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Terms Of Use

1. GENERAL

 

In terms of the Information Technology Act, 2000, this article is an electronic record. Generated by a computer system, the text does not entail any physical or digital signatures.

 

This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries guidelines) Rules, 2011 which require the publication of the rules and regulations, privacy policy and Terms of Use for access or use of:

 

1.1. The online portal [www.biomall.in] (hereinafter referred to as “the Website”), owned by [Chargen Life Sciences LLP], the place of business located at [Mumbai, India]

1.2. These Terms of Use of the website located at the URL, www.biomall.in and mobile application under the name and style "Biomall" (the Website) is between Chargen Life Sciences LLP (hereinafter referred to as "Chargen" or "Biomall" or “Company” or "We" or "Us" or "Our") and the guest users or registered users of the Website (hereinafter referred to as "You" or "Your" or "Yourself" or "User"), describe the terms on which Biomall offers the user access to the Website and such other services as are incidental and ancillary thereto ("Services").

1.3. For the purpose of these Terms of Use, wherever the context so requires, "You" or "User" shall mean any natural or legal person who has agreed to become a user by accessing the Website and the contents therein. The website application operated by us which provides its services without the registration/acceptance, does not release the user from this contractual relationship. The term “Supplier” shall refer to any natural or legal entity that has been authorized to supply particular goods to any User or any individual buyer through the website.

1.4. By using the Website, You accept and agree to be bound by the these Terms of Use, together with the Privacy Policy available at https://www.biomall.in/PrivacyPolicy, the Terms of Sale available at https://www.biomall.in/TermsOfSale, the Seller Agreement available on Supplier Dashboard (applicable if You are selling any of the products on the Website) and any other terms which may apply to specific Services ("Additional Service Terms"), together with all other notices, disclaimers, guidelines appearing on the Website from time to time (collectively referred to as "Agreement(s)"). Your permitted use of the Website is conditioned upon Your compliance with the Agreements.

1.5. Your usage of Our Website is evidence that You have read and agreed to these Terms of Service and our PRIVACY POLICY. The user is requested to carefully read and understand, both of the guidelines. The usage of this Website by users is governed by this policy and any policy so mentioned by terms of reference.

1.6. Using the Website shall be considered as the user having read and agreed to all of the policies so binding the user, and that You are contracting with the Company and have undertaken binding obligations with the company. If You do not agree with any of these terms, please discontinue using the site.

1.7. If there is any conflict:

      •  between the Privacy Policy and any other Agreement, the Privacy Policy shall take precedence but only to the extent of the conflict;

      •  between the Additional Service Terms and any other part of these Terms of Use, the Additional Service Terms shall take precedence in relation to that Service;

      •  between the Seller Agreement and any other part of these Terms of Use, the Seller Agreement shall take precedence but only to the extent of the conflict;


between these Terms of Use and any other notices, disclaimers or guidelines appearing on the Website, these Terms of Use shall take precedence but only to the extent of the conflict.

 

2. SERVICES


This Website is an electronic platform in the form of an electronic marketplace and an intermediary, that

2.1. provides a platform for Users (who are retailers) to advertise, exhibit, make available and offer to sell various Products to other Users (who are buyers/customers), and

2.2. a platform for the aforementioned other Users to accept the offer made by the sellers on the Website and to make payments to the sellers for purchase of the Products, and

2.3. services to facilitate the engagement of buyers and sellers to undertake commerce on the Website, and

2.4. such further services as are incidental and ancillary thereto.

 

3. USE OF WEBSITE

 

3.1. You are required to read and accept all of the limiting conditions laid down in these Terms and Conditions ("Terms") and the linked Privacy Policy, before You may use our Website. The Website permits You to browse, select, send enquiries to Suppliers, purchase goods and vouchers from Suppliers, etc.

3.2. This User Agreement sets out the terms and conditions on which we shall provide the Services to the Users through the Website. The Users shall be deemed to have read, understood and accepted this Agreement, which may be updated or modified by us from time to time.

3.3. The use of this Website is granted to the Users, conditioned on approval without alteration of all the terms, conditions and notices contained in this Agreement, and of those which may be updated on the Website from time to time. This Agreement shall be effective and binding upon the user’s 'acceptance'. For exclusion of doubts, it is explained that the use of the Website by the Users establishes an acknowledgement and acceptance by the Users of this Agreement. If the Users do not agree with any part of such terms, conditions and notices, the Users must not use the Website.

3.4. The Company at its sole discretion holds the right, not to accept any request by the users for listing, display or offering any products and services through the Website without conveying any reason thereof. Any contract towards the provision of a service is not complete until an entire consideration towards the service is received.

3.5. The user is requested to refer to the Privacy Policy for details. We shall have no responsibility in any manner whatsoever regarding any promotional emails or SMS/MMS sent to You. The offers made in the aforesaid emails and/or SMS/MMS shall be subject to approval at the sole discretion of the Company, and the Company owes no responsibility to provide any additional information regarding such change.

3.6. By implying to or expressly accepting these Terms of Service, You also accept and agree to be bound by our other Policies, inter alia Privacy Policy, which would be amended from time to time.

3.7. You may not use the Website in any manner that may impair, overburden, damage, disable or otherwise compromise

• Company’s services;

• any other party's use and enjoyment of company’s services; or

• the services and products of any third parties (including, without limitation, the Device used to provide such services on the Website).

3.8. You agree to comply with all the local laws and regulations governing the downloading, viewing of contents and any other laws that apply to the usage of a Website without limitation, and any usage rules set forth in the terms of service of the online application store.

3.9. You hereby certify that You are at least 18 years of age.

3.10. You agree to ensure the email address provided in Your account registration is valid at all times and will keep Your contact information accurate and up-to-date. If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or the Company has reasonable grounds to suspect that the provided information is untrue, inaccurate, not current or incomplete, then we have the right to suspend or terminate Your account and refuse any and all current or future use of the Website (or any portion thereof).

3.11. You shall not use the Services or Materials for any unlawful purposes or to conduct any unlawful activity, including, but not limited to, fraud, embezzlement, money laundering or identity theft.

3.12. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872, including minors, un-discharged insolvents etc. are not eligible to use the Website.

 

4. UPDATES


4.1. We hold the sole right to modify the Terms of Use without prior permission from You or informing You. The relationship imparts a duty to You, to periodically check the terms and stay updated on its requirements. Your continued use of the website following such a change, is deemed as consent by You to the so amended policies. Considering that You comply with these Terms of Use, we grant You a personal, non-exclusive, non-transferable, limited privilege to use the Application solely for non-commercial purposes.

4.2. We reserve the right to temporarily disable or permanently discontinue any and all operations of the Website.

 

5. USER OBLIGATIONS AND ROLE OF BIOMALL

 

5.1. By using this Website, the User agrees to comply with all of the Terms hereof. The right to use this Website is personal to the User and is not transferable to any other person or entity. The User shall be responsible for protecting the confidentiality of their password(s), if any. The User also acknowledges that, granting the internet is often a secure environment, on occasion there are interruptions in service or events which are beyond the control of the Company, and the Company shall not be held responsible for any data lost while transmitting information on the internet. While it is the Company's objective to make the Website accessible 24 hours per day, 7 days per week, the Website may be unavailable from time to time for any reason including, without limitation, routine maintenance. The user shall understand and acknowledge that due to circumstances both within and outside of the control of the Company, access to the Website may be interrupted, suspended or terminated from time to time. The Company shall hold the right at any time, to revise or suspend any aspect, or feature of the Website, including, but not limited to, content, accessibility and equipment needed for access or use. Furthermore, the Company may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method or may change the transmission speeds or other signal characteristics.

5.2. The User shall be responsible for the procurement and maintenance of their telephone, computer hardware and other equipment required for access to and use of the Website and all charges related thereto. The Company shall not be liable for any damages to the User's equipment resulting from the use of the Website.

5.3. Users shall not have more than one account. Maintaining more than one account by a User shall amount to fraudulent act on part of the user and attract consequences. The Company owns no responsibility in any manner over any dispute arising out of transactions by any third party using Your account/e-mail provided by You to the Company or payments made by Your credit card by any third party.

5.4. The User further agrees to accept responsibility for all transactions made from their account and any dispute arising out of any misuse of the account, whether by a family member, relative, friend, any third party or otherwise, shall not be entertained by the Company. The user agrees to notify the Company immediately of any unauthorized use of Your account or any other breach of security and understands that the Company reserves the right towards refusal of service, termination of such accounts, or remove or edit content in its sole discretion.

5.5. In the event of detection of any fraudulent or declined transaction, prior to initiation of legal actions, the User understands that the Company reserves the right to immediately delete such accounts and dishonour all past and pending orders without any liability including that of refunds.

5.6. You approve, comprehend and confirm that the credit card details provided by You for availing any of the services from the Company will be correct and accurate and You shall not use any credit card which is not lawfully owned by You.

5.7. The User shall not use the website in such a manner as to threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order, or cause any incitement to the commission of any cognizable offence or further prevent investigation of any offence or is insulting any other nation.

5.8. The User shall not disseminate information that is false, inaccurate or misleading and violate any applicable laws or regulations, for the time being in force in or outside India.

5.9. The User agrees to not directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any method under the provisions of any relevant law, rule, regulation or guideline for the time being in force.

5.10. Users agree to comply with all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/ VAT, Income Tax, Service Tax, Central Excise, Custom Duty, Local Levies) regarding his/her use of the Company service and his/her bidding on, listing, purchase, solicitation of offers to purchase, and sale of products or services.

5.11. There may be certain orders that Biomall is unable to process, or pass on a buyer's order to the seller and must hence, cancel. Some situations that may result in Biomall’s inability to process or pass on the buyer's order to the seller include, without limitation, non-availability of the Website service, force majeure, credit limitations or suspected fraud.

5.12. In case the buyer purchases multiple Products in one transaction, the Seller(s) may deliver all such Products together. However, this may not always be possible. If a buyer purchases multiple Products in a single transaction, then all the Products would be dispatched to a single delivery address provided by the buyer at the time of purchase. If the buyer wishes to send any of the additional Products to a different address, then the buyer should purchase the Products under separate transactions differing by the delivery address for each order, as may be required. The buyer agrees that the delivery of the Products can be accepted by the person who is present at the shipping address provided by the user.

5.13. In certain cases, where buyer requires certain services in relation to a Product, such as warranty, after-sales or installation services, buyer shall directly contact seller or the manufacturer. However, in the event, buyer contacts Biomall for the same, Biomall may inform the seller to provide or facilitate the provision of such services to the buyer. Biomall is not and shall not be obliged to provide any such additional services. Biomall’s role in relation to facilitating such services shall be limited to facilitating communication between buyer and the seller for the purpose of provision of such additional services.

 

6. WEBSITE ACCESS

 

The Company grants You a limited license to access and make personal use of the Website and avail its services. This license does not comprise any downloading or replication of account information for the assistance of another vendor or any other third party; caching, unauthorized hypertext links to the Website and the framing of any content accessible through the Website. This further includes uploading, posting, or transmitting any content that You do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any disruptive material which may enclose software viruses or any other computer code, programs or files intended to interrupt, destroy or limit the functionality of any computer software or hardware equipment or telecommunications equipment; or execute any action which inflicts or may impose (from the Company's standpoint) an irrational or disproportionately large load on the Company's infrastructure; or employ the use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by Company to prevent or restrict access to the Website. Any unauthorized use by You shall terminate the permission or license granted to You by Company.

 

7. PAYMENTS

 

7.1. Presently, Biomall does not levy any fee for browsing the Website. Buyers have to pay Internet handling fee for buying the Products on the Website. Biomall may also charge Users certain fees for the use of the Website and Services as a whole, or certain features of the Website/Services. You agree to pay any such fees, as may be applicable to the Services You acquire. Biomall will attempt to ensure that You are made aware of the applicability of any such fees for a particular application of the Website/Services, as well as the amount of fees payable by You for any such use of the Website/Service. You agree that Biomall may, at any time, charge, modify or waive fees required to use the Website. Your continued use of the Website/Services after such change in the fees will be considered to be Your acceptance of such changes, and the applicability of these Terms of Use to such changes.

7.2. You agree to provide correct and accurate financial information, such as credit/debit card details to the approved payment gateway or pre-paid payment instrument account details for availing Services on the Website. You shall not use the credit/debit card or pre-paid payment instrument which is not lawfully owned by You, i.e. in any transaction, You must use Your own credit/debit card or pre-paid instrument account. The information provided by You shall not be used or shared with any third party, unless it is required in relation to fraud verifications or by law, regulation or court order or in accordance with the terms of the Privacy Policy. You will be solely responsible for the security and confidentiality of Your credit/debit card details or pre-paid instrument account. Biomall expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of Your credit/ debit card or pre-paid instrument account.

7.3. Biomall may have existing arrangements with its banks, regarding the limits on the amounts You can pay (if You are a buyer) or receive (if You are a seller) in the course of a single transaction. Biomall will work towards ensuring that You are made aware of such limits if they may be applicable to You. However, Biomall shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of You/cardholder having exceeded the pre-set limit by Your bank and that of mutually agreed by Biomall with its bank from time to time.

7.4. Regarding Your payments for buying any Products on the Website, in addition to the Agreement(s), the terms and conditions of Your bank or applicable financial institution and/or card issuing association may also be applicable to You. Your bank, financial institution or card issuing association may decline or prevent You from making electronic payments for purchasing Products on the Website and Biomall does not control the same and shall not be liable for the same.

7.5. Payment Facility for Your orders: Biomall may from time to time contract with third party payment service providers including banks, to open a nodal bank account under the applicable Indian laws, to facilitate the payment between Users i.e. buyers and sellers and for the collection of Biomall's fees and other charges. These third party payment service providers may include third party banking or credit card payment gateways, payment aggregators, pre-paid instruments, cash on delivery or demand draft/pay order on delivery service providers, mobile payment service providers or through any facility, as may be authorized by the Reserve Bank of India for collection, refund and remittance, as the case may be of payment or supporting the same in any manner. Biomall shall initiate the remittance of the payments made by You for Your purchase orders on the Website after the Products are delivered to You, and the date of completion of transaction shall be after the Products are delivered or another additional time, as may be agreed between Biomall and sellers.

      

8. SUBMITTED CONTENT

 

With respect to the materials You submit or make available for inclusion on the Website, You grant the Company a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sub-license such materials or any part of such materials. You hereby represent, warrant and promise that any materials You provide, do not include anything to which You do not have the full right to grant the license specified (including, but not limited to, text, imageries, audio or video).

 

9. DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY

 

ALL OF THE CONTENT, PRODUCTS, AND SERVICES ON THE WEBSITE, OR OBTAINED FROM A WEBSITE TO WHICH THE WEBSITE IS LINKED (A "LINKED WEBSITE") ARE PROVIDED TO YOU "AS IS" DEVOID OF WARRANTY OF ANY KIND, EITHER STATED OR IMPLIED INCLUDING, BUT NOT RESTRICTED TO, THE UNDERSTOOD WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR PRECISION. ALL WARRANTIES, IF ANY, RELATING TO THE PRODUCT AND SERVICES WOULD BE PROVIDED BY THE MANUFACTURER/SUPPLIER OF SUCH PRODUCT AND NOT BY THE COMPANY. ANY CLAIM IN RELATION TO THE SAME SHOULD BE RAISED AGAINST THE RESPECTIVE MANUFACTURER/SUPPLIER. IN ANY CASE WHATSOEVER, THE COMPANY DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR


• THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH THE WEBSITE BY ANY PARTY BEYOND US,

• ANY CONTENT FOUND ON ACCOMPANYING WEBSITES OR

• THE ABILITIES OR DEPENDABILITY OF ANY PRODUCT OR SERVICE ATTAINED FROM A LINKED WEBSITE.


     BESIDES WHAT IS REQUIRED UNDER THE APPLICABLE CONSUMER PROTECTION LAW, UNDER NO CIRCUMSTANCE WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER'S RELIANCE ON INFORMATION OBTAINED THROUGH THE WEBSITE OR A LINKED WEBSITE, OR THE USER’S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED WEBSITE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE, OR OTHER CONTENT AVAILABLE THROUGH THE WEBSITE, OR OBTAINED FROM A LINKED WEBSITE. USERS ARE REQUESTED TO SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, WITH RESPECT TO THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, SERVICE, PRODUCT, OR OTHER CONTENT.

 

9.1. It is understood by the User that, Pictures of the Products shown are merely indicative, and are not an identical representation of the actual product. In case any defect, which is not mentioned in the offer description, which drastically reduces or nullifies the product's value or serviceability for the designated purpose, comes into the notice of the User, he/she must advise the Supplier of this defect within [7] days of product delivery in order to request for rectification at the Supplier's expense. The same applies in case the product lacks a characteristic stated or does not contain the features as have been detailed in the offer description by the Supplier. The above clause, in no way restricts further warranty or guarantee rights.

9.2. Biomall.in communicates information provided and created by advertisers, content partners, software developers, publishers, marketing managers, employees, consumers, resellers and other third parties. While every effort has been made to determine the legitimacy of the content on the Website, Biomall.in has no control over content, the truth of such content, integrity or quality of such content and the information on our pages, and material on the Website may include technical inaccuracies or typographical errors, and we make no guarantees, nor can we be accountable for any such data, including its authenticity, currency, content, value, copyright agreement or legality, or any other intellectual property rights compliance, or any resultant loss or damage. Furthermore, we are not liable for any kind of damages, losses or action arising directly or indirectly due to any content, including any faults or omissions in any content, access and/or usage of the content on the Website or any of them including but not restricted to content based decisions resulting in loss of data, revenue, profits, property, infection by viruses etc.

 

10. LIMITATION OF LIABILITY

 

    YOU DEFINITIVELY UNDERSTAND AND APPROVE THAT THE COMPANY ALONG WITH ITS SUBSIDIARIES, ASSOCIATES, AGENTS, WORKERS, OFFICERS, PARTNERS AND LICENSORS SHALL NOT BE HELD LIABLE TOWARDS YOU FOR ANY DIRECT, INDIRECT, ACCOMPANYING, SPECIAL, RESULTING OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, OPPORTUNITY, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM USE OF THE WEBSITE, SALE AND SUPPLY OF GOODS CONTENT OR ANY RELATED/UNRELATED SERVICES AND OTHER SERVICES OFFERED ON THE WEBSITE FROM TIME TO TIME. IF FOR ANY REASON, THE LAW DOES NOT PERMIT EXCLUSIONS OF LIABILITY THEN, THE LIABILITY OF THE COMPANY SHALL BE LIMITED TO SUCH AMOUNT PAID BY THE USER AND RETAINED BY THE COMPANY FOR THE TRANSACTION IN QUESTION.

 

10.1. All commercial/contractual terms are offered by and agreed to, between the Supplier and the User alone. The marketable/contractual terms comprise without restraint: cost, shipping costs, payment means, payment terms, date, period and mode of delivery, warranties related to products and post-sales services related to products. The Company does not control, recommend, regulate or in any further way, involve itself in the offers or acceptance of such commercial/contractual terms between the User and the Supplier. The Company shall not, and is not required to mediate or resolve any dispute or disagreement between the Supplier and the User as it is a facilitator for the services at the Website and acts only as an online platform. All the services offered to, through or via the Website are provided on an "as is" basis, without any representation or warranty of any kind from the Company, either stated or implied, including without limitation, any representation or warranty for the accuracy, continuity, uninterrupted access, timeliness, quality, performance for any particular purpose or completeness. The Company and its associates, affiliates and service providers and technology partners make no representations or warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted.

10.2. The Company accepts no liability whatsoever for any financial or other damage experienced by User on account of:

• Any delay, disruption, failure, or corruption of 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 clearly understand and comply that the Company shall not be held liable for any direct, indirect, special, incidental, consequential or exemplary damages, including but not limited to, the damages for loss of profits, goodwill, usage, data or other intangible losses (even when the Company has been advised of the possibility of such damages). Company shall not at any point of time during any transaction between the User and the Supplier on Website, come into or take possession of any of the products or services offered on the Website, nor shall it at any point gain title to or have any rights or claims over the products or services offered by the Supplier to the User.

10.4. At no time shall any right, title or interest over the products vest with the Company, nor shall the Company have any obligations or liabilities in respect with such a contract. The Company is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, back ordered or otherwise unavailable. All products offered by the Supplier are only for a restricted time, and only for the available supply as offered by Supplier. The Company is not liable for temporary unavailability of the Website, the failure of individual or all Website functions, or incorrect functioning of the Website. The Company is particularly not liable for technical problems which cause offers or bids to be accepted or processed late or incorrectly, or not at all. The Company particularly does not guarantee that the system time clock will match an officially set time.

 

11. LINKS TO THIRD PARTY WEBSITES


Users understand and agree that the Company and the Website merely provide hosting services to its Suppliers. All items advertised/listed and the contents therein are advertised and listed by the Suppliers and are third party user generated contents. The company neither creates nor initiates the broadcast, nor chooses the sender and receiver of the transmission, nor selects or modifies the information contained in the transmission. The Website may contain links to other websites ("Linked Websites"). The Linked Websites are not under the control of the Company or the Website and the Company is not responsible for the contents of any Linked Website, including without limitation, any link contained in a Linked Website, or any changes or updates to a Linked Website. The Company is not responsible for any form of transmission, whatsoever, received by the Users from any Linked Website. The Company is providing these links to the User only as convenience, and the inclusion of any link does not imply endorsement by the Company or the Website of the Linked Websites or any association with its operators or owners, including the legal heirs or assigns thereof. The Company is not responsible for any errors, omissions or representations on any Linked Website. The Company does not endorse any advertiser on any Linked Website in any manner. The Users are requested to authenticate the accuracy of all information in their own capacity, prior to undertaking any reliance on such information.

 

12. USE OF COMMUNICATION SERVICES

 

12.1. When You use the Website or send emails to the Company, You are communicating with the Company electronically. You consent to receive communications from the Company electronically. The Company will communicate with You by email, SMS or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to You electronically, satisfy any legal requirement that such communications be in writing.

12.2. The Website may contain services such as email, chat, bulletin board services, information related to various news groups, forums, communities, personal web pages, calendars, and/or other message (hereinafter collectively referred to as "Communication Services"). The Users agree and undertake to use the Communication Services only to post, send/receive messages and material that are proper and related to the particular Communication Service. As a guideline, and not as a restriction, the User agrees and accepts that when using our Communication Services, the User will not:

• defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;

• disseminate, upload, post, dispense or issue any inappropriate, profane, obscene, pornographic, offensive, infringing, indecent or unlawful topic, information material or name;

• 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 dispense any files which contain corrupted files, viruses, or any other similar software or programs which may damage the operation of the Website or another user’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 publish contests, surveys, pyramid schemes or chain letters;

• download any file posted by another user of the Communication Service, that the Users discern, or rationally understand that it cannot be distributed legally by such a method;

• fabricate or erase any present author attributions, legal or additional proper notices or proprietary designations or source of software, or labels of origin or further material contained in a file which is uploaded;

• violate any code of conduct or other guidelines, which may be applicable for or to any particular Communication Service


12.3. The Company has no obligation to monitor the Communication Services. However, the Company reserves its right to assess materials posted through the Communication Service and consequently erase any material at its sole discretion. The Company reserves the right to terminate the User’s access to any or all of the Communication Services at any time without notice for any reason whatsoever. The Company additionally at all times, reserves the right to reveal any information as is compulsory to satisfy or comply with any applicable 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, at the Company's sole discretion. The Company does not control or endorse the content, messages or information found in any communication service and, therefore, the Company specifically disclaims any liability or responsibility whatsoever with regard to the communication services and any actions resulting from the User’s participation in any communication service. Materials which are uploaded to a Communication Service may be subject to restrictions on usage, dissemination and/or reproduction. Users are responsible for keeping themselves updated of and adhering to such limitations, if they download the materials.

 

13. TERMINATION

 

13.1. The Company reserves the right, at its sole discretion, to terminate access to the Website and the related services or any portion thereof at any time, without any prior notice. The Users agree that the Company may under certain circumstances and without prior notice, immediately terminate the User’s user ID and access to the Website/Services. Reasons for termination may include, but shall not be limited to, breach by the Users of this Agreement or the Privacy Policy, Buying and selling forbidden products, requests by enforcement or government agencies, requests by the Users, non-payment of fees owed by the User in connection with the Services as specified. This Agreement may be terminated by the User only through a written notice to Company or by sending an email to [info@biomall.in].

13.2. Should the User object to any terms and conditions of this Agreement, or become dissatisfied with the Service in any way, the User's only recourse is to immediately:

• discontinue use of the Website/Service;

• notify Company of such discontinuance

13.3. Upon termination of the Service, User's right to use the Website/Services shall immediately cease. The User shall have no right and the Company shall have no obligation thereafter to execute any of the User's uncompleted tasks or forward any unread or unsent messages to the User or any third party. After the User's termination, cancellation or suspension of registration or Services, any data that the User has stored on the Website may not be retrieved later and the User shall have no right over the same.

13.4. The User shall be responsible for accessing the Services and that access may involve third party fees, including airtime charges or internet service provider's charges which are to be exclusively borne by the Users. The User likewise understands that Services may contain certain communications from the Company in form of service announcements and administrative messages.

 

14. REGISTRATION


Registration of Users on the Website is optional. Simply partial access to the Website is accessible to non-registered Users. Non-registered Users may not be permitted to avail all the Services on the Website. In order to obtain increased access to the Website and the desired functionality, the Users are required to make an account on the Website as a registered User. If the Users opt to register himself/herself on the Website, upon completion of the registration process, the Users shall receive a user ID and password. Provided You utilize the Website as a Registered User, You alone are in control of maintaining the confidentiality of Your User ID and Password. Furthermore, You are responsible for maintaining the confidentiality of Your personal and non-personal information and for restricting access to Your computer, computer system and computer network, and additionally accountable for any activity which occurs under Your User ID and Password, cell number email ID in any instance.

 

If You register on behalf of a business entity, You represent that business entity and

• You have the authority to bind the entity to terms and condition of use and/or this Agreement;

• the address You use when registering is the principal place of business of such business entity;

• all other information submitted to Biomall during the registration process is true, accurate, current and complete.

 

The Users also agree to:

• submit factual, accurate and complete information regarding himself/herself and his/her beneficiaries as requested by the registration form ("Registration Data") on the Website; and

• maintain and punctually update any Registration Data to keep it accurate, factual, current and complete.


If the User provides any information that is false, incorrect, not up-to-date or incomplete, or the Company has rational grounds to suspect that such information is untrue, incorrect, not current or incomplete, the Company has the right to suspend or terminate the User’s registration and decline any and all current or future use of the Website and/or any Service. Furthermore, the Users grant the Company the right to disclose to third parties, Registration Data to the extent necessary for the purpose of carrying out the Services.


15. WEBSITE-PROVIDED EMAIL AND POSTINGS

 

The Website may provide users with the ability to send email messages to other users and to post messages on the Website. The Company is under no obligation to review any messages, information or content ("Postings") posted on the Website by users and assumes no responsibility or liability relating to any such Postings. Notwithstanding the above, the Company may, from time to time, monitor the postings on the Website and may decline to accept and/or remove any email or Postings. You expressively agree not to use any service provided by the Website to post content or initiate communications of a prohibited nature that contains:

 

• Any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law.

• Advertisements or solicitations of any kind.

• Impersonate others or provide any kind of false information.

• Personal information such as messages which state phone numbers, account numbers, addresses, or employer references.

• Posts by unauthorized employees of a Company claiming to speak on behalf of the Company or containing confidential information or expressing opinions          concerning a Company.

• Messages that offer unauthorized downloads of any copyrighted or private information.

• Multiple messages placed within individual folders by the same user restating the same point.

• Chain letters of any kind.

• Spam or send Duplicate messages to numerous addresses, advertising any product or service, expressing a political or other similar message, or any other type of unsolicited commercial message. This prohibition includes but is not limited to

   a. Using Company invitations to send messages to people who don't know You or who are unlikely to recognize You as a known contact;

   b. Using the Website to connect to people who don't know You and furthermore sending unsolicited promotional messages to those direct connections without their permission and

   c. Sending messages to distribution lists, news group aliases, or group aliases

 

16. TRADEMARKS

 

The trademarks, logos and service marks ("Marks") which are presented on the Website are the property of the Company and other respective persons. Users are prohibited from using any Marks for any purpose including, but not limited to, use as meta tags on other pages, or Websites on the World Wide Web without the written permission of Company, or such third party which may own the Marks. All information and content including any software programs available on or through the Website ("content") is protected by copyright. Users are forbidden from copying, modifying, dispensing, transmitting, displaying, printing, selling, licensing, creating derivative works or using any content available on or through the Website for commercial or public purposes. The Website contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and the entire content of the Company is protected by copyright as a collective work under the applicable copyright laws. The Company owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Users are not permitted to modify, publish, disseminate, participate in the transferor sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Users may download/print/save copyrighted material for the User's personal use only. Exclusive of what is otherwise decisively specified under the copyright law, no plagiarism, redistribution, retransmission, publication or commercial misuse of downloaded material without the communicated permission of the Company and the copyright owner is allowed. When copying, redistribution or publication of certain copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be carried out by the User. The User accepts that he/she/it does not obtain any ownership rights from downloading any copyrighted material. Trademarks which are found within or on the Website, or a Website otherwise possessed or operated in combination with the Company, shall not be considered to be in the public domain, but rather, the private possession of the Company, unless such Website is under license from the trademark owner thereof in which case such license is for the exclusive assistance and use of the Company, unless otherwise indicated.

 

17. PROPRIETARY RIGHTS

 

17.1. You hereby acknowledge that [Chargen Life Sciences LLP] owns all rights, titles and interest in and to the Website and to any and all proprietary and confidential information contained therein ("Information"). The Website and Information are protected by applicable intellectual property and other laws, including patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all additional registered rights, and any and all applications, restitutions, extensions and restorations thereof, now or hereafter in force and effect internationally.

17.2. All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, "Content"). This Content is protected by applicable intellectual property rights and is the property of the Company, its third party licensors and partners (as applicable), and other entities that provide such content to the Company. You may not (or enable others to) copy, distribute, display, modify, or otherwise use the Content except as it is provided to You through the Application hereunder. The Company and its licensors make no representations or warranties regarding the accuracy or completeness of the Content.

17.3. Excluding when permitted, the regular use of such content and it being replicated, republished, uploaded, posted, publicly exhibited, encoded, translated, transmitted or distributed in any method to any other computer, server, or other medium for publication or distribution or for any commercial enterprise, without our expressed prior written consent is not allowed.

 

18. COPYRIGHT


18.1. All data, content, services and software showed on, transmitted through, or used in connection with the Website, including for example news articles, reviews, directories, guides, text, pictures, images, illustrations, audio clips, video, html, source and object code, trademarks, logos, and the like (collectively, the "Content"), as well as its selection and arrangement, is possessed by us, and its affiliated companies, licensors and suppliers. You may utilize the Content only online, and solely for Your personal, non-commercial use, and additionally may be allowed to download or print a single copy of any portion of the Content solely for non-commercial application, provided You do not remove any trademark, copyright or other notice from such Content.

18.2. Users are not permitted to, republish any part of the Content on any part of the Internet, Intranet or integrate this Content in any database, assembly, archive or cache. You may additionally, not dispense any Content externally, whether or not for payment or other consideration, and You may not amend, copy, frame, cache, replicate, sell, publish, communicate, display or otherwise use any portion of the Content. You comply not to reverse engineer, decompile, or undo any software or other products or processes which are accessible through the Application, not to insert any code or product or operate the content of the Website in any way that affects the user's experience, and not to use any data mining, gathering or extraction method.

 

19. CONSEQUENCE OF BREACH

19.1. You acknowledge that a violation or attempted violation of any part of this Agreement will cause such damage to the company as will be irreparable, the exact amount of which would be impossible to ascertain and for which there will be no adequate remedy at law. 

19.2. In no event shall You be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of [www.biomall.in], the exploitation of any advertising or other materials issued in connection therewith, or the exploitation of the Website or any content used or displayed through the Website.

19.3. Without prejudice to the other remedies available to Company under this agreement or under applicable law, the Company may limit the Users activity, or end the Users listing, warn other Consumers of the Users actions, immediately temporarily/indefinitely suspend or terminate the user's registration, and/or refuse to provide the user with access to the Website.

 

If the Users are in breach of this agreement, the privacy policy and/or the documents it incorporates by reference:

• The Company is unable to verify or authenticate any information provided by the Users; or

• The 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.

 

20. INTELLECTUAL PROPERTY RIGHTS

 

BIOMALL is not an expert in Your intellectual property rights, and we cannot verify that the Suppliers of our online marketplace have the right to sell the goods and/or services offered by them. BIOMALL is also not an arbiter or judge of disputes about intellectual property rights. By taking down a listing, as a prudential matter, BIOMALL is not endorsing a claim of infringement. Neither, in those instances in which BIOMALL declines to takedown a listing, is BIOMALL determining that the listing is not infringing, nor is BIOMALL endorsing the sale of goods in such cases. BIOMALL does not signify or certify the precision or reliability of any data available, or advertisements (collectively, the "content") contained on, distributed through, or linked, downloaded or accessed from any of the services available on the site, or the quality of any products, information or other materials displayed, or obtained by You as a result of an advertisement or any other information or promotional offer in or in link with its services.

 

BIOMALL respects the intellectual property rights of others, and we expect our Suppliers and User(s) to do the same. We expect the User(s) to agree to not copy, download & replicate any information, text, pictures, video clips, directories, files, databases or listings available on or through the website (the "BIOMALL content") for any public display purpose whatsoever. Systematic retrieval of BIOMALL content to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from BIOMALL is prohibited.

 

21. RELATIONSHIP

 

None of the provisions of this Agreement, terms and conditions, notices or the right to use the Website by the Users contained herein or any other section or pages of the Website and/or the Linked Websites, shall be deemed to constitute a partnership between the Users and Company and no party shall have any authority to bind or shall be deemed to be the agent of the other in any way. It may be noted, however, that if by using the Website, the Users authorize Company and its agents to access third party Websites designated by them or on their behalf for retrieving requested information, the Users shall be deemed to have appointed Company and its agents as their agent for this purpose. Furthermore, it is explained that the use of, or access to the Website or any facilities are not in intent to create an agency, partnership, joint-venture or employer-employee or vendor-vendee relationship between the User, Company and/or the Website.

 

22. REVISION

 

The company may alter, replace, decline access to, suspend or discontinue the Services, partially or entirely, or add, change and modify prices for all or part of the Services for You or for all our users at any time and in our sole discretion. All of these changes shall be effective upon their posting on the Website or by direct communication to You unless otherwise noted.  We moreover reserve the right to suppress, erase and or discard any content existing as part of Your account, with or without notice if reasoned by us to be opposing to this Agreement.

 

23. INDEMNIFICATION

 

You agree to indemnify, hold innocent, and defend the Company and its licensors, suppliers, officers, directors, employees, agents, affiliates, subsidiaries, successors and assigns (collectively "Indemnified Parties") from and against, any and all liability, loss, claim, damages, expense, or costs (including but not limited to attorneys' fees), incurred by or made against the Indemnified Parties in connection with any claim arising from or related to

• Your use (or anyone using Your account) of the Services, the Website or the Materials,

• Your Content, or

• any Commercial Products You offer on or through the Website or using our Services.

 

This includes, but is not limited to, any breach or violation of this Agreement by You or anyone utilizing Your account. You agree to fully co-operate at Your expense, as reasonably required by an indemnified Party. Each indemnified party may, at its selection, assume the defense and control of any matter for which it is indemnified hereunder.  You are not to settle any issue concerning an indemnified party without the approval of the applicable party.

 

24. AMENDMENT

 

We reserve the right, in our sole discretion, to modify or replace any part of this Agreement at any time, effective upon the date of the change. In the event of any such change, we will post a notice on the Website regarding the change in Agreement. It is acknowledged that occasionally there are issues with email communication. We are not responsible if any email notice gets caught by Your SPAM filter resulting in Your failure to notice it, or if You have provided us an incorrect email address (or failed to update Your address) or if there are additional communications issues that prevent an email from reaching You. Therefore, we encourage You to frequently visit the page periodically to monitor any changes. Your sustained usage of, or access to any Services, succeeding the upload of any changes to this Agreement establishes acceptance of those changes. The company may, from time to time, launch new services and/or features through the Website (including the release of new tools and resources). For the evasion of doubt, the aforementioned new features and/or services shall be subject to the terms and conditions of this Agreement.

 

25. DISPUTES

 

The formation, interpretation and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of the state of Maharashtra with regards to its rules on conflicts or choice of law and, to the extent applicable, the laws of India.  The sole jurisdiction and venue for any action related to the subject matter hereof, shall be the state and federal courts situated in Mumbai, India, and You hereby yield to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement.  This Agreement does not accept, The United Nations Convention on Contracts for the International Sale of Goods.

 

26. PRIVACY

 

We encourage You to read the Privacy Policy, and to use the information it contains to help You make informed decisions. Additionally, note that certain data, statements, data and content (such as pictures) which users post on the Website are likely to reveal their gender, ethnic origin, nationality, age, and/or other personal information about them. You acknowledge and agree that Your submission of such information is voluntary on Your part. Furthermore, You acknowledge, consent and agree that we may access, preserve, and disclose Your registration and any other information You provide if required to do so by the law or in a good faith, belief that such access, preservation or disclosure is reasonably necessary in our opinion. Disclosure of user information to third parties is further addressed in the Privacy Policy.

 

27. JURISDICTION

 

This Agreement and the legal relations between the parties hereto shall be governed by and construed in accordance with the laws of India, without reference to its conflict-of-laws principles. The parties hereto, their successors and assigns, consent to the jurisdiction of the courts of India with respect to any legal proceedings related to this Agreement, and waive any objection to the propriety or convenience of venue in such courts.

 

28. ENTIRE AGREEMENT

 

This Agreement is the complete and exclusive statement of the promises between the parties with respect to the subject matter hereof and supersedes all other communications or representations or agreements (whether oral, written or otherwise) relating thereto.

 

29. WAIVER


The failure of either party at any time to maintain any provision of this Agreement, in no means shall affect such party's right at a later time to enforce the same. No waiver by either party of any violation of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be considered to be, or interpreted as, an additional or continuing waiver of any extra such breach of this Agreement.

 

30. GENERAL TERMS

 

30.1. If any provision of this Agreement shall to any degree be held inacceptable, prohibited or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall in no manner be impacted or compromised thereby, and each such provision of this Agreement shall be binding and enforceable to the maximum extent acceptable by law. In such a case, this Agreement shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while protecting to the maximum extent, the rights and commercial prospects of the parties hereto, as expressed herein.

30.2. You approve that irrespective of any statute or law to the contrary, any assertion or cause of action resulting out of or related to usage of the Application or this Agreement must be filed by You within one (1) year after such claim or cause of action, else it be invalid. The section titles in this Agreement are for convenience sake and themselves have no legal or binding effect.

30.3. You cannot assign or otherwise transfer the Agreements, or any rights granted hereunder or any obligations, to any third party and any such assignment or transfer or purported assignment or transfer shall be void ab initio. Biomall's rights and/or obligations under the Agreement are freely assignable or otherwise transferable by Biomall to any third parties without the requirement of seeking Your prior consent. Biomall may inform You of such assignment or transfer in accordance with the notice requirements under the Agreement. Biomall shall have the right to transfer Your Account and Account Information to a third party who purchases Biomall's business as conducted under the Website.

30.4. Force Majeure: If performance of any service or obligation under these Terms of Use or other Agreement by Biomall is, or other third parties in fulfilment of any purchase or sale transaction (for example: logistics service provider, payment gateways etc.) are, prevented, restricted, delayed or interfered with, by reason of labour disputes, strikes, severe weather, shortages of materials, rationing, utility or communication failures, natural disasters, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable control of Biomall or its third parties performing such services as sub-contractor to Biomall and could not have been prevented by reasonable precautions (each, a "Force Majeure Event"), then Biomall shall be excused from such performance to the extent of and during the period of such Force Majeure Event. Biomall shall exercise all reasonable commercial efforts to continue to perform its obligations hereunder.

30.5. You and Biomall are independent contractors, and nothing in these Terms of Use will be construed to create a partnership, joint venture, association of persons, agency (disclosed or undisclosed), franchise, sales representative, or employment relationship between You and Biomall. As an expressed caution, it is clarified that Biomall shall not have any right to conclude any contract for sale or purchase of Products for and/or on Your behalf and both You and Biomall have entered this agreement on principal to principal basis.