PLEASE READ THIS END USER TERMS & CONDITIONS AGREEMENT CAREFULLY.This End User Terms & Conditions Agreement (T & C) governs your use of the application, software, their associated upgrades, patches, and updates and related services to “GenericPlus currently provided or which will be provided by GenericPlus Pharmacy Pvt. Ltd or any one of its affiliated companies, including without limitation to the franchises or any other affiliates (collectively referred to as “GenericPlus Pharmacy ").
This (T&C) sets out the basis on which GenericPlus Pharmacy makes the Products available to you (“User” or “You”) and on which You may use them. GenericPlus Pharmacy’s Privacy Policy (« Privacy Policy ») which can be found on GenericPlus forms an integral part of this (T&C). By installing this Application or using the service, You agree to accept and to be bound by (1) this (T&C) and (2) the Privacy Policy at all time. If You do not agree with one of these, please do not install or use the Product.
GenericPlus reserves the right to change, modify, add or delete articles in this (T&C) at any time, in accordance with the procedures described below in Section 9.
Capitalized terms used in this (T&C) without definition shall have the meanings specified in the Terms of Use.
1. GRANT OF TERMS & CONDITIONS.
1.1 GenericPlus (or its Franchise holders) grants You a non-exclusive, non-transferable License to install and/or use the Product (in whole or in part) and any Product (the “License”), for such time until either You or GenericPlus terminates this (License).
1.2 You shall not, directly or indirectly (i) sell, rent out, lease, License, distribute, market, exploit the Product or any of its parts commercially, (ii) reverse engineer, decompile, disassemble, adapt, reproduce, or create derivate works of this Product (except if the Product enable You through a specific feature to create, generate or submit User Generated Content), in whole or in part; (iii) create, use and/or distribute “auto”, “trainer”, “script” or “macro” computer programs or other “cheat” or “hack” programs or software applications for this Product; (iv) remove, alter, disable or circumvent any copyright and trademark indications or other authorship and origin information, notices or labels contained on or within this Product and (v) export or re-export this Product or any copy of adaptation in violation of any applicable laws or regulations.
1.3 While using the Product, You agree to comply with all applicable laws, rules and regulations. You also agree to comply with certain rules of conduct that govern Your use of the Product (“Rules of Conduct”), which are not meant to be exhaustive and can be modified at any time by GenericPlus. In all cases, You may only use the Product according to anticipated use of the Product
For example purposes, and without limiting GenericPlus’s rights to take action against You, You may not:
a. create, use, share and/or publish by any means in relation to the Product any material (text, words, images, sounds, videos, etc.) which would breach of a duty of confidentiality, infringe any intellectual property right or an individual’s right to privacy or which would incite the committing of an unlawful act (in particular, piracy, cracking or circulation of counterfeit software);
b. modify, distort, block, abnormally burden, disrupt, slow down and/or hinder the normal functioning of all or part of the Product, or their accessibility to other users, or the functioning of the partner networks of the Product, or attempt to do any of the above;
c. transmit or propagate any virus, trojan horse, worm, bomb, corrupted file and/or similar destructive device or corrupted data in relation to the Product, and/or organise, participate in or be involved in any way in an attack on GenericPlus’s servers and/or the Product and/or those of its service providers and partners;
d. create, supply or use alternative methods of using the Products, for example server emulators;
e. transmitting or communicating any material or content which, in the sole and exclusive discretion of GenericPlus, is believed or deemed offensive, including, but not limited to, language that is harmful, threatening, unlawful, abusive, harassing, defamatory, disparaging, obscene, sexually explicit, or racially, ethnically, or otherwise objectionable;
f. make inappropriate use of the help service or the claim buttons or send untruthful reports to members of GenericPlus’s personnel;
g. falsely claim to be an employee or representative of GenericPlus or its partners and/or agents;
h. falsely claim an endorsement in connection with the Product or with GenericPlus.
2. OWNERSHIP.
All title, ownership rights and intellectual property rights in and to the Product (including, without limitation, all text, all messages or items of information, names, themes, objects, diagrams, concepts, videos, audio-visual effects, domain names and any other elements which are part of the Product, individually or in combination) and any and all copies thereof are owned by GenericPlus or the licensor. The Product is protected by national and international laws, copyright treaties and conventions and other laws. Any reproduction or representation of these Terms & Conditioned materials in any way and for any reason is prohibited without GenericPlus’s prior permission and, if applicable, GenericPlus’s licensors’ and representatives’. Except as expressly set forth in this T&C, all rights not granted hereunder to You are expressly reserved by GenericPlus.
This Terms & Conditions confers no title or ownership in the Product and should not be construed as a sale of any rights in the Product.
3. ACCESS TO THE PRODUCT
3.1 If You are using the Product on a Compatible Mobile Terminal, this Section 3.1 is applicable to You and to Your use of the Product:
For this T&C, “Compatible Mobile Terminal” designates any portable device capable of connecting to Internet to access the Products. The term Compatible Mobile Terminals covers in particular feature phones, smartphones , tablet computers, and personal digital assistants (PDAs).
a. Product Access. To use the Product on a Compatible Mobile Terminal, You must have access to an electronic communication network. The connection costs (including but not limited to mobile providers’ and/or carriers’ costs), shall be exclusively borne by You. You acknowledge that the quality of the Products, the response time or access to certain features may depend on the capacities of Your Compatible Mobile Terminal and of the electronic communication network. GenericPlus may in no case be held responsible for reduced user comfort. You acknowledge that the Product may not be available for use on all mobile devices or through all carriers or network service providers.
4. CONSENT TO MONITOR.
When You are using the Product, the Product may monitor Your hardware random access memory (RAM) for unauthorized third party programs prohibited by Section 1 that interact with the Product. In the event that the Product detects such an unauthorized third party program, information may be communicated back to GenericPlus, including the name of your Account, your internet protocol (IP) address, details about the unauthorized third party program detected, and the time and date that the unauthorized third party program was detected, along with the hardware specifications and performance characteristics of Your hardware, with or without additional notice to You. If the Product detects the use of an unauthorized third party program, this Terms & Conditions and Your access to the Product may be terminated with or without additional notice to You.
5. WARRANTY DISCLAIMER, LIMITATION OF LIABILITY.
YOU EXPRESSLY ACKNOWLEDGE THAT USE OF THE PRODUCT IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE PRODUCT IS SUPPLIED ON AN “AS IS” AND “AS AVAILABLE“ BASIS. GENERICPLUS AFFILIATES AND ASSOCIATED SERVICE PROVIDERS DO NOT MAKE AND HEREBY DISCLAIM ANY GUARANTEES, CONDITIONS, WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY OR OTHER TERMS INCLUDING AS TO: (A) ITS CONFORMITY, ACCURACY, CURRENTNESS, COMPLETENESS, RELIABILITY OR SECURITY (B) ITS SUITABILITY FOR A PARTICULAR USE; (C) IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT; (D) ITS MARKET VALUE; OR (E) YOUR SATISFACTION. GENERICPLUS DOES NOT WARRANT THAT THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PRODUCT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR SELECTING THE PRODUCT TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE PRODUCT. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL GenericPlus, AFFILIATES AND ASSOCIATED SERVICE PROVIDERS BE LIABLE FOR LOSS OR DAMAGE SUFFERED IN CONNECTION WITH THE USE OF THE PRODUCT OR ANY RELATED THIRD PARTY SERVICE. THIS INCLUDES WITHOUT LIMITATION (A) ALL LOSSES OF ANY KIND, WHETHER IN TORT (INCLUDING FOR NEGLIGENCE OR BREACH OF STATUTORY DUTY), CONTRACT, MISREPRESENTATION (WHETHER INNOCENT OR NEGLIGENT) OR OTHERWISE, (B) DIRECT LOSS; (C) ACCIDENTAL LOSS, (D) INCIDENTAL LOSS, (E) CONSEQUENTIAL LOSS, AND (F) INDIRECT LOSS.
NOTWITHSTANDING THE AFOREMENTIONED LIMITATIONS OF LIABILITY, YOUR SOLE REMEDY IN THE EVENT OF A DISPUTE WITH GENERICPLUS OR ITS LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS IS TO CEASE TO USE THE PRODUCT; AND IF APPLICABLE, SEEK DAMAGES FOR YOUR LOSSES. FOR ANY PRODUCT PURCHASED FOR USE ON A COMPATIBLE MOBILE TERMINAL THAT WOULD NOT MEET THE APPLICABLE LEGAL WARRANTIES, GENERICPLUS’S LIABILITY IS LIMITED TO THE REFUND (DIRECTLY OR INDIRECTLY THROUGH ITS CHANNEL PARTNERS OR ASSOCIATED SERVICE PROVIDERS) OF THE PURCHASE PRICE OF THE PRODUCT. IN NO EVENT GENERICPLUS, ITS AFFILIATES, LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS BE LIABLE FOR DAMAGES IN EXCESS OF ANY AMOUNT YOU HAVE PAID TO GENERICPLUS FOR THE PRODUCT DURING THE TWELVE (12) MONTHS IMMEDIATELY PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE.
NOTHING IN THIS SECTION 5 SHALL AFFECT GENERICPLUS’S LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM GENERICPLUS’S NEGLIGENCE, FOR FRAUD OR FRAUDULENT MISREPRESENTATION, NOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
FOR PURPOSES OF THIS SECTION 5, GENERICPLUS’S LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS ARE THIRD PARTY BENEFICIARIES TO THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN AND THEY MAY ENFORCE THIS TERMS & CONDITIONS AGAINST YOU.
6. INDEMNITY.
You are solely responsible for any damage caused to GenericPlus, its licensors, channel partners and associated service providers and subcontractors, other users of the product or any other individual or legal entity as a result of Your violation of this T&C.
YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND KEEP INDEMNIFIED GENERICPLUS AND ITS AFFILIATES, AND ASSOCIATED SERVICE PROVIDERS AND THEIR SUBCONTRACTORS AGAINST ANY CLAIM OR ALLEGED CLAIMS, LIABILITIES, LOSSES DAMAGES AND ALL COSTS (INCLUDING LAWYERS’ FEES), DIRECTLY OR INDIRECTLY ATTRIBUTABLE TO YOUR FAULT AND/OR RESULTING FROM (A) A VIOLATION OF ANY PROVISION OF THIS T&C OR (B) YOUR USE OR MISUSE OF THE PRODUCT. GenericPlus reserves the right to take sole responsibility, at its own expense, for conducting the defence of any claim for which You agreed to indemnify GenericPlus. The provisions of this Section 7 shall remain in force after termination of this T&C.
7. TERMINATION.
The T&C is effective from the earlier of the date You purchase, download or use the Product, until terminated according to its terms. You and GenericPlus may terminate this T&C, at any time, for any reason. Termination by GenericPlus will be effective upon (a) notice to You or (b) termination of Your GenericPlus Account (if any) or (c) at the time of GenericPlus’s decision to discontinue offering and/or supporting the Product. This T&C will terminate automatically if You fail to comply with any of the terms and conditions of this T&C. Upon termination for any reason, You must immediately uninstall the Product and destroy all copies of the Product in Your possession.
8. CHANGES TO THIS T&C OR TO THE PRODUCT.
GenericPlus reserves the right, in its sole and absolute discretion, to revise, update, change, modify, add to, supplement, or delete certain terms of this T&C for security, legal, best practice or regulatory reasons. Such changes will be effective with or, as applicable, without prior notice to You. You can review the most current version of this T&C by clicking on the “T&C” link located on the Product or on genericpluspharmacy.co.in (web site) You are responsible for checking this T&C periodically for changes. If any future changes to this T&C are unacceptable to You or cause You to no longer be in agreement or compliance with this T&C, You may terminate this T&C in accordance with Section 7and must immediately uninstall the Product and destroy all copies of the Product. Your continued use of the Product following any revision to this T&C constitutes Your complete and irrevocable acceptance of any and all such changes.
GenericPlus may modify the Product for any reason or without any specific reason, at any time and at its entire discretion, in particular for technical reasons such as updates, maintenance operations and/or resets to improve and/or optimize the Product. You agree that the Product may install or download the modifications automatically. You agree that GenericPlus may stop to support previous versions of the Product upon availability of an updated version. GenericPlus’s channel partners and associated service providers shall have no obligation to furnish any maintenance or customer support with respect to the Product. GenericPlus also reserves the right to amend the Rules of Conduct set out in Section 1 to place limits on the use of the Product.
9. MISCELLANEOUS
9.1 Severance. If any court of competent jurisdiction or competent authority finds that any provision of this T&C is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this T&C shall not be affected. If any invalid, unenforceable or illegal provision of this T&C would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable to reflect GenericPlus’ initial intentions.
9.2 No Waiver. No failure or delay by GenericPlus to exercise any right or remedy provided under this T&C or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy. Waiver of a right or remedy may be considered to have taken place only after signing of a written statement to this effect by GenericPlus or by the User.
9.3 Law and Jurisdiction To the extent permitted by applicable law, this T&C and any disputes or claims arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of India. You irrevocably agree that the courts of Pune have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the T&C or its subject matter or formation (including non-contractual disputes or claims).
For any question concerning this T&C, you may contact GenericPlus at the following address:
Genericplus Pharmacy Pvt. Ltd.
Office No.14, 2nd Floor, Om Shanti CHS Ltd, 42/44, Babu Genu Road, Kalbadevi, Mumbai City, Maharashtra. 400002
Email-prm@genericpluspharmacy.co.in Contact No. +91 9370664495
THIS T&C IS APPLICABLE ONLY TO THE EXTENT AUTHORISED BY LAW.
As modified and uploaded on 14th April 2022