Terms and Conditions (End User cum License Agreement) For Eatance Pharmacy Application developed by Evince Development
Parties to the Agreement:
This agreement is an End User cum License agreement between Evince Development Pvt. Ltd.(Hereinafter referred to as “Evince Development”) and the End Users of its product being (1) The Third Party Service Providers and (2) The Customers of Third Party Service Providers (also referred to as Customers) (The Third Party Service Providers and the Customers are collectively referred to as the “Users”).
“Third Party Service Providers” shall mean and include licensee of the Product namely Eatance Pharmacy Application.
“Evince Development” means and includes Evince Development Pvt. Ltd. and its assignees or successor.
The Software/Mobile Application/Website developed by Evince Development namely “Eatance Pharmacy Application” along with its Software Script/Code is the Product. The present agreement, inter alia, lays down terms and conditions that would govern the usage of software by the Users.
Evince Development grants a non-exclusive, non-transferrable, non-assignable product license to the Third Party Service Providers to use the Product Eatance Pharmacy Application subject to terms and conditions enumerated in this agreement.
The Terms and Conditions:
No Liability Clause:
Product to act as Mere Facilitator:
Eatance Pharmacy App facilitates the purchase of drugs and other pharmaceutical products, and services offered for sale by Third Party Service Provider (“Pharmaceutical Goods and Services”). All items offered for sale on the Eatance Pharmacy Application, and the content made available by the Third Party Service Providers, are third party user generated contents and third party products. Evince Developer/Eatance Pharmacy App has no control over such third party user generated contents and/ Pharmaceutical Goods and Services and does not – originate or initiate the transmission, or select the sender/recipient of the transmission, or the information contained in such transmission. The authenticity and genuineness of the Pharmaceutical Goods and Services made available by the Third Party Service Providers through the App/Website shall be the sole responsibility of the Third Party Service Providers. You understand and agree that Eatance Pharmacy App/Evince shall have no liability with respect to the authenticity of the Pharmaceutical Goods and Services being facilitated through the App/Website.
Third Party Service Providersmay provide their products with terms including without limitation – price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to Pharmaceutical Goods and Services offered for sale and after-sales services related to any products and Services. Eatance Pharmacy App/Evince Developer does not have any control over, and does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms offered by and agreed to, between Users.
Evince Development is sole owner of copyright, trademark and other intellectual property rights in the product. The same are protected by the laws in India. Third Party Service Providers or Customers are not entitled to deal in intellectual property of Evince Development in any manner. By virtue of this agreement Third Party Service Providers and Customers are given right merely to use the product. The same shall in no manner construe to give intellectual property rights in the product to any person in any manner.
Eatance Pharmacy Application does not make any representation or warranty as to the legal title of the items and services offered for sale by the Third Party Service Provider on the App/Website. At no time shall any right, title, claim or interest in the products sold through or displayed on the product vest with Evince Development nor shall Evince Development have any obligations or liabilities in respect of any transactions on the product. The Third Party Service Provider agree and acknowledge that the ownership of the inventory of such Pharmaceutical Goods and Services shall always vest with them or their agent, who are advertising or offering them for sale on the App/Website and are the ultimate sellers. In any case, the Evince Development shall not be held liable for any deficiency in providing item and services by Third Party Service Provider to the Customer.
Further, Evince Development is not responsible for any unsatisfactory, delayed, non-performance or breach of the contract entered into between the customer and the Third Party Service Provider for purchase and sale of goods or services offered by such Third Party Service Provider on the product.
Evince Developer/Eatance Pharmacy App cannot and does not guarantee that the concerned Third Party Service Provider will perform any transaction concluded on the App/Website.The Third Party Service Provider(s) are solely responsible for ensuring that the Pharmaceutical Goods and Services offered for sale on the App/Website.
Users acknowledge and understand that Evince Development provides no warranty or representation with respect to the authenticity/ veracity of the information provided on the App/Website, and Users must run their own independent check.
Users accept and acknowledge that Evince Development/The Product does not provide any representation or give any guarantee or warranty in relation to the goods/ products and services made available on its app/Website by Third-Party Service Providers, including any guarantee or warranty that such goods/ products are merchantable, fit for the purpose of which they are to be purchased; have an accurate description, do not cause any infringement; and that the Third Party Service Providers have legal title over the goods/products being offered for sale by them on the app/Website. Evince Development also does not provide any representation or give any guarantee or warranty (whether express or implied) about the App/Website or any of the Services offered or services offered or provided by the Third Party Service Providers.
Non Involvement in Dispute Between Users:
Evince Development shall not and is not required to mediate or resolve any dispute or disagreement between Users. Evince Development does not implicitly or explicitly support or endorse the sale or purchase of any items or services on the product.
The Eatance Pharmacy App/Website is a platform that can be used by the Customers to purchase various drugs and pharmaceutical products that requires a valid medical prescription issued by a medical expert/ doctor to be provided to a registered pharmacist for the purpose of dispensing such medicine (“Prescription Drugs”), offered for sale on the app/Website by Third Party Service Providers. In order to purchase Prescription Drugs from Third Party Service Providers through the app/website, customers are required to upload a scanned copy of the valid prescription on the Website or email the same to Pharmacy owners. The order would not be processed and forwarded to the concerned Third Party Pharmacy(s) without sending of prescription as mentioned above. Evince Development does not have any connection/Relations to these third Party service providers and does not advise/recommend/suggest/Prescribe any Durg directly to the customer. Third-Party Service Providers will verify the prescription forwarded by Customers and in case of Third Party Service Providers observe any discrepancy in the prescription uploaded by customer, the Third Party Pharmacy(s) may cancel the order immediately.
In the entire process, Evince Development merely acts as facilitator and is not responsible for any liability on account of default of Users.
Limitation of Liability
The Customer of Third Party Service Providers/Licensor accept the software product and software product license “as is,” and Evince Development (and its third party suppliers and licensors) make no warranty as to its use, performance, or otherwise. To the maximum extent permitted by applicable law, Evince Development (and it’s third party suppliers and licensors) Disclaim all other representations, warranties, and conditions, express, implied, statutory or otherwise. Including but not limited to, implied warranties or conditions of merchantability, satisfactory quality, fitness for a particular purpose, title and noninfringement. The entire risk arising out of the use or performance of the software product remains with you.
Compliance of Local Laws:
Evince Development merely acts as facilitator between third party service providers and their customers. Therefore, it shall be the sole responsibility of the Third Party Service Providers to obtain necessary license and permissions as required under the relevant laws. Third Party Service Provider and its Customer shall ensure complete compliance of the requirements of local laws. In case Third Party Service Provider or its Customer fail to comply with any requirements of law, they shall solely be responsible for the same and Evince Development Shall not incurr any liability with this respect.
Further, the Third party Service Providers and Its Customers shall indemnify Evince Development from any liability arising out of default in complying with any requirements of laws as applicable from time to time.
The Third Party Service Provider/Licensee as well as its customers agrees to indemnify Evince Development and save it harmless against any liabilities of whatsoever in nature that may arise as consequences of default of either the Third Party Service Provider or Licensee or consumer or all or any of them acting together.
Revocation of License:
Evince Development reserves right to revoke license of the product without assigning any notice without any refund of purchase price, if Third Party Service Provider or its customer is found violating any of the terms of the present agreement.
Each party agrees that it shall not disclose to any third party any information concerning the customers, trade secrets, methods, processes or procedures or any other confidential, financial or business information of the other party which it learns during the course of its performance of this Agreement without the prior written consent of such other party. This obligation shall survive the cancellation or other termination of this Agreement or License.
EatancePharmacy Application contain trade secrets and proprietary know-how that belong to Evince Development and it is being made available to Licensee in strict confidence.
All the parties agree and acknowledge that Evince Development has its office at Ahmedabad and the present license agreement is issued and executed in part at Ahmedabad. Therefore, any dispute that may arise between parties shall be adjudicated at the Courts/ArbitrtaionatAhmedabad and the dispute shall be governed by the laws of India.
All the disputes and differences that may arise with respect to the present agreement shall be referred to the arbitration nominated by Evince Development. The proceedings of arbitration shall be as per the Arbitration and Conciliation Act, 1996 as amended from time to time. The seat of arbitration shall be at Ahmedabad. The award of arbitrator shall be binding on both the parties.
Subscription of the Agreement:
Any Third Party Service Provider will, on purchasing the product, bind himself with the terms and conditions contained in this agreement. Any customer of Third Party Service Provider will bind himself with the terms and conditions mentioned above merely on the use of Application.
Evince Development reserves right to modify any or all the terms and conditions of present agreement without prior notice. The same shall remain binding on all the parties.