LEGAL NOTICE / TERMS AND CONDITIONS
This Legal Notice / Terms and Conditions constitutes a legal and binding contract between you and GNH India Pharmaceuticals Limited (hereinafter referred to as “GNH”).
This contract is an electronic record in terms of the Information Technology Act, 2000 (“IT Act”) and the rules made thereunder, as may be applicable and the amended provisions pertaining to electronic records in various statutes, as amended from time to time by the IT Act. This electronic record is generated by a computer system and does not require any physical or digital signature.
1. USE OF WEBSITE
Your access to and/or use of the website gnhindia.com (“Website”) is subject to the following terms and conditions, which may be updated by GNH from time to time without notice to you (“Terms and Conditions”). By accessing, browsing or using this Website, you agree that you have read, understand and agree to be bound by these Terms and Conditions, as they may be amended from time to time, as well as to the terms of our GDPR Policy, which is hereby incorporated into these Terms and Conditions.
GNH shall not be required to notify you of any changes made to the Terms and Conditions and you are responsible for periodically reviewing these Terms and Conditions for applicable changes. Your continued use of the Website, following changes by GNH to any of these Terms and Conditions constitutes your acceptance to those changes. If you disagree with these Terms and Conditions (as they may be amended from time to time), or are dissatisfied with this Website, your sole and exclusive remedy is to discontinue using this Website.
The Website is an internet based portal operated by GNH. GNH on its Website, only presents easily accessible information of available drugs and pharmaceutical products from across the globe (“Products”) to trade professionals with a valid license and patients with a valid prescription.
GNH is not engaged in over the counter sales or online sales of the Products. GNH only facilitates sourcing of the Products which are then (i) imported in India by the patients for personal use or trade professionals in compliance with the licensing requirements under the Drugs and Cosmetics Act, 1940 and the Drugs and Cosmetics Rules, 1945 or (ii) exported outside US territories to licensed trade professionals and patients with a valid prescription.
The importation of the Products (not licensed in India due to various reasons) by patients/trade professionals in India are permissible as parallel imports under the Trade Related Aspects of Intellectual Property Rights (TRIPS Agreement), to which India is a signatory and the Trademarks Act, 1999.
All information available on the Website is of general nature and is not a substitute for professional medical advice by a licensed practitioner. GNH does not purport to provide any medical or health-related advice, even of general nature and recommends that you consult your health care provider to determine if a product listed on the Website is appropriate for you.
By using the Web site, you agree that GNH has no responsibility or liability whatsoever to determine whether any prescription is right for you and / or for any adverse consequences you may suffer from taking any drug or product listed on this Website.
The Website content is provided on an “as is,” “as available” basis and may include technical inaccuracies or typographical errors. GNH neither warrants nor makes any representation regarding the quality, accuracy or completeness of any data, information or product or service. To the full extent permitted by law, GNH makes no representations or warranties of any kind or nature with respect to the information or content posted on the Website. GNH disclaims all representations and warranties, whether express or implied, statutory of otherwise including, without limitation, warranties of title, merchantability, fitness for a particular purpose.
In no event shall GNH be liable for any damages of any kind or nature, including without limitation, direct, indirect, special, incidental, punitive or consequential damages arising from or in connection with the existence or use of this Website and/or information or content posted on this Website.
4. USER OBLIGATIONS
The Website shall not be used for any illegal purpose and you agree to use the Website and the materials (if any) provided therein only for the purposes permitted by these Terms and Conditions and applicable law. If the Website allows you to post and/or upload any material on the Website, you hereby undertake to ensure that such material is not offensive, indecent, unlawful, defamatory or infringing.
GNH reserves the right to terminate your access to the Website at any time without notice for any reason whatsoever.
You expressly agree that your use of the Website is at your own risk.
5. INTELLECTUAL PROPERTY RIGHTS
Save as otherwise provided in 6 below, the Website and the entire contents of the Website including but not limited to text, graphics, interfaces, sounds, music, artwork, computer code (“Content”) is owned and controlled by GNH and the design, arrangement, structure and selection and look and feel of such Content is protected by copyright, patent, trademark laws and various other intellectual property rights. Unless specifically permitted, you cannot reproduce, copy, display, download, modify, distribute or otherwise use all or any part of the Contents of the Website in any form or create any derivative work based on such Content.
GNH India along with the human caricature logo is the registered trademark (brand and logo) and copyright of GNH and GNH owns all intellectual property rights in and to the same. You agree that you cannot use, copy, reproduce, the trademarks, copyrights and other intellectual property of the Company in any manner whatsoever.
6. THIRD PARTY CONTENT AND THIRD PARTY INTELLECTUAL PROPERTY
The Website makes available general third party information such as product information, product catalogues, names of manufacturers, images and photographs of the Products and other third party data (“Third Party Content”). The provision of Third Party Content is for general informational purposes only. You acknowledge that the Third Party Content available on the Website provided to you is obtained from sources believed to be reliable. GNH does not provide any guarantee with respect to any the Third Party Content and GNH shall not be held liable for any loss suffered by you based on your reliance on or use of such data.
All trademarks, brand and service marks that appear on the Website as part of each Product and/or Third Party Content are the property of their respective owners. GNH does not claim ownership in or any affiliation with, any third party trademarks, brand or service marks appearing on the Website. The third party trademarks are used only for bona fide purposes to identify the products as being those of their respective owners, which constitutes fair use of the trademark under the Trademarks Act, 1999. No sponsorship or endorsement on the part of GNH should be inferred from the display or use of these trademarks on the Website
The use of third party trademarks on the Website as set out above, is not intended to create consumer confusion or deception as to the source of origin.
Nothing contained in this Website should be construed as conferring any licence or right to any intellectual property of GNH or any third party.
You agree to indemnify, defend and hold harmless GNH, the management, directors, officers, employees, consultants, agents, suppliers and representatives of GNH from and against any and all third party claims, actions, demands, losses, liabilities, damages and/or costs (including reasonable attorney fees) of any nature whatsoever, resulting from or arising out of your access to or use of the Website, violation of these Terms and Conditions, infringement of any third party intellectual property or other rights.
The Website is owned and managed by GNH in India based in Mumbai, India. GNH makes no claim that the contents of this Website is appropriate or may be downloaded outside India. Access to the contents of this Website in certain countries may not be legal. If you access gnhindia.com website outside India you do so at your own risk and are solely responsible for compliance with the laws of your jurisdiction and for any consequences arising out of the same.
10. GOVERNING LAW AND JURISDICTION
These Terms and Conditions are governed by the laws of India. In the event of any dispute arising in relation to these Terms and Conditions or in relation to your use of the Website, the courts at Mumbai, India shall have exclusive jurisdiction for resolution of any such dispute.
If any provision of these Terms and Conditions is deemed to be invalid, unlawful, void or for any other reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any of the remaining provisions.
Any failure by GNH to enforce or exercise any provision of these Terms and conditions or any related right, shall not constitute a waiver by GNH of that provision or right.
All notices issued by GNH will be served by email communication. Any notice or other communication to be provided to GNH pursuant to these Terms should be sent to firstname.lastname@example.org .