Racketail Solutions and Technologies Private Limited (the “Company”) is inter alia engaged in the business of providing technology enabled healthcare services. The Company operates and enables the sale of products vide its website namely www.medpikplus.com (the“Website”). The Company seeks to inform the individuals, entities, organisations interested in placing advertisements (the“Advertisers”) on the Website of the Company of the terms and conditions for placing such advertisements (the“Advertising Policy”).
For the users:
Medpik Plus clearly distinguish between Editorial content and content that is created or provided by one of our sponsors, the advertisements shall be labelled as "sponsored from our sponsor" or "advertisement". This content has not been reviewed by the editorial staff of the Company and is not subject to theeditorial policy of the Companyand shall be subject to thisAdvertising Policy. Further, your usage of the same must comply with Policies of the Website.
For the Advertisers
Advertisers must be honest about the products or services their advertisements promote; the advertisement shall not create unrealistic expectations, mislead or offend; must be responsible and of the highest standards and without compromising the consumer protection. This Advertising Policy applies to all the advertisements, listed or sought to be listed, on the Website.
All the advertisements must comply with theseAdvertising Policies, (the “Policies”). The Company may, at any time and without having to serve any prior notice to the Advertisers, (i) upgrade, update, change, modify, or improve the Website or a part thereof in a manner it may deem fit, and (ii) change the content of the Advertising Policy. It is the responsibility of the Advertisers, in such cases, to review the terms of the Advertising Policy from time to time. Such change shall be made applicable when they are posted. The Company may also alter or remove any content from the Website without notice and without liability.
The Advertisers are also responsible for ensuring that their advertisements comply with all applicable laws, industry codes, rules and regulations in each geographic area where the advertisements will run. All disclosures in the advertisements must be clear and conspicuous.
All the advertisements are subject to the review and approval of the Company. The Company reserves the right to reject or remove any advertisement at their sole discretion for any reason. The Company also reserves the right to request modifications to any advertisement, and to require factual substantiation for any claim made in an advertisement.
The advertisements must not infringe the intellectual property, privacy, publicity, copyright, or other legal rights of any person or entity. The advertisements must not be false, misleading, fraudulent, defamatory, or deceptive.
The following advertisement content is prohibited:
Prohibited Advertisements for the following products and services are prohibited:
Adult products and services (other than contraceptives; see below);
Prohibited Advertisements under the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954
Subject to the provisions of the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 (the “Act”), no person shall take any part in the publication of any advertisement referring to any drug in terms which suggest or are calculated to lead to the use of that drug for –
It is hereby clarified that that Advertisers will comply with all the provisions of the Act and the rules made there under. Further, it is agreed that the Advertisers shall be solely responsible for any penalty or any action taken by the governmental authorities for non-compliance with the Act and the rules made there under.
Advertisements in the following categories are restricted and require approval on a case-by-case basis:
Testimonials & Endorsements
Any testimonials and endorsements contained in advertisements must comply with all applicable laws, industry codes, rules, and regulations. For example, a clear and conspicuous disclaimer is required if an endorser's results were atypical or if the endorser was paid.
The Company recognizes and maintains a distinct separation between advertising and sponsored content and editorial content. All advertising or sponsored content on the Website of the Company will be clearly and unambiguously identified.
A click on an advertisement may only link the end user to the website of the Advertisers.
Intellectual property rights
All the intellectual property used on the Website by the Company, service providers or any third party shall remain the property of the Company, service provider or any other third party as the case may be. The Advertisers agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any materials or enforce limitations on use of the Website or the materials therein. The materials on the Website or otherwise may not be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means.
Limitation of Liability
In no event, including but not limited to negligence, shall the Company, or any of its directors, officers, employees, agents or content or service providers (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Website or the content, materials and functions related thereto, lost business or lost customers, even if such Protected Entity has been advised of the possibility of such damages.
In no event shall the total aggregate liability of the Protected Entities to an Advertiser for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from this Advertising Policy or an Advertiser’s use of the Website exceed, the fees paid by the Advertiser to the Company for the display of the advertisement.
The Advertisers hereby agree to indemnify and hold harmless the Company, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from (i) access to or use of the Website in any fraudulent manner, (ii) violation of the applicable laws, regulations and other statutory warnings and the Advertisement Policy, and (iii) infringement of any intellectual property or other right of any person or entity. The Advertisers agree to provide us with reasonable assistance, at their own expense, in defending any such claim, loss, liability, damage, or cost.
If any provision of this Advertising Policy is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of this Advertising Policy shall continue to be in full force and effect.
Term and Termination
1. This Advertising Policy will remain in full force and effect while the Advertisers use the Website for listing the advertisement.
2. The Company reserves the right to terminate the access of the Advertisers to the Website in the event of breach of any terms contained in this Advertising Policy, misrepresentation of information, or any unlawful activity.
3. Clauses under the headings Liability, Indemnity, Intellectual Property, Dispute Resolution, and Notices shall continue and survive the termination of this Advertising Policy.
Dispute Resolution and Governing Law
1. This Advertising Policy and any contractual obligation between the Company and the Advertisers will be governed by the laws of India, subject to the exclusive jurisdiction of courts at Haryana.
2. All disputes will be subject to arbitration at Haryana in English by a sole arbitrator appointed by the Company under the Arbitration and Conciliation Act, 1996.
No provision of this Advertising Policy shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by the Company. Any consent by the Company to, or a waiver by the Company of any breach by Advertisers, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of this Advertising Policy.
All notices and communications shall be in writing, in English and shall deemed given if delivered personally or by commercial messenger or courier service, or mailed by registered or certified mail (return receipt requested) or sent via email/ facsimile, with due acknowledgment of complete transmission to the following address:
Racketail Solutions and Technologies Private Limited
1601, Sector 4, Karnal
Questions & Contact Information
Questions or comments about the Website or for listing of advertisements may be directed to the Company at the email address:email@example.com