Terms and Conditions
Please carefully read the terms and conditions before using this internet-based platform. You agree to be legally bound by all of the terms and conditions described herein, which are incorporated by reference. Do not use this internet-based platform if you do not agree to all of the terms and conditions.
In terms of the Information Technology Act, 2000, this document is an electronic record and, being generated by a computer system, it does not require any physical or digital signatures.
This document is published in accordance with Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011, which requires the publication of the rules and regulations, privacy policy, and Terms of Use for accessing or using https://www.elevationbiopharma.com/ or the application “Elevation Biopharma”.
Terms of Use:
(as on 1.10.2021).
1. www.elevationbiopharma.com:
1.1. The domain name https://www.elevationbiopharma.com/, an internet-based platform (“Website”) and Elevation Biopharma, a mobile application (“App”), are owned and operated by Elevation Biopharma, a company duly incorporated under the provisions of the Companies Act, having its registered address at T-14, Third Floor, Malhan Falcon Plaza, Plot No.4, Sector-12, Pocket-7, Dwarka, New Delhi-110078 (“www.elevationbiopharma.com” or “We” or “Us” or “Our” or “Company“).
1.2. Your access or use of the Website or App, transactions on the Website/App, and use of the services hosted or managed remotely through the Website/App are governed by the following terms and conditions (“Terms of Use“), including the applicable policies, which are incorporated herein by way of reference. The Terms of Use, read together with the Privacy Policy that governs your purchase and use of the products and services from www.elevationbiopharma.com, constitute a legally binding contract between you (“you” or “your” or “customer” or “user” or “caregiver“) and www.elevationbiopharma.com, a fully licenced pharmacy.
1.3. For the purpose of these Terms of Use, wherever the context so requires, the terms “you” or “user” shall mean any natural or legal person who has downloaded and installed the App and provided registration data while registering on the App or by simply visiting the Website by entering the domain name in any internet browser. Any services provided by the Website/App which do not require registration do not absolve you of the contractual relationship established by this Agreement/Terms of Use.
1.4. Wherever the context requires, the terms “doctor” or “registered medical practitioners” shall mean any person permitted to practise medicine by the MCI (Medical Council of India) or any regional council for the registration of doctors or registered medical practitioners duly authorised by the government who will be verified and authenticated by us.
1.5. The Website/App is an internet-based platform that provides/facilitates online purchase of pharmaceutical products sold either directly by the company or by any third-party pharmacies/distributors and manufacturers (“Services”).
1.6. By accessing, viewing, downloading, browsing, or transacting in any way on the Website/App, or availing of any services or information created, collected, complied, or submitted to www.elevationbiopharma.com, you agree to be bound by these terms of use.Further, by impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by Our policies, including the Privacy Policy, and such other rules, guidelines, policies, terms and conditions as are relevant under the applicable law(s) in India and other jurisdictions for the purposes of accessing, browsing or transacting on the Website/App, or availing any of the Services, and such rules, guidelines, policies, terms and conditions shall be deemed to be incorporated into, and considered as part and parcel of these Terms of Use. However, if You navigate away from the Website to a third party website, You may be subject to alternative terms and conditions of use and privacy policy, as may be specified on such website. In such event, the terms and conditions of use and privacy policy applicable to that website will govern Your use of that website.
1.7. Except as expressly provided in these Terms of Use, www.elevationbiopharma.com is not and cannot be a party to, or control in any way, any transaction between you and third-party service providers.
1.8. You understand that the app you downloaded or the website you use is owned by us. We reserve the right to automatically upgrade the website/app at any time, and the Terms of Use shall apply to such upgrades without limitation.
2. Account Creation and User Eligibility:
2.1. To use certain features of the Website or App or avail services or transact on the Website/App, you must set up an account with www.elevationbiopharma.com (“www.elevationbiopharma.com Account” or “Account“) in accordance with the procedure established by www.elevationbiopharma.com in this regard.
2.2. As a part of the registration process, www.elevationbiopharma.com may collect the following information from you: name, email address, and phone number. All of your registration information collected in this regard is protected by our Privacy Policy.
a. Name
b. User ID
c. Email address
d. Billing/Shipping Address (including country and ZIP/ postal code)
e. Gender
f. Age
g. Phone number
h. Password chosen by User
i. Valid financial information
j. Other details as you may volunteer
2.3. The registration on or use/access of the Website/App is only available to natural persons, other than those who are “incompetent to contract’ under the Indian Contract Act of 1872. Only persons who have attained “majority’ and who are in a position so as to be fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use and to abide by and comply with these Terms of Use are eligible to register on, or use/access the Website/App. That is, individuals, including minors, un-discharged insolvents, and others, are ineligible to register for, use, or access the Website/App.By registering, accessing, or using the Website/App, you accept the terms of these Terms of Use and represent and warrant to www.elevationbiopharma.com that you are “competent to contract” under the Indian Contract Act 1872 and have the right, authority, and capacity to use the Website/App and agree to and abide by these Terms of Use.
2.4. A registered user ID can only be utilised by the person whose details have been provided, and www.elevationbiopharma.com does not permit multiple people to share a single log in/registration user ID. However, a registered user, being also a parent or legal guardian of a person ‘incompetent to contract’ such as minors or persons with unsound mind, would be permitted to access and use the Website for the purposes of procuring the services on behalf of such persons, provided such parent or legal guardian is competent under the Indian Contract Act 1872, and is in a position so as to be fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. Organizations, companies, and businesses may not become registered members on the Website or use the Website through individual members.
2.5. You represent and warrant that the information you provide during registration is true and accurate, and that you will keep it up to date.You agree and acknowledge that you will (i) create only one (1) account; (ii) provide accurate, truthful, current, and complete information when creating your account and in all of your dealings with the Website; (iii) maintain and promptly update your account information; (iv) maintain the security of your account by not sharing your password with others and restricting access to your account and computer; and (v) promptly notify www.elevationbiopharma.com if you dissatisfied.
2.6. Your account username and password are personal to you. You may not transfer your account and you will be responsible for the activities associated with your account. www.elevationbiopharma.com will not be liable for any loss or damages as a result of your failure to maintain the confidentiality of your account credentials.
2.7. By creating this account, you agree to receive transactional and/or promotional communications from us via email, telephone, SMS, and chat. If you, at any time, wish to discontinue receiving communications from us, you agree to notify us by email.
2.8. www.elevationbiopharma.com reserves the right, at its sole discretion, to permanently or temporarily suspend users, as well as to bar their use and access to the Website/App, at any time while the company investigates complaints or alleged violations of these Terms of Use or any services, or if the company has reason to believe that the information you shared is inaccurate, or for any other reason as the company may deem proper at any time.You acknowledge that the company reserves the right to terminate your account without any notice and suspend it without assigning any reason.
2.9. You represent and warrant that you have read and understand these terms and that they bind you and your assigns, heirs, and personal representatives.If you are the parent/legal guardian/authorised person for the patient disclosed herein, you affirm that you are over the age of majority, and have full authority to sign for and provide the above representations to www.elevationbiopharma.com and/or its affiliates on the patient’s behalf.
3. Privacy Policy:
3.1. Your personally identifiable information will be used in accordance with our Privacy Policy. To understand our practices, as to how we collect, use and disclose your personally identifiable information, please refer to our Privacy Policy, which also governs your visit to the www.elevationbiopharma.com Website/App.
3.2. We understand the privacy of all the information you provide is of primary importance. This is why we do everything possible to use it carefully and sensibly.
4. Communications:
4.1. By using the Website/App, it is deemed that you have consented to receiving calls, auto-dialled and/or pre-recorded messages or calls, from us at any time with the use of the telephone number that has been provided by you for the use of this Website/App, subject to the Privacy Policy. This includes contacting you through information received from other parties as well as contacting other parties through the information you provide to us. By using this website/app, you who have placed orders with us, or have only signed up, or submitted your personal details in any of our forms, also consent to receiving transactional and/or promotional emails and/or SMSs from us at any time we deem fit. This consent to be contacted is for purposes that include and are not limited to clarification calls and marketing and promotional calls. If you wish to discontinue contact with us for the same reason, please send us an email at info@elevationbiopharma.com.
4.2. You may also be contacted by service providers with whom we have entered into a contract in furtherance of our rights, duties, and obligations under other agreements, contracts, and policies followed by us. Such contact will be made only in pursuance of the respective contracts, agreements, and/or policies.
4.3. The sharing of the information provided by you will be governed by the Privacy Policy. We will not give out your contact information to third parties not connected with the Website/App and the services offered by it, and/or for any purpose not in furtherance of the activities and aims of the company. Please refer to the “Privacy Policy” for more information.
5. Security Procedures:
5.1. All your transactions are secure when you place an order online at www.elevationbiopharma.com. Your personal information is encrypted using 256-bit Secure Sockets Layer (SSL) encryption technology before being sent over the internet, which ensures the privacy and high level of security of all your information.
6. Policy on Prescription Medication
6.1. www.elevationbiopharma.com, a fully licenced and regulated pharmacy, takes all precautions to strictly abide by the laws and regulations set forth in the dispensing of prescription medications. By placing the order for your prescription medicines, you acknowledge and accept the following terms regarding the purchase of any prescription medicines.
6.2. The drug information provided on www.elevationbiopharma.com is for informative purposes only, and this website/app is not intended to provide diagnosis, treatment, or medical advice. We are not liable for any adverse effects or harm to you as a result of your reliance on the information in the Website/App.
6.3. By using the Website/App, you confirm that you are completely aware of the indications, side effects, drug interactions, and effects of missing a dose or overdosing of the medicines you order from us. It is imperative to seek professional advice from your physician before purchasing or consuming any medicine from www.elevationbiopharma.com.
6.4. www.elevationbiopharma.com will not dispense any prescription medication without a valid prescription from a doctor or registered medical practitioner.
6.5. In order to purchase any prescription products through the website, you are required to upload a scanned copy of the valid prescription issued by a doctor or registered medical practitioner. You hereby confirm that you will only upload valid prescription(s) issued by a doctor or registered medical professional, and that this prescription will be reviewed and approved by our qualified pharmacists.
6.6 If our pharmacists have any questions or concerns about the prescribed medication, you hereby authorise them to consult with an external network of doctors about the validity of the prescription.
6.7. You acknowledge and accept that the order for a substitute drug or medication would be processed only if the doctor or registered medical practitioner who issued the prescription himself or herself permits any other equivalent generic drug or medication to be dispensed in place of the prescription drug or medication.
6.8. At www.elevationbiopharma.com, a caregiver, guardian, or parent can order prescription medicines, and so all the terms of use shall be applicable to such persons without any limitations.
7. Service Use and Terms of Sale
7.1. Notwithstanding anything else contained in any other part of these Terms of Use, the listing of drugs and other pharmaceutical products on the Website/App is merely an “invitation to an offer for sale” and not an “offer for sale”. Your order constitutes an offer, and acceptance of the offer will take place only after the prescription has been validated or verified and the available stock has been determined. www.elevationbiopharma.com may accept or decline any order placed in its absolute discretion.
7.2. You understand and agree that all drugs and medications will be dispensed by a registered pharmacist at www.elevationbiopharma.com and/or its affiliates. In any event, if the prescription drugs or medications are not available through www.elevationbiopharma.com, it reserves the right to direct such orders to its affiliates or other third-party service providers and you agree to the same.
7.3. The title to the products ordered by you will be transferred to you immediately upon dispensation of such products and receipt of payment for the order by www.elevationbiopharma.com.For products provided by other third-party service providers, the invoices for such sales will be issued by such third-party service providers and not by www.elevationbiopharma.com. You agree and acknowledge that the company is not liable for the products provided by third-party service providers.
7.4 You agree and acknowledge that the order(s) will be deemed complete if they are delivered to the address you provide on the Website/App.
7.5. www.elevationbiopharma.com reserves the right to discontinue any programme or offer on its website or app.
7.6. www.elevationbiopharma.com reserves the right, at any time and without notice, to limit the order quantity of any product available on www.elevationbiopharma.com in its Website/App.
7.7. We acknowledge and agree that you have fully and accurately disclosed your personal information and personal health information and consent to its use by the company and/or its affiliates.
7.8. You confirm that you have had a physical examination by a doctor or registered medical practitioner and do not require a physical examination.
7.9. If you are the patient/parent/authorized person acting on behalf of the patient, you hereby authorise and appoint www.elevationbiopharma.com and/or its affiliates to take all steps, sign all documents, and act on your behalf as if you were personally present and acting for yourself for the limited purposes of (a) obtaining a valid prescription for any prescription which you have sent to www.elevationbiopharma.com; and (b) packaging and delivering your prescriptions andBy making the order, you hereby authorise www.elevationbiopharma.com and/or its affiliates to ship the order by post or courier to your registered address. This authorisation shall include, but not be limited to, collecting and using your personal and personal health information as reasonably necessary for the fulfilment of your order.
Price, shipping costs, and payment:
8.1 The installation and use of this website/app is free of charge, and this includes only the usage of certain services of the website/app. Elevation Biopharma does not charge any fee for accessing or browsing the Website/App. You hereby understand that this no-charge policy may be amended at any time at the discretion of the company.
8.2. For the purpose of this section, “buyer” would include any user choosing to use the services offered on the App/Website. “Seller means the company www.elevationbiopharma.com and its website/App.
8.3. While availing any of the payment methods available on the App/Website, www.elevationbiopharma.com will not be responsible or assume any liability whatsoever in respect of any loss or damage arising directly or indirectly to you due to
a. Failure to obtain authorization for any transaction (s), or
b. Exceeding the mutually agreed-upon pre-set limit between you and the bank(s)’, or
c. Any payment issues arising out of the transaction,
d. Transaction decline for any other reason(s).
All payments made by you for services on the Website/App must be made in Indian Rupees.The Website/App will not facilitate transactions with respect to any other form of currency with respect to the orders made on the Website/App.
8.5. All our product prices include all applicable statutory taxes.
8.6. We make every effort to ensure that product pricing and availability on our website and app are correct and up to date.However, rarely, there may be an error in the pricing of a product or an error related to product availability. In such cases, we are not responsible for any typographical errors, and we reserve the right to cancel the sale.
8.7. We reserve the right to correct any inaccuracies or omissions related to pricing and product availability/descriptions, even after you have submitted your order, and to change or update any other information at any time without prior notice.
8.8. Following are the delivery charges at www.elevationbiopharma.com, which are based on the order value and the delivery chargers quoted below are applicable to all orders at www.elevationbiopharma.com
The order value depends on the weight of the box.
The delivery charges quoted above are valid on all orders placed on www.elevationbiopharma.com and may also be charged.
8.9. The Company reserves the right to modify or alter the delivery charges by providing the same on the website/app, which shall be considered valid and agreed communication.
8.10. Delivery times may vary depending on several factors, including but not limited to delivery location, type of product ordered, and availability of the product.
8.11. In order to process the payment, www.elevationbiopharma.com may require your financial and banking information such as bank account, debit card number, credit card number, etc.
8.12. You can make the payment via any one of the following methods of payment: Wallets: Paytm, AmazonPay, PhonePe, UPI, GooglePay, bank transfer (NEFT/RTGS/IMPS). any debit or credit cardCredit/Debit Cards, Net Banking, or Cash on Delivery. Payments for credit/debit cards and net banking are processed via our online payment service partners.
9. Restricted Access to Information on the Website/App:
9.1. The information on this website/app is not a substitute for professional medical advice or treatment for specific medical conditions. It is important that you do not make medical decisions alone, and you should always seek advice from a qualified healthcare professional with any questions you may have about your medical condition.
9.2 www.elevationbiopharma.com does not endorse any of the views or opinions expressed in the Website/App Content or other information made available through our Services.Your submission of questions or reviews of our products does not constitute a professional relationship between you and www.elevationbiopharma.com.
10th. Third-Party Data
10.1 The content on the Website/App, which includes all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, design documents, and artwork, is our content (hereinafter referred to as “Content”). The Website/App may contain links to or content of third-party websites that are not associated with us. We have no control over any third-party user-generated content as we are merely an intermediary for the purposes of that content. If any third-party content infringes on any person’s intellectual property, that third party will be solely responsible for any loss caused, with no liability to the company. You may send an email to info@elevationbiopharma.com to report any such content.
10.2. Except where expressly permitted, any use of our content, including reproduction, republishing, uploading, publicly displaying, encoding, translating, transmitting, or distributing in any way (including “mirroring”) to any other computer, server, website, or other medium for publication or distribution, or for any commercial enterprise, is prohibited without our express prior written consent.
11. User Content:
11.1. The information/content that you upload or post on the Website/App (“User Content”) will become our property and you grant us the worldwide, perpetual, and transferable rights to such User Content. In accordance with applicable law, we may use the User Content or any of its elements for any type of use in perpetuity, including but not limited to promotional and advertising purposes and in any media now known or hereafter devised, including the creation of derivative works that may include any content you provide, and you are not entitled to any payment or other compensation for such use. You also grant us the right to sub-license these rights and the right to bring an action for infringement of these rights. We reserve the right to edit or remove any material submitted to this website/app, or stored on our servers, or hosted or published on this website/app.
11.2. Those posting any form of user content on the website or app must verify the truthfulness and authenticity of the particulars of the content, including the time, place, and nature. Before allowing such content to be posted on the Website/App, we have the right and authority to verify the accuracy of such particulars related to the content with the respective sources provided by the user posting such content, if we feel that there is a need to check such accuracy. We have the right to upload content on behalf of third parties following the collection of such information and verifying it if we deem it necessary. Regardless, we cannot be held liable for any inaccurate or misleading information.
11.3. In the event that any User Content is considered to be unlawful or against the law within any jurisdiction in which our Website/App can be seen and accessed, it shall be removed forthwith by us on being intimated by the authorities of the respective jurisdiction that such content is deemed unlawful. We cannot be held accountable or questioned about it.
12: User Obligations
12.1 You have restricted access to this website/app.
12.2. You are bound not to cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish, or create derivative works from, transfer, or sell any information or software obtained from the Website/App. With our prior permission, limited use may be allowed. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes, and unwarranted modification of data and information within the content of the Website/App is not permitted. You shall not, and shall not permit third parties to, (i) make and distribute copies of the Website/App; (ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange, or translate the Website/App; or (iii) create derivative works of any kind of the Website/App.
12.3. You agree not to access (or attempt to access) the website/app and/or the materials or services by any means other than through the interface that is provided by the website/app. The use of a deep-link, robot, spider, or other automatic device, program, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Website/App or Content, or to reproduce or circumvent the navigational structure or presentation of the Website/App, materials, or any content, to obtain or attempt to obtain any materials, documents, or information through any means not expressly made available.
12.4. You acknowledge and agree that by accessing or using the Website/App or services, you may be exposed to content from other users that you may consider offensive, indecent, or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive content on the Website/App. Furthermore, you may report such offensive content by sending us an e-mail to our official e-mail address.
This Website/App, by nature, allows you to upload information; you undertake to ensure that such material is in accordance with applicable laws.
Further, you undertake not to:
a. Harass, harass, threaten, defame, disillusion, erode, abrogate, demean, or otherwise violate others’ legal rights;
b. Engage in any activity that interferes with or disrupts access to the Website/App or the Services (or the servers and networks to which the Website/App is connected);
c. Impersonate anyone or anything, or falsely state or otherwise misrepresent your affiliation with someone or something;
d. Publish, post, or disseminate any information that is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially or ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any way; or unlawfully threatening or harassing, including but not limited to
e. Post any file that infringes on the intellectual property, patent, or trademark of another legal entity.
f. Upload or distribute files that contain viruses, corrupted files, or any other similar software or programmes that may damage the operation of the Website/App or another’s computer;
g. Download any file posted by another user of a service that you know, or should reasonably know, cannot be legally distributed in this manner.
h. Probe, scan, or test the vulnerability of the Website or App or any network connected to the Website or App, but do not breach the security or authentication measures on the Website or App or any network connected to the Website/App. You may not reverse look-up, trace, or seek to trace any information on any other user or visitor to the Website/App, including any account not owned by you, to its source, or otherwise exploit the Website/App or any service or information made available or offered by or through the Website/App, whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than your own information, as provided for by the We
i. Interfere with or disrupt the security of the Website/App, systems resources, accounts, passwords, servers, or networks connected to or accessible through the Website/App or any affiliated or linked sites;
j. Collect or store data about other users in connection with the prohibited conduct and activities set forth in this section.
k. Use the Website/App, or any material, content, or user content, for any purpose that is illegal or prohibited by these Terms of Service, or to solicit the performance of any illegal activity or other activity that infringes the rights of this Website/App or other third parties;
l. Infringe on any code of conduct or other guidelines that may be applicable to or for any specific service;
m. Violate any applicable laws or regulations in force within or outside India at the time;
n. Violate the Terms of Use, including but not limited to any applicable additional terms of the website/app contained herein or elsewhere.
o. Disobey any code of conduct or other guidelines that may be applicable to or for any specific service;
p. endangers India’s unity, integrity, defense, security, or sovereignty, friendly relations with foreign states, or public order, or incite the commission of any cognizable offence, or obstruct the investigation of any offence, or insult any other nation.
q. Publish, post, or disseminate false, inaccurate, or misleading information; violate any applicable laws or regulations in force in or outside India;
r. Offer, attempt to offer, trade, or attempt to trade in any item whose dealing is prohibited or restricted in any way under the provisions of any applicable law, rule, regulation, or guideline in effect at the time.
create liability for us or cause us to lose (in whole or in part) the services of our internet service provider (“ISPs”) or other suppliers;
12.6. While we shall not be held liable or answerable to users for any such acts on your part, violation of this clause would lead to potential criminal legal action against you, either by other users of the Website/App or by us.
We can (and you hereby expressly authorise us to) disclose any information about you to law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury. You understand that we have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website/App) as necessary to satisfy any law, regulation, or valid governmental request. This may include, without limitation, disclosure of the information in connection with an investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena.
We have no obligation to monitor the material posted on the website or app. We shall have the right to remove or edit any content that, in its sole discretion, violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, you remain solely responsible for the content of the materials you post on the Website/App. We assume no responsibility or liability for any content posted, or for any claims, damages, or losses resulting from the use of content and/or the appearance of content on the App.You hereby represent and warrant that you have all necessary rights in and to all of the content you provide and the information it contains, and that such content does not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information.
13. Disclaimer of Warranties and Liability Limitation:
13.1. All information, products, and services included on or otherwise made available to you through this website/app are provided by www.elevationbiopharma.com on an “as is” and “as available” basis, either expressed or implied. We specifically disclaim warranties of any kind to the extent allowed by the applicable law. You expressly agree that your use of this website/app is at your sole risk.
13.2 www.elevationbiopharma.com accepts no liability for any damages or viruses that may infect your computer equipment or other property as a result of your access, use, or browsing on this site.
13.3. www.elevationbiopharma.com has made reasonable efforts to ensure that all information published on the Website/App is correct at the time of posting; however, errors in such information may occur, for which we shall bear no liability.We reserve the right to remove or alter any of the information contained on the Website/App at our sole discretion.
13.3. www.elevationbiopharma.com has made reasonable efforts to ensure that all information published on the Website/App is correct at the time of posting; however, errors in such information may occur, for which we shall bear no liability.We reserve the right to remove or alter any of the information contained on the Website/App at our sole discretion.
13.4 www.elevationbiopharma.com does not guarantee the Website/App content’s adequacy, currency, or completeness.www.elevationbiopharma.com does not warrant or endorse the effectiveness, quality, or safety of the products available on the website/app.
13.5. We disclaim responsibility for any harm caused to individuals as a result of any instructions or products mentioned on the Website/App. Elevation Biopharma.com is not associated with any manufacturer of medicines or other products on the Website/App. We do not warrant that the Website/App or its content will meet your requirements.
Please note that while www.elevationbiopharma.com has made every effort to accurately display the colours of products on its website/app, the actual colour you see will depend on your monitor or the display you use to access the website/app. We cannot guarantee that your device’s display of any colour will be the same as the colour of the products delivered to you.
We may let you view our information and communicate with us through social media services such as Facebook, Instagram, and Twitter. www.elevationbiopharma.com explicitly disclaims any responsibility for the terms of use and privacy policies that govern these third-party websites, which are in no way associated with us.
13.8. www.elevationbiopharma.com accepts no liability for any loss or damage incurred as a result of your reliance on product reviews posted by elevationbiopharma.com users.
13.9. www.elevationbiopharma.com reserves the right, at any time and without notice, to modify or withdraw any part of the Website/App or any of its content.
14. Availability of Websites/Apps:
14.1. We take every reasonable precaution to ensure that the www.elevationbiopharma.com website and app are available 24 hours a day, seven days a week. However, the Website/App may become temporarily unavailable due to maintenance, server or other technical issues, or for reasons beyond our control. www.elevationbiopharma.com does not warrant uninterrupted access to this website or any linked website or app. However, we may, but shall not be obliged to, issue a notice when we know of scheduled maintenance of our Website/App.
15. Governing Law And Jurisdiction: 26.1. These Terms of Use, Privacy Policy, and your use of this Website/App and its content will be governed and construed in all respects in accordance with Indian law, without regard to conflict of law principles.
Any legal action or proceeding related to these terms of use shall be subject to the exclusive jurisdiction of the courts in Delhi only.
15. Dispute Resolution:
15.1. All disputes arising out of or in relation to these Terms of Use and Privacy Policy, including but not limited to rights conferred, compensation, refunds, and other claims (“Dispute”), will be mutually resolved by the parties amicably amongst themselves, to the mutual satisfaction of both parties. In the event that the parties are unable to reach an amicable solution within thirty (30) days of one party communicating the existence of a dispute to the other party, the dispute will be resolved by arbitration by a sole arbitrator to be mutually appointed by both parties, and the award passed by such sole arbitrator will be valid and binding on both parties.
15.2. The arbitration shall be conducted in English, and the seat of arbitration shall be the city of New Delhi in the state of Delhi, India.
15.3. The parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either party to bear the entire cost of the proceedings.
15.4 The parties expressly agree that the Terms, Policy, Privacy Policy, and any other agreements entered into between the parties will be governed by Indian laws, rules, and regulations, and that the courts in Delhi will have exclusive jurisdiction over any disputes between the parties.
16. Modifications and Additions:17.1. We reserve the right to change these terms and conditions at any time without notice to you.
Any such changes will become effective once we post a revised version of these terms of service on the Website/App.It is your responsibility to review the www.elevationbiopharma.com terms of use regularly. Your continued use of the Website/App following the publication of any such changes will constitute your agreement to follow and be automatically bound by the amended terms and conditions.
18. Miscellaneous
18.1. We reserve the right to change these terms of service at any time without notice at our discretion and to notify users of any such changes solely by changing these terms of use. Continued use of the Website/App following the posting of any amended Terms of Use constitutes your agreement to be bound by any such changes.Your use of this website/app prior to the time these terms of use were posted will be governed by the terms of use that applied at the time of your use.
18.2 We reserve the right, at any time and without notice or liability, to change, suspend, discontinue, or limit the use of any portion of the Website/App or its content, including the availability of any portion of the Website/App or its content.We may deny access to any person or user at any time for any reason. Furthermore, we may assign our rights and obligations under this Agreement to any affiliate, subsidiary, or business unit, or any of their affiliated companies or divisions, or to any entity that acquires us or any of our assets, at any time.
18.3. We hereby reserve the right to block usage of the Website/App if any breach of the Terms of Use is caused by a user. This can in no way be construed as a waiver of any legal right under Indian law to claim any damages or initiate any legal proceedings against the user.
18.4 If any provision of these Terms and Conditions is found to be illegal, void, or unenforceable for any reason, that provision is deemed severable from these Terms and Conditions and has no effect on the validity or enforceability of any remaining provisions.
Even after termination, certain obligations, including but not limited to indemnity obligations, intellectual property rights, and dispute resolution, will continue and survive termination.
18.5. The company’s failure to enforce or exercise any provision of this agreement or related right shall not be construed as a waiver of that right or provision.
18.6. The section titles used in this agreement are purely for convenience and carry with them no legal or contractual effect.
18.7. In the case of a conflict between these terms and the terms of any electronic or machine-readable statement or policy, these Terms of Use shall prevail. Similarly, if there is a conflict between these terms and our Privacy Policy, these terms will take precedence.
Contact Information:
19.1 If you have a complaint, comment, question, or suggestion about any of our services, please contact us at info@elevationbiopharma.com. If you have any questions concerning www.elevationbiopharma.com, the Website/App, these Terms of Use, or anything related to any of the foregoing, www.elevationbiopharma.com can be reached at the following email address: info@elevationbiopharma.com