Terms & Conditions
Terms of Use for Data Site for Product Content
Access to and use of this site is limited to approved
customers (each, a “Customer” or “you”) who choose to use trademarks, artwork,
photographs and trade dress found on the labeling of products (the “Products”)
sold by Rich & Rich and located on this site (the “Content”) and agree to
be bound by the following Terms of Use (“Terms”).
- License.
Customer agrees that use of the Content is under a revocable,
non-transferrable, non-sublicensable, non-exclusive license and is only
permitted in the normal course of advertising and selling the Products.
- Ownership
and Use of Content and Intellectual Property; Compliance.
- All
Content included in this site, such as HTML code, scripts, texts,
graphics, logos, icons, images, video, and audio, is Rich & Rich’s
property and is protected by the Indian and international copyright laws.
All software used on this site is Rich & Rich’s property and is
protected by Indian and international copyright laws.
- Rich
& Rich retains the exclusive right, title and interest in and to the
Content as well as, at its option, to any modifications and all use
thereof shall inure to Rich & Rich. All use of Content is at the
customer's sole risk and Rich & Rich is under no obligation to monitor
Customer’s use or notify any customers of changes or deletions. Customer
is responsible for complying with all applicable local, state, federal and
foreign laws relating to its use of the Content. Customer may not violate
any applicable law or regulation with its use of the Content.
- Customer
agrees to not modify, change, exploit, disparage, or make derivative
works, any portion of the Content for any reason. Moreover, Customer may
not, without our express written consent, do any of the following: (a)
link to any web page of this site; (b) use any metatags or any other
“hidden text” utilizing our Content; or (c) frame, inline link or utilize
other similar techniques to associate or juxtapose any Content with
advertisements and/or other information not originating from this site.
- Updates.
Customer shall be responsible to periodically check for updates or changes
to the Content and to likewise ensure that Customer is using the most
recent and accurate Content.
- Termination.
Rich & Richmay withdraw or terminate this license at any time or may
disapprove the use of the Content on or the use of any of its intellectual
property as the URL of particular website(s), in which case Customer shall
immediately cease use and transfer ownership upon Rich & Rich’s
demand.
- Disclaimer
and Trademark Attribution. All promotional and advertising materials
bearing the Content shall include appropriate legal notices as established
from time to time by Rich & Rich, including the FDA disclaimer “These
statements have not been evaluated by the FDA. These products are not
intended to diagnose, treat, cure or prevent any disease.” The rights
accruing to Rich & Rich hereunder will be deemed for the benefit of
Company and its affiliates and subsidiaries.
- Reservation
of Right. Rich & Rich reserves the right, in its sole discretion, to
determine which customers may purchase its products, and what selection of
combination of Products, if any, are available to each approved customer. Rich
& Richalso reserves the right, in its sole discretion, to sell to any
party, to refuse to sell to any party, or to cease selling to any party.
- Privacy
Statement. Rich & Rich may collect certain information in connection
with your use of the site such as: name, business email address, username
and password, business information, location information (if you choose to
provide it), navigational information like IP address and browser type and
version. Rich & Rich uses this information for, among other things,
improving and developing our websites, contacting you in relation to your
use of the website, servicing users, responding to your inquiries,
analytics, monitoring site activity, and improving the effectiveness of
the site. Failure to provide this information may prevent your access and
use of some or all of the site’s features. Rich & Rich does not sell,
rent, or trade this information without your permission except that it may
share your information with the following: contractors, vendors, and
affiliates to perform tasks on our behalf; a third party company and its
parent entities which owns, acquires, is acquired by or otherwise is
merged with Rich & Rich; as required by law and as necessary and
appropriate to protect Rich & Rich from harm due to fraud or other
illegal activities. Notwithstanding the foregoing, information submitted
by you will be transmitted to and shared with third parties that may be
located in other countries, in order to provide you services, including
but not limited to transaction processing and fraud prevention.
Rich & Rich utilizes reasonable technical,
administrative and physical measures designed to protect the personal
information in its custody or control from unauthorized access, use,
modification and disclosure. Moreover, Rich & Rich regularly monitors its
systems for possible vulnerabilities and attacks. While Rich & Rich implements
these security measures on this site, you should be aware that 100% security is
not always possible.
- Indemnification.
Customer agrees to defend, indemnify, and hold harmless Rich & Rich,
its officers, directors, employees and its agents from and against any
claims, demands, actions, suits, proceedings, costs, expenses, damages and
liabilities, at law or in equity claims, actions or demands, including
without limitation, reasonable legal fees, arising out of, connected with,
or resulting from Customer’s use of the Content or use of the Content in
violation of these Terms.
- DISCLAIMER
OF WARRANTIES: THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS AND
SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE
ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Rich
& Rich MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND
DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR
IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT,
MATERIALS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU
THROUGH THIS SITE. ACTUAL PRODUCT PACKAGING AND MATERIALS MAY CONTAIN MORE
AND DIFFERENT INFORMATION THAN WHAT IS PROVIDED IN THE CONTENT. YOU
EXPRESSLY AGREE THAT YOUR USE OF THIS SITE AND THE MATERIALS MADE
AVAILABLE ON IT ARE AT YOUR SOLE RISK. WE DO NOT WARRANT THAT THIS SITE,
OR THE INFORMATION, CONTENT, MATERIALS OR SERVICES INCLUDED ON OR
OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS.
- LIMITATION
OF LIABILITY: IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY DAMAGES OF ANY
KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT,
MATERIALS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU
THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT,
INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, LOST PROFITS OR REVENUES,
COSTS OF REPLACEMENT, BUSINESS INTERRUPTION, LOSS OF DATA OR DAMAGES
RESULTING FROM THE USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF Rich
& Rich IS EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES.
- Governing
Law. These terms shall be governed by the laws of the State of
Maharashtra.
- Miscellaneous:
- Rich
& Rich’s failure to enforce any right or provision of the Terms shall
not constitute a waiver of such right or provision.
- If
any provision in these Terms shall be deemed invalid, void, or for any
reason unenforceable, that provision shall be deemed severable and shall
not affect the validity and enforceability of any remaining provisions.
- Rich
& Rich reserves the right to change, update and revise these Terms
from time to time, at its sole discretion, by posting the most current
version of the Terms at this site. By continuing to access this site and
by using the Content, Customer confirms its consent and agreement to be
bound by the most recent Terms.
- These
terms do not amend or override Rich & Rich’s terms and conditions of
sale or any channel restriction agreements.
- Titles and headings to sections herein are inserted for the convenience of reference only and shall not in any way define, limit, extend or describe the scope of this Agreement or otherwise affect the meaning or interpretation of this Agreement.