1.4 Primus agrees to deliver the service ordered by you only at such locations as per the Order Confirmation Form. Primus shall not be liable to deliver any services purchased by Users for delivery in locations outside India.
The Website is a platform that facilitates the online sale and purchase of services offered by Primus’s various affiliate/ registered merchants/ vendors/service providers at a discounted price (“Services“). The Services are offered to the Users through various modes which shall include, the issue of coupons and vouchers that can be redeemed for various services. The purchase of products and services on the Website shall be governed by the Terms of Offer For Sale (“Terms of Offer For Sale“)
- Eligibility to Use
3.1 The Services are not available to minors under the age of eighteen (18) or to any Users suspended or removed from the Primus system by Primus for any reason whatsoever. If You do not conform to the above qualification, You shall not be permitted to avail of the Services or use the Website. You represent that You are of legal age to form a binding contract and are not a person barred from receiving services under the laws applicable in India. Notwithstanding the foregoing, if You are below the age of eighteen (18) years, You may avail of the Services provided by Primus through Your legal guardian under the applicable laws.
3.2 Primus reserves the right to refuse access to use the Services offered on the Website to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so.
3.3 You shall not have more than one active Account on the Website. Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another party.
- User Account, Password, and Security
4.2 The Website requires You to register as a User by creating an Account to avail of the Services provided by the Website. You will be responsible for maintaining the confidentiality of the Account Information and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify Primus of any unauthorized use of Your Account Information or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. Primus cannot and will not be liable for any loss or damage arising from Your failure to comply with this Section 4.2. You may be held liable for losses incurred by Primus or any other user of or visitor to the Website due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account Information secure and confidential.
4.3 The Website also allows restricted access to the Services for unregistered Users.
4.4 You shall ensure that the Account Information provided by You in the Website’s registration form is complete, accurate and up-to-date. Use of another user’s Account Information for availing of the Services is expressly prohibited.
4.5 If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Primus has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Primus has the right to suspend or terminate Your Account and refuse any current or future use of the Website (or any portion thereof).
- Pricing Information
5.1 Primus strives to provide You with the best prices possible on products and services You buy or avail of from the Website. The pricing details for the purchase of products and services from the Website are detailed under the Terms of Offer For Sale.
5.2 You agree to provide correct and accurate credit/ debit card details to the approved payment gateway for availing Services on the Website. You shall not use the credit/ debit card which is not lawfully owned by You, i.e. in any transaction, You must use Your own credit/ debit card. The information provided by You will not be utilized or shared with any third party unless required concerning fraud verifications or by law, regulation or court order. You will be solely responsible for the security and confidentiality of Your credit/ debit card details. Primus expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of Your credit/ debit card.
5.3 Primus shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of you/cardholder having exceeded the pre-set limit mutually agreed by Primus with our acquiring bank from time to time.
- User Obligations
6.3 You agree to adhere to all limitations on dissemination, use and reproduction of any materials (such as the product catalogs) that You access on the Website following Section 7.
6.4 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 Primus. You shall not use any deep-link, robot, spider or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, 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.
6.5 You acknowledge and agree that by accessing or using the Website or Services, You may be exposed to content from other users that You may consider offensive, indecent or otherwise objectionable. Primus disclaims all liabilities arising concerning such offensive content on the Website. Further, You may report such offensive content in the manner prescribed under Section 17 herein.
6.8 You agree and acknowledge that Primus is not the seller of the products and Primus shall in no manner be deemed to be the seller of the products or services on this Website. Primus is only facilitating the purchase of the products by You from the vendor by providing them.
6.9 You agree that Primus may, at any time, modify or discontinue all or part of the Website, charge, modify or waive fees required to use the Website, or offer opportunities to some or all Website Users.
- Use of Materials
7.2 The rights granted to You in the product catalogs or any other materials as specified above do not apply 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 catalogs or any other materials available on the Website may be copied or retransmitted unless expressly permitted by Primus.
7.4 Any purchase of the merchandise or Services from the Website will be strictly for the personal use of the User. The User hereby expressly agrees that any merchandise or Services purchased by the User will not be sold, resold, bartered or in any way used for any commercial purposes or profit. The User hereby acknowledges that the Services or merchandise purchased is not transferrable to any third party for profit.
7.5 Your shipping address, and pin code will be verified with the database of Primus before You proceed to pay for Your purchase. In the event case, your order is not serviceable by our delivery partners or the merchant or the area is not covered, we would request you to provide us with an alternate shipping address which we expect to have on our partner/merchant’s delivery list. In case there is any dispute regarding the shipment of the product or services for the area not covered by Primus, in such cases, Primus will not be responsible for the non-delivery of the product. Primus doesn’t deliver items internationally. However, you can make purchases on the website from anywhere in the world but at the same time ensure the shipping address is within India.
- Usage Conduct
8.1 You shall solely be responsible for maintaining the necessary computer equipment and Internet connections that may be required to access, use and transact on the Website.
8.2 You are also under an obligation to use this Website for reasonable and lawful purposes only, and shall not indulge in any activity that is not envisaged through the Website.
8.3 You shall use this Website, and any voucher/ coupons purchased through it, for personal, non-commercial use only and shall not re-sell the same to any other person.
8.4 Primus shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of you/cardholder having exceeded the pre-set limit mutually agreed by Primus with our acquiring bank from time to time
- Intellectual Property Rights
9.1 The Website and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the “Content”) on the Website is owned and controlled by Primus and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.
9.2 The trademarks, logos and service marks displayed on the Website (“Marks”) are the property of Primus or their vendors or respective third parties. You are not permitted to use the Marks without the prior consent of Primus, the vendor or the third party that may own the Marks.
9.3 Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Primus Healthcare owns all intellectual property rights to and into the trademark “Primus”, and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
9.4 Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from Primus or thirty party owner of such Content.
- Third-Party Content
The Website makes available general third-party information such as product catalogs, lists of authorized dealers, reports on news, entertainment, technology and features, advertisements including videos, images and photographs of the products and other data from external sources (“Third Party Content”). Similar Third-Party Content would also be available to You on the email received by You from Primus. The provision of Third-Party Content is for general informational purposes only. You acknowledge that the Third-Party Content provided to You is obtained from sources believed to be reliable. Primus does not provide any guarantee concerning any of the Third-Party Content and Primus shall not be held liable for any loss suffered by You based on Your reliance on or use of such data.
- Disclaimer of Warranties & Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
11.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PRIMUS WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. PRIMUS ALSO DISCLAIMS ALL LIABILITY CONCERNING THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.
11.3 PRIMUS WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A CONSEQUENCE OF UNAUTHORIZED USE OF YOUR ACCOUNT OR ACCOUNT INFORMATION IN CONNECTION WITH THE WEBSITE OR ANY SERVICES OR MATERIALS, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. PRIMUS HAS ENDEAVORED TO ENSURE THAT ALL THE INFORMATION ON THE WEBSITE IS CORRECT, BUT PRIMUS NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE QUALITY, ACCURACY OR COMPLETENESS OF ANY DATA, INFORMATION, PRODUCT OR SERVICE. PRIMUS SHALL NOT BE RESPONSIBLE FOR THE DELAY OR INABILITY TO USE THE WEBSITE 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, PRIMUS SHALL NOT BE HELD RESPONSIBLE FOR THE 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 PRIMUS 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. PRIMUS IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO AN INVALID COUPON. PRIMUS ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, CONCERNING ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.
11.4 PRIMUS SHALL NOT BE LIABLE FOR ANY THIRD-PARTY PRODUCT OR SERVICES. THE ADVERTISEMENT AVAILABLE ON E-MAIL OR WEBSITE CONCERNING THE THIRD-PARTY WEBSITE OR THE PRODUCTS AND SERVICES ARE FOR INFORMATION PURPOSES ONLY.
- Indemnification and Limitation of Liability
12.3 In no event shall Primus, its officers, directors, employees, partners or suppliers be liable to You, the vendor 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 Primus 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, Services or materials.
12.4 The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.
13.2 You agree that Primus may, in its sole discretion, and without prior notice, terminate Your access to the Website, for cause, which includes (but is not limited to): (1) requests by law enforcement or other government agencies; (2) a request by You (self-initiated account deletions); (3) discontinuance or material modification of the Website or any service offered on or through the Website; or (4) unexpected technical issues or problems.
14.3 Primus may also terminate or suspend all or a portion of Your account or access to the Services with or without reason. Except as may be outlined in any Additional Terms applicable to a particular Service, termination of Your Account may include: (i) removal of access to all offerings within the Website or concerning the Services; (ii) deletion of Your materials and Account Information, including Your personal information, log-in ID and password, and all related information, files and materials associated with or inside Your Account (or any part thereof); and (iii) barring of further use of the Services.
14.4 You agree that all terminations shall be made in Primus’s sole discretion and that Primus shall not be liable to You or any third party for any termination of Your Account (and accompanying deletion of Your Account Information), or Your access to the Website and Services.
14.6 If You or Primus terminates Your use of the Website, Primus may delete any content or other materials relating to Your use of the Website and Primus will have no liability to You or any third party for doing so.
- Governing Law
- Report Abuse
You hereby expressly agree to receive communications from Primus by way of SMS, e-mails and other mediums related to the services provided. And irrespective of the fact if also you have registered yourself under DND or DNC or NCPR service, you still authorize us to give you a call from Primus.
- General Provisions
- Feedback and Information
Any feedback You provide to this Website shall be deemed to be non-confidential. Primus shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that (i) Your feedback does not contain confidential or proprietary information of You or third parties; (ii) Primus is not under any obligation of confidentiality, express or implied, concerning the feedback; (iii) Primus may have something similar to the feedback already under consideration or in development; and (iv) You are not entitled to any compensation or reimbursement of any kind from Primus for the feedback under any circumstances.
21. Primus reserves the right to decide/alter/change the expiration period of the activities at any time with or without notice.
21.1 Primus reserves the right at any time, without notice, to add/alter/change/or vary any or all of these terms and conditions or to replace, wholly or in part, with any feature, whether similar to this or not, or to withdraw it altogether.
21.2 Primus reserves the right to disqualify any customers from the benefits mentioned herein above. In case of any fraudulent activity, the prosecution will be carried out against the concerned customer. Copyright © The Copyright Act, 1957.