CLYZO is a brand owned and operated by Pharmonix Biologicals Pvt. Ltd. and affiliated companies worldwide (collectively referred to in these Terms of Use as "we” , and the words “our” and “us” are used accordingly). These Terms of User (“Terms”) regulate the use of this Website, its mobile application, and services offered by or through it (collectively, "the Platform") by a visitor or a user (“you”).
These Terms contain the terms and provisions regarding your conduct on the Platform and, when you accept these Terms, they form a legally binding contract among you and us. By accessing the Platform and/or by availing any of our products or services, you accept these Terms.
We may update these Terms from time-to-time. If we do so, we will publish the updated Terms on this webpage. Such updated Terms shall be effective immediately and shall supersede the Terms substituted by it. Your continued use of the Platform following the publication of revised the Terms will mean that you accept and agree the updated Terms. You are advised to check this page from time to time to be updated with changes in the Terms, as they are binding on you.
The following policies are an integral part of these Terms and should be read contemporaneously with these Terms.
In consideration of your acceptance and continuing compliance with the provisions of these Terms, we grant you a restricted, revocable, non-exclusive, non-transferable license (“License”) to access and use the Platform. The License is revocable by us by immediate notice.
You may browse the Platform to familiarise yourself with our product and service offerings and to share your information with us. By accessing and using this Platform, you represent to us that:
You may browse the Platform without creating an account. However, some of the feature of the Platform may be unavailable to you unless you create an account and thereby become a member. At the time of creating your account, you will be required to submit certain information about yourself. The creation and continuation of your account is subject to such information being complete and correct at all points of time. We recommend you keep your account information current and to follow good password security practices to avoid misuse of your profile. You are solely responsible for the security of your account and are liable for any action that results from your account, whether or not such action was with your consent or knowledge. You expressly agree to absolve us of any responsibility and liability in this regard. You may not share your account information with any unauthorised person(s). Please notify us immediately if you become aware of any unauthorised use of your account.
By accessing and using this Platform, you represent to us that:
If any of the representations above is incorrect, you must immediately cease your access of use of the Platform.
We acknowledge your rights over your personal information. All information made available or otherwise determined by us will be treated in accordance with our Privacy Policy. Unless otherwise specified under our privacy policy, we may use your personal information as stated below.
By using the Platform, you consent to your information being used as above.
We respect third party intellectual property rights and expects you to do the same. We (and our licensors, where applicable) own all right, title, and interest, including all related intellectual property rights, in and to the content featured on the Platform, the service rendered thereby, and in any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party to us. You shall not create, prepare, distribute, exchange, copy, adapt, modify, sell, transmit, publicly display, publicly perform, broadcast any work which is a derivative of, or which is based upon such intellectual property. These Terms do not convey to you any rights of ownership in any portion of the Platform or the intellectual property rights owned by us or by our licensors.
The Platform’s source code is our proprietary creation and our trade secret to which no access permitted to you. We are entitled to use, modify, offer, license, grant any rights and interest in relation to, and/or exploit, whether commercially or otherwise, the Platform, in such manner as we may deem fit, without intimation to or reference to you. Any unauthorised access or attempt to gain such access to the Platform’s source code or content by you will result into termination of your account on the Platform and, in addition, may render you and your principal (if any) liable to criminal prosecution under the applicable law
No licenses, rights, permissions, approvals, or interests are granted to you other than those which are expressly stated in these Terms. The license to access the Platform does not, under any circumstances, give you any right to the source code and/ or object code of the Platform. Our name, logo, and the names associated with the Platform, our products and services are trademarks and brand names belonging to us and other third parties, and no right or license is granted to you use them. Any personal information or details belonging to you and provided by you while availing or accessing the Platform, belong solely to you.
You must use the Platform and our products and services responsibly. In particular, you must not misuse the Platform and our products and services in any manner. You are deemed to misuse the Platform if you indulge in any of the following actions:
All text, graphics, images, videos, user interfaces, photographs, trademarks, logos, sounds, colour combinations, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, juxtaposition, expression, and arrangement of such Content, contained on the Platform is owned, controlled by or licensed by or to us, and may be protected by trade dress, copyright, patent and trademark laws, and other intellectual property rights. Except as expressly provided in these Terms, no part of the Platform and no Content can be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, displayed in a web frame, or distributed in any way to any other computer, server, web site or other medium for publication or distribution or for any commercial enterprise, without our express prior written consent.
The Platform and our products and services are provided “as-is.” To the maximum extent permitted by law, we disclaim all warranties, express or implied, including the implied warranties of non-infringement, merchantability, and fitness for a particular purpose, or non-infringement. We make no commitments about the content within the Platform and our products and services or the product and services of third parties provided over or through the Platform. We further disclaim any warranty that (i) the Platform and our products and services will meet your requirements or will be constantly available, uninterrupted, timely, secure, or error-free or will produce any particular results; (ii) the Platform and our products and services will receive or transmit content or information accurately, adequately, reliably or timely (iii) the results obtained from the use of the Platform and our products and services will be timely, effective, accurate, or reliable or fit for any particular purpose, whether or not we have notice of that purpose; (iv) the quality of the Platform and our products and services will meet your expectations; or (v) any errors or defects in the Platform and our products and services will be corrected. Save for the express warranties set out in these Terms of Use we hereby exclude all implied terms, conditions, and warranties, including any implied conditions of satisfactory quality or fitness for purpose to the fullest extent permitted by applicable law. You may use and access the Platform and our products and services at your own discretion and risk, and you are solely responsible for any risk, loss, damage, or adverse outcome, including loss of data, that results from your use of and access to the Platform and our products and services and those of third parties. We and our officers, directors, employees, and agents will not be liable to you or any other third-party for any and all claims, liabilities, damages, losses or expenses, including attorneys’ fees and costs arising out of or in any way connected with your access to or use of the Platform and our products and services.
As a means to assist the users in identifying the products of their choice, to the extent permitted by applicable law, we provide visual representations on the Website including graphics, illustrations, photographs, images, video charts, screenshots, infographics and other visual aids. While reasonable efforts are made to provide accurate visual representation, we disclaim any guarantee or warranty of accuracy of such visual representation or description of the products.
We are not liable to you or a third-party for any loss of use, data, goodwill, or profits, whatsoever, and any special, incidental, indirect, consequential, or punitive damages whatsoever, regardless of cause (even if we have been advised of the possibility of the loss or damages), including losses and damages (i) resulting from loss of use, data, or profits, whether or not foreseeable; (ii) based on any theory of liability, including breach of contract or warranty, negligence or other tortious action; or (iii) arising from any other claim arising out of or in connection with your use of or access to the Platform and our products and services. Our total liability to you in any matter arising out of or related to the Terms is limited to the least of (i) INR 100 in the aggregate, (ii) the purchase price paid by you in respect of the product under which such liability has arisen, (iii) the minimum amount of liability required to be assumed by us under the applicable law. This limitation will apply regardless of the form or source of claim or loss, whether the claim or loss was foreseeable, and whether we had been advised of the possibility of the claim or loss. Nothing in these Terms limits or excludes our liability for death or personal injury caused by our gross negligence or intentional misconduct.
You agree to indemnify, defend, and hold us, our associates and our respective officers, Directors, employees, and agents harmless (including for advocate's fees) from any claim or demand made by any third-party, due to or arising out of your violation of these Terms. We reserve the right to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defence of these claims. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it. You agree not to settle any matter without our prior written consent. You hereby waive any right to participate in class actions. You agree to release us, and our officers, Directors, employees, and agents and third-party associates from all claims and demands arising out of your use of the Platform and our products and services and products and services of third parties made available by or through the Platform.
We reserve the right to continually evolve the Platform and our products and services. This may result in addition of new features and the discontinuation of existing features to the Platform from time to time. This may also result in the loss of information related to the discontinued features. No liability shall attach to us for this reason. Nothing under the arrangement set out hereunder restrains us from assigning our rights and obligations to a third-party without an advance intimation or prior reference to you. If any of these Terms are unenforceable, such Terms shall be re-interpreted in a manner which renders them enforceable and which is as close to the intent of the impugned Terms as legally possible. The validity of the other Terms will not be affected thereby. You will not directly/ indirectly disparage us.
Regardless of the nomenclature and terms used, all contracts (including these Terms) entered into between us:
All notices under these Terms must be in writing. We may serve a notice to you by publishing it on a reasonably prominent location the Platform or by email on any of your email addresses available to us, or by physical mail at your address available to us or publicly available. You may serve a notice to us by email on [email protected] with the subject line “Legal Notice under Terms of Use”. You are responsible for notifying us as soon as possible of a change in your contact information; your failure to provide the proper information shall not delay your obligations under these Terms.
We are not liable for failure or delay in performing our obligations because of causes beyond our reasonable control, including acts of God, terrorism, war, riots, fire, earthquake, flood, degradation or failure of third-party networks or communications infrastructure, deficiency in products and services supplied by third parties, and no liability shall attach to us on this account
These Terms are governed by the laws of India, excluding conflict of laws principles. The parties agree that the U.N. Convention on Contracts for the International Sale of Goods does not apply to these Terms. Claims, disputes, or objections that arise concerning the Platform which cannot be resolved through discussions shall be referred to arbitration. The arbitration shall be conducted in English through a sole arbitrator. The venue of the arbitration shall be at Mumbai. Any action arising under or related to these Terms or concerning the Platform will be resolved exclusively by the courts in Mumbai and its appellate courts, and you consent to the waiver of any other jurisdiction. The prevailing party is entitled to recover all reasonable fees, costs, and expenses of enforcing its rights, including reasonable attorneys’ fees. You acknowledge that these Terms are concluded as a contract in Mumbai, India. Notwithstanding the foregoing, in the event of your or others’ unauthorised access to or use of the Platform and our products and services in violation of these Terms, you agree that we are entitled to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
