TERMS OF SERVICE

PHARMASECURE PRODUCT AUTHENTICATION SERVICES INDIA PRIVATE LIMITED

Welcome to PharmaSecure!

The PharmaSecure websites and service are provided by PharmaSecure Product Authentication Services India Private Limited ("PharmaSecure", "we" "us" or "our").  These terms and conditions (these "Terms of Service") govern your ("You" or "Your") access to and use of the www.pharmasecure.com and www.VerifyMyMedicine.com website (the applications), tools and related information and services accessible via the Websites, SMS, phone or other communication tools (collectively, the "Services").  Access to the Websites and use of the Services is subject to these Terms of Service and the PharmaSecure Privacy Policy (www.verifymymedicine.com/privacy-policy and www.PharmaSecure.com/privacy_policy) as available on the Websites from time to time.

Acceptance of Terms.
We reserve the right to change these terms of service from time to time.  Please read them carefully, as they may have changed since your last use of our services.  These terms of service apply to all PharmaSecure services and features, unless otherwise indicated. If we make changes to our Terms of Service and Privacy Policy and you continue to use the services and the Websites, you are implicitly agreeing to the amended Terms of Service and Privacy Policy.

Scope of Service.
"Health Products") and authentication of Health Products.  To assist consumers with validating the source of Health Products, PharmaSecure provides unique authentication codes ("Authentication Codes") that are provided to Suppliers (defined below).  Those Suppliers print or affix those Authentication Codes on the packaging of their Health Products.  Consumers may confirm that the Authentication Code printed on or affixed to the packaging of Health Products is valid by sending the Authentication Code to PharmaSecure via our Websites, voice based call or short message service ("SMS").  Consumers of Health Products who use our Services are referred to as "Consumers," suppliers and manufacturers of Health Products that use our Services are referred to as "Suppliers," and Consumers and Suppliers together with any other users of our Websites or Services are hereinafter referred to as "Users" or "you." 

We will also make available Services provided by third parties via our Services, such as (i) provision of information regarding Health Products and related conditions, (ii) provision of reminders regarding Health Products, and (iii) provision of opportunities to communicate with a doctor or other medical professional ("Third Party Services").  We may make available other Third Party Services from time to time.  You will be able to choose to use, or not to use, any such Third Party Services.  Any and all Third Party Services are subject to the terms and conditions that may be established between you and the applicable third parties.  We may receive a commission or other payment from such third party service providers. It is clarified that PharmaSecure has no control over the contents of the services provided by third parties via our Services.  Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties or any other users are those of the respective author(s) or distributors and not of PharmaSecure.  Under no circumstances will PharmaSecure be liable for any loss or damage caused by Your reliance on information obtained from third parties via our Services.  It is Your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available via our Services or the Websites  

You are responsible for obtaining any equipment and mobile or communication services necessary to access our Services or Websites and for paying any fees for the equipment and service You select.  We will not be liable for any damages to Your equipment resulting from the use of the Services or Websites.

We may modify, substitute, alter, suspend, or discontinue the use of our Websites and the Services in whole or in part, at any time and for any reason, without notice.  The Websites and associated Services may also periodically become unavailable due to maintenance or malfunction of computer equipment, cellular networks, or for other reasons. We will attempt to restore such access as soon as we reasonably can.

The Services are directed solely at those who access the Websites from the Republic of India.  PharmaSecure makes no representation that the Services are available or otherwise suitable for use outside Republic of India.  If You choose to avail of the Services from locations outside the Republic of India, You do so on Your own initiative and are responsible for the consequences thereof.

Website Content.
Subject to the terms and conditions of these Terms of Service and any other agreement between You and PharmaSecure, we hereby grant to You a personal, non-transferable, non-exclusive, non-sublicensable right to access and use the Services and all information, text, images, data, links, or other material sent via SMS to Your mobile phone or displayed through our Services or Websites, whether created by us or provided by a third party for display on the Websites ("Content").

We reserve the right to make changes to document names and content, descriptions or specifications of products or services, or other information without obligation to issue any notice of such changes.
Nothing contained on our Websites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use these Websites, Services or any Content, through the use of framing or otherwise, except:  (a) as expressly permitted by these Terms of Service; or (b) with our prior written permission or the permission of such third party that may own the trademark or copyright of material displayed on our Websites.

Content Submitted by Users.
Accuracy If You choose to provide information to register on our Websites, You agree that You will provide accurate, complete, and up to date information as requested on the screens that collect information from You.  Please refer to our Privacy Policy for information on our practices for handling personal information and sensitive personal data or information.

Prohibited Conduct. By accessing our Websites and/or using our Services, You agree to abide by the following standards of conduct.  You agree that You will not, and will not authorize or facilitate any attempt by another person to use our Websites or any related Service to:

  • a) Transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, lewd, lascivious, or otherwise objectionable, as determined by PharmaSecure.
  • b) Transmit any Authentication Code on a Health Product that You do not lawfully possess.
  • c) Use a name or language that PharmaSecure, in its sole discretion, deems offensive.
  • d) Post defamatory statements.
  • e) Post hateful or racially or ethnically objectionable Content.
  • f) Post Content which infringes another's copyright, trademark or trade secret or other intellectual property or proprietary right.
  • g) Post unsolicited advertising or unlawfully promote products or services.
  • h) Harass, threaten or intentionally embarrass or cause distress to another person or entity.
  • i) Impersonate another person.
  • j) Promote, solicit, or participate in any multi-level marketing or pyramid schemes.
  • k) Exploit children under 18 years of age. 
  • l) Solicit personal information from children under 18 years of age. 
  • m) Engage in disruptive activity such as sending multiple messages in an effort to monopolize the forum.
  • n) Introduce viruses, worms, Trojan horses and/or harmful code or other malicious software or harmful data to these Websites or the SMS applications.
  • o) Obtain unauthorized access to any computer system through these Websites or the SMS applications.
  • p) Invade the privacy of any person, including but not limited to posting personally identifying or otherwise private information about a person without their consent.
  • q) Violate any federal, state, local, or international law or regulation.
  • r) Encourage conduct that would constitute a criminal or civil offense.

In addition, You may not, and may not assist or enable others to, use any robot, spider, site search/retrieval application, or other automated device, process, or means to access, retrieve, scrape, or index any portion of the Service or Content.  You also may not, and may not assist or enable others to, use any robot, spider, site search/retrieval application, or other automated device, process, or means to collect information from or about other users of the Service.

Any conduct by You that in PharmaSecure's exclusive discretion is in breach of these Terms of Service or which restricts or inhibits any other user from using or enjoying our Websites and/or the Services is strictly prohibited.  You will not use these Websites to advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of users of these Websites to become users of other online or offline service directly or indirectly competitive with PharmaSecure.

Telecommunications Providers.
If You use landline, mobile phone, internet or SMS applications to interact with our Services, Your internet or telecommunications carrier's applicable rates and charges apply.  We are not responsible for any charges You incur from Your internet or telecommunications provider as a result of use of the Services or accessing the Websites.

Intellectual Property Rights.
None of the Content contained in these Websites or provided via our Services may be reproduced, redistributed, copied, distributed republished, downloaded, displayed, posted or transmitted in any form or by any means sold, rented or sub-licensed, used to create derivative works, or in any way exploited without our prior express written permission.  You may, however, retrieve and display the Contents of the Websites on a computer screen, store such Content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such Content for Your own personal, non-commercial use, provided You keep intact all and any copyright and proprietary notices.  You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the Content on the Websites or Content provided via our Services without our prior permission

By submitting any Content, You agree to grant us a world-wide, royalty-free, perpetual, irrevocable, non-exclusive license to use, distribute, reproduce, modify, adapt, create derivative works from, and publicly perform or display such Content, subject to the terms of our Privacy Policy.  This license shall remain in effect until we delete the Content from our systems. 

Copyright Infringement; Notice and Take Down Procedures
If You believe that any materials on these Websites infringe Your copyright, You may request that they be removed.  This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative and must include the following information:  (1) identification of the copyrighted work that You believe to be infringed, including a description of the work and, where possible, a copy or the location of an authorized version of the work; (2) identification of the material that You believe to be infringing and its location, including a description of the material, its Website location or other pertinent information that will help us to locate the material; (3) Your name, address, telephone number, and email address; (4) a statement that You have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law; (5) a statement that the information in Your claim is accurate; and (6) a statement that "under penalty of perjury," You declare that You are the lawful copyright owner or are authorized to act on the owner's behalf.  Our agent for copyright issues relating to these Websites can be contacted at copyright@pharmasecure.com.

In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, of users of these Websites who are repeat infringers.

Links to Third-Party Websites.
Links to websites not owned by PharmaSecure may be provided to You as a convenience.  Any outside website accessed from our Websites is independent from PharmaSecure, and we have no control over the content of such websites.  We are not responsible for the content of any linked website or for any loss or damage incurred in connection with Your use of such links or dealings with the operators of such non- PharmaSecure websites. These links are provided solely as a convenience to You, if You decide to access linked outside websites You do so at Your own risk.

Under no circumstances will PharmaSecure be liable for any loss or damage caused by Your reliance on information contained in an outside website accessed by You through our Websites.  It is Your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice etc. or other content of any outside Websites accessed by You through our Websites.

Unless You have a written agreement with PharmaSecure expressly permitting You to do so, You may not provide a hyperlink to an outside website on the Websites.  PharmaSecure reserves the right to revoke its consent to any link to any outside website at any time in its sole discretion.

Security.
When You register to use these Websites or other Service or to participate in an online discussion forum, or other service offered on these Websites, You may be required to establish a login identifier and a password.  You are responsible for protecting Your login and password from unauthorized use, and You are responsible for all activity that occurs on Your account.  You agree to notify us immediately if You believe that Your login identifier or password has been or may be used without Your permission so that appropriate action can be taken.  We are not responsible for losses or damage caused by Your failure to safeguard Your login and password.

Disclaimer of Warranty.
You acknowledge that the Services depend on accurate transmission of Authentication Codes and other information over cellular networks.  PharmaSecure hereby disclaims liability for any damages or losses arising from: (1) interruption or failure of any third-party or user's telecommunications service or device; (2) physical damage to an authentication code that renders such authentication code illegible or unusable; (3) user error or a third party error in accurately transmitting an authentication code to PharmaSecure; (4) user failure to accurately read an authentication code or a response to an authentication code transmitted to PharmaSecure; (5) any error or inaccurate verification caused by tampering, removal or other unauthorized modification of an authentication code on health product packaging by any entity; (6) failure of user to completely follow instructions with regard to use of the services, or (7) an inaccurate verification caused by a counterfeit authentication code on health product packaging by any entity.

PharmaSecure disclaims all liability in connection with any interactions, correspondence, transactions, and other dealings that You have with any third parties, including without limitation medical professionals found on or through the Websites (including on or via linked websites or advertisements) or through our SMS and call center platforms.  All such interactions, and your decision to use such third party, are solely between you and the third party, including without limitation, issues related to the content of third-party advertisements, payments, services, delivery of goods, warranties, privacy and data security, and the like.

All authorization codes, text, images, third party services, and other information on or accessible from the services are provided "as is" without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Specifically, but without limitation, PharmaSecure does not warrant that: (i) the information available on these websites is free of errors; (ii) the functions or services (including but not limited to mechanisms for transmitting content) provided by the services will be uninterrupted, secure, or free of errors; (iii) defects will be corrected, or (iv) these websites or the server(s) that makes them available are free of viruses or other harmful components.

Limitation of Liability.
In no event shall PharmaSecure be liable to you, any other user of these websites, suppliers or any other person or entity for any direct, indirect, special, incidental, consequential or exemplary damages (including, but not limited to, damages for loss of profits, loss of data, loss of use, or costs of obtaining substitute goods or services) arising out of the use, inability to use, unauthorized access to or use or misuse of the services or any information contained thereon, whether based upon warranty, contract, tort (including negligence), or otherwise, even if has been advised of the possibility of such damages or losses. 

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages.  Accordingly, some of the above limitations may not apply to you.  Further, nothing in these terms of service shall exclude or limit our liability for fraud, death or personal injury caused by our breach of duty.

The abovementioned limitations on PharmaSecure's liability apply to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of warranty, contract, tort (including negligence) or otherwise.  You specifically acknowledge that PharmaSecure is not liable for the defamatory, offensive or illegal conduct of other users or third parties and the risk of injury from the foregoing rests entirely on you.

Our Services are a tool for reducing the risk of counterfeit products, but other factors exist which could result in the applicable health products being fraudulent or defective and we cannot guarantee the safety or efficacy of any health products. It is clarified that PharmaSecure does not warrant the fitness for a particular purpose or merchantability of any Health Product bearing our Authentication Code.   By using our Services, You agree to indemnify, hold harmless and defend PharmaSecure, its subsidiaries, any holding companies of PharmaSecure and its officers, directors, employees and agents from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim by a third party that arises in connection with Your use of our Services.

No Implied Endorsements.
In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by PharmaSecure of that third party or of any product or service provided by a third party.  Likewise, a link to any non-PharmaSecure website does not imply that we endorse or accept any responsibility for the content or use of such a website.  PharmaSecure does not endorse, warrant or guarantee any product or service offered by any third party through an online discussion forum or chat room accessible through our Websites and will not be a party to or in any way monitor any transaction involving any third party providers of products or services. As with the purchase of a product or service through any medium or in any environment, You are responsible for exercising appropriate judgment and caution.

Jurisdictional Issues.
Not all the Services are available to all locations. The information provided on the Websites does not constitute an offer to sell any product or service to anyone in any jurisdiction in which an offer to sell cannot legally be made.

Termination. 
We may terminate Your access to our Services or Websites, in our sole discretion, for any reason and at any time, upon electronic notice to You at the e-mail address provided by You at registration.  You agree that we are not liable to You or any third party for any termination of Your access to our Websites. 

Our right to terminate Your access to our Services or Websites shall not prejudice any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.

Unsolicited Ideas and Feedback.
While we welcome Your feedback, ideas, and suggestions, it is important to be aware of the following restrictions. If You send us feedback, ideas, or suggestions (collectively, "unsolicited ideas"), You agree that: (1) Your unsolicited ideas become the property of PharmaSecure and You are not owed any compensation in exchange; (2) none of the unsolicited ideas contain confidential or proprietary information of any third party; (3) PharmaSecure may use or redistribute unsolicited ideas for any purpose and in any way; (4) there is no obligation for PharmaSecure to review Your unsolicited ideas; (5) PharmaSecure has no obligation to keep any unsolicited ideas confidential; and (6) PharmaSecure will have the right to reproduce, modify, publish, edit, translate, distribute, perform and display the unsolicited ideas alone or as part of other works in any form, media, or technology whether now known or hereafter developed. If for some reason, any part of the foregoing statement does not work as a matter of law, then for any unsolicited ideas which You supply to us, from whatever source (via email, the Websites or otherwise), You grant us a royalty free, perpetual, irrevocable, non-exclusive right to use, copy, modify, adapt, translate, publish, distribute world-wide any such material, and the ability to sublicense such rights through multiple tiers of sublicensees. 

Governing Law.
These Terms of Service and any End User License Agreement that may apply shall be governed, construed, interpreted and given effect to according to the laws of India and the parties shall submit to the exclusive jurisdiction of the Courts in New Delhi.

Severability.
If any part of these Terms of Service is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

Assignment.
Neither these Terms of Service nor the licenses granted herein are transferable by You without the prior written consent of PharmaSecure, which may be granted or withheld in PharmaSecure's sole discretion.  These Terms of Service shall inure to the benefit of the parties and their successors and permitted assigns.

Entire Agreement.
These Terms of Service along with the Privacy Policy constitute the entire agreement between the parties relating to the subject matter herein and therein.  We may, at our sole discretion and without notice, revise these terms at any time by updating this posting.

No representation, undertaking or promise shall be taken to have been given or be implied from anything said or written in negotiations between the parties prior to acceptance by You of these Terms of Service, except as expressly stated in these Terms of Service. 

Force Majeure.
Without prejudice to any provision contained herein, PharmaSecure shall not be liable for any loss, damage or penalty as a result of any delay in or failure to deliver the Services due to any cause beyond PharmaSecure's control, including and without limitation, acts committed by You, embargo of other governmental act, regulation or request affecting the conduct of PharmaSecure's business, fire, explosion, accident, theft, vandalism, riot, acts of war, strikes or other labor difficulties, lightning, flood, windstorm or other acts of god.

Miscellaneous.
The section headings used herein are for convenience only and shall be of no legal force or effect.

All provisions of these Terms of Service apply equally to and are for the benefit of PharmaSecure, its subsidiaries, any holding companies of PharmaSecure and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf (save that these Terms of Service may be varied or rescinded without the consent of those parties).

No waiver by PharmaSecure of any breach or default by You hereunder is a waiver of any preceding or subsequent breach of default.

For Additional Information.
If you have any questions about these Terms of Service, please contact us via e-mail at customerservice@pharmasecure.com

Copyright © 2012, PharmaSecure Product Authentication Services India Private Limited. All Rights Reserved.

Version: 15 November, 2012