Terms & Conditions
THIS TERMS AND CONDITIONS ('Terms') CONSTITUTE AN AGREEMENT BETWEEN ALL PERSONS ACCESSING, VISITING AND USING THIS WEBSITE, ITS SERVICES AND PRODUCTS ('Users'), AND ALL USERS MUST READ, UNDERSTAND AND ACCEPT THIS TERMS BEFORE USING THIS SITE, ITS PRODUCTS AND SERVICES.
All Users of this website agree to abide by the following rules and regulations while using this Website:
- A User must not use this website, its products and services for perpetrating any offence prohibited and punishable under the Indian laws or commit any other illegal activities prohibited by Law
- A User must not upload obscene, profane indecent material with intent to harass or embarrass any other User of this Website
- Users shall inform the admin immediately in case there is change in their personal information. Example Mobile No. Address, etc.
- A User must not disclose his own password to third parties or allow other Users to use his account. Wings Pharma is not responsible for any financial loss occurred to Users for any unauthorized use. Hence to avoid any unauthorized use, user should not share the login details or password to others including Wings Pharma authorized representatives. A User must inform Wings Pharma from his registered mobile number, if he feels that a password is not confidential anymore and his account is no more secure.
- All Users must respect the Intellectual Property Rights of Wings Pharma and other Users. Users must not infringe or attempt to infringe the intellectual property rights of Wings Pharma this Website and other Users.
- Users must not upload any virus, bots, Trojan horse, computer program, cheats, third party software, automation, in order to disrupt Wings Pharma or its products and services, or to gain any confidential information out of Wings Pharma relating to its User accounts, proprietary information, and private information.
- User should not collect personal information about other Users by unauthorized and illegal means.
Intellectual Property Rights
- All intellectual property rights to the Website's content including without limitation this Website's text, logo's, all forms of software, source code, audio, videos, images, marks, website's design, etc. together with intellectual property rights of Wings Pharma in its trademarks, service marks, design, trade names, copyright, patents, etc. which may be displayed or contained in this Website is sole and exclusive property of Wings Pharma. No User shall infringe the intellectual property rights of Wings Pharma by adopting any means including but not limited to copying, using, modifying, displaying, publishing aforementioned content without the express permission of Wings Pharma.
Despite consistent efforts on the part of Wings Pharma to provide the services and products promised by it and to maintain quality, this Website and its services is provided on "AS IS" and "AS AVAILABLE" basis. Wings Pharma does not provide any warranty regarding the availability of this website at all times or the Website shall be free from errors or the Website and its services shall be timely, accurate and without any interruption or the Website and its Services shall be free from viruses, malware, adware which may cause harm to the computer or software of the User. User accesses this website and uses the services of this Website at their own risk.
By accessing or using Wings Pharma website and Services, User hereby grants permission to Wings Pharma to do the following:
The Users grant permission to display comments, feedback and reviews of Wings Pharma products and services to other Users and third party media for publicity.
Limitation of Liability
User agrees that Wings Pharma does not assume any liability for any direct, indirect, consequential losses, damages including without limitation damages for loss of profits, damage to equipment, death, destruction of data, loss of goodwill, damages for any inaccurate information, technical malfunction, deletions or damage to any data stored in any computer or database, damage to the computer or equipment of any User, unavailability of this Website, its products and services due congestion, electronic malfunction, or typographical errors or any combination thereof because of User accessing this Website, its services or products.
If under any circumstances a User is found to be in violation of any rules and regulation laid down by this terms, Wings Pharma can at its absolute and sole discretion take any of the following measures:
- Delete, deactivate, and deny access to this Website temporary or permanently to any User.
- Pursue legal action for damages caused by the users.
- Wings Pharma decision shall be final regarding the measure to be adopted against a particular User for any violation of the express obligation laid down by this Terms.
Applicable Law and Dispute Resolution
- If any disputes arising out of this agreement between the parties, shall be mutually resolved through discussion by both parties by giving written communication.
- In case the dispute cannot be resolved within 60 days, through negotiation and discussion the matter shall be resolved through arbitration. In such case, either Wings Pharma or the concerned User shall notify the other about their intention to resolve the matter through arbitration.
- The User must file an action/ complaint before Wings Pharma for any claim arising out of use of this website, its services or products, violation of any term, agreement, rules and regulation within 15 days, if the user fails to file an action within the aforementioned period Wings Pharma shall not be held liable for any claim or demand file by the users.
- In case Wings Pharma or any User decides to resolve the matter through arbitration, the place of arbitration shall be at Delhi and User give express right and authority to Wings Pharma for appointing an arbitrator. Wings Pharma shall appoint an impartial and unprejudiced sole arbitrator.
- The cost of arbitration shall be borne by all parties relating to the dispute equally and any interim or final arbitral award made by the arbitrator shall be binding on the all parties. The arbitrator shall have all powers granted to him by the Arbitration and Conciliation Act, 1996.
- Wings Pharma has the right to pursue legal action in any court of law, which it may be entitled to take as per law for the same cause of action even though a matter is pending before the arbitrator regarding the same cause of action. Wings Pharma does not waive its right to file a suit in any court of law or to take legal action which is criminal in nature, which it may be entitled to take as per law, irrespective of whether a matter is pending before the arbitrator regarding the same issue or because the matter is to be resolved through arbitration.