Effective Date: 11th September 2000

DavaInfoTech.com provides internet-based transaction and available information services that allow interaction of registered members. These include manufacturers, C&F agents, stockists, chemists, hospitals, doctors and other participants in the Indian Pharmaceutical and Healthcare industry.
DavaInfoTech.com is owned by DavaInfoTech India Pvt. Ltd. For ease of purpose
"DavaInfoTech.com" has been used. For all legal purposes DavaInfoTech.com means DavaInfoTech India Pvt. Ltd. This site enables registered members to buy and sell available pharmaceutical products and gain access to relevant industry information and services using the site. Members can access all the content available on the Site. Through the Site, members can offer pharmaceutical products for sale or services , search avail products or services, post or search inquiries, engage in negotiations and close transactions with other members. Members can be both buyers and sellers.
If a member offers products or services for sale or responds to an inquiry, the member is considered a "Seller." If a member responds to an offered product or service, or posts an inquiry for the purchase of products or services, the member is considered a "Buyer."

All specifications and descriptions quoted herein are representations of those who list their offers. DavaInfoTech.com accepts no responsibility for any misleading facts, opinions, errors or omissions. All the drugs, formulations, medical and other accessories for the pharmaceutical industry offered herein, are subject to prior sale or withdrawal by the owners.

This service is constantly upgraded to keep the information as current and accurate as possible. We make no warranty of any kind, implied or express, as to accuracy, completeness or appropriateness of information. Efforts will be made to correct errors if any, brought to our notice.

1. MEMBERSHIP AGREEMENT

All members will be subject to the terms of the Membership Agreement between members and DavaInfoTech.com. You, as a member, unconditionally agree to abide by the transaction rules as a condition precedent to your use of the Site.

This Membership Agreement describes the Terms and Conditions applicable to your use of the Site. Please print a copy of these Terms and Conditions for your records. If you do not accept these Terms and Conditions or have questions concerning these Terms and Conditions, please contact us at www.DavaInfoTech.com

DavaInfoTech.com may amend, alter, delete and/or vary the Terms and Conditions at any time on the site without assigning any reason or giving any notice of such amendments to the members. The effective date of any such amendment will be the date on which the amended Terms and Conditions are posted on the site. In addition, DavaInfoTech.com may e-mail all Members a notice of the amended Terms and Conditions. For the sake of clarity it is specified that the amendments alternatives, deletions, and/or variations in the terms and conditions shall be binding on the member even if the email is not sent to the member. Without limiting the generality or effect of the foregoing, we may also add, delete or modify some or all of our services at any time in our sole discretion.

To become a Member, you must register using the site registration process.

Eligibility for Membership

 

The Site is available to all qualified participants in the Indian pharmaceutical industry who are capable of forming legally binding contracts under applicable law. Notwithstanding anything to the contrary contained in this Agreement, we may refuse to accept an application for membership and/or limit a Member's use of the Site at any time in our sole discretion.

Terms and Conditions Between Members

 

This Agreement, and the Transaction Fee Schedule( located at www.DavaInfoTech.com) governs your use of the Site. However, the specific terms and conditions of a Member's purchase or sale of products or services (such as pricing, warranties from Sellers, delivery, etc.) through the Site are established between Buyer and Seller, subject to compliance with the Transaction Rules. Each Buyer or Seller with whom you do business on the Site has the option to add his or her own terms and conditions within the designated area on the "Commercial Terms" section of the Site.

Although Sellers will post products or services to the Site and Buyers will post inquiries to the Site, DavaInfoTech.com is merely a venue for Buyers and Sellers to agree upon the terms of transactions. DavaInfoTech.com does not set or endorse the price, contract terms, quality, safety, delivery schedule, conformance or legality of the products and services advertised or offered for sale, the ability of Sellers to sell products or services or the ability of Buyers to buy products or services. We cannot and do not control whether Sellers will complete the sale of products or services they offer. We are not responsible with respect to payment or collection for orders made and bids placed on the Site.

Sellers determine, in their sole discretion, which Buyers are authorised to do business with them, which Buyers can view their products and services and which Buyers may bid on or place orders for their products and services.

TRANSACTION RULES

1. General

1. Only Members may sell or purchase products and services through the site.
   
   
2. You must keep your User Name, Password and Trading Password confidential at all times. DavaInfoTech.com shall not be responsible in any manner whatsoever in case of any misuse of the username, password by any other person other than the member.
   
   
3. k. A "Transaction" is created within the site when a seller member accepts an Order from a registered Buyer.
   
   
4. A transaction is binding on both parties under the terms contained within the order confirmation and may not be unilaterally altered by any party.
   
   
5. All Transactions on the Site are confidential among the Buyer, Seller and DavaInfoTech.com
   
   
6. Buyers and Sellers shall solely determine which information, offers or inquiries to make available to which members based on their own criteria and discretion.
   
   
7. DavaInfoTech.com reserves the right to revoke the access privileges of any Members without assigning reasons who fail to conduct business in an honest and fair manner or abide by applicable laws, or who engage in activities or practices in order to manipulate or circumvent the site or the terms and conditions.
   
   
8. Sellers agree not to manipulate the price of any products or services offered on the Site, either through the use of shills, alias or decoys, or by acting as a Buyer in respect of such proposed sale.
   
   

2. Rules for Buyers

1. Buyers may apply to buy from any Seller. It is the Buyer's responsibility to select the Sellers with whom he or she wants to do business.
   
   
2. Buyers can put up an unlimited amount of orders. However, Buyers are solely responsible for their ability to meet all financial commitments made.
   
   
3. DavaInfoTech.com does not charge Buyers any transaction fees for buying products or services on the Site.
   
   
4. Buyers can initiate a Transaction by placing an order on a manufacturer on the Site.
   
   
5. A Buyer creates an order when he submits an order.
   
   

3. Rules – Seller members

1. Sellers will determine which Buyers are authorised to do business with them based on their own criteria and discretion.
   
   
2. Sellers are solely responsible for validating the Buyer's credit worthiness and authority based on his or her own criteria and discretion.
   
   
3. Sellers can only sell their own products, services and counteroffer on Seller's own products and services.
   
   
4. A Seller can view inquiries by being the direct recipient of an inquiry by a specific buyer.
   
   
5. A Seller will receive a order with an indication of prices. If the prices are not in agreement, the Seller will need to communicate this to the Buyer.
   
   
6. If the Buyer sends an agreement on the pricing, the Seller can confirm the order and Transaction. A Seller can respond to a Price Inquiry with a counteroffer. If the Buyer accepts this counteroffer, a Transaction is created.
   
   

4. Transaction Fees

1. Sellers are solely responsible for all Transaction Fees payable to DavaInfoTech.com
   
   
2. Our current table of Transaction Fees is available online at www.davainfotech.com
   The Seller's obligation to pay DavaInfoTech.com the Transaction Fee arises at the time the Terms of Transaction are agreed upon on the site.
   
   
3. Unless otherwise stated, all fees are quoted in Indian rupees and are due for payment in full 30 days after receipt of a DavaInfoTech invoice. Transaction Fees are due and payable in respect of all transactions, which are created on the Site. In the event of failure to pay transaction fees within stipulated time DavaInfoTech.com will be entitled to charge 18% interest till payment is settled.
   
   
4. Members are responsible for paying all applicable taxes and for all hardware, software, services and other costs and expenses they incur to sell, buy, or access the Site.
   
   
5. A buyer's breach of its obligations in respect of any Transaction will not relieve seller of its obligation to pay to DavaInfoTech a transaction fee in respect of such breached transaction.
   
   

5. Circumvention of DavaInfoTech.com

 

Members should not engage in negotiations with any other party the Site and agree on the terms of the same Transaction off the Site or otherwise to circumvent the payment of the DavaInfoTech.com Transaction Fee. A Seller who agrees on the terms of a Transaction off the Site is still liable to pay DavaInfoTech.com the applicable Transaction Fee for such Transaction. In addition, any Member who engages in circumvention is liable to have their membership in DavaInfoTech.com immediately and permanently revoked.

6. Taxes

Members acknowledge and agree that DavaInfoTech.com does not take any responsibility to calculate, report or remit sales or any other taxes that may be assessed or owing to the taxing authorities of any jurisdiction for Transactions that arise in connection with the use of the Site.

2. REGISTRATION AND ACCESS

Each registration is separate for every user.

User name and Password

To access certain parts of the site you are required to enter your individual user name and password. Therefore we do not permit the sharing of your User Name and Password in any manner and particularly Multiple users on a network accessing through a single user name and password.

If we have reason to believe that a User Name and Password are being used in any manner, we reserve the right to cancel access rights immediately without notice, and block access to all users from that IP address.

You are solely responsible for all use and for protecting the confidentiality of your user name and password and e-mail address. DavaInfoTech.com shall be entitled to reject any application for registration without assigning any reasons to the applicant or any other person.

3. PRIVACY POLICY

DavaInfoTech.com recognises the trust you place on privacy protection on the Internet. Our employees and associates share the same and will strive to protect your privacy, including the non-identifying information you share in the personal profile that you must complete in order to become a participating member. Your address and other information will be provided to other parties purely for the purpose of business transactions. We sometimes keep track of the domains from which people visit us. We analyze this data for trends and statistics, and then we discard it. If you have any questions or comments about our privacy practices, you can contact us at support@DavaInfoTech.com

A member/user’s access to and use of the site or services has information voluntarily provided by the member / user. DavaInfoTech.com has no intention and does not collect personally identifiable information the Member/User shares in his/her personal profile.

Use of Registration Information

 

Personally identifiable information of individual Members/Users will not be sold or otherwise transferred to unaffiliated third parties without the Member/User's prior consent. DavaInfoTech.com stores the Internet Protocol (IP) address of your computer when you visit our site. This information may be used only to create broad statistical / demographic summaries of our Members/Users. The IP addresses are not used to identify who the actual users are. DavaInfoTech.com may use registration information and other information voluntarily submitted in the following ways:

• To provide our research/editorial team with information that is useful in developing new features and services for DavaInfoTech.com Members;
  
  
• To provide advertisers or sponsors with aggregate and not individual, information; and
  
  
• To allow us to potentially vary advertising according to Member preference.
  
  

DavaInfoTech.com reserves the right to analyse and profile behaviour and characteristics of Member in order to measure interest in and use of the various areas of the site and to inform advertisers of such information. DavaInfoTech.com may sometimes permit third parties to offer subscription and/or registration-based services through DavaInfoTech.com. In this event, DavaInfoTech.com does not hold responsibility for any actions or policies of such third parties and Members should check the applicable privacy policy of such party before providing personally identifiable information.

Members should be aware that when they voluntarily disclose personally identifiable information (for example, User Name, e-mail address) on the bulletin boards and public databases of DavaInfoTech.com, that information, along with any substantive information disclosed in the Member's communication, can be collected and correlated and used inappropriately by third parties. The Member acknowledge that such activities are beyond the control of DavaInfoTech.com and DavaInfoTech.com takes no responsibility for the outcome of the same.

4. DISCLAIMER

Substitution of a medicine or brand name is unethical. Dava Infotech Pvt. Ltd. takes no responsibility of the implications, harmful or otherwise, of such substitution. The authenticity of the database is solely the responsibility of the Pharmacist working in the shop or business establishment.

DavaInfoTech.com is not involved in the actual Transactions between Buyers and Sellers and therefore, does not assume control over the quality, safety or legality of the items advertised, delivery and/or payment schedules, the truth or accuracy of the listings, the ability of Sellers to sell items or the ability of Buyers to buy items. In the event that a member has a dispute with another member (whether a Buyer or Seller), the member hereby release DavaInfoTech.com, its directors, officers, employees and agents from and against any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. In no event will DavaInfoTech.com be liable for any damages or losses experienced through the use of this website regardless of whether DavaInfoTech.com knew or should have known of the possibility of such damages or losses.

Electronic Location only

 

DavaInfoTech.com is only an electronic web-site, which acts as a physical location for registered Sellers of pharmaceutical products to conduct sale of these products, and for buyers to make purchase offers on such pharmaceutical products.

Warranty

 

DavaInfoTech.com is an Internet based Transaction service. We are not responsible for the merchantability or fitness of any item on this service. The Buyer and Seller assume all risk associated with the use of this system. DavaInfoTech.com is not responsible for any damages, including damages that result from, but are not limited to negligence. DavaInfoTech.com will not be held responsible for consequential damages, including but not limited to: system problems, inability to use the system, loss of electronic information which affect the auction, acts of God, nor any other act beyond our reasonable control.

The DavaInfoTech.com site and the content are provided on an "as is" basis without any warranties of any kind. DavaInfoTech.com, to the fullest extent permitted by law, disclaim all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of their parties' rights, and fitness for particular purpose.

DavaInfoTech.com, and its suppliers make no representations or warranties about the accuracy, reliability, completeness, correctness or timeliness of the content, software, text, graphics, links or communications provided on or through use of the DavaInfoTech.com site or DavaInfoTech.com. DavaInfoTech.com, do not make any warranty that the content contained on DavaInfoTech.com site satisfies government regulation requiring disclosure of information on prescription drug products.

Indemnity

 

You agree to defend, indemnify and hold DavaInfoTech.com, its officers, directors, employees, agents, licensors and suppliers, harmless from and against any claim, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the content (including software), or the interactive areas in a manner that violates or is alleged to violate these terms and conditions. DavaInfoTech.com shall provide notice to you promptly of any such claim, suit, or proceeding and shall reasonably cooperate with you, at your expense, in your defence of any such claim, suit or proceeding.

Liability limits

 

The content of the DavaInfoTech.com site comes from sources believed to be accurate, but may contain inaccuracies or typographical errors. The Site makes no representations about the results to be obtained from using the DavaInfoTech.com site or content. You will use DavaInfoTech.com site and content at your own risk. You acknowledge that in connection with the site, information will be transmitted over local Site, inter-Site and Internet backbone carrier lines and through routers, switches and other devices owned, maintained and serviced by third party local Site and long distant carriers, utilities, internet service providers and others, all of which are beyond the control and jurisdiction of DavaInfoTech.com and its suppliers. Accordingly, DavaInfoTech.com assumes no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with use of the DavaInfoTech.com site.

Member/User Communications

 

Except for wherever mentioned, any communication, which you post on the DavaInfoTech.com site, is considered to be non-confidential. You agree that you will not upload or transmit any communications that infringe any patent, trademark, trade secret, copyright or other proprietary rights of any party. By submitting communications to any part of this site, you automatically grant DavaInfoTech.com a royalty-free, perpetual, irrevocable, world-wide non-exclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sub-license such rights through multiple tiers of sub-licenses.

You must promptly notify DavaInfoTech.com of changes in your account or membership number and your address. You must also promptly notify DavaInfoTech.com if you become aware of a potential breach of security, such as the unauthorised disclosure or use of your member identification, User Name or Password.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and DavaInfoTech.com, as a result of your use of DavaInfoTech.com or your DavaInfoTech.com membership. You will also not present yourself as a representative, agent or employee of DavaInfoTech.com, and that DavaInfoTech.com will not be liable by reason of any representation, act or omission to act by you.

Interactive Areas Communications

 

If you use a DavaInfoTech.com interactive area, you are solely responsible for your communications and the consequences of posting those communications. DavaInfoTech.com does not assume any responsibility for the consequences of any Interactive Area communications arising from use of the DavaInfoTech.com site. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency for help. In consideration of being allowed to use the interactive areas, you agree that the following actions shall constitute a material breach of these terms and conditions:

1. Use of an interactive area for any purpose in violation of local, state, national, or international laws
   
   
2. Use simultaneous, unattended or continuous connections to DavaInfoTech.com with one account
   
   
3. Post material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others
   
   
4. Publicise, post, distribute or disseminate material that is unlawful, obscene, defamatory, threatening, harassing, infringing, abusive, hateful, or embarrassing to another member or any other person or entity as determined by DavaInfoTech.com at its sole discretion
   
   
5. Intercept or attempt to intercept e-mail or other private communications not intended for you
   
   
6. Send unsolicited e-mail messages through third-party mail servers in order to relay your e-mail or hide the origination of this e-mail to others
   
   
7. Continue to disrupt, despite being warned, the normal flow of dialogue, or post comments that are not related to the topic being discussed (unless it is clear the discussion is free form);
   
   
8. Send e-mail to members or other internet users for any purpose other than personal communication, including to unsolicitedly advertise or offer to sell goods or services to other Members, use as a mass distribution medium to communicate a generally unsolicited message, or use your e-mail account in the text of these messages as an address of where members or other internet users need to respond (except as otherwise expressly permitted by DavaInfoTech.com);
   
   
9. Post advertisements or solicitations of business
   
   
10. Post chain letters or pyramid schemes
    
    
11. Impersonate
    
    
12. Allow any other person or entity to use your identification to post or view comments
    
    
13. Post the same note more than once or indulge in spamming. (Spamming is the online word for indulging in such activity. Spamming is strictly prohibited)
    
    
14. Engage in any other conduct that restricts or inhibits any other person from using or enjoying the Interactive Areas, or which, in the judgement of DavaInfoTech.com, exposes DavaInfoTech.com or any of its customers or suppliers to any liability or detriment of any type.
    
    
15. Upload files that contain software or other material protected by intellectual property laws, rights of privacy or publicity, or any other applicable law unless you own or control the rights thereto or have received all necessary consents
    
    
16. Upload files that contain a virus or corrupted data
    
    
17. Delete any author attributions, legal notices or proprietary designations or labels in a file that you upload to a BBS
    
    
18. Falsify the source or origin of software or other material contained in a file that you upload to a BBS
    
    
19. Use DavaInfoTech.com in a manner that adversely affects the availability of its resources to other Members
    
    
20. Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity who is not a DavaInfoTech.com member, the member directory or any portion thereof other than for personal, non-commercial purposes (except as otherwise expressly permitted by DavaInfoTech.com)
    
    
21. Download files that contain software or other material protected by intellectual property laws, rights of privacy or publicity, or any other applicable law unless you own or control the rights thereto or have received all necessary consents
    
    
22. Falsely purport to be a DavaInfoTech.com employee or agent
    
    
23. Cause repeated disruptive incidents
    
    
24. Act, or fail to act, in your use of DavaInfoTech.com, in a manner that is contrary to applicable law or regulation
    
    

DavaInfoTech.com also reserves the right to terminate a Member's access to any or all interactive areas upon member's/user’s breach of these terms and conditions.

Also, DavaInfoTech.com reserves the right to monitor, edit, or disclose any type of posting on the interactive areas for adherence to the terms and conditions, if required in the course of normal operation and maintenance of DavaInfoTech.com required to do so by law or in the good faith belief that such action is necessary to: · Comply with the law or comply with legal process served;

• Protect and defend the rights of DavaInfoTech.com and others; or
  
  
• Act in an emergency to protect the personal safety of our guests or public.

• DavaInfoTech.com owes no responsibility to subscribers or any other person or entity for performance or non-performance of the aforementioned.

  In addition, every time you upload a file on DavaInfoTech.com, you represent and warrant that you own or otherwise control the rights or have the necessary consents to do so, and you grant every other member/user the right to download and use such file for personal use. Your failure to observe any of the foregoing limitations or obligations may result in civil or criminal liability, as well as termination of your membership.
  

  
  
  

5. SECURITY

Encryption Technology

 

DavaInfoTech.com may use Secure Socket Layer (SSL) or other encryption technology to ensure the integrity and privacy of information passed to us via Internet.

Security

 

DavaInfoTech.com has implemented multiple security measures to protect the loss, misuse and alteration of any information under our control. The physical server is protected full-time (24/7) by both a full lockdown and human guards.

All confidential commercial information entered on our site is fully secured by multiple levels of password protection, encryption and DavaInfoTech.com internal processes that ensure no unauthorised individual or member will come into contact with any sensitive user information such as price and customer data.

6. GENERAL

Cookie Technology

 

DavaInfoTech.com may use cookie technology to allow members/users to move faster through our site. Cookies are small text files a website can use to recognise repeat users and facilitate the User's ongoing access to and use of the site. Generally, Cookies do not come onto a User's system nor do they pose a threat to a user's files. DavaInfoTech.com cannot control the use of Cookies by advertisers or third parties hosting data for DavaInfoTech.com. In case a Member/User does not want information collected through the use of Cookies, most browsers allow the User to deny or accept the Cookie feature.

Copyright

 

DavaInfoTech.com wholly owns all programmes and services offered by experts or others on DavaInfoTech.com. The copyright to DavaInfoTech.com and the intellectual property contained thereon vests wholly and completely in DavaInfoTech.com. On acceptance of these terms and conditions, DavaInfoTech.com authorises you to view or download a single copy of the material on this website solely for your personal, non-commercial use.

The contents of DavaInfoTech.com site like text, graphics, images and other material including software licensed by DavaInfoTech.com to permit members/users to access the DavaInfoTech.com site (content), are protected by copyright under both Indian and foreign laws. The content shall not pass to you or any other User. Unauthorised use of the content may violate copyright, trademark, and other laws and enter prosecution.

No content from the Site may be reverse-engineered, disassembled, decompiled, reproduced, transcribed, stored in a retrieval system, translated into any language or computer language, re-transmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without the prior written consent of DavaInfoTech.com.

You are solely responsible for compliance with any copyright, trademark and other proprietary rights and restrictions. You will be referred to the publication data appearing in bibliographic citations, as well as to the copyright notices appearing in original publications. The use of the content on any other website or in a networked computer environment for any purpose is prohibited.

Links to other Sites

 

DavaInfoTech.com contains links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by DavaInfoTech.com of the content on such third-party websites. DavaInfoTech.com is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party websites. If you decide to access linked third-party websites, you do so at your own risk. Your use of third-party websites is subject to the terms and conditions of use of such sites.

Advertisements

 

The DavaInfoTech.com site contains advertisements by third parties, and these advertisements may contain links to other websites. Unless otherwise specifically stated DavaInfoTech.com does not endorse any product or make any representation regarding the content or accuracy of any materials contained in, or linked to, any advertisement on the DavaInfoTech.com site.

Not substitute to medical advice

 

The content on DavaInfoTech.com is provided for commercial transactional services. The content should not be treated as a substitute to professional medical advice. You are advised to consult your physician or medical practitioner for any question or development needing medical attention.

DavaInfoTech.com does not recommend or endorse any specific products or accessories that may be mentioned on the site. DavaInfoTech.com does not take any liability for the contents of any material provided on the site. Reliance on any information provided by DavaInfoTech.com, its health experts, or other visitors to the site is solely at your own risk.

DavaInfoTech.com assumes no responsibility for damage or injury caused to persons or property arising from any use of any product, information, idea, or instruction contained in the materials provided in the site. DavaInfoTech.com reserves the right to amend or suspend, at any time, any aspect or feature of this site.

Termination and Expiration

 

Termination Rights. Either DavaInfoTech.com or Member may immediately terminate this Membership Agreement at will in writing or via e-mail.

Member Obligations Upon Termination or Expiration. Member agrees that, upon termination of this Membership Agreement, Member will:

Pay all outstanding debts to DavaInfoTech.com in full within thirty (30) days without demur or default. The member agrees that in the event he fails to pay all the out standing dues or any part thereof within the stipulated time, he shall be liable to pay interest of 18% p.a. on such out standing amount or any part thereof till payment.

Honor all outstanding Transactions.

 

Honor all outstanding Firm Offers and/or Firm Counteroffers with third parties until, and unless, withdrawn by the Member.

7. JURISDICTION

You the Member expressly agree that exclusive jurisdiction for any dispute with DavaInfoTech.com, or in any way relating to your membership, resides in the courts of Mumbai, State of Maharastra and you further agree and expressly consent to exercise the jurisdiction in the courts of Mumbai, India in connection any such dispute including any claim involving DavaInfoTech.com or it affiliates, subsidiaries, employees, contractors, officers, direct telecommunication providers and content providers.

You also expressly agree that notice given to DavaInfoTech.com will be by conventional mail. Notices to DavaInfoTech.com by conventional mail must be sent to Health Links India Private Limited, 501, Beach View, 77 Chimbai Road, Bandra (West), Mumbai 400 050.

In any matter requiring DavaInfoTech.com's prior consent, such consent will be considered given only if sent by conventional mail and signed by an authorised representative of DavaInfoTech.com.

8. CONCLUSION

DavaInfo Tech.com's performance under this agreement is subject to existing laws and legal process. Nothing contained in this agreement is in derogation of DavaInfoTech.com's right to comply with law enforcement requests or requirements relating to a member's use of DavaInfoTech.com or information provided to or gathered by DavaInfoTech.com with respect to such use.

This agreement constitutes the entire agreement between DavaInfoTech.com and you with respect to your use of DavaInfoTech.com and your DavaInfoTech.com membership, and it supersedes all prior or contemporaneous communications and proposals, whether oral or written, between DavaInfoTech.com and you with respect thereto.

BY EITHER CLICKING THE "I AGREE" BUTTON BELOW OR SIGNING A HARD COPY OF THE APPLICATION AND FAXING IT TO THE NUMBER INDICATED YOU REPRESENT AND WARRANT THAT YOU, AS A DULY AUTHORIZED REPRESENTATIVE OF YOUR COMPANY, CAN FORM LEGALLY BINDING CONTRACTS UNDER APPLICABLE LAW, AND THAT YOU ARE A MERCHANT AND NOT A CONSUMER USER, FOR PURPOSES OF TRANSACTING BUSINESS ON THIS SITE.