These terms and conditions are effective immediately for those registering accounts after that date and will become effective April 27th, 2016. These terms and conditions (the "Terms") govern your access to and use of SnapRx’s mobile applications that link to or reference these Terms ("Site"). By accessing or using the Site, you are agreeing to these Terms and concluding a legally binding contract with SnapRx., a Nagpur corporation headquartered in Maharashtra, India ("SnapRx"). Do not access or use the Site if you are unwilling or unable to be bound by the Terms and further abide by the Laws prevailing in the Country relating to Sale and Purchase of Drugs (Medicines)
"You" and "your" refer to you i.e. the end user (purchaser) as well as the registered Pharamacist who has agreed to supply the Drugs (Medicines), to the user of the Site. A "user" is someone who accesses, browses, crawls, scrapes, or in any way uses the Site from your IP/user name and password and receives the information regarding the enquiries and agrees to supply the goods. "We, "us," and "our" refer to SnapRx.
"Content" means text, images, photos, audio, video, location data, and all other forms of data or communication. "Your Content" means Content that you submit or transmit to, through, or in connection with the Site, such as pictures, reviews, requests, scanned images, check-ins, messages, and information that you publicly display or displayed in your account profile. "SnapRx Content" means Content that we create and make available in connection with the Site. "Site Content" means all of the Content that is made available in connection with the Site, including Your Content, User Content, Third Party Content, and SnapRx Content.
You understand and agree that your access to or use of the Site is governed by the Terms effective at the time of your access to or use of the Site. Any such modification will be effective upon our posting of new Terms. You understand and agree that your continued access to or use of the Site after the effective date of modifications to the Terms indicates your acceptance of the modifications.
We may translate these Terms into other languages for your convenience. Nevertheless, the English version governs your relationship with SnapRx, and any inconsistencies among the different versions will be resolved in favor of the English version.
To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms and you possess the requisite documents and license to deal with the products and services provided by us. You may not access or use the Site if you are a competitor of ours or if we have previously banned you from the Site or closed your account.
We grant you permission to use the Site subject to the restrictions in these Terms. Your use of the Site is at your own risk and subject to complying the various laws in force including that of Drugs and Cosmetics Act, Drugs Control Act, Drugs Price Control Order, and the Rules framed thereunder or any other law in force in the country and the State of Maharashtra , including the risk that you might be exposed to Content that is inaccurate, objectionable, or otherwise inappropriate.
The Site may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
You must create a Pharmacy account/individual user accout and provide certain information about your business in order to use the registered Pharmacy features that are offered through the Site. You may also seek certain information regarding the availability of the medicine/pharma products required at your end upon a valid prescription having authority to purchased the Drug. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.
Your Pharmacy account is for your commercial use only. In creating it, we ask that you provide complete and accurate information about business to bolster your credibility as a Pharmacist to the Site. You may not impersonate someone else (e.g., adopt the identity of a celebrity or your next-door Pharmacist), create or use an account for anyone other than business, provide an email address other than your own or your business, or create multiple accounts. Please do not register your business using a pseudonym, as our Site will not recognize your Pharmacy business. Please do not register yourself if you are prohibited or restrained by any order or do not possess the requisite licenses to trade in Pharmacy Products and or any other products that may be listed on the site.
By creating a Pharmacy account, you agree to receive certain communications in connection with the Site. For example, you might receive prescription photos, scanned documents; messages or feedback requests from potential Pharmacy Consumer Users.
You alone are responsible for Your Pharmacy Content Accuracy that you provide. You assume all risks associated with Your Content, including Pharmacy Consumer Users reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Pharmacy Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Pharmacy Content as described herein. You may not imply that Your Pharmacy Content is in any way sponsored or endorsed by SnapRx.
You may expose yourself to liability if, for example, Your Pharmacy Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
As between you and SnapRx only acts as a facilitator and you own Your Pharmacy Content Information that you provideas a supplier. Likewise as a purchaser you own the responsibility of having the requisite permissions/prescription to purchase the drug (Medicine) for lawful use as permissible in law We own the SnapRx Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, our compilation of Pharmacy Consumer User Content and other Site Content, computer code, product details (excluding physical custody of any of the Drugs/Medicines), software, aggregate user review ratings, and all other elements and components of the Site excluding Your Pharmacy Content Information, Pharmacy Consumer User Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world ("IP Rights") associated with the SnapRx Content and the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the SnapRx Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Site and the SnapRx Content are retained by us.
User Content (including any that may have been created by users employed or contracted by SnapRx) does not necessarily reflect the opinion of SnapRx. We reserve the right to remove, screen, edit, or reinstate User Content from time to time at our sole discretion for any reason or no reason, and without notice to you. We have no obligation to retain or provide you with copies of Your Pharmacy Content Information, nor do we guarantee any confidentiality with respect to Your Pharmacy Content.
We are under no obligation to enforce the Terms on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms, we reserve the right to investigate and take appropriate action at our sole discretion.
The restrictions above only apply to the extent permissible under applicable law. Nevertheless, you agree not to act contrary to them.
By sending us any ideas, suggestions, documents or proposals ("Feedback"), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against SnapRx and its users any claims and assertions of any moral rights contained in such Feedback.
SnapRx does not guarantee or warranty the quality of the Goods. SnapRx trusts that the Pharmacy Owner ensure to supply the Medicine/Drugs/Goods mentioned in the prescription to the Customer and understands the requirement of the Customer.
In the event of any dispute, SnapRx does not be responsible for any act of the Pharamcy Vendor for supply of spurious goods and/or sub-standard goods and in any such eventuality the liability to indemnity and compensate shall be that of the supplier/Pharmacy Owner. SnapRx does not owe any responsibility to the Customer/end user for any consequences that may arise out of the transaction on SnapRx as it is only a facilitator.
The End User/Purchaser shall not add SnapRx as a party to any of the proceedings that may arise out of the services provided on the site as they are intended to be free of cost for the Customer/end user and in any such eventuality the Purchaser/.End User doing so, shall compensate SnapRx and bear all the costs of expenses and litigation that may be incurred by them in good faith.
You agree to indemnify, defend, and hold SnapRx, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them (collectively, the "SnapRx Entities") harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (i) your access to or use of the Site, (ii) your violation of the Terms, (iii) any products or services purchased or obtained by you in connection with the Site, or (iv) the infringement by you, or any third party using your Pharmacy account, of any intellectual property or other right of any person or entity. SnapRx reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of SnapRx. SnapRx will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE SNAPRX ENTITIES TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. IF YOU ARE UNSURE ABOUT THIS OR ANY OTHER SECTION OF THESE TERMS, PLEASE CONSULT WITH A LEGAL PROFESSIONAL PRIOR TO ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.
Indian law will govern these Terms, as well as any claim, cause of action or dispute that might arise between you and SnapRx (a "Claim"), without regard to conflict of law provisions. FOR ANY CLAIM BROUGHT BY EITHER PARTY, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION AT NAGPUR ONLY.
That all disputes arising out of the transactions on this site shall be subject to the Laws of the Country (India) and shall be settled only at Nagpur (Maharashtra). The territorial and pecuniary jurisdiction of all other Courts including Consumer Forums is ousted. In the event of any such dispute, the same shall be referred to the Arbitrator to be appointed by SnapRx and the decision of theArbitrator shall be final and binding on both the Parties. The language of Arbitration shall be English and the cost shall be borne by the disputing party only.