In terms of Information Technology Act, 2000,this document is an electronic record. Being generated by a computer system it does not require any physical or digital signatures.
1.1.The online portal [www.biomall.in] (hereinafter referred to as “the Website”), owned by [Chargen Life Sciences LLP ], having its place of business at [ Mumbai, India ]
1.6. Using the Website shall be taken to mean that You have read and agreed toallof the policies so binding in You and that You are contractingwith the Company and have undertaken binding obligations withthe company. If you do notagree with any of these terms, pleasediscontinue using the site.
TheWebsite is an electronic platform in the form ofan electronicmarketplace and an intermediary that (a) provides a platform forUsers(who are sellers) to advertise, exhibit, make available and offer tosellvarious Products to other Users (who are buyers / customers), and(b) aplatform for such other Users to accept the offer made by thesellers on theWebsite and to make payments to the sellers forpurchase of the Products, and(c) services to facilitate theengagement of buyers and sellers to undertakecommerce on the Website,and (d) such other services as are incidental andancillary thereto.
3. USE OF WEBSITE
3.2. ThisUser Agreement sets out the terms and conditions on which we shallprovidethe Services to the Users through the Website. The Users shallbe deemed tohave read, understood and accepted this Agreement, whichmay be updated ormodified by us from time to time.
3.3. Theuse of the Website is offered to the Users conditioned onacceptancewithout modification of all the terms, conditions andnotices contained in thisAgreement and as may be posted on theWebsite from time to time. This Agreementshall be effective andbinding upon Users' 'acceptance'. For removal of doubts,it isclarified that use of the Website by the Users constitutesanacknowledgement and acceptance by the Users of this Agreement. Ifthe Users donot agree with any part of such terms, conditions andnotices, the Users mustnot use the Website.
3.4. TheCompany at its sole discretion reserves the right not tofacilitateacceptance of any request by the users for listing, displayor offering anyproducts and services through the Website withoutassigning any reason thereof.Any contract to provide any service isnot complete until the entireconsideration towards the service isreceived.
3.7. Youmay not use the Website in any manner that may impair, overburden,damage,disable or otherwise compromise (i) Company’s services; (ii)any other party'suse and enjoyment of company’s services; or (iii)the services and products ofany third parties (including, withoutlimitation, the Device used to providesuch services on the Website).
3.8. Youagree to comply with all local laws and regulations governingthedownloading, viewing of contents and any other laws that willapply to theusage of a Website, without limitation, any usage rulesset forth in the onlineapplication store terms of service.
3.9. Youhereby certify that you are at least 18 years of age.
3.10. You agree toensure the email address provided in your accountregistration is valid at alltimes and will keep your contactinformation accurate and up-to-date. If youprovide any informationthat is untrue, inaccurate, not current or incomplete(or becomesuntrue, inaccurate, not current or incomplete), or Companyhasreasonable grounds to suspect that such information is untrue,inaccurate, notcurrent or incomplete, Company has the right tosuspend or terminate youraccount and refuse any and all current orfuture use of the Website (or anyportion thereof).
3.11. You shall not usethe Services or Materials for any unlawful purposesor to conduct any unlawfulactivity, including, but not limited to,fraud, embezzlement, money launderingor identity theft.
3.12. Persons who are"incompetent to contract" within the meaningof the Indian ContractAct, 1872 including minors, un-dischargedinsolvents etc. are not eligible touse the Website.
4.2. Wereserve the right to temporarily disable or permanently discontinueany andall operations of the Website.
5. USER OBLIGATIONS AND ROLE OF BIOMALL
5.1. Byusing this Website, the User agrees to comply with all of the Termshereof.The right to use the Website is personal to the User and isnot transferable toany other person or entity. The User shall beresponsible for protecting theconfidentiality of their password(s),if any. The User acknowledges that,although the internet is often asecure environment, sometimes there areinterruptions in service orevents that are beyond the control of the Company,and the Companyshall not be responsible for any data lost whiletransmittinginformation on the internet. While it is the Company'sobjective to make theWebsite accessible 24 hours per day, 7 days perweek, the Website may beunavailable from time to time for any reasonincluding, without limitation,routine maintenance. You understand andacknowledge that due to circumstancesboth within and outside of thecontrol of the Company, access to the Websitemay be interrupted,suspended or terminated from time to time. The Companyshall have theright at any time to change or discontinue any aspect or featureofthe Website, including, but not limited to, content, hours ofavailabilityand equipment needed for access or use. Further, theCompany may discontinuedisseminating any portion of information orcategory of information may changeor eliminate any transmissionmethod and may change transmission speeds orother signalcharacteristics.
5.2. TheUser shall be responsible for obtaining and maintaining telephone,computerhardware and other equipment needed for access to and use ofthe Website andall charges related thereto. The Company shall not beliable for any damages tothe User's equipment resulting from the useof the Website.
5.3. Usersshall not have more than one account. Maintaining more than oneaccountby a User shall amount to fraudulent act on part of the userand attractconsequences. The Company owns no responsibility in anymanner over any disputearising out of transactions by any third partyusing your account/e-mailprovided by you to the Company or paymentsmade by your credit card by anythird party.
5.4. TheUser further agrees to accept responsibility for all transactionsmade fromyour account and any dispute arising out of any misuse ofyour account, whetherby any family member, friend, relative, anythird party or otherwise shall notbe entertained by the Company. Youagree to notify Company immediately of anyunauthorized use of youraccount or any other breach of security andunderstands that theCompany reserves the right to refuse service, terminateaccounts, orremove or edit content in its sole discretion.
5.5. Inthe event of detection of any fraudulent or declined transaction,prior toinitiation of legal actions, the Users understands that theCompany reservesthe right to immediately delete such account anddishonor all past and pendingorders without any liability includingthat of refunds.
5.6. Youagree, understand and confirm that the credit card details providedby youfor availing of services from the Company will be correct andaccurate and youshall not use the credit card which is not lawfullyowned by you.
5.7. TheUsers shall not use the website in such a manner as to threaten theunity,integrity, defence, security or sovereignty of India, friendlyrelations withforeign states, or public order or causes incitement tothe commission of anycognizable offence or prevents investigation ofany offence or is insulting anyother nation.
5.8. TheUser shall not disseminate information that is false, inaccurateormisleading and violate any applicable laws or regulations for thetime being inforce in or outside India
5.9. TheUser shall not directly or indirectly, offer, attempt to offer, tradeorattempt to trade in any item, the dealing of which isprohibited orrestricted in any manner under the provisions of anyapplicable law, rule,regulation or guideline for the time being inforce.
5.10. Users agree tocomply with all applicable Domestic laws, rules andregulations (including theprovisions of any applicable ExchangeControl Laws or Regulations in Force) andInternational Laws, ForeignExchange Laws, Statutes, Ordinances and Regulations(including, butnot limited to Sales Tax/ VAT, Income Tax, Service Tax,CentralExcise, Custom Duty, Local Levies) regarding his/her use ofCompany service andhis/her bidding on, listing, purchase,solicitation of offers to purchase, andsale of products or services
5.11There may be certain orders that Biomall isunable to process or passon buyer's order to the seller and must cancel. Somesituations thatmay result in Biomall’s inability to process or pass onbuyer'sorder to the seller include, without limitation, non-availability of theWebsite service, force majeure, credit limitationsor suspected fraud.
5.12In case buyer purchases multiple Products in onetransaction, theSeller(s) may deliver all such Products together. However,this maynot always be possible. If buyer purchases multiple Products inasingle transaction, then all the Products would be dispatched to asingledelivery address provided by buyer at the time of purchase. Ifbuyer wishes toget delivery of the Products to different addresses,then buyer should purchasethe Products under separate transactionsand provide separate deliveryaddresses for each transaction, as maybe required. Buyer agrees that thedelivery of the Products can bemade to the person who is present at theshipping address provided byYou.
5.18In certain cases, where buyer requires certainservices in relation toa Product, such as warranty, after-sales orinstallation services,buyer shall directly contact seller or the manufacturer.However, inthe event, buyer contacts Biomall for the same, Biomall may informtheseller to provide or facilitate the provision of such services tothebuyer. Biomall is not and shall not be obliged to provide any suchadditionalservices. Biomall’s role in relation to facilitating suchservices shall belimited to facilitating communication between buyerand the seller for thepurpose of provision of such additionalservices.
6.1. TheCompany grants you a limited license to access and make personal useof theWebsite and avail the services. This license does not includeany downloadingor copying of account information for the benefit ofanother vendor or anyother third party; caching, unauthorizedhypertext links to the Website and theframing of any contentavailable through the Website uploading, posting, ortransmitting anycontent that you do not have a right to make available (suchas theintellectual property of another party); uploading, posting,ortransmitting any material that contains software viruses or anyother computercode, files or programs designed to interrupt, destroyor limit thefunctionality of any computer software or hardware ortelecommunications equipment;any action that imposes or may impose(in Company's sole discretion) anunreasonable or disproportionatelylarge load on Company's infrastructure; orany use of data mining,robots, or similar data gathering and extraction tools.You may notbypass any measures used by Company to prevent or restrict accesstothe Website. Any unauthorized use by you shall terminate thepermission orlicense granted to you by Company.
Biomallmay have existing arrangements with its banks, regarding limitson theamounts You can pay (if You are a buyer) or receive (if You areaseller) in the course of a single transaction. Biomall will worktowardsensuring that You are made aware of such limits if they may beapplicable toYou. However, Biomall shall be under no liabilitywhatsoever in respect of anyloss or damage arising directly orindirectly out of the decline ofauthorization for any transaction, onaccount of You/cardholder having exceededthe preset limit mutuallyagreed by Biomall with its bank from time to time.
ForYour making payments for buying the Products on the Website,inaddition to the Agreement(s), the terms and conditions of Yourbank, applicablefinancial institution and/or card issuing associationmay also be applicable toYou. Your bank, financial institution orcard issuing association may declineor prevent You from makingelectronic payments for buying the Products onWebsite and Biomalldoes not control the same and shall be liable for the same.
PaymentFacility for Your orders: Biomall may from time to time contractwiththird party payment service providers including banks to open nodalbankaccount under applicable Indian laws, to facilitate the paymentbetween Usersi.e. buyers and sellers and for collection of Biomall'sfees and other charges.These third party payment service providersmay include third party banking orcredit card payment gateways,payment aggregators, pre-paid instruments, cashon delivery or demanddraft / pay order on delivery service providers, mobilepaymentservice providers or through any facility as may be authorized bytheReserve Bank of India for collection, refund and remittance, asthe case may beof payment or supporting the same in any manner.Biomall shall initiate theremittance of the payments made by Your forYour purchase orders on the Websiteafter the Products are deliveredto You and the date of completion oftransaction shall be after theProducts are delivered to You and such otheradditional time as may beagreed between Biomall and sellers.
8.1. Withrespect to such materials you submit or make available for inclusiononthe Website, you grant Company a perpetual, irrevocable,non-terminable, worldwide,royalty-free and non-exclusive license touse, copy, distribute, publiclydisplay, modify, create derivativeworks, and sublicense such materials or anypart of such materials.You hereby represent, warrant and covenant that anymaterials youprovide do not include anything (including, but not limited to,text,images, music or video) to which you do not have the full right tograntthe license specified.
DISCLAIMEROF WARRANTIES/LIMITATION OF LIABILITY
9. Disclaimerof Warranty:
ALLCONTENT, PRODUCTS, AND SERVICES ON THE WEBSITE, OROBTAINED FROM AWEBSITE TO WHICH THE WEBSITE IS LINKED (A "LINKEDWEBSITE")ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANYKINDEITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THEIMPLIEDWARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULARPURPOSE, TITLE,NON-INFRINGEMENT, SECURITY OR ACCURACY. ALLWARRANTIES, IF ANY, RELATING TO THEPRODUCT AND SERVICES WOULD BEPROVIDED BY THE MANUFACTURER/SUPPLIER OF SUCHPRODUCT AND NOT BYCOMPANY. ANY CLAIM IN RELATION TO THE SAME SHOULD BE RAISEDAGAINSTRESPECTIVE MANUFACTURER/SUPPLIER. IN ANY CASE WHATSOEVER, THECOMPANYDOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR (A) THE ACCURACYOR RELIABILITY OFANY OPINION, ADVICE OR STATEMENT MADE THROUGH THEWEBSITE BY ANY PARTY OTHERTHAN US, (B) ANY CONTENT PROVIDED ON LINKEDWEBSITES OR (C) THE CAPABILITIES ORRELIABILITY OF ANY PRODUCT ORSERVICE OBTAINED FROM A LINKED WEBSITE. OTHERTHAN AS REQUIRED UNDERAPPLICABLE CONSUMER PROTECTION LAW, UNDER NOCIRCUMSTANCE WILL WE BELIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER'SRELIANCE ONINFORMATION OBTAINED THROUGH THE WEBSITE OR A LINKED WEBSITE,ORUSER'S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A LINKEDWEBSITE. IT ISTHE RESPONSIBILITY OF THE USER TO EVALUATE THEACCURACY, COMPLETENESS ORUSEFULNESS OF ANY OPINION, ADVICE OR OTHERCONTENT AVAILABLE THROUGH THEWEBSITE, OR OBTAINED FROM A LINKEDWEBSITE. PLEASE SEEK THE ADVICE OFPROFESSIONALS, AS APPROPRIATE,REGARDING THE EVALUATION OF ANY SPECIFICOPINION, ADVICE, PRODUCT,SERVICE, OR OTHER CONTENT.
9.1. Itis understood by the User, that Pictures of the Products shown aremerelyindicative and are not an identical representation of theactual product. Incase any defect, which is not mentioned in theoffer description, whichdrastically reduces or nullifies theproduct's value or serviceability for thedesignated purpose, comesinto the notice of the User, he/she must advise theSupplier of thisdefect within [ 7 ] days of product delivery in order to requestforrectification at the Supplier's expense. The same applies in casetheproduct lacks a characteristic stated or does not contain thefeatures as havebeen detailed in the offer description by theSupplier. The above clause in noway restricts further warranty orguarantee rights.
9.2. Biomall.incommunicates information provided and created by advertisers,contentpartners, software developers, publishers, marketing agents,employees,users, resellers and other third parties. While everyattempt has been made toascertain the authenticity of the content onthe Website Biomall.in has nocontrol over content, the accuracy ofsuch content, integrity or quality ofsuch content and the informationon our pages, and material on the Website mayinclude technicalinaccuracies or typographical errors, and we make noguarantees, norcan we be responsible for any such information, includingitsauthenticity, currency, content, quality, copyright compliance orlegality, orany other intellectual property rights compliance, or anyresulting loss ordamage. Further, we are not liable for any kind ofdamages, losses or actionarising directly or indirectly due to anycontent, including any errors oromissions in any content, accessand/or use of the content on the Website orany of them including butnot limited to content based decisions resulting inloss of data,revenue, profits, property, infection by viruses etc.
10. Limitationof Liability:
YOUEXPRESSLY UNDERSTAND AND AGREE THAT COMPANY ANDITS SUBSIDIARIES,AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS ANDLICENSORS SHALLNOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL,SPECIAL,CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITEDTO,DAMAGES FOR LOSS OF PROFITS, OPPORTUNITY, GOODWILL, USE, DATA OROTHERINTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THEPOSSIBILITY OF SUCHDAMAGES), RESULTING FROM USE OF THE WEBSITE, SALEAND SUPPLY OF GOODS CONTENTOR ANY RELATED/UNRELATED SERVICES ANDOTHER SERVICES OFFERED ON THE WEBWEBSITEFROM TIME TO TIME. IF FOR ANYREASON, LAW DOES NOT PERMIT EXCLUSIONS OFLIABILITY THEN, THELIABILITY OF THE COMPANY SHALL BE LIMITED TO SUCH AMOUNTPAID BY THEUSER AND RETAINED BY THE COMPANY FOR THE TRANSACTION IN QUESTION.
10.1. All commercial/contractualterms are offered by and agreed to betweenthe Supplier and the User alone. Thecommercial/contractual termsinclude without limitation price, shipping costs,payment methods,payment terms, date, period and mode of delivery, warrantiesrelatedto products and after sales services related to products. TheCompanydoes not have any control, or determines, or advises or in anyway involvesitself in the offering or acceptance of suchcommercial/contractual termsbetween the User and the Supplier. TheCompany shall not and is notrequired to mediate or resolve anydispute or disagreement between the Supplierand the User as it is afacilitator for the services at the Website and actsonly as an onlineplatform. All the services offered to, through or via theWebsite areprovided on "as is" basis without any representationorwarranty of any kind from the Company, either express or implied,includingwithout limitation any representation or warranty foraccuracy, continuity,uninterrupted access, timeliness, quality,performance for any particularpurpose or completeness. The Companyits associates, affiliates and serviceproviders and technologypartners make no representations or warranties aboutthe accuracy,reliability, completeness, and/or timeliness of anycontent,information, software, text, graphics, links orcommunications provided on orthrough the use of the Website or thatthe operation of the Website will beerror free and/or uninterrupted.
10.2. The Companyassumes no liability whatsoever for any monetary or otherdamage suffered byUser on account of:
The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website
Any interruption or errors in the operation of the Website.
10.3. Users expresslyunderstand and agree that Company shall not be liablefor any direct, indirect,incidental, special, consequential orexemplary damages, including but notlimited to, damages for loss ofprofits, goodwill, use, data or otherintangible losses (even ifCompany has been advised of the possibility of suchdamages). Companyshall not at any point of time during any transaction betweenthe Userand the Supplier on Website come into or take possession of any oftheproducts or services offered on the Website nor shall it at anypoint gaintitle to or have any rights or claims over the products orservices offered bythe Supplier to the User.
10.4. At no time shallany right, title or interest over the products vestwith Company nor shallCompany have any obligations or liabilities inrespect of such contract.Company is not responsible forunsatisfactory or delayed performance ofservices or damages or delaysas a result of products which are out of stock,back ordered orotherwise unavailable. All products are offered by Supplier areonlyfor a restricted time and only for the available supply as offeredbySupplier. Company is not liable for temporary unavailability of theWebsite,the failure of individual or all Website functions, orincorrect functioning ofthe Website. Company is particularly notliable for technical problems whichcause offers or bids to beaccepted or processed late or incorrectly, or not atall. Companyparticularly does not guarantee that the system time clock willmatchan officially set time.
11.LINKS TO THIRD PARTY WEBSITES
11.1. Users understandand agree that Company and the Website merelyprovide hosting services to itsSuppliers. All items advertised /listed and the contents therein are advertisedand listed by Suppliersand are third party user generated contents. Companyneitheroriginates nor initiates the transmission nor selects the senderandreceiver of the transmission nor selects or modifies theinformation containedin the transmission. Company has no control overthe third party user generatedcontents The Website may contain linksto other websites ("LinkedWebsites"). The Linked Websitesare not under the control of Company orthe Website and Company is notresponsible for the contents of any LinkedWebsite, including withoutlimitation any link contained in a Linked Website,or any changes orupdates to a Linked Website. Company is not responsible forany formof transmission, whatsoever, received by the Users from any LinkedWebsite.Company is providing these links to the Users only asconvenience, and theinclusion of any link does not imply endorsementby Company or the Website ofthe Linked Websites or any associationwith its operators or owners includingthe legal heirs or assignsthereof. Company is not responsible for any errors,omissions orrepresentations on any Linked Website. Company does not endorseanyadvertiser on any Linked Website in any manner. The Users arerequested toverify the accuracy of all information on their ownbefore undertaking anyreliance on such information.
12.USE OF COMMUNICATION SERVICES
12.1.When you use theWebsite or send emails to Company, you arecommunicating with Companyelectronically. You consent to receivecommunications from Companyelectronically. Company will communicatewith you by email, SMS or by postingnotices on the Website. You agreethat all agreements, notices, disclosures andother communicationsthat we provide to you electronically satisfy any legalrequirementthat such communications be in writing.
12.2.The Website maycontain services such as email, chat, bulletin boardservices, informationrelated to various news groups, forums,communities, personal web pages,calendars, and/or other message(hereinafter collectively referred to as"CommunicationServices"). The Users agree and undertake to usetheCommunication Services only to post, send / receive messages andmaterial thatare proper and related to the particular CommunicationService. By way of example,and not as a limitation, the Users agreeand undertake that when using aCommunication Service, the Users willnot:
defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
publish, post, upload, distribute or disseminate any inappropriate, pornographic, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
upload files that contain software or other material protected by intellectual property laws unless the Users own or control the rights thereto or have received all necessary consents;
upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer;
advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages;
conduct or forward surveys, contests, pyramid schemes or chain letters;
download any file posted by another user of a Communication Service that the Users know, or reasonably should know, cannot be legally distributed in such manner;
falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
violate any code of conduct or other guidelines, which may be applicable for or to any particular Communication Service;
12.3.Company has noobligation to monitor the Communication Services.However, Company reserves theright to review materials posted throughCommunication Service and to removeany materials in its solediscretion. Company reserves the right to terminatethe Users' accessto any or all of the Communication Services at any timewithout noticefor any reason whatsoever. Company reserves the right at alltimes todisclose any information as is necessary to satisfy or comply withanyapplicable law, regulation, legal process or governmental request,or to edit,refuse to post or to remove any information or materials,in whole or in part,in Company's sole discretion. Company does notcontrol or endorse the content,messages or information found in anycommunication service and, therefore,Company specifically disclaimsany liability or responsibility whatsoever withregard to thecommunication services and any actions resulting from theUsers'participation in any communication service. Materials uploadedto aCommunication Service may be subject to posted limitations onusage, reproductionand/or dissemination. Users are responsible forkeeping themselves updated ofand adhering to such limitations if theydownload the materials.
13.1.Company reservesthe right, in its sole discretion, to terminateaccess to the Website and therelated services or any portion thereofat any time, without any prior notice.The Users agree that Companymay under certain circumstances and without priornotice, immediatelyterminate the Users' user id and access to theWebsite/Services.Causes for termination may include, but shall not belimited to, breach by theUsers of this Agreement or the PrivacyPolicy, Buying and selling forbiddenproducts, requests by enforcementor government agencies, requests by theUsers, non-payment of feesowed by the User in connection with the Services asspecified. ThisAgreement may be terminated by the User only through a writtennoticeto Company or by sending an email to [firstname.lastname@example.org]
13.2.Should the Userobject to any terms and conditions of this Agreement,or become dissatisfiedwith the Service in any way, the User's onlyrecourse is to immediately:
a.discontinue use of the Website/Service;
b. notify Company of such discontinuance.
13.3.Upon terminationof the Service, User's right to use theWebsite/Services shall immediatelycease. The User shall have no rightand Company shall have no obligationthereafter to execute any of theUser's uncompleted tasks or forward any unreador unsent messages tothe User or any third party. Once the User's registrationor theServices are terminated, cancelled or suspended, any data that theUserhas stored on the Website may not be retrieved later and the Usershall have noright over the same.
13.4.The Users shall beresponsible for accessing the Services and thataccess may involve third partyfees including, airtime charges orinternet service provider's charges whichare to be exclusively borneby the Users. The Users also understands that theServices may includecertain communications from Company as serviceannouncements andadministrative messages.
14.1.Registration ofthe Users on the Website is optional. Only limitedaccess to the Website isavailable to non-registered Users.Non-registered Users may not be permitted toavail the Services on theWebsite. In order to obtain increased access to theWebsite and toavail the Services the Users are required to register on theWebsiteas a registered User. If the Users opt to register himself/herselfonthe Website, upon completion of the registration process, the Usersshallreceive a user id and password. If you use the Website asRegistered User, youare responsible for maintaining theconfidentiality of your User ID andPassword. You are responsible formaintaining the confidentiality of yourpersonal and non-personalinformation and for restricting access to yourcomputer, computersystem and computer network, and you are responsible forallactivities that occur under your User ID and Password , email idand cellnumber as the case may be. If you register on behalf of abusiness entity, you represent that businessentity and (a) you havethe authority to bind the entity to terms and conditionof use and/orthis Agreement; (b) the address you use when registering istheprincipal place of business of such business entity; and (c) allotherinformation submitted to Biomall during the registration processis true,accurate, current and complete. The Users also agree to: (a)provide true,accurate and complete information about himself/herselfand his/herbeneficiaries as prompted by the registration form("RegistrationData") on the Website; and (b) maintain andpromptly update theRegistration Data to keep it true, accurate,current and complete. If the Userprovides any information that isuntrue, inaccurate, not current or incompleteor Company hasreasonable grounds to suspect that such information isuntrue,inaccurate, not current or incomplete, Company has the rightto suspend orterminate the Users' registration and refuse any and allcurrent or future useof the Website and/or any Service. Furthermore,the Users grant Company theright to disclose to third partiesRegistration Data to the extent necessaryfor the purpose of carryingout the Services
15.WEBSITE-PROVIDED EMAIL AND POSTINGS
15.1.The Website mayprovide users with the ability to send email messagesto other users and topost messages on the Website. Company is underno obligation to review anymessages; information or content("Postings") posted on the Websiteby users and assumes noresponsibility or liability relating to any suchPostings.Notwithstanding the above, Company May from time to time monitorthePOSTINGS on the Website and may decline to accept and/or removeany email orPostings. You understand and agree not to use anyfunctionality provided by theWebsite to post content or initiatecommunications that contain:(i) Anyunlawful, harmful, threatening,abusive, harassing, defamatory, vulgar,obscene, profane, hateful,racially, ethnically or otherwise objectionablematerial of any kind,including, but not limited to, any material whichencourages conductthat would constitute a criminal offense, give rise to civilliabilityor otherwise violate any applicable local, state, nationalorinternational law. (ii) Advertisements or solicitations of anykind. (iii)Impersonate others or provide any kind of falseinformation. (iv)Personalinformation such as messages which statephone numbers, account numbers, addresses,or employer references. (v)Messages by non-spokesperson employees of Companypurporting to speakon behalf of Company or containing confidential informationorexpressing opinions concerning Company. (vi)Messages that offerunauthorizeddownloads of any copyrighted or private information.(vii) Multiple messagesplaced within individual folders by the sameuser restating the same point.(vii) Chain letters of any kind. (viii)Identical (or substantially similar)messages to multiple recipientsadvertising any product or service, expressinga political or othersimilar message, or any other type of unsolicitedcommercial message.This prohibition includes but is not limited to a) UsingCompanyinvitations to send messages to people who don't know you or whoareunlikely to recognize you as a known contact; b) Using the Websiteto connectto people who don't know you and then sending unsolicitedpromotional messagesto those direct connections without theirpermission; and c) Sending messagesto distribution lists, newsgroupaliases, or group aliases.
16.1.The trademarks,logos and service marks ("Marks") displayedon the Website are theproperty of Company and other respectivepersons. Users are prohibited fromusing any Marks for any purposeincluding, but not limited to use as metatagson other pages orWebsites on the World Wide Web without the written permissionofCompany or such third party which may own the Marks. All informationandcontent including any software programs available on or throughthe Website("content") is protected by copyright. Users areprohibited frommodifying, copying, distributing, transmitting,displaying, publishing,selling, licensing, creating derivative worksor using any content available onor through the Website forcommercial or public purposes. The Website containcopyrightedmaterial, trademarks and other proprietary information, including,butnot limited to, text, software, photos, video, graphics, music,sound, andthe entire contents of the Company protected by copyrightas a collective workunder the applicable copyright laws. The Companyowns a copyright in theselection, coordination, arrangement andenhancement of such content, as wellas in the content original to it.Users may not modify, publish, transmit,participate in the transferor sale, create derivative works, or in any wayexploit, any of thecontent, in whole or in part. Users may download / print /savecopyrighted material for the User's personal use only. Except asotherwiseexpressly stated under copyright law, no copying,redistribution,retransmission, publication or commercial exploitationof downloaded materialwithout the express permission of the Companyand the copyright owner ispermitted. If copying, redistribution orpublication of copyrighted material ispermitted, no changes in ordeletion of author attribution, trademark legend orcopyright noticeshall be made. The User acknowledges that he/she/it does notacquireany ownership rights by downloading copyrighted material.Trademarksthat are located within or on the Website or a Websiteotherwise owned oroperated in conjunction with the Company shall notbe deemed to be in thepublic domain but rather the exclusive propertyof the Company, unless suchWebsite is under license from thetrademark owner thereof in which case suchlicense is for theexclusive benefit and use of the Company, unless otherwisestated.
17.1.You herebyacknowledge that [Chargen Life Sciences LLP] owns allrights, titles andinterest in and to the Website and to any and allproprietary and confidentialinformation contained therein("Information"). The Website andInformation are protectedby applicable intellectual property and other laws,including patentlaw, copyright law, trade secret law, trademark law,unfaircompetition law, and any and all other proprietary rights, andany and allapplications, renewals, extensions and restorationsthereof, now or hereafterin force and effect worldwide.
17.2.All text,graphics, user interfaces, visual interfaces,photographs,trademarks, logos, sounds, music and artwork(collectively,"Content"). This Content is protected byapplicable intellectualproperty rights and is the property of theCompany, its third party licensorsand partners (as applicable), andother entities that provide such content tothe Company. You may not(or enable others to) copy, distribute, display,modify, or otherwiseuse the Content except as it is provided to you throughtheApplication hereunder. The Company and its licensors makenorepresentations or warranties regarding the accuracy orcompleteness of theContent.
17.3.Other than whenprovided for, the use of such content and it beingreproduced, republished,uploaded, posted, publicly displayed,encoded, translated, transmitted ordistributed in any way (including"mirroring") to any other computer,server, or other mediumfor publication or distribution or for any commercialenterprise,without our express prior written consent is not allowed.
18.1.All information,content, services and software displayed on,transmitted through, or used inconnection with the Website, includingfor example news articles, reviews,directories, guides, text,photographs, images, illustrations, audio clips,video, html, sourceand object code, trademarks, logos, and the like(collectively, the"Content"), as well as its selection andarrangement, isowned by us, and its affiliated companies, licensors andsuppliers.You may use the Content online only, and solely for yourpersonal,non-commercial use, and you may download or print a singlecopy of any portionof the Content solely for your personal,non-commercial use, provided you donot remove any trademark,copyright or other notice from such Content.
18.2.You may not,republish any portion of the Content on any Internet,Intranet or extranetWebsite or incorporate the Content in anydatabase, compilation, archive orcache. You may not distribute anyContent to others, whether or not for paymentor other consideration,and you may not modify, copy, frame, cache, reproduce,sell, publish,transmit, display or otherwise use any portion of the Content.You maynot scrape or otherwise copy our Content without permission. Youagree notto decompile, reverse engineer or disassemble any softwareor other products orprocesses accessible through the Application, notto insert any code or productor manipulate the content of the Websitein any way that affects the user'sexperience, and not to use any datamining, data gathering or extractionmethod.
19.CONSEQUENCE OF BREACH
19.1.You acknowledgethat a violation or attempted violation of any part ofthis Agreement willcause such damage to the company as will beirreparable, the exact amount ofwhich would be impossible toascertain and for which there will be no adequateremedy at law.
19.2.In no event shallyou be entitled to rescission, injunctive or otherequitable relief, or toenjoin or restrain the operation of[www.biomall.in], the exploitation of anyadvertising or othermaterials issued in connection therewith, or theexploitation of theWebsite or any content used or displayed through theWebsite.
19.3.Without prejudiceto the other remedies available to Company underthis agreement or underapplicable law, Company may limit the Usersactivity, or end the Users listing,warn other Users of the Usersactions, immediately temporarily/indefinitelysuspend or terminate theuser's registration, and/or refuse to provide the userwith access tothe Website.
Company is unable to verify or authenticate any information provided by the Users; or
Company believes that the Users actions may infringe on any third party rights or breach any applicable law or otherwise result in any liability for the Users, other users of the Website and/or Company.
BIOMALLis not an expert in your intellectual propertyrights, and we cannotverify that the Suppliers of our online marketplace havethe right tosell the goods and/or services offered by them. BIOMALL is alsonot anarbiter or judge of disputes about intellectual property rights.Bytaking down a listing, as a prudential matter, BIOMALL is notendorsing a claimof infringement. Neither, in those instances inwhich BIOMALL declines to takedown a listing, is BIOMALL determiningthat the listing is not infringing, noris BIOMALL endorsing the saleof goods in such cases. BIOMALL does notrepresent or endorse theaccuracy or reliability of any information, oradvertisements(collectively, the "content") contained on,distributedthrough, or linked, downloaded or accessed from any of theservicescontained on its web site, or the quality of any products,information or othermaterials displayed, or obtained by you as aresult of an advertisement or anyother information or offer in or inconnection with its services. BIOMALL respects theintellectual property rights of others, and we expect ourSuppliersand User(s) to do the same. We believes that the User(s) agreethatthey will not copy, download & reproduce any information,text, images,video clips, directories, files, databases or listingsavailable on or throughthe web site (the "BIOMALL content")for the purpose of re-selling orre-distributing, mass mailing (viaemail, wireless text messages, physical mailor otherwise), operatinga business competing with BIOMALL, or otherwisecommerciallyexploiting the BIOMALL content. Systematic retrieval ofBIOMALLcontent to create or compile, directly or indirectly, acollection,compilation, database or directory (whether throughrobots, spiders, automaticdevices or manual processes) withoutwritten permission from BIOMALL isprohibited.
21.1.Noneof theprovisions of this Agreement, terms and conditions, notices orthe right to usethe Website by the Users contained herein or anyother section or pages of theWebsite and/or the Linked Websites,shall be deemed to constitute a partnershipbetween the Users andCompany and no party shall have any authority to bind orshall bedeemed to be the agent of the other in any way. It may benoted,however, that if by using the Website, the Users authorizeCompany and itsagents to access third party Websites designated bythem or on their behalf forretrieving requested information, theUsers shall be deemed to have appointedCompany and its agents astheir agent for this purpose. Further it is clarifiedthat the use ofor access to the Website or any facilities are not intended tocreatean agency, partnership, joint-venture or employer-employeeorvendor-vendee relationship between the User, Company and/or theWebsite.
22.1We may modify,replace, refuse access to, suspend or discontinue theServices, partially orentirely, or add, change and modify prices forall or part of the Services foryou or for all our users at any timeand in our sole discretion. All ofthese changes shall be effectiveupon their posting on the Website or by directcommunication to youunless otherwise noted. We further reserve the righttowithhold, remove and or discard any content available as part ofyouraccount, with or without notice if deemed by us to be contrary tothisAgreement.
23.1.You agree toindemnify, hold harmless, and defend the Company and itslicensors, suppliers,officers, directors, employees, agents,affiliates, subsidiaries, successorsand assigns (collectively"Indemnified Parties") from and against anyand allliability, loss, claim, damages, expense, or costs (including butnotlimited to attorneys' fees), incurred by or made against theIndemnifiedParties in connection with any claim arising from orrelated to (i) your use(or anyone using your account’s) use of theServices, the Website or theMaterials, (ii) your Content, or (iii)any Commercial Products you offer on orthrough the Website or usingour Services. This includes, but is not limitedto, any breach orviolation of this Agreement by you or anyone utilizing youraccount.You agree to fully cooperate at your expense as reasonablyrequired byan Indemnified Party. Each Indemnified Party may, at itselection,assume the defense and control of any matter for which itisindemnified hereunder. You shall not settle any matterinvolving anIndemnified Party without the consent of the applicableIndemnified Party.
24.1.We reserve theright, in our sole discretion, to modify or replace anypart of this Agreementat any time, effective upon the date of thechange. In the event of any suchchange, we will post a notice on theWebsite that we have changed thisAgreement. You and we bothunderstand that sometimes there are issueswith email communication.We are not responsible if any email notice getscaught by your SPAMfilter and you do not see it, if you have given us thewrong emailaddress (or failed to update your address) or if there areothercommunications issues that prevent email from reaching you.Therefore, weencourage you to frequently visit this page periodicallyto monitor anychanges. Your continued use of or access to theServices following the postingof any changes to this Agreementconstitutes acceptance of thosechanges. We may also, in thefuture, offer new services and/or featuresthrough Website (includingthe release of new tools and resources). For theavoidance of doubt,such new features and/or services shall be subject to theterms andconditions of this Agreement.
25.1.The formation,interpretation and performance of this Agreement andany disputes arising outof it shall be governed by the substantiveand procedural laws of the state ofMaharashtra without regard to itsrules on conflicts or choice of law and, tothe extent applicable, thelaws of India. The exclusive jurisdiction andvenue for actionsrelated to the subject matter hereof shall be the state andfederalcourts located in _Mumbai, India, and you hereby submit to thepersonaljurisdiction of such courts. You hereby waive any right to ajury trial in anyproceeding arising out of or related to thisAgreement. The UnitedNations Convention on Contracts for theInternational Sale of Goods does notapply to this Agreement.
26.1.We encourage youto read the PrivacyPolicy,and to use the information it contains to help youmake informeddecisions. Please also note that certain information, statements,dataand content (such as photographs) which you post to the Website arelikelyto reveal your gender, ethnic origin, nationality, age, and/orother personalinformation about you. You acknowledge and agreethat your submission ofsuch information is voluntary on your part. Further, you acknowledge,consent and agree that we may access,preserve, and disclose your registrationand any other information youprovide if required to do so by law or in a goodfaith belief thatsuch access preservation or disclosure is reasonablynecessary in ouropinion Disclosures of user information to third parties arefurtheraddressed in the PrivacyPolicy.
27.1.This Agreement andthe legal relations between the parties heretoshall be governed by andconstrued in accordance with the laws ofIndia, without reference to itsconflict-of-laws principles. Theparties hereto, their successors and assigns,consent to thejurisdiction of the courts of India with respect to anylegalproceedings related to this Agreement, and waive any objectionto the proprietyor convenience of venue in such courts.
28.1.This Agreement isthe complete and exclusive statement of theagreements between the parties withrespect to the subject matterhereof and supersedes all other communications orrepresentations oragreements (whether oral, written or otherwise) relatingthereto.
29.1.The failure ofeither party at any time to require performance of anyprovision of thisAgreement in no manner shall affect such party'sright at a later time toenforce the same. No waiver by either partyof any breach of this Agreement,whether by conduct or otherwise, inany one or more instances, shall be deemedto be, or construed as, afurther or continuing waiver of any other suchbreach, or a waiver ofany other breach of this Agreement.
30.1.If any provisionof this Agreement shall to any extent be heldinvalid, illegal or unenforceable,the validity, legality andenforceability of the remaining provisions of thisAgreement shall inno way be affected or impaired thereby and each suchprovision of thisAgreement shall be valid and enforceable to the fullestextentpermitted by law. In such case, this Agreement shall be reformed totheminimum extent necessary to correct any invalidity, illegalityorunenforceability, while preserving to the maximum extent the rightsandcommercial expectations of the parties hereto, as expressedherein.
30.2.You agree thatregardless of any statute or law to the contrary, anyclaim or cause of actionarising out of or related to use of theApplication or this Agreement must befiled by you within one (1) yearafter such claim or cause of action arose orbe forever barred. Thesection headings in this Agreement are for convenienceonly and haveno legal or contractual effect.
30.3You cannot assign or otherwise transfer theAgreements, or any rightsgranted hereunder or any obligations, to any third partyand any suchassignment or transfer or purported assignment or transfer shallbevoid ab initio. Biomall's rights and/or obligations under theAgreement arefreely assignable or otherwise transferable by Biomallto any third partieswithout the requirement of seeking Your priorconsent. Biomall may inform Youof such assignment or transfer inaccordance with the notice requirements underthe Agreement. Biomallshall have right to transfer Your Account and AccountInformation to athird party who purchases Biomall's business as conductedunder theWebsite.