What is this document?
(whether you are a visitor or a User) of the one part, and projectwale of the other Part (the “Agreement”) providing, among other things,
the terms and conditions for use of Services hosted and managed remotely through the Website. The site www.projectwale.com is owned and operated
by Inbotics Technologies Private Limited.
You must be 13 years of age or ol.sub-normder to register, use this computer resource, or visit or use the Website in any manner. By registering,
visiting the Website or accepting this Agreement, you represent and warrant to projectwale that you are 13 years of age or ol.sub-normder,
The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but limited to:
the Indian Contract Act, 1872,
the (Indian) Information Technology Act, 2000, and
the rules, regulations, guidelines and clarifications framed thereunder, including the (Indian) Information Technology (Reasonable Security
Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines)
Rules, 2011 (the “IG Rules”).
A condition of the User’s use of and access to the Website and to the other services provided by projectwale to Users (together with the Website,
the “Services”) is the User’s acceptance of this Agreement. Any User that does not agree with any provisions of the same is required to leave this
computer resource / the Website immediately and immediately discontinue use of all other Services.
projectwale authorizes the User to view and access the content available on or from the Website solely for visiting, ordering, receiving, delivering and
communicating only as per this Agreement. The contents of the Website, information, text, graphics, images, logos, button icons, software code, design,
and the collection, arrangement and assembly of content on the Website (collectively, “projectwale Content”), are the property of projectwale and are
protected under copyright, trademark and other laws. User shall not modify the projectwale Content or reproduce, display, publicly perform, distribute,
or otherwise use the projectwale Content in any way for any public or commercial purpose or for personal gain.Multiple people are not permitted to share
the same/single log-in.
Services and use of Website
The content of the Website, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for
informational purposes only and does not constitute professional medical advice, diagnosis, treatment or recommendations of any kind. You should always
seek the advice of your qualified heath care professionals with any questions or concerns you may have regarding your individual needs and any medical
conditions. Reliance on any information appearing on the Website, whether provided by projectwale, its content provides, visitors to the Website or others,
is solely at Your own risk.
Sellers must be legally able to sell the item(s) such Seller offers for sale on the Website. Sellers must ensure that the offered items do not
infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Listings may
only include text descriptions, graphics and pictures that describe the item for sale. All offered items must be kept in stock for successful fulfillment
of orders received. The description of the item must not be misleading and must describe actual condition of the product. If the item description does not
match the actual condition of the item, the Seller agrees to refund any amounts that such Seller may have received from the buyer.
The Sellers represent and confirm that such Seller shall be the sole and exclusive legal owner of all items, goods or products of any description that
they wish to offer for sale on the Website. Sellers shall have absolute right, title and authority to deal in and offer for sale such items, goods or products.
Sellers shall not, either alone or in conjunction with other Sellers, manipulate or attempt to manipulate the prices of any item or services being sold or
purchased on the Website.
Users shall at all times ensure full compliance with the applicable provisions of the Drugs and Cosmetics Act, 1940, the Drugs and Magic Remedies
(Objectionable Advertisements) Act, 1954 and rules thereunder as applicable and as amended from time to time and also all applicable laws, rules and
regulations (including, but not limited to sales tax/ VAT, income tax, octroi, service tax, central excise, custom duty, local levies etc.) regarding
your use of Service and purchase, solicitation of offers to purchase, and sale of items or services on the Website. You shall not engage in any transaction
in an item or service, which is prohibited by the provisions of any applicable law including Drugs and Cosmetics Act, 1940, the Drugs and Magic Remedies
(Objectionable Advertisements) Act, 1954 or regulations for the time being in force.
From time to time, Sellers shall be responsible for providing information relating to the items or services offered by such Seller. In this connection,
Sellers undertake that all such information shall be accurate in all respects. Sellers shall not exaggerate or over emphasize the item-specifics of such
items or services so as to mislead other Users in any manner. Sellers shall not offer any habit forming or narcotic medications, also known as scheduled
drugs or controlled substances in some countries.
You do hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and
database rights (but no other rights) You have in Your information, in any media now known or not currently known, with respect to Your information to
enable projectwale to use the information for the purpose of providing the Services.
projectwale provides Services through the Website, which is a platform that facilitates the online sale and purchase of pharmaceutical products and services
offered by Sellers.You understand and agree that projectwale and the Website merely provides hosting services to its Users and persons browsing / visiting
the Website. All items advertised / offered and the contents therein are advertised and offered by Sellers and are third party user generated contents.
projectwale neither originates nor initiates the transmission nor select the sender and receiver of the transmission nor selects the information contained
in the transmission. projectwale has no control over the third party user generated contents.
The Website is only a platform through which Users may meet and interact with Sellers for their transactions. projectwale is not and cannot be a party to
or control in any manner any transaction between the Users of the Website and the Sellers.
All commercial / contractual terms are offered by and agreed to between buyers and Sellers alone. The commercial / contractual terms include without limitation
price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to goods and services and after sales services
related to goods and services. projectwale does not have any control or determines or advises or in any way involves itself in the offering or acceptance
of such commercial / contractual terms between buyers and Sellers.
projectwale does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of the Sellers. You are advised to independently use Your best judgment in that behalf.
projectwale is not responsible for any non-performance or breach of any contract entered into between buyers and Sellers. projectwale cannot and does not
guarantee that the concerned Seller will perform any transaction concluded on the Website. projectwale shall not and is not required to mediate or resolve
any dispute or disagreement between buyers and Sellers. projectwale does not make any representation or warranty as to the item-specifics (such as quality,
worth, marketability, etc.) of the items or services proposed to be sold or offered to be sold or purchased on the Website. In particular, projectwale
does not implicitly or explicitly support or endorse the sale or purchase of any items or services on the Website. projectwale accepts no liability for
any errors or omissions, whether on behalf of itself or third parties.
projectwale does not at any point of time during any transaction between buyer and Seller on Website come into or takes possession of any of the goods or
services offered by seller nor does it at any point gain title to or have any rights or claims over the goods or services offered by Seller to buyer.
projectwale is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of items which are out of stock,
back ordered or otherwise unavailable. All items are offered only for a restricted time and only for the available supply. You shall independently
agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the Seller.
projectwale may, at its sole discretion, suspend User’s ability to use or access the Website at any time while projectwale investigates complaints or
alleged violations of this Agreement, or for any other reason.If Users find any wrong information on the Website in relation to such User, they can
correct it themselves or contact projectwale immediately for such corrections.projectwale shall have no liability or responsibility in this regard.
Payment, Fees and Taxes:
Registration on the Website and the information is free. projectwale does not charge any fee for browsing and buying on the Website. The User agrees to
make all payments directly to the respective Seller for purchase of products from such Seller. projectwale is not responsible for any loss or damage
caused to User during this process as these third parties are beyond the control of projectwale. These payments could be collected personally from
the User by the concerned Seller. Such Seller may appoint collection agents for the collection of payments from the Users. projectwale shall not be
responsible for any act or omission on the part of such collection agents as projectwale exercises no control over such third parties.
Each User / member is solely responsible for payment of all taxes, legal compliances, statutory registrations and reporting. projectwale is in no way
responsible for any of the taxes.
Collection, Use, Storage and Transfer of Personal Information
The type of information collected from Users, including sensitive personal data or information;
The purpose, means and modes of usage of such information; and
How and to whom projectwale will disclose such information.
the fact that the information is being collected;
the purpose for which the information is being collected;
the intended recipients of the information;
the name and address of the agency that is collecting the information and the agency that will retain the information; and
the various rights available to such Users in respect of such information.
projectwale shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information
supplied by the User to projectwale or any Seller.
The use of this computer resource involves every User’s registration information and browsing history being stored and submitted to the appropriate
The User is responsible for maintaining the confidentiality of the User’s account access information and password. The User shall be responsible for
all uses of the User’saccount and password, whether or not authorized by the User. The User shall immediately notify projectwale of any actual or
suspected unauthorized use of the User’s account or password.
If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete),
or projectwale has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, projectwale has the right
to suspend or terminate such account at its sole discretion.
As mandated by Regulation 3(2) of the IG Rules,projectwale hereby informs the User that the User is not permitted to host, display, upload, modify,
publish, transmit, update or share any information that —
Belongs to another person and to which the User does not have any right to;
is grossly harmful, harassing,blasphemous, defamatory, obscene,pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially,
ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
harm minorsin any way;
infringes any patent,trademark, copyright orother proprietary rights;
violatesany law forthe time beingin force;
deceives or misleads the addressee about the origin ofsuch messages or communicates any information which is grossly offensive or
menacing in nature;
impersonate another person;
contains software viruses or any other computercode, files orprograms designed to interrupt, destroy or limit the functionality of any computer resource;
is prohibited under applicable law for the time being in force including Drugs and Cosmetics Act, 1940, the Drugs and Magic Remedies (Objectionable
Advertisements) Act, 1954, the Indian Penal Code, 1860 as amended from time to time and rules made there under;
threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement
to thecommission of any cognisable offence or prevents investigation of any offence oris insulting any other nation.
The User is also prohibited from:
violating or attempting to violate the integrity or security of the Website or any projectwale Content;
transmitting any information (including job posts, messages and hyperlinks) on or through the Websitethat is disruptive or competitive to the provision
of Servicesby projectwale;
intentionally submitting on the Website any incomplete, false or inaccurate information;
making any unsolicited communications to other Users;
using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the
attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
copying or duplicating in any manner any of the projectwale Content or other information available from the Website;
framing or hotlinkingor deeplinking any projectwale Content.
projectwale, 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 S. 4.2 above, shall be entitled to disable such information that is in contravention of S. 4.2.
projectwaleshall be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities
for investigation purposes.
the right to immediately terminate the access or usage rights of the User to the Services and to remove noncompliant information.
such transfer. The SPI Rules only permit projectwale to transfer sensitive personal data or information including any information, to any other body
corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by projectwaleas
provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between projectwaleor any person on
its behalf and the user or where the User has consented to data transfer.
projectwale shall not be responsible or liable in any manner to the Users for any losses, damage, injuries or expenses incurred by the Users as a result
of any disclosures made by projectwale, where the User has consented to the making of disclosures by projectwale. If the User had revoked such
injuries or expenses incurred by the User as a result of any disclosures made by projectwale prior to its actual receipt of such revocation.
The User shall not hold projectwale responsible or liable in any way for any disclosures by projectwale under Regulation 6 of the SPI Rules.
The Services provided by projectwale or any of its licensors or 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). projectwale does not provide or make any representation,
warranty or guaranty, express or implied about the Website or the Services. projectwale does not verifies any content or information provided by
the Sellers on the Website and to the fullest extent permitted by law, disclaims all liability arising out of the User’s use or reliance upon the Website,
the Services, the projectwale Content, representations and warranties made by the Sellers or the content or information provided by such Seller on the
Website or any opinion or suggestion given or expressed by projectwale or any Seller in relation to any User or Services provided by projectwale.
The Website may be linked to the website of third parties, affiliates and business partners. projectwale has no control over, and not liable or
responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through our Website. Inclusion of any link on
the Website does not imply that projectwale endorses the linked site. User may use the links and these services at User’s own risk.
projectwale assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infectUser’s equipment on account of User’s 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 a Useris dissatisfied with the Website, User’s sole remedy is to discontinue using the Website.
In no event, including but not limited to negligence, shall projectwale, or any of its directors, officers, employees, agents or content or service
providers (collectively, the “protected entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages
arising from, or directly or indirectly related to, the use of, or the inability to use, the Website or the content, materials and functions related thereto,
User’s provision of information via the Website, lost business or lost sales,even if such protected entity has been advised of the possibility of such damages. In no event shall the protected entities be liable for provision of or failure to provide all or any service by a Seller to any User. In no event shall the protected entities be liable for or in connection with any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website. In no event shall the total aggregate liability of the protected entities to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from the terms and conditions or a User’s use of the Website exceed, in the aggregate Rs. 1000.
In no event shall the protected entities be liable for failure on the part of the Sellers to provide agreed products or services. 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 any Seller.
The listing of Sellers on the Website is based on numerous factors including User’s comments and feedbacks. In no event shall the protected entities be
liable or responsible for the listing order of Sellers on the Website.
User agrees to indemnify and hold harmless projectwale, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives
from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from his/her/its access
to or use of Website, violation of this Agreement, or infringement by any other user of his/her/its account, of any intellectual property or other right of
any person or entity. projectwale will notify you promptly of any such claim, loss, liability, or demand, and in addition to Your foregoing obligations,
You agree to provide us with reasonable assistance, at Your expense, in defending any such claim, loss, liability, damage, or cost.
Term, Termination and Disputes
This Agreement will remain in full force and effect while the Useris a user of the Website in any form or capacity.
The User can terminate his/her/itsmembership with projectwale at any time by providing prior written notice to [email protected]
projectwale reserves the right to terminate any account in cases:
projectwale is unable to verify or authenticate any information provide to projectwale by a User; or
projectwale believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for projectwale or are contrary
to the interests of the Website.
Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Website under the same account, a different account
or re-register under a new account.
projectwale shall have no obligation to maintain or provide any of User’s data and shall thereafter, unless legally prohibited, delete all User’s data in
its systems or otherwise in its possession or under its control.
projectwale reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of the User’scontent
from the Website and immediate termination of the User’saccount with or without ability to access the Website and the other Services, upon any breach by
the User of this Agreement or if projectwale is unable to verify or authenticate any information the User submits to projectwale, or if the User fails
to provide (or after providing such consent, later revokes) the consents necessary or desirable for projectwale to provide the Services to the User.
This Agreement and any contractual obligation between projectwale and User will be governed by the laws of India, subject to the exclusive jurisdiction
of Courts in New Delhi.
All disputes will be subject to arbitration in New Delhi in English by a single arbitrator appointed by projectwale under the Arbitration and Conciliation Act,
Even after termination, certain obligations mentioned under Covenants, Liability, Indemnity, Intellectual Property, Dispute Resolution will continue and
Severability& WaiverContact Information
If any User has any question, issue, complaint regarding any of our Services, please contact our customer service at [email protected]
If a User has any questions concerning projectwale, the Website, this Agreement, or anything related to any of the foregoing, projectwale can be reached
at the following email address – [email protected] .