SPCER, a society registered under the laws of India.
These Terms and Conditions govern your access to the website www.upcharofficial.com. The “Content” (means text, graphics, images, software, audio, video, information or other materials) via the website, and constitutes a binding legal agreement between you and SOPCER hereinafter referred to as UPCHAR.
Please read carefully the following Terms and Condition. If you do not agree to the terms then you must stop using the services provided by the website immediately.
1. Content
All text, graphics, user interfaces, visual interfaces, services, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively referred to as the “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content, contained on the website is owned, controlled or licensed by or to SOPCER, and is protected by trademark laws, and various other intellectual property rights and competition laws.
Except as expressly provided in these Terms and Conditions, no part of the website and no content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without SOPCER’s express prior written consent.
2. Indemnity
You agree to indemnify and hold SOPCER, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against SOPCER by any third party due to or arising out of or in connection with your use of the website.
3. Reach Rights
SOPCER reserves the rights to display sponsored ads on the Website. These ads would be marked as “Sponsored ads”. Without prejudice to the status of other content, SOPCER will not be liable for the accuracy of information or the claims made in the Sponsored ads. SOPCER does not encourage the users to visit the Sponsored ads page or to avail any services from them. SOPCER will not be liable for the services of the providers of the Sponsored ads.
You represent and warrant that you will use these Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and SOPCER accepts no liability for the same.
4. Content Ownership of SOPCER Newsfeed And Copyright Conditions
4.1 The contents listed on the Website are (i) User generated content, or (ii) belong to SOPCER. The information that is collected by SOPCER directly or indirectly from the end-users and the practitioners shall belong to SOPCER. Copying of the copyrighted content published by SOPCER on the Website for any commercial purpose or for the purpose of earning profit will be a violation of copyright and SOPCER reserves its rights under applicable law accordingly.
4.2 SOPCER authorizes the user to view and access the content available on or from the Website solely for ordering, receiving, delivering and communicating only as per this Agreement. The contents of the Website, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Website (collectively, “SOPCER Content”), are the property of SOPCER and are protected under copyright, trademark and other applicable laws. Users shall not modify the SOPCER Content or reproduce, display, publicly perform, distribute, or otherwise use the SOPCER Content in any way for any public or commercial purpose or for personal gain.
4.3 User shall not access the services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
5. Reviews And Feedback
By using this Website, you agree that any information shared by you with SOPCER will be subject to our Terms and Conditions.
You are solely responsible for the content that you choose to submit for publication on the Website, including any feedback, ratings, or reviews by any medical professionals, pharmaceutical company, NGO or medical association. The role of SOPCER in publishing Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. SOPCER disclaims all responsibility with respect to the content of Critical Content, and its role with respect to such content is restricted to its obligations as an ‘intermediary’ under the said Act. SOPCER shall not be liable to pay any consideration to any user for re-publishing any content across its platforms.
6. Medicine Information
This feature on the website is an information source on medicines and/or medicinal products and concentrates on providing information (critical or otherwise) required for understanding such medicines and/or medicinal products. The prices mentioned by the pharmaceutical companies must be as regulated by the Drug Price Control Order. It must be noted that Medicus will not be liable for any:
the side effects that may be caused or arise owing to the use of the medicines and/or medicinal products,the alternative medicines/medicinal products that may be used for certain type or category of medicines/medicinal products symptoms and associated medicines/medicinal products generally administered in such cases. promotion of any of the 328 Fixed Dose Combinations (FDCs) listed by the Ministry of Health Family Welfare promotion of any smuggled or narcotics or viagra medicine by any pharmaceutical company
7. Doctor’s Profile Information
All information uploaded by the doctor in their profile on the SOPCER app are solely at the discretion of the maker of the profile. In any event of misrepresentation of facts provided by such a creator or creation of a fake account, the creator of such a profile will be liable for all consequences. SOPCER will not be held for any misrepresentation of facts by the profile maker. It must be noted that SOPCER can delete any such fake accounts in the event of theft of identity.
8. Services for Pharmaceutical Company
Our members can request their drug orders and request for samples through SOPCER. SOPCER sends these orders on your behalf to a retail pharmacy located across India and with a license valid under the jurisdiction of India. The pharmaceutical companies must provide SOPCER with the incorporation/registration number of their company, PAN Card, Drug license, GMP certification and WHO-GMP certification.
9. Disclaimers
SOPCER does not promise that the website or any content, service or feature of the website will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the website will provide specific results. The website and its content are delivered on an “As-is” and “As-available” basis. All information provided on the site is subject to change without notice. SOPCER cannot ensure that any files or other data you download from the site will be free of viruses or contamination or destructive features.
SOPCER disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability for a particular purpose.
SOPCER disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the site and/or any other services provided by the website. You assume total responsibility for your use of this website and any linked sites. Your sole remedy against SOPCER for dissatisfaction with the site or any content is to stop using the site of any such content. The limitation of relief is a part of the bargain between the parties.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
10. Modification
SOPCER reserves the right to do any of the following, at any time, without notice:
(1) modify, suspend or terminate operation of or access to the website, or any portion of the website, for any reason;
(2) modify or change the website, or any portion of the website, and any applicable policies or terms; and
(3) interrupt the operation of the website, or any portion of the website, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
SOPCER will provide notice of such amendments by posting the revised terms and conditions on the website/the app. You acknowledge that by continuing to use or access our services after we have posted changes to these T&C, you are agreeing to such modified terms. If you do not agree to such revised Terms, you must stop accessing or using the services immediately.
YOU HAVE READ THESE TERMS OF USE AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.