PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE AGREEMENT CAREFULLY
The following agreement captures the terms and conditions of use ("Agreement"), applicable to Your use of thesolutionanalytics.com ("Web Site"), which promotes business between analytical service providers and analytical service seekers globally. It is an agreement between You as the user of the Web Site (thesolutionanalytics.com) and V27 Enterprises herein combinedly referred to V27. The expressions “You” “Your” or “User(s)” refers to any person who accesses or uses the Web Site for any purpose.
By subscribing to or interacting with other User(s) on or entering into negotiations of price or using the Web Site (thesolutionanalytics.com) or V27 Services in any manner for any purpose, You undertake and agree that You have fully read, understood and accepted the Agreement.
If You do not agree to or do not wish to be bound by the Agreement, You may not access or otherwise use the Web Site in any manner.
I. WEBSITE- MERELY A PLATFORM
The Web Site acts as an interactive platform for User(s) to obtain the pricing of requested services and interact with other User(s) for entering into negotiations in respect thereof for obtaining analytical services. V27 is not parties to any negotiations that take place between the User(s) of the Web Site and are further not parties to any agreement including an agreement for services or otherwise, concluded between the User(s) of the Web Site.
V27 does not control and is not liable in respect of or responsible for the quality, safety, genuineness, lawfulness or availability of the services offered on the Web Site or the ability of the User(s) offering the services to complete a sale or the ability of User(s) services to complete a purchase. This agreement shall not be deemed to create any partnership, joint venture, or any other joint business relationship between V27 and any other party.
II. SERVICES PROVIDED BY V27:
• V27 provides an interactive platform for analytical services. The User (s) register their self as service seekers, raise their requirement on thesolutionanalytics.com website. The User (s) register their self as service providers, submit the quotation to service seekers. Its complete discretion of service seeker to approach service providers. V27 des not influence the service seeker to go for any preference.
III. USER(S) ELIGIBILITY
User(s) represent and warrant that they have the right to avail or use the services provided by V27 including but limited to the Web Site or any other services provided by V27 in relation to the use of the Web Site. Services can only be availed by those individuals or business entities, including sole proprietorship firms, companies, and partnerships, which are authorised under applicable law to form legally binding agreements. As such, natural persons below 18 years of age and business entities or organisations that are not authorised by law to operate in India or other countries are not authorised to avail or use V27 Services.
User(s) agree to abide by the Agreement and any other rules and regulations imposed by the applicable law from time to time. V27 shall have no liability to the User(s) or anyone else for any content, information or any other material transmitted over thesolutionanalytics.com website Services, including any fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and that the risk of damage from such material rests entirely with each User(s). The user shall do its own due diligence before entering into any transaction with other users on the website. V27 at it’s sole discretion reserves the right to refuse Services to anyone at any time. V27 Services are not available and may not be availed or used by User(s) whose Accounts have been temporarily or indefinitely suspended by V27.
IV. USER(S) AGREEMENT
This Agreement applies to any person who accesses or uses the V27 website or services for any purpose. It also applies to any legal entity which may be represented by any person who accesses or uses the Web Site, under actual or apparent authority. User(s) may use this Web Site and/or Services solely for their commercial/business purposes.
This Agreement applies to all services offered by V27 services collectively on the Web Site. This Agreement shall govern the User’s usage of V27 Services and, the User acknowledges that this Agreement shall supersede all or any term, agreement, contract executed between V27 and the User.
V. AMENDMENT TO USER(S) AGREEMENT
V27 reserves the right to change, modify, amend, or update the Agreement from time to time and such amended provisions of the Agreement shall be effective immediately upon being posted on the Web Site. If You do not agree to such provisions, You must stop using the service with immediate effect. Your continuous use of the service will be deemed to signify Your acceptance of the amended provisions of the Agreement.
VI. INTELLECTUAL PROPERTY RIGHTS
V27 is the sole owner and the lawful licensee of all the rights to the Web Site and its content ("Web Site Content"). Web Site Content means the design, layout, text, images, graphics, sound, video etc. of or made available on the Web Site. The Web Site Content embodies trade secrets and other intellectual property rights protected under worldwide copyright and other applicable laws pertaining to intellectual property. All title, ownership and intellectual property rights in the Web Site and the Web Site Content shall remain with V27.
All rights, not otherwise claimed under this Agreement by V27 are hereby reserved. Any information or advertisements contained on, distributed through, or linked, downloaded or accessed from any of the services contained on the Web Site or any offer displayed on or in connection with any service offered on the Web Site ("Website Information") is intended, solely to provide general information for the personal use of the User(s), who fully accept any and all responsibility and liabilities arising from and out of the use of such Information does not represent, warrant or endorse in any manner the accuracy or reliability of Website Information, or the quality of any products and/or services obtained by the User(s) as a result of any Website Information.
For any content and or link uploaded to the Website by the User from YouTube, the User agrees to abide and accepts, the terms of service of YouTube, available at https://www.youtube.com/t/terms.
This is also applicable to any content published directly from the journals & scientific literatures. It is the responsibility of the User (s) to abide by guidelines and terms of services of scientific organisations/websites.
The Information is provided “as is” with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of the 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 contained in the Agreement shall to any extent substitute for the independent investigations and the sound technical and business judgment of the User(s). In no event shall be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to Services. User(s) hereby acknowledge that any reliance upon the Information shall be at their sole risk and further understand and acknowledge that the Information has been compiled from publicly aired and published sources. V27 respects the rights of such entities and cannot be deemed to be infringing on the respective copyrights or businesses of such entities. V27 reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the Information.
• Trademark
"THESOLUTIONANALYTICS" and related icons and logos are registered trademarks or trademarks or service marks of V27 in various jurisdictions and are protected under applicable copyright, trademark and other proprietary and intellectual property rights laws. The unauthorized adoption copying, modification, use or publication of these marks is strictly prohibited.
• Copyright
All Web Site Content including Website Information is copyrighted to excluding any third-party content and any links to any third-party websites being made available or contained on the Web Site. User(s) may not use any trademark, service mark or logo of any independent third parties without prior written approval from such parties.
User(s) acknowledge and agree that V27 is not an arbiter or judge of disputes concerning intellectual property rights and as such cannot verify that User(s) providing services on the Web Site have the right to sell the merchandise or provide the services offered by such User(s). V27 encourages User(s) to assist V27 in identifying listings on the Web Site which in the User(s) knowledge or belief infringe their rights. User(s) further acknowledge and agree by taking down a listing, V27 does not and cannot be deemed to be endorsing a claim of infringement and further that in those instances in which V27 declines to take down a listing, V27 does not and cannot be deemed to be endorsing that the listing is not infringing of third party rights or endorsing any sale or services pursuant to or on account of such listing.
V27 respects the intellectual property rights of others, and we expect our User(s) to do the same. User(s) agree to not copy, download or reproduce the Web Site Content, Information or any other material, text, images, video clips, directories, files, databases or listings available on or through the Web Site ("THESOLUTIONANALYTICS.COM") for the purpose of re-selling or re-distributing, mass mailing (via email, wireless text messages, physical mail or otherwise) operating a business competing with V27, or otherwise commercially exploiting the V27 Content unless otherwise agreed between the parties. Systematic retrieval of V27 Content to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from V27 is prohibited.
In addition, use of the V27 content for any purpose not expressly permitted in this Agreement is prohibited and entitles V27 to initiate appropriate legal action. User(s) agree that as a condition of their access to and use of V27's Services, they will not use V27’s Services to infringe the intellectual property rights of any third parties in any way. V27 reserves the right to terminate the right of any User(s) to access or use V27’s Services for any infringement of the rights of third parties in conjunction with use of the V27’s Service, or in the event V27 is of the believes that User(s) conduct is prejudicial to the interests of V27, its affiliates, or other User(s), or for any other reason, at V27’s sole discretion, with or without cause.
• URL's/Sub-Domain
URL’s/ Sub-domain names assigned by V27 to User(s) (including both paid and free User(s)) are the exclusive property of V27 and it cannot be assumed to be permanent in any case. V27 reserves the right, without prior notice, at any point of time, to suspend or terminate or restrict access to or edit any URL's/Sub-domain names. IN ALL SUCH CASES, V27 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.
V27 may allow User(s) access to services offered by third parties through hyperlinks (offered by service providers & service seekers to access additional information) to the websites offered by such third parties ("Third Party Websites"). V27 advises its User(s) to read the terms and conditions of use and/or privacy policies applicable in respect of such Third Party Websites prior to using or accessing such Third Party Websites. Users acknowledge and agree that V27 has no control over any content offered on Third Party Websites, does not monitor such Third Party Websites, and shall in no manner be deemed to be liable or responsible to any person for such Third Party Sites, or any content, products or services made available thereof.
VII. TERMINATION
Some of the features on the Web Site are made available to User(s) free of charge. However, V27 reserves the right to terminate access to certain areas or features of the Web Site (to paying or registered User(s)) at any time without assigning any reason and with or without notice to such User(s). V27 also reserves the universal right to deny access to particular User(s) to any or all of its services or content without any prior notice or explanation in order to protect the interests of V27 and/ or other User(s) of the Web Site. V27 further reserves the right to limit, deny or create different access to the Web Site and its features with respect to different User(s), or to change any or all of the features of the Web Site or introduce new features without any prior notice to User(s).
V27 reserves the right to terminate the membership/subscription of any User(s) temporarily or permanently for any of the following reasons:
(a) If any false information in connection with their account registered with V27 is provided by such User(s), or if such User(s) are engaged in fraudulent or illegal activities/transactions.
(b) If such User(s) breaches any provisions of the Agreement.
(c) If such User(s) utilizes the Web Site to send spam messages or repeatedly publish the same product information.
(d) If such User(s) posts any material that is not related to trade or business cooperation.
(e) If such User(s) impersonates or unlawfully uses another person’s or business entity’s name to post information or conduct business in any manner.
(f) If such User(s) is involved in unauthorized access, use, modification, or control of the Web Site database, network or related services.
(g) If such User(s) obtains by any means another registered User(s) Username and/or Password.
(h) Or any other User(s) activity that may not be in accordance with the ethics and honest business practices.
If V27 terminates the membership of any registered User(s) including those User(s) who have subscribed for the paid services of V27, such person will not have the right to re-enroll or join the Web Site under a new account or name unless invited to do so in writing by V27 In any case of termination, no subscription/membership fee/charges paid by the User(s) will be refunded. User(s) acknowledge that inability to use the Web Site wholly or partially for whatever reason may have adverse effect on their business. User(s) hereby agree that in no event shall V27 be liable to any User(s) or any third parties for any inability to use the Web Site (whether due to disruption, limited access, changes to or termination of any features on the Web Site 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 Web Site or any of its features.
VIII. REGISTERED USER(S)
User(s) can become registered User(s) by filling an on-line registration form on the Web Site by providing the required information (including name, contact information, details of User(s) business, etc.). V27 will establish an account ("Account") for the User(s) upon successful registration and will allow user to set ID ("User ID") and password ("Password") for log-in access to the User(s)’s Account. Users will be responsible for the content of all the messages communicated through the account.
User(s) registering on the Web Site on behalf of business entities represent and warrant that: (a) they have the requisite authority to bind such business entity this Agreement; (b) the address provided by such User(s) at the time of registration is the principal place of business of such business entity; and (c) all other information provided to V27 during the registration process is true, accurate, current and complete.
V27 may refuse registration and deny the membership and associated User ID and Password to any User(s) for whatever reason. V27 may suspend or terminate a registered membership at any time without any prior notification in interest of V27 or general interest of its User(s) without assigning any reason thereof and there shall arise no further liability on V27 of whatsoever nature due to the suspension or termination of the User account. User(s) registered on the Web Site are in no manner a part of or affiliated to V27.
User(s) further agree and consent to be contacted by V27 through phone calls, SMS notifications or any other means of communication, in respect to the services provided by V27 even if contact number(s) provided to V27 upon registration are on Do Not Call Registry.
IX. DATA PROTECTION
Personal information supplied by User(s) during the use of the Web Site is governed by V27’s privacy policy ("Privacy Policy").
X. CONFIDENTIALITY
Quotations furnished on website by Service Provider(s) will not be disclosed to other Service Provider(s) by V27. This is applicable to all service requests triggered by Service Seeker(s).
In connection with disclosure of information of any of the foregoing, V27 reserves the right to suspend or terminate the Account of any User(s) as deemed appropriate by V27 at its sole discretion. User(s) agree that V27 shall have no liability to any User(s), including liability in respect of consequential or any other damages, in the event V27 takes any of the actions mentioned in this provision.
User(s) understand and agree that the Web Site acts as a content integrator and is not responsible for the information provided by User(s) displayed on the Web Site. V27 does not have any role in developing the content displayed on the Web Site. V27 has the right to promote any content including text, images, videos, brochures etc. provided by User(s) on various platforms owned by the company.
XI. INTERACTION BETWEEN USERS
V27 provides an on-line platform to facilitate interaction between service providers & service seekers of analytical services. V27 does not represent the service provider(s) & service seeker(s) in transactions and does not charge any commission for enabling any transaction. V27 does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products or services offered on the Web Site by service providers. Web Site verifies the accuracy and authenticity of the information provided by User(s). V27 however, cannot and does not confirm each User(s)’s purported identity on the Web Site. V27 encourages User(s) to evaluate the User(s) with whom they would like to deal with and use the common prudence while dealing with them.
User(s) agree to fully assume the risks of any transactions ("Transaction Risks") conducted on the basis of any content, information or any other material provided on the Web Site and further assume the risks of any liability or harm of any kind arising due to or caused in connection with any subsequent activity relating to any products or services that are the subject of any such transaction.
• Such risks include, but are not limited to, misrepresentation of services, unsatisfactory quality, failure to meet specifications, delay or default in delivery or payment, cost miscalculations, breach of contract etc.
User(s) agree that V27 shall not be liable or responsible for any damages, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may occur/arise as a result of or in connection with any Transaction Risks. User(s) are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of any content, information or any other material provided on the Web Site, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage. In the event of a dispute with any party to a transaction, User(s) agrees to release and indemnify V27 (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction.
V27 reserves the right to add/modify/discontinue any of the features offered on V27’s Services.
XII. LIMITATION OF LIABILITY/DISCLAIMER
The features and services on the Web Site are provided on an " as is " and " as available " basis, and V27 hereby expressly disclaims any warranties of quality, timelines, documentation, regulatory support for a particular purpose. All such warranties, representations, conditions, undertakings and terms are hereby excluded. V27 makes no representations through the Web Site including display on Web Site which in no manner is endorsed by V27. V27 has no association of whatsoever nature with the User(s). Moreover, V27 does not facilitate or participate in any transaction. V27 does not represent services offered or displayed on the Web Site does not violate any Third Party Rights; and V27 makes no representations of any kind concerning any product or service offered by User (s) on the Web site. Any material downloaded or otherwise obtained through the Web site is at the User(s) sole discretion and risk and the User(s) is solely responsible for any damage to its 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 the User(s) from Web Site or through or from the Web Site shall create or be deemed to create any warranty not expressly stated herein.
Under no circumstances shall V27 be held liable for any delay or failure or disruption of the content or services delivered through the Web Site resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, flood, storms, explosions, Acts of God, natural calamities, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties. User(s) hereby agree to indemnify and save V27, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from their use of the Web Site (including but not limited to the display of User(s) information on the Web Site) or from User(s)’s breach of any of the terms and conditions of this Agreement. User(s) hereby further agree to indemnify and save V27, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from User(s)’s breach of any representations and warranties made by the User(s) to V27.
User(s) hereby further agree to indemnify and save V27, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to products and services on the Web Site. User(s) hereby further agree that V27 is not responsible and shall have no liability for any material/services posted by other User(s) or any other person, including defamatory, offensive or illicit material and that the risk of damage from such material rests entirely with the User(s). V27 reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by any User(s), in which event such User(s) shall cooperate with V27 in asserting any available defences.
V27 shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, strict liability or otherwise or any other damages resulting from any of the following:
• The use or the inability to use the Web Site;
• Any failure in services purchased or obtained from a User(s) or a third-party service provider through the web site;
• Violation of Third Party Rights or claims or demands that User(s) manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the web site may violate or may be asserted to violate Third Party Rights; or claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants;
• Unauthorized access by third parties to data or private information of any User(s);
• Statements or conduct of any User(s) of the web site; or
• Any matters relating to Premium Services however arising, including negligence.
XIII. NOTICES
All notices or demands to or upon V27 shall be effective if in writing and shall be deemed to be duly made when sent to V27 Enterprises, Block B, 6th floor, Flat # 601, JM Orchid, Sector- 76, Noida-201304, Uttar Pradesh, India.
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) on the Web Site, or by posting such notice or demand on an area of the Web Site 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 Web Site is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User(s), or immediately upon Web Site’s posting such notice on an area of the Web Site that is publicly accessible without charge.
XIV. GOVERNING LAW AND DISPUTE RESOLUTIONS
This is the intention of the Parties that the Agreement between the parties should be implemented in a smooth business-like manner and in order to give effect to this intention, the parties agree that any difference of opinion or dispute that may arise at any time during the period of transaction and thereafter, then such difference/dispute shall be tried to resolve amicably. The maximum compensations against damages would not exceed the subscription fee paid by the user(s). This Agreement and the Privacy Policy shall be governed in all respects by the laws of Indian Territory. V27 Enterprises or thesolutionanalytics.com considers itself and intends itself to be subject to the jurisdiction of the Courts of Noida, Uttar Pradesh, India only. The parties to this Agreement hereby submit to the exclusive jurisdiction of the courts of Noida, Uttar Pradesh, India.
XV. MISCELLANEOUS
• Headings for any section of the Agreement are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
• V27’s failure to enforce any right or failure to act with respect to any breach by a User(s) under the Agreement and/or Privacy Policy will not be deemed to be a V27’s waiver of that right or V27's waiver of the right to act with respect with subsequent or similar breaches.
• V27 shall have the right to assign its obligations and duties in this Agreement and in any other agreement relating V27’s Services to any person or entity
• If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions of the Agreement shall be enforced.
• All calls to V27 are completely confidential. However, your call may be recorded to ensure quality of service. Further, for training purpose and to ensure excellent customer service, calls from V27 may be monitored and recorded.
• The Agreement and the Privacy Policy constitute the entire agreement between the User(s) and V27 with respect to access to and use of the Web Site, superseding any prior written or oral agreements in relation to the same subject matter herein.
XVI. PHARMACEUTICAL PRODUCT/SERVICE POLICIES
The website does not facilitate the purchase of pharmaceutical products, and only advertises and/or showcases the pharmaceutical products posted by Users(s). User(s) involved in the purchase and supply of pharmaceutical products hereby agree to abide by and be compliant of any applicable laws, rules, regulations, notifications or orders issued by the Government of India or any of its agencies from time to time in this regard including but not limited to Drugs and Cosmetics Act, 1940, Drugs and Cosmetics Rules, 1945 ("Drug Rules"), Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 ("Drug and Magic Remedies Act").
V27 shall not be responsible for any information, content or material in respect of or related to any pharmaceutical product posted, provided or displayed by User(s) on the Web Site. Accordingly, the User posting the content shall ensure that the content so posted does not violate any statue in the rules made thereunder including the Act(s) as referred above, so that no consequences of any nature could be attributed to V27 in any manner whatsoever.
Users(s) hereby undertake that they shall solely be responsible and shall bear all the liabilities in respect of selling prescription medicines and/or drugs mentioned in any of the Schedules of the Drug Rules without a prescription issued by a registered medical practitioner and in accordance with the conditions laid down in such rules. In the event of breach of such condition, V27 shall not be liable and responsible in any manner whatsoever.
Users(s) undertake and agree to indemnify and hold harmless V27 and/or any of its affiliates, directors, officers, employees or representatives from and against any and all losses, liabilities, damages, claims, costs and expenses (including attorney’s fees and expenses, any third party claims), which V27 may incur or suffer as a result of or in connection with any illegal sales of drugs and/or medicines.
V27 does not offer any guarantees or warranties on the medicinal products or services displayed or listed on the Web Site and is not liable for any relevant transaction between the User(s), including transactions involving sale of any medicine(s) restricted and/or banned for sale by any governmental or any other regulatory authorities.