Terms of Service Agreement
PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY AND SHOULD BE READ IN CONJUCTION WITH TRANSACTED ORDERS. BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This Terms of Service Agreement (the "Agreement") governs your (the “User”) use of this website, www.passi.org (the "Website"), Passi HealthCom Pvt.Ltd. (“Passi”, “We”, “Our”, “Us”) offer of products for purchase on this Website, or your purchase of products available on this Website. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below.
Passi reserves the right to change or revise the terms and conditions of this Agreement at any time without any prior notice, by posting any changes or a revised Agreement on this Website with the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your continued use of the Website will constitute your acceptance to the changes or revisions in the Agreement.
We encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing use of the Website. If you do not agree to this Agreement (including any referenced policies or guidelines), please do not use the Website.
Terms of Use
Terms of Offer: This Website offers for sale Of certain products (the "Products"). By placing an order for the Products through this Website, you agree to the terms set forth in this Agreement.
Proprietary Rights: Passi has proprietary rights and trade secrets in the Products. All content accessible on the website, including text, graphics, images, photographs, logos, videos, user interfaces, visual interfaces applications, programs, computer code and other information (collectively, the "Content"), is owned by Passi or its licensors and is protected by copyright, trademark and other intellectual property and unfair competition laws.
You may not copy, reproduce, resell, redistribute or transmit the Content of any Product manufactured and/or distributed by Passi, by any means including electronically i.e. email or post it on their personal or public websites or social networks.
Taxes & Levies: If you purchase any Products, at the time of placement of order(s), you will be responsible for paying prevailing taxes & levies, if applicable.
Your Account: Please ensure that the details you provide us with are correct and complete. If there is any changes inform us immediately for the necessary changes in your account information. Passi reserves the right to refuse access to the website, terminate accounts, remove or edit content at any time without notice to you.
If you use the website, you are accountable & responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account. You should take all necessary steps to restrict access to your computer to prevent unauthorised access to your account. If you have any reasons to belive that your account information is leaked or used in an unauthorised manner, intimate us immediately.
Accessibility: Passi will take utmost care for uninterrupted accessibility and error-free transmissions of our website. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.
Use of Website: Passi is not responsible for any damages resulting from use of this website by anyone. You will not use the Website for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the Website by other users, (3) not resell material on the Website, (4) not engage, directly or indirectly, in transmission of "spam", chain letters, junk mail or any other type of unsolicited communication, and (5) not defame, harass, abuse, or disrupt other users of the Website
License: By using this Website, you are granted a limited, non-exclusive, non-transferable rights to use the content and materials on the Website in connection with your normal, non-commercial, use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from Passi.
Posting: By posting, storing, or transmitting any content on the Website, you hereby grant Passi a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. Passi does not have the ability to control the nature of the user-generated content offered through the Website.
Subscription: Subscription period of ordered journal(s) are valid for one year starting from the month of subscription booking and include the number of issues stated on the price list or on the product page. Subscription of the journal will not be automatically renewed and cannot be terminated before the end of the subscription period. Passi reserve the right to terminate a subscription with immediate effect for grave cause. The subscription prices may increase or decrease during the term of the agreement on use. Any such price change shall not affect a subscription already taken out.
Orders received from Subscription Agencies shall not be entertained online.Prices: All prices are in INR and shall be applicable as mentioned against each title. Prices are subject to change without prior notice.
Supply terms: Supply of books / multimedia shall be subject to prior sale/availability. In case of non-availability of books /multimedia, your order may be arranged for or refunded. Supply of journals shall be made on yearly subscription basis i.e. as and when the journals are published/received from overseas.
Disclaimer of Warranties
You acknowledge and undertake that you are accessing the services on the website and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the website.
YOUR USE OF THIS WEBSITE AND/OR PRODUCTS ARE AT YOUR SOLE RISK. THE WEBSITE AND PRODUCTS ARE OFFERED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PASSI HEALTHCOM PVT. LTD. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE PRODUCTS OR WEBSITE CONTENT, OR ANY RELIANCE UPON OR USE OF THE WEBSITE CONTENT OR PRODUCTS. ("PRODUCTS" INCLUDE TRIAL PRODUCTS.)
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PASSI MAKES NO WARRANTY:
THAT THE INFORMATION PROVIDED ON THIS WEBSITE IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.
THAT THE LINKS TO THIRD-PARTY WEBSITES ARE TO INFORMATION THAT IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR THAT DEFECTS IN PRODUCTS WILL BE CORRECTED.
REGARDING ANY PRODUCTS PURCHASED OR OBTAINED THROUGH THE WEBSITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of Liability
PASSI ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHWERWISE, WITH RESPECT TO THE WEBSITE CONTENT AND PRODUCTS AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID, LESS SHIPPING AND HANDLING, FOR PRODUCTS PURCHASED VIA THE WEBSITE.
PASSI WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE PRODUCTS IN ANY MANNER, INCLUDING LIABILITIES RESULTING FROM (1) THE USE OR THE INABILITY TO USE THE WEBSITE CONTENT OR PRODUCTS; (2) THE COST OF PROCURING SUBSTITUTE PRODUCTS OR CONTENT; (3) ANY PRODUCTS PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE; OR (4) ANY LOST PROFITS YOU ALLEGE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
indemnification
You will release, indemnify, defend and hold harmless Passi and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Website content or your use of the Website content; (3) the Products or your use of the Products (including Trial Products); (4) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to Passi. When Passi is threatened with suit or sued by a third party, Passi may seek written assurances from you concerning your promise to indemnify Passi; your failure to provide such assurances may be considered by Passi to be a material breach of this Agreement. We will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content or Products, with counsel of Passi choice at its expense. We will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend Passi against any claim, but you must receive Passi prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Products.
PRIVACY / CONFIDENTIALITY
Passi believes strongly in protecting user privacy and providing you with notice of use of data. The personal information / data provided to us by you during the course of usage of our website will be treated as strictly confidential and in accordance with the Privacy Notice and applicable laws and regulations. If you object to your information being transferred or used, please do not use the website. Please refer to Privacy Policy of Passi HealthCom Pvt. Ltd.
AGREEMENT TO BE BOUND
By using this Website or ordering Products, you acknowledge that you have read and abide by/agree to be bound by this Agreement and all terms and conditions on this Website.
GENERAL
Force Majeure: Passi will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.
Cessation of Operation: Passi may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products.
Entire Agreement: This Agreement comprises the entire agreement between you and Passi and supersedes any prior agreements pertaining to the subject matter contained herein.
Effect of Waiver: The failure of Passi to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
Governing Law; Delhi Court Jurisdiction: This Website originates from the state of Delhi. This Agreement will be governed by the laws of the State of Delhi Courts without regard to its conflict of law principles to the contrary. Neither you nor Passi will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in State of Delhi. By using this Website or ordering Products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.
Statute of Limitation: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Products or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Waiver of Class Action Rights: BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHER IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.
Termination: Passi reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and Passi may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Website is terminated, Passi reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. This Agreement will survive indefinitely unless and until Passi chooses, in its sole discretion and without advance to you, to terminate it.
Domestic Use: Passi makes no representation that the Website or Products are appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.
Assignment: You may not assign your rights and obligations under this Agreement to anyone. Passi may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.
BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
Children: Use of our Website is available only for persons above the age of 18. If you are a minor i.e. under the age of 18 years, you may use our Website only with the involvement of a parent or guardian.
Our Details: If you have questions or concerns, feel free to email Us or to correspond at passi@passi.org and We will attempt to address Your concerns.
LAST REVISION: [1st March, 2017]