Terms and conditions

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the http://www.Pharmarack.com website (the “Service”) operated by Pharmarack (“us”, “we”, or “our”). By installing the Application (as defined below), you agree to be bound by these terms of use (“appterms”). Please review them carefully before installation and/or acceptance.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users/customers and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.

The “Application” shall mean the software provided by Pharmarack to offer services related to Pharmarack, Pharmarack’s services and its partners’ services, to be used on Apple iOS, Android OS devices & Web Application through web browsers running on the various operating systems and platforms including PCs and any upgrades from time to time and any other software or documentation which enables the use of the Application. Any personal information you supply to Pharmarack when using the Application will be used by Pharmarack in accordance with its Privacy Policy – pharmarack.

Accounts

The Application allows you to access certain functionality available on the Pharmarack.com website. Such access will be governed by the Pharmarack Website’s/application’s Terms of Use. When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Proprietary Rights and License

All trademarks, copyright, database rights and other intellectual property rights of any nature in the Application together with the underlying software code are owned either directly by Pharmarack or by Pharmarack’s licensors. Pharmarack hereby grants you a worldwide, non-exclusive, royalty-free revocable license to use the Application for your business use or such other similar use/purpose in accordance  with these app terms.

Conditions of Use

• You will not, nor allow third parties on your behalf to (i) make and distribute copies of the Application (ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the Application; or (iii) create derivative works of the Application of any kind whatsoever.
• The Application is currently made available to you free of charge for your personal, non-commercial use. Pharmarack reserves the right to amend or withdraw the Application, or charge for the application or service provided to you in accordance with these app terms, at any time and for any reason.
• You acknowledge that the terms of agreement with your respective mobile network provider (‘Mobile Provider’) will continue to apply when using the Application. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing the Application or any such third-party charges as may arise. You accept responsibility for any such charges that arise.
• If you are not the bill payer for the mobile telephone or handheld device being used to access the Application, you will be assumed to have received permission from the bill payer for using the Application.

Availability

• This Application is available to devices running Apple iOS, Android OS Operating Systems & Web Application through web browsers running on the various operating systems and platforms including PCs.. Pharmarack will use reasonable efforts to make the Application available at all times. However you acknowledge the Application is provided over the internet and mobile networks and so the quality and availability of the Application may be affected by factors outside Pharmarack’s reasonable control.
• Pharmarack, its group of companies and sub-contractors do not accept any responsibility whatsoever for unavailability of the Application, or any difficulty or inability to download or access content or any other communication system failure which may result in the Application being unavailable.
• Pharmarack will not be responsible for any support or maintenance for the Application.

System Requirements

• In order to use the Application, you are required to have a compatible mobile telephone or handheld device, internet access, and the necessary minimum specifications (‘Software Requirements’).
• The Software Requirements are as follows: Apple iOS devices running iOS 4 or iOS 5, and Android OS devices running Android OS 2.3 onwards; Language: English.
• The version of the Application software may be upgraded from time to time to add support for new functions and services.

Obligations of Pharmarack

• In the Pharmarack Application, Customer/User shall mean not only the Distributors but also the Wholesaler, Stockist, C&F, Retailer or anyone accessing the Pharmarack Distributor Application.
• The Distributors data, which is personal in nature and specially pertaining to the name of the Distributor, its stores, Godowns, Branches and also indicative figures pertaining to the business that such Distributor conducts, shall not be shared with any third party without the permission of the Distributor management.

Obligations of Customer/User (Distributors, C&F, Stockist, Retailer, etc)

• It will be necessary for the Distributor to give consent on sharing its retailers data, product data, stock data, stock quantity and other data as mutually agreed between Pharmarack and the Distributor. This will enable the Pharmarack Application to work as intended and fulfill the objectives of the Distributor.
• It is incumbent on the Distributor to give consent and authorize Pharmarack to install its Application at the Distributors’ server or other relevant accessible Infrastructure/ location (with connectivity to server or relevant database or patch required for Pharmarack) to sync relevant data as a prerequisite for using the Pharmarack The Distributor will be required to mandatorily confirm all the fields that can be synced by Pharmarack on regular basis.
• The Pharmarack business methodology and also access to the Pharmarack Website or the Application or any other Pharmarack interface shall not be shared by the Distributor with any third party without taking prior consent from Pharmarack.
• Pharmarack  may disclose or transfer User Information (as defined in the Privacy Policy) to its affiliates in other countries, and You hereby consent to such transfer.
•  By accepting these Terms of Use and by registering on the Website, User give its consent to be contacted by Us and/or by our third party service providers.  You further consent to receive Calls, emails and messages (SMS), Whatsapp notifications and information from Us and from Third Party Service Providers including for promotions, discount and/or other service delivery related issues.

1. COLLECTION OF INFORMATION
2. User(s) privacy is important to Pharmarack and Pharmarack has taken steps to ensure that Pharmarack does not collect more information from User than is necessary for Pharmarack to provide User(s) with Pharmarack’s services and to protect User(s) account.
3. Information including, but not limited to, username, address, phone number, advertising ID, email address, business license details, date and/or year of birth and user preferences (“Registration Information”) may be collected at the time of User registration on the Platform.
4. In connection with any communication or transaction and payment services or any other services that you may avail using the Platform, information, including but not limited to, bank account numbers, billing and delivery information, credit/debit card numbers and expiration dates and tracking information (“Account Information”) may be collected, among other things, to facilitate the sale and purchase of products or services transacted on or procured through the Platform.
5. Pharmarack records and retains details of Users’ activities on the Platform. Information relating to communication or transactions including, but not limited to, the types and specifications of the goods, pricing and delivery information, any dispute records and any information disclosed in any communication forum provided by us and/or other affiliated companies of Pharmarack (“Activities Information”) may be collected as and when the communication and / or transactions are conducted through the Platform.
6. Pharmarack records and retains records of Users’ browsing or buying activities on Platform including but not limited to IP addresses, browsing patterns and User behavioural patterns. In addition, we gather statistical information about the Platform and visitors to the Platform including, but not limited to, IP addresses, browser software, operating system, software and hardware attributes, pages viewed, number of sessions and unique visitors (together “Browsing Information”).
7. Registration Information, Account Information, Activities Information, and Browsing Information are collectively referred to as User Data.
8. It is mandatory for Users of the Platform to provide certain categories of User Data (as specified at the time of collection). In the event that Users do not provide any or sufficient User Data marked as mandatory, Pharmarack may not be able to complete the registration process or provide such Users with Pharmarack’s products or services.

2. USE OF USER DATA

If you provide any User Data to Pharmarack, you are deemed to have authorized Pharmarack to collect, retain and use that User Data for the following purposes:

1. Verification of User’s identity;
2. processing User’s registration as a user, providing User with a log-in ID for the Platform and maintaining and managing User’s registration;
3. providing User with customer service and responding to User(s) queries, feedback, claims or disputes;
4. to facilitate communication between Users on the Platform and / or processing Users transactions on the Platform;
5. performing research or statistical analysis in order to improve the content and layout of the Platform, to improve Pharmarack’s product offerings and services and for marketing and promotional purposes;
6. subject to applicable laws, Pharmarack (including our affiliated companies and their designated Service Providers may use User’s name, phone number, residential address, email address, fax number and other data (“Marketing Data”) to provide notices, surveys, product alerts, communications and other marketing materials to User(s) relating to products and services offered by Pharmarack or Pharmarack’s affiliated companies;
7. if User voluntarily submit any User information or other information to the Platform for publication on the Platform through the publishing tools, then Users are deemed to have given consent to the publication of such information on the Platform; and
8. making such disclosures as may be required for any of the above purposes or as required by law, regulations, and guidelines or in respect of any investigations, claims or potential claims brought on or against us or against third parties.

3. DISCLOSURE OF USER DATA

1. User further agrees that Pharmarack may disclose and transfer User Data to third party service providers (including but not limited to data entry, database management, promotions and incentivization programs, products and services alerts, delivery services, payment extension services and financial services, authentication and verification services and logistics services) (“Service Providers”). These Service Providers are under a duty of confidentiality to Pharmarack and are only permitted to use User Data in connection with the purposes specified in clause 2 herein above.
2. User(s) agree that Pharmarack may disclose and transfer User Data to Pharmarack’s affiliated companies and/or their designated Service Providers.
3. When necessary Pharmarack may also disclose and transfer User Data to our professional advisers, law enforcement agencies, insurers, government and regulatory and other organizations.
4. Any User Data supplied by User will be retained by Pharmarack and will be accessible by our employees, any Service Providers engaged by Pharmarack and third parties referred to in clause 3 herein, for or in relation to any of the purposes stated in Clause 2 herein above.
5. All voluntary information uploaded by you on the Platform (including without limitation information about your products, images, remarks, feedbacks etc. ) may be made publicly available on the Platform and therefore accessible by any internet user. Any voluntary information that User disclose to Pharmarack becomes public information and User relinquishes any proprietary rights (including but not limited to the rights of confidentiality and copyright) in such information. User should exercise caution when deciding to include personal or proprietary information in the voluntary information that User submits to Pharmarack or uploads on the Platform.
6. While Pharmarack shall endeavour to have in place internal procedures to keep User Data secure from intruders, there is no guarantee that such measures/procedures can eliminate all of the risks of theft, loss or misuse.
7. Pharmarack may establish relationships with other parties and websites to offer User the benefit of products and services which Pharmarack does not offer. Pharmarack may offer you access to these other parties and/or their websites. This Privacy Policy does not apply to the products and services enabled or facilitated by such third parties. The privacy policies of those other parties may differ from Pharmarack, and Pharmarack has no control over the information that User may submit to those third parties. User should read the relevant privacy policy for those third parties before responding to and availing any offers, products or services advertised or provided by those third parties.

4. MINORS

The Platform and its contents are not targeted to minors (those under the age of 18). However, Pharmarack have no way of distinguishing the age of individuals who access our Platform and Pharmarack shall not be responsible for the same.

1. TRANSACTIONS BETWEEN RETAILER AND DISTRIBUTOR

• Pharmarack is merely a facilitator and is not and cannot be a party to or control in any manner any advertisement, exhibition, making available, offer to sell or transactions of sale or purchase on the Platform.
• When a product is listed for sale on the Platform by a Distributor, products sold to Retailer by the Distributor will be governed by the bipartite contractual arrangement entered into directly between the Retailer and the Distributor. Retailer agrees that Pharmarack cannot and does not confirm each Distributor’s purported identity. Pharmarack encourages Retailers to exercise discretion and caution while dealing with various Distributors.
• User further acknowledges and undertakes that it shall use the Platform or Services only for its lawful business purposes. Retailer agrees to purchase the products from the Distributor for further resale, commercial or personal purpose and shall ensure fair trade practices.
• For any Services, Pharmarack does not represent either the Distributor or the Retailer in specific transactions. Pharmarack does not control and is not liable to or responsible for the quality, safety, suitability of products, lawfulness or availability of the products or services offered for sale on the Platform, or the ability of the Distributor to complete a sale or the ability of Retailers to complete a purchase. Pharmarack does not implicitly or explicitly support or endorse the sale or purchase of any products on the Platform. At no time shall any right, title or interest in the products sold through or displayed on the Platform vest with Pharmarack nor shall Pharmarack have any obligations or liabilities in respect of any transactions on the Platform.
• Each User acknowledges that it is fully assuming the risks of conducting any purchase and sale transactions (hereinafter referred to as “Transaction Risk”) in connection with using the Platform or Services, and that it is fully assuming the risks of liability or harm of any kind in connection with subsequent activity of any kind relating to products or services that are the subject of transactions using the Platform. User acknowledges and undertakes that it is transacting on the Platform at its own risk and is using its best and prudent judgment before entering into any transactions through the Platform.
• Pharmarack shall neither be liable nor responsible for any actions or inactions of the User nor any breach of conditions, representations or warranties of the products and hereby expressly disclaims any and all responsibility and liability in that regard. Pharmarack shall not mediate or resolve any dispute or disagreement between Retailer and the Distributor of the products or any third party that is rendering services to you.
• In the event that any User has a dispute with any party to a transaction such User agrees to release and indemnify Pharmarack (and our agents, affiliates, directors, officers, personnel and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction. This clause shall also apply to any services opted for by the User by accessing any link from Pharmarack site to avail of any independent services related to the transaction of buy-sell conducted on the Platform from any third party.
• We do not make any representations pertaining to the information, content, products included on or delivery of the products or otherwise made available to User and User acknowledges that we are only acting as an intermediary between the Retailer and the Distributor. User hereby further agrees, acknowledges and confirms that we are not responsible in any way for the products purchased by the Retailer from the Distributor and it is explicitly agreed by the User that we will not in any way, under any circumstances whatsoever, be responsible or held liable for products purchased by Retailer from the Distributor and/or in relation to any issue and/or dispute thereof. User hereby further agrees, acknowledges and confirms that under the aforesaid circumstances Retailer’s only recourse will be against the Distributor and we will not be made a party to any such issue and/or dispute between the Distributor and the Retailer.
• The User(s) shall be solely responsible for obtaining all necessary third-party licenses and permissions (if any required under applicable law) regarding the right and authority (if required under applicable laws) to re-sell, trade, re-distribute or export or offer to sell, trade the products or services and such sale, trade, distribution or export or offer does not violate any applicable laws.
• User agrees to share the most relevant and updated information as mentioned in Clause 1 of these Terms and Conditions as defined herein above.

Termination

Pharmarack may terminate use of the Application and Service at any time by giving notice of termination to you. We may terminate or suspend access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, (a) the rights and licenses granted to you herein shall terminate; (b) you must cease all use of the Software. If you wish to terminate your account, you may simply discontinue using the Service and Application.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Limitation of Liability

• In no event will Pharmarack be liable for any direct, indirect, special, punitive, exemplary or consequential losses or damages of whatsoever kind arising out of your use or access to the Application, including loss of profit or the like whether or not in the contemplation of the parties, whether based on breach of contract, tort (including negligence), product liability or otherwise.
• Pharmarack is not liable to you for any damage or alteration to your equipment including but not limited to computer equipment, handheld device or mobile telephones as a result of the installation or use of the Application.
• Nothing in these Appterms shall exclude or limit Pharmarack’s liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation or any other liability which cannot be excluded or limited under applicable law.

Indemnity

• You agree to indemnify, defend and hold harmless Pharmarack and its affiliates, agents, respective employees, directors, officers, agents, managers, vendors and suppliers from and against any liability, losses, claims, damages, demands, investigations, inquiries, suits, costs and expenses (including legal fee and costs incidental thereto) asserted against or incurred, that arise out of or otherwise relating to your use of the Website and Application, including without limitation any obligation to be performed by you pursuant to these Terms. Further, you agree to hold Pharmarack harmless against any claims made by any third party due to, or arising out of or otherwise relating to your use of the Website or Application, any claim arising out of damage caused to third party by you, breach of these Terms by you, or your violation of any rights of another, including any intellectual property rights. Further, you agree to hold Pharmarack harmless against any claims made by any third party due to legal suits regarding the originality, copyright issues, your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive these Terms.
• Notwithstanding anything to the contrary, our entire liability towards You under these Terms or otherwise shall only be in connection with refund of the money charged from you for any particular product or service, under which the unlikely liability arises.

Governing Law

These Terms shall be governed and construed in accordance with the laws of India, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and Application and supersede and replace any prior agreements we might have between us regarding the Service and Application.

Disclaimer of Warranties

To the maximum extent permitted by law, and for the avoidance of doubt, save for section 2 of the Supply of Goods and Services Act 1982, Pharmarack hereby disclaims all implied warranties with regard to the Application. The Application and software are provided “as is” and “as available” without warranty of any kind.

Links to Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Pharmarack.

Pharmarack has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that Pharmarack shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Contact Us

If you have any questions about these Terms, please contact us