1. Acceptance
These Terms of Use govern your access to and use of www.vyapitus.com (the "Website"). By using the Website you agree to these Terms together with the Privacy Policy and Disclaimers. If you do not agree, do not use the Website. These Terms are an electronic record under the Information Technology Act, 2000 and rules made thereunder.
2. Eligibility
You may use the Website only if you are at least 18 years old (or accompanied by a parent/guardian who agrees on your behalf) and capable of contracting under the Indian Contract Act, 1872. Certain sections contain HCP-Restricted Content intended only for registered medical practitioners and other qualified healthcare professionals.
3. About Vyapitus and the Website
Vyapitus is a pharmaceutical company focused on nephrology, solid organ transplantation, chronic kidney disease and renal nutrition. The Website is a corporate information resource. It is not a platform for the sale of pharmaceutical products. All Vyapitus products are sold strictly on the prescription of a registered medical practitioner through licensed distribution channels.
4. Permitted use
- View, browse and read content for personal, non-commercial purposes.
- HCPs may use HCP-Restricted Content for professional practice.
- Download materials expressly marked for download.
- Apply for advertised job openings.
- Submit medical enquiries, adverse event reports, grievances or partnership enquiries in good faith.
5. Prohibited use
You agree that you will not:
- Violate any applicable law (including the Drugs and Cosmetics Act 1940, Drugs and Magic Remedies (Objectionable Advertisements) Act 1954, IT Act 2000, DPDP Act 2023).
- Use the Website for commercial purposes other than as expressly permitted.
- Use robots, spiders, scrapers, or other automated means to access the Website.
- Attempt to gain unauthorised access to systems, introduce malicious code, or compromise the Website.
- Reverse-engineer or decompile any part of the Website's software.
- Conduct vulnerability scans or penetration tests without our prior written authorisation.
- Send spam, junk, chain mail, or pharmaceutical-spam content via Website channels.
- Inject hidden links, redirects or "black-hat" SEO content.
- Impersonate any person, misrepresent your HCP credentials, or falsely claim affiliation with Vyapitus.
- Promote or recommend any Vyapitus product for an indication, dose, route or population not approved by the competent regulator.
- Publish content that is unlawful, defamatory, abusive, obscene, or infringes third-party rights.
- Disable, overburden, damage or impair the Website.
6. HCP-Restricted Content
By proceeding past the HCP gateway, you represent and warrant that you are a registered medical practitioner, pharmacist, dietician, nurse or other qualified healthcare professional. HCP-Restricted Content is not designed for patients or members of the general public. Clinical decisions remain solely the prescriber's responsibility.
7. Adverse event reporting and medical enquiries
Adverse event reports submitted to us are processed under our pharmacovigilance obligations (Drugs and Cosmetics Rules, 1945) and may be shared with regulators and our PV partner. Medical Information responses do not establish a doctor–patient relationship. Submitting knowingly false reports may constitute an offence.
8. Intellectual property
All content - text, logos, brand names, trademarks (registered or unregistered), graphics, photographs, video, audio, layouts and source code - is owned by Vyapitus or its licensors and is protected under Indian and international IP laws. You receive a limited, revocable, non-exclusive, non-transferable licence for personal/professional viewing only. You may not copy, redistribute or commercially exploit any content without our written consent.
9. User submissions
When you submit content through forms or email (other than Personal Data, governed by the Privacy Policy), you grant Vyapitus a perpetual, worldwide, royalty-free, transferable, sub-licensable licence to use the submission for the purposes for which it was submitted and for our internal business and pharmacovigilance purposes.
10. Third-party links
The Website may include third-party links. We do not control or endorse third-party websites and are not responsible for their content or privacy practices.
11. Availability
We use reasonable efforts to keep the Website available but do not guarantee uninterrupted, error-free or secure access. We may suspend, modify or discontinue all or part of the Website at any time without notice.
12. Disclaimer of warranties
The Website is provided "as is" and "as available", without any warranty of any kind, express or implied. See the Disclaimers page for detail.
13. Limitation of liability
To the maximum extent permitted by law, Vyapitus and its directors, officers, employees and agents shall not be liable for any indirect, incidental, special, consequential, punitive or exemplary damages arising out of or in connection with the Website. To the extent any liability is established, Vyapitus's aggregate liability shall not exceed INR 5,000.
14. Indemnification
You agree to indemnify and hold Vyapitus harmless from claims arising out of your breach of these Terms, your violation of any law or third-party right, your misuse of the Website, or content you submit.
15. Governing law
These Terms are governed by the laws of India. Subject to Section 16, courts at [Insert city] have exclusive jurisdiction.
16. Dispute resolution
Any dispute shall be referred to and finally resolved by arbitration under the Arbitration and Conciliation Act, 1996, by a sole arbitrator. Seat and venue: [Insert city]. Language: English.
17. Grievance Officer (IT Intermediary Rules)
Name and contact details of our Grievance Officer are set out in the Privacy Policy. Complaints are acknowledged within 24 hours and resolved within 15 days, or earlier where required by law.
18. Severability, waiver, entire agreement, assignment
If any provision is invalid, the rest remain in force. No failure or delay by us is a waiver. These Terms (with the Privacy Policy and Disclaimers) are the entire agreement. You may not assign your rights; we may.
19. Amendment
We may modify these Terms by posting a revised version. Material changes will be notified prominently. Continued use after the revised Terms take effect constitutes acceptance.
20. Contact
For questions about these Terms - legal@vyapitus.com