constitutes the entire agreement between you and SPN and govern your use of the Service, superseding any prior agreements between you and SPN (including, but not limited to, any prior versions of the Terms of Use).
  72. If you have any questions regarding this Terms of Use or if you wish to discuss the terms and conditions contained herein please contact SPN at: cuatomercare@shresthpn.com
  73. These Terms of Service and any End User License Agreement that may apply shall be governed, construed, interpreted and given effect to according to the laws of India and the parties shall submit to the exclusive jurisdiction of the Courts in Mumbai.
  74. If any part of these Terms of Service is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
  75. Neither these Terms of Service nor the licenses granted herein are transferable by You without the prior written consent of SPN, which may be granted or withheld in SPN’s sole discretion. These Terms of Service shall inure to the benefit of the parties and their successors and permitted assigns.
  76. These Terms of Service along with the Privacy Policy constitute the entire agreement between the parties relating to the subject matter herein and therein. We may, at our sole discretion and without notice, revise these terms at any time by updating this posting.
  77. No representation, undertaking or promise shall be taken to have been given or be implied from anything said or written in negotiations between the parties prior to acceptance by You of these Terms of Service, except as expressly stated in these Terms of Service.
  78. Without prejudice to any provision contained herein, SPN shall not be liable for any loss, damage or penalty as a result of any delay in or failure to deliver the Services due to any cause beyond SPN’s control, including and without limitation, acts committed by You, embargo or other governmental act, regulation or request affecting the conduct of SPN’s business, fire, explosion, accident, theft, vandalism, riot, acts of war, strikes or other labor difficulties, lightning, flood, windstorm or other acts of god.

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