Please read these Terms and Conditions carefully. The https://www.veehealthtek.com/
website and the services and content provided by and contained on the website (the
“Site”) are the property of Vee Healthtek Pvt. Ltd., with its principal office at
#71, Sona Towers, Miller Road, Bangalore 560052, India (“Vee Healthtek Pvt.
Ltd.”). Your access to and use of the Site is governed by these Terms and
Conditions (the “Agreement”) [, and which may include any accounts created or
notices and consent given in connection with the Site]. As used in this Agreement,
“Vee Healthtek,” “we,” “us,” or “our” refers to [Vee Healthtek, which is
the health care logistics processing vertical and subsidiary] of Vee Technologies Pvt.
Ltd. and has the authority and ability to grant access to the Site. “You” or
“your” refers to you. Vee Healthtek and you may be referred to as a
“party” or collectively as the “parties.”
BY USING OR ACCESSING THE SITE [OR REGISTERING AN ACCOUNT] IN ANY WAY, YOU AGREE TO
THESE TERMS AND CONDITIONS AS FOLLOWS:
1. Agreement to Deal Electronically
You represent that (1) you have read, understand, and agree to be bound by this
Agreement, (2) you are of legal age to form a binding contract with us, and (3) you have
the authority to enter into this Agreement personally, or on behalf of another company
or entity, in which case you have the authority to bind the entity to this Agreement.
[When you provide us with your contact information, you expressly agree Vee Healthtek
can, and you authorize us to, communicate with you electronically for all aspects of
your use of the Site, which includes sending electronic notices via the contact method
you provided. To the maximum extent permitted by applicable law, you agree such notices
we send you will satisfy any legal requirements that such communications be in writing.]
For any information regarding the Site, or delivery of electronic notices, you can
contact Vee Healthtek using the contact information available on the Site. IF YOU DO
NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE SITE. PLEASE BE
AWARE THAT ANY DISPUTE BETWEEN YOU AND US IS SUBJECT TO A CLASS ACTION WAIVER AND MUST
BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION. PLEASE READ THE DISPUTE RESOLUTION
PROVISION (SECTION 14 BELOW) AS IT AFFECTS YOUR RIGHTS UNDER THIS CONTRACT.
2. Changes to this Agreement
You are bound by the version of Agreement that is in effect on the date of your visit.
Please note that the Agreement is subject to change by us in our sole discretion at any
time with or without notice. Changes made to the Agreement will be available through the
Site. Please view these terms and conditions as and when you visit the Site. By
continuing to access or use the Site on or after the date the new Agreement is posted,
you agree to be bound by the most recent version of this Agreement. If you do not agree
to the changes, you must immediately stop using the Site.
3. Our Responsibilities
Subject to your compliance with and the terms and conditions of this Agreement, we grant
you a non-exclusive, non-transferrable and non-sublicensable right for you to access and
use the Site. The terms of this Agreement will also apply to updates and upgrades of the
Site later made available by us to you. We may update the functionality, user
interfaces, and usability from time to time in our sole discretion as part of our
ongoing mission to improve the Site. We reserve the right to, at any time, modify,
update, suspend or discontinue the Site without notice or liability to you or any third
party.
4. User Conduct
- Account. [If you create an account, your account cannot be shared or used
by more than one user/person. You acknowledge and understand your account
information is provided and controlled by you. You are responsible for
maintaining the confidentiality of its logins, passwords, and accounts, and for
all activities that occur under your account. You acknowledge and agree we and
Vee Healthtek Pvt. Ltd. will not be liable for any activity that occurs under
your account.]
- Your Responsibilities. You will: (a) obtain any permissions and consents
required for us to access Your Data (defined below) in connection with the Site;
(b) be responsible for your compliance with this Agreement; (c) be responsible
for the accuracy, appropriateness, and legality of Your Data; (d) use
commercially reasonable efforts to prevent unauthorized access to or use of the
Site, and promptly notify us of any such unauthorized access or use; (e) use the
Site only in accordance with this Agreement, applicable laws, and government
regulations; and (f) be responsible for all costs, expenses, losses and
liabilities incurred and activities undertaken by you in connection with your
use of the Site.
- Usage Restrictions. You will be liable for communications and data posted
through your account or by you to the Site. You hereby agree that violating any
of the conditions mentioned below will constitute a material breach of this
Agreement. We reserve the right to terminate your account and access to the Site
for violating Section 4 and this subsection.
- You shall not use this Site for any illegal or unlawful purpose.
- You shall not upload, transmit, or otherwise make available any kind of
viruses, worms, Trojan horse or anything similar that is designed to
interfere with or damage our or Vee Technologies Pvt. Ltd.’s operating
systems, computers, hardware, or property.
- You shall not upload, transmit, or otherwise make available any
materials that are, in our discretion, defamatory in nature, offensive
or obscene or menacing, unlawful, unsolicited, harassing, tortious,
abusive, slanderous, or hateful.
- You shall not upload, transmit, or otherwise make available any
information or content for which you do not have a right to make
available under any applicable law or contractual or fiduciary
relationships, or that infringes, misappropriates, or otherwise violates
any intellectual, privacy, or proprietary rights of any third party.
- You shall not upload, transmit, or otherwise make available any
information or material to this Site which interrupts, damages, renders
less efficient, or may impair the effectiveness or functionality of this
Site.
- You will not use the Site to violate another third party's rights or
perform any act that would infringe or violate a third party’s
intellectual or proprietary rights.
- You shall not make the Site available to, or use the Site for the
benefit of, any other third party (except for the entity or company for
which you are using or accessing the Site).
- You shall not sublicense, resell, or similarly exploit the Site.
- You shall not reverse engineer, modify, adapt, or hack the Site, or
otherwise attempt to gain unauthorized access to the Site or its related
systems or networks.
- You shall not access the Site to build a similar or competitive product
or service or use the Site to gather information unlawfully about us or
Vee Technologies Pvt. Ltd.
- You shall not remove or modify any markings or identification,
proprietary, copyright or other notice of our or our licensors’
proprietary rights.
5. Proprietary Rights
- Our Rights. Subject to the limited rights expressly granted to you under
this Agreement and Section 5, as between you and us, we and/or our licensors own
and hold all right, title and interest in and to the Site, including all
underlying software, data compilations and information, all materials contained
in and related to the Site and all intellectual property derived from the Site,
including without limitation, all patents, trademarks, copyrights (whether or
not any of the foregoing is registered or registerable), database rights, and
trade secrets, notwithstanding that portions of the Site may be derived in whole
or in part from publicly available sources. Subject to this Agreement, we grant
you a limited, non-exclusive, nontransferable, and non-sublicensable license
only to make electronic copies and to print in hard copy, portions of the Site
for the sole purpose of researching or using the services of Vee Healthtek.
Using any content, other than what has been already permitted, without the
consent of Vee Healthtek, is strictly prohibited. This prohibition includes,
but is not limited to, modification, copying, distributing, transmitting,
displaying, publishing, selling, creating derivative works or using any
materials available on or through the Site for commercial or public purposes.
- Trademarks. The trademarks, logos and service marks displayed on the Site
(“Marks”) are our property or the property of the respective third party.
No right or license to use the Marks is granted under this Agreement, except
that you shall have the limited right to use the Marks solely as they appear on
the Site. Otherwise, you are prohibited from using any Marks for any purpose
without the express written permission of Vee Healthtek. This will include, but
is not limited to, prohibition from using the Marks as metatags on other pages
or Sites.
- Feedback If you provide us any feedback or suggestions regarding the
Site, then you grant us an unlimited, irrevocable, perpetual, sublicensable,
royalty-free license to use any such feedback or suggestions for any purpose
without any obligation or compensation to you.
- Your Data. You grant us a worldwide, non-exclusive, sublicensable,
transferable, royalty-free, limited term right and license to access, use, copy,
distribute, transfer, perform, and display all data, content, and information
you submitted through the Site and the specific output that is generated by your
use of the Site (“Your Data”), and provide necessary access to third
party service providers acting on our behalf only: (a) to provide, maintain, and
update the Site for you; (b) to prevent or address service or technical problems
or at your request in connection with support matters; (c) as compelled by law;
or (d) as expressly permitted in writing by you. Subject to the limited rights
and licenses granted herein, we acquire no right, title, or interest under this
Agreement in or to any of Your Data.
- De-Identified Data. You acknowledge and agree that we may collect, use
and analyze any de-identified information derived from Your Data (collectively,
the “De-identified Data”) for our lawful business purposes, including to
improve and enhance the Site and for other development, diagnostic, and
corrective purposes in connection with the Site, to help you by improving the
efficiency when using the Site, and to recommend additional or alternative
solutions, products, or services to you. We may disclose De-identified Data
solely in aggregate form in connection with our business.
6. Confidentiality
- “Confidential Information” means any nonpublic information of a party
(the “Disclosing Party”), whether disclosed orally or in written or
digital media, that is identified as “confidential” or with a similar legend at
the time of disclosing or that the receiving party (the “Receiving
Party”) knows or should have known is the confidential or proprietary
information of the Disclosing Party. Your Confidential Information includes Your
Data, and our Confidential Information includes the Site (including its software
and content, other than Your Data), and Confidential Information of each party
includes the terms of this Agreement. Confidential Information does not include
information that: (i) is already known by the Receiving Party without
confidentiality obligations; (ii) is independently developed by the Receiving
Party without reference to or use of the Disclosing Party’s Confidential
Information; (iii) is publicly known without breaching this Agreement; or (iv)
is lawfully received from a third party without confidentiality obligations.
- Protection. The Receiving Party will: (a) use the same degree of care
that it uses to protect the confidentiality of its own confidential information
of like kind (but in no event less than reasonable care); (b) not use any
Confidential Information of the Disclosing Party for any purpose outside the
scope of this Agreement; and (c) except as otherwise authorized by the
Disclosing Party in writing, limit access to the Disclosing Party’s Confidential
Information to the Receiving Party’s and its affiliates’ employees, contractors,
and agents who need such access for purposes consistent with this Agreement and
who are subject to confidentiality obligations at least as restrictive as those
in this Agreement. The Receiving Party will promptly notify the Disclosing Party
of any unauthorized use or disclosure of the Disclosing Party’s Confidential
Information. Upon the Disclosing Party’s request, the Receiving Party will
promptly return, or at the Disclosing Party’s option destroy, any of the
Disclosing Party’s Confidential Information in the Receiving Party’s possession
or under its control. The Parties acknowledge that the Confidential Information
is unique and valuable, and that breaching these confidentiality obligations may
result in irreparable injury to the Disclosing Party for which monetary damages
alone might not be an adequate remedy. Therefore, the parties agree that in the
event of a breach or threatened breach of the parties’ confidentiality
obligations, the Disclosing Party shall be entitled to seek specific performance
and injunctive or other equitable relief as a remedy without needing to post a
bond. Any such relief shall be in addition to and not in lieu of any other
appropriate relief.
- Compelled Disclosure. If the Receiving Party is legally compelled to
disclose the Disclosing Party’s Confidential Information, the Receiving Party
shall promptly notify the Disclosing Party of the order or request and permit
the Disclosing Party (at its own expense) to seek an appropriate protective
order and provide reasonable assistance to contest the disclosure. The Receiving
Party agrees it will disclose only the portions of the Confidential Information
which it is legally required to disclose and will exercise all reasonable
efforts to obtain reliable assurances that confidential treatment will be
applied to the disclosed Confidential Information.
7. Representations & Warranties
You represent and warrant that (a) you have the right, authority, and ability to enter
into this Agreement; (b) all the information submitted by you is true and accurate; (c)
you have all rights, consents, and permissions necessary for you to make available Your
Data to us for its use as contemplated in this Agreement; and (d) Your Data submitted
through the Site or your account does not infringe or violate any intellectual property
rights of any third parties.
8. Copyright Infringement
Vee Healthtek relies on users of the Site to bring to its attention any violation with
regard to any infringing materials on the Site. The users can notify Vee Healthtek by
contacting us through this link: https://www.veehealthtek.com/contact-us.htm.
9. Termination; Breach of Agreement
This Agreement will be effective upon your acceptance and will remain in full force and
effect until we terminate your access to and use of the Site. If you breach any of the
terms of this Agreement or if we are not able to verify or authenticate the information
provided by you, then Vee Healthtek will immediately issue a notice informing you of
the breach and not to repeat the same, or to cure the breach. We may suspend your access
to the Site, in whole or in part, if: (a) you use the Site in violation of this
Agreement or any applicable law; (b) suspending the Site is necessary, in our reasonable
discretion, to protect the security of the Site or our infrastructure; or (c) suspension
is required by applicable law. We may terminate this Agreement upon written notice to
you. Upon termination of this Agreement, you shall cease to access and use the Site. We
will not be liable to you or any third party for any termination of your access to and
use of the Site.
Sections 5, 6, 7, 9, 10, 11, 12, 14, 15 will survive any termination of this Agreement.
10. Indemnity
You agree to defend, indemnify and hold harmless Vee Healthtek, its licensors, members,
officers, directors, employees, agents, from and against all third-party claims, actions
or demands, liabilities, and settlements or damages, including, without limitation,
reasonable attorneys’ and accounting fees, arising in connection with your use of the
Site, resulting from or alleged to result from your use of the Site, your actual or
alleged violation of this Agreement, or to the extent any of Your Data actually or
allegedly infringes, misappropriates, or otherwise violates the rights, including
privacy and publicity rights, of any other party.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL VEE Healthtek OR ITS LICENSORS
BE HELD LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL DAMAGES, OR ANY AND ALL OTHER DAMAGES WHATSOEVER, WHETHER OR NOT
WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, PERSONAL
INJURY, FAILURE TO MEET ANY DUTY INCLUDING ACTS OF GOOD FAITH OR OF REASONABLE CARE, AND
FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER), ARISING OUT OF OR IN ANY WAY
CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, THE DELAY OR INABILITY TO USE THE
SITE, OR THIS AGREEMENT, REGARDLESS OF THE LEGAL THEORY OF LIABILITY, WHETHER IN
CONTRACT, TORT, OR OTHERWISE. THESE LIMITATIONS AND EXCLUSIONS REGARDING DAMAGES WILL
APPLY EVEN IF ANY OTHER REMEDY FAILS. IF, HOWEVER, A COURT OF COMPETENT JURISDICTION
DETERMINES THAT YOU ARE ENTITLED TO DIRECT DAMAGES PURSUANT TO APPLICABLE LAW YOU AGREE
THAT VEE Healthtek’S AND ITS LICENSORS’ AGGREGATE LIABILITY WILL NOT EXCEED THE AMOUNT
OF RS. 100.00 (RS ONE HUNDRED, INDIAN RUPEES). YOU ACKNOWLEDGE THAT THIS PROVISION IS
FAIR AND ALLOCATES THE RISKS BETWEEN THE PARTIES UNDER THIS AGREEMENT, AND THAT THE
PARTIES HAVE RELIED ON THESE EXCLUSIONS AND LIMITATIONS IN DETERMINING WHETHER TO ENTER
INTO THIS AGREEMENT.
12. Disclaimer
THE SITE AND ALL RELATED COMPONENTS AND INFORMATION CONTAINED WITHIN THE SITE ARE
PROVIDED FOR GENERAL INFORMATION PURPOSES ONLY AND ON THE UNDERSTANDING THAT NONE OF THE
CONTENT HEREIN CONSTITUTES PROFESSIONAL ADVICE. THE APPLICATION AND IMPACT OF LAWS CAN
VARY WIDELY DEPENDING ON THE SPECIFIC FACTS INVOLVED. THE SITE AND ALL RELATED
COMPONENTS AND INFORMATION ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITH NO GUARANTEE OF
COMPLETENESS, RELIABILITY, QUALITY OR ACCURACY. VEE Healthtek AND ITS LICENSORS
EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS REGARDS
THE SITE AND RELATED COMPONENT AND INFORMATION HEREIN, INCLUDING THE IMPLIED WARRANTIES
OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND
DISCLAIM ALL LIABILITY AND RESPONSIBILITY FOR ANY LOSS THAT MAY ARISE FROM RELIANCE ON
INFORMATION CONTAINED WITHIN THE SITE. VEE Healthtek AND ITS LICENSORS DO NOT WARRANT
THAT THE SITE (INCLUDING ANY RELATED MATERIALS) WILL MEET YOUR REQUIREMENTS OR
EXPECTATIONS OR WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.
13. Force Majeure
We will not be held liable or considered to be in default of our obligations, implied or
express, when the failure or delay of performance is caused by circumstances beyond our
reasonable control, including but not limited to:
- If any problems occur with regard to accessing the on-line information.
- If any problems occur with phone lines, internet access service, websites hosting
services or failure of servers, software glitches, or disputes with copyright
owners.
- If any problems occur which may include epidemics, pandemics, natural disasters,
wars, terrorism, labor shortages, riots, or judicial or government (in)action.
14. Jurisdiction
The jurisdiction and the governing law for this agreement shall be laws of Delaware. TO
THE EXTENT PERMITTED BY LAW, ANY DISPUTE, CLAIM, OR CAUSE OF ACTION IN ANY WAY RELATED
TO THE SITE SHALL BE RESOLVED BY MANDATORY, CONFIDENTIAL, FINAL, AND BINDING ARBITRATION
IN DELAWARE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS
CONSUMER ARBITRATION RULES. YOU AGREE THAT ALL DISPUTES SHALL BE ARBITRATED ON AN
INDIVIDUAL BASIS. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING YOUR RIGHT
TO A COURT OR JURY TRIAL AND ANY RIGHT TO LITIGATE OR ARBITRATE ANY CLAIM AS A CLASS
ACTION, REPRESENTATIVE ACTION, OR CLASS ARBITRATION. THIS SECTION IS GOVERNED BY THE
FEDERAL ARBITRATION ACT. Notwithstanding the foregoing, any dispute relating to this
Agreement shall be exclusively dealt with by the courts located at New Castle County,
Delaware, and each party hereby waives any defenses it may have before such courts based
on a lack of personal jurisdiction or inconvenient forum.
15. Miscellaneous
The Agreement constitutes the entire agreement between you and Vee Healthtek with
respect to the Site and your use of the Site, and supersedes all other prior
communications whether electronic, oral, or written. If any part of this Agreement is
determined to be illegal, void, invalid or unenforceable, then the invalid or
unenforceable provision will be deemed superseded by valid, enforceable language that
most closely matches the intent and allocation of risk in the original provision and the
rest of the Agreement will continue in full force and effect. No failure or delay by
either party in exercising any right under this Agreement will constitute a waiver of
that right. The parties are independent contractors and this Agreement does not create a
partnership, franchise, joint venture, agency, fiduciary, or employment relationship
between the parties.