Product Title
This Agreement explains our obligations to you, and explains your obligations to us for various pharmaglobiz.com services. By using our service(s)
you agree to establish an account with us for such services. You understand that Pharmaglobiz.com is a global B2B network and your company
information and any other information you provide on Pharmaglobiz.com site may appear on Pharmaglobiz.com This Agreement will become effective after
you / we have setup your Pharmaglobiz.com account.
1.DEFINITION -
As used in this terms and conditions, the following terms have the following meanings respectively. Words given in the singular also may be construed in
their plural sense or vice versa if the context so requires. Pharmaglobiz.com means the site owned by JD Infotech "We" or "Us" or "Our" or "Site" means
Pharmaglobiz.com and/or JD Infotech as described in above line. "You" and/or "users" means any individual or business entity who is using this site.
2.USERS -
Our services are provided to individuals or companies who can form legally binding contracts under applicable law. If you do not qualify, please do not use the service.
We are obligated to advise you that any user, during accessing our site(s), must behave under related law. But we are not responsible for the possible consequence
caused by your behaviour during using process of Pharmaglobiz.com may, in its sole discretion, refuse the service to anyone at any time.
3.REGISTRATION OBLIGATIONS - If you register in Pharmaglobiz.com, you agree to:-
4.E-MAIL ADRESS, PASSWORD AND SECURITY - During the registration process, you will name an E-Mail Address and choose a Password. You are solely responsible for maintaining the confidentiality of your E-Mail Address and Password, and are fully responsible for all activities that occur under your Member ID and Password. You agree to (a) immediately notify us of any unauthorized use of your E-Mail Address or Password or any other breach of security, and (b) ensure that you properly exit the website at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure or any fishing activities to comply with this Agreement.
5.CONTENTS -
Any material, trade offers, companies and so on presented in this site is without warranties. Any information on this site may be inaccurate, incomplete or out of date.
We make no commitment to correct or update the materials, and do not check and/or control the content of any information and services or any products or services that
may appear on this site. Under no circumstances, we will not be liable for any errors or omissions in any information presented in our site(s) or for any loss or damages
of any kind incurred as a result of the use of any information contained on our site(s) also. Although we strive to take all precautions to locate and immediately dis
allow apparently fraudulent members on our B2B environment, any material, trade offers, companies and so on presented in this site is without warranties, including any
material posted by free or paid Members, We neither endorse any of the registered members by any means. We provide a trading platform where you can meet tens of thousands
of serious companies but cannot guarantee on any actions of our members (including communications with any member through our platform or outside our platforms, offers,
requests, claims, etc.).
Each User hereby represents, warrants and agrees that it has obtained all necessary third party copyright, trademark trade secret or patent licenses and permissions, or such other licenses
or permissions as may be required in connection with any other personal or proprietary rights of any third party (including but not limited to rights of personality and rights of privacy),
for any material or information it posts on the Site or provides to Pharmaglobiz.com or authorizes Pharmaglobiz.com to display. Third party copyrights, trademarks, trade secret rights,
patents and other personal or proprietary rights affecting or relating to material or information displayed on the Site, including but not limited to rights of personality and rights of
privacy, or affecting or relating to products that are offered or displayed on the Site, are hereafter referred to as "Third Party Rights." Each User hereby represents, warrants and agrees
that it shall be solely responsible for ensuring that any material or information it posts on the Site or provides to Pharmaglobiz.com or authorizes to display does not, and that the products
represented thereby do not, violate any Third Party Rights, or is posted with the permission of the owner(s) of such rights. Each User hereby represents, warrants and agrees that it has the
right to manufacture, offer, sell, import and distribute the products it offers and displays on the Site, and that such manufacture, offer, sale, importation and/or distribution of those
products violates no Third Party Rights. Each User, hereby, agrees and acknowledges that there may be risks of dealing with people acting under false pretences. Pharmaglobiz.com cannot and
does not confirm each User's registered personal or company information, including, without limitation, Top Members. Pharmaglobiz.com encourages you (user), by using your experience and
common sense, to evaluate with whom you are dealing.
Because Pharmaglobiz.com is not involved in any transaction between buyers and sellers, in the event that any user has a dispute with any party to a transaction, the User releases and agrees to
indemnify Pharmaglobiz.com from all claims, costs, expenses, demands and damages, actual and consequential, of every kind and nature, known and unknown, suspected and unsuspected, disclosed,
arising out of or in any way connected with such disputes.
Users must be aware that messages or information sent by other Users through communication systems provided by Pharmaglobiz.com or through emails and fax or letters to addresses obtained from
the Site is out of control and monitoring ability and so User acknowledges that Pharmaglobiz.com cannot be held responsible or liable for the content of these messages and information. The
message sender shall be responsible for the content of all the messages communicated, as well as the consequences of any such message.
6.Each User hereby represents, warrants and agrees that information submitted to Pharmaglobiz.com for display on the Site shall not:
For the purposes of this Agreement, the term ‘host, “hosting” or derivatives thereof means and includes hosting, displaying, uploading, modifying, publishing,
transmitting, updating and/or sharing of any information
7.LINKS
Our site(s) may contain links to other web sites. Since we provide those sites as a convenience to our users and do not control them, we will 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 such third party sites.
8.MONITORING OF INFORMATION
We reserve the right to monitor all advertisements, public postings and messages to ensure that they conform to content guidelines that are monitored by us and subject to change from time to time.
Pharmaglobiz.com reserves the right to post reports of scam or deception received about those who have violated this Agreement or the law or misused this Website or other similar services for
illegal or unethical purpose or monetary gain.
Pharmaglobiz.com reserves the right, but has no obligation to monitor the materials posted in any area of the Service. Pharmaglobiz.com shall have the right to remove any such material that violates,
or is alleged to violate, the law or this agreement. Pharmaglobiz.com has no liability or responsibility to Users for performance or non-performance of such activities. Pharmaglobiz.com reserves the
right to expel Users asnd prevent their further access to the Website for violating this Agreement or the law and the right to remove communications which are abusive, illegal, or disruptive.
9.CHARGES
Registering a member account and display of their products using the basic services are chargeable. All fees and performed services are non-refundable in any circumstances. We reserve the right
to modify the charging clause and we will notify you of the changed clause immediately. Please note that you are responsible for paying all applicable taxes and duties and for all hardware,
software, service and other costs you incur to trade or access our servers. We reserve the right to change or discontinue, temporarily or permanently, some or all of the service at any time without notice.
If you pay by credit card or debit card:
10.TERMINATION
We reserve the right to terminate your member service at any time or for any reason, with or without notice. Once your member service is terminated you agree not to post a message on our
site(s), or to assist or cause another person to post a messages on your behalf.
Members can select to terminate their membership at any time, by logging into their account and using the Contact Us page selecting Account Removal option, we will review your request and
terminate your membership. If you cannot login to your account, please use the Contact Us page selecting Account Removal option and make sure you contact us through the email address used
to register your account.
11.LIMITATION OF LIABILITY
IN NO EVENT SHALL WE OR OUR AGENTS, SUPPLIERS, AND SUBCONTRACTORS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE)
ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. OUR LIABILITY, AND THE LIABILITY OF OUR AGENTS, SUPPLIERS, AND SUBCONTRACTORS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO.
Pharmaglobiz.com makes absolutely no warranty that:
12.GOVERNING LAW AND DISPUTE RESOLUTION
The validity, performance, construction and effect of this terms and condition shall be governed exclusively by the laws of INDIA without recourse to any principles of conflict of laws.
Also, in case of any controversy, dispute, claim, or similar matter arising out of, resulting from, or in connection with this terms and conditions or a breach hereof, the parties shall
seek to resolve the matter amicably through discussions between themselves. Should such efforts be unavailing, and the parties fail to resolve such case, controversy, dispute, claim, or
similar matter within sixty (60) days, the parties shall resolve such dispute through arbitration in Indore, INDIA in accordance with the Commercial Arbitration Rules of INDIA. The
arbitration shall be conducted in English and / or hindi and the decision rendered therein shall be final and binding upon the parties.Also, we will not interfere or become involved in
any transactions between members. All transactions will be the responsibility of the members only.
13.NOTICES
All notices or demands to or upon Pharmaglobiz.com shall be effective if in writing and shall be duly made when sent to Pharmaglobiz.com in the following manner: to the address of
JD Infotech: Legal Department.
All notices or demands to or upon a User shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence,
fax or email address provided by the User to Pharmaglobiz.com, or by posting such notice or demand on an area of the Site that is publicly accessible without a charge. Notice to a
User shall be deemed to be received by such User if and when Pharmaglobiz.com is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User, or
immediately upon posting such notice on an area of the Site that is publicly accessible without charge.
Company as well as its management have created these pages and the Services as a specific feature and as a service to the global exim community.
No warranty or condition expressed or implied or statutory is being provided to the User. Company hereby specifically disclaims any quality,
durability, accuracy, reliability and all express or implied warranties including but not limited to warranties of title, merchantability,
fitness for a particular purpose or performance. Company does not make any representation or warranties of any kind about any product or Services offered,
or displayed or hosted on the Site. All such warranties, representations, conditions and undertakings are hereby excluded.
Under no circumstances shall Company be held liable for any delay or failure or disruption of the content or services delivered through the Site resulting
directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, internet failures, computer,
telecommunications or any other equipment failures, electrical power failues, strike, labor disputes, riots, insurrections, civil disturbances,
shortage of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, order of domestic or foreign courts or tribunals
or non-performance of third parties or other force majeure condition.
Listing of counterfeits, non-licensed replicas or unauthorized products is strictly prohibited on the site. Further no products can be advertised on the
site without the explicit permission from the intellectual property right holder. It is clear inter-alia that all third party intellectual property rights
are owned by the third party and not Infocom/its users.
Under no circumstances will Company be liable, direct, indirect, incidental, special, consequential or exemplary damages including but not limited to,
damages for loss of profit, goodwill, use, data or other intangible losses arising out of or in connection with the use of the Services provided by
Company (“Damages”) whether arising out of or in connection with or otherwise in relation to any business or other transaction conducted in relation
to the Service(s). The Company’s liability is limited in any and all circumstances shall be limited to the lesser of the amount of fees and/or charges
paid by the User or Rs. 10,000/- (Indian Rupees Ten Thousand).
The User hereby indemnifies and holds Company harmless against any and all losses, claims, injuries and Damages that may arise out of the User’s breach
of this Disclaimer and/or the Agreement, Illegal/Prohibited Content, Warning against Fraud and or any breach of the terms and conditions or the representations
or warranties made by the User herein or in the Agreement/usage terms.
Company reserves the right to change the nature of the paid Services offered here or discontinue its Services to a member without any prior notice.
This document is an electronic record in terms of the Information Technology Act, 2000 and the provisions pertaining to electronic records in various statues amended by the Information Technology Act, 2000.
All Users are advised to be very careful while doing business with individuals, body corporates or companies from any part of the world.
Users are advised to exercise due caution while transacting with a prospective buyer or a seller on the Site. Users must undertake interactions or
transactions with organizations and/or individuals located on or through the Site, with reasonable caution and after undertaking thorough diligence on
such organization and/or individual. Neither the Company nor its director’s, employees, officers or agents shall be liable to any User or otherwise for
any illegal or fraudulent interaction or transaction with organizations and/or individuals located on or through the Site.
Users are advised to not send any advance money/legal fee or products unless there is cash in your account or an irrevocable letter of credit from the buyer,
duly authorised by the buyer’s bank.
Users are advised not to transact business unless full payment is made to you before shipping of the products.
CREDIT CARD SCAMS - When a User receives any online Order paid by Credit Card, it is recommended that you ask for a written Credit Card Authorisation to be
faxed to you. Please get validity of the Credit Card checked with your Bank or contact VISA, Master Card or American Express directly. Unless the validity
of the Credit Card is confirmed, please do not ship any goods.
BANK DRAFT SCAMS - There have been cases of people receiving Bank Drafts with unauthorised printing of Bank Names. Before shipping
any product or advancing a partial cash advance, you must wait for the Bank to clear the Bank Draft/Check.
Registration/License/Tender Fee SCAMS - Cases have been reported where an offer is sent to buy a large number of goods after the seller pays them a
Registration/License/Tender Fee. They post Offers to BUY large quantity of Computers and other material.Once you submit your bid; you will be notified that
your Tender has been accepted. You will then be asked to pay for Legal fees and Tender Fee. DO NOT PAY ANY FEE. Don't ship any Computers/Other products
unless you have the cash in your account confirmed by your bank.
This document is an electronic record in terms of the Information Technology Act, 2000 and the provisions pertaining to electronic records in various statues amended by the Information Technology Act, 2000.