Terms Of Use – SaveOnMedicals.com

SaveOnMedicals.com ('Website') is an online service operated and managed by ANN Pharma and Food Solutions Private Limited ('SaveOnMedicals.com' or 'we' or 'us').

Please read these conditions carefully before using the SaveOnMedicals.com website. By using the SaveOnMedicals.com website, you signify your agreement to be bound by these conditions.

These "Conditions of Use" constitute an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures.

We reserve the right to change the terms and conditions of this User Agreement from time to time without any obligation to inform you and it is your responsibility to look through them as often as possible.

1.      Your SaveOnMedicals.com Account

If you use the website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorized access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner. Please ensure that the details you provide us with are correct and complete You can access and update much of the information you provided us with in “My SaveOnMedicals” area of the website. SaveOnMedicals.com reserves the right to refuse access to the website, terminate accounts, remove or edit content at any time without notice to you.

2.      Services and use of Website

·         The content of the Website, including without limitation, text, copy, audio, video, photographs, illustrations, graphicsand other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment or recommendations of any kind. You should always seek the advice of your qualified heath care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. Reliance on any information appearing on the Website, whether provided by SaveOnMedicals.com, its content providers, visitors to the Website or others, is solely at your own risk.

·         SaveOnMedicals.com advises the Users to always seek the advice of a physician or other qualified health care provider with any questions regarding personal health or medical conditions. Never disregard, avoid or delay in obtaining medical advice from your doctor or other qualified health care provider because of something you have read on the Website. If you have or suspect that you have a medical problem or condition, please contact a qualified health care professional immediately.

 

3. Processing of order:   You must have a prescription from a registered medical practitioner a scanned copy of which shall be uploaded at the time of placing an order. Prescription medicines are delivered only after a prescription given by a registered medical practitioner has been received. Each and every prescription is checked by qualified pharmacists and you will be informed immediately if there is any discrepancy found in the prescription. SaveOnMedicals.com maintains a record of all the prescriptions uploaded by the User, which can be accessed by such User at any time in his account section and subject to applicable laws, may also be used to re-order the prescribed medicines.

·       The user hereby agrees that he/she shall:

A.    Send us scanned copy of only the original prescription. The prescription should be written by only registered medical practitioner who is qualified and authorized to write a prescription under Indian Medical Act, 1956, having a valid certificate of practice.

B.    Shall not furnish the same prescription for buying the same medicine to some other chemist (online or offline).

C.   Shall not submit any forged, tempered, doctors, falsified, illegal prescription under any circumstances, knowingly or unknowingly to saveonmedicals.com.

D.   The user shall buy the product only for bona-fide use by patients, not for resale or any illegal purpose.  

E.    The user agrees not to misuse or allow to be misused any product purchased from saveonmedicals.com

In case the user fails to take due care in maintaining above conditions or breaches the above conditions, he/she shall be fully responsible for any loss/ damage occurring to the patient due to consumption of obtained medicines obtained with false prescription.

 

The user shall be liable to indemnify saveonmedicals.com any current or future liability that may arise under Drugs and Cosmetics Act and other applicable rules of pharmacy practices due to breach of above conditions by him/her.

Saveonmedicals.com takes utmost care in ensuring the originality of the product you have ordered by ensuring the purchase only from reputed vendors, recording their batch numbers, expiry date etc. However, saveonmedicals.com shall not undertake any responsibility for any medicine reacting adversely or not working as per recommended use.

Saveonmedicals,com also doesn’t take any responsibility of any loss or damage in case the medicine is faulty due to manufacturer’s fault.  

Other Users (sellers on saveonmedicals.com) shall at all times ensure full compliance with the applicable provisions of the Drugs and Cosmetics Act, 1940, the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 and rules thereunder as applicable and as amended from time to time and also all applicable laws, rules and regulations (including, but not limited to sales tax/ VAT, income tax, octroi, service tax, central excise, custom duty, local levies etc.) regarding your use of Service and purchase, solicitation of offers to purchase, and sale of items or services on the Website. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including Drugs and Cosmetics Act, 1940, the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 or regulations for the time being in force.

 

Prices: Though saveonemdcials.com updates MRP of all products from time to time, still there might be some variations. The customer shall be informed of any such variation prior to processing the order.  If the actual MRP is more than the one mentioned on website, the customer issupposed to pay the difference and if the MRP is less than the  listed one, the customer shall be charged as per actual MRP.

4. Shipping and Delivery:

The user acknowledges and confirms that any sale shall be deemed concluded as soon as soon as a sale invoice is raised by saveonmedicals.com at its licensed premises, irrespective of customer’s delivery location. By choosing to purchase medicines from saveonmedicals.com, user requests and agrees s to use courier service to get the parcel picked up from saveonmedicals.com’s licensed premises, which will be considered his/ her agent authorized for pick up.

Saveonmedicals.com shall not be held responsible for any deterioration in condition of the patient due to late delivery of medicines. In case of an emergency, we advise our users to purchase medicines from their nearby chemist shops.

In case the user enters wrong address for delivery, saveonmedicals.com shall not be liable to re-send the medicines to correct address second time. Should a customer want the same medicines to be delivered at correct address, he/she shall have to bear the expenses of shipment and RTO for original despatch.

 

5.      Privacy

Please review our Privacy Policy, which also governs your visit to SaveOnMedicals.com, to understand our practices. The personal information / data provided to us by you during the course of usage of SaveOnMedicals.com will be treated as strictly confidential and in accordance with the Privacy Policy and applicable laws and regulations. If you object to your information being transferred or used, please do not use the website.

6.   Refusal of service

We reserve the right to refuse service to anyone at any time. We reserve the right, in our sole discretion, to suspend or cancel the service at any time if a computer virus, bug, or other technical problem corrupts the security, or proper administration of the service.

7.    E-Platform for Communication

You agree, understand and acknowledge that the website is an online platform that enables you to purchase products listed on the website at the price indicated therein at any time from any location. You further agree and acknowledge that SaveOnMedicals is only a facilitator and is not and cannot be a party to or control in any manner any transactions on the website. Accordingly, the contract of sale of products and or services on the website shall be a strictly bipartite contract between you and the sellers / service providers on SaveOnMedicals.com.

8.     Access to SaveOnMedicals.com

We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.

9.      License for website access

ANN Pharma and Food Solutions Private Limited grants you a limited license to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of ANN Pharma and Food Solutions Private Limited and / or its affiliates, as may be applicable. This license does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another seller; or any use of data mining, robots, or similar data gathering and extraction tools. This website or any portion of this website (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without express written consent of ANN Pharma and Food Solutions Private Limited and / or its affiliates, as may be applicable. ?You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of SaveOnMedicals.com and its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizingANN Pharma and Food Solutions Private Limited's or its affiliates' names or trademarks without the express written consent of ANN Pharma and Food Solutions Private Limited and / or its affiliates, as applicable. Any unauthorized use terminates the permission or license granted by ANN Pharma and Food Solutions Private Limited and / or its affiliates, as applicable. ?You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the Welcome page of SaveOnMedicals.com as long as the link does not portray ANN Pharma and Food Solutions Private Limited, SaveOnMedicals.com, their affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any SaveOnMedicals.com logo or other proprietary graphic or trademark as part of the link without express written consent of ANN Pharma and Food Solutions Private Limited and / or its affiliates, as may be applicable.

10.      Your Conduct

You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way You understand that you, and not SaveOnMedicals.com, are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only. You must not use the website for any of the following: ?

·         for fraudulent purposes, or in connection with a criminal offense or other unlawful activity

·         to send, use or reuse any material that does not belong to you; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam

·         to cause annoyance, inconvenience or needless anxiety

is prohibited under applicable law for the time being in force including Drugs and Cosmetics Act, 1940, the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, the Indian Penal Code, 1860 as amended from time to time and rules made there under;

11.      Financial Details

You agree, understand and confirm that the credit / debit card details or other financial details provided by you for availing of services on the Website will be correct and accurate and you shall not use the credit /debit card or financial facility which is not lawfully owned / obtained by you. You also understand that any financial information submitted by you is directly received by our acquiring bank and not taken by us. We will not be liable for any credit / debit card fraud. The liability for use of a card fraudulently will be on you and the onus to 'prove otherwise' shall be exclusively on you. We and our associated acquiring bank or financial institutions reserve the right to recover the cost of goods, collection charges and lawyers fees from persons using the Website fraudulently. We and our associated acquiring banks or financial institutions reserve the right to initiate legal proceedings against such persons for fraudulent use of the Website and any other unlawful acts or acts or omissions in breach of these terms and conditions in accordance with applicable laws.

12.   Reviews, comments, communications and other content

Users of this website may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." In the event a user uses a false e-mail address, impersonates any person or entity, or otherwise misleads as to the origin of any content. SaveOnMedicals.com reserves the right (but not the obligation) to remove, refuse, delete or edit any content that in the sole judgment of SaveOnMedicals.com violates these Conditions of use and, or terminate your permission to access or use this website. ?If you do post content or submit material, and unless we indicate otherwise, you ?

(a) grantANN Pharma and Food Solutions Private Limited and its affiliates a non-exclusive, royalty-free, irrevocable, perpetual and fully sub licensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and

(b) ANN Pharma and Food Solutions Private Limited and its affiliates and sub licensees the right to use the name that you submit in connection with such content, if they choose.

You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to ANN Pharma and Food Solutions Private Limited, including the execution of deeds and documents, at its request. ?You represent and warrant that you own or otherwise control all of the rights to the content that you post or that you otherwise provide on or through the website; that, as at the date that the content or material is submitted to SaveOnMedicals.com: (i) the content and material is accurate; (ii) use of the content and material you supply does not breach any applicable SaveOnMedicals.com policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory); (iii) the content is lawful. You agree to indemnify ANN Pharma and Food Solutions Private Limited and its affiliates for all claims brought by a third party against it or its affiliates arising out of or in connection with a breach of any of these warranties.

13.   Claims against Objectionable Content

Because SaveOnMedicals.com lists a lot of products for sale offered by sellers on the website and hosts a lot of comments, it is not possible for us to be aware of the contents of each product listed for sale, or each comment or review that is displayed. Accordingly, SaveOnMedicals.com operates on a "notice and takedown" basis. If you believe that any content on the website is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, (" Objectionable Content "), please notify us immediately through “contact us” link. SaveOnMedicals.com will make all reasonable endeavors to remove such Objectionable Content complained about within a reasonable time. ?

14.   Copyright, authors' rights and database rights

All content included on the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of ANN Pharma and Food Solutions Private Limited, its affiliates or its content suppliers and is protected by India and international copyright, authors' rights and database right laws. The compilation of all content on this website is the exclusive property of ANN Pharma and Food Solutions Private Limited and its affiliates and is protected by laws of India and international copyright and database right laws. All software used on this website is the property of ANN Pharma and Food Solutions Private Limited, its affiliates or its software suppliers and is protected by India and international copyright and author' rights laws. ?You may not systematically extract/ or re-utilize parts of the contents of the website without ANN Pharma and Food Solutions Private Limited and / or its affiliate's (as may be applicable) express written consent. In particular, you may not utilize any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilization of any substantial parts of this website, without ANN Pharma and Food Solutions Private Limited and / or its affiliate's (as may be applicable) express written consent. You may also not create and/ or publish your own database that features substantial (eg: prices and product listings) parts of this website without ANN Pharma and Food Solutions Private Limited and / or its affiliate's (as may be applicable) express written consent.

15.   Intellectual Property Claims

ANN Pharma and Food Solutions Private Limited and its affiliates respect the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please notify us immediately. SaveOnMedicals.com will take appropriate steps to correct the situation.

16.   Trademarks

SAVEONMEDICALS.COM and other marks indicated on our website are trademarks or registered trademarks of ANN Pharma and Food Solutions Private Limited or its subsidiaries (collectively "SaveOnMedicals"). SaveOnMedicals.com's graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of SaveOnMedicals. SaveOnMedicals's trademarks and trade dress may not be used in connection with any product or service that is not SaveOnMedicals's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits SaveOnMedicals. All other trademarks not owned by SaveOnMedicals that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by SaveOnMedicals.

17.   Disclaimer

You acknowledge and undertake that you are accessing the services on the website and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the website. We shall neither be liable nor responsible for any actions or inactions of sellers nor any breach of conditions, representations or warranties by the sellers or manufacturers of the products and hereby expressly disclaim and any all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between you and the sellers or manufacturers of the products. ?We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed or displayed or transacted or the content (including product information and/or specifications) on the website. While we have taken precautions to avoid inaccuracies in content, this website, all content, information, software, products, services and related graphics are provided as is, without warranty of any kind. We do not implicitly or explicitly support or endorse the sale or purchase of any products on the website. At no time shall any right, title or interest in the products sold through or displayed on the website vest with SaveOnMedicals nor shall SaveOnMedicals have any obligations or liabilities in respect of any transactions on the website.

18.   Indemnity and Release

You shall indemnify and hold harmless ANN Pharma and Food Solutions Private Limited, its subsidiaries, affiliates and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney's fees, made by any third party or penalty imposed due to or arising out of your breach of these Conditions of Use or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party. ?You hereby expressly release ANN Pharma and Food Solutions Private Limited and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the vendors and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise. ?

19.   Children

Use of SaveOnMedicals.com is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. If you are a minor i.e. under the age of 18 years, you will not be allowed to use SaveOnMedicals.com for any purchase.

20.   Other Businesses

Parties other than ANN Pharma and Food Solutions Private Limited and its affiliates may operate stores, provide services, or sell product lines on SaveOnMedicals.com. For example, businesses and individuals offer products via Marketplace. In addition, we provide links to the websites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant or endorse the offerings of any of these businesses or individuals, or the content of their websites. ANN Pharma and Food Solutions Private Limited does not assume any responsibility or liability for the actions, products, and content of any of these and any other third-parties. You can tell when a third-party is involved in your transactions, and we may share customer information related to those transactions with that third-party. You should carefully review their privacy statements and other conditions of use. ?

21.   Communications

When you visit SaveOnMedicals.com or send e-mails to us, you are communicating with us electronically. You will be required to provide a valid phone number while placing an order with us. We may communicate with you by e-mail, SMS, phone call or by posting notices on the website or by any other mode of communication. For contractual purposes, you consent to receive communications including SMS, e-mail or phone calls from us with respect to your order or other site related subjects.

22.   Losses

We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the website.

23.   Alteration of Service or Amendments to the Conditions

We reserve the right to make changes to our website, policies, and these Conditions of Use at any time. You will be subject to the policies and Conditions of Use in force at the time that you use the website or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

24.   Events beyond our reasonable control

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause, which is beyond our reasonable control. This condition does not affect your statutory rights.

25.   Governing law and Jurisdiction

These conditions are governed by and construed in accordance with the laws of India. You agree, as we do, to submit to the exclusive jurisdiction of the courts at New Delhi. 

26. Arbitration

All disputes will be subject to arbitration in New Delhi in English by a single arbitrator appointed by SaveOnMedicals.com under the Arbitration and Conciliation Act, 1996.

27.   Our Details

This website is operated by ANN Pharma and Food Solutions Private Limited. For the SaveOnMedicals.com website, you could reach us by using the “contact us” link of the site.

28. Our Contract

Your order is an offer to us to buy the product(s) in your order. When you place an order to purchase a product from us, you will receive an e-mail confirming receipt of your order and containing the details of your order (the "Order Confirmation E-mail"). The Order Confirmation E-mail is acknowledgement that we have received your order, and does not confirm acceptance of your offer to buy the product(s) ordered. We only accept your offer, and conclude the contract of sale for a product ordered by you, when the product is dispatched to you and an e-mail confirmation is sent to you that the product has been dispatched to you (the "Dispatch Confirmation E-mail"). If your order is dispatched in more than one package, you may receive a separate Dispatch Confirmation E-mail for each package, and each Dispatch Confirmation E-mail and corresponding dispatch will conclude a separate contract of sale between you and us for the product(s) specified in that Dispatch Confirmation E-mail. ?Your contract is with us (the Sellers) and you confirm that the product(s) ordered by you are purchased for your internal / personal purpose and not for re-sale. You authorize us to declare and provide declaration to any governmental authority on your behalf stating the aforesaid purpose of the products ordered by you on the website. ?You can cancel your order for a product at no cost any time before we send the Dispatch Confirmation E-mail relating to that product. ?Please note that we sell products only in quantities, which correspond to the typical needs of an average household. This applies both to the number of products ordered within a single order and the placing of several orders for the same product where the individual ordercomprises a quantity typical for a normal household.

29.   Returns

Please review our Returns Policy, which applies to products sold by us.

30.   Product availability

We list availability information for products sold by us on the website, including on each product information page. Beyond what we say on that page or otherwise on the website, we cannot be more specific about availability. Please note that dispatch estimates are just that. They are not guaranteed dispatch times and should not be relied upon as such. As we process your order, you will be informed by e-mail if any products you order turn out to be unavailable.

31.   Pricing Information

While we strive to provide accurate product and pricing information, pricing or typographical errors may occur. We cannot confirm the price of a product until after you order. In the event that a product is listed at an incorrect price or with incorrect informationdue to an error in pricing or product information, we shall have the right, at our sole discretion, to refuse or cancel any orders placed for that product, unless the product has already been dispatched. In the event that an item is mis-priced, we may, at our sole discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has been dispatched, your offer will not be deemed accepted and we will have the right to modify the price of the product and contact you for further instructions using the e-mail address or the contact number provided by you during the time of registration, or cancel the order and notify you of such cancellation. In the event we accept your order the same shall be debited to your credit / debit card account and duly notified to you by email or the contact number, as the case may be, that the payment has been processed. The payment may be processed prior to dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed back to your credit / debit card account. We strive to provide you with best value, however prices and availability are subject to change without notice. All prices are inclusive of VAT unless stated otherwise. Services however are listed exclusive of service tax as rules for service tax vary with different services.

Our promotional offers/discounts are not sitewide and are limited to selected categories. Coupon codes may not be applicable on categories like diapers, baby food etc. or such other product or service as may be determined by us in our sole discretion.

32.   Taxes

You shall be responsible for payment of all fees/costs/charges associated with the purchase of products from us and you agree to bear any and all applicable taxes/VAT, cesses etc. levied thereon.

33.   Termination

This User Agreement is effective unless and until terminated by either you or us. You may terminate this User Agreement at any time by informing us in writing through Indian postal system by registered post, that you no longer wish to be associated with this Website, provided that you discontinue any further use of this Website. We may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Website. Such termination will be without any liability to SaveOnMedicals.com. Upon any termination of the User Agreement by either you or us, you must promptly destroy all materials downloaded or otherwise obtained from this Website, as well as all copies of such materials, whether made under the User Agreement or otherwise. Our right to any Comments shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for the product already ordered from the Website or affect any liability that may have arisen under the User Agreement.

34.    Entire Agreement

If any part of this User Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the User Agreement shall continue in effect. Unless otherwise specified herein, this User Agreement constitutes the entire agreement between you and us with respect to the Websites/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Websites/services. Our failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.