Terms & Condition
This Document Is An Electronic Record In Terms of Applicable Law. This Electronic Record Is Generated By A Computer System And Does Not Require Any Physical Or Digital Signatures.
1.The domain name [www.erasavir.com], an internet based website, owned and operated by Palani LLC, an LLC duly incorporated under the laws of Pennsylvania in collaboration with Strassenburg Pharmaceuticals Limited, a company duly incorporated under the provisions of the Companies Act, 2013 (hereinafter, referred to as “Company” “Erasavir” or “We” or “Our” or “Us” or “Company”). The domain name is collectively referred to as “Website”. The Terms & Conditions is also applicable to the employees and consultants of the Company.
2.Your access or use of the Website, transaction on the Website and use of Services (as defined herein below) hosted or managed remotely through the Website, are governed by the following terms and conditions (hereinafter referred to as the Terms & Conditions”), including the applicable policies which are incorporated herein by way of reference. These Terms & Conditions constitutes a legal and binding contract between you (hereinafter referred to as “You” or “Your” or the “User”) on one part and Erasavir the other Part.
4.The Website is a platform that facilitates (i) online purchase of pharmaceutical products sold by the Company; (ii) online advertisements of various sponsors advertising and marketing their own good and services (“Third Party Advertisers”) (also referred to as the “Third Party Service Providers”). Further the Website also serves as an information platform providing health and wellness related information (“Information Services”) to the Users accessing the Website (The services of the Third Party Services Providers, sale of pharmaceutical products by the Company and the Information Services are collectively referred to as the “Services”).
5. The arrangement between the Third Party Service Providers, You and Us shall be governed in accordance with these Terms & Conditions. The Services would be made available to such natural persons who have agreed to use the Website after obtaining due registration, in accordance with the procedure as determined by Us, from time to time, (referred to as “You” or “Your” or “Yourself” or “User”, which terms shall also include natural persons who are accessing the Website merely as visitors). The Services are offered to You through various modes which shall include issue of discount coupons and vouchers that can be redeemed for various goods/ services offered for sale by relevant Third Party Service Providers. To facilitate the relation between You and the Third Party Service Providers through the Website, Erasavir shall send to You (promotional content including but not limited to emailers, notifications and messages).
6.You agree and acknowledge that the Website is a platform that You and Third Party Service Providers utilize to meet and interact with another for their transactions. Erasavir is not and cannot be a party to or save as except as may be provided in these Terms & Conditions, control in any manner, any transaction between You and the Third Party Service Providers.
8.As a condition to Your use of the Website, You must be 18 (eighteen) years of age or older to use or visit the Website in any manner. By visiting the Website or accepting these Terms & Conditions, You represent and warrant to Erasavir that You are 18 (eighteen) years of age or older, and that You have the right, authority and capacity to use the Website and agree to and abide by these Terms & Conditions.
9. These Terms & Conditions are published in compliance of applicable laws and jurisidctions therein.
10.Erasavir authorizes You to view and access the content available on the Website solely for the purposes of availing the Services, such as visiting, using, ordering, receiving, delivering and communicating only as per these Terms & Conditions. The contents on the Website including information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content, contains Third Party Service Providers’ content (“Third Party Content”) as well as in-house content provided by the Company including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals (“Company Content”) (collectively, “Content”). The Company Content is the property of the Company and is protected under copyright, trademark and other applicable law(s). You shall not modify the Company Content or reproduce, display, publicly perform, distribute, or otherwise use the Company Content in any way for any public or commercial purpose or for personal gain.
11.Compliance with these Terms & Conditions would entitle You to a personal, non-exclusive, non-transferable, limited privilege to access and transact on the Website.
12.These Terms & Conditions constitute an electronic record in terms of the IT Act and rules framed there under, as applicable and amended from time to time. This electronic record is generated by a computer system and does not require any physical or digital signatures.
ADVERTISING GUIDELINES FOR THE WEBSITE
13.As part of the Services provided by Us; We facilitate and allow Third Party Advertisers to place advertisements on the Website. Accordingly, there are guidelines (as listed herein below) which the Third Party Advertisers have to follow for placing such advertisements (the “Advertising Policy”).
b.For the Third Party Advertisers: The Third Party Advertisers must be honest about the products or services their advertisements promote; the advertisement shall not create unrealistic expectation and must not be misleading or offending; must be responsible and of the highest standards and without compromising the consumer protection. The Advertising Policy applies to all the advertisements, listed or sought to be listed, on the Website.
d.Review: All the advertisements are subject to the review and approval of Erasavir. Erasavir reserves the right to reject or remove any advertisement in its sole discretion for any reason. Further, Erasavir also reserves the right to request modifications to any advertisement, and to require factual substantiation for any claim made in an advertisement.
e. Prohibited Content: The advertisements must not infringe the intellectual property, privacy, publicity, copyright, or other legal rights of any person or entity. The advertisements must not be false, misleading, fraudulent, defamatory, or deceptive. The following advertisement content is prohibited:
(i) content that demeans, degrades, or shows hate toward a particular race, gender, culture, country, belief, or toward any member of a protected class;
(ii) content depicting nudity, sexual behaviour, or obscene gestures;
(iii) content depicting drug use;
(iv) content depicting excessive violence, including the harming of animals; shocking, sensational, or disrespectful content; deceptive, false or misleading content, including deceptive claims, offers, or business practices;
(v) content that directs users to phishing links, malware, or similarly harmful codes or sites; and
(vi) content that deceives the Users into providing personal information without their knowledge, under false pretences, or to companies that resell, trade, or otherwise misuse that personal information; and
(vii) content that violates any law for the time being in force.
f. Prohibited Advertisements: Advertisements for the following products and services are prohibited:
(i) adult products and services (other than contraceptives; see below);
(ii) cigarettes (including e-cigarettes), cigars, smokeless tobacco, and other tobacco products;
(iii) products or services that bypass copyright protection, such as software or cable signal descramblers;
(iv) products or services principally dedicated to selling counterfeit goods or engaging in copyright piracy; get-rich-quick or pyramid schemes or offers or any other deceptive or fraudulent offers;
(v) illegal or recreational drugs or drug paraphernalia;
(vi) counterfeit, fake or bootleg products, or replicas or imitations of designer products;
(vii) firearms, weapons, ammunition, or accessories;
(viii) advertisements that promote particular securities or that provide or allege to provide insider tips; any illegal conduct, product, or enterprise; unapproved pharmaceuticals and supplements; prescription drugs;
(ix) products that have been subject to any government or regulatory action or warning;
(x) products with names that are confusingly similar to an unapproved pharmaceutical or supplement or controlled substance; and
(xi) material that directly advertises products to or is intended to attract children under the age of 13.
g. Testimonials & Endorsements:
(i) any testimonials and endorsements contained in advertisements must comply with all applicable law(s), industry codes, rules, and regulations. For example, a clear and conspicuous disclaimer is required if an endorser's results were atypical or if the endorser was paid;
(ii) Erasavir recognizes and maintains a distinct separation between advertising and sponsored content and editorial content. All advertising or sponsored content on the Website of the Company will be clearly and unambiguously identified; and
(iii) a click on an advertisement may only link the User to the website of the Third Party Advertiser(s).
14.COLLECTION, USE, STORAGE AND TRANSFER OF PERSONAL INFORMATION
a. Your profile on the Website is created to store record of Your purchases and Your personal information online.
e.Erasavir shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the Users to the Company or any other person acting on behalf of the Company.
g.The Users are responsible for maintaining the confidentiality of the Users’ account access information and password. The Users shall be responsible for all uses of the Users’ account and password, whether or not authorized by the Users. The Users shall immediately notify Erasavir of any actual or suspected unauthorized use of the Users’ account or password.
h. If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Erasavir has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Erasavir shall have the right to suspend or terminate such account at its sole discretion.
i.By accepting these Terms & Conditions and by registering on the Website, You consent to be contacted by Us and/or by our third party service providers.You further consent to receive Calls, emails and messages (SMS) notifications and information from Us and from Third Party Service Providers including for promotions, discount and/or other service delivery related issues.
(Covenanters for the purposes of these Terms & Conditions shall include the Users and the Third Party Service Providers)
a. Each Covenanter undertakes that it shall not do any act or post, display, upload, modify, publish, transmit, update or share any information that –
(ii) is grossly harmful, insulting or harassing on the basis of gender, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy including bodily privacy, hateful, racially or ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
(iii) infringes any patent, trademark, copyright or other proprietary rights;
(iv) violates any law for the time being in force;
(v) impersonates another person;
(vi) is harmful to child;
(vii) deceives or misleads the addressee about the origin of such messages or knowingly and intentionally communicates any information that is patently false or misleading in nature but may reasonably be perceived as a fact;
(viii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
(ix) is prohibited under applicable law(s) for the time being in force; and
(x) is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;
b. Erasavir, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned in this Clause, shall be entitled to disable such information that is in contravention of this Clause or any provisions of these Terms & Condition. Erasavir shall be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.
b. The Other Parties shall not hold Erasavir responsible or liable in any way for any disclosures by Erasavir under applicable law.
c. The Services provided by Erasavir or any of its licensors or providers or Third Party Service Providers are provided ‘as is’, as available, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). Erasavir does not provide or make any representations, warranties or guarantees, express or implied about the Website or the Services. Erasavir does not verify any content or information provided by the Other Parties on the Website and to the fullest extent permitted by applicable law(s), disclaims all liability arising out of the Other Parties’ use or reliance upon the Website, the Services, the Company Content, Third Party Contents, representations and warranties made by the Other Parties on the Website or any loss arising out of the manner in which the Services have been rendered.
d. The Website may be linked to the website of third parties, affiliates and business partners. Erasavir has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through the Website. Inclusion of any link on the Website does not imply that Erasavir endorses the linked website. Other Parties may use the links and these services at their own risk.
e. Erasavir shall not be responsible for the mishaps/missed services due to no service/no show from the Other Parties; Erasavir shall not be responsible for any error in any of the services being provided by the Third Party Service Providers.
f. Users accept and acknowledge that Erasavir does not provide any representation or give any guarantee or warranty (whether express or implied, or whether arising by virtue of a statue or otherwise in law or from a course of dealing or usage or trade) in relation to the goods/ products and services made available on its Website by Third Party Service Providers, including any guarantee or warrantee that such goods/ products (i) are merchantable; (ii) fit for the purpose of which they are to be (or have been) purchased;(iii) have accurate description; (iv) do not cause any infringement; and (v) that the Third Party Service Providers have legal title over the goods/products being offered for sale by them on the Website. Erasavir also does not provide any representation or give any guarantee or warranty (whether express or implied) about the Website or any of the Services offered or services offered or provided by the Third Party Service Providers.
g. The Other Parties further accept and acknowledge that Erasavir does not verify any content or information provided by either the Users or the Third Party Services/ or obtained from the Users or the Third Party Service Providers, and to fullest extent permitted by applicable law(s), disclaims all liability arising out of the Other Parties’ use or reliance upon the Website, the Services, the Company Content, Third Party Content, representations and warranties made by the Other Parties on the Website or any opinion or suggestion given or expressed by Erasavir or any Third Party Service Providers in relation to any Services provided by Erasavir.
h. Erasavir assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect Other Parties’ equipment on account of the Other Parties’ access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If any of the Other Party is dissatisfied with the Website, the sole remedy of such Other Party(s) is to discontinue using the Website.
i. The listing of Third Party Service Providers on the Website is based on numerous factors including Users comments and feedbacks. In no event shall the Protected Entities (as defined herein below) be liable or responsible for the listing order of Third Party Service Providers on the Website.
j. To the maximum extent permitted by applicable law(s), Company, its affiliates, independent contractors, service providers, consultants, licensors, agents, and representatives, and each of their respective directors, officers or employees (“Protected Entities”), shall not be liable for any direct, indirect, special, incidental, punitive, exemplary or consequential damages, or any other damages of any kind, arising from, or directly or indirectly related to, (i) the use of, or the inability to use, the Website or the content, materials and functions related thereto; (ii) User's provision of information via the Website; even if such Protected Entity has been advised of the possibility of such damages.
k. In no event shall the Protected Entities be liable for, or in connection with, (i) the provision of, or failure to provide, all or any products or service by a Third Party Service Provider to any User; or (ii) any comments or feedback given by any of the Users in relation to the goods or services provided by any Third Party Service Providers; or (ii) any content posted, transmitted, exchanged or received by or on behalf of any User, Third Party Service Providers or other person on or through the Website.
l. The Users acknowledge that the Protected Entities merely act in the capacity of facilitators between the Other Parties by providing a platform for them to interact and transact. In no event shall the Protected Entities be held liable for any of the losses attributable to Services offered through the Website.
m. In no event shall the total aggregate liability of the Protected Entities to any Other Parties for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to negligence, strict liability, product liability or otherwise) arising from these Terms & Conditions or any Other Parties’ use of the Website exceed an aggregate amount of INR 1000/- (Indian Rupees One Thousand only). Erasavir accepts no liability for any errors or omissions on behalf of the Other Parties.
n. In no event shall the Protected Entities be liable for failure on the part of the Users or Third Party Service Providers to provide agreed services or to make himself/herself available at the appointed time, cancellation or rescheduling of appointments. In no event shall the Protected Entities be liable for any comments or feedback given by any of the Users in relation to the services provided by a Third Party Service Providers.
The Covenanters agree to defend, indemnify and hold harmless Erasavir, the Protected Entities, independent contractors, service providers, consultants, licensors, agents, and representatives, and each of their respective directors, officers and employees, from and against any and all claims, losses, liability, damages, and/or costs (including, but not limited to, reasonable attorney fees and costs) arising from or related to (a) Covenanters access to or use of Website; (b) Covenanters violation of these Terms & Conditions or any applicable law(s); (c) Covenanters violation of any rights of another person/ entity, including infringement of their intellectual property rights; or (d) Covenanters conduct in connection with the Website.
18. MODIFICATION OF WEBSITE
Erasavir reserves the right to modify or discontinue, temporarily or permanently, the Website or any features or portions thereof without prior notice. Other Parties agree that Erasavir will not be liable for any modification, suspension or discontinuance of the Website or any other part thereof.
19. INTELLECTUAL PROPERTY RIGHTS
All the intellectual property used on the Website except those which have been identified as the intellectual properties of the Other Parties shall remain the exclusive property of the Company. The Other Parties agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any materials or enforce limitations on use of the Website or the materials therein. The materials on the Website or otherwise may not be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means.
The provisions of these Terms & Conditions shall continue to apply until terminated by either of the Party as set for below:
a. Erasavir reserves the right to, at any time, and with or without notice, terminate these Terms & Conditions against each of the Users or the Third Party Service Providers or the Other Parties as a whole, if there is:
(ii) Erasavir is unable to verify or authenticate any information provided to Erasavir by Other Party(s); or
(iii) Erasavir believes, in its sole discretion, that Other Party(s) actions may cause legal liability for Erasavir (or any of its affiliates, independent contractors, service providers, consultants, licensors, agents, and representatives) or are contrary to the interests of the Website; or (iv) Erasavir is required to do so by law; or
(v) if Other Party(s) fail to provide (or after providing such consent, later revoke) the consents necessary or desirable for Erasavir to provide the Services to the Other Party(s); or
(vi) The provision of the Services to the Other Party(s), or to the general public, is in Erasavir’s opinion, no longer commercially viable; or
(vii) Erasavir has elected to discontinue, with or without reason, access to the Website or the Services (or any part thereof).
b. Erasavir may also terminate or suspend (temporarily or permanently) all or a portion of Other Party(s) account or access to the Services, with or without reason. Except as may be set forth in any of the terms applicable to a particular Service, termination of Other Party(s) account may include: (i) removal of access to all offerings within the Website or with respect to the Services; and (ii) barring Other Party(s) from further use or access of the Website or of any of the Services.
c. Once terminated or suspended (temporarily or permanently), Other Party(s) may not continue to use the Website under the same account, a different account or re-register under a new account.
d. Upon termination of these Terms & Conditions, Erasavir shall have no obligation to maintain or provide any of Other Party(s) data and may thereafter, unless legally prohibited, delete all of Other Party(s) data in its systems or otherwise in its possession or under its control, including but not limited to Other Party(s) personal information, log-in ID and password, order details (including any prescriptions uploaded) and all related information, files and materials associated with or inside Other Party(s) account (or any part thereof).
e. Erasavir reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of the Other Party(s) content from the Website with or without ability to access the Website and the other Services, upon any breach by the Other Party(s) of these Terms & Conditions or if Erasavir is unable to verify or authenticate any information the Other Party(s) submits to Erasavir, or if the Other Party(s) fail to provide (or after providing such consent, later revokes) the consents necessary or desirable for Erasavir to provide the Services to the Other Party(s).
f. The right to terminate/ suspend the account is in addition to, and without prejudice to, Erasavir’s right to initiate action against the Other Party(s), in accordance with applicable law.
21. FORCE MAJEURE
Other Parties accept and acknowledge that Erasavir shall not be liable for any loss or damage caused to the User as a result of delay or default or deficiency or failure in the Services as a result of any natural disasters, fire, riots, civil disturbances, actions or decrees of governmental bodies, communication line failures (which are not caused due to the fault of Erasavir or the Third Party Service Providers), or any other delay or default or deficiency or failure which arises from causes beyond Erasavir’s reasonable control (“Force Majeure Event”). In the event of any Force Majeure Event arising, Erasavir, depending on whose performance has been impacted under the Terms & Conditions, shall immediately give notice to the Other Party(s) of the facts which constitute the Force Majeure Event.
22. GOVERNING LAW AND DISPUTE RESOLUTION
These Terms & Conditions shall be governed by, and construed in accordance with, the laws of the Commonwealth of Pennsylvania without reference to conflict of laws principles.
Even after termination, certain obligations mentioned under Covenants, Liability, Indemnity, Intellectual Property, Dispute Resolution will continue and survive termination.
If any provision of these Terms & Conditions is deemed invalid, unlawful, void or for any other reason unenforceable, then that provision shall be deemed severable from these Terms & Conditions and shall not affect the validity and enforceability of any of the remaining provisions.
No provision of these Terms & Conditions shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by Erasavir. Any consent by Erasavir to, or a waiver by Erasavir of any breach by Other Parties, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of these Terms & Conditions.
27. CONTACT INFORMATION
If any Other Party(s) has any grievance, comment, question or suggestion regarding any of our Services, please contact our customer service at [email@example.com]. If any Other Party(s) has any questions concerning Erasavir, the Website, these Terms & Conditions, or anything related to any of the foregoing, Erasavir can be reached at the following email address – [firstname.lastname@example.org] or via the contact information available from the following: Contact Us.