iComply Lifescience Solutions Private Limited (the “Company”), a company duly incorporated under the Companies Act 2013, owns and
operates www.icomplyqualityplatform.com, its mobile-friendly website and the mobile application (hereinafter referred
to as the “Channel(s)”). The Company operates in the IT and IT enabled services sector and provides strategic consulting, business
process service and technology solutions (the “Services”) world-wide through these Channels.
Any person (the “User”), by accessing and using the Channels, accepts and agrees to be bound by and to comply with (i) these
Terms of Use (the “Terms”) (ii) the Privacy Policy (the “Policy”) available on the Channels. For the purpose of these Terms of Use, the use
of terms like “we”, “us” and “ours” refers to the Company and the terms “you” and “your” refers to the User.
Please note that this document is an electronic record as per the Information Technology Act, 2000 and the rules made thereunder and the
other applicable provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This
electronic record is generated by a computer system and does not require any physical or digital signatures.
The Users are hereby requested to read the following terms and conditions very carefully as your use of service is subjected to your acceptance and compliance with the terms as provided below:
GENERAL TERMS
1.1. Information
a. All Services and other information displayed on the Channel constitute an “invitation to offer”. Your request for requiring information about the Services or your order for availing the Services through the Channel shall constitute an “Order”. The Company reserves the right to accept or reject this Offer, based on several factors as per the discretion of the Company and our response to your order shall constitute the “acceptance of offer”.
b. The User understands that based on several factors as per the rules and policies of the Company, we reserve the right to reject your acceptance and can accordingly restrict your access to the Channels.
c. The User must not transmit any worms or virus or any code or break any of our channel code of a destructive nature. The User should not try to block or disrupt contact form attached to the website.
d. No acceptance of the offer will be considered by the Company in respect of the Services offered through the Channel unless the Company provides acceptance by e-mail/calls or automated confirmation stating that it has accepted your requirement.
e. The User agrees not to reproduce, duplicate, copy, sell, resell or exploit any portion of the service, use of the service, access of the service
or contact on the website through which the service is provided, without express written permission by us.
f. Further, the Company reserves the right to block your access from the Channels if you are found acting in contravention of the Terms and/or the Policy.
g. These Terms of Use are applicable to every User who accesses the Channels, irrespective of whether the Company’s Services have been availed by the User or not. Mere access of the Company’s Channel by the User binds him/her to the Terms of Use and the Privacy Policy
h. By accessing or using the Channels, you acknowledge that you are well aware of the Terms, have read and understood them, agree to be bound by them and expressly agree not to violate any rights of the Company.
1.2. Membership Eligibility
a. By accessing the Channel, the User agrees that he/she is eligible to enter into a legally binding contract under the applicable law. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 or any other applicable law, are not eligible to use the Channel, and their access shall be restricted or blocked as soon as the Company becomes aware of the same.
b. You may use the Channels only if you are above 18 years of age. The Company reserves the right to terminate your membership and refuse to provide you with access to the Channels if the Company discovers that you are below 18 years.
c. In case of a legal entity, you represent that you have the necessary authority to bind the entity under these Terms and the Policy.
d. Those Users who choose to access the Channels and consequently avail the Company’s Services are responsible for compliance with local laws if and to the extent local laws are applicable.
1.3. Modification
The Company reserves the right at all times to discontinue or modify the Terms of Use and/or our Privacy Policy as we deem necessary or desirable without any prior notification. Any such modifications would be effective immediately. We suggest that you read our Terms and Conditions and Privacy policy from time to time to stay informed. Any use of the Channel after such modifications would be deemed to constitute acceptance of the modified terms by the User.
ACCOUNT REGISTRATION AND USE
2.1. For availing the Services provided by the Company, the Company enters into contracts with the User, post which we provide access through
controlled user id and password (the “account”) to book the Services provided by the Company and/or read/edit the patient safety information, without which the Users shall be unable to avail the Services.
2.2. The User’s profile contains several confidential details including personal data (name, age, profession, pay scale, contact number, email address, postal address, etc), banking details, booking and appointment details, previous transactions, amongst other matters.
2.3. It is the User’s responsibility to keep the account and profile details confidential at all times and not to share the same with any third person.
2.4. The Company’s representatives generally contact the Users for the purpose of following up with them, to take feedbacks, resolving their queries or for sending out periodic emails or reminders; however, any representative of the Company never contacts the Users to inquire about their account credentials or bank account details and the Users agrees to always remain vigilant and never share such information with any third person. Further, the Users are advised to inform the Company immediately regarding such faux calls/emails in order to enable the Company to take appropriate steps towards the same.
2.5. You hereby accept the responsibility for all activities that are initiated under your account and the Company shall not be liable to any person for any loss or damage which may arise as a result of any failure by the User to protect his/her personal data and the account credentials. For any suspected breach, the User should contact us immediately.
2.6. You agree to avail the Services provided by the Company for lawful purposes only and agree to comply with all applicable laws and regulations while using and transacting on the Channels.
2.7. The Company reserves the right to refuse Services, block the User’s account/profile, remove or edit the content on the Channels in its sole
discretion.
2.8. You agree to provide true, accurate, current and complete information about yourself as prompted by Company during the registration process; and for any changes in this data at a later stage, the User shall promptly inform the Company regarding the same by writing to us at info@icomplylifesciences.com.
2.9. In case, any information provided by you is found to be untrue, inaccurate or incomplete or the Company suspects such reasonable grounds to suspect such information to be untrue or inaccurate, the Company will have the right to indefinitely suspend or terminate your account and refuse to provide you with access to the Site.
PRICING AND PAYMENT INFORMATION
3.1. All the Services mentioned on the Channels are being provided by the Company; hence the Company have the exclusive control on the prices for Services.
3.2. The User agrees that there may be instances where other companies in competition with the Company may provide the Services at rates lower than the Company; however, User hereby undertakes not to take any action against the Company due to such difference.
3.3. The Company endeavours to provide quality Services and accurate pricing information, howsoever typographical and other errors may occur. In the event that a Service is listed at an incorrect price or with incorrect, the Company shall contact the User for to provide information and solution regarding the same.
3.4. The User acknowledges that prices displayed on the Channels are exclusive of taxes and the final prices inclusive of the applicable taxes shall be displayed on the payment page.
3.5. Usage Fees refers to the amount to be paid for booking the Services. You hereby agree and understand that you will have to pay the usage fee as provided on the Channel via the payment mode post which the appointment shall be confirmed.
3.6. The Company uses third-party payment providers to receive payments from the User, and therefore, the Company shall not be responsible for delays or erroneous transaction or cancellation of reservation due to payment issues.
3.7. The User agrees that the Company takes utmost care while dealing with third-party payment providers, but does not control their systems, processes, technology and workflows; hence the Company cannot be held responsible for any fault at the end of payment providers.
3.8. Please note that for any additional fee or amount charges by the bank as convenience fee for booking the Services, the Company shall not be held liable for the same.
3.9 Return and Refund policy shall be not applicable
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for
general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on
this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is
provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
CONTENT, INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS
5.1. Except for the information posted by the User, all its contents including without limitation the text and information on the Channel, the
logos, images, graphics, slogans, text, content, software, code, illustrations, icons, programs, (the “Content”); the look and feel of the Channel and the compilation and arrangement of the Content and materials exclusively belong to the Company. The User’s access or usage of the Channel does not confer upon them any right or license in the intellectual property or proprietary information of the Company as stipulated herein.
5.2. The Channels may contain certain images that are owned by third – parties and such images are posted on the Channels after taking due permission from their rightful owners and all the intellectual property rights related to such images are subject to the intellectual property rights of their owners.
5.3. In addition to the images as mentioned under Clause 5.2, the Channel may use certain images that are available for the public on the Internet but the owners of such images are unknown. These images are used on the Channel for reference only and can be pulled down from the Channel if the rightful owner of such images raises a request at a later stage. The User may also be held responsible by the owner for using such images.
5.4. Any violation of the intellectual property rights of the Company in any jurisdiction is subject to legal sanctions imposed by intellectual property laws in that jurisdiction.
5.5. Any and all the content and information posted or provided by the Users including without limitation any photos, writings, communications etc. shall belong to the User and solely and exclusively be the responsibility of the User at his own risk and the Company shall have no liability towards the same. The Company is under no obligation to monitor the information and content as stipulated herein and does not attest to the veracity, accuracy, credibility, authenticity or integrity of such information and content.
5.6. The Users agree and acknowledge that by posting any content on the Channels, the Users shall grant without any compensation a non-exclusive, worldwide, sub-licensable, transferable license to the Company in said the content to use, reproduce, distribute, display, publish, communicate, store, modify, prepare derivative works of, adapt, promote the same for the purpose of providing the Services on the Channel.
5.7. The User shall not use, post, modify, distribute or reproduce any content or material wherein the intellectual property and proprietary rights of such content and material belonging to the Company without obtaining the prior written consent of the Company, failing which the Company shall be entitled to take appropriate legal actions against such User, including terminating the usage and registration of such User.
NO WARRANTIES AND NO LIABILITY
6.1. The information contained on the Channels is for general
information purposes only. The Content is provided on “as is” basis. While we
endeavour to keep the information up to date and correct, the Company makes no
representation or warranty of any kind, expressed or implied, as to the
operation of the Channels, including but not limited to, any implied warranties
of merchantability, fitness for any particular purpose, or non-infringement.
Any reliance you place on the Channel’s Content is therefore strictly at your
own risk. In no event, the Company assumes liability for any loss or damage
including without limitation, indirect or consequential loss or damage, or any
loss or damage whatsoever arising from loss of data or profits arising out of,
or in connection with, the use of the Channels, omissions or errors (including,
without limitation, typographical errors and technical errors) in the Content
which is subject to change without notice.
6.2. The Channel may contain third-party information and links to other
websites over which the User acknowledges that we have no control and we do not
guarantee for the nature, content and availability of these third-party
webpages. We take no responsibility for the content, reliability and security
of the linked websites and we do not endorse the content or any products or
services of any kind available on such sites.
6.3. Every effort is made to keep the Channels function smoothly. However, the
Company takes no responsibility for, and will not be liable for, the Channel
being temporarily unavailable due to technical issues beyond our control.
TERMINATION
7.1. We may restrict your access and block your account/profile at any time due
to any action or omission which we deem as inappropriate and unlawful according
to our standards.
7.2. The User agrees that in event of termination, the User shall be under the
obligation to indemnify the Company or pay the damages suffered by the Company
due to the User’s actions and failure to make payment shall attract legal
implications against you, for which you own the complete liability.
INDEMNIFICATION AND DAMAGES
8.1. The User shall indemnify and hold harmless the Company against any
and all losses, liabilities, damages, costs, claims, damages including legal
expenses that may be incurred by the Company as a result of or arising out of a
User’s i) breach or violation of the provisions stipulated in these Terms of
Use ii) breach of any representation or warranty iii) availing the services
available on the Channel iv) violation of the intellectual property or
proprietary right of the Company or any third-party v) violation of the
privacy, confidentiality, information or any other right of the Company or any
third-party vi) violation of any applicable laws vii) any act, omission, fraud,
misrepresentation on part of the User.
8.2. The User shall indemnify the Company for any loss or damage that may be
caused to the Company due to any negligence/action/inaction of the User. The
User further agrees and acknowledges that the extent of such loss or damages
shall be determined by the Company in its sole discretion and the decisions of
the Company pertaining to the same shall be final and binding on the Licensee.
8.3. The foregoing right to indemnity shall be in addition to any other right
that may be available to the Company in equity or under applicable laws and the
indemnity rights shall survive the termination of this Agreement and Users
usage of the Channel.
DISCLAIMER
9.1. The Company disclaims any and all warranties, whether express or implied,
including without limitation warranties of merchantability, non-infringement or
fitness for a particular purpose except for those warranties that cannot be
excluded under applicable laws. The Company does not guarantee any specific
results from the usage of the Channel.
9.2. The Company shall not be liable, whether in contract or in tort in any
manner whatsoever for i) any interruptions in the services ii) delay in access
or interruptions on the Channel iii) loss, theft, non-delivery, destruction,
corruption, of data iv) any loss or damage incurred as a result of your access
or usage of the Channel v) occurrence of any viruses, malfunctions, system
failures, technical problems in connection with the Channel vi) inaccuracies or
omission in content v) any other event beyond the control of the Company.
9.3. The Company does not confirm the accuracy, credibility, authenticity or
veracity of any information, data, content, and listing provided by the Users
or third-party on the Channel and does not promote or endorse the same. Any
loss, liability, expenses, damages, expenses, judgments incurred by a User as a
result of reliance on or any action taken on such information shall be borne
solely and exclusively by the Users and the Company shall not bear any
liability or responsibility for the same. The User shall solely and exclusively
be responsible for verifying the information, data and content of other Users
prior to any engagement by conducting the requisite due diligence and
background checks for the same.
9.4. The Channels’ use and any resultant connection, exchange, communications
or transaction does not constitute an offer, advice, counselling,
recommendation on part of the Company and any loss, liability, expenses,
damages, judgements incurred by any User as a result of the same shall solely
and exclusively be the responsibility of and borne by such User and the Company
shall not bear any liability or responsibility for the same.
9.5. The Company takes reasonable measures and precautions for the protection
and security of the information provided by the Users on the Channel; however,
it shall not bear any responsibility or liability for any unauthorized or
inappropriate use including without limitation any copying, printing,
publishing, forging, reproductions, manipulation of the same by any other
person or entity.
9.6. The Company may from time to time make the Channel unavailable, with or
without notification, to the Users for the purpose of carrying out maintenance;
repair or upgrades and the Users agree and acknowledge that the Company shall
not be liable for any interruptions or loss of services as a result therefrom.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas,
suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening,
libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other
personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful
purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
FORCE MAJEURE
Without prejudice to any other provision herein, we will not be liable for any loss, damage or penalty as a result of any delay in or failure to
deliver or otherwise perform hereunder due to any cause beyond our control, including, without limitation, an act of God, embargo or other governmental action or regulation.
FORWARD-LOOKING STATEMENTS
The Channel may contain forward-looking statements based on beliefs of the Company, for e.g. the expected development of the Company in the coming years; the future services that may be taken up by us for the growth of the Company, amongst other matters. In view of the same, the usage of the words such as “anticipate”, “believe”, “estimate”, “expect”, “intend”, and similar words are intended to identify forward-looking statements. Such statements reflect the views of Company with respect to future events and are subject to certain risks and uncertainties that could cause actual results to be materially different from those projected herein, including, among others, regulatory and legal changes, changes in general economic and business conditions, changes in currency exchange rates and interest rates, introduction of competing products, lack of acceptance of new products or services, our ability to penetrate developing and emerging markets and changes in business
strategy. You agree that you shall not place any undue reliance on such forward-looking statements which as per the Company and its management are reasonable assumptions as on the present date and the Company undertakes no obligation to publicly update or revise any forward-looking statements.
LEGAL REMEDIES
The Company reserves the right to seek all remedies available at law and in equity for violations of these Terms by the User.
JURISDICTION
The Terms are governed by the laws of India without giving effect to any principles of conflicts of laws and the usage of the Channel by the User is subject to the exclusive jurisdiction of the courts located in Chennai, Tamilnadu.
CONTACT US:
The Users are requested to note that in case they face any trouble regarding the Channel or wish to report a security breach or have an issue that you are unable to resolve or otherwise require any other assistance with respect to the Channel or these Terms, you may contact our Grievance Officer at the below-mentioned details:
Name: Gokulkrishnan Boopathi
E-mail: info@icomplylifesciences.com