Please read these terms carefully before using the Website. Using the Website indicates that you accept these terms regardless of whether or not you choose to register with us. If you do not accept these terms, do not use the Website.
This website [●] is owned and operated by [●] Private Limited (“Owner”), having its registered office at [●]. By visiting our website and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as ‘Agreement’), along with the terms and conditions as stated in our Privacy Policy. Capitalized words are defined in the relevant dedicated section of this document.
“This Website” refers to
this website, including its subdomains and any other website through which the Owner makes its Service/products available; the Application Program Interfaces (API); the Service; any applications, sample and content files, source code, scripts, instruction sets or software included as part of the Service, as well as any related documentation;
We reserve the right to change this Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.
THE USER MUST READ THIS DOCUMENT CAREFULLY.
PLEASE CAREFULLY READ THE FOLLOWING TERMS OF USE OF THE WEBSITE. THESE TERMS OF USE, TOGETHER WITH THE PRIVACY POLICY AVAILABLE AT [Insert Hyperlink of privacy policy] AND OTHER POLICIES WHICH MAY BE APPLICABLE TO SPECIFIC PORTIONS OF THIS WEBSITE CONSTITUTE THE TERMS OF YOUR ACCESS TO AND USAGE OF THE WEBSITE. BY CLICKING ON THE ‘I ACCEPT’ BUTTON AT THE END OF THIS PAGE OR ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE, THE PRIVACY POLICY AND OTHER POLICIES WHICH MAY BE APPLICABLE TO THIS WEBSITE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, THE PRIVACY POLICY AND OTHER POLICIES WHICH MAY BE APPLICABLE TO SPECIFIC PORTIONS OF THIS WEBSITE PLEASE DO NOT ACCESS OR USE THE WEBSITE
The features / services of this Website are available only in India. However Un-registered Users outside India may browse through the information provided in the Website.
The Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you.
1. TERMS OF USE
The use of the Website is offered to you conditioned on acceptance without modification of all the terms, conditions and notices contained in these Terms, as may be posted on the Website from time to time. Owner in at its sole discretion reserves the right not to accept a User from registering on the Website without assigning any reason thereof.
Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.
By using this Website, Users confirm to meet the following requirements:
There are no restrictions for Users in terms of being Consumers or Business Users;
2. ACCOUNT REGISTRATION
In consideration of your use of the Website, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Website (“Registration Details”); (b) maintain and promptly update the Registration Details, and any other information you provide to Company, to keep it accurate, current and complete.
The Users are responsible for keeping their login credentials confidential and safe. For this reason, Users are also required to choose passwords that meet the highest standards of strength permitted by this Website.
By registering, Users agree to be fully responsible for all activities that occur under their username and password.
The Users are required to immediately and unambiguously inform the Owner via the contact details indicated in this document, if they think their personal information, including but not limited to User accounts, access credentials or personal data, have been violated, unduly disclosed or stolen.
3. ACCOUNT TERMINATION
The Users can terminate their account and stop using the Service at any time by doing the following:
By directly contacting the Owner at the contact details provided in this document. The Users may also click on Unsubscribe to stop receiving the emails and terminate the account.
4. ACCOUNT SUSPENSION & DELETION
The Owner reserves the right, at its sole discretion, to suspend or delete at any time and without notice, User accounts which it deems inappropriate, offensive or in violation of these Terms.
The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages or reimbursement.
The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.
5. CONTENT ON THIS WEBSITE
Unless where otherwise specified or clearly recognizable, all content available on this Website is owned or provided by the Owner or its licensors.
The Owner undertakes its utmost effort to ensure that the content provided on this Website infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result.
The Owner undertakes its utmost effort to ensure that the content provided on this Website infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result.
In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.
Rights regarding content on this Website – All rights reserved The Owner holds and reserves all intellectual property rights for any such content.
Users may not therefore use such content in any way that is not necessary or implicit in the proper use of the Service.
In particular, but without limitation, Users may not Defame, abuse, harass, stalk, threaten, copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on this Website, nor allow any third party to do so through the User or their device, even without the User’s knowledge.
Where explicitly stated on this Website, the User may download, copy and/or share some content available through this Website for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented.
Any applicable statutory limitation or exception to copyright shall stay unaffected.
6. CONTENT PROVIDED BY USERS
The Owner allows Users to upload, share or provide their own content to this Website.
By providing content to this Website, Users confirm that they are legally allowed to do so and that they are not infringing any statutory provisions and/or third-party rights.
Further insights regarding acceptable content can be found inside the section of these Terms which detail the acceptable uses.
7. RIGHTS REGARDING CONTENT PROVIDED BY USERS
Users acknowledge and accept that by providing their own content on this Website they grant the Owner a perpetual, a non-exclusive, non-revocable, worldwide, fully paid-up and royalty-free license to process such content solely for the operation and maintenance of this Website as contractually required including the right to copy, distribute, display, reproduce, modify, adapt, the User content, as the case may me, and create derivate works of the User content, as the case may be..
To the extent permitted by applicable law, Users waive any moral rights in connection with content they provide to this Website.
Users acknowledge, accept and confirm that all content they provide through this Website is provided subject to the same general conditions set forth for content on this Website.
8. LIABILITY FOR PROVIDED CONTENT
Users are solely liable for any content they upload, post, share, or provide through this Website. Users acknowledge and accept that the Owner does not filter or moderate such content.
However, the Owner reserves the right to remove, delete, block or rectify such content at its own discretion and to, without prior notice, deny the uploading User access to this Website:
if any complaint based on such content is received;
if a notice of infringement of intellectual property rights is received; upon order of a public authority; or
where the Owner is made aware that the content, while being accessible via this Website, may represent a risk for Users, third parties and/or the availability of the Service. The removal, deletion, blocking or rectification of content shall not entitle Users that have provided such content or that are liable for it, to any claims for compensation, damages or reimbursement. Users agree to hold the Owner harmless from and against any claim asserted and/or damage suffered due to content they provided to or provided through this Website.
9. ACCESS TO EXTERNAL RESOURCES
Through this Website Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.
Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.
In particular, on this Website Users may see advertisements provided by third parties. The Owner does not control or moderate the advertisements displayed via this Website. If Users click on any such advertisement, they will be interacting with any third party responsible for that advertisement.
The Owner is not responsible for any matters resulting from such interaction with third parties, such as anything resulting from visiting third-party websites or using third-party content.
10. ACCEPLTABLE USE
This Website and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.
Users are solely responsible for making sure that their use of this Website and/or the Service violates no applicable law, regulations or third-party rights.
Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests including by denying Users access to this Website or the Service, terminating contracts, reporting any misconduct performed through this Website or the Service to the competent authorities – such as judicial or administrative authorities – whenever Users engage or are suspected to engage in any of the following activities:
- violate laws, regulations and/or these Terms;
- infringe any third-party rights;
- considerably impair the Owner’s legitimate interests;
- offend the Owner or any third party.
- API usage terms
Users may access their data relating to this Website via the Application Program Interface (API). Any use of the API, including use of the API through a third-party product/service that accesses this Website, is bound by these Terms and, in addition, by the following specific terms:
the User expressly understands and agrees that the Owner bears no responsibility and shall not be held liable for any damages or losses resulting from the User’s use of the API or their use of any third-party products/services that access data through the API.
11. ORDERING
The Users may place the order for purchasing such products displayed for sale on the Website and this order of the User shall be processed by Owner as per its internal rules, policies and practice, including but not limited to what is stated along with the display of the products on the Website, as visible to the User. The User agrees and accepts that in order to successfully place an order through this Website, he/she is required to follow all the steps as detailed along with the display of the products on the Website which shall also include
Using the required mode of payment facility i.e. ‘cash on delivery’ or UPI payment or ‘credit/debit card’ or ‘net-banking’;
Submitting the correct personal details viz. full description of the address wherein the products shall be delivered, contact numbers, e-mail address etc.
The User agrees that any authorized representative of Owner or its distributor who has listed the said products (ordered by the User) on the Website may contact via telephone or email the User prior to the delivery of the product for the purpose of confirmation of the address or otherwise. The User agrees to attend to such phone calls and co-operate with such individual with respect to such delivery. If the User has availed the cash on delivery facility then the consideration for the products(s) delivered along with the shipping charges and other charges as may be applicable and as set-out in the invoice attached with the products delivered, shall be paid by the User to such authorized representative of Owner.
12. PRICING
The price of the products listed on the Website and as displayed on the Website, along with the replacement and refund policies, modes of payment available etc., have been solely and absolutely decided and put up by Owner and the same are absolute and non-negotiable.
13. CANCELLATION
The Users may place their orders for cancellation of the products within [●] days from the date of placing the order, by following the instructions as have been stated visibly along with the display of the products on the Website or by contacting the helpdesk at the e-mail id: [●] and / or telephone number: [●].
Pursuant to the ‘Ordering’ clause hereinabove, if the User is not present to accept the delivery of the products at the specified address stated while ordering and/or fails to respond to the telephone calls made by such authorized representative prior to the delivery, shall be deemed by Owner to be the cancellation of the of the order by the User.
14. REPLACEMENT
After completion of the delivery of the products, subject to the necessary provisions on the Website specified with respect to such products individually and particularly, the User may apply through the Website for the replacement of such products (provided they are in good working condition) with similar products by providing the reason(s) for the same, within such number of days as specified with respect to such products on the Website. Upon receiving for such an application for replacement, Owner shall arrange for such facilities for replacing the products accordingly within [●] days, through its authorized representative. In the event any further payment required to be made on account of delivery charges or replacement benefit charges, then the same shall be payable by the User to Owner through such authorized representative.
15. REFUND
Upon delivery of damaged products or wrongful delivery of products, the User may return the products by contacting Owner / the distributor of the products and obtaining the refund of the entire consideration or part of the consideration paid by the User for such products, as per the refund facility made available on such products, if any, on case to case basis.
16. LINKS TO THIRD PARTY WEBSITES
You may be provided with links on the Website that direct You to third party websites / applications / content or service providers, including advertisers and e-commerce websites (collectively “Third Party Websites”).
Owner does not endorse any Third Party Websites that You may be directed to from the Website.
Links to such Third Party Websites are provided for Your convenience only. Please exercise Your independent judgment and prudence when visiting / using any Third Party Websites via a link available on the Website. Should You decide to click on the links to visit such Third Party Website, You do so of Your own volition. Your usage of such Third Party Websites and all content available on such Third Party Websites is subject to the terms of use of the respective Third Party Website and Owner is not responsible for Your use of any Third Party Websites.
the inclusion of any link does not imply endorsement by Owner or the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof.
17. PROPRIETARY RIGHTS
Owner respects the intellectual property rights of others, and We expect the same from You. The Website, User content and the Owner content are protected by applicable intellectual property laws of India.
Owner’s Rights to the Website and Owner Content
- All intellectual property in and to the Website, any software, techniques and processes used in connection with the Website, belongs exclusively to Owner or its licensors. Through Your use of the Website, by no means you have any rights impliedly or expressly granted by Owner to You in respect of such works.
- Owner and/or its licensors assert all proprietary rights in and to all names and trademarks contained on the Website. Notwithstanding the generality of the foregoing, the name, “Owner” is the trademark and copyright (or any other intellectual property right) of Owner and/or its licensors. Any use of the Owner’s trademarks or copyright, unless otherwise authorized in a written agreement, will constitute an infringement upon the trademark and copyright (or any other such intellectual property right) of Owner and may be actionable under the applicable laws.
- Except as stated otherwise in this Agreement all Owner Content (including all intellectual property rights to such content) is owned exclusively by Owner and/or its licensors.
- Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring on You any license to intellectual property rights, whether by estoppel, implication, or otherwise.
- Unless expressly authorized by Owner, You agree not to reproduce, modify, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Owner Content, in whole or in part, by any means. You must not remove or modify any copyright or trademark notice, or other notice of ownership.
18. PERSONAL INFORMATION
We may collect various personal information from You when You use the Website and or the features provided by the Website.
Our Privacy Policy available at [●] sets out Our policy with respect to the collection, storage, use, transfer and protection of any such personal information.
When You click on the ‘I accept’ or ‘I agree’ tab at the time of registering or otherwise provide Your personal information, You specifically consent to Our Privacy Policy.
Owner may disclose Your Personal Information in accordance with applicable law.
19. LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, in no event will Owner or its affiliates be liable for any direct, indirect, special, incidental, punitive, exemplary or consequential damages (including, without limitation, loss of business, revenue, profits, goodwill), whether or not Owner has been warned of the possibility of such damages or could have reasonably foreseen such damages. Notwithstanding anything to the contrary in this Agreement, Owner’s liability under this Agreement to YOU shall in no event exceed the fee amounts collected from You in the preceding one year or INR [●] whichever is lower.
20. REPRESENTATION AND WARRANTIES
By Using This Website You Represent And Warrant That:
You are 18 years of age or older and that Your use of the Website shall not violate any applicable law or regulation;
All registration information You submit is truthful and accurate and that You agree to maintain the accuracy of such information;
You as a registered or un-registered User will use the Website solely for Your personal and non-commercial use. Any use of this Website or its content other than for personal purposes is prohibited.
Your use of this Website shall be subjected to the following restrictions:
- You will not delete or modify any content of the Website including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that You do not own or have express permission to modify;
- You will not decompile, reverse engineer, or disassemble the content, or
- You will not remove any copyright, trademark registration, or other proprietary notices from the Website. You further agree not to access or use this Website in any manner that may be harmful to the operation of this Website or its content.
You will not use the Website and / or services in any way that is unlawful, or harms the Owner or any other person or entity, as determined in the Owner’s sole discretion.
You will not engage in any form of antisocial, disrupting, or destructive acts, including “flaming”, “spamming”, “flooding”, “trolling”, “phishing” and “griefing” as those terms are commonly understood and used on the Internet.
You will not host, display, upload, modify, publish, transmit, update or share any information that —
- belongs to another person and to which the user does not have any right to;
- is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
- harm minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights(s), violates any law for the time being in force;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonate another person;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
- No advice or information, whether oral or written, obtained by you from Owner or through or from the Owner service shall create any warranty not expressly stated in this Agreement.
21. INDEMNIFICATION
You hereby indemnify, defend, and hold Owner, the Owner’s distributors, agents, representatives and other authorized users (registered and un-registered Users, our Healthcare practioners), and each of the foregoing entities’ respective resellers, distributors, service providers and suppliers, and all of the foregoing entities’ respective officers, directors, owners, employees, agents, representatives, harmless from and against any and all losses, damages, liabilities and costs arising from (i)Your use of the Website (ii) Your breach of provisions of this Agreement and (iii) any negligent or intentional wrongdoing on Your part.
22. GOVERNING LAW AND JURISDICTION
The interpretation of this Agreement and the resolution of any disputes arising under this Agreement shall be governed by the laws of India.
23. MODIFICATIONS
Owner reserves the right to modify any part of the Agreement at any time without giving You prior notice.
When we update the Agreement, the next time You visit the Website, the Website will provide a message to you (which may be sent by email if You have provided Your Email Id) which will intimate You of the amendments. You do not agree to the amendments, please do not use the Website any further.
24. ARBITRATION
Any dispute, claim or controversy arising out of or relating to this notice or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, or to Your use of the Website or its features or the information to which it gives access, shall be determined by arbitration in India, before a single arbitrator in accordance with the Arbitration and Conciliation Act, 1996. The venue of such arbitration shall be Mumbai, India. The governing law of the Agreement shall be the substantive law of India. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the Parties.
The Parties shall have the right to apply to a court of competent jurisdiction to obtain interim injunctive relief in respect of any dispute, pending resolution of such dispute in accordance with the Agreement.
25. GENERAL PROVISIONS
Severability: If any provision of this Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from the Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.
Notices: All notices and other communications required or permitted hereunder to be given to a Party shall be in writing, in the English language, and shall be sent by facsimile, e-mail, or mailed by prepaid internationally-recognized courier, or otherwise delivered by hand or by messenger, addressed to such Party’s address as set forth below or at such other address as the Party shall have furnished to the other Party in writing in accordance with this provision:
If to Owner:
[●]
If to You:[●]
at the email address provided by You to us when You registered as a Owner User.
Waiver: No term of the Agreement shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented. Any consent by any Party to, or waiver of a breach by the other, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
Complete Understanding: The Agreement contain the entire understanding of the Parties, and there are no other written or oral understandings or promises between the Parties with respect to the subject matter of the Agreement other than those contained or referenced in the Agreement.
Force Majeure: Owner shall not be liable for any downtime or delay or unavailability of the Website caused by circumstances beyond Owner’s reasonable control, including without limitation, acts of God, acts of government, floods, fires, earthquakes, civil unrest, acts of terror, strikes or other labour problems, internet service provider failures or delays, or denial of service attacks.
Advice of Counsel: Each Party acknowledges: (a) having fully read the Agreement in its entirety; (b) having had full opportunity to study and review the Agreement.
Advertisement: Owner shall have the right to place advertisements and publicity materials of its choice, including that pertaining to parties other than itself for commercial use through electronic means on the Website.
Assignment: You may not assign or sub-license, without the prior written consent of Owner, the rights, duties or obligations under this Agreement, in whole or in part, to any person or entity.
26. LEGAL DISCLAIMER
While we ensure that all product information on the platform is complete and accurate, however, we advise you not to solely rely on this information. It is recommended to refer to the product specifications provided by the manufacturer either on their website or along with the product.
This is applicable for all warnings, labels, ingredients and usage directions as well.
The use of any information provided on this platform is solely at the User’s risk. Nothing contained on this platform shall be considered as medical advice.
27. REPORT ABUSE
As per these Terms, users are solely responsible for every material or content uploaded on to the Website. Users can be held legally liable for their contents and may be held legally accountable if their contents or material include, for example, defamatory comments or material protected by copyright, trademark, etc. If you come across any abuse or violation of these Terms, please report to [●]
Chairside Division of Laxmi Dental Export Pvt Ltd
Address: 402, Akruti Arcade, J P Road, Opp A H Wadia School, Andheri West, Mumbai, Maharashtra, 400058