TENTABS TECH SOLUTIONS PRIVATE LIMITED
TERMS AND CONDITIONS FOR USE OF PHARMACY SOFTWARE
This document is an electronic record, generated in compliance with the terms and rules of the Information Technology Act, 2000. Amended provisions, pertaining to electronic records in various statutes, will be in accordance with the amendments made in the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signature.
Please read the following terms and conditions very carefully as your use of the services of the software, website and/or the mobile application, all medium also referred to as TenTabs, is subject to your acceptance of and compliance with the following terms and conditions.
Acknowledgement of Terms: When you install this software, access the website, mobile application you acknowledge that you have read the terms and conditions set forth below and understood that access to this Softare/website/mobile application is subject to the provisions of the same. If you do not agree to the terms and conditions set forth below, you should exit the installation now or access to the website/mobile application. If at any place in this document, the term mobile application/software has been omitted in a particular section/sub-section/clause, it shall not mean that the terms and conditions mentioned in those section/sub-section/clause are not applicable on access through mobile application. All the terms and conditions mentioned herein shall be applicable to access software, website and mobile application.
1. Language of the Terms
The terms are incorporated herein in English language and TenTabs does not provide you with a translation of the English language version of the Terms.
2. General Information
TenTabs is a pharmatech company which is focused on bringing innovative technology solutions in pharmaceuticals and Surgicals distribution for users.
The information available on TenTabs has been compiled with utmost precision and is for informational purposes only and does not constitute professional advice, recommendation, diagnosis or any kind of treatment. You are advised to seek advice from registered medical practitioner or experts for your personal medical needs and requirements. Taking any action based on any information/content provided on TenTabs will be solely at your own risk and TenTabs will not be held responsible, under any situation or condition, for your acts.
It is the duty of the users to read the terms and conditions of this website (which is likely to change from time to time) before accessing it.
It operates under the banner of TenTabs Tech Solutions Private Limited, a company incorporated under the Companies Act, 1956 and having its registered office at No. 945, 1st Floor 21st Cross,5th Main, HSR LAYOUT SECTOR 7, Bangalore KA 560102 INDIA. Tech Solutions Private Limited
Your use of this software, website, mobile app and information are governed by the following terms and conditions ("Terms & Conditions"). If you use this website, you shall have to follow the policies, terms and conditions that are mentioned in this agreement.
Any individual, who has agreed to become a Registered User of TenTabs software/website/app by providing his/her Personal Identification Data, shall agree to abide by the terms and conditions of this website, which is owned and provided by TenTabs Tech Solutions Private Limited (hereinafter referred to as "TenTabs").
Accessing, browsing or otherwise using the software/website/app indicates that you agree to abide by all the terms and conditions mentioned in this agreement. So please read this agreement very carefully before proceeding.
TenTabs does not recommend, endorse or make any representation about the efficacy, appropriateness or suitability of any specific products, procedures, treatments, opinions or other information that may be contained on or available through this website/app.
3. Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of India. Any litigation arising out of or in connection with this website shall directly come under the jurisdiction of Bangalore courts, Karnataka, India only.
4. Membership Eligibility
Companies/Individuals who are allowed to enter into a legally binding contract within the purview of the Indian Contract Act, 1872, shall be eligible for membership or registration at TenTabs. Our services are not available to individuals below 18 years or to users who have been terminated or removed from the system by team TenTabs for some reason or the other. Members must be humans. No machines, scripts, or automated services are permitted to become members.
Any information provided by our customers is private and confidential. And we respect customers' privacy.
6. Account and Registration
To become a registered member at TenTabs, you need to open an account with us. Remember, it is the user's responsibility to keep his/her password and account details confidential. You also agree to accept responsibility for all activities that occur under Your Account or Password. TenTabs shall not be liable for any loss or damage, which may take place if the user fails to protect his/her account details or password. In case you notice suspicious activities that threaten disclosure of your account details, please contact us immediately at 080 42200030 or mail us at mailto:" email@example.com. If TenTabs has reason to believe that there is likely to be a breach of security or misuse of the Software/Website/App; then, we may ask you to change your password or, we may also, deactivate your account without your consent.
You also agree to:
Provide accurate, current and complete information about yourself, known as "Registration Data", while registering as a new user on TenTabs. Maintain and regularly update your Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, incomplete, or not current or if TenTabs has reasonable grounds to suspect that such information is untrue, inaccurate, and not updated; then, this may result in the termination of your user membership at TenTabs.
This /Software/Website/App/ may at its sole discretion and without assigning any reason whatsoever at any time deactivate or/and suspend the User’s access to this Software/Website/App and/or the Services (as the case may be) without notice to carry out system maintenance or/and upgrading or/and testing or/and repairs or/and other related work. Without prejudice to any other provisions of this Agreement, this Software/Website/App shall not be liable for any loss or/and damage or/and costs or/and expense that the User may suffer or incur, as a result of such deactivation or/and suspension.
Discontinuation or Modification to Services:
This Software/Website/App reserves the unilateral right to add to /and/or change and/or delete and/or end the Service at anytime with or without notice to the User. There shall be no liability on behalf of this Software/Website/App to the User or any third party in case this Software/Website/App exercises its unilateral right to modify or discontinue the Service.
8. User Conduct
You Agree and Confirm
1. That you will use the services provided by TenTabs, its affiliates, consultants and contracted companies for lawful purposes only and comply with all applicable laws and regulations while using this Software/Website/App and transacting on this Software/Website/App.
2. That you will provide true, accurate, complete and current information in all instances when such information is requested from you. TenTabs reserves the right to confirm and validate the information and other details provided by you at any point of time.
If upon confirmation, your details are found not to be true (wholly or partly), TenTabs has the right, in its sole discretion, to reject the registration and debar you from using the Services of TenTabs and / or other affiliated Software/Website/Apps without prior intimation whatsoever.
3. That you are using your prudent judgment while using TenTabs.
4. That you agree to use the Services only for purposes that are permitted by:
a) The Terms set out herein and
b) Any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from India or other relevant countries).
5. That you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
6. That you agree to ensure full compliance with the applicable provisions of the Drugs and Cosmetics Act, 1940, the Drugs and Cosmetics Rules, 1945, the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 as amended from time to time. That you shall not engage in any transaction which is prohibited by the provisions of any applicable law including the Drugs and Cosmetics Act, 1940, the Drugs and Cosmetics Rules, 1945, the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 as amended from time to time.
You agree to indemnify and hold harmless TenTabs, its owners, subsidiaries, licensees, affiliates, joint ventures, third parties and their respective directors, agents, franchisees, suppliers, information providers, employees and their successors from and against any and all claims or demands, actions, liabilities, damage, losses, costs and expenses, including reasonable attorney's fees made by any third party or penalty/penalties imposed due to breach or non-performance or any issues arising from your transaction with your customers
8. That unless you have been specifically permitted to do so in a separate agreement with this Software/Website/App, you agree that you will not reproduce, duplicate, copy, the content of this Software/Website/App for any purpose.
9. That you are solely responsible for (and that this Software/Website/App has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which this software/Software/Website/App may suffer) of any such breach.
10. That you have given consent to keep records of telephone calls received from you and made to you for making enquiries, orders or other reasons for the purposes of user administration, research and development, improvement in services, administration of services etc.
9. Limitations of Usage
This Software/Website/App cannot be used for any of the following purposes:
1. Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, obscene, or otherwise objectionable material.
2. Transmitting offensive materials that may violate relevant laws, regulations and ethics of pharmacy.
3. Gaining unauthorised access to other computer systems.
4. Interfering with any other person's use of the Software/Website/App, its features and services.
5. Breaching any applicable laws.
6. Interfering or disrupting networks or Software/Website/Apps connected to www.TenTabs.in
7. Making, transmitting or storing electronic copies of copyrighted materials, design details and colours without the permission of the owner.
10. Prohibited Actions
The User is restrained from allowing any person other than himself / herself to use the Service.
The User shall use the Service only for the purpose for which it is subscribed.
The User shall comply with all applicable laws (and shall not contravene any applicable law) of India relating to the Services, including any regulation made pursuant thereto.
The User shall not share the Service with any person without the prior written approval of this Software/Website/App.
The User shall not use the Service for any unlawful purpose including without limitation criminal purposes.
The User shall not infringe on any intellectual property rights of any person / organization or/and retain information in any computer system or otherwise with an intention to do so.
The User agrees not make use of anyone else's Information other than as necessary to complete any of the Software/Website/App transactions in which you are involved.
The User shall not violate, or attempt to violate the security of this Software/Website/App and/or any Software/Website/App(s) linked to this Software/Website/App or gain un-authorized access to any information regarded as private by other Users or persons, including but without limitation, to accessing data and information not intended for them or logging onto a server or account which the User is not authorized to access, attempting to probe, scan or test the vulnerability of a system or network or attempting to breach security or authentication.
The User shall be prohibited to introduce, post, or transmit any information or software, which contains a virus, worm or other harmful component into the internet or this Software/Website/App network system.
The Users shall avail the services of this Software/Website/App or any other related Software/Website/App for lawful purposes alone. Transmission of information or/and conduct in violation of any applicable local or/and state or/and Central or/and foreign law or/and regulation is prohibited. This includes without limitation any unauthorized use of material protected by patent or/and copyright or/and trademark or/and other intellectual property right, material that is obscene or/and defamatory or/and libellous or/and constitutes an illegal threat, or/and violates rights of privacy or publicity, or/and violates export control laws.
While using TenTabs you agree to communicate with us via electronic medium. We will communicate with you through e-mails, SMS and phone (mobile, landline or any other medium) for all purposes. You agree that all agreements, notices, disclosures and other communications that we provide you electronically, satisfy any legal requirement that such communications be in writing.
12. Modification of Terms & Conditions of Service
We reserve the right to change these terms and conditions from time to time without informing you. It is your responsibility to review the company Terms & Conditions regularly.
If you wish to terminate your account due to any modification in the Terms & Conditions or any Policy of TenTabs, you may do so by sending an email, with the subject line "Termination", to the following email
13. Termination and Refusal of Service
TenTabs may, in its sole discretion, limit user activity by immediately suspending your membership, either temporarily or for an indefinite period without citing any reason.
This Software/Website/App may also terminate or block user membership, and/or refuse to allow user access to the site and/or services, or cancel orders, in the event, but not limited to:
The user violates any or all the terms and conditions of this agreement and/or any policy of TenTabs.
User actions that may harm or slander other users' actions or pose as a threat to this Software/Website/App.
We discover that the user has provided inaccurate and incomplete information.
The user attempts to dupe, denigrate, or abuse TenTabs by using the functionalities on the Software/Website/App. A user, once suspended or blocked may not register or attempt to register with us, or use TenTabs or any of its services in any manner whatsoever, until we reinstate the account of that user. Also in case of such termination, we reserve the right to recover any amount due and may take strict legal action, including but not limited to: a referral to the appropriate police or other authorities for commencing criminal or other proceedings against the user.
To terminate the User Agreement, you have to first discontinue your use of this Software/Website/App, its features and services.
By the word "user" we mean "you, or anyone acting on your behalf or under your password".
TenTabs may also, at its sole discretion and at its convenience, discontinue, suspend, modify, restrict or terminate the Software/Website/App or any part of it without issuing any notice to you or any other person.
This Software/Website/App is only for information and communication purpose. This Software/Website/App provides information and knowledge regarding price and availability of medicines, pharmaceutical, healthcare & other related products.
Prices and availability of products are subject to change without prior notice or any consequential liability on the TenTabs.
It is discretion of TenTabs to modify, extend, update or withdraw the offers on products without prior notice to the Users.
15. Copyright and Trademark
All materials located on or in this Software/Website/App, including ( but not limited by) images, illustrations, text, logos, page headers, audio clips, and video clips, is our exclusive property and are expressly protected by copyrights, trademarks and other intellectual property rights.
COPYING, STORING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, RE-PUBLISHING, DEEP LINKING, OR OTHERWISE MODIFYING SOFTWARE/WEBSITE/APP MATERIALS IN WHOLE OR IN PART, OTHER THAN FOR YOUR OWN PERSONAL, NON-COMMERCIAL USE, WITHOUT EXPLICIT WRITTEN PERMISSION OF TenTabs, IS STRICTLY PROHIBITED.
A) From the Software/Website/App to the user TenTabs grants you a limited, non-transferable, non-exclusive, non-sub licensable, non-assignable and personal license to access and use this Software/Website/App as a user and prohibits you from modifying the Software/Website/App or any portion of it, barring in case TenTabs gives consent for the same.
This license, however, does not permit any resale or commercial use of this Software/Website/App or its contents; any collection and use of any product listings, descriptions or prices; any derivative use of this Software/Website/App or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
This Software/Website/App or any portion of this Software/Website/App may not be duplicated, reproduced, copied, resold, sold, visited, or otherwise exploited for any commercial purpose without exclusive written consent of TenTabs.
User may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of TenTabs and our affiliates without our explicit written consent.
You may not use any Meta tag or any other "hidden text" and TenTabs.com name or trademarks without the explicit written consent of TenTabs. Any unauthorized use will terminate the permission or license granted by TenTabs.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of TenTabs as long as the link does not portray TenTabs, its affiliates, its products or services in a false, misleading, derogatory or otherwise offensive manner, or proclaim ownership right of any form.
The User shall give out to this Software/Website/App a non-exclusive, worldwide, royalty-free, irrevocable, sub-license able (through multiple tiers) right to exercise all copyright and publicity rights, in any existing or future media, known or unknown, over the material or User Data displayed in your listings.
For the purpose of this Agreement, "User Data" shall mean all information (if any) submitted by the User to this Software/Website/App.
You understand that TenTabs, in performing the required technical steps to provide the Services to its users may:
a) Transmit or distribute your content / information over various public networks and in various media; and
b) Make such changes to your content / information as are necessary to conform and adapt that content / information to the technical requirements of connecting networks, devices, services or media.
You agree that this licence shall permit www.TenTabs.in to take these actions.
Users are forbidden from breaching or attempting to breach the security of TenTabs, including but not limiting to:
Use any device, software or routine to interfere or attempt to interfere with the proper working of this Software/Website/App or any activity being conducted on this Software/Website/App.
Accessing data that is not intended for you or logging onto a server or an account, which you are not authorized to access.
Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
Attempting to interfere with the service of any other user, host or network,( including but without limitation), via means of submitting a virus to the Software/Website/App(TenTabs), 'overloading', 'flooding,' 'spamming', 'mail bombing' or 'crashing'.
Sending unsolicited email, including promotional mails and/or advertising products or services without our consent.
Forging any TCP/IP packet header or any part of the header information in any email or news group posting.
You further agree not to use or attempt to use any engine, software, algorithm, methodology, tool, agent or other device or mechanism (including but not limited to browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Software/Website/App other than the search engine and search agents available from TenTabs.com and other available third party web browsers (e.g., Netscape Navigator, Microsoft Internet Explorer, Google Chrome).
Breach of system or network security or illegitimate access to any portion of the software/website/app, any other system or networks connected to the software/website/app or to any of the services offered on or through the software/website/app, may result in civil or criminal liability.
You agree to indemnify and hold harmless TenTabs, its owners, subsidiaries, licensees, affiliates, joint ventures, third parties and their respective directors, agents, franchisees, suppliers, information providers, employees and their successors from and against any and all claims or demands, actions, liabilities, damage, losses, costs and expenses, including reasonable attorney's fees made by any third party or penalty/penalties imposed due to breach of the Terms & Conditions of TenTabs, or your violation of any law, rules and regulations or the rights of TenTabs.com or any third party due to any activity related to your account by you or any other person accessing the service by using your account.
The User unilaterally agree to indemnify and hold harmless, without objection, TenTabs, its officers, directors, employees and agents from and against any claims, actions and/or demands and/or liabilities and/or losses and/or damages whatsoever arising from or resulting from the User's use of this Software/Website/App or User's breach of the terms of this terms and conditions.
19. Limitations of liability
All Brands appearing on our Software/Website/App are the property/brands/copyright of the respective owners and we do not claim any rights over them.
This Software/Website/App takes no responsibility / liability whatsoever for shortage or non fulfilment of the services on this Software/Website/App or any other related Software/Website/App due to or arising out of technical failure or/and malfunctioning and/or otherwise and the User hereby undertakes that in such situations, the User shall not claim any right / damages / relief, etc against the Company for "Deficiency of service" under The Consumer Protection Act or any other Act/Rules of India or any other country.
A link to another site displayed on www.TenTabs.in should not mean that this Software/Website/App is affiliated to or associated with that Software/Website/App, and the subsequent usage of the other Software/Website/App is entirely the user's responsibility.
This Software/Website/App makes no warranty that the service rendered by the Software/Website/App shall meet the user's requirements, that the service shall be uninterrupted or/and timely or/and secure or/and error free; nor does this Software/Website/App make any warranty as to the results that may be obtained from the use of the service or as to the accuracy or reliability of any information obtained from the service.
There are representations and warranties, whether explicit or implied, made by this Software/Website/App regarding the accuracy and/or quality of any information transmitted and/or obtained through the use of the Services or this Software/Website/App.
This Software/Website/App shall not be liable for any disclosure of information concerning the User's account and/or particulars nor for any error and/or omissions and/or inaccuracy with regard to information so disclosed. In addition, this Software/Website/App shall further not be liable for any loss or damages sustained by reason of such disclosure, whether intentionally or inadvertently.
In case there is any loss of information, caused due to any reason, whether as a result of any disruption of service, suspension and/or termination of the Service, this Software/Website/App shall not be liable in any way for the same. Further, this Software/Website/App is not responsible for the accuracy, quality and/or contents of any information available, received and/or transmitted through this Service.
The User shall ensure that while using the Service, all prevailing and applicable laws, rules and regulations, directly or indirectly for the use of systems, service or equipment shall at all times, be strictly complied with by the User and this Software/Website/App shall not be liable in any manner whatsoever for default of any nature regarding the same, by the User.
20. Exclusion of Warranties
The Software/Website/App is provided without any warranties or guarantees. You must bear the risks associated with the use of the Software/Website/App.
You expressly understand and agree that your use of the services is at your sole risk and that the services are provided in "as is" and "as available" form.
In particular, tentabs, its partners, agents, licensors, suppliers, or their respective directors, franchisees, officers, or employees of them, and its subsidiaries and affiliates, do not represent or warrant to you that:
(a) your use of the services will meet your requirements,
(b) your use of the services will be uninterrupted, timely, secure or free from error,
(c) any information obtained by you as a result of your use of the services will be accurate or reliable, and
(d) that defects in the operation or functionality of any software provided to you as part of the services will be corrected.
(e) any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.
(f) no advice or information, whether oral or written, obtained by you from this software/website/app or through or from the services shall create any warranty not expressly stated in the terms.
(g) this software/website/app further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.
TENTABS, its affiliates, partners, agents, suppliers, or their respective directors, franchisees, officers, or employees shall not be liable for any incidental, special, consequential or exemplary damage, cost or expenses incurred due to ( but not limited to); monetary loss, loss of goodwill, data or other intangible losses arising directly or indirectly out of or in connection with the Software/Website/App, its services or delay in performing any obligation under this contract by reason of any event or circumstances outside the reasonable control of TenTabs, including but not limited to: strikes, industrial action, failure of power supplies or equipment, government action or an act of God.
We, at our sole discretion, can terminate this Agreement at any time.
We also have the right to deactivate or terminate the account of the End User in the event of any conduct which we consider unacceptable, or if the user is found to violate the above Agreement.
We may at any time, terminate its legal agreement with you if:
(A) You have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to or are unable to comply with the provisions of the Terms); or
(B) We are required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
(C) The partner with whom we offer the Services to you has terminated its relationship with us or ceased to offer the Services to you.