TERMS AND CONDITIONS

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PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE AGREEMENT CAREFULLY

This website, http://plasmagen.in/ (“Website”), is owned and operated by PlasmaGen BioSciences Private Limited (“We”, “Us”, “Company” or “Our”, which shall mean and include its affiliates, successors and assigns).

We offer this Website to You (“User”, “You” or “Your”) and the use of the Website is subject to and governed by the following terms and conditions (“Terms of Use”) as applicable to the Website including all policies which are incorporated herein by way of reference. These Terms of Use shall be enforceable against You in the same manner as any other written agreement.

The following demonstrates terms and conditions of use applicable to Your use of Website, which promotes business of the Company globally. It is an agreement between You as the User(s) of the Website and the Company.

ACCESSING, BROWSING OR OTHERWISE USING THE WEBSITE INDICATES YOUR ACCEPTANCE TO ALL THE TERMS AND CONDITIONS MENTIONED HEREIN. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE PROCEEDING. IF YOU DO NOT AGREE WITH THE SAME, PLEASE DO NOT USE THIS WEBSITE. IF YOU DO NOT AGREE TO OR WISH TO BE BOUND BY AGREEMENT, YOU MAY NOT ACCESS OR OTHERWISE USE THE WEBSITE OR TO ANY SERVICES PROVIDED IN THE WEBSITE.

ABOUT US

The Company is, inter alia, engaged in the business of Manufacturing, processing and commercialization of medicinal and pharmaceutical preparations.

2. ACCEPTANCE OF TERMS OF USE

2.1. The Website provides a venue/platform for our User to interact and seek necessary information and details with respect to the Company, its business, its products and other services (if any) provided by the Company. We do not take part in the actual transaction through Our official Website hence are not a party to any online transaction for sale negotiated between You and any third party. All transactions with any such third party, shall be at the sole responsibility of such User to ensure that You are buying Products or availing services (if any) from an authorized distributer/seller/merchants who provides genuine Company’s products or services (if any). This Terms of Use shall not be deemed to create any partnership, joint venture, or other joint business relationship between Company and other party.

2.2. By using this Website in any way, including accessing or merely browsing the Website, You agree that You have read and understood the Terms of Use and the Website’s Privacy Policy available at http://plasmagen.in/ (“Privacy Policy”) and agree to be bound by the Terms of Use, the Privacy Policy and the additional terms (“Additional Terms”) (if any). The Privacy Policy is incorporated herein by reference.

2.3. Company may make changes in the Terms of Use or the Privacy Policy, etc., from time to time at Company’s sole discretion, including by way of imposing a charge for access to or use of the Website or any services (if any). The revised Terms of Use shall be posted on the Website. Your use of the Website and the services (if any) is subject to the most current version of the Terms of Use posted on the Website at the time of such use. You are requested to regularly visit our Website to view the most current Terms of Use. You can determine when the Company last modified the Terms of Use by referring to the “LAST UPDATED” legend above. It shall be Your responsibility to check these Terms of Use periodically for changes. Company may require You to provide Your consent to the updated Terms of Use in a specified manner before any further use of the Website and/or the services is permitted. If no such separate consent is sought, Your continued use of the Website, following changes to the Terms of Use, will constitute Your acceptance of those changes.

3. USER(S) ELIGIBILITY

3.1. User(s) means any individual or business entity/organization that legally operates in India or in other countries, uses and has the right to use the Website or any services (as applicable) provided by Company. Our services are available only to those individuals or Companies who can form legally binding contracts under the applicable law. Therefore, User(s) must not be a minor as per Indian Law, i. e. User(s) must be at least 18 years of age to be eligible to use our services. If You are less than 18 years of age, please read through this Terms of Use with Your parent or legal guardian, and in such a case these Terms of Use shall be deemed to be a contract between the Company and Your legal guardian or parent and to the extent permissible under applicable laws, enforceable against You.

3.2. Company advises its Users that while accessing the Website, they must follow/abide by the related applicable laws. Company is not responsible for the possible consequences caused by Your behavior during use of Website. Company may, in its sole discretion, refuse the access to the Website or any services (as applicable) to anyone at any time.

4. USER(S) AGREEMENT

4.1. This Terms of Use applies to all User(s), which includes but not limited to visitors, who access the Website for any purpose. It also applies to any legal entity which may be represented by You under actual or apparent authority. User(s) may use this site solely for their own personal or internal purposes.

4.2. You consent to the inclusion of Your personal data in Our on-line database and authorize Company to share such information with any third party. You also consent to the use your personal information in relation to our Programmes on our website under the respective tabs – ‘Career’, ‘Marketing & Sales’ and ‘Other’.

4.3. This Terms of Use applies to all Company services as and when offered on the Website, collectively with any Additional Term and condition that may be applicable to the specific service used/accessed by User(s).In the event of a conflict or inconsistency between any provision of the terms and conditions mentioned herein with those of the particular service, the provisions of the terms and conditions applicable to such specific services shall prevail.

5. AMENDMENT TO USER(S) AGREEMENT

5.1. Company may change, modify, amend, or update this Terms of Use from time to time without any prior notification to User(s) and the amended and restated terms and conditions of use shall be effective immediately on posting. If You do not adhere to the changes, You must stop using the Website or any service (as applicable) provided under this Website. Your use of the Website or the service (if any) will signify your acceptance of the changed terms.

6. INTELLECTUAL PROPERTY RIGHTS

6.1. The Website and the material, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code etc. (collectively, the “Content”) on the Website is owned and controlled by Company and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by TRADE DRESS, COPYRIGHT, PATENT AND TRADEMARK LAWS, and various other intellectual property rights and unfair competition laws.

6.2. The Trademarks, logos and service marks displayed on the Website (the “Marks”) are the property of Company or the respective third parties. You are not permitted to use the Marks without the prior consent of Company and the third party that may own the Marks. All rights, not otherwise claimed under this Terms of Use or by the Company, are hereby reserved. The Content in this Website is intended solely to provide general information for the personal use of the reader, who accepts full responsibility for its use. Company does not represent or endorse the accuracy or reliability of any information, or advertisements contained on, distributed through, or linked, downloaded or accessed from any of the Content or services (if any) contained on this Website, or the quality of any products, information or other materials displayed, or obtained by You as a result of an advertisement or any other information on the Website or offer in or in connection with the service.

6.3. Except as expressly provided in this Agreement, no part of the Website and no Content or Marks may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without Company’s express prior written consent.

6.4. We accept no responsibility for any errors or omissions, or for the results obtained from the use of this information. All information in this Website is provided "as is" with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. Nothing herein shall to any extent substitute for the independent investigations and the sound technical and business judgment of the User(s). In no event shall Company be liable for any direct, indirect, incidental, punitive or consequential damages of any kind whatsoever with respect to the service (if any), the Content, materials and the products (as applicable). User(s) of this site must hereby acknowledge that any reliance upon any/ entire Content shall be at their sole risk.

6.5. Trademark: “PLASMAGEN” “PLASMAGEN BIOSCIENCES” “PLASMATET”, “PLASMAHEP”, “PLASMAGLOB”, “RHOGEN”, “BUMINEXT”, “PLASMARAB”, ”PLASMARHO”, ”PLASMARHO DIV”, “VERBUMIN”, ”PLASVENOM”, ”E - PLASMARAB” “ULIPTA”, “MOBIXAFOR”, “RITULASTA”, “AVANGIO” and such other related icons and logos are registered trademarks or trademarks or service marks of Company in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.

6.7. URL's/Sub-Domain: URL's/Sub-Domain Names assigned by Company to its Users (which includes both paid and free) is the exclusive property of Company and it cannot be assumed to be permanent in any case. Company reserves the right, without prior notice, at any point of time, to suspend or terminate or restrict access to or edit the URL's/Sub domain names. IN SUCH CASE, COMPANY WILL NOT BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION OR OTHERWISE.

7. LINKS TO THIRD PARTY SITES

7.1 Links to third party sites (“Linked Sites”) are provided by Website as a convenience to User(s) and Company does not have any control over such sites i.e. content and resources provided by them. The Linked Sites are not under the control of Company and Company shall not be held 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. Company shall not be held responsible for any form of transmission whatsoever, received by You from any Linked Site. The Website provides these links to You only as a convenience, and the inclusion of any link does not imply endorsement by Company or any association with its operators or owners. You are requested to verify the accuracy of all information on Your own before relying on such information.

7.2 Company may allow User(s) access to Content, products or services (as applicable) offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) to such Third Party's website. You are cautioned to read such sites' terms and conditions and/or privacy policies before using such sites in order to be aware of the terms and conditions of Your use of such sites. Company does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Website or services or any Linked Sites or featured in any banner or other advertising. Company makes no representations or warranties whatsoever about, and shall not be liable for, any such third parties, their materials or services. Company will not be a party to, or in any way be responsible for, monitoring any transaction between You and third-party providers of products or services. Any dealings that You may have with such third parties are at Your own risk. Company reserves all rights to publish advertisements on the Website.

8. TERMINATION

8.1 Most content and some of the features on the Website are made available to visitors free of charge. However, Company reserves the right to terminate access to certain areas or features of the Website at any time for any reason, with or without notice. Company also reserves the universal right to deny access to Users to any/all of its services/Content (as applicable) without any prior notice/explanation in order to protect the interests of Company and/or other visitors to the Website. Company reserves the right to limit, deny or create different access to the Website and its features with respect to different User(s), or to change any of the features or introduce new features without prior notice.

8.2 In addition to the provisions for suspension or termination to access to certain areas or features of the Website, Company may, at any time, with or without notice, suspend or terminate the access if:

8.3 User(s) acknowledge that inability to use the Website wholly or partially for whatever reason may have adverse effect on its business. User(s) hereby agree that in no event shall the Company be liable to the User(s) or any third parties for any inability to use the Website (whether due to disruption, limited access, changes to or termination of any features on the Website or otherwise), any delays, errors or omissions with respect to any communication or transmission, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the Website or any of its features.

9. DATA PROTECTION

Personal information supplied by User(s) (if any) during the use of Website is governed by Our privacy policy. Please click here to know about Our privacy policy.

10. USE OF THE WEBSITE

10.1. Subject to compliance with the Terms of Use, the Privacy Policy, the Additional Terms, and all other applicable terms and guidelines, Company hereby grants You a non-exclusive, revocable license to use the Website and the services (if any) as set forth in the Terms of Use; provided, however, that (i) You will not copy, distribute, or make derivative works of the Website in any medium without Company's prior written consent; (ii) You will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purposes; and (iii) You will otherwise act in accordance with the terms and conditions of the Terms of Use and in accordance with all applicable laws.

10.2. You agree not to use or encourage, or permit others to use, the Website to:

Any violation by You of the terms of this Section may result in immediate suspension or termination of Your Accounts without any refund or other compensation.

10.3. You acknowledge and agree that by accessing or using the Website, services (if any) or Content, You may be exposed to materials from others that You may consider offensive, indecent or otherwise objectionable and hereby do waive any legal or equitable rights or remedies You have or may have against Company with respect thereto, and agree to indemnify and hold Company, its affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to Your use of the Website.

10.4. Company has the right to change modify, suspend, or discontinue and/or eliminate any aspect(s), features or functionality of the Website or the services (if any) as it deems fit at any time without notice, Company may also impose limits on certain features or restrict Your access to parts or all of the services (if any) without notice or liability. Company makes no commitment, express or implied, to maintain or continue any aspect of the Website/services (as applicable). You acknowledge that Your use of the Website/service is subject to this risk and that You knowingly assume it and make Your decisions to participate in the services (if any). You agree that Company shall not be liable to You or any third party for any modification, suspension or discontinuance of the Website or the services.

11. DISCLAIMER OF WARRANTIES

11.1 YOU AGREE THAT YOUR USE OF THE WEBSITE AND THE SERVICES (IF ANY ) SHALL BE AT YOUR SOLE RISK. YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE, THE CONTENT AND THE SERVICES (IF ANY) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, DO NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE AND THE SERVICES AT THE TIMES OR LOCATIONS OF YOUR CHOOSING, THAT THE WEBSITE AND THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEBSITE AND THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH OR FROM USE OF THE WEBSITE OR THE SERVICES (IF ANY) SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. OTHER WRITTEN OR ORAL STATEMENTS BY COMPANY’S REPRESENTATIVES OR OTHERS DO NOT CONSTITUTE WARRANTIES OF COMPANY.

11.3 As and when applicable, Company does not represent or warranty that the manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Website does not violate any third party rights; and Company makes no representations or warranties of any kind concerning any product or service offered or displayed on the Website. Any material downloaded or otherwise obtained through the Website is done at Your sole discretion and risk and You are solely responsible for any damage to Your computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by You from Website or through or from the Website shall create any warranty not expressly stated herein.

11.4 By using the Website and holding an Account, You acknowledge and agree that Company shall not be liable for any unauthorized use of Your credit/debit card or unauthorized use of Your financial or other information submitted by You to the Website.

11.5 Company will not be liable for any loss that You may incur as a result of someone else using Your password or Account or Account Information in connection with the Website or any Services, either with or without Your knowledge. In the event of deletion of Your Account, due to a default on Your part, Company shall not be held liable for any loss of Your information or Your Content as a result of such deletion.

12. LIMITATION OF LIABILITY

12.1 IN NO EVENT SHALL COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT, OF OR IN CONNECTION WITH, YOUR USE OF, OR ACCESS TO, THE WEBSITE OR THE SERVICES.

12.2 IN CASE THE LAW PROHIBITS COMPLETE EXCLUSION OF LIABILITY, COMPANY’S AGGREGATE LIABILITY (WHETHER UNDER CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY OR OTHERWISE) AND THAT OF ITS AFFILIATES SHALL BE LIMITED TO SUCH CORRECTIVE ACTIONS ONLY, AS APPLICABLE AT THAT POINT OF TIME.

13. INDEMNITY

13.1 You agree to defend, indemnify and hold harmless Company, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) Your use of and access to the Service; (ii) Your violation of any term of these Terms of Service; (iii) Your violation of any third party right, including without limitation, any copyright, property, or privacy right; or (iv) any claim that Your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and Your use of the Service.

14. NOTICES

All notices or demands to or upon Website shall be effective if in writing and shall be duly made when sent to Company in the following manner stated below:

All notices or demands to or upon a User(s) shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User(s) to Website, or by posting such notice or demand on an area of the Website that is publicly accessible without a charge.

Notice to a User(s) shall be deemed to be received by such User(s) if and when Website is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User(s), or immediately upon Website's posting such notice on an area of the Website that is publicly accessible without charge.

15. GOVERNING LAW AND DISPUTE RESOLUTIONS

15.1 Terms and condition of use agreement, Privacy Policy or any Additional Terms shall be governed in all respect by the laws of Indian Territory. Company considers itself and intended to be subject to the jurisdiction only of the Courts of Bengaluru, Karnataka, India. The parties to this Agreement hereby submit to the exclusive jurisdiction of the courts of Bengaluru, Karnataka, India.

15.2 Website and the relationship between You and Company shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles.

15.3 You agree that all claims, differences and disputes arising under or in connection with or pursuant to the Website, the Terms of Use, Privacy Policy, Additional Terms or any transactions entered into on or through the Website or the relationship between You and Company shall be subject to the exclusive jurisdiction of the competent courts located in Bengaluru and You hereby accede to and accept the jurisdiction of such courts.

15.4 Company accepts no liability whatsoever, direct or indirect for non-compliance with the laws of any country other than that of India. The mere fact that the Website can be accessed or used or any facility can be availed of in a country other than India will not imply that Company accedes to the laws of such country.

16. GENERAL PROVISIONS

16.1 Entire Agreement: The Terms of Use, along with the Privacy Policy, and any other guidelines made applicable by the Website from time to time, constitute the entire agreement between Company and You with respect to Your access to or use of the Website and the services (if any) thereof.

16.2 Assignment: You cannot assign or otherwise transfer the Terms of Use, or any right granted hereunder to any third party. Company’s rights under the Terms of Use are freely transferable by Company to any third parties without the requirement of seeking Your consent.

16.3 Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect.

16.4 Waiver: Any failure by Company to enforce or exercise any provision of the Terms of Use, or any related right, shall not constitute a waiver by Company of that provision or right.

16.5 International Users: The Website is controlled, operated and administered by Company from its offices in India. Company makes no representation that the Website, services (if any) or Content are appropriate or available for use at other locations outside India, and access to the Website from jurisdictions where the services (if any) or Content are illegal is prohibited. Company reserves the right to block access to the Website by certain international Users. If You access the Website from a location outside India, You are responsible for compliance with all applicable local laws.

16.6 Report Abuse: Please report any violations of the copyright or Terms of Use via the report abuse mechanism offered on the Website and available at http://plasmagen.in/.

16.7 Relationship: You acknowledge that Your accessibility to the Website or participation in the service (if any) on the Website, does not make You a Company employee or agency or partnership or joint venture or franchise relationship is intended or created by this Terms of Use.

Company provides these Terms of Use on the Website so that You are aware of the terms that apply to Your use of the Website and the services (if any). You acknowledge that Company has given You a reasonable opportunity to review these Terms of Use and that You have agreed to them.

17. FEEDBACK AND INFORMATION

Any feedback You provide to this Website shall be deemed to be non-confidential. Company shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that (i) Your feedback does not contain confidential or proprietary information of You or of third parties; (ii) Company is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) Company may have something similar to the feedback already under consideration or in development; and (iv) You are not entitled to any compensation or reimbursement of any kind from Company for the feedback under any circumstances.

The information contained on this Website is subject to change without notice. Copyright © PlasmaGen Biosciences Private Limited. All rights reserved.