INTERVET INDIA PRIVATE LIMITED
(MSD Animal Health)
E-commerce Portal – TERMS AND CONDITIONS OF USE
These website terms of use (“Terms of Use“) are an electronic record in the form of an electronic contract formed under the Information Technology Act, 2000 (“Act”) and rules made thereunder and the amended provisions pertaining to electronic documents/records in various statutes as amended by the Act. These Terms of Use do not require any physical, electronic or digital signature.
These Terms of Use are a legally binding document between User and MSDAH (both terms defined below). These Terms of Use will be effective upon your acceptance of the same (directly or indirectly in electronic form or by means of an electronic record) and will govern the relationship between User and MSDAH for the use of the Website (defined below).
It is to be noted that these Terms of Use will be applicable only to purchase of Products (defined below) made by Direct Customers and Indirect Customers (defined below) through the Website and does not apply to purchases made offline.
To the extent applicable, this document is published and shall be construed in accordance with the provisions of Rule 3 (1) (a) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 framed under the Act that require publishing the rules and regulations, privacy policy and user agreement for access or usage of the website.
These Terms of Use of the website located at the URL https://www.shop.msd-animal-health.co.in/ (“Website”) is between MSDAH and (a) stockists and super-distributors (b) veterinary doctors who purchase products directly from MSDAH in bulk (c ) Veterinary Hospitals (collectively referred to as “Direct Customers”) and (c) the customers of Direct Customers i.e. Retailers or veterinary doctors (“Indirect Customers”) registered on the Website (collectively, referred to as “You” or “Your” or “Yourself” or “User“) describe the terms on which MSDAH offers You access to the Website and such other services as are incidental and ancillary thereto.
Please read and review the following Terms of Use carefully before using or registering on this Website. By using this Website, You agree to these Terms of use. If You do not agree, please exit and disregard the information contained herein.
For the purpose of these Terms of Use, the term “Affiliate” shall mean any person which, directly or indirectly, “controls”, is “controlled by”, or is under common control with, MSDAH and the terms “control” or “controls” “controlled” means possession of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract, law or otherwise.
1. General
This Website is owned and operated by Intervet India Private Limited (“MSD Animal Health” or “MSDAH” or “We” or “Us” or “Our”), a company incorporated in India (CIN U52311MH1996PTC099536) with its registered office at 6th Floor, World Trade Center, Tower 5, Survey No 1, Kharadi, Pune – 411014. Merck & Co., Inc, Rahway, NJ, USA is an ultimate parent company of MSDAH.
2. Scope
The Terms of Use set forth in this document apply only to Your use of this Website. MSDAH and its Affiliates operate other websites that are covered by their own terms and conditions as specified within those sites. This Website will allow the:
(a) Direct Customers to make offers to purchase a wide range of animal health products including licensed and non-licensed veterinary products and other equipment (“Products”); and
(b) Indirect Customers to view the list of available Products in their area along with the list of Direct Customers. Indirect Customers can avail ordering cart facility on the Website to make enquiry of Products vis-à-vis availability of required quantity. Of Products. Thereafter, the Indirect Customers can make offers for purchase of Products, to such Direct Customers offline through mail and/or phone.
(collectively, referred to as “Services”).
Clauses 8 and Clause 9 set out the Terms of Use that deal with the purchase of Products by the Direct Customer. Clause 10 sets out the Terms of Use that deal with offers made by Indirect Customers for the purchase of Products from a Direct Customer.
3. Content
Please note that the information contained on this Website regarding MSDAH Products is not intended to be comprehensive or to serve as a substitute for animal healthcare professionals’ own medical judgment. It is the responsibility of animal healthcare professionals to also consult other professional sources and references prior to making any evaluation or decision with respect to treatment.
4. Eligibility
4.1 Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including without limitation, minors, persons disqualified by law such as un-discharged insolvents, convicts etc. are not eligible to use the Website.
4.2 The Products shall also not be available to any Users suspended or removed from MSDAH’s system for any reason whatsoever. If You do not conform to the above qualification, You will not be permitted to make offer for purchase of the Products through the Website. By accessing and using this Website, You represent that You are of legal age to form a binding contract and are not a person barred from entering into a contract under the Indian laws. Notwithstanding the foregoing, if You are below the age of eighteen (18) years or of unsound mind You may avail the services provided by the Website, through Your legal guardian in accordance with the applicable laws.
4.3 We reserve the right to terminate your registration and/or refuse to provide You with access to the Website if it is brought to Our notice or if it is discovered that You are under the age of 18 years, of unsound mind or disqualified by law to enter into a contract. We reserve the right to refuse access to use the Website to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so and You shall have no right to object to the same.
5. Registration and Account
5.1 For the purpose of using and/or making offers for the purchase of Products from MSDAH through the Website, You are required to register on the Website. As part of the registration process, You have to provide MSDAH certain required User information including without limitation, name; user ID; email address; address;; age; phone number; password; valid financial information and create an account (“Account”) through a log-in ID and password, which can include valid email ID (collectively, referred to as the “Account Details”).
5.2 On registering on the Website, You agree and acknowledge that You would (i) create only one (1) account; (ii) provide accurate, truthful, up-to-date and complete information when creating Your Account and in all Your transactions/dealings on the Website; (iii) inform Us of any change in the Account Details You have provided; (iv) maintain confidentiality in respect of Your Account Details by not sharing Your password with others and restricting access to Your account and Your computer; (v) promptly notify MSDAH if You have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner or any other breach of security; (vi) take responsibility for all the activities that occur under Your Account and accept risk of unauthorized access and (vii) ensure that You exit/log out from Your Account at the end of each session.
5.3 It be noted that MSDAH will not be liable for any loss or damage arising from Your failure to comply with this sub-clause (b) of this Clause. You may be held liable for losses incurred by MSDAH or any other User of the Website due to authorized or unauthorized use of Your Account as a result of Your failure to keep Your Account Details secure or otherwise.
5.4 You can get Your Account Details updated by contacting Us.
5.5 Use of the Website through another User’s Account Details is strictly prohibited.
5.6 MSDAH , at its sole discretion, reserves the right to permanently or temporarily suspend Users, to bar their use of and access to the Website, at any time, If You provide any information that is untrue, inaccurate, not current, or incomplete (or becomes untrue, inaccurate, not current or incomplete), or MSD Animal Health has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete.
5.7 The Website uses temporary cookies to store certain data (that is not sensitive personal data or information) that is used by MSDAH for the technical administration of the Website, research and development, and for User administration. In the course of serving advertisements or optimizing the Website for You, MSDAH may allow authorized third parties to place or recognize a unique cookie on Your browser. MSDAH does not store personally identifiable information in the cookies.
5.8 You consent to the collection, transfer, sharing, use, storage and otherwise processing of Your information provided as part of the Account Details in accordance with these Terms of Use and Our privacy policy available on this Website.
6. Communication
6.1 Once You have shared Your Account Details and are successfully registered on the Website, You may receive an email from MSDAH related to your registration on the Website.
6.2 You consent to receive promotional communications and notifications that are related to order placed by You or the Products that maybe available on the Website from time to time. By sharing Your Account Details and registering on the Website, You explicitly consent to receive promotional communication (through SMS or email or other digital and electronic means) from Us and/or Our authorized representatives regarding any new Products.
6.3 You can unsubscribe/opt-out from receiving promotional communications, newsletters and other notifications from MSDAH at any time by following the instructions set out in such communications/messages.
7. Access to the Website
Access to this Website, use of this Website, and the purchase of Products via this Website is restricted to Direct Customers located in India.
8. Purchase of Products by Direct Customers
8.1 In addition to these Terms of Use, all purchases made through this Website are subject to and governed by MSD Animal Health’s terms and conditions of sale, a copy of which is available on this Website.
8.2 Placing Your Order: Please follow the onscreen prompts to place an order. Each order is an offer made by You to buy the Products specified in the order. It be noted that minimum order quantity thresholds as communicated by Us from time to time, shall be applicable on orders for Products placed through the Website.
8.3 Correcting input errors: Our order process allows You to check and correct any errors before placing Your order with Us. Please check the order carefully before confirming it. You are responsible for ensuring that Your order is complete and accurate.
8.4 Acknowledging receipt of Your order: After You place an order, You will receive an email from Us acknowledging that We have received the order, but please note that this does not amount to acceptance of your order by MSDAH. Our acceptance of your order will be in accordance with MSD Animal Health’s terms and conditions of sale.
9. Price of Products and delivery of Products purchased by Direct Customers
Please refer to Our terms and conditions of saleavailable on this Website at https://www.shop.msd-animal-health.co.in/ .
10. Purchase of Products by Indirect Customers
To the extent that Indirect Customers are allowed to purchase goods from Direct Customers:
(a) the Website may enable You to view the list of available Products in Your area along with the list of Direct Customers whom You can contact. Thereafter, You can make enquiry with respect to the Products vis-à-vis the availability of the required quantity. of such Products through the ordering cart available on the Website. Subsequently.one email will be sent to the concerned Direct Customer that such an enquiry has been made and parallelly, a second mail will be sent to the Indirect Customer confirming that enquiry with respect to the Product has been made. You may place an order for the purchase of Products with such Direct Customers. In some cases, You may be required to have an existing account with the Direct Customer to place an order.
(b) You will be able to add certain Products to Your cart and make an offer for the purchase of Products from the concerned Direct Customer, over email or phone.
(c) You acknowledge and agree that a Direct Customer may accept or reject any offer made by You to purchase Products under this Clause in his/her/its discretion and that if such offer is accepted, that the terms of sale and purchase of the Products, including without limitation, the price of the Products, delivery terms and manner of payment and making refunds will be in accordance with Your existing independent contractual agreement with the Direct Customer (or the in absence of such agreement, the Direct Customer’s standard terms of sale or such other terms as the Direct Customer may reasonably notify). In no circumstances will MSDAH have any liability or responsibility whatsoever with respect to any order placed by You with the Direct Customer.
11. Products available for purchase on the Website
11.1 The images of the Products on Our Website are for illustrative purposes only. Although We have made every effort to display the colours accurately, we cannot guarantee that Your computer’s display of the colours accurately reflects the colour of the Products. The colour of the Products may vary slightly from the images on the Website.
11.2 The packaging of the Products that You purchase may vary from that shown in images on Our Website.
11.3 We reserve the right to amend the Products listed on the Website from time to time at Our discretion.
12. Use of Materials
12.1 Except as expressly indicated to the contrary in any applicable additional terms, MSDAH hereby grants You a personal, non-exclusive, freely revocable (upon notice from MSDAH), non-transferable access to view, copy, download and print Product catalogues, any part of this Website or any other materials available on the Website (“Materials”), subject to the following conditions:
You may access and use the Materials solely for personal, informational, and internal purposes, in accordance with these Terms of Use; You may not modify or alter Product catalogues or any other materials available on the Website;
(a) You may access and use the Materials solely for personal, informational, and internal purposes, in accordance with these Terms of Use; You may not modify or alter Product catalogues or any other materials available on the Website;
(b) You may not distribute or sell, rent, lease, license or otherwise make the Product catalogues or any other materials available on the Website available to others; and
(c) You may not remove any text, copyright or other proprietary notices contained in the Product catalogues or any other materials available on the Website.
12.2 If You print, copy or download Product catalogues or any part of this Website in breach of these Terms of Use, Your right to use this Website will cease immediately and You must, at Our option, return or destroy any copies of the Materials You have made.
12.3 The limited rights granted to You in the Product catalogues, or any other materials as specified above do not confer upon You any rights to the design, layout or look and feel of the Website. Such elements of the Website are protected by intellectual property rights and may not be copied or imitated in whole or in part. The Product catalogues or any other materials available on the Website shall not be copied or retransmitted unless expressly permitted by MSDAH.
13. User Obligations
13.1 Subject to compliance with these Terms of Use, MSDAH grants You a personal, non-exclusive, non-transferable, limited privilege to access and use this Website and the Services provided herein.
You agree to use the Services, Website and the materials provided therein only for purposes that are permitted by: (a) these Terms of Use; (b) MSD Animal Health’s terms and conditions of sale available at https://www.shop.msd-animal-health.co.in/ ; (c) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
13.2 You agree to adhere to all limitations on dissemination, use and reproduction of any Materials (such as the Product catalogues) that You access on the Website in accordance with Clause 12 above.
13.3 You agree not to access (or attempt to access) the Website and the Materials or Services by any means other than through the interface that is provided by MSDAH. You shall not use any automated means such as data scraper, deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process to access the Website, the Information, or Services for any purpose. You shall not use any automated device to access, acquire, copy or monitor any portion of the Website or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Website, Materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.
13.4 You undertake not to:
(a) Engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);
(b) Attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any MSDAH’s server, or to any of the Services offered on or through the Website, by hacking, password mining or any other illegitimate means;
(c) Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of the Website , including any Account not owned by You, to its source, or exploit the Website or Services or information made available or offered by or through the Website, in any way 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 Website;
(d) Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked websites;
(e) Collect or store data about other Users in connection with the prohibited conduct and activities set forth in this Clause;
(f) Use any device or software to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website;
(g) Use the Website or Materials or Content (as defined below) for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of MSDAH or other third parties;
(h) Violate any applicable laws or regulations for the time being in force within India; and
(i) Violate the Terms of Use, including but not limited to any applicable additional Terms of the Website contained herein or elsewhere and MSD Animal Health’s terms and conditions of sale available at https://www.shop.msd-animal-health.co.in/ .
14. Service Access
141. MSDAH reserves the right to withdraw or amend the service provided on this Website without notice.
14.2 We will use reasonable endeavours to ensure that the availability of the Website and all functions on the Website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet, this cannot be guaranteed. Also, Your access to the Website may occasionally be suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction. If at any time you are unable to access the Website, please contact MSD Animal Health’s customer service, details of which are available at https://www.shop.msd-animal-health.co.in/ .
15. Limitation of Liability
15.1 MSDAH will not be responsible for (i) any loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure, or (ii) any remote, indirect or consequential losses that were not foreseeable to both You and Us when You commenced using the Website including, but not limited to the loss that You may incur as a consequence of unauthorized use of Your Account or Account Details in connection with the Website or any Services, either with or without Your knowledge.
15.2 MSDAH will not be held responsible for any delay or failure to comply with Our obligations under these Terms of Use if the delay or failure arises from any cause which is beyond Our reasonable control. In respect of any Products sold to Direct Customers via the Website, this condition does not affect Your legal right to have the Products sent to You within a reasonable time or to receive a refund, if Products ordered cannot be supplied within a reasonable time owing to a cause beyond Our reasonable control.
15.3 The Website is provided on an “as is” basis and without warranty of any kind express, implied, statutory or otherwise, and use of this Website is at the risk of the User and MSDAH accepts no liability for damage to or any computer viruses, malicious software, harmful data or any other material which is technologically harmful infecting the User’s computer equipment on account of Your access to, use of or browsing of the Website or Your downloading of any Materials, data, text, images, video or audio from the Website.
15.4 MSDAH accepts no responsibility or liability whatsoever for any interruption or discontinuance of any or all functionalities of the Website, irrespective of whether this is the result of actions or omissions of MSD Animal Health or any of its affiliates or any third party.
15.5 The total aggregate liability of MSDAH towards Direct Customers arising out of or in connection with these Terms of Use for any and all claims, whether in contract, tort (including negligence) or otherwise, shall in no circumstances exceed the value of the relevant order placed by Direct Customers with Us. As regards the aggregate liability of Direct Customers towards the Indirect Customers is concerned, the same will be governed by the contractual agreement between such Direct Customers and Indirect Customers.
16. Disclaimer of Warranties and Representations
16. 1 MSDAH has endeavoured to ensure that all the information on the Website is correct, but MSDAH neither warrants nor makes any representations regarding the quality, accuracy or authenticity of any data, information, Product or Services on the Website.
16.2 MSDAH is not responsible for the delayed performance, non-performance or breach of contract entered into between Indirect Customers and Direct Customers for purchase and sale of Products.
16.3 MSDAH is not responsible for the Products and Services which are out of stock, back ordered or otherwise unavailable, but were shown as available on the Website at the time of placement of order by You.
16.4 MSDAH shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the Website that may occur due to technical reasons or for any reason beyond MSDAH’s control.
17. Privacy
Please refer to Our privacy policy available on this Website to understand how MSDAH deals with Your personal information.
18. Links to and from other Websites
18.1 This Website may contain links to websites of MSDAH’s Affiliates and other off-site pages and other websites not owned by MSDAH. MSDAH assumes no responsibility for the content of such off-site pages and other websites to which links are provided on this Website. These off-site pages and other websites are governed by their own terms of use.
18.2 Responsibility for access to off-site pages and or other websites rests solely with You. By making use of any such off-site pages and other websites, You understand that the legal statement and privacy policy of pages or websites will apply, which may be different from those of MSDAH.
18.3 If You link to this Website, You must ensure that You do so in a way that is fair and legal and complies with applicable regulatory rules and guidelines and that does not damage MSDAH or its Affiliate’s reputation or take advantage of it. You must not establish a link in such a way so as to suggest any form of association, approval or endorsement by MSD Animal Health or its Affiliates where none exists. This Website must not be framed on any other website, nor may You create a link to any part of this Website other than the home page. Any link to this Website must be deleted immediately if requested by MSDAH.
19. Intellectual Property
19.1 The Website, all material on this Website, the processes including but not limited to all text, graphics, user interfaces, visual interfaces and computer code (collectively, the “Content“) on the Website is owned and controlled by MSDAH and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright and patent laws, and various other intellectual property rights or We have been granted permission to use the Content, except where expressly stated otherwise. Reproduction of part or all of the Content in any form is prohibited other than in accordance with these Terms of Use.
19.2 Should You provide information including feedback or data such as questions, comments, suggestions or the like regarding the Content of this Website, such information shall be deemed to be non-confidential and MSDAH shall have no obligation of any kind with respect to such information and We shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing Our Products incorporating such information.
20. Governing Law
These Terms of Use, and any dispute or claim arising out of or in connection with them or its subject matter or formation (including non-contractual disputes or claims) and all transactions entered into on this Website or the relationship between You and MSDAH, shall be governed by, and construed in accordance with the laws of India without reference to conflict of laws principles.
21. Dispute Resolution and Jurisdiction
You irrevocably agree that the courts at Pune, India shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with or in relation to these Terms of Use or its subject matter or formation (including non-contractual disputes or claims) or any transactions entered into on this Website or the relationship between You and MSDAH . You hereby accede to and accept the jurisdiction of such courts in the event that good faith negotiations aimed at resolving such disputes or claims prove unsuccessful.
22. Indemnity
22.1 You agree to indemnify and hold MSDAH, its Affiliates and their respective representatives, directors, agents and employees harmless from and against any and all losses, damages, demands, costs and expenses asserted against or incurred by MSDAH that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms of Use including any claim brought by a Direct Customer for a breach of contract between an Indirect Customer and Direct Customer in respect of an order placed with the Direct Customer using this Website.
22.2 Further, You agree to hold MSDAH, its Affiliates and their respective representatives, directors, agents and employees harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Website Your violation of the Terms, or Your violation of any rights of another, including any intellectual property rights.
23. Changes to these Terms of Use
23.1 MSDAH may update these Terms of Use periodically. MSDAH reserves the right to modify, add or remove clauses of these Terms of Use from time to time, at its discretion or in terms of Clause 27 below.
23.2 If and when We decide to change these Terms of Use, We will post the amended Terms of Use on the Website. You are requested to regularly visit the Website to view the current version of the Terms of Use. You can determine when MSDAH last modified any part of the Terms of Use by referring to the “Last Updated” legend provided on the Website.
23.3 In some cases, We may provide notice of the change in the Terms of Use by e-mail to registered Users.
23.4 MSDAH may require You to provide Your direct or indirect consent to any change in a specified manner before further use of the Website. If no such separate consent is sought, Your continued use of the Website, following such changes, will constitute Your acceptance of those changes.
24. Assignment
You shall not, without MSDAH’s prior written consent, assign or transfer or purport to assign or transfer, any of Your rights or obligations under these Terms of Use or the benefit thereof to any other person. MSDAH’s rights and/or obligations under these Terms of Use are freely transferable by MSDAH to any third parties without the requirement of seeking Your consent.
25. Termination
25.1 MSDAH reserves the right to suspend or terminate Your use of this Website for any reason at any time without notice.
25.2 Termination of Your Account may include: (i) removal of access to the Website or the Services; (ii) disabling access to the Account Details, including Your personal information, log-in ID and password, and all related information associated with or Your Account (or any part thereof); and (iii) prohibiting further use of Services.
25.3 You agree that all terminations shall be made in MSD Animal Health’s sole discretion and that MSDAH shall not be liable to You for termination of Your Account (and accompanying deletion of Your Account Details), or of Your access to the Website and Services.
26. Notice
All notices with respect to these Terms of Use by MSDAH will be served to You by email or by general notification on the Website. Any notice provided to MSDAH pursuant to these Terms of Use should be sent to InfoIN-India@merck.com .
27. Severability
If, for any reason, a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect and MSDAH may amend in a reasonable manner such provision to make it enforceable and such amendment will be given effect in accordance with Clause 23 of these Terms of Use.
28. Waiver
Any failure by MSDAH to enforce or exercise any provision of the Terms of Use, or any related right, shall not constitute a waiver by MSDAH of that provision or right.
29. Force Majeure
If performance of any Service or obligation under these Terms of Use or other agreement by MSD Animal Health, or other third parties in fulfillment of any purchase of Products (for e.g. CFAs, transporters etc.) is prevented, restricted, delayed or interfered with by reason of acts of God, labor disputes, shortages of Products, strikes, fire(including fire resulting from explosion), drought, floods, earthquake, epidemics, natural disasters or deaths or disabilities, landslides, lightening, whirlwind, exceptionally adverse weather conditions, lockdowns, famine and other epidemic quarantine, war, riots, embargoes, lockouts, industrial disputes, proclamation, regulation, ordinance, act of any government authority, accidents or disruption of operations, explosions or terrorist action, blockade, revolution, communication failures, civil commotion, emergency, acts of public enemies, proclamation, rebellion, insurrection or nuclear blast or any other act whatsoever, whether similar or dissimilar to those referred to in this Clause, which are beyond the reasonable control of MSD Animal Health or its third parties performing such services as engaged by MSDAH and could not have been prevented by reasonable precautions (each, a “Force Majeure Event“), then MSDAH shall be excused from such performance to the extent of and during the period of such Force Majeure Event.
30. Third Party Rights
Other than any Affiliate of MSDAH, a person who is not a party to these Terms of Use cannot enforce any of the terms mentioned herein.
31. Entire Agreement
These Terms of Use available at https://www.shop.msd-animal-health.co.in/ and the MSD Animal Health’s terms and conditions of sale available at https://www.shop.msd-animal-health.co.in/ (where applicable) constitute the entire agreement based upon which You are allowed to access and use the Website and avail the Services. You confirm that, in agreeing to enter into these Terms of Use, You have not relied on any representation, warranty, collateral contract or other assurance (“Assurance”) except those set out in these Terms of Use and to the extent any other Assurance was otherwise made to You, You waive all rights and remedies with respect thereto.
If You have any questions about the Terms of Use, write to InfoIN-India@merck.com .
Last updated on 08 May, 2023.
REPORT ABUSE AND TAKEDOWN POLICY
1. Introduction
1.1 Intervet India Private Limited (“Intervet” or “We”) is a company incorporated under the Companies Act,1956 and having its registered office at 6th Floor, Tower 5, World Trade Center, Survey No. 1 Khardi, Pune-411014.
1.2 Intervet owns, operates and manages a website https://www.shop.msd-animal-health.co.in/(“Website”) which is accessed by the users (“User” or “You”) either to (a) purchase licensed and non-licensed pharmaceutical products for animals (“Product”) or (b) view the contents of the Website.
1.3 The present Report Abuse and Takedown policy (“Report Abuse and Takedown Policy”) outlines the procedures and policies to be followed for (a) reporting Intellectual Property Rights infringement including patents and copyright and (b) reviewing a claim with respect to objectionable content or false information on the Website and thereafter, taking down such content or information on perusal of the claim.
2. REPORT ABUSE AND TAKEDOWN
2.1 The Website should be safe for everyone, so We take abuse and harassment seriously. We want to hear about harmful behaviour on the Website that violates Intervet’s terms of use available at https://www.shop.msd-animal-health.co.in/
2.2 If the User believes any material accessible on the Website infringes the User’s rights, then the User shall let Intervet know about the content or information the User is concerned about. Rest assured, Intervet will keep the User’s personal information shared private.
2.3 Report violation of User’s Intellectual Property Rights
2.3.1 We are committed to ensuring that information relating to each and every person or entity’s intellectual property rights including but not limited to a right in patents, copyright and trademark (“Intellectual Property Rights”) are protected.
2.3.2 In a circumstance, wherein the User believes that such User’s Intellectual Property Rights have been disregarded in any manner as a result of any material, information and other details with respect to Products provided on the Website, please write an e-mail to Intervet at InfoIN-India@merck.com with the subject ‘Notice of infringement of Intellectual Property Rights (“IP Infringement Notice”) describing how the User’s Intellectual Property Rights have been violated. Intervet will review the IP infringement Notice and take the necessary action with utmost seriousness.
2.3.3 In order to send a notice for infringement of Intellectual Property Rights, the User shall accept the following conditions:
(a) That the statements made by User in the IP Infringement Notice are true; and
(b) That Intervet reserves the right to share the IP Infringement Notice with its legal advisors.
2.3.4 The User shall provide the following details in the IP Infringement Notice:
(a) Details such as (i) name of the User, (ii) email address, (iii) phone number and (iv) postal address;
(b) Relevant details of the intellectual property that is claimed to have been infringed (for example: an image, text, video, etc.);
(c) Exact URL where the material which is said to be infringing the User’s Intellectual Property Rights can be found;
(d) Description of the nature of infringement of the User’s Intellectual Property Rights; and
(e) Statement which asserts that the use of the intellectual property identified in the IP Infringement Notice is not authorised (i) by the rightful owner of such intellectual property, (ii) by the agent of such owner or (iii) under any applicable law in good faith.
2.3.5 On receiving IP Infringement Notice, Intervet will undertake a thorough assessment of the claims made in the IP Infringement Notice. After the assessment, Intervet shall take suitable action in line with Intervet’s policies and applicable law which includes taking down from the Website, material which the User believes to be infringing the User’s Intellectual Property Rights.
2.4 Report violation of Intervet’s Policy or any other Law
2.4.1 The User shall file a complaint by sending an e-mail to Intervet at InfoIN-India@merck.com with the subject ‘Notice with respect to objectionable content on Website’ (“Objectionable Content Notice”) in cases wherein the User is of the opinion that the content or information published on the Website is in violation of Intervet’s policy available at https://www.shop.msd-animal-health.co.in/ or any other applicable law in any manner. We will review Objectionable Content Notice with utmost seriousness and take necessary action at the earliest.
2.4.2 The User shall accept the following conditions while sending the Objectionable Content Notice to Intervet:
(a) That the statements made by the User in Objectionable Content Notice are true; and
(b) That Intervet reserves the right to share Objectionable Content Notice with its legal advisors.
2.4.3 The User shall provide the following details in the Objectionable Content Notice:
(a) Details such as (i) name of the User, (ii) email address, (iii) phone number and (iv) postal address;
(b) Nature of the content, information or images that the User finds objectionable (such as whether the content or information found objectionable is a Product being sold on the Website or a Product description) and shall enclose the relevant screenshots and extracts;
(c) Exact URL where the objectionable content or information exists;
(d) Appropriate reasoning as to why the particular content or information is claimed to be objectionable; and
(e) Remedies that the User is seeking by way of the Objectionable Content Notice.
2.4.4 On receiving Objectionable Content Notice, Intervet shall undertake a thorough assessment of the claims made in the Objectionable Content Notice. After assessment, Intervet shall take suitable action in line with Intervet’s policies and applicable law which includes taking down from the Website, content or information found objectionable by the User.
2.4.5 The complaint with respect to existence of objectionable content or information on the Website can be filled by the following persons:
(a) A User who is aggrieved by the objectionable content or information published on the Website; or
(b) Authorised legal heir, agent or attorney of the User.
2.4.6 Nature of complaint made via the Objectionable Content Notice:
The Objectionable Content Notice can be categorized based on the nature of complaint sought to be made by the User. The complaints in the form of Objectionable Content Notice, broadly, can be made for the following categories:
Sl. No. | Nature of complaint | Description |
1. | Invasion of Privacy | Any content containing or information relating to sensitive personal information of the User. |
2. | Defamation | Any content contains any information which is (a) false and/or (b) harms the reputation or image of the aggrieved User. |
3. | False and/or misleading information | Any content or information published on the Website is false or misleading. |
4. | Obscene or scandalous content | Any content or information contains any image, text, video, audio or any other representation which is obscene, scandalous, repulsive, indecent, lewd, immoral or offensive to modesty and is likely to deprave or corrupt the mind of the User. |
Last updated on 08 May, 2023.