You agree that by clicking “Join Now”, “LOG IN”, “Sign Up”, registering, accessing or using our services (described below), you are agreeing to enter into a legally binding contract with Pharma Connect (even if you are using our Services on behalf of a company). If you do not agree to this contract (“Contract” or “User Agreement”), do not click “Join Now” (or similar) and do not access or otherwise use any of our Services. If you wish to terminate this contract, at any time you can do so by closing your account and restraining from accessing or using our Services.
This Contract applies to https://pharmaconnect.co.in/ and Pharma Connect mobile app and state that they are offered under this Contract (“Services”). Registered users of our Services are “Members” and unregistered users are “Visitors”.
- 1.3.PHARMA CONNECT
You are entering into this Contract with Pharma Connect (also referred to as “we” and “us”).
This Contract applies to Members and Visitors.
- 1.4.MEMBERS AND VISITORS
When you register and join the Pharma Connect Services, you become a Member. If you have chosen not to register for our Services, you may access certain features as a “Visitor.”
- 2.1.SERVICE ELIGIBILITY
The visitor and/or registered user is eligible to enter into this Contract and that you are of “Minimum Age of 18.” The Services are not for use by anyone under the age of 18.
To use the Services, you agree that: (1) you must be the “Minimum Age”(described above) or older; (2) you will only have one Pharma Connect account, which must be in your real name; and (3) you are not already restricted by Pharma Connect from using the Services. Creating an account with false information is a violation of our terms, including accounts registered on behalf of others or persons under the age of 18.
- 2.2.YOUR ACCOUNT
You will keep your password a secret.
You will not share your account with anyone else and will abide by our rules and the law.
As between you and others (including your employer), your account belongs to you. However, if the Services were purchased by another party for you to use (e.g. Recruiter seat bought by your employer), the party paying for such Service has the right to control, access to and get reports on your use of such paid Service. However, they do not have rights to your personal account.
You’ll honour your payment obligations and you are okay with us storing your payment information. You understand that there may be fees and taxes that are added to our prices.
Refunds are subject to our policy.
If you buy any of our paid Services (“Premium Services”), you agree to pay us the applicable fees as per the subscription plan. Failure to pay these fees will result in the termination of your paid Services. Further, you agree that:
We may store and continue billing your payment method (e.g. credit card) even after it has expired, to avoid interruptions in your Services and to use to pay other Services you may buy.
If you purchase a subscription, your payment method automatically will be charged at the start of each subscription period for the fees and taxes applicable to that period. To avoid future charges, you may cancel it before the renewal date. Learn how to cancel or suspend your Premium Services.
All of your purchases of Services are subject to Pharma Connect’s refund policy.
We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase.
You can get a copy of your invoice through your Pharma Connect account settings under Account and purchase history.
- 2.4.NOTICES AND MESSAGES
You’re okay with us providing notices and messages to you through our websites, apps, and contact information. If your contact information is out of date, you may miss out on important notices.
You agree that we will provide notices and messages to you in the following ways: (1) within the Service, or (2) sent to the contact information you provided us (e.g., email, mobile number, physical address). You agree to keep your contact information up to date.
Please review your settings to control and limit messages you receive from us.
When you share information on our Services, others can see, copy and use that information.
Our Services allow messaging and sharing of information in many ways, such as your profile, articles, group posts, links to news articles and content that you share or post may be seen by other Members, Visitors or others (including off of the Services). Where we have made settings available, we will honour the choices you make about who can see content or information (e.g., message content to your addressees, sharing content only to Pharma Connect connections, restricting your profile visibility from search engines, or opting not to notify others of your Pharma Connect profile update).
We are not obligated to publish any information or content on our Service and can remove it with or without notice.
3.RIGHTS AND LIMITS
- 3.1.YOUR LICENSE TO PHARMA CONNECT
You own all of the content, feedback and personal information you provide to us, but you also grant us a non-exclusive license to it.
We’ll honour the choices you make about who gets to see your information and content.
As between you and Pharma Connect, you own the content and information that you submit or post to the Services, and you are only granting Pharma the following non-exclusive license:
A right to use, copy, modify, distribute, publish and process, information and content that you provide through our Services, without any further consent, notice and/or compensation to you or others. These rights are limited in the following ways:
- 3.1.1. You can end this license for specific content by deleting such content from the Services, or generally by closing your account, except (a) to the extent you shared it with others as part of the Service and they copied, re-shared it or stored it and (b) for the reasonable time it takes to remove from backup and other systems.
- 3.1.2. We will not include your content in advertisements for the products and services of third parties to others without your separate consent (including sponsored content
- 3.1.3. We will get your consent if we want to give others the right to publish your content beyond the Services. However, if you choose to share your post as “public, everyone or similar”, we will enable a feature that allows other Members to embed that public post onto third-party services, and we enable search engines to make that public content findable though their services.
- 3.1.4. While we may edit and make format changes to your content (such as modifying the size, layout or file type or removing metadata), we will not modify the meaning of your expression.
By submitting suggestions or other feedback regarding our Services, you agree that we can use and share (but does not have to) such feedback for any purpose without compensation to you.
You promise to only provide information and content that you have the right to share, and that your Pharma Connect profile will be truthful.
You agree to only provide content or information that does not violate the law of India nor anyone’s rights (including intellectual property rights). You also agree that your profile information will be truthful. Pharma Connect may be required by law to remove certain information.
- 3.2.SERVICE AVAILABILITY
We may change or end any Service or modify our prices prospectively.
We may change, suspend or discontinue any of our Services. We may also modify our prices effective prospectively upon reasonable notice to the extent allowed under the law.
- 3.3.OTHER CONTENT, SITES AND APPS
Your use of others’ content and information posted on our Services, is at your own risk.
Others may offer their own products and services through our Services, and we shall not be responsible for any third-party activities.
By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. We generally do not review content provided by our Members or others. You agree that we are not responsible for others’ (including other Members’) content or information. We cannot always prevent this misuse of our Services, and you agree that we are not responsible for any such misuse. You also acknowledge the risk that you or your organization may be mistakenly associated with content about others when we let connections and followers know you or your organization were mentioned in the news. Members have choices about this feature.
Similarly, we may help you register for and/or attend events organized by Members and connect with other Members who are attendees at such events. You agree that (1) We are not responsible for the conduct of any of the Members or other attendees at such events, (2) We do not endorse any particular event listed on our Services, and (3) that you will adhere to these terms and conditions that apply to such events.
We have the right to limit how you connect and interact on our Services.
- 3.5.INTELLECTUAL PROPERTY RIGHTS
The Visitor/Registered User/ Member agree that we are the owners of all the Intellectual Property Rights in the Services including but not limited to Trademarks and logos, trade secrets, copyrights, patents, inventions. The Member who uses its own trademarks on our https://pharmaconnect.co.in/ and Pharma Connect mobile app will be owner of its own Intellectual Property Rights .
4.DISCLAIMER AND LIMIT OF LIABILITY
- 4.1.NO WARRANTY
This is our disclaimer of legal liability for the quality, safety, or reliability of our Services.
WE MAKE NO REPRESENTATION OR WARRANTY ABOUT THE SERVICES, INCLUDING ANY REPRESENTATION THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND PROVIDE THE SERVICES (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, WE DISCLAIM ANY IMPLIED OR STATUTORY WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF TITLE, ACCURACY OF DATA, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
- 4.2.EXCLUSION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW (AND UNLESS WE HAVE ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS CONTRACT), WE SHALL NOT BE LIABLE IN CONNECTION WITH THIS CONTRACT FOR LOST PROFITS OR LOST BUSINESS OPPORTUNITIES, REPUTATION (E.G., OFFENSIVE OR DEFAMATORY STATEMENTS), LOSS OF DATA (E.G., DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT) OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES.
WE SHALL NOT BE LIABLE TO ANYONE IN CONNECTION WITH THIS CONTRACT FOR ANY AMOUNT THAT EXCEEDS THE TOTAL FEES PAID OR PAYABLE BY YOU TO US FOR THE SERVICES DURING THE TERM OF THIS CONTRACT
- 4.3.BASIS OF THE BARGAIN; EXCLUSIONS
The limitations of liability in this Clause 4 are part of the basis of the bargain between you and us and shall apply to all claims of liability (e.g., warranty, tort, negligence, contract and law) even if we have been told of the possibility of any such damage, and even if these remedies fail their essential purpose.
These limitations of liability do not apply to liability for death or personal injury or for fraud, gross negligence or intentional misconduct, or in cases of negligence where a material obligation has been breached, a material obligation being such which forms a prerequisite to our delivery of services and on which you may reasonably rely, but only to the extent that the damages were directly caused by the breach and were foreseeable upon conclusion of this Contract and to the extent that they are typical in the context of this Contract.
Both you and we may terminate this Contract at any time with notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination:
Our rights to use and disclose your feedback;
Members and/or Visitors’ rights to further re-share content and information you shared through the Services;
Clause 4, 6, 7, and 8.2 of this Contract;
Any amounts owed by either party prior to termination remain owed after termination.
You can visit our Help Centre to close your account.
6.GOVERNING LAW AND DISPUTE RESOLUTION
In the unlikely event we end up in a legal dispute, you and we agree to resolve it in exclusive jurisdiction of courts located in Pune (M.S.) India.
If a court with authority over this Contract finds any part of it unenforceable, you and we agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and we agree to ask the court to remove that unenforceable part and still enforce the rest of this Contract. This Contract (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services. If we don’t act to enforce a breach of this Contract, that does not mean that we have waived its right to enforce this Contract. You may not assign or transfer this Contract (or your membership or use of Services) to anyone without our consent. However, you agree that we may assign this Contract to its affiliates or a party that buys it without your consent. There are no third-party beneficiaries to this Contract. You agree that the only way to provide us legal notice is at the addresses provided in Clause 9.
8.PHARMA CONNECT “DOS AND DON’TS”
You agree that you will:
- Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, tax laws, and regulatory requirements;
- Provide accurate information to us and keep it updated;
- Use your real name on your profile; and
- Use the Services in a professional manner.
- Develop, support or use software, devices, scripts, robots or any other means or processes (including crawlers, browser plugins and add-ons or any other technology) to scrape the Services or otherwise copy profiles and other data from the Services;
- Override any security feature or bypass or circumvent any access controls or use limits of the Service (such as caps on keyword searches or profile views);
- Copy, use, disclose or distribute any information obtained from the Services, whether directly or through third parties (such as search engines), without our consent;
- Disclose information that you do not have the consent to disclose (such as confidential information of others (including your employer));
- Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets or other proprietary rights. For example, do not copy or distribute (except through the available sharing functionality) the posts or other content of others without their permission, which they may give by posting under a Creative Commons license;
- Violate our intellectual property or other rights, including, without limitation, (i) copying or distributing our learning videos or other materials or (ii) copying or distributing our technology; (iii) using the word “Pharma Connect” or our logos in any business name, email, or URL.
- Post anything that contains software viruses, worms, or any other harmful code;
- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology that is not open source;
- Imply or state that you are affiliated with or endorsed by us without our express consent (e.g., representing yourself as an accredited Pharma Connect trainer);
- Rent, lease, loan, trade, sell/re-sell or otherwise monetize the Services or related data or access to the same, without our consent;
- Deep-link to our Services for any purpose other than to promote your profile or a Group on our Services, without our consent;
- Use bots or other automated methods to access the Services, add or download contacts, send or redirect messages;
- Monitor the Services’ availability, performance or functionality for any competitive purpose;