BY ACCESSING THIS PLATFORM IN ANY WAY, INCLUDING, WITHOUT LIMITATION, BROWSING THIS PLATFORM, USING ANY INFORMATION, AND/OR SUBMITTING INFORMATION TO DR. REDDY’S, YOU AGREE TO AND ARE BOUND BY THE TERMS, CONDITIONS, POLICIES AND NOTICES CONTAINED ON THIS PAGE, INCLUDING, BUT NOT LIMITED TO, DISCLAIMERS OF WARRANTIES, DAMAGE AND REMEDY EXCLUSIONS AND LIMITATIONS, BINDING ARBITRATION, AND A CHOICE OF LAW.
ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE IN SECTION 9 EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND DR. REDDY’S AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND DR. REDDY’S WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
NO MEDICAL ADVICE: THE INFORMATION DISPLAYED ON THE PLATFORM IS NOT INTENDED FOR USE IN THE DIAGNOSIS OF DISEASE OR OTHER CONDITIONS, OR IN THE CURE, MITIGATION, TREATMENT, OR PREVENTION OF ANY DISEASE, OR INTENDED TO AFFECT THE STRUCTURE OR ANY FUNCTION OF ANY PERSON.
THE PLATFORM MAY CONTAIN GENERAL INFORMATION OR CONTENT RELATED TO MEDICAL CONDITIONS, TREATMENT, AND OTHER HEALTH CARE TOPICS. ANY SUCH INFORMATION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT AND SHOULD NOT BE INTERPRETED AS MEDICAL ADVICE OR AS A SUBSTITUTE FOR CONSULTATION WITH A PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROFESSIONAL. YOU SHOULD ALWAYS CONSULT WITH A DOCTOR OR OTHER HEALTH CARE PROFESSIONAL FOR MEDICAL ADVICE OR INFORMATION ABOUT DIAGNOSIS AND TREATMENT. RELIANCE ON THE PLATFORM IS SOLELY AT YOUR OWN RISK.
From time to time we may update the Platform and these Terms. Your use of the Platform after we post any changes to these Terms constitutes your agreement to those changes. You agree to review these Terms periodically to ensure that you are familiar with the most recent version. In addition, when using particular services made available through the Platform, your transactions or services may be subject to additional terms and conditions applicable to such services which may be posted on the Platform from time to time.
Dr. Reddy’s may, in its sole discretion, and at any time, discontinue the Platform or any part thereof, with or without notice, or may prevent your use of the Platform with or without notice to you. You agree that you do not have any rights in the Platform and that Dr. Reddy’s will have no liability to you if the Platform is discontinued or your ability to access the Platform is terminated. All restrictions, rights granted by you, and all disclaimers and limitations of liability will survive any termination.
- Reddy’s Content
Content on the Platform that is provided by Dr. Reddy’s or its licensors, including all materials that are included in or are otherwise a part of the Platform (including past, present and future versions of the Platform), including, without limitation: graphics; layout; text; instructions; photographs, images; audio; videos; designs; trademarks, trade dress, logos, product names or packaging, and slogans; any and all copyrightable material (including source and object code), digitally downloadable files, and the compilation of all of the foregoing (“Dr. Reddy’s Content”) is the property of Dr. Reddy’s and its licensors, and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws.
You agree not to download, display or use any Dr. Reddy’s Content for use (a) in any publications, (b) in public performances, (c) on websites other than this Platform for any other commercial purpose, (d) in connection with products or services that are not those of Dr. Reddy’s, and/or (e) in any other manner that is likely to cause confusion among consumers, that dilutes the strength of Dr. Reddy's or its licensor’s intellectual property, or that otherwise infringes Dr. Reddy’s or its licensors’ intellectual property rights. You further agree to in no other way misuse any Dr. Reddy’s Content or third party content that appears on the Platform.
- Informational Purposes Only
Dr. Reddy’s Content is being provided to you for informational purposes only. Importantly, Dr. Reddy’s Content does not constitute advice of any kind, including medical or professional advice, and should not be construed as such.
Any action you take based on the Dr. Reddy’s Content or any other content made available via the Platform (collectively with the Dr. Reddy’s Content, the “Content”) is at your own risk. Dr. Reddy’s and its representatives shall not be held liable for any damages or losses arising from your reliance on the Content.
- Your Use of the Platform
You may not, without Dr. Reddy’s prior written consent, cause or permit the: (a) use, copying, modification, rental, lease, sublicense, transfer, or other commercial exploitation of, or other third party access to, any element of the Platform, except to the extent expressly permitted by these Terms; (b) creation of any modifications or derivative works of the Platform; (c) reverse engineering of the Platform; (d) gaining of unauthorized access to the Platform or its related systems or networks; (e) interference with or disruption of the integrity or performance of the Platform or the data contained therein; (f) unlawful or criminal use of the Platform or any other conduct that would give rise to civil or criminal liability; (g) collection of information about other users of the Platform for any purpose; (h) impersonation of any person or entity or other misrepresentation of who you are, your age, or your affiliation with any person or entity; (i) use of the Platform for any purpose that is otherwise prohibited by these Terms.
- DMCA Notice and Procedure for Copyright Infringement Claims
If you are a copyright owner and you believe that your copyright rights have been violated, please send us a notification, under the Digital Millennium Copyright Act (“DMCA”), by email to firstname.lastname@example.org with the statement “DMCA Rights” in the subject field. Please include the following, as required by the DMCA:
- Identify the copyrighted work(s) you claim is infringed.
- Identify the material you claim is infringing the copyright(s), and provide enough information for us to reasonably locate that material.
- Include a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf (the “Claimant”).
- Include the Claimant's name, address, and telephone number(s), and email address if available.
- Include a statement that the Claimant has a good faith belief that use of the disputed material is not authorized by the copyright owner or their agent or law.
- Include a statement, under penalty of perjury, that the information in the notification of copyright infringement is accurate and that the Claimant is authorized to act on behalf of the copyright owner.
When we receive an infringement notice with all the required information in accordance with the foregoing and are able to locate the allegedly infringing material, we will remove or disable access to the subject material. We also will take reasonable steps to promptly notify the person who posted the subject material. We will give them the opportunity to send a counter-notification. A counter-notification must include the following, to be effective under the DMCA:
- A physical or electronic signature of the person submitting the counter-notification;
- Identification of the material that was removed or to which access was disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that the material was removed or disabled due to mistake or misidentification of the material removed or disabled;
- The name, address, email address and telephone number of the person submitting the counter-notification;
- A statement that the person submitting the counter-notification consents to the jurisdiction of the Federal District Court for his judicial district, or if the person is outside the United States, for any judicial district in which Dr. Reddy’s may be found, and that the person will accept service of process from the person who submitted the DMCA claim or his agent.
- User Accounts/Registrations
Certain services made available through the Platform may require you to create an account. If the Platform or any service requires you to create an account or otherwise submit information, you must complete the specified process by providing us with current, complete, and accurate information as requested by the applicable registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data, and any loss caused by your failure to do so is your responsibility. During the registration process, you may be asked to enter your name and valid e-mail address and choose a sufficiently strong password. It is your responsibility to select a secure password, and to maintain the confidentiality of your password and account. Additionally, you are entirely responsible for any and all activities that occur under your account. You agree to notify Us immediately of any unauthorized use of your account. You further agree not to email, post, or otherwise disseminate any user ID, password, or other information which provides you access to the Platform or any service. Dr. Reddy’s is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. If you suspect your login credentials have been compromised, please notify us immediately. Dr. Reddy’s is not responsible for any delay in shutting down your account after you have reported a breach of security to us.
- Suspension, Termination, Cancellation
Dr. Reddy’s reserves the right, at any time, in Our sole and exclusive discretion, to amend, modify, suspend, or terminate the Platform, or any part thereof, and/or your use of or access to it, with or without notice. Dr. Reddy’s shall have no liability to you or any other person or entity for any modification, suspension, or termination, or any loss of related information.
Dr. Reddy’s may also, at its option and in its sole discretion and with or without notice: (a) suspend, restrict, or terminate your access to any or all of the Platform, and/or (b) deactivate or cancel your user account, if: (i) we are so required by a facially valid subpoena, court order or binding order of any government authority; (ii) we reasonably suspect you of using the Platform in connection with any use prohibited by these Terms; (iii) your use of the Platform is subject to any pending litigation, investigation, or government proceeding and/or we, in our sole discretion, perceive a heightened risk of legal or regulatory non-compliance associated with your activity; (iv) any of our service partners are unable to support your use thereof; (v) you take any action that We deem in our sole discretion as circumventing Our controls; (vi) we stop offering all or part of the Platform or services offered through the Platform; or (vii) you breach these Terms.
- Representations, Limitations of Liability and Indemnity
Dr. Reddy’s makes no representations about the reliability of the features of the Platform, Content or any other Platform feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material or systems or use of the Platform will be at your own risk. Dr. Reddy’s makes no representations regarding the amount of time that any Content will be preserved. Dr. Reddy’s makes no representation or warranties that any material, images, applications or files obtained from or through the Platform are free from computer viruses or other faults or defects. It is your responsibility to take customary precautions against computer viruses and/or concerning inaccuracies, typographical errors or other defects on the Platform or applications or material available on or through the Platform. You agree to use the Platform at your own risk.
THIS PLATFORM IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS PLATFORM OR ANY INFORMATION OR SOFTWARE THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL DR. REDDY’S, OR COMPANY ENTITIES (AS HEREAFTER DEFINED) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (COLLECTIVELY, “DAMAGES”) THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS PLATFORM, NOR SHALL DR. REDDY’S OR COMPANY ENTITIES BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND DR REDDY’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THE PLATFORM’S RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES WILL DR. REDDY’S OR COMPANY ENTITIES BE LIABLE FOR ANY DAMAGES OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE PLATFORM, EVEN IF DR. REDDY’S HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATIONS OR EXCLUSIONS UNDER THIS PARAGRAPH MAY NOT APPLY TO YOU AND THE FOREGOING PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF DR. REDDY’S NEGLIGENT, FRAUDULENT, RECKLESS ACTS OR INTENTIONAL MISCONDUCT.
ANY PRODUCTS AND/OR SERVICES DESCRIBED ON THE PLATFORM ARE OFFERED IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED FOR SALE. THE INFORMATION ON THE SITE IS NOT AN OFFER OR SOLICITATION TO ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION.
You agree to indemnify and hold Dr. Reddy’s, its parents, subsidiaries, officers, employees, and contractors and each of their respective officers, employees and agents (collectively, “Company Entities”) harmless from and against any damages and expenses, including reasonable attorneys’ fees and costs, related to your violation of these Terms, or any violations thereof by your dependents.
- Third Party Websites
- Binding Arbitration
You and Dr. Reddy’s agree to resolve any dispute or claim arising from or relating to your use of the Platform through confidential, final and binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect (the AAA Rules found here shall be deemed incorporated by reference into this section). Arbitration, including any threshold questions of arbitrability of the dispute, will be handled by a sole arbitrator in accordance with the AAA Rules, the seat of the arbitration will be in the State of New Jersey and the language of the arbitration shall be English. Judgment on the arbitration award may be entered in any court that has jurisdiction. Your responsibility to pay any filing, administrative, and arbitrator fees will be solely as set forth in AAA’s rules.
You may only bring claims in your individual capacity and on your own behalf, and no claims you bring may be joined or consolidated with any claims brought by any other party, without the written consent of all parties. You further understand that by agreeing to these Terms, you expressly waive your right to a jury trial, to participate in or bring class, collective, or mass action, private attorney general action, or any other proceeding brought against Dr. Reddy’s by someone else.
- Email and Text Communications
You may choose to receive promotional emails or text messages from us, such as news letters or product announcements. You may opt out of receiving promotional emails or text messages that you have previously opted-in to at any time by following the instructions to unsubscribe, as provided therein. If you opt out, you may still receive transactional messages from us, such as messages regarding the administration of your account.
- No Third-Party Rights
Unless expressly stated in these Terms to the contrary, nothing herein is intended to confer any rights or remedies on any persons other than you, Dr. Reddy’s, and our successors and assigns. Nothing in these Terms is intended to relieve or discharge the obligation or liability of any third persons to you and Dr. Reddy’s and our successors and assigns, nor shall any provision give any third parties any right of subrogation or action over against you, Dr. Reddy’s, and our successors and assigns.
- Additional Terms
Dr. Reddy’s engages in several marketing programs and offers a variety of services and interactive programs, such as email and text programs, promotions, collaborations, and other programs. In addition to the terms set forth in these Terms, the following additional terms and conditions apply with respect to the specific program indicated below:
Refer a friend (“Referral Program”): The following terms shall apply if you take part in the Referral Program:
- Eligibility: The Referral Program is open to all existing customers who are residents of the United States, age 18 or older.
- Referral Process: Existing customers can refer friends, family or acquaintances by clicking on the referral link available at https://www.premamawellness.com/pages/rewards. Referrals received outside of the specified channels may not be eligible for rewards.
- Rewards Criteria: A referrer is eligible for a one-time referral reward up to $10, if the referred individual becomes a customer by making at least one (1) successful purchase through the Platform for $ 35 or more. Rewards may vary from time to time, and can include discounts, credits, gift cards or other incentives.
- Referral Program Redemption: Referrers will receive their reward within thirty (30) days after the ‘Rewards Criteria’ is fulfilled.
- Referral Fraud: Any attempts to manipulate or engage in fraudulent activities, including creating multiple accounts or providing false information, may result in disqualification from the Referral Program. Dr. Reddy’s reserves the right to investigate and take appropriate action against any suspected fraudulent activities.
- Referral Program Changes: Reddy’s reserves the right to modify or terminate the referral program at any time without prior notice.
- Any changes to the Rewards Program terms and conditions will be updated in this section, from time to time.
- Dr. Reddy’s reserves the right to interpret and make final decisions on all matters related to the Referral Program, including eligibility, rewards, and any disputes.
Both you and Dr. Reddy’s acknowledge and agree that no partnership is formed and neither of you nor Dr. Reddy’s has the power or the authority to obligate or bind the other.
These Terms will be governed by and construed in accordance with the internal laws of the State of New Jersey without regard to conflicts of laws principles. By using this Platform, you hereby agree that any and all disputes regarding these Terms and/or the Platform not subject to the arbitration provision set forth above will be subject to the federal and state courts located in the State of New Jersey. YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS PLATFORM AND/OR THESE TERMS, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. These Terms operate to the fullest extent permissible by law. The United Nations Convention on Contracts for the International Sale of Goods (1980) is hereby excluded in its entirety from application to these Terms. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Platform or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government “watch list” of prohibited or restricted parties, including the Specially Designated Nationals list published by the Office of Foreign Assets Control of the U.S. Treasury or the Denied Persons List published by the U.S. Department of Commerce. You may not use or otherwise export or re-export the Application except as authorized by United States law and the laws of the jurisdiction in which the Application was obtained. In particular, but without limitation, the Platform may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. You also agree that you will not use the Application for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
The failure of Dr. Reddy’s to comply with these Terms because of an act of God, epidemic, outbreak, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of Dr. Reddy’s, shall not be deemed a breach of these Terms.
Dr. Reddy’s’ failure to exercise or enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision in that or any other instance. We may assign these Terms at any time without notice to you. You may not assign to anyone else and any attempt by you to assign shall be void. If you do not comply with these Terms, and we do not act right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).
These Terms constitute a binding agreement between you, your heirs, successors, affiliates, and representatives and Dr. Reddy’s, and are accepted by you upon your use of the Platform or your account. These Terms constitute the entire agreement between you and Dr. Reddy’s regarding the use of the Platform and your account. By using the Platform you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms.