This Agreement is between you (the User) and JCRC Infotech Pvt Ltd. By accepting electronically (for example clicking “I Agree”), installing, accessing or using the Services, you agree to these terms.
This Agreement is a legal agreement between you or the entity you represent and JCRC Infotech Pvt Ltd. By accepting electronically (for example, clicking “I Agree”), installing, accessing or using the Services, you agree to these terms. If you do not agree to this Agreement, then you may not use the Services.
Parties:
JCRC Infotech Pvt Ltd, a company incorporated under the laws of India, having its principal place of business at Mumbai | Ahmedabad | Jaipur | Delhi ("Company" or "JCRC"), which owns and operates the software known as Pharmacomputer.com (“Software”), and the User of the Software who accepts this Agreement ("User" or "Software User"). Collectively referred to as the "Parties".
1.1 “Agreement” means this Software User Agreement, including all schedules, exhibits, amendments, and addenda hereto.
1.2 “Software” means Pharmacomputer.com, including all its code, modules, databases, functionalities, APIs, and user interfaces provided by JCRC.
1.3 “Documentation” means user manuals, installation guides, specifications, and technical documentation provided with the Software.
1.4 “Intellectual Property” means all patents, trademarks, trade names, copyrights, software, technology, source code, object code, trade secrets, know-how, proprietary methods and processes, formulae, algorithms, models, methodologies, and usage license agreements related thereto.
1.5 “User Data” means any data, content, or information entered, uploaded, or otherwise provided by the User while using the Software.
1.6 “License” means the non-exclusive, non-transferable right granted to the User to use the Software under this Agreement.
2.1 The Company agrees to provide access to the Software on a license basis to the User for the intended business or operational purposes as outlined in the Software’s documentation.
2.2 The User acknowledges that the Software is a proprietary product of the Company and shall be used in accordance with this Agreement.
3.1 The Company shall provide access credentials and maintain the performance of the Software as per its standard service levels.
3.2 The User shall:
3.3 The Company reserves the right to audit Software usage to ensure compliance with the terms herein.
4.1 All rights, title, and interest in and to the Software, including all associated Intellectual Property, remain the exclusive property of the Company.
4.2 The User acquires no rights in or to the Software other than the limited license expressly granted under this Agreement.
4.3 The User shall not copy, distribute, modify, or create derivative works of the Software.
4.4 Any feedback or suggestions provided by the User may be used by the Company without obligation or compensation.
5.1 The User agrees to pay the fees as specified in the pricing plan selected at the time of registration or purchase.
5.2 All payments shall be made as specified, exclusive of applicable taxes and levies.
5.3 Fees once paid are non-refundable unless explicitly stated otherwise.
6.1 Each Party agrees to protect the confidential information of the other with the same level of care it uses to protect its own confidential information.
6.2 Confidential information shall not include information that is publicly known, was known prior to disclosure, is disclosed by a third party legally, or is required to be disclosed by law or court order.
7.1 Each Party shall comply with all applicable laws and regulations in connection with its activities under this Agreement.
7.2 In case of breach of confidentiality or Intellectual Property rights, the non-breaching Party shall be entitled to seek injunctive relief in addition to any other remedies.
Indemnification by the User:
The User agrees to indemnify, defend, and hold harmless JCRC Infotech Pvt Ltd, its directors, officers, employees, affiliates, licensors, agents, and successors ("Indemnified Parties") from and against any and all claims, demands, actions, suits, proceedings, losses, damages, liabilities, costs, and expenses (including reasonable attorney's fees and legal costs) arising out of or related to:
9.1 The Software is provided “AS IS” and “AS AVAILABLE” without warranties of any kind, whether express, implied, statutory, or otherwise.
9.2 The Company does not guarantee that the Software will be error-free or uninterrupted.
10.1 In no event shall either Party be liable for indirect, incidental, special, or consequential damages.
10.2 The Company’s aggregate liability under this Agreement shall not exceed the total amount paid by the User in the preceding 6 months.
11.1 The Company disclaims liability for the User’s misuse of the Software, unauthorized access to User data, and data loss or corruption not caused by the Company.
12.1 The User may terminate this Agreement at any time by ceasing use of the Software.
12.3 The Company may terminate this Agreement with notice if the User breaches any terms.
12.4 Upon termination: all rights granted to the User shall cease; the User shall immediately discontinue use of the Software; and any outstanding payments shall become due.
It is hereby notified that in the event your organization intends to appoint any current or former employee of JCRC Infotech Pvt Ltd, it is mandatory to obtain a No Objection Certificate (NOC) from JCRC Infotech Pvt Ltd prior to such appointment. Failure to procure the requisite NOC shall be deemed a breach of mutual understanding and may result in immediate termination or discontinuation of any existing business relationship or services provided by JCRC Infotech Pvt Ltd.
The software shall be covered under a comprehensive warranty up to validity of the license. During the warranty period, training and after-sales support services shall be provided online and free of charge. These services include assistance with software usage, troubleshooting, and general technical support, as may be reasonably required by the client.
Procedure for Submitting Suggestions, Requirements, or Complaints: Send email to info@jcrcinfotech.com with clearly written details of the relevant software program.
a) Applicability — The AMC shall become applicable upon completion of one (1) year from the date of installation of the software.
b) AMC Charges — An AMC fee approximately up to 25% of prevailing MRP shall be levied annually. AMC charges are subject to revision every two (2) years.
c) Free Maintenance and Training Period — Free maintenance and training for one (1) year from installation.
d) Online Support & On-Site Visit Charges — Online support provided subject to license validity at no additional cost. On-site visit charges: INR 1,000/- per day plus reimbursement of travel, accommodation, food, and incidental expenses.
a) Exclusion of Damages — In no event shall JCRC be liable for special, direct, indirect, incidental, consequential, exemplary, punitive, or economic damages. The Customer's sole remedy in case of failure is to request JCRC use commercially reasonable efforts to repair or provide the support and services in question.
b) Data Transfer & Internet Risks — JCRC does not control data transfer over networks and is not liable for delays, interruptions, corruption, or other issues arising from such transfers.
c) Risk Allocation — These limitations form the basis of the bargain between the Parties. Nothing in this Agreement shall exclude or limit JCRC’s liability beyond applicable law (e.g., fraud, death, personal injury due to negligence).
a) The software is a pre-packaged solution delivered in standard configuration and is not intended to include customer-specific changes, new reports, or additional utilities.
b) JCRC does not provide customizations on an individual client basis.
c) In case of conflict between this Agreement and the official quotation, the quotation terms shall prevail.
JCRC will provide training and implementation services exclusively to officially employed personnel of the client organization. Under no circumstances will training be provided to the client's customers, external consultants, or guests during the implementation or training process.
20.1 Governing Law & Jurisdiction: This Agreement shall be governed by the laws of India.
20.2 Entire Agreement: This Agreement constitutes the entire agreement between the Parties and supersedes all prior understandings.
20.3 Amendments: No amendment shall be valid unless in writing and signed by authorized representatives of both Parties.
20.4 Severability: If any provision is found to be invalid, the remainder shall remain in full force.
20.5 Force Majeure: Neither Party shall be liable for failure to perform due to circumstances beyond reasonable control.
20.6 Modification of Terms: JCRC may modify the terms on the Site at any time without prior notification. The latest version will be available on the Site. If the modified Terms are not acceptable, discontinue use of the site; continued use constitutes acceptance.
IN WITNESS WHEREOF, the Parties have executed this Agreement electronically or in writing on the date of acceptance.
For queries or support, contact: info@jcrcinfotech.com