1. USE OF THE PLATFORM
Welcome to www.gennextpharma.com (“Site” or “GenNext Pharma”). The website www.gennextpharma.com is owned and operated by GenNext Pharma India LLP (“GenNext Pharma”), is operated under a company incorporated under the provisions of the Companies Act with its registered office at 221, D Mall, Netaji Subhash Place, Pitampura, New Delhi – 110034 India. You may be accessing our Site from a computer or mobile phone device (through an iOS or Android application, for example) and these Terms of Use govern your use of our Site and your conduct, regardless of the means of access. You may also be using our interactive services (“Interactive Services”), such as our Health Suggestions, Health Tips, etc. and the Health Services wherein you can book any health products provided by our Pharma partners (“Health Services”) and these Terms of Use also govern your use of the Interactive and Health Services.
By mere accessing or using the Platform, you are acknowledging, without limitation or qualification, to be bound by these Terms of Use and the Policies, whether you have read the same or not. ACCESSING, BROWSING, OR OTHERWISE USING THE PLATFORM INDICATES YOUR UNCONDITIONAL AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING. If you do not agree to any of the terms enumerated in the Terms of Use or the Policies, please do not use the Platform. You are responsible to ensure that your access to this Platform and material available on or through it are legal in each jurisdiction, in or through which you access or view the platform or such material.
GenNext Pharma reserves the unilateral right to change the particulars contained in the Terms of Use or the Policies from time to time and at any time, without notice to its users and in its sole discretion. If GenNext Pharma decides to change the Terms of Use or Policies, GenNext Pharma will post the new version of the Terms of Use or the Policies on the Site and update the date specified above. Any change or modification to the Terms of Use and the Policies will be effective immediately from the date of such upload of the Terms of Use and Policies on the Site. Your continued use of the Platform following the modifications to the Terms of Use and Policies constitutes your acceptance of the modified Terms of Use and Policies whether or not you have read them. For this reason, you should frequently review these Terms of Use, our Guidelines and Rules, and any other applicable policies, including their dates, to understand the terms and conditions that apply to your use of the Site.
We understand the importance of safeguarding your personal information and we have formulated a Privacy Policy, to ensure that your personal information is sufficiently protected. Apart from these Terms of Use, the Privacy Policy shall also govern your visit and use of the Site. Your continued use of the Site implies that you have read and accepted the Privacy Policy and agree to be bound by its terms and conditions. You consent to the use of personal information by GenNext Pharma in accordance with the terms of and purposes set forth in the Privacy Policy, the same may be subject to amendment from time to time at the sole discretion of GenNext Pharma.
This Site is directed to be used by adults only. We assume that any minor if at all, accessing our Site is under the supervision of their guardians. GenNext Pharma or its associates do not knowingly collect information from minors. You will be responsible for maintaining the confidentiality of your account, password, and restricting access to your computer, and you hereby accept responsibility for all activities that occur under your account and password. You acknowledge that the information you provide, in any manner whatsoever, is not confidential or proprietary and does not infringe any rights of a third party in whatsoever nature
If you are accessing, browsing, and using the Site on someone else’s behalf; you represent that you have the authority to bind that person to all the terms and conditions herein. In the event that the person refuses to be bound as the principal to the Terms of Use, you agree to accept liability for any harm caused by any wrongful use of the Site resulting from such access or use of the Site in whatsoever nature
If you know or have reasons to believe that the security of your account has been breached, you should contact us immediately at the ‘Contact Information’ provided below. If we have found a breach or suspected breach of the security of your account, we may require you to change your password, temporarily or permanently block or suspend your account without any liability to GenNext Pharma.
We reserve the right to refuse service and/or terminate accounts without prior notice if these Terms of Use are violated or if we decide, at our sole discretion, that it would be in GenNext Pharma’s and GenNext Pharma’s best interests to do so. You are solely responsible for all contents that you upload, post, and email, or otherwise transmit via the Site. The information provided to us shall be maintained by us in accordance with our Privacy Policy.
GenNext Pharma attempts to be as accurate as possible in the description of the product on the Platform. However, GenNext Pharma does not warrant that the product description, color, information, or other content of the Platform is accurate, complete, reliable, current, or error-free. The Site may contain typographical errors or inaccuracies and may not be complete or current. The product pictures are indicative and may not match the actual product.
GenNext Pharma reserves the right to correct, change or update information, errors, inaccuracies, or omissions at any time (including after an order has been submitted) without prior notice. Please note that such errors, inaccuracies, or omissions may also relate to the pricing and availability of the product or services.
The products and services available on the Platform, and the samples, if any, that Platform may provide you, are for your personal and/or professional use only. The products or services, or samples thereof, which you may receive from us, shall not be sold or resold for any/commercial reasons.
In case any products or beauty services purchased/received/availed causes side effects or doesn’t suit you, please note that GenNext Pharma is in no manner responsible for any manufacturer side-effects or service provider and manufacturer or service provider of the product or service shall be solely responsible for such side effects and consumer complaints. You should carefully read the individual terms and conditions in relation to the products and beauty services and consult a specialist before the use of the same.
Any recommendation made to you in the Site during the course of your use of the Site is purely for informational purposes and for your convenience and does not amount to an endorsement of the product or services by GenNext Pharma or any of its associates in any manner.
GenNext Pharma strives to provide accurate product and pricing information, however, errors may occur.
GenNext Pharma cannot confirm the price of the product until you make the order. Without limiting the generality of Clause 8 (Cancellations, Refunds, and Returns) below, if a product/service is listed at an incorrect price or with incorrect information due to any technical error, GenNext Pharma shall have the right, at its sole discretion, to refuse or cancel any orders placed for that product/ service, unless the product has already been delivered or the service has already been availed by you. In the event that an item is wrongly priced, GenNext Pharma may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has been delivered and the services are availed, your offer will not be deemed accepted, and GenNext Pharma will have the right to modify the price of the product/ service and contact you for further instructions using the e-mail address provided by you during the time of registration or placing of the order, or cancel the order and notify you of such cancellation. In the event that GenNext Pharma accepts your order the same shall be debited to your credit card/ debit card account and duly notified to you by email that the payment has been processed. The payment may be processed prior to GenNext Pharma’s dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed to your credit/debit card account.
PRICES AND AVAILABILITY OF THE PRODUCTS AND SERVICES PROVIDED OR OFFERED ON THE SITE ARE SUBJECT TO CHANGE WITHOUT PRIOR NOTICE AND AT THE SOLE DISCRETION OF GENNEXT PHARMA
GenNext Pharma may revise and cease to make available any product/ services at any time. In the event, GenNext Pharma is unable to deliver the product to you on time or at all, you will be notified by e-mail and your order will be automatically canceled due to unavailability of the product or at your instructions due to failure to deliver the product on the expected time of delivery by our delivery partners. GenNext Pharma shall not be liable to pay for any damages in such an event owing to cancellation of the order or delay in delivery.
Please refer to our Cancellation, Refunds, and Returns Policy provided on our Site.
Payments for the products available on the Site may be made in the following ways:
Payments can be made by Credit Cards, Debit Cards, Net Banking, Wallets, e-Gift cards, and reward points.
Credit card, Debit Card and Net Banking payment options are instant payment options and recommended to ensure faster processing of your order.
Cash on Delivery option is not available for orders outside India.
Please refer to our Cancellation, Refunds, and Returns Policy provided on our Site.
Chat Functionality has been provided to help you with any and all Site-related queries. Any use of this service shall be subject to the following conditions:
GenNext Pharma may suspend the chat service at any time without notice.
GenNext Pharma or its executives are not responsible for any delay caused in attending to or replying to the queries via chat.
Communication through chat may be stored by GenNext Pharma for future reference, and the user of such service will not have the right to access such information at any future date.
While ‘chatting’ you may not communicate any objectionable information i.e. unlawful, threatening, abusive, defamatory, obscene information.
The chat room shall not be used to sell any products, to give suggestions on business opportunities, or any other form of solicitation.
You may proceed further and chat with our online customer care executive only if you agree to the above terms and conditions.
The information, photo, image, chat communication, text, software, data, music, sound, graphics, messages, videos, or other materials transmitted, uploaded, posted, emailed, or otherwise made available to us (“User Content”), are entirely your responsibility and we will not be held responsible, in any manner whatsoever, in connection to the User Content. You agree to not encourage or assist or engage others as well as yourself in transmitting, hosting, displaying, uploading, modifying, publishing transmitting, updating, or sharing any information that
Belongs to another person and to which the user does not have any right to.
Is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, trolling, propaganda or otherwise unlawful in any manner whatever.
harm minors in any way.
Infringes any patent, trademark, copyright, or other proprietary rights.
Violates any law for the time being in force.
Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature.
Impersonate another person.
Contains software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer resource.
Threatens the unity, integrity, defense, security, or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation.
GenNext Pharma shall in no way be held responsible for examining or evaluating User Content, nor does it assume any responsibility or liability for the User Content. GenNext Pharma does not endorse or control the User Content transmitted or posted on the Site by you and therefore, accuracy, integrity, or quality of User Content is not guaranteed by GenNext Pharma. You understand that by using the Site, you may be exposed to User Content that is offensive, indecent, or objectionable to you. Under no circumstances will GenNext Pharma be liable in any way for any User Content, including without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, emailed or otherwise made available via the Site. You hereby waive all rights to any claims against GenNext Pharma for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with User Content.
You hereby acknowledge that GenNext Pharma has the right (but not the obligation) in its sole discretion to refuse to post or remove any User Content and further reserves the right to change, condense or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, GenNext Pharma has the right to remove any User Content that violates these Terms and Conditions or is otherwise objectionable and further reserves the right to refuse service and/or terminate accounts without prior notice for any users who violate these Terms and Conditions or infringe the rights of others.
If you wish to delete your User Content on our Site or in connection with our mobile applications, please contact us by email at support@gennextpharma.com and request you to include the following personal information in your deletion request: first name, last name, user name/screen name (if applicable), the email address associated with our Site and/or mobile applications, your reason for deleting the posting, and date(s) of posting(s) you wish to delete (if you have it). We may not be able to process your deletion request if you are unable to provide such information to us. Please allow up to 30 business days to process your deletion request.
The “GenNext Pharma” name and logo and all related product and service names, design marks, and slogans are the trademarks, logos, or service marks (hereinafter referred to as “Marks”) of GenNext Pharma. All other Marks provided on the Site are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any Marks in any manner. Marks displayed on this Site, whether registered or unregistered, of GenNext Pharma or others, are the intellectual property of their respective owners, and GenNext Pharma shall not be held liable in any manner whatsoever for any unlawful, unauthorized use of the Marks.
GenNext Pharma and its suppliers and licensors expressly and exclusively reserve all the intellectual property rights in all text, programs, products, processes, technology, content, software, and other materials, which appear on this Site, including its looks and feel. The compilation (meaning the collection, arrangement, and assembly) of the content on the Site is the exclusive property of GenNext Pharma and is protected by Indian copyright laws and international treaties. Consequently, the materials on this Site shall not be copied, reproduced, duplicated, republished, downloaded, posted, transmitted, distributed, or modified in whole or in part or in any other form whatsoever, except for your personal, non-commercial use only. No right, title, or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying, reproducing, duplicating, republishing, posting, transmitting, distributing, or modifying.
All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips, downloads, video clips, and written and other materials that are part of this Site (collectively, the “Contents”) are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. We also grant you a limited, revocable, non-transferable, and non-exclusive license to create a hyperlink to the home page of the Site for personal, non-commercial use only. The Contents and software on this Site are to be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Site is strictly prohibited. Unless GenNext Pharma explicitly provides to the contrary, all Contents are copyrighted, trademarked, trade dressed, and/or other intellectual property owned, controlled, or licensed by GenNext Pharma, any of its affiliates, or by third parties who have licensed their materials to GenNext Pharma and are protected by Indian copyright laws and international treaties.
GenNext Pharma grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access, and make personal and non-commercial use of the Site. All rights not expressly granted to you in these Terms of Use are reserved and retained by the Site and its affiliates.
GenNext Pharma reserves the right, at any time, without notice, and at its sole discretion, to terminate your license to use the Site and to block and prevent your future access to the Site.
References on the Site to any names, marks, products, or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you. This does not in any way constitute or imply GenNext Pharma endorsement, sponsorship, or recommendation of the third party, information, product or service, or any association and relationship between GenNext Pharma and those third parties.
GenNext Pharma is not responsible for the content of any third-party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third-party websites, you do so entirely at your own risk. GenNext Pharma does not assume any responsibility for examining or evaluating the offerings of the off-websites pages or any other websites linked from the Site. We shall not be responsible for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit via the Site.
These Terms of Use are effective unless and until terminated by either you or GenNext Pharma.
You may terminate the Terms of Use at any time, provided that you discontinue any further use of this Site. GenNext Pharma may terminate the Terms of Use at any time and may do so without notice, and accordingly deny you access to the Site, such termination will be without any liability to the Site.
Upon any termination of the Terms of Use by either you or GenNext Pharma, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the Terms of Use or otherwise. Any such termination of the Terms of Use shall not cancel your obligation to pay for the product already ordered from the Site or affect any liability that may have arisen under the Terms of Use.
You agree to defend, indemnify and hold harmless GenNext Pharma, its employees, directors, officers, agents, and their successors and assigns its holding, subsidiaries, affiliates, partners, or licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses, including attorney’s fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to GenNext Pharma or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under the Terms of Use, or arising out of your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of the Terms of Use.
The Terms of Use and the Policies shall be construed in accordance with the applicable laws of India. For proceedings arising therein, the Courts at New Delhi shall have exclusive jurisdiction.
Any dispute or difference either in interpretation or otherwise, of the Terms of Use and other Policies on the Site, between the parties hereto, shall be referred to an independent arbitrator who will be appointed mutually and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The seat and venue of arbitration shall be held in New Delhi.
Without any prejudice to particulars listed in Clause 13 above, GenNext Pharma shall have the right to seek and obtain any injunctive, provisional or interim relief from any court of competent jurisdiction to protect its trademark or other intellectual property rights or confidential information or to preserve the status quo pending arbitration.
For disputes relating to orders outside India, the International arbitration rules of the Indian Arbitration and Conciliation Act 1996 shall apply. The seat and venue of international arbitration shall be Mumbai.
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation :
Accessing data 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 service to any other user, host, or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mailbombing” or “crashing”.
Sending unsolicited email, including promotions and/or advertising of products or services.
Forging any header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability.
GenNext Pharma is entitled to investigate occurrences that may involve such violations and may involve, and co-operate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to navigate or search this Site other than the search engine and search agents available from GenNext Pharma on this Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).
If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue to be in effect. Unless otherwise specified herein, these Terms of Use constitute the entire agreement between you and GenNext Pharma with respect to the Site/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written.
GenNext Pharma’s failure to act with respect to a breach by you or others does not waive its right to act with respect to the breach or subsequent and similar breaches.
You acknowledge and hereby agree to these Terms and Conditions and that it constitutes the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications.
We reserve the right, in our sole discretion, to change/ alter/ modify these Terms and Conditions at any time by posting the changes on the Site. Any changes are effective immediately upon posting to the Site. Your continued use of the Site thereafter constitutes your agreement to all such changed Terms and Conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site.
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, affiliation, joint venture, or another form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole but these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision. The headings in the Terms and Conditions are for convenience only and shall not be used in its interpretation.
If you have any questions regarding these Terms and Conditions, please email us at support@gennextpharma.com
E-mail ID:
(i) info@gennextpharma.com
(ii) support@gennextpharma.com
Phone Number:
(i) +91-8882265365
(ii) +91-9999177954
Contact Days:
Monday – Sunday (10:30 a.m. to 6:30 p.m.)
