This document is an electronic record in terms of the Information Technology Act, 2000 (the ‘Act’) and rules framed under the Act, as applicable on the date of publication of this document. This electronic record is generated by a computer system and does not require a physical or digital signature.

This document is published in accordance with the provision of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that requires publishing the terms, regulations and privacy policy for access or usage of a website operated and managed by an intermediary.

GOVIK INDUSTRIES PRIVATE LIMITED, a private company limited by shares, incorporated under the (Indian) Companies Act, 1956, having its registered office at Office No. 720, 7th Floor, Tulsiani Chambers, Free Press Journal Road, 212, Nariman Point, Mumbai, Maharashtra – 400021, India, (hereinafter referred to as ‘Govik’) is the owner of this website with domain URL, coprotex.in.

1. DEFINITIONS:

1.1. ‘Applicable Law’ means any common or customary law, constitutional law, any statute, regulation, resolution, rule, ordinance, enactment, judgment, order, ordinance, decree, directive, notification, clarification issued by a government authority, guideline issued by a government authority, policy, statutory requirement or other governmental restriction or any form or decision of or determination by or interpretation of any of the foregoing by any government authority, now or hereafter in effect, in each case as amended, re-enacted or replaced, as may be applicable to Govik and its Users severally.

1.2. ‘Billing Details’ means name, company name, address, phone number and / or email address provided by the User at the time of placing an order.

1.3. ‘Privacy Policy’ refers to Govik’s privacy policy as published on the Website including, any amendments as may be updated from time to time.

1.4. ‘Products’ refers to the healthcare product(s) sold by Govik through the Website.

1.5. ‘Terms and Conditions’ refers to this Terms and Conditions including, any amendments as may be updated from time to time.

1.6. ‘Terms’ refers to the Terms and Conditions, the Privacy Policy and any other rules and policies that Govik may publish from time to time.

1.7. ‘User’ refers to any person who for their own behalf or on behalf of a minor person, accesses the Website for purposes, including without limitation, browsing, viewing, purchasing Products made available on the Website; submitting queries on the Website; or otherwise using the Website.

1.8. ‘Website’ refers to this website with domain URL, coprotex.in.

For the purpose of the Terms, words importing persons will be deemed to include natural and juridical persons i.e. individuals, incorporated and unincorporated entities.

2. WEBSITE OVERVIEW:

The Website is an internet-based platform for Users to purchase the Products offered on the Website.

3. ACCESSING THE WEBSITE:
3.1. The User hereby agrees that the use of the Website including accessing, viewing, browsing or otherwise using the Website, registering on the Website, purchasing from the Website, sharing / uploading of any information or data which may be of personal and / or confidential nature on the Website, is subject to the terms and conditions contained in the Terms.

3.2. By browsing, accessing, uploading any information or data which may be of personal and / or confidential nature on the Website or otherwise using the Website, the User irrevocably agrees to accept and be bound by the Terms. The User agrees that the User will not use the Website if the User does not accept all of the Terms. The User confirms that the User has carefully read and understood the Terms and agrees to be bound by the provisions contained in the Terms.

3.3. The user acknowledges and agrees that Govik may amend, modify, replace, add or delete any portion of the Terms at any time by posting the relevant amended and restated Terms on the Website. The User acknowledges that it is the User’s responsibility to review these Terms periodically and to be informed of all updates or changes effected with respect to the Terms and that by continuing use of the Website, the amended Terms will apply to the User and that the User will be bound by the amended Terms.

3.4. Subject to the User’s compliance with this Terms, Govik grants to the User a personal, non-exclusive, non-transferable, limited licence to access and use the Website. Govik may at its sole discretion allow or disallow any User, access to the Website.

4. ELIGIBILITY:
4.1. To be eligible to access the Website, the User is required to fulfil the conditions set out below:
(a) the User should be competent to enter into legally binding contracts as defined under the Indian Contracts Act, 1872; and
(b) if the User is accessing the Website on behalf of any company, firm, institution or any other entity (incorporated or unincorporated), the User must be duly authroized to act on behalf of and by such company, firm, institution or any other entity.

4.2. Govik reserves the right to terminate the User’s registration and / or refuse to provide the User with access to the Website without being obligated to provide any notice to the User.

5. REGISTRATION:

5.1. The User may register itself with Govik to access the Website and to purchase the Products.

5.2. For the purpose of registering with Govik, the User may opt to create an account at the time of placing its order. The User will be able to create the account using the Billing Details provided by the User at the time of placing its order.

5.3. The User may use its account for the purpose of accessing the Website and purchasing Products on the Website. Govik may from time to time, amend and / or implement processes to secure the process of creating account, such as verification of registrations, unique keys, identifiers, etc.

6. USER’S RESPONSIBILITY:

6.1. The User is solely responsible for protection of its log in details and is responsible for all activities that occur under its account. The User will notify Govik immediately of any unauthorized use of the User’s account or other breach of security. The User understands that Govik will not be held liable or responsible for any loss, damage, liability, expenses or attorneys’ fees incurred by the User as a result of loss, theft, misappropriation and / or any other misuse of the User’s login credentials, either with or without the User’s knowledge and / or authorization.

6.2. The User is solely responsible for the authenticity and correctness of the Billing Details submitted by the User. The Billing Details provided by the User will be dealt in the manner set out in the Privacy Policy.

6.3. The User agrees and acknowledges that the User is solely responsible for compliance with Applicable Laws.

7. ORDER, PAYMENT, DELIVERY, RETURN & REPLACEMENT:

7.1. Order:
7.1.1. To place an order the User must add the Products to the cart, provide the Billing Details and shipping address (if the shipping address is different from the address provided in the Billing Details), order notes and make the applicable payment.
7.1.2. The User will have the option to apply promotion coupon code, if any, while placing its order.
7.1.3. The User may process the payment by way of any of the payment methods made available through the Website
7.1.4. The order will be confirmed and deemed to be placed only upon Govik receiving payment from the User.
7.1.5. The order once placed cannot be cancelled.

7.2. Payment:
7.2.1. All payments in respect of the orders placed on the Website are collected through secured payment methods. Govik accepts payments through credit cards, debit cards and net banking facilities through a secure third party payment gateway. The payments through a third party payment gateway will be governed by the applicable payment gateway’s terms and policies.
7.2.2. While availing any of the payment methods made available on the Website, Govik will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to the User on account:
(a) Lack of authorization for any transaction/s;
(b) Exceeding the preset limit mutually agreed between the User and its financial service providers;
(c) Any payment issues arising out of the transaction; or
(d) Decline of transaction for any other reason/s.
7.2.3. The purchase price of the products displayed on the Website is inclusive of applicable taxes. The User agrees that the purchase price of the Products available for sale on the Website are fixed and non-negotiable and are subject to change without prior notice.
7.2.4. All payments in respect of the orders placed on the Website will be made in Indian currency i.e. Indian National Rupee (INR) only.

7.3. Delivery:
7.3.1. The Products order by the User will be delivered at the shipping address provided by the User through third party logistics service providers.
7.3.2. The User is requested to not accept delivery of any order if the packaging is damaged or tampered and inform Govik within 3 (Three) days from the date of attempted delivery of the order.
7.3.3. The User wil be required to pay shipping charges, if applicable.

7.4. Return and Replacements:
7.4.1. Subject to the warranties provided along with the Products sold, the Products once shipped or delivered cannot be returned and / or replaced for any reason whatsoever.
7.4.2. If the Product is eligible for return and / or replacement in accordance with the warranties granted and expressly set forth on the Product packaging, the eligible Product may be returned by placing a return request by way of an email addressed to Govik at info@govik.com.
7.4.3. Govik will inspect the Product(s) returned within the applicable warranty period expressly set forth on the Product packaging. If Govik determines that the returned Product is eligible for return on inspection, Govik will either replace the Product or refund the purchase price at its sole discretion.

8. RESTRICTION ON USE:

8.1. The User agrees that the User will not use the Website for any illegal, fraudulent or inappropriate purposes.

8.2. The User must not copy or adapt the source code of the Website, reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of the Website.

8.3. The User must not violate, circumvent or attempt to violate or circumvent any data security measures or authentication procedures employed by Govik or attempt to interfere with the Website by any means including, without limitation to hacking or do any activity which results in the interruption of the uptime of the Website.

8.4. The User must not interfere or disrupt the functioning of the Website by any means including without limitation, transmitting any worms, viruses, spyware, malware or any other code of a disruptive or destructive nature.

8.5. The User must not submit any information forming a part of the Billing Details that is intended to impersonate another person or belongs to another person and to which the User does not have any right to use.

8.6. The User must not collect or attempt to collect personal data or any other kind of information about other Users including without limitation, by employing scraping tools.

8.7. The User must not engage in any act that is likely to or tends to jeopardize, damage, limit or interfere with Govik’s intellectual property rights or any other rights mentioned in these Terms.

8.8. The User must not share or upload any information / content that:
(a) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling or otherwise unlawful in any manner whatsoever;
(b) harms minors in any way;
(c) infringes any patent, trademark, copyright or other proprietary rights;
(d) violates any Applicable Law;
(e) deceives or misleads the addressee about the origin of such content or communicates any information which is grossly offensive or menacing in nature;
(f) impersonate another person; and
(g) belongs to another person and to which the User does not have any right to;
(h) threatens the integrity, defence or security of a country, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or defame any country; and
(i) may create any kind of liability for Govik.

9. INTELLECTUAL PROPERTY RIGHTS:

9.1. Govik holds copyrights in the Website. Govik is also the sole owner or lawful licensee of all the rights of the Website including but not limited to software (including source codes), algorithms, design, layout and non-literal visual and functional elements of the Website and the Products sold by Govik. The title, ownership and intellectual property rights in the Website and the Products sold by Govik will remain worldwide with Govik solely and exclusively and no right, title or interest will be transferred to the Users by providing access to the Website.

9.2. ‘Govik’, ‘CoProtex’ and related icons and logos are registered or registration has been applied for in various jurisdictions and the same is protected under applicable trademark and other intellectual property laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited and will be subject to appropriate legal proceedings against the unauthorized User.

9.3. The User acknowledges that no title to the intellectual property in relation the Products is transferred to the User on purchasing such Products and the User will not acquire or claim any rights in or to the intellectual property in relation to the Product, whether by implication, operation of law or otherwise.

10. REPRESENTATIONS & WARRANTIES

10.1. The User represents and warrants that, the User has the legal power and authority to accept and bind itself by these Terms.

10.2. The User further represents and warrants that the User has neither falsely identified themselves nor provided any false information to gain access to the Website. All information provided by the User is accurate, true and correct and will remain accurate, true and correct each time the Users uses the Website and until and updated by the User themselves.

11. DISCLAIMER OF WARRANTY:

11.1. Except as expressly set forth in these Terms, access to the Website is provided on an “as is” basis, without warranties of any kind, either expressed or implied, including, without limitation, implied warranties of fitness for a particular purpose or non-infringement. To the full extent permitted by law, Govik and its directors, officers, employees, affiliates, agents and representatives disclaim all warranties other than as expressly set forth herein including any implied warranties of non-infringement. Govik does not warrant that the access and/ or the use of the Website will be timely; uninterrupted; error free or secure; meet the User’s requirements or expectations; free of viruses, bugs or other harmful components or that all defects will be corrected.

11.2. To the full extent permitted by law, GIPL disclaims all warranties in relation to the Products including any implied warranties of merchantability or fitness for a particular purpose and any warranties arising out of the course of dealing or trade usage other than the warranties expressly set forth on the Product packaging.

12. INDEMNITY:

12.1. Govik does not provide any indemnity to a User with respect to use of the Website.

12.2. The User hereby indemnifies, defends and holds harmless, Govik, its directors, officers, employees, affiliates, agents and representatives to the fullest extent permitted by law, against any claim, demand, suit or proceeding made by any third party in relation to the User’s use of the Website which is in breach of the Terms; unlawful and/or unauthorized use of the Website and any other breach by the User of its obligations under the Terms. The indemnity provisions will survive the termination of the User’s account / revocation of the User’s access to the Website.

13. LIMITATION OF LIABILITY:

To the full extent permitted by the Applicable Law and notwithstanding any failure of essential purpose of any limited remedy or limitation of liability, Govik and its directors, officers, employees, affiliates, agents and representatives will not be liable for any special, indirect, incidental, consequential or punitive damages including without limitation, any loss due to unauthorized use; errors; etc. or in relation to these Terms or the subject matter hereof, regardless of whether such liability arises from contract, indemnification, warranty, tort (including negligence), strict liability or otherwise and regardless of whether Govik has been advised of the possibility of such loss or damage.

14. CONFIDENTIALITY & PRIVACY POLICY:

14.1. Any personal information that is required to be collected by Govik will be kept confidential in accordance with the provisions of the Privacy Policy. In addition to the Privacy Policy, the provisions of the Applicable Laws, including without limitation, the Information Technology Act, 2000, the Information Technology (Intermediary Guidelines) Rules, 2011 and the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, as may be amended from time to time will be applicable to the use of the Website.

14.2. Govik reserves the right to cooperate fully with governmental authorities. Further, Govik may disclose the User’s identity and contact information, if mandated by a government or law enforcement body or under other legal action. Govik will not be liable for damages or results arising from such disclosure, and the User agrees not to bring any action or claim against Govik for such disclosure.

15. TERMINATION:

15.1. Govik may terminate or suspend the User’s account / access to the Website immediately, without prior notice or liability, if the User is in breach any of the Terms. Upon termination of the User’s account / revocation of the User’s access to the Website, the User’s right to use and access the Website, will immediately cease.

15.2. All provisions of the Terms which by their nature survive termination will survive termination, including without limitation intellectual property rights, representations and warranties, disclaimer of warranties, indemnity and limitations of liability. Termination of the User’s account with the Website / revocation of the User’s access to the Website will not relieve the User of any obligations arising or accruing prior to such termination or limit any liability which the User otherwise may have towards Govik, including without limitation any indemnification obligations.

16. GOVERNING LAW & DISPUTE RESOLUTION:

16.1. The law governing the Terms will be the substantive laws of the Republic of India, without giving effect to the conflicts of law principles of any jurisdiction in which the Website is accessed.

16.2. Any dispute arising out of or in connection with the Terms, including any question regarding its existence, validity or termination, will be referred to and finally resolved by arbitration. The seat and venue of the arbitration will be Mumbai, India. The Tribunal will consist of one arbitrator, appointed by the parties mutually. The language of the arbitration will be English. The law governing this arbitration agreement will be the Arbitration and Conciliation Act, 1996 (as amended and re-enacted at the relevant time).

17. MISCELLANEOUS:

17.1. The failure by either party to enforce any provisions of these Terms will not constitute a waiver of any other right under the Terms or of any subsequent enforcement of that or any other provisions. If a court of competent jurisdiction holds any provision of the Terms invalid or unenforceable, the remaining provisions of the Terms will remain in full force and effect, and the provision affected will be construed so as to be enforceable to the maximum extent permissible by law.

17.2. All notices required or permitted under the Terms will be in writing and delivered by email, registered mail, postage prepaid with return receipt requested, and in each instance, will be deemed given upon receipt. All communications to Govik will be addressed to the Grievance Officer. All communications to the User will be addressed to the email address provided by the User at the time of registration with Govik.

17.3. Govik will not be responsible for any failure or delay in Govik’s performance under the Terms, for reasons beyond Govik’s reasonable control, including, but not limited to, penetration events such as hacking, malware, etc., disconnection by Providers, internet outage, server breakdowns, server downtime, system incompatibility, strikes, labour disputes, lockouts, war, acts of terror, riot, acts of God, epidemics, pandemics, or governmental action and / or restrictions.

17.4. No agency, partnership, joint venture, or employment is created as a result of these Terms and the User does not have any authority of any kind to bind Govik in any respect whatsoever.

18. GRIEVANCE REDRESSAL:

18.1. In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer who can be contacted with respect to any complaints or concerns including those pertaining to use of the Website, breach of these Terms, and other polices or questions, are published as under:
Grievance officer name: Prashant Singh
E-mail address: feedback@coprotex.in
[11:00 A.M. to 5:00 P.M. from Monday to Friday except Public Holidays]

These Terms and Conditions were last published on 17th October 2020.