TERMS AND CONDITIONS

The following terms and conditions constitute a binding agreement between you (hereinafter referred to as “User” and “Buyer”), and Austin Health Care, a proprietary company, having its registered address at Austin Tower, Sr. No. 161, 11, opp. Nakshatra Garden, Bhosale Nagar, Hadapsar, Pune, Maharashtra 411028 (hereinafter referred to as “Austin Health Care”, “we,” or “us “or “our”), the operator of www.austinhealthcare.in (the “Website”) and related websites, Website, on/in which these Terms of Use is posted or referenced.

By subscribing to or using any of our Websites / website, you agree that you have read, understood and are bound by the Terms, regardless of how you subscribe to or use the Website. If you do not agree with these terms, you cannot use/access the Website or purchase or subscribe for any of the Services. If you have any questions about these terms, please contact [email protected]. These Terms and various other policies are binding as per the provisions of the Information Technology (Intermediaries guidelines and Digital Media Ethics Code) Rules, 2021 formulated under the Information Technology Act of 2000.

In these Terms, references to “you” or “User” shall mean the end user accessing the Website, its contents and using the Website, “Service Providers” mean independent third party service providers, and “we”, “us” and “our” shall mean Austin Health Care and its affiliates.

These terms of use (the “Terms of Use”), together with our PRIVACY POLICY and DISCLAIMER, (each of which are incorporated herein by reference, and collectively, this “Agreement”) govern your use of the Website, both as a non-registered user and as a registered User.

Please note that we offer marketing services or purchasing of our services/products through the Website “AS IS” and without warranties. If you are registering an account or using the Website on behalf of an individual or entity other than yourself, you represent that you are authorized by such individual or entity to accept this Agreement on such individual’s or entity’s behalf.

1. INTRODUCTION
a. Welcome to www.austinhealthcare.in (“Website”). The Website is intended to provide information of Austin Health Care and its products and business segments. Austin Health Care is considered a leading manufacturer and supplier of a wide range of medicines and other healthcare products. We provide bulk hospital orders for medicines and other healthcare products as well as distribution and supply of medicines through our representatives and marketing team.

b. Use of the Website is offered to you conditioned on acceptance without modification of all the terms, conditions and notices contained in these Terms, as may be posted on the Website from time to time. The Website, at Austin Health Care’s sole discretion, reserves the right not to accept a User’s order for services without assigning any reason thereof.

c. You hereby consent, and agree that you have read and fully understand the privacy policy of the Website. You further consent that the terms and contents of such Privacy Policy are acceptable to you.

d. You agree and undertake not to 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.

e. Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Austin Health Care owns all Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce, or distribute any content from the Website belonging to Austin Health Care without obtaining authorization from Austin Health Care.

f. You may be required to create/register if you desire to utilize certain online facilities provided through our Website. You shall provide accurate information and the information sent to us shall be governed by our privacy policy. We request you to share with us e-mail Ids and phone numbers that are regularly accessed, valid personal e-mail address, or phone number so that we can communicate with you. We reserve the right to close without any prior notice, any accounts which have been registered with third parties e-mail address or with temporary e-mail addresses. Users may be required to re-validate their accounts if we believe they have been using an invalid e-mail address or Phone number.

g. By initiating an account with us, you agree to receive certain communications from us, including, but not limited to notifications and newsletters. Such communications shall be via mobile phone, e-mail, or another method as determined by us.

2. USE OF CONTENT

a. All the Content is owned by us or our licensors and is protected by copyright, trademark, patent, and trade secret laws, other proprietary rights. You acknowledge that the Website and any underlying technology or software used in connection with the Website are Austin Health Care’s proprietary information. We give you permission to use the aforementioned content for personal, non-commercial purposes only and do not transfer any intellectual property rights to you by virtue of permitting your use of the Website. You may print, download, and store information from the Site for your own convenience, but you may not copy, distribute, republish (except as permitted in this paragraph), sell, or exploit any of the content, or exploit the Site or the Website in whole or in part, for any commercial gain or purpose whatsoever. Except as expressly and unambiguously provided herein, neither Austin Health Care nor its suppliers grant you any express or implied rights, and all rights in the Site and the Website are retained by Austin Health Care.

b. Austin Health Care may collect, use and analyze the information collected from the cookies and other technologies to improve User’s experience and overall quality of Austin Health Care’s services.

3. WARRANTIES, REPRESENTATIONS AND LIMITATIONS

a. We have no special relationship with or fiduciary duty to you. You acknowledge that we have no control over, and no duty to take any action regarding which users gain access to the Website and/or the Products and Services; what content you access via the Website and/or the Products and Services; what effects the content on the Website and/or the Products Services may have on you or your business; how you may interpret or use the content on the Website and/or the Products and Services; or what actions you may take as a result of the information that has been exposed to you on the Website and/or the Products and Services. You release us from all liability for you having acquired or not acquired content through the Website and/or the Products and Services. The Website and/or the Products and Services may contain, or direct you to Websites containing, information that some people may find offensive or inappropriate. We make no representations concerning any content contained in or accessed through the Websites and/or the Products and Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Website and/or the Products and Services. We provide the Website and the Products and Services “As Is”, “With All Faults” and “As Available.” We make no express or implied warranties or guarantees about the Products. To the maximum extent permitted by law, we hereby disclaim all such warranties, including all statutory warranties, with respect to the Products and the Website, including without limitation any warranties that the Products are merchantable, of satisfactory quality, accurate, fit for a particular purpose or need, or non-infringing. Although Austin Health Care tries to ensure that all information provided is to the best of our knowledge and correct at the time of inclusion on the website, we are not responsible for the accuracy, reliability, timeliness or completeness of information provided by users of the Services or any other data or information provided or received through the Website. Except as expressly set forth herein, we make no warranties about the information systems, software and functions made accessible through the Services or any other security associated with the transmission of sensitive information. We do not warrant that the Website or the Products and Services will operate error-free, bug-free, or free from defects, that loss of data will not occur, or that the Services, software, or Website are free of computer viruses, contaminants, or other harmful items.

b. All of the data shared with you are thoroughly researched, and descriptions for the parameters set are, to the best of our knowledge, accurate and correct. The information contained on this Website:
i. Is for general information only and does not profess to be all-inclusive; and
ii. May contain, or be linked to, advice, statements or opinions of third parties, information providers or content providers and use of or reliance on any such advice, statements or opinions is at the User’s own risk.

c. Our endeavors to ensure that all the information on the Website is correct, but we do not provide any warranties relating to the quality, accuracy or completeness of any data, information, product or service. The user understands and agrees that any material or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material or data. We are not responsible for any typographical error leading to any invalidity of any kind. We accept no liability for any errors or omissions, with respect to any information provided to you by us or on behalf of third parties.

d. Austin Health Care makes no commitment to update or correct any information that appears on this website. The information displayed on this website is upon the condition that the persons receiving the same will make their own determination as to its suitability for their purposes prior to use or in connection with the making of any decision. You may choose to use the information displayed on this website at your own risk and undertake your own investigations and tests to confirm the accuracy of the information.

4. LINKS TO THIRD PARTY WEBSITES

a. The Site may include links to other websites, including links provided as automated search results. Some of these websites may contain materials that are objectionable, unlawful, or inaccurate. These links are provided for your convenience only and we do not endorse these sites or the products and services they provide. You acknowledge and agree that we are not responsible or liable for the content or accuracy of these other websites. The Users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.

b. Austin Health Care may utilize third party services for providing efficient and cognate services to you. Please note that your use of such third party services will be governed by the terms of service and privacy policy applicable to the corresponding third party. We may obtain business addresses, phone numbers, and other contact information from third party vendors who obtain their data from public sources. We have no control over, and make no representation or endorsement regarding the accuracy, relevancy, copyright compliance, legality, completeness, timeliness or quality of any product, services, advertisements and other content appearing in or linked to from the Services. We do not screen or investigate third party material before or after including it on our Services. We reserve the right, in our sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the content accessible on the Services. Where appropriate, we may in our sole discretion and without any obligation, verify any updates, modifications, or changes to any content accessible on the Services, but shall not be liable for any delay or inaccuracies related to such updates. You acknowledge and agree that Austin Health Care is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products, or other materials on or available from such websites or resources.

5. INDEMNIFICATION

a. Upon a request by us, you agree to defend, indemnify, and hold us harmless, our employees, contractors, vendors, officers, directors, agents, parent, other affiliated companies, suppliers, successors and assigns from all liabilities, claims, demands and expenses, including attorney’s fees, made by any third party that arises from or are related to (a) your access to the Website, (b) your use of the Products or Services, or (c) the violation of this Agreement (including without limitation the Terms of Use, the Additional Terms inter alia), or of any intellectual property or other right of any person or entity, by you or any third party using your Credentials. The foregoing indemnification obligation does not apply to liabilities, claims and expenses arising as a result of our own gross negligence or intentional misconduct.

6. RESERVATION OF RIGHTS

a. We reserve all rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that we may have in our Website, its content, and Services that may be provided. Any use of our rights requires our prior written consent. We are not providing you with any implied or express licenses or rights by making Products or Services available to you and you will have no rights to make any commercial uses of our Website or service without our prior written consent.

7. COOKIES

a. A cookie is a small amount of information sent from our web server to your computer/mobile/tablet/electronic device. We may use cookies when someone logs into our Website, to maintain that login session and to retain login information if requested. We do not use cookies to track your Internet activity before or after you leave our Website. Any activity while you are at our Website may be tracked. We do not use your IP address to identify you personally.

b. You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if you do that, you may not be able to use some features on the Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you log on to our Website. Please note that our advertisers may also use cookies, over which we have no control. Please remember, cookies do not contain confidential information such as your home address, telephone number or credit card details.

8. YOUR PERSONAL INFORMATION

a. In order to access certain features of the Website, you may need to provide certain personal information about yourself. You may voluntarily submit, and hereby authorize us, our employees, agents and others operating on its behalf to use and/or disclose, personal information about you, including, without limitation, your name, address, contact number and other information that is either requested by us or voluntarily provided in order to provide the Products or Services to you, in accordance with our Privacy Policy.

9. USER CONDUCT & RULES

a. You agree and undertake to use the Website strictly abiding by the following principles:
i. Subject to compliance with our Terms of Use, we grant you a non-exclusive, limited privilege to access and use this Website.
1. You agree to use the Services, Website and the materials provided therein only for purposes that are permitted by: (a) the Terms; and (b) any applicable law, regulation or generally accepted practices or guide in the relevant jurisdictions.
2. You will not promote or try to gain unauthorized access or exceed the scope of authorized access in our Website and its connected network.
3. You will not attempt to gain unauthorized access to any portion or feature of Website, or any other systems or networks connected to our Website.
4. You will not interfere with another user’s use of the Website.
5. You will not violate any law currently in force in India or outside.
6. You will not attempt or otherwise impersonate another person during the use of the Website.
7. You will not probe, scan or breach the vulnerability of our Website or any network connected to our Website.
8. You will not use any automatic device, program, or methodology including but not limited to “deep-link”, “page-scrape”, “robot”, “spider” or other such means, or any similar manual process, to access, acquire or copy any portion of the Website or any content within.
9. You will not collect or store data about other users.
10. You will not 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 whatsoever.
11. You shall solely be responsible for maintaining the necessary computer equipments and Internet connections that may be required to access, use and transact on the Website.
12. As prescribed by the law, we are bound to block access to unlawful content or information within 36 hours upon the order from the appropriate Court or the government. You acknowledge that we have no control over such blockages and exempt us from any liability that may arise due to such blockages.

10. MISCELLANEOUS

a. International Users
Our computer systems are currently based in India where data protection requirements and privacy regulations may be different than other parts of the world. If you create an online account on our Website as a visitor from outside India, you will have agreed to the terms of this Privacy Policy and our Terms of Use, you will have consented to processing of all such information in India, and you will have agreed that your personal information will be subject to the requirements of the privacy regulations of India, which may not offer an equivalent level of protection as certain other countries.

b. Changes to These Terms of Use
We may change these Terms of Use and the other documents consisting of the Agreement at any time, as we reasonably deem appropriate. Upon any such change, we will post the amended terms on the Website; we may also attempt to notify you in some other way. Your continued use of the Website and/or the Services following such posting shall constitute your affirmative acknowledgment of the Terms of Use or another applicable Agreement document, the modification, and agreement to abide and be bound by the Terms of Use or another applicable Agreement document, as amended. We encourage you to periodically review these Terms of Use. If at any time, you choose not to accept these terms of use, including following any such modifications hereto, then you must stop using the Website and the Services.

c. Entire Agreement
This Agreement and any supplemental terms, policies, rules and guidelines posted through the Services, including the Privacy Policy, Disclaimer, constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Failure of us to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

d. Headings
The headings of the sections of this Agreement are for convenience only, do not form a part hereof, and in no way limit, define, describe, modify, interpret or construe the meaning, scope or intent of this Agreement or any terms or conditions therein.

e. Assignment
We may assign this contract at any time, including without limitation to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity. You may not assign, transfer or sublicense this Agreement to anyone else and any attempt to do so in violation of this section shall be null and void.

f. Amendments To The Services
We may terminate, change, suspend or discontinue any aspect of this Website, including the availability of any features of the Website at any time without prior notice. We also reserves the right, at its sole discretion, to change, modify, add or remove any portion of these terms in whole or in part, at any time and without notice. We may terminate the authorization, rights and license given above at any time and without notice. Your continued use of this Website after any changes to these terms are posted will be considered acceptance of those changes.

g. Force Majeure
We shall not be liable to the User or be deemed to be in breach of this Agreement by reason of any delay in performing or any failure to perform any of our obligations if the delay or failure was due to any cause beyond our reasonable control. Without prejudice to the generality of the foregoing the following shall be regarded as causes beyond our reasonable control:
i. act of God, explosion, flood, tempest, fire or accident;
ii. war or threat of war, sabotage, insurrection, civil disturbance or requisition;
iii. acts of restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental parliamentary or local authority;
iv. import or export regulations or embargoes;
v. interruption of traffic, strikes, lock-outs, other industrial actions or trade disputes (whether involving our employees or of a third party);
vi. interruption of Service or operation, difficulties in obtaining raw materials labour fuel parts or machinery;
vii. power failure or breakdown in machinery.
h. Breaches Of These Terms And Conditions
Without prejudice to the user’s other rights under these terms and conditions, if you breach any of these terms and conditions in anyway, we may take such action as deemed appropriate to deal with the breach, including seeking of legal remedy, suspending your access to the Website, prohibiting you from accessing the Website, blocking computers using your IP address from accessing the Website and/or contacting your internet service provider to request that they block your access to the Website.

i. Governing Law
These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at Pune, India