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Pillmeister Terms of Use

‘Pillmeister.com’ is a product and an interactive app brought out by M/s. Aki Med Tech Private Limited, a company duly incorporated under the provisions of the Indian Companies Act, 2013 (hereinafter Pillmeister shall mean both the company and the product and service provided by the company) which offers elderly care solutions, with the purpose of improving the medication management of people. Pillmeister, is India’s first IoT based pill case for people to take their medicines on time. Pillmeister reminds, notifies and flags users and caregivers on medication so that medicines are taken on time every day. By using the product and services offered by Pillmeister, you agree to be bound by Pillmeister’s terms of use, irrespective of you being a ‘Member’- by way of registering with Pillmeister or a ‘Guest’- by simply browsing Pillmeister. You are authorised to use Pillmeister’s services only upon your acceptance of the terms of this Agreement.If you do not concur with the terms herein, you are requested to stop using Pillmeister and leave Pillmeister immediately. Pillmeister reserves the right to change or alter these terms of use at any time.

User Eligibility

Use of the Website/ App is available only to persons who are 18 years of age and above and can form legally binding contracts under Indian Contract Act, 1872. Pillmeister reserves the right to terminate your membership and / or refuse to provide You with access to the Website/ App if it is brought to Pillmeister’s notice or if it is discovered that You are under the age of 18 years.

The services of Pillmeister are intended for personal use only. No user shall use Pillmeister for commercial purposes. Any unauthorised use of Pillmeister, including use of any sort of member information for commercial use, unauthorised tracking of member usage patterns, use of email addresses of members to send unsolicited communication or unauthorised linkage to Pillmeister is strictly restricted.

Pillmeister IP

Pillmeister’s elderly care solution of its first IoT based pill case for people to take their medicines on time, including its reminders, notifications, alerts to users and caregivers of timely medication forms part of its intellectual property and is protected by applicable Indian and international intellectual property laws and any use of the same in any manner, either directly or indirectly, either in whole or part shall result in infringement of Pillmeister’s intellectual property. Pillmeister is the sole owner of its logo, trade name, trade dress, app and website. Pillmeister’s Intellectual Property includes and is not limited to the product, mark ‘Pillmeister’ ‘never miss a dose, medication on time’ and the layout of the website and app, style of icons and the content provided by the service.

All content on Pillmeister, such as text, graphics, logos, button icons, images, audio clips, video clips, digital downloads, data compilations, and software, is the property of Pillmeister or its content suppliers and protected by Indian and international copyright laws. The compilation of all content on this site is the exclusive property of Pillmeister and protected by Indian and international copyright laws. All software used on this site is the property of Pillmeister or its software suppliers and protected by Indian and international copyright laws.

Pillmeister, the Pillmeister logo and other marks indicated on the site and app are trademarks of Pillmeister. Other Pillmeister graphics, logos, page headers, button icons, scripts and service names are trademarks or trade dress of Pillmeister. Pillmeister’s trademarks and trade dress may not be used in connection with any product or service that is not Pillmeister’s, in any manner that is likely to cause confusion or deception of users, or in any manner that disparages or discredits Pillmeister. All other trademarks not owned by Pillmeister that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Pillmeister.

Links

Pillmeister contains links to sites. Pillmeister is not responsible for the privacy policies and/or practices on other sites. When linking to other sites, a user should read the privacy policy stated on that site. Our user agreement governs information collected only on Pillmeister.

Limitation of Liability

You understand and agree that you use the Website/ App and services at your own discretion and risk and that you will be solely responsible for any damages that arise from such use. Under no circumstances shall Pillmeister be liable for any direct, indirect, special, incidental, consequential or punitive damages of any kind, or any other damages whatsoever, including without limitation, damages related to use, misuse, reliance on, inability to use and interruption, suspension or termination of the site or services, damages incurred through any links provided on the site and the non-performance thereof and damages related to use, sales, data, goodwill or profits, whether or not Pillmeister has been advised of such possibility. Your only right with respect to any dissatisfaction with this site or services or with Pillmeister shall be to terminate use of this website, the app and services.

Pillmeister is not liable for any dose of medicine missed/ not taken by the user, upon use of its Pillbox, for any reasons whatsoever. You understand that it is the sole responsibility of the user of the Pillbox or the caregiver of the user of the Pillbox to ensure that the doses of medicines are taken on time and in the right dosage. Pillmeister only ensures sending of notifications/ alerts upon opening of the product Pillbox or sending of notifications/ alerts upon failure to open the product Pillbox and this does not guarantee that the medicine in the Pillbox has been duly administered to or taken by the user.

You expressly understand and agree that, to the maximum extent permitted by applicable law the Website/App, product, services and other materials are provided by Pillmeister on an “as is” basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, Pillmeister makes no warranty that (i) the Website/App or the services will meet your requirements or your use of the Website /App or the services will be uninterrupted, timely, secure or error-free; (ii) the results that may be obtained from the use of the Website, services or materials will be effective, accurate or reliable; (iii) the quality of the Website, services or other materials will meet your expectations; or that (iv) any errors or defects in the Website, services or other materials will be corrected. No advice or information, whether oral or written, obtained by you from Pillmeister or through or from use of the services shall create any warranty not expressly stated in the Terms.

To the maximum extent permitted by applicable law, Pillmeister will have no liability related to user content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. Pillmeister also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user content.

Pillmeister will not be liable for any loss that You may incur as a consequence of unauthorized use of the Product or services rendered. Pillmeister has endeavoured to ensure that all the information on the Website/App is correct, but Pillmeister neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or service. Pillmeister shall not be responsible for the delay or inability to use the Website / App or related functionalities, the provision of or failure to provide functionalities, or for any information, software, products, functionalities and related graphics obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, negligence, strict liability or otherwise. Further, Pillmeister 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 Pillmeister's control. The User understands and agrees that any material or data downloaded or otherwise obtained through the Website, is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material or data. You expressly agree that Your use of the Website/App is at Your risk.

Indemnification

You agree to indemnify, defend and hold harmless Pillmeister including but not limited to its affiliates, vendors, representatives, directors, agents and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Pillmeister 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. Further, You agree to hold Pillmeister harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Website/App, product or services, Your violation of the Terms, or Your violation of any rights of another, including any intellectual property rights. Notwithstanding anything to contrary, Pillmeister's entire liability to You under this Terms or otherwise shall be to the extent of refund of the money charged from You for the Product or service, under which the unlikely liability arises. In no event shall Pillmeister, its officers, directors, employees, partners or suppliers be liable to You, or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not Pillmeister has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the Website/App, services or materials.

Dispute Resolution and Governing Law

In the event of any dispute or difference arising between the Parties hereto in regard to any matter relating to or connected with this Agreement, the same shall be referred to Arbitration by a sole arbitrator who is appointed by Pillmeister, in accordance with the Arbitration and Conciliation Act, 1996 and the decision of the Arbitrator shall be final and binding on both the Parties. The venue for Arbitration shall be Bangalore and the Courts at Bangalore shall have exclusive jurisdiction in regard to this Agreement where permissible under the Arbitration & Conciliation Act, 1996.

Binding Nature

This Agreement shall constitute the entire Agreement between the Parties hereto and shall be binding on the parties. For the purpose of these Terms, wherever the context so requires “You”, “Your” or “User” shall mean any natural or legal person who accesses, uses or subscribes to our Website/App, agrees to become a buyer on the Website/App or avails or offers to avail any of our services.

Use of the Website/App is offered to You, subject to acceptance of all the terms, conditions and notices contained in these Terms including applicable policies which are incorporated herein by reference, along with any amendments / modifications made time to time by Pillmeister at its sole discretion and posted on the Website/App, including by way of imposing an additional charge for access to or use of a service(s).

The Pillmeister reserves the right to change or modify these Terms or any policy or guideline of the Website/App including the Privacy Policy, at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions on the Website/App and You waive any right You may have to receive specific notice of such changes or modifications, provided however that, We will inform You of such changes within such timelines as may be specified under the applicable laws. Your continued use of the Website/App will confirm Your acceptance of such changes or modifications; therefore, You should frequently review these Terms and applicable policies to understand the terms and conditions that apply to Your use of the Website/App.

By (i) using this Website/App or any facility or service provided by this Website/App in any way; or (ii) merely by browsing the Website/App, You agree that You have read, understood and agreed to be bound, including without limitation, by these Terms, the Website’s and App’s Privacy Policy and such other rules, guidelines, policies, terms and conditions as are relevant under the applicable law(s) in India and other jurisdictions, for the purposes of accessing, browsing or transacting on the Website/App, or availing any of the Services, and such rules, guidelines, policies, terms and conditions shall be deemed to be incorporated into, and considered as part and parcel of these Terms.

Our Website/App is operated, and services are provided in compliance with the laws in India and Pillmeister shall not be liable to deliver any Products or provide any Services purchased by You in locations outside India. If you access our services from locations outside India, you do so at your own risk and you are solely liable for compliance with applicable local laws.

You have read this agreement and agree to all of the provisions contained hereinabove.