Terms And Conditions
THIS DOCUMENT IS AN ELECTRONIC CONTRACT RECOGNISED UNDER THE PROVISIONS OF THE INFORMATION TECHNOLOGY ACT
OF 2000 READ ALONG WITH ITS RULES, AND OUTLINES THE TERMS ON WHICH A USER MAY THROUGH ITS WEB
APPLICATION or APP –STOKLO (“App”), OWNED AND OPERATED BY SKYRATH PRIVATE LIMITED.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL
RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT
GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND
REGULATIONS.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE WEBSITE/APP OR APP OR
SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE WEBSITE/APP OR THROUGH THE
SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE
TERMS(AS APPLICABLE), WHETHER OR NOT YOU HAVE REGISTERED WITH THE WEBSITE/APP. IF YOU DO NOT AGREE TO
THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE WEBSITE/APP, SERVICES, OR COLLECTIVE CONTENT.
IF YOU ACCEPT OR AGREE TO THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND
WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT COMPANY OR OTHER LEGAL ENTITY TO THESE TERMS AND, IN
SUCH EVENT, "YOU" AND "YOUR" WILL REFER AND APPLY TO THAT COMPANY OR OTHER LEGAL ENTITY.
SKYRATH PRIVATE LIMITED. (HEREINAFTER REFERRED TO AS “COMPANY”, “WE”, ‘’US” OR “OUR”) MAY REVISE
THESE TERMS OF SERVICE INCLUDING PRIVACY POLICY, AT ITS DISCRETION. WE DO NOT HAVE ANY OBLIGATION OR
RESPONSIBILITY TO INFORM OR INTIMATE YOU IN ANY MANNER, DIRECTLY OR INDIRECTLY, OF THE POSTING ONCE
UPDATED OR PRIOR TO SUCH UPDATION. YOUR USE OF THE WEBSITE/APP (DEFINED BELOW) FOLLOWING ANY SUCH
MODIFICATION CONSTITUTES YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THE TERMS OF USE AS MODIFIED. ANY
ADDITIONAL TERMS AND CONDITIONS, DISCLAIMERS, PRIVACY POLICIES,REFUND POLICY AND OTHER POLICIES
APPLICABLE TO GENERAL AND SPECIFIC AREAS OF THIS WEB SITE OR TO PARTICULAR CONTENT ARE ALSO CONSIDERED
AS TERMS OF USE. YOU SHOULD VISIT THIS PAGE PERIODICALLY TO REVIEW THE TERMS OF USE, BECAUSE THEY ARE
BINDING ON YOU. THE TERMS "YOU","USER"AND “SERVICE PROVIDER” AS USED HEREIN REFER TO ALL INDIVIDUALS
AND/OR ENTITIES ACCESSING THE WEB SITE/APP FOR ANY REASON, AS APPLICABLE TO SUCH INDIVIDUALS AND/OR
ENTITIES ACCESSING THE WEB SITE/APP.
PART A –GENERAL TERMS RELATING TO WEBSITE/APP
SERVICES
1.Website/App/APP
You agree and acknowledge the
following:
- 1.1 that we are not a Seller of the products listed on this Website/App; that we are not an advertiser of any of the items listed on this Website/App; that we are not a party to the transactions between registered users on this Website/App. The Website/App only provides the venue for registered users to privately transact for trade of pharmaceutical products, medicines, supplements, equipment, and healthcare products and devices(“Items”).
- 1.2 We are not involved in the actual transaction or transfer of Items between users. We recommend that you take precautionary measures when communicating with other users and entering into any transaction.
- 1.3 We make no representation as to the truthfulness of other users on this Website/App. We recommend that you take precautionary measures to determine another user’s age, identity, location, and authority to enter into contracts.
- 1.4 We make no representation that users on this Website/App shall complete the transfer of the Item or deliver the Item to the buyer; nor that a user has truthfully and accurately described an Item posted on the Website/App; or that the transfer of an Item complies with applicable legal requirements for the transaction.
- 1.5 Although we may provide references to relevant laws, nothing on this Website/App is meant to constitute legal advice. You should check with your country’s laws to ensure you are in full compliance with legal requirements. If you are unsure about proper compliance, seek the assistance of a licensed and qualified attorney. You shall be permitted to access the Website/App Services (as defined below) only upon creating an Account (as defined below) and obtaining a registration on the Website/App.
2.Registration
- 2.1 You shall be permitted to access the Website/APP only upon creating an Account (as defined below) and obtaining a registration on the Website/App/APP.
- 2.2 Your ability to continue using the Website/App is subject to Your continued registration on the Website/App.
-
3. Services
The Website/App provides the following services (collectively, “Website/App Services”):
3.1 To the Users:
- (a) It allows Users to view the profiles of all service providers registered on the Website/App(hereinafter referred to as “Registered Service Providers”)for the sale of Items and related services, along with their service offerings, offers, packages and prices;
- (b) It enables Users to locate the nearest and preferred Registered Service Providers factoring in the User’s location, requirement and preference;
- (c) It facilitates regular interface of Users with their chosen Registered Service Provider to purchase the Items, and online payment for services through the Website/App;
- (d) It provides Users with the option to post feedback and ratings in relation to any Registered Service Provider products may have been purchased by the User;
- (e) It facilitates periodic reminders from Registered Service Providers to the Users; and
- (f) It serves as a medium to drive improvements in the quality of service provided by Registered Service Providers based on User feedback
3.2 To the Service Providers:
- (a) It allows the Users to access to all Items offered by the Service Providers on the Website/App;
- (b) It enables the Service Providers to effectively communicate their service offerings, with respect to Items for sale, packages, promotions, and prices to the registered customers of the Website/App
- (c) It facilitates regular interface of the Service Providers with the registered customers for receiving and accepting the orders to Purchase the Items, provided the Service Provider has availed of the facility to accept bookings and payment for the Items through the Website/App.
- (d) It facilitates improvement in the quality of the services provided by the Service Providers on the basis of customer reviews and feedback
The Company may, at its discretion, add, modify or remove any of the Website/App Services listed above
from time to time without notice.
3.3 The Company is only a facilitator between You and the
Registered Service Provider. Any contract for Items purchased between You and the Registered Service
Provider shall strictly be a bipartite contract between You and the Registered Service Provider and the
Company shall not be a party to the same. The Company shall not and is not required to mediate or
resolve any dispute or disagreement between You and the Registered Service Providers.
3.4 The
Company has not independently verified and does not guarantee the truthfulness of the credentials of the
Registered Service Provider and any description of their business, authorisations, Items offerings
including the nature of services, pricing, location, contact details, etc. Provided by the Registered
Service Provider. Such information has been collected from the concerned Registered Service Provider,
who has guaranteed the truthfulness and completeness of the same and the Company shall not in any
manner, be responsible or liable for the such information.
3.5 The Website/App shall also
display the cost of the Items for sale by the Registered Service Providers including the applicable
taxes payable.
3.6 Any Items once paid for purchases on the Website/App, cannot be cancelled or
modified by You after the goods are in dispatch state. The Company shall refund all amounts (adjusting
for charges, if any) collected from You towards such Items purchased that were cancelled by You and/or
the Registered Seller, in the form of MediMoney in Medi Wallet, within 15 business days of such
cancellation.
3.7 It shall be the responsibility of the Registered Service Provider to honour
the purchase of the Items made by You. The Company is not responsible, and has no liability for the
genuineness, the quality or completeness of such transactions provided by the Registered Service
Providers to You, including any delay in services by the Registered Service Providers or cancellation of
any Items purchase made with a Registered Service Provider by You through the Website/App, or any
offers, discounts or service packages communicated by the Registered Service Providers, or for any
misconduct or fraud committed by a Registered Service Provider or its employees, representatives, etc.
The Company cannot be called upon to provide any guarantee/security with respect to the Items sold by
the Registered Service Provider/ purchased by the User.
3.8 You may conduct searches on the
Website/App to look for Registered Service Providers to process Your requirements. The results for
searches are derived on the basis of an algorithm which considers various factors, including but not
limited to, the proximity to location from where the service request has been made, User reviews and
feedback, pricing, etc. Alternatively, the Registered Service Providers may be listed on the basis of
User-selected search criteria. In either case, the Company does not have any control over the results of
searches carried out by You on the Website/Aphtha result of any search for Registered Service Providers
conducted by You on the Website/App shall not be construed as the opinion or preference of the
Company.
3.9 As part of the Website/App Services provided to You, after making any purchase of
any Item/s from a Registered Service Provider, You agree to provide honest feedback/review about the
concerned Registered Service Provider. You agree and accept that the ratings provided on the Website/App
are on the basis of the feedback and comments of the Users and that the Company is no way responsible or
liable for the same. All views and opinions expressed on the Website/App, are those of the individual
Users only, and do not in any way reflect the opinion of the Company.
3.10 Any purchase of
Items made by You through the Website/App maybe subject to the additional terms and conditions mentioned
therein, which You are presumed to have read and accepted at the time of making the service booking.
3.11 Currently all Website/App Services are provided to you at no cost. However, the Company
reserves the right to charge a fee for any of the Website/App Services at any time, without specifically
informing You of the same. Any revision of fee shall be notified on the Website/App and shall be
applicable for Website/App Services availed after such notification.
4. Payment
Services
4.1 With respect to Item/s purchased by You through the Website/App, the
amount and manner of payment will be either be on the basis of Cash on Delivery (COD) made directly to
the logistics partner’s executive, appointed by the Company or may be permitted/required to be made
online by You using the payment services available on the Website/App. In the event that full payment of
any Registered Service Provider is not undertaken on the Website/App at the time of order booking, it
shall be Your responsibility to pay the amounts due, in the manner agreed while placing the order on the
Website/App.
4.2 To the extent permitted by applicable law and subject to the Company’s Privacy
Policy, you acknowledge and agree that the Company may use certain third-party vendors and service
providers, including payment gateways, to process payments and manage payment card information.
4.3 In order to make payments online, You undertake to use a valid payment card, to have sufficient
funds or credit available to complete the payment and have an Account on the Website/App in good
standing. By providing payment card information, You represent, warrant, and covenant that: (1) You are
legally authorized to provide such information; (2) You are legally authorized to perform payments from
the payment card account; and (3) such action does not violate the terms and conditions applicable to
Your use of such payment card account or applicable law. You agree that You are responsible for any fees
charged by Your mobile carrier in connection with Your use of the payment services through Your mobile.
The Company shall use the payment card information as described in the Company’s Privacy Policy. You may
add, delete, and edit the payment card account information You have provided from time to time through
the Website/App.
4.4 Except to the extent otherwise required by applicable law, the Company is
not liable for any payments authorized through the Website/App using Your payment card information.
Particularly, the Company is not liable for any payments that do not complete because: (1) Your payment
card account does not contain sufficient funds to complete the transaction or the transaction exceeds
the credit limit of the payment card account; (2) You have not provided the Company with correct payment
card information; (3) Your payment card has expired; or (4) circumstances beyond the Company’s control
(such as, but not limited to, power outages, interruptions of cellular service, or any other
interferences from an outside force) prevent the execution of the transaction.
PART A
–GENERAL TERMS RELATING TO WEBSITE/APP SERVICES
1. Use of
Website/App
1.1 Use of and access to the Website/App is offered to You upon the
condition of acceptance of all the terms, conditions and notices contained in these Terms of Use, along
with any amendments made by the Company at its sole discretion and posted on the Website/App.
1.2 The Company shall not be required to notify You, whether as a registered User or not, of any changes
made to the Terms of Use. The revised Terms of Use shall be made available on the Website/App. You are
requested to regularly visit the homepage to view the most current Terms of Use. You can determine when
the Company last modified the Terms of Use by referring to the “Last Updated” legend above. It shall be
Your responsibility to check these Terms of Use periodically for changes. The Company may require You to
provide Your consent to the updated Terms of Use in a specified manner prior to any further use of the
Website/App and Website/App Services. If no such separate consent is sought, Your continued use of the
Website/App, following the changes to the Terms of Use, will constitute Your acceptance of those
changes. Your use of the Website/App and the Website/App Services is subject to the most current version
of the Terms of Use made available on the Website/App at the time of such use.
1.3 By (i) using
this Website/App or any Website/App Services in any way; or (ii) merely browsing the Website/App, You
agree that You have read, understood and agreed to be bound by these Terms of Use and the Website/App’s
Privacy Policy available at [www.stoklo.com].
2. Eligibility to Use
2.1 The Website/App Services are not available to minors under the age of 18 (eighteen)years or to any
Users suspended or removed by the Company for any reason whatsoever. If You do not conform to the above
qualification, You shall not be permitted to avail of the Website/App Services or use or register on the
Website/App. You represent that You are of legal age to form a binding contract and are not a person
barred from receiving Website/App Services under the applicable laws.
2.2 The Company reserves
the right to refuse access to the Website/App or Website/App Services to new Users or to terminate
access granted to existing Users at any time without according any reasons for doing so.
2.3
You shall not have more than one active Account (as defined hereinafter) on the Website/App.
Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to
another party.
3. User Account, Password, and Security
3.1 In order
to avail the Website/App Services, You will have to register on the Website/App and create an account
("Account"). If you are using the Website/App on a compatible mobile or tablet, you
will have to install the application and then proceed with registration. You agree to provide details
about Yourself, including Your name, address, contact details, email, and KYC documents such as valid
drug license, valid food license, valid GST (if applicable), and/or other documents related to your
business as necessary.
3.2 You shall ensure and confirm that the Account information provided
by You is complete, accurate and up to date. If there is any change in the Account information, You
shall promptly update Your Account information on the Website/App. If You provide any information that
is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or
incomplete), or if the Company has reasonable grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, the Company has the right to suspend or terminate Your Account
and refuse any and all current or future use of the Website/App(or any portion thereof) at its
discretion, in addition to any right that the Company may have against You at law or in equity, for any
misrepresentation of information provided by You.
3.3 You will be responsible for maintaining
the confidentiality of the Account information, and are fully responsible for all activities that occur
under Your Account. You agree to (a) immediately notify the Company of any unauthorized use of Your
Account information or any other breach of security, and (b) ensure that You exit from Your Account at
the end of each session. The Company cannot and will not be liable for any loss or damage arising from
Your failure to comply with this provision. You may be held liable for losses incurred by the Company or
any other user of or visitor to the Website/App due to authorized or unauthorized use of Your Account as
a result of Your failure in keeping Your Account information secure and confidential.
3.4 Use
of another User’s Account information for availing the Website/App Services is expressly prohibited.
4. User Representations and Obligations
4.1 Subject to compliance with
the Terms of Use, the Company grants You a non-exclusive, limited privilege to access and use this
Website/App and the Website/App Services.
4.2 You agree to use the Website/App Services,
Website/App and the materials provided therein only: (a) for purposes that are permitted by the Terms of
Use; and (b) in accordance with any applicable law, regulation or generally accepted practices or
guidelines.
4.3 You agree to not engage in activities that may adversely affect the use of the
Website/App by Registered Service Providers/ Company/other Users.
4.4 You agree not to access
(or attempt to access) the Website/App and the materials or Website/App Services by any means other than
through the interface that is provided by the Company. You shall not use any deep-link, robot, spider or
other automatic device, program, algorithm or methodology, or any similar or equivalent manual process,
to access, acquire, copy or monitor any portion of the Website/App or Content (as defined below), or in
any way reproduce or circumvent the navigational structure or presentation of the Website/App, materials
or any Content, to obtain or attempt to obtain any materials, documents or information through any means
not specifically made available through the Website/App.
4.5 You acknowledge and agree that by
accessing or using the Website/App or Website/App Services, You may be exposed to content from others
(including but not limited to, Registered Service Providers and other Users) that You may consider
offensive, indecent or otherwise objectionable. The Company disclaims all liabilities arising in
relation to such offensive content on the Website/App.
4.6 If the Website/App allows You to
post and upload any material on the Website/App, You hereby undertake to ensure that such material is
not offensive and is in accordance with applicable laws. All material added, created, uploaded,
submitted, distributed, or posted to the Website/App by You is Your sole responsibility.
4.7
You hereby do and shall grant the Company a worldwide, non-exclusive, perpetual, royalty-free,
sub-licensable and transferable license to use, reproduce, disclose, distribute, translate and otherwise
fully exploit any such material, in connection with the Website/App and the Company’s(and the Company’s
successors’ and assigns’) businesses, including without limitation, for promoting the Website/App in any
media formats and through any media channels. You represent and warrant that You have all rights to
grant such licenses to the Company without infringement or violation of any third party rights,
including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract
rights, or any other intellectual property or proprietary rights.
4.8 Further, You undertake
not to:
- Defame, abuse, harass, threaten or otherwise violate the legal rights of others;
- Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
- Publish, post, upload, distribute or disseminate any information that is harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, hateful, or racially, ethnically objectionable, disparaging, inappropriate, profane, infringing or otherwise unlawful in any manner whatever; or that threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation;
- Upload files that contain software or other material protected by applicable intellectual property laws unless You own or control the rights thereto or have received all necessary consents;
- Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website/App or another's computer;
- Engage in any activity that interferes with or disrupts access to the Website/App or the Website/App Services (or the servers and networks which are connected to the Website/App);
- Attempt to gain unauthorized access to any portion or feature of the Website/App, any other systems or networks connected to the Website/App, to any Company server, or to any of the Website/App Services offered on or through the Website/App, by hacking, password mining or any other illegitimate means;
- Probe, scan or test the vulnerability of the Website/App or any network connected to the Website/App, nor breach the security or authentication measures on the Website/App or any network connected to the Website/App. You may not reverse look-up, trace or seek to trace any information on any other user (Registered Service Provider, or User), of or visitor to, the Website/App, to its source, or exploit the Website/App or Website/App Services or information made available or offered by or through the Website/App, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided on the Website/App;
- Disrupt or interfere with the security of, or otherwise cause harm to, the Website/App, systems resources, accounts, passwords, servers or networks connected to or accessible through the Website/App or any affiliated or linked sites;
- Collect or store data about others (Registered Service Providers and Users) in connection with the prohibited conduct and activities set forth in this Section.
- Use any device or software to interfere or attempt to interfere with the proper working of the Website/App or any transaction being conducted on the Website/App, or with any other person’s use of the Website/App;
- Use the Website/App or any material or Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of the Company or other third parties;
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
- Violate any code of conduct or other guidelines, which may be applicable for or to any particular Website/App Service;
- Violate any applicable laws or regulations for the time being in force within or outside India;
- Violate the Terms of Use contained herein or elsewhere; and
- Reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website/App.
4.9 The Company reserves the right to review any information/data uploaded by You on the Website/App and
delete any information/data that is inconsistent with these Terms of Use. You agree that You are solely
responsible to the Company and to any third party for any breach of Your obligations under the Terms of
Use and for the consequences (including any loss or damage which the Company or its affiliates may
suffer) for any such breach.
4.10 You agree that the Company may, at any time, modify or
discontinue all or part of the Website/App, charge, or offer opportunities to some or all Users.
5. Use of Materials
5.1 Except as expressly indicated herein, the Company
hereby grants You a non-exclusive, freely revocable (upon notice from the Company), non-transferable
access to view, download and print any materials available on the Website/App, subject to the following
conditions:
- You may access and use the materials solely for personal, informational, and internal purposes, in accordance with the Terms of Use;
- You may not modify or alter the materials available on the Website/App;
- You may not distribute or sell, rent, lease, license or otherwise make the materials on the Website/App available to others; and
- You may not remove any text, copyright or other proprietary notices contained in any materials available on the Website/App
5.2 The rights granted to You in the materials as specified above are not applicable to the design,
layout or look and feel of the Website/App. Such elements of the Website/App are protected by
intellectual property rights and may not be copied or imitated in whole or in part.
5.3 Any
software that is available on the Website/App is the property of the Company. You may not use, download
or install any software available on the Website/App, unless otherwise expressly permitted by these
Terms of Use or by the express written permission of the Company.
6. Usage
Conduct
6.1 You shall solely be responsible for maintaining the necessary computer
equipment and internet connections that may be required to access, use and transact on the
Website/App.
7. Intellectual Property Rights
7.1 Subject to Section 8
below, the Website/App and the processes, and their selection and arrangement, including but not limited
to, all text, graphics, user interfaces, visual 9interfaces, sounds and music (if any), artwork and
computer code (collectively, the “Content”) on the Website/App is owned and controlled by the Company
and the design, structure, selection, coordination, expression, look and feel and arrangement of such
Content is protected by copyright, patent and trademark laws, and various other intellectual property
rights.
7.2 The trademarks, logos and service marks displayed on the
Website/App (“Marks”) are the property of the Company or other respective
third parties, as the case may be. You are not permitted to use the Marks without the prior consent of
the Company, or the third party that may own the Marks.
7.3 Except as expressly provided
herein, You acknowledge and agree that You shall not copy, republish, post, display, translate,
transmit, reproduce or distribute any Content through any medium without obtaining the necessary
authorization from the Company.
8. Third Party Content
The
Website/App makes available general third party information and other data from external
sources (“Third Party Content”). The provision of Third Party Content is for
general informational purposes only. You acknowledge that the Third Party Content provided to You is
obtained from sources believed to be reliable. The Company does not provide any guarantee with respect
to the truthfulness, credibility and the genuineness of any Third Party Content and the Company shall
not be held liable for any loss suffered by You based on Your reliance on or use of such Third Party
Content.
9. Disclaimer Of Warranties & Liability
YOU EXPRESSLY
UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
9.1 THE
WEBSITE/APP, WEBSITE/APP SERVICES, AND OTHER MATERIALS ARE PROVIDED BY THE COMPANY ON AN “AS IS” BASIS
WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES
OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE
FOREGOING, THE COMPANY MAKES NO WARRANTY THAT (I) THE WEBSITE/APP OR THE WEBSITE/APP SERVICES WILL MEET
YOUR REQUIREMENTS OR YOUR USE OF THE WEBSITE/APP OR THE WEBSITE/APP SERVICES WILL BE UNINTERRUPTED,
TIMELY, SECURE OR ERROR-FREE; (II) THERESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE/APP, OR
WEBSITE/APP SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE; (III) THE QUALITY OF THE WEBSITE/APP OR
WEBSITE/APP SERVICES WILL MEET YOUR EXPECTATIONS; OR (IV) ANY ERRORS OR DEFECTS IN THE WEBSITE/APP OR
WEBSITE/APP SERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY
YOU FROM THE COMPANY OR THROUGH USE OF THE WEBSITE/APP SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THE TERMS OF USE.THE WEB SITE DOES NOT FACILITATE THE PURCHASE OF PHARMACEUTICAL PRODUCTS, AND
ONLY ADVERTISES AND/OR SHOWCASES THE PHARMACEUTICAL PRODUCTS POSTED BY USERS(S). USER(S) INVOLVED IN THE
PURCHASE AND SUPPLY OF PHARMACEUTICAL PRODUCTS HEREBY AGREE TO ABIDE BY AND BE COMPLIANT OF ANY
APPLICABLE LAWS, RULES, REGULATIONS, NOTIFICATIONS OR ORDERS ISSUED 10BY THE GOVERNMENT OF INDIA OR ANY
OF ITS AGENCIES FROM TIME TO TIME IN THIS REGARD INCLUDING BUT NOT LIMITED TO DRUGS AND COSMETICS ACT,
1940, DRUGS AND COSMETICS RULES, 1945 ("DRUG RULES"), DRUGS ANDMAGIC REMEDIES (OBJECTIONABLE
ADVERTISEMENTS) ACT, 1954 ("DRUG AND MAGIC REMEDIES ACT").
9.2 THE COMPANY WILL HAVE NO
LIABILITY RELATED TO ANY REGISTERED SERVICE PROVIDER/USERCONTENT ARISING UNDER INTELLECTUAL PROPERTY
RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. THE COMPANY ALSO DISCLAIMS ALL LIABILITY
WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY REGISTERED SERVICE
PROVIDER/USERCONTENT.
9.3 THE COMPANY WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A
CONSEQUENCE OF UNAUTHORIZED USE OF YOUR ACCOUNT OR ACCOUNT INFORMATION IN CONNECTION WITH THE
WEBSITE/APP OR ANY WEBSITE/APP SERVICES, EITHER WITH OR WITHOUT YOUR KNOWLEDGE.
9.4 THE COMPANY
HAS ENDEAVORED TO ENSURE THAT ALL THE INFORMATION ON THE WEBSITE/APP IS CORRECT, BUT THE COMPANY NEITHER
WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE QUALITY, ACCURACY OR COMPLETENESS OF ANY DATA,
INFORMATION, OR WEBSITE/APP SERVICE. THE COMPANY SHALL NOT BE RESPONSIBLE FOR THE DELAY OR INABILITY TO
USE THE WEBSITE/APP OR RELATED FUNCTIONALITIES, THE PROVISION OF OR FAILURE TO PROVIDE FUNCTIONALITIES,
OR FOR ANY INFORMATION, SOFTWARE, FUNCTIONALITIES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE/APP,
OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE/APP, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE,
STRICT LIABILITY OR OTHERWISE. FURTHER, THE COMPANY SHALL NOT BE HELD RESPONSIBLE FOR NON-AVAILABILITY
OF THE WEBSITE/APP DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE
WEBSITE/APP THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON BEYOND THE COMPANY'S CONTROL.
YOUUNDERSTAND AND AGREE THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE
WEBSITE/APP IS DONE ENTIRELY AT YOUR OWN DISCRETION AND RISK,AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR
ANY DAMAGE TO YOUR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR
DATA.
10. Indemnification and Limitation of Liability
10.1 You agree
to indemnify, defend and hold harmless the Company and its affiliates including but not limited to
its(and its affiliates’) officers, directors, consultants, agents and employees(“Indemnitees”)from and
against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal
fees and disbursements in connection therewith and interest chargeable thereon) asserted against or
incurred by the Indemnitees that arise out of, result from, or may be payable by virtue of, any breach
or non-performance of any representation, warranty, covenant or agreement made or obligation to be
performed by You pursuant to these Terms of Use. Further, You agree to hold the Indemnitees harmless
against any claims made by any third party due to, or arising out of, or in connection with, Your use of
the Website/App or Website/App Services, Your violation of the Terms of Use, or Your violation of any
rights of another, including any intellectual property rights.
10.2 In no event shall the
Company, its officers, directors, consultants, agents and employees, be liable to You or any third party
for any special, incidental, indirect, consequential or punitive damages whatsoever, including those
resulting from loss of use, data or profits, whether or not foreseeable or whether or not the Company
has been advised of the possibility of such damages, arising out of or in connection with (i) Your use
of or access to the Website/App, Website/App Services or materials on the Website/App; or (ii) services
provided by Registered Service Providers.
10.3 The limitations and exclusions in this Section
apply to the maximum extent permitted by applicable laws
11. Violation of the Terms of
Use
11.1 You agree that the Company may, in its sole discretion and without prior
notice, terminate Your access to the Website/App for cause, delist You and block Your future access to
the Website/App if the Company determines that You have violated these Terms of Use. You also agree that
any violation by You of these Terms of Use will constitute an unlawful and unfair business practice, and
will cause irreparable harm to the Company, for which monetary damages would be inadequate, and You
consent to the Company obtaining any injunctive or equitable relief that the Company deems necessary or
appropriate in such circumstances. These remedies are in addition to any other remedies that the Company
may have at law or in equity.
11.2 If the Company does take any legal action against You as a
result of Your violation of these Terms of Use, the Company will be entitled to recover from You, and
You agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other
relief granted to the Company.
12. Termination
12.1 The Terms of Use
will continue to apply until terminated by either You or the Company as set forth below. If You want to
terminate Your agreement with the Company, You may do so by (i)closing Your Account on the Website/App;
and (ii) not accessing the Website/App.
12.2 The Company may, at any time, with or without
notice, terminate the Terms of Use with You if:
- You breach any of the provisions of the Terms of Use, the Privacy Policy or any other terms, conditions, or policies that may be applicable to You from time to time (or have acted in a manner that clearly shows that You do not intend to, or are unable to, comply with the same);
- The Company is required to do so by law (for example, where the provision of the Website/App Services to You is, or becomes, unlawful or upon receiving request for termination by law enforcement or other government agencies);
- The provision of the Website/App Services to You by the Company is, in the opinion of the Company, no longer commercially viable or in any way detrimental to the Company, its business or the Website/App; or
- The Company has elected to discontinue, with or without reason, access to the Website/App, Website/App Services or any part thereof.
12.3 The Company may also terminate or suspend all or a portion of Your Account or access to
the Website/App Services with or without reason. Termination of Your Account may include: 12(i) removal
of access to all offerings within the Website/App or with respect to the Website/App Services; (ii)
deletion of Your records and Account information, including Your personal information, log-in ID and
password, and all related information, files and materials associated with or inside Your Account (or
any part thereof); and (iii) barring of further use of the Website/App and Website/App Services.
12.4 The termination of Your Account shall not relieve You of any liability that You may have
incurred or may incur in relation to use of Website/App Services provided prior to such termination.
12.5 You agree that all terminations shall be made in the Company’s sole discretion and that the
Company shall not be liable to You or any third party for any termination of Your Account, or Your
access to the Website/App and Website/App Services.
12.6 If You or the Company terminate Your
use of the Website/App, the Company may delete any content or other materials relating to Your use of
the Website/App or the Website/App Services and the Company will have no liability to You or any third
party for doing so.
13. Governing Law
13.1 These Terms of Use and all
transactions entered into on or through the Website/App and the relationship between You and the Company
shall be governed in accordance with the laws of India without reference to conflict of laws
principles.
13.2 You agree that all claims, differences and disputes arising under or in
connection with or in relation to the Website/App the Terms of Use or any transactions entered into on
or through the Website/App or the relationship between You and the Company shall be subject to the
exclusive jurisdiction of the Courts at Mumbai, India and You hereby accede to and accept the
jurisdiction of such Courts.
14. Report Abuse
In the event You come
across any abuse or violation of these Terms of Use or if You become aware of any objectionable content
on the Website/App, please report the same to the following e-mail id:support@stoklo.com
15. Communications
15.1 You hereby expressly agree to receive communications
by way of SMS and/or e-mails from the Company relating to the Website/App Services provided through the
Website/App.
15.2 You can unsubscribe/ opt-out from receiving communications from the Company
through e-mail anytime by writing to us at support@stoklo.com
16. General
Provisions
16.1 Notice: All notices from the Company
will be served by email to Your registered email address or by general notification on the Website/App.
Any notice provided to the Company pursuant to the Terms of Use should be sent
to support@stoklo.com with subject line -Attention: TERMS OF USE.
16.2 Assignment: You cannot assign or otherwise transfer the Terms of Use, or
any rights granted here under to any third party. The Company’s rights under the Terms of Use are freely
transferable by the Company to any third party without the requirement of seeking Your consent.
16.3 Severability: If, for any reason, a court of competent jurisdiction
finds any provision of the Terms of Use, or any portion thereof, to be unenforceable, that provision
shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as
reflected by that provision, and the remainder of the Terms of Use shall continue in full force and
effect.
16.4 Waiver: Any failure by the Company to enforce or
exercise any provision of the Terms of Use, or any related right, shall not constitute a waiver by the
Company of that provision or right.
17. IP Infringement
If You
believe the Website/App or any of the Website/App Services violates Your intellectual property, You must
promptly notify the Company’s agent in writing at support@stoklo.com. These notifications
should only be submitted by the owner of the intellectual property or an agent authorized to act on
his/her behalf. However, any false claim by You may result in the termination of Your access to the
Website/App. You are required to provide the following details in Your notice:
(a) the
intellectual property that You believe is being infringed;
(b) the item that You think is
infringing and include sufficient information about where the material is located on the
Website/App;
(c) a statement that You believe in good faith that the item You have identified
as infringing is not authorized by the intellectual property owner, its agent, or the law to be used in
connection with the Website/App;
(d) Your contact details, such as Your address, telephone
number, and/or email;
(e) a statement that the information You provided in Your notice is
accurate, and that You are the intellectual property owner or an agent authorized to act on behalf of
the intellectual property owner whose intellectual property is being infringed; and
(f) Your
physical or electronic signature.
18. Feedback and Information
18.1
Any feedback You provide on the Website/App shall be deemed to be non-confidential. The Company shall be
free to use such information on an unrestricted basis. Further, by submitting the feedback, You
represent and warrant that (i) Your feedback does not contain confidential or proprietary information of
You or of third parties; (ii) the Company is not under any obligation of confidentiality, express or
implied, with respect to the feedback; (iii) all information provided in the feedback is true and
correct and relates to purchase of Items made by You; and (iv) You are not entitled to any compensation
or reimbursement of any kind from the Company for the feedback under any circumstances. The Company
reserves the right to initiate any action against You under the applicable laws for a breach of this
representation, including appropriate actions for any defamation allegations. When You provide feedback
on the Website/App, You grant to the Company, a non-exclusive, royalty-free, worldwide, transferable,
sub-licensable, irrevocable, perpetual and unconditional license to (i) use or reproduce the feedback
posted by You on the Website/App; (ii)delete and remove the entire or such part of any feedback posted
by You that, in the opinion of the Company, is not in compliance with these Terms of Use; and
(iii)communicate the feedback to other users, including Registered Service Providers.
18.2 Any
feedback posted by You on the Website/App regarding any Item/s purchased availed by You may be required
to be substantiated by accompanying evidence, as necessitated or requested by the Company.
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Email: info@skyrath.com
Phone Number: +91 7372 900 900

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