Terms and Condition

 

Please read the following ‘Terms of Use’ very carefully as your use of service is subject to your acceptance of and compliance with the following terms and conditions (“Terms”).

By using any of our services, you agree that you have read, understood and are bound by the Terms, regardless of how you subscribe to or use our services. If you do not want to be bound by the Terms, you must not subscribe to or use our services.

In these Terms, references to “you”, “User” shall mean the end user accessing the Website, its contents and using the Services offered through the Website. “Service Providers” mean independent third-party service providers, and “we”, “us” and “our” shall mean Vanuston Intelligence Private Limited, its Group of companies, affiliates and partners.

This document is published by virtue of a legal requirement under the provisions of the Information Technology Act, 2000, that requires ‘intermediaries’ to publish the rules and regulations, privacy policy and terms for access or usage of our Website and is primarily governed by Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011.

We reserve the right to revise or modify these terms at any time. Please re-visit the page “Terms of Use” on our Website to stay abreast of any changes that we may introduce. Your continued use of our services shall constitute your consent to such changes.

In the event of a conflict between these terms of service and any other terms governing the relation between the parties, these terms of service shall prevail.

 

INTRODUCTION

 

  1. Vanuston and its product sites is a Software products company operated by Vanuston Intelligence Private Limited, a company incorporated under the laws of India.
  2. 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. Vanuston Intelligence, at its sole discretion, reserves the right not to accept a User from registering on the Website without assigning any reason thereof.

 

USER ACCOUNT, PASSWORD AND SECURITY

You will receive a password and account designation upon completing the Website’s or application signup or registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Vanuston intelligence of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Vanuston intelligence cannot and will not be liable for any loss or damage arising from your failure to comply with this Section. For viewing the public content on the website, you might not require login details, id or password, in those cases you would still be bound by these terms and conditions.

 

ELIGIBILITY TO USE THE SERVICE

 

  1. This website does not cater to individuals less than 13 years of age, by using this website you represent that you are 13 years or older. That the website or application of Vanuston Intelligence does not intentionally collect personal information from children on our Website. Vanuston Intelligence advises Parental discretion is advised for users in the age group of 14 to 18 years.
  2. Any person who shall be considered as incompetent to contract as per the provisions of the Indian Contract Act, 1872, including minors, un-discharged insolvents, etc., are not eligible to use Vanuston Intelligence and its software products portal (“User”).
  3. Any person using the Services and/or the Indirect Services on behalf of a proprietor/ partnership/ firm/ company represents and warrants that it is duly authorized to accept the Terms and Conditions and the Policies by the User and that such person has the authority to bind the User to these Terms and Conditions and the Policies

 

SERVICES OFFERED:

 

  1. Vanuston Intelligence provides a number of products and services through the Web Site (all such services, collectively, the “Service”).
  2. All orders are subject to acceptance by Vanuston Intelligence. We reserve the right to reject any order at any time without recourse. We also reserve the right to change the price at any time.
  3. Upon acceptance of the order by Vanuston Intelligence, we sell digital products to access to login into the system the product to you and be entitled to its payment for the same with including any applicable taxes.
  4. the User has opted for “Soft copy” of the document, and the user shall only be entitled to download the text of the document, and shall be entitled to no other additional services.
  5. Internal data-keeping.
  6. Also, we may use the information to improve our products and services.
  7. Also secure your data with suitable physical, electronic and managerial procedures to safeguard your information from online.
  8. During promotional activities, we will share your information for surveys rewards, and referral programs to our partners with stick contract terms in place, if a user requested messages,

we also used for market research purposes to contact you by email, phone, or survey forms to collect your information to update our products and services.

SUBSCRIPTION ACCOUNT DETAILS & TYPES

Vanuston Intelligence providing multiple account type based on the products, if you take standalone application Medeil (standalone) 1.0, 1.5 Versions, Probilz 1.0 & 1.5 Versions and Medeil Plus (standalone) 1.0 and 1.5 version will be licensed model and multiple editions based on the license model it will be assigned multiple users to the primary user account. Our SaaS applications in Vanuston.com also check our medeilcloud.com application there are saas model software are listed such as medeil cloud POS, medeil cloud HQ, Medeil Plus Cloud applications, Hosbay, Medorbits, Allotmed, and Cartfil working based on user subscription model and renewal payment process based on the edition and plan each user have separate user account based on client admin rights-based role and user rights will be fixed to other users of the companies. Licensee is the sole obligation to acquire vital agreements from such customers. The user is the sole responsible for securing the data and not sharing user information to any one-third parties at any condition. If you find any unauthorized use or suspicious activity in Your Account, you are responsible for all activities that occur under Your Account. Group Companies will not be liable for any damage or loss that may result from Your failure to protect Your login information, including Your password.

LIMITATION OF SUBSCRIBERS

 

  • As a free or commercial license or subscription holder have limitation to agree sub-licensing, reselling, rent lease transfer or distribute or not allowed
  • As a user, you don’t have the rights to violate any individual privacy without proper communications
  • You don’t have the rights to claim falsification of events or sponsorship with us
  • You don’t allow to send junk email, messages, or SMS from our system
  • When you use the Service to store or transmit any content that unfragmented upon any person’s intellectual property rights;
  • Any user from your company or employees of using our software to attempt to decipher, decompile, reverse engineer, disassemble, reproduce, or copy or otherwise access or discover the source code or underlying program of any Software making up the Service(s);
  • use the Service(s) to knowingly post, transmit, upload, link to, send or store any viruses, malware, Trojan horses, time bombs, or any other similar harmful software.

 

PAYMENT TERMS

 

  1. You, as a Buyer, understand that upon initiating a Transaction You are entering into a legally binding and enforceable contract with Vanuston Intelligence Private Limited to purchase the products/services using the Payment Facility, and You shall pay the Transaction Price through Your Issuing Bank to the Vanuston Intelligence Private Limited using Payment Facility.

 

  • You represent and warrant that if you are purchasing something from Vanuston Intelligence Private Limited, that you will have the following options of payment: –

i)  Net Banking
ii) Debit Card
ii) Credit Card
iv) Wallets/UPI

 

  • You warrant that in case you are making the payment by Credit Card any credit information you supply is true and complete; (ii) charges incurred by you will be honored by your credit card company; and

 

  • Vanuston Intelligence Private Limited reserves the right to refuse to process Transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements by Buyer with Vanuston Intelligence Private Limited or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.

 

  • All Valid Credit / Debit/ Cash Card/ and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the Buyer and the respective Issuing Bank and payment instrument issuing company.

 

  • All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which supports Payment Facility to provide these services to the Users. All such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between Buyer and the respective Issuing Bank.

 

  • The user or subscriber mainly the client admin is solely responsible for accepting the suitability of the software for the purpose it is intended to be used, before the purchase of the application. Once the user makes the payment for purchasing for yearly or monthly or contract-based software implementation, Vanuston not accepting the return of software under any circumstances, whatsoever, and the payment once you made shall not be non-refundable. For more details, we have a separate cancellation policy to access our terms.

 

  • Vanuston Intelligence is using third party payment gateway for new subscription renewal, any other add-on purchasing process will be done through automatic recurring payment details, we don’t store any payment related card information with us. We are not responsible for made payment through our application to any third party and their own payment gateways.

Late payment / Non-payment of Subscription Charges

If you are the renewal of your license after the expiry period, you are allowed to use the applications for a maximum of five days, if you are not made the payment then, your service will be automatically stopped to access the application, and also your data will be deleted after 30 days from the database.

Upgrade License

If you are interested to upgrade your plan at any time during your subscription period. You can do it automatically in the billing section and upgrade its automatically upgrade your plan and the payment will be immediately charged and consequent monthly the new upgrade plan charges will e applicable. In our plan, we don’t support a downgraded plan.

 

GENERAL TERMS FOR OFFERS AND PROMOTIONS

 

  1. Discounts will be applied to the total merchandise value including GST and applicable taxes. Issuance or redemption of a voucher or coupon will apply to the total value of the qualifying order once all promotional discounts have been applied. Final charges after applying coupons and vouchers will be inclusive of product charges and as well as customization charges. The discount may not be applicable to shipping costs.

 

  • Only one credit note/gift coupon/coupon can be used per order unless otherwise stated.

 

  • Discount coupons – Discount coupons may from time to time be offered to account holders; such coupons may only be applied to purchases made through the account to which the discount coupon was offered and registered. If you need a refund, this will be made in the same way as the original payment method (such as onto a gift voucher, debit/credit card account, a combination of the two and in the case of COD, a cheque).

 

  • Promotional discount coupons – We may from time to time offer promotional discount coupons which may apply in respect of any, or certain specified, purchases made through this Website.

 

  • Vanuston Intelligence Private Limited shall introduce various offers, schemes or contest at different times. The terms and conditions for such Contest shall be separately available on the Site.

 

  • Vanuston Intelligence Private Limited reserves the right to change/modify/add/delete any of the terms and conditions prevailing on the different promotional schemes it introduces in the market from time to time. Vanuston Intelligence Private Limited, at its discretion, can withdraw a particular scheme from the website or market.

 

  • In case of any query pertaining to the use of coupons and/or credit notes or regarding the schemes, please email customer care at Vanuston Intelligence Private Limited.

 

  • While participating in any Vanuston Intelligence Private Limited contest you hereby agree to release and hold Vanuston Intelligence Private Limited (and its officers, directors, agents, subsidiaries, affiliates, joint ventures, and employees) harmless from any claim or demand, but not limited to reasonable attorneys’ fees, or arising out of or related to your participation in the said Contest.

 

COMMUNICATION

By creating an Account with Vanuston Intelligence Private Limited the user agrees that Vanuston Intelligence Private Limited may send you informational/Promotional text (SMS) messages and e-mail notifications as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages or e-mail notification from Vanuston Intelligence Private Limited at any time by sending an email to support@Vanuston.com indicating that you no longer wish to receive such messages, along with the phone number of the mobile device receiving the messages. You acknowledge that opting out of receiving text (SMS) messages or e-mail notification may impact your use of the Services.

 

REWARD POINTS & REFERRAL PROGRAM:

Vanuston Intelligence Private Limited may from time to time introduce referral and/or incentive-based programs for its users (Program). These Program(s) may be governed by their respective terms and conditions. By participating in the Program, Users are bound by the Program terms and conditions as well as the Website terms. Further, Vanuston Intelligence Private Limited reserves the right to terminate/suspend the User’s account and/or credits/points earned and/or participation of the User in the Program if Vanuston Intelligence Private Limited determines in its sole discretion that the User has violated the rules of the Program and/ or has been involved in activities that are in contravention of the Program terms and/ or Site terms or have engaged in activities which are fraudulent/unlawful in nature. Furthermore, Vanuston Intelligence Private Limited reserves the right to modify, cancel and discontinue its Program without notice to the User.

 

PRIVACY POLICY

The User hereby consents, expresses and agrees that he has read and fully understands the Privacy Policy of the Website. The user further consents that the terms and contents of such Privacy Policy are acceptable to him.

 

LIMITED USER:

The User agrees and undertakes 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. Limited reproduction and copying of the content of the Website is permitted provided that www.Vanuston Intelligence Private Limited name is stated as the source and prior written permission of Vanuston Intelligence Private Limited is sought. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.

 

USER CONDUCT AND RULES:

You agree and undertake to use the Website and the Service only to post and upload messages and material that are proper. By way of example, and not as a limitation, you agree and undertake that when using a Service, you will not:

 

  1. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
  2. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
  3. Upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents;
  4. Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another’s computer;
  5. Conduct or forward surveys, contests, pyramid schemes or chain letters;
  6. Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
  7. 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;
  8. Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
  9. Violate any applicable laws or regulations for the time being in force in or outside India; and
  10. Violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere herein.
  11. Might cause public outrage or inspire violence due to a recent event
  12. Have an overtly sexual connotation or tone, including strong sexual innuendo.

 

USER WARRANTY AND REPRESENTATION:

The user guarantees, warrants, and certifies that you are the owner of the content which you submit or otherwise authorised to use the content and that the content does not infringe upon the property rights, intellectual property rights or other rights of others. You further warrant that to your knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any content, including trademark, trade name service mark, and copyright formerly or currently used by you in connection with the Services rendered by Vanuston Intelligence Private Limited. All the images on the website are copyright protected and any form of reverse engineering, modifying, copying, distributing, transmitting, displaying, performing, reproducing, publishing, licensing, creating derivative works from, transferring, or selling will have legal consequences.

The user guarantees, warrants, and certifies that you are the owner of the content which you submit or otherwise authorized to use the content and that the content does not infringe upon the property rights, intellectual property rights or other rights of others. You further warrant that to your knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any content, including trademark, trade name service mark, and copyright formerly or currently used by you in connection with the Services rendered by Vanuston Intelligence Private Limited. User data and information provided may be shared by Vanuston Intelligence Private Limited with its partners.

 

INTELLECTUAL PROPERTY RIGHTS:

 

  1. Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Vanuston Intelligence Private Limited 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 Vanuston Intelligence Private Limited without obtaining authorization from Vanuston Intelligence Private Limited.
  2. Notwithstanding the foregoing, it is expressly clarified that you will retain ownership and shall solely be responsible for any content that you provide or upload when using any Service, including any text, data, information, images, photographs, or any other material which you may upload, transmit or store when making use of our various Service. However, with regard to the product customization Service you expressly agree that by uploading and posting content onto the Website for public viewing and reproduction/use of your content by third party users, you accept the User whereby you grant a non-exclusive license for the use of the same.

 

COPYRIGHTED MATERIAL FOR LIMITED USE

This Site contains graphics, photographs, images, document layouts, artwork, text, fonts, software tools, and other information (referred to herein as “Content”). This Site and all Content are the copyrighted property of Vanuston Intelligence Private Limited, and/or its subsidiaries (referred to herein as “Vanuston Intelligence Private Limited”) or the copyrighted property of parties from whom Vanuston Intelligence Private Limited has licensed such property. All rights in this Site and its Content are reserved worldwide. It is strictly prohibited to retain, copy, distribute, publish, or use any portion of the Content except as expressly allowed in these Terms of Use. Vanuston Intelligence Private Limited reserves the right to add to, delete from, or modify any part of Content at any time without prior notice.

 

REVIEWS AND CONTENT GUIDELINES:

While we welcome your opinions and descriptions of your experiences, there are a few things we expect from every user on Vanuston Intelligence Private Limited.

Your reviews, as well as your profile and the comments you share, are all subject to Content Guidelines.

If your activity on Vanuston Intelligence Private Limited doesn’t match up to these content guidelines, we reserve the right to take action as we deem necessary. This could include altering or deleting your reviews or comments, or deleting your Vanuston Intelligence Private Limited account altogether, with or without notice. Vanuston Intelligence Private Limited also utilizes an algorithm to aid in removing suspicious reviews. If you feel your review was deleted in error, email us at support@Vanuston.com.

If you see content that does not align with these guidelines or our Terms of Service, please let us know. We will consider all reports. However, due to the diversity of our community, it is possible that content disagreeable to you might not meet the criteria to be removed.

 

LINKS TO THIRD PARTY SITES:

The Website may contain links to other websites (“Linked Sites”).The Linked Sites are not under the control of Vanuston Intelligence Private Limited and Vanuston Intelligence Private Limited is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Vanuston Intelligence Private Limited is not responsible for any form of transmission, whatsoever, received by you from any Linked Site. Vanuston Intelligence Private Limited is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Vanuston Intelligence Private Limited or the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof. The users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.

LIMIT OF VANUSTON INTELLIGENCE RESPONSIBILITY

Vanuston Intelligence Private Limited will be responsible for acting only on those instructions sent to Vanuston Intelligence Private Limited that actually are received and does not assume responsibility for malfunctions in communications facilities not under its control that may affect the accuracy or timeliness of any orders you send. Vanuston Intelligence Private Limited is not responsible for any losses or delays in transmission of orders arising out of the use of any Internet Access Service Provider or caused by any browser software or any computer virus or related problem that may be attributable to services provided by any Internet Access Service Provider. Vanuston Intelligence Private Limited is not responsible should you give incorrect instructions or if your credit-card payment is not processed by your credit-card company.

The information and materials contained in this Website, including text, graphics, links or other items, are provided “as is”, “as available”. Vanuston Intelligence does not warrant the accuracy, adequacy or completeness of the information and materials on the Site and expressly disclaims liability for errors or omissions in this information and materials. No warranty of any kind, implied, express or statutory, including but not limited to the warranties of non-infringement of third-party rights, title, merchantability, fitness for a particular purpose or freedom from computer virus, is given in conjunction with the information and materials.

You understand and agree that any use of Vanuston Intelligence Private Limited does not in any way create or establish a Lawyer-client relationship between you and Vanuston Intelligence, its employees, or other agents of Vanuston Intelligence Private Limited.

You should recognize that content on Vanuston Intelligence Private Limited (including FAQ section) and sent by way of e-mail or newsletter are provided for your information to help you understand some of your legal rights. These materials should not be relied on as legal advice and reading and reviewing them is not a substitute for direct consultation with a Lawyer about a specific legal problem.

That all endeavors are made, to ensure that the legal documents provided on Vanuston Intelligence Private Limited are in accordance with the latest amendments to the law, and are in consonance with the laws of the land, however, Vanuston Intelligence Private Limited does not Guarantee the Legal Validity of the document.

In no event will Vanuston Intelligence Private Limited be liable for any damages, including without limitation, direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with this site or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Vanuston Intelligence Private Limited, or representatives thereof, are advised of the possibility of such damages, losses or expenses.

 

INDEMNIFICATION:

 

You agree to indemnify, defend and hold harmless Vanuston Intelligence Private Limited, from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Vanuston Intelligence Private Limited, 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.

 

NOTICES:

You agree that Vanuston Intelligence Private Limited, may provide all legal communications and notices to you electronically by posting them on our website or, at our election, by sending an e-mail to the e-mail address you provided to us when you registered at our website. You may withdraw your consent to receive communications from us electronically by contacting customer care. However, if you withdraw your consent to receive our communications electronically, you must discontinue your use of your account.

 

TRANSFER OF TITLE:

The customer agrees that the shipping terms for all printed Products are FOB shipping point and ownership transfers to the customer upon shipment. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. For any Product that is to be provided to the customer in an electronic format, the customer agrees that delivery of such Product shall be deemed to have occurred either (a) at the time we transmit the Product via email or other electronic communication addressed to the customer or (b) at the time we transmit a notification to the customer that the Product is available for downloading from the Website.

WARRANTIES AND GUARANTEE

 

  • The LICENSOR does not guarantee the compatibility of the SOFTWARE with future Operating Systems / Technologies on standalone software.

 

  • The LICENSOR shall not take any responsibility for any kind of corruption of data at the LICENSEE site due to media failure / power failure / hardware problem / virus infection or any other reason.  At most, the LICENSOR can try to recover the data either fully or partially and the same shall be chargeable for standalone software.

 

  • It is expressly agreed by the LICENSEE that neither the manufacturer nor the supplier of the SOFTWARE shall be liable for any loss or damage, whether direct, indirect, special, consequential and/or incidental, arising from the use or application of the SOFTWARE and related items.

 

  • The Statutory Reports provided in the SOFTWARE are intended to provide the information / data to the LICENSEE, which is required for fulfilling of various statutory obligations like depositing of tax, filing of tax returns etc.  The LICENSOR does not guarantee, promise or claim accuracy, completeness or adequacy of the information provided and makes no claim that the Statutory Reports provided in the SOFTWARE will be accepted by the tax authorities as it is.

 

  • Licensor shall not be responsible for any error/omission or delay in fulfilling of statutory obligations by the LICENSEE.  In case there is any change in statutory requirement, the LICENSOR shall try to incorporate the same in the forthcoming releases of the SOFTWARE, but shall be under no obligation to do so.

MEDICAL TERMINOLOGY & KNOWLEDGE BASE

In order to proceed to the Drug specification, Drug-Drug Interaction and Drug Food Interactions knowledge resources, you must read and agree to the following terms:

1.The Knowledge resource is a service provided to you by Vanuston Intelligence Private Limited. No 22, Bazaar Road, Saidapet, Chennai, India(“Vanuston”). The Medical Knowledge resources are used in Vanuston products Medeil, and Medeil-plus are separate products provided by separate entities. The Service is intended for use by Healthcare and consumers in India.

2.Your use of this product acknowledges acceptance of these restrictions, disclaimers, and limitations. You expressly acknowledge and agree that Vanuston is not responsible for the results of your decisions resulting from the use of the Service, including, but not limited to, your choosing to seek or not to seek professional medical care, or from choosing or not choosing specific treatment based on the Service.

3.Every effort has been made to ensure that the information provided in the Service is accurate, up-to-date, and complete, but no guarantee is made to that effect. In addition, the drug information contained herein may be time-sensitive.

4.The Service does not endorse drugs, diagnose patients, or recommend therapy. The Service is an informational resource designed to assist licensed healthcare practitioners in caring for their patients and provide consumers with drug specific information. Healthcare practitioners should use their professional judgment in using the information provided. The Service is not a substitute for the care provided by licensed healthcare practitioners and consumers are urged to consult with their healthcare practitioner in all instances. The absence of a warning for a given drug or combination thereof in no way should be construed to indicate that the drug or combination is safe, effective or appropriate for any given patient.

5.Vanuston does not assume any responsibility for any aspect of healthcare administered or not administered with the aid of information the Service provides.

DISCLAIMER OF WARRANTIES OF MEDICAL TERMINOLOGY AND MEDICAL KNOWLEDGE CONTENT

1.THE END-USER ACKNOWLEDGES THAT THE SERVICE IS PROVIDED ON AN “AS IS” BASIS. EXCEPT FOR WARRANTIES WHICH MAY NOT BE DISCLAIMED AS A MATTER OF LAW, VANUSTON MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY OR NATURE OF THE CONTENT OF THE SERVICE, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

2.IN ADDITION, WITHOUT LIMITING THE FOREGOING, THE SERVICE HAS BEEN DESIGNED FOR USE FOR ALLOPATHIC DRUGS AND COVERS THE DRUG PRODUCTS USED IN PRACTICE IN THE INDIA. VANUSTON PROVIDES NO CLINICAL INFORMATION OR CHECKS FOR DRUGS NOT AVAILABLE FOR SALE IN THE INDIA AND CLINICAL PRACTICE PATTERNS OUTSIDE THE INDIA MAY DIFFER SUBSTANTIALLY FROM INFORMATION SUPPLIED BY THE SERVICE. VANUSTON DOES NOT WARRANT THAT USES OUTSIDE THE INDIA ARE APPROPRIATE.

3.The End-User acknowledges that updates to the Service are at the sole discretion of VANUSTON. VANUSTON makes no representations or warranties whatsoever, express or implied, with respect to the compatibility of the Service, or future releases thereof, with any computer hardware or software, nor does VANUSTON represent or warrant the continuity of the features or the facilities provided by or through the Service as between various releases thereof.

4.Any warranties expressly provided herein do not apply if: (i) the End-User alters, mishandles or improperly uses, stores or installs all, or any part, of the Service, (ii) the End-User uses, stores or installs the Service on a computer system which fails to meet the specifications provided by VANUSTON, or (iii) the breach of warranty arises out of or in connection with acts or omissions of persons other than VANUSTON.

ASSUMPTION OF RISK, DISCLAIMER OF LIABILITY, INDEMNITY

1.THE END-USER ASSUMES ALL RISK FOR SELECTION AND USE OF THE SERVICE AND CONTENT PROVIDED THEREON. VANUSTON SHALL NOT BE RESPONSIBLE FOR ANY ERRORS, MISSTATEMENTS, INACCURACIES OR OMISSIONS REGARDING CONTENT DELIVERED THROUGH THE SERVICE OR ANY DELAYS IN OR INTERRUPTIONS OF SUCH DELIVERY.

2.THE END-USER ACKNOWLEDGES THAT VANUSTON: (A) HAS NO CONTROL OF OR RESPONSIBILITY FOR THE END-USER’S USE OF THE SERVICE OR CONTENT PROVIDED THEREIN, (B) HAS NO KNOWLEDGE OF THE SPECIFIC OR UNIQUE CIRCUMSTANCES UNDER WHICH THE SERVICE OR CONTENT PROVIDED THEREON MAY BE USED BY THE END-USER, (C) UNDERTAKES NO OBLIGATION TO SUPPLEMENT OR UPDATE CONTENT OF THE SERVICE, AND (D) HAS NO LIABILITY TO ANY PERSON FOR ANY DATA OR INFORMATION INPUT ON THE SERVICE BY PERSONS OTHER THAN VANUSTON.

3.VANUSTON SHALL NOT BE LIABLE TO ANY PERSON (INCLUDING BUT NOT LIMITED TO THE END-USER AND PERSONS TREATED BY OR ON BEHALF OF THE END-USER) FOR, AND THE END-USER AGREES TO INDEMNIFY AND HOLD VANUSTON HARMLESS FROM ANY CLAIMS, LAWSUITS, PROCEEDINGS, COSTS, ATTORNEYS’ FEES, DAMAGES OR OTHER LOSSES (COLLECTIVELY, “LOSSES”) ARISING OUT OF OR RELATING TO (A) THE END-USER’S USE OF THE SERVICE OR CONTENT PROVIDED THEREON OR ANY EQUIPMENT FURNISHED IN CONNECTION THEREWITH AND (B) ANY DATA OR INFORMATION INPUT ON THE SERVICE BY END-USER, IN ALL CASES INCLUDING BUT NOT LIMITED TO LOSSES FOR TORT, PERSONAL INJURY, MEDICAL MALPRACTICE OR PRODUCT LIABILITY. FURTHER, WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL VANUSTON BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, LOSS OF BUSINESS, OR DOWNTIME, EVEN IF VANUSTON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE INFORMATION CONTAINED WITHIN THE SERVICE IS INTENDED FOR USE ONLY AS AN INFORMATIONAL TOOL AND END-USERS ARE URGED TO

CONSULT WITH A PHYSICIAN OR OTHER HEALTHCARE PROFESSIONAL REGARDING THEIR SPECIFIC SITUATION FOR DIAGNOSIS OR BY PHYSICIANS AND PROFESSIONALS WHO SHOULD RELY ON THEIR CLINICAL DISCRETION AND JUDGMENT IN DIAGNOSIS AND TREATMENT. AS BETWEEN THE END-USER AND VANUSTON, THE END-USER HEREBY ASSUMES FULL RESPONSIBILITY FOR INSURING THE APPROPRIATENESS OF USING AND RELYING UPON THE INFORMATION IN VIEW OF ALL ATTENDANT CIRCUMSTANCES, INDICATIONS, AND CONTRAINDICATIONS.

LIABILITY OF VANUSTON TO THE END USER

1.Under no circumstances shall VANUSTON be liable to the End-User or any other person for any direct, indirect, exemplary, special or consequential damages arising out of or relating to the End-User’s use of or inability to use the Service or the content of the Service provided thereon or any equipment furnished in connection therewith. VANUSTON’s total maximum cumulative liability hereunder in connection with this Agreement, whether arising under contract or otherwise, are limited to the fees received by VANUSTON under this Agreement specifically relating to the End-User’s use of the service or product which is the subject of the claim.

 

BREACH OF TERMS:

 

That Vanuston Intelligence Private Limited reserves its right to seek all remedies available at law and in equity for violations of these Terms of Use, including but not limited to the right to block access from a particular Internet address to this Website and their features.

 

JURISDICTIONAL ISSUES:

Unless otherwise specified, the material on the Vanuston Intelligence Private Limited is presented solely for the purpose of sale in India. vanuston, make no representation that materials in the Vanuston Intelligence Private Limited, are appropriate or available for use in locations/Countries other than India. Those who choose to access Vanuston Intelligence Private Limited, from other locations/Countries other than India, do so on their own initiative and Vanuston Intelligence Private Limited, is not responsible for the supply of products/refund for the products ordered from other locations/Countries other than India, compliance with local laws, if and to the extent local laws are applicable.

 

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