Terms and Conditions

DISCLAIMER:

  • This document is an electronic record in terms of the Information Technology Act, 2000 and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as applicable from time to time.
  • This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and terms of use for access or usage of vitamed.co website.
  • This electronic record is generated by a computer system and does not require any physical or digital signatures for validation, consent or acceptance.
  • By visiting vitamed.co you agree to the terms and conditions set out herein below.

    • PURPOSE OF PORTAL:

  • vitamed.co (E-Commerce Portal) developed and operated by Vitamed Logistics Private Limited (“Company”), a company incorporated under the Companies Act, 2013 having its registered office at SKCL Harmony Square 1st Floor, 48 & 50 Prakasam Street, T. Nagar, Chennai, Tamil Nadu 600017.
  • The E-Commerce Portal provides a platform to bring together people, companies, hospitals, nursing homes, medical practitioners, distributors/large scale retailors of medical equipments across certain locations within India etc that are willing to buy medical equipments (“Buyers”) and companies/entities etc who are either in the business of manufacturing medical equipment or authorized distributors of manufacturer of medical equipment (“Vendor”) that are willing to sell medical equipments.
  • The E-Commerce Portal is an attempt to build a close community that would showcase its capabilities with each other in all honesty/transparency and facilitate/promote togetherness and growth of the Buyer/Vendor community at an individual level and of the community as a whole within India (“Purpose”).
  • The E-Commerce Portal’s endeavor is to ease out the ability of a Vendor to showcase its available products which in turn may enable prospective Buyer to purchase the same with relative ease at competitive prices. On the E-Commerce Portal, a Buyer may browse the available products, profiles of Vendors who are offering such products and details of the products.
  • Use of the E-Commerce Portal is offered to both Vendor and Buyer (together hereinafter referred to as “User”), subject to acceptance of all the terms, conditions and notices contained herein (“Terms”) including applicable policies which are incorporated herein by reference, along with any amendments / modifications made by the Company at its sole discretion and posted on the E-Commerce Portal, including by way of imposing an additional charge for access to or use of a service(s).

    • DEFINITIONS:

    For the purpose of these Terms, wherever the context so requires the following shall be defined as follows:

  • “Account Information” shall include the following details and such other details that the Company may require from time to time from the User, for use of the E-Commerce Portal:
  • In case of medical practitioners: Name, telephone number, address, PAN Card, MCI registration, specialty, name of hospital/clinic associated with.
  • In case of medical establishment: Name and nature of establishment, address, details of contact person with designation, CIN Number (if applicable), GST Number, PAN card, Medical License/Hospital License.
  • In case of suppliers/distributors: Name and nature of establishment, address, details of contact person with designation, CIN Number (if applicable), GST Number, PAN card, trade/business license.
  • “Company” shall mean Vitamed Logistics Private Limited.
  • “Content” shall include the E-Commerce Portal 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.
  • “E-Commerce Portal/vitamed.co” shall mean the e- commerce website developed and operated by Vitamed Logistics Private Limited to bring together companies, hospitals, nursing homes, medical practitioners, etc that are willing to buy and sell medical equipments.
  • “Marks” shall include the trademarks, logos and service marks displayed on the E-Commerce Portal.
  • “Products” shall include a wide assortment of medical goods including, consumable, devices, instruments and equipment displayed for sale on the E-Commerce Portal.
  • “Services" shall mean any service offered or rendered by Company through its E-Commerce Portal.
  • “Terms” shall mean all the terms, conditions and notices contained in the E-Commerce Portal.
  • “Third Party Content” shall include general third party information such as, catalogues, lists of Vendors, technology and features, advertisements including videos, images and photographs of the products and other data from external sources.
  • “User Account” shall mean the account created in the E- Commerce Portal by furnishing Account Information required by the Company.
  • “You/Your/User” shall mean any person who accesses, downloads, installs, utilizes, transacts, operates or views the E- Commerce Portal.

    • ACCEPTANCE OF TERMS:

  • Visiting, dealing, transacting and/or otherwise using this E- Commerce Portal by the User shall be treated as acceptance of these Terms in entirety. There may be an instruction given during the course of every transaction to enable the User to express acceptance or rejection of these Terms. The User must exercise the option of acceptance of the Terms by clicking on "I Agree" or "I do not Agree".
  • By clicking on "I Agree", it shall be deemed that the User has accepted these Terms fully and has gone through and understood these Terms completely and these Terms shall be a legally binding and enforceable agreement between the Company and the User.
  • If the User/Vendor does not agree with any or all of these Terms, then the User/Vendor should stop dealing with and/or initiate and do any transaction on E-Commerce Portal. These Terms, shall apply in addition to and in terms of any agreement executed by a User/ Vendor with the Company as the case may be.

    • MODIFIED/SUPPLEMENTARY TERMS:

  • The Company reserves the right at all times to discontinue, supplement or modify any of the Terms as may be deemed necessary or desirable without prior notification to the User. Such changes may include, among other things, the adding of certain fees or charges.
  • The Company therefore recommends that the User regularly revisits and reads the Terms from time to time in order that the User stays informed/ updated with any such changes. If the Company makes changes to the Terms and the User does not view those changes, nevertheless the User shall remain bound by the Terms of the E-Commerce Portal.
  • Any such deletions or modifications shall be effective immediately upon the Company posting thereof on the E-Commerce Portal. Any use of the E-Commerce Portal by the User after putting up of such notice on the E-Commerce Portal shall be deemed to constitute acceptance by the User of such modifications irrespective of whether the notice has been actually reviewed by the User.

    • PRODUCTS:

  • The sale and purchase between the registered Users of Products, facilitated by an order placed by User on the E-Commerce Portal shall be governed by these Terms.
  • Company shall not be liable in any manner for any Product including its delivery of the Product to a User. The E-Commerce Portal is for use by registered Users strictly for the purpose only.

    • ELIGIBILITY TO USE:

  • In order to conduct transactions in the E-Commerce Portal, the User or it authorized representative must be above eighteen (18) years of age or any establishment, competent to enter into a valid contract under the Indian Contract Act, 1872 shall be eligible to visit, use, deal and/or transact on/at the E-Commerce Portal.
  • User agrees to be financially responsible for all of User's use of the services and access of the E-Commerce Portal (as well as for use of User's account by others, including without limitation minors living with User). User warrants that the Account Information supplied by User in using the services and accessing the E-Commerce Portal, is correct and accurate.
  • Failure to provide accurate information may subject the User to civil and criminal penalties. Any use of the Platform or services by ‘bots’ or other automated tools or methods is not permitted under these Terms and performing the obligations set out hereunder. The Vendor represents and warrants that he/she is capable of entering into contracts, eligible to visit, use, deal and/or transact on/at the E-Commerce Portal. The E-Commerce Portal reserves the right to disallow the User from using the platform in the event that the eligibility criteria set out in this clause are not met.

    • USER ACCOUNT, PASSWORD, AND SECURITY:

  • The E-Commerce Portal requires User to register a User Account in order to avail the Services provided by the E-Commerce Portal.
  • The User understands and acknowledges that the Products available on the E-Commerce Portal are on for only business to business sale and not for business to consumer sale. User understands that certain Products can be sold/ purchased only if the User is registered on the E-Commerce Portal as a business.
  • The User will have to submit Account Information as the Company may require. The User shall be solely responsible for the accuracy and correctness of all such details/information given for creating a User Account. The Company shall be entitled to cross verify those details, if it deems fit.
  • If the Company has reason to doubt the correctness of any details/information furnished by User or in case any information furnished by User is found incorrect, false or misleading then the Company shall be entitled to cancel or suspend the registration of User permanently or for such period as the Company deems fit.
  • The User will be required to enter a valid phone number while registering and placing an order on the E-Commerce Portal. By registering the phone number on the E-Commerce Portal, the User consents to be contacted by the Company via phone calls and/or SMS notifications, in case of any order or shipment or delivery related updates. User hereby expressly agrees to receive communications by way of SMS, e-mails from company, phone calls relating to the Products offered through the E-Commerce Portal.
  • The User can unsubscribe / opt-out from receiving communications from the Company through SMS and e-mail anytime by clicking on the unsubscribe option attached at the bottom of newsletter received through e-mail
  • Users will be responsible for maintaining the confidentiality of their Account Information, and are fully responsible for all activities that occur under the User’s Account.
  • User agrees to (a) immediately notify Company of any unauthorized use of its User Account or Account Information or any other breach of security, and (b) ensure that User exits / logs out from its User Account at the end of each session. Company will not be liable for any loss or damage arising from User’s failure to comply with this section.
  • User may be held liable for losses incurred by Company or any other User of or visitor to the E-Commerce Portal due to authorized or unauthorized use of its User Account as a result of User’s failure in keeping Vendor/User’s Account Information secure and confidential or otherwise.
  • The Company is not responsible for any damages incurred as a result of any fraudulent sending messages over the internet or any other electronic medium by the User.

    • VERIFICATION OF IDENTITY:

  • All persons who use or wish to use the platform offered by Company through proper registration shall be subject to identity verification and regular Know Your Customer (“KYC”) compliance requirements. It is the duty of the User to comply with this KYC requirement in order to ensure that it does not abuse the relationship with the Company for any illegal purposes. Any action, including those that might not have been foreseen and included in these terms, that has the effect of the abuse as contemplated above shall not be permitted under these terms.
  • The Company reserves the right to decline any business proposal or transaction, at its discretion, with present as well as prospective Users at all times. It is the discretion of Company to suspend or terminate any action in favor of the User until a reasonable and satisfactory explanation with supporting documents is provided, on suspicion of the User abusing the relationship as contemplated above.
  • Company shall appoint a competent and qualified employee as a KYC Policy Compliance Personnel (“Compliance Personnel”) who shall review and update the KYC to ensure compliance with all relevant and applicable legislation, regulations and recommendations.
  • The User acknowledges that Company collects the basic information from its Users for its records.
  • Users are obligated to comply with the requests or enquiries of the Compliance Personnel and provide any of the information or documents upon request, by the Compliance Personnel.
  • Company reserves the right to amend, the KYC compliances, so as to include new procedure and exclude any existing procedures as may be permissible, for the purpose of these terms. It is the duty of the User to update and comply at all times with the KYC compliance as and when updated.

    • PRICING INFORMATION AND PAYMENT:

  • The Company endeavors to provide User with the best prices on the Products. The pricing details for purchase of Products from the E-Commerce Portal are detailed under these Terms as: (a) All commercial terms such as price, delivery, dispatch of Products are on principal-to-principal basis between Buyer and the Vendor to the exclusion of the Company.
  • User’s relationship with Company is on a principal to principal basis and by accepting these Terms the User agrees that Company is an independent contractor and a mere facilitator for all purposes, and does not have control of or liability for the Products or services that are listed/ offered on the E-Commerce Portal. Company does not guarantee the identity of any Vendor nor does it ensure that a Buyer or the Vendor will complete a transaction.
  • Buyer understands that by placing an order on the E-Commerce Portal the Buyer is making an offer to the Vendor and once the order is accepted by the Vendor, the Buyer is entering into a legally binding and enforceable contract with the Vendor to purchase the Products from the Vendor on cash on delivery basis or such other mode as may be specified by Vendor.
  • User shall electronically notify the Company using the Company’s appropriate E-Commerce Portal features immediately upon delivery or non-delivery within the time period as provided in these Terms. Non notification by User of delivery or non-delivery within the time period specified in the Terms shall be construed as a deemed delivery in respect of that particular order.
  • User shall be entitled to claim a refund of the transaction price (as User’s sole and exclusive remedy) in case the User does not receive the delivery within the time period agreed in the transaction or within the time period as provided in these Terms, whichever is earlier. In case User does not raise a refund claim using E-Commerce Portal features within the stipulated time then this would make User ineligible for a refund.
  • Refund shall be made in to a bank account held in India in Indian Rupees only and shall be equivalent to the transaction price received in Indian Rupees subject to retentions if any.
  • Refund shall be subject to User complying with these Terms.
  • Company reserves the right to refuse to process orders/requisitions from an User with a history of non-payments or delayed payments.
  • The User acknowledges that the Company will not be liable for any damages, interests or claims etc. resulting from not processing of an order or any delay in processing of an order. The Vendor will be liable for all refunds under any circumstances.
  • User acknowledges that the Company is a mere facilitator and does not fall within the purview of the Drugs and Cosmetics Act, 1940, The Pharmacy Act, 1948, The Sale of Goods Act, 1930 and the rules framed thereunder or any other statute or law governing the Products, however, the User is bound by the applicable laws in force.
  • The Company accepts payment by Visa, Maestro and MasterCard, where the option is made available by Vendor. Buyer agrees that the credit/debit card details provided by Buyer for making payments for Products purchased through vitamed.co, either through the on-line payment gateway mechanism will be correct, current, complete and accurate and Buyer shall not use the credit card/ debit card or any other bank account which is not lawfully owned by the User. The information provided by the Buyer will not be shared by Company with any of the third parties unless required by law, regulation or court order or for facilitating and completing the purchases made by Buyer or Vendor will not be responsible for any financial loss, inconvenience or mental agony resulting from misuse of User's password/credit card number/account details in anyway.

    • USER OBLIGATIONS:

  • Subject to compliance with these Terms, the Company grants User a personal, non-exclusive, non-transferable, limited privilege to access and use this E-Commerce Portal and the services provided herein.
  • User agrees to use the services, E-Commerce Portal and the materials provided therein only for purposes that are permitted by: (a) the Terms; and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
  • User agrees to adhere to all limitations on dissemination, use and reproduction of any materials (such as the Product catalogues) that User accesses on the E-Commerce Portal in accordance with the Terms. User agrees not to access (or attempt to access) the E-Commerce Portal and the Products or services by any means other than through the interface that is provided by the Company.
  • User shall not access, acquire, copy or monitor any portion of the E-Commerce Portal or Content (as defined below), or in any way reproduce the structure or presentation of the E-Commerce Portal, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the E-Commerce Portal.
  • User acknowledges and agrees that by accessing or using the E- Commerce Portal or Services, User may be exposed to content from other users that User may consider offensive, indecent or otherwise objectionable.
  • The Company disclaims all liabilities arising in relation to such offensive content on the E-Commerce Portal. Further, User may report such offensive content in the manner prescribed under the Terms.

    • PROHIBITED USE:

  • If the E-Commerce Portal allows the User to post and upload any material on the E-Commerce Portal, User hereby undertake to ensure that such material is not offensive and in accordance with applicable laws. As a condition of the use of the Platform, the User/Vendor will not use the same for any purpose other than that is unlawful or is prohibited by these Terms and conditions or by any applicable law such as Drugs and magic remedies (objectionable) advertisements Act 1954 and Narcotics and psychotropic substances Act,1985.
  • Further, User undertakes not to host, display, upload, modify, publish, transmit, update or share any information on the E- Commerce Portal that :
  • Belongs to another person and to which User does not have any right to
  • Is grossly harmful, harassing, Blasphemous, Defamatory, obscene, pornographic, pedophilic, libelous, 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;
  • Violates any law time being in force;
  • Impersonate another person or entity, or falsely state or otherwise misrepresent User’s affiliation with a person or entity;
  • Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  • 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 cognisable offence or prevents investigation of any offence or is insulting any other nation
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information through any bookmark, tag or keyword;
  • Upload files that contain software or other material protected by applicable intellectual property laws unless the User owns or controls the rights thereto or has received all necessary consents;
  • Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the E-Commerce Portal or another's computer;
  • Engage in any activity that interferes with or disrupts access to the E-Commerce Portal or the services (or the servers and networks which are connected to the E-Commerce Portal);
  • Attempt to gain unauthorized access to any portion or feature of the E-Commerce Portal, any other systems or networks connected to the E-Commerce Portal, to any Company server, or to any of the services offered on or through the E-Commerce Portal, by hacking, password mining or any other illegitimate means;
  • Probe, scan or test the vulnerability of the E-Commerce Portal or any network connected to the E-Commerce Portal, nor breach the security or authentication measures on the E-Commerce Portal or any network connected to the E- Commerce Portal. User may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the E-Commerce Portal, or any other customer of company, including any company Account not owned by User, to its source, or exploit the E-Commerce Portal or service or information made available or offered by or through the E-Commerce Portal, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than User’s own information, as provided for by the E-Commerce Portal;
  • Disrupt or interfere with the security of, or otherwise cause harm to, the E-Commerce Portal, systems resources, accounts, passwords, servers or networks connected to or accessible through the E-Commerce Portals or any affiliated or linked sites;
  • Collect or port data about other Users in connection with the prohibited conduct and activities set forth in this section.
  • Use any device or software to interfere or attempt to interfere with the proper working of the E-Commerce Portal or any transaction being conducted on the E-Commerce Portal, or with any other person's use of the E-Commerce Portal;
  • Use the E-Commerce Portal or any material or Content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of the Company or other third parties;
  • Conduct or forward surveys, contests, pyramid schemes or chain letters;
  • Download any file posted by another User of a service that the User know, or reasonably should know, cannot be legally distributed in such manner;
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
  • Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
  • Violate any applicable laws or regulations for the time being in force within or outside India;
  • Violate the Terms including but not limited to any applicable additional Terms of the E-Commerce Portal contained herein or elsewhere; and
  • Reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the E-Commerce Portal.
  • The Company has no obligation to monitor such communications by Users. However, the Company reserves the right to review materials posted by Users and to remove any materials at its sole discretion. The Company reserves the right to terminate the User's access to any or all of such communication services provided by Company at any time without notice for any reason whatsoever.
  • The Company reserves the right at all times to disclose any information as is necessary to satisfy or comply with any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the Company's sole discretion.
  • The Company does not control or endorse the content, messages or information found in any communication service and, therefore, the Company specifically disclaims any liability or responsibility whatsoever with regard to the communication services and any actions resulting from the User's participation in any communication service.

    • USER COVENANTS:

  • User agrees that the User is solely responsible to the Company and to any third party for any breach of User’s obligations under the Terms and for the consequences (including any loss or damage which the Company or its affiliates or its Vendors may suffer) for any such breach.
  • User agrees and acknowledges that Company is not the Vendor of the Products and the Company shall in no manner be deemed to be the Vendor of the Products on this E-Commerce Portal. The Company is only facilitating purchase of the Products by User from the Vendors by providing the services to User.
  • User agrees that the Company may, at any time, modify or discontinue all or part of the E-Commerce Portal, change, modify or waive fees required to use the E-Commerce Portal, or offer opportunities to some or all E-Commerce Portal Users.
  • User shall solely be responsible for maintaining the necessary computer equipments and internet connections that may be required to access, use and transact on the E-Commerce Portal.
  • User is also under an obligation to use this E-Commerce Portal for reasonable and lawful purposes only, and shall not indulge in any activity that is not envisaged through the E-Commerce Portal.

    • USER ACKNOWLEDGEMENTS:

  • The User acknowledges that the Company is an aggregator of the Products available on the E-Commerce Portal.
  • The User acknowledges that by managing the E-Commerce Portal the Company shall receive aggregator charges by selling Products or buying Products on the E-Commerce Portal.
  • The User acknowledges that the Company in no manner warrants and guarantees that the Vendor or the Buyer of the Products who has provided all the information on the E-Commerce Portal is true and correct including their address, phone numbers, etc.
  • The User acknowledges that it is the User’s responsibility to verify the information about the Vendor on the E-Commerce Portal and the Company is in no manner liable if the information provided on the E-Commerce Portal is untrue or incorrect.
  • The User acknowledges that the Company is in no manner responsible for any claim of money or damages arising in the event of a fraud or cheating or any other such illegal act.
  • The User acknowledges that the User has taken expert advice from a legal consultant or any other expert so required about his/her/its ability to transact on the E-Commerce Portal.
  • The User acknowledges that his/her/it is are aware of all his/her/its rights, duties and applicability of various laws including not limited to Money Lending Act, Income Tax Act, or any other statute, or law, which may govern the transaction within India including the State of residence or from where the User ordinarily conduct the business.

    • INTELLECTUAL PROPERTY RIGHTS:

  • The E-Commerce Portal and the Content is solely owned and controlled by the Company 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. The Marks are the property of the Company or their Vendors or respective third parties.
  • Users are not permitted to use the Marks without the prior written consent of the Company, the relevant Vendor or the third party that may own the Marks. Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, the Company owns all intellectual property rights to and into the trademark vitamed.co, and the E-Commerce Portal, 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.
  • Except as expressly provided herein, User acknowledges and agrees that User shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from the Company or third party owner of such Content.

    • THIRD PARTY CONTENT:

  • The E-Commerce Portal makes available general Third Party Content.
  • Similar Third Party Content would also be available to User on the email received by User from Company. The provision of Third Party Content is for general informational purposes only. User acknowledges that the Third Party Content provided to User is obtained from sources believed to be reliable.
  • The Company does not provide any guarantee with respect to any the Third Party Content and the Company shall not be held liable for any loss suffered by User based on User’s reliance on or use of such data. The User acknowledges that the User does not gain any rights in any Third Party Content.
  • The Users’ correspondence or business dealings with, or participation in the platform or including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between the Buyer and Vendor.
  • The Company shall not be responsible or liable for any claim, error, omission, inaccuracy in advertising material or any loss or damage of any sort incurred as the result of any such dealings on the E-commerce Portal.

    • DISCLAIMER OF WARRANTIES & LIABILITY:

  • User expressly understands and agrees that, to the maximum extent permitted by applicable law that the E-Commerce Portal, services and other materials are provided by Company on an as is basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non- infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, the Company makes no warranty that
  • the E-Commerce Portal or the services will meet the requirements of the User or use of the E-Commerce Portal or the services will be uninterrupted, timely, secure or error-free;
  • the results that may be obtained from the use of the E-Commerce Portal, services or materials will be effective, accurate or reliable;
  • the quality of the E-Commerce Portal, services or other materials will meet expectations of the User; or that
  • any errors or defects in the E-Commerce Portal, services or other materials will be corrected. No advice or information, whether oral or written, obtained by User from Company or through or from use of the services shall create any warranty not expressly stated in the Terms. To the maximum extent permitted by applicable law, the Company will have no liability related to User content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. Company also disclaims all liability with respect to the misuse, loss, modification or unavailability of any User content. The Company will not be liable for any loss that the User may incur as a consequence of unauthorized use of User’s Account or Account information in connection with the E- Commerce Portal or any services or materials, either with or without User’s knowledge.
  • The Company has endeavoured to ensure that all the information on the E-Commerce Portal is correct, but the Company neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, Product or service. The Company shall not be responsible for the delay or inability to use the E-Commerce Portal or related functionalities, the provision of or failure to provide functionalities, or for any information, software, Products, functionalities and related graphics obtained through the E-Commerce Portal, or otherwise arising out of the use of the E-Commerce Portal, whether based on contract, tort, negligence, strict liability or otherwise. Further, the Company shall not be held responsible for non-availability of the E-Commerce Portal during periodic maintenance operations or any unplanned suspension of access to the E-Commerce Portal that may occur due to technical reasons or for any reasons beyond the control of the Company.
  • The User understands and agrees that any material or data downloaded or otherwise obtained through the E-Commerce Portal is done entirely at his/her/its own discretion and risk and he/she/it will be solely responsible for any damage to his/her/its computer systems or loss of data that results from the download of such material or data. The Company is not responsible for any typographical error leading to invalid information.
  • The Company accepts no liability for any errors or omissions, with respect to any information provided to User whether on behalf of herself/himself/itself or third parties. Company shall not be liable for any third party product or services. The advertisements available on e-mail or E-Commerce Portal with respect to the third party website or the Products are for information purpose only. User expressly agrees that User’s use of the E-Commerce Portal is at User’s own risk.
  • All the Products sold on the E-Commerce Portal are governed by different state laws and if the Vendor is unable to deliver the Products due to implications of different state laws, Vendor will return or will give credit for the amount (if any) received in advance by Vendor from the sale of such Product that could not be delivered to the User.

    • INDEMNIFICATION AND LIMITATION OF LIABILITY:

  • To the full extent permitted by applicable law, User agrees to indemnify, defend and hold harmless the Company including but not limited to its affiliates, agents and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Company that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by User pursuant to these Terms.
  • Further, User agrees to hold the Company harmless against any claims made by any third party due to, or arising out of, or in connection with, User’s use of the E-Commerce Portal, any claim that User’s material caused damage to a third party, User’s violation of the Terms, or User’s violation of any rights of another, including any intellectual property rights.
  • Notwithstanding anything to contrary, Company's entire liability to User under these Terms or otherwise shall be the refund of the money charged from User for any specific voucher or Product or service, under which the unlikely liability arises. In no event shall the Company, its officers, directors, employees, partners or suppliers be liable to User, 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 the Company 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 User’s use of or access to the E- Commerce Portal, services or materials. The Company is not responsible for any non-performance or breach of any contract entered into between Buyers and Vendors. The Company shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and Vendors.
  • The Company does not at any point of time during any transaction between Buyer and Vendor on the E-Commerce Portal come into or take possession of any of the Products or services offered by Vendor nor does it at any point gain title to or have any rights or claims over the Products or services offered by Vendor to User.
  • At no time shall Company hold any right, title or interest over the Products nor shall the Company have any obligations or liabilities in respect of such contract entered into between Buyers and Vendors. The Company is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of Products which are out of stock, unavailable or back ordered.

    • TERMINATION:

  • The Terms will continue to apply until terminated either by the User or Company as set forth below. If User wants to terminate User’s agreement with the Company, User may do so by (i) not accessing the E-Commerce Portal; or (ii) closing User’s accounts for all of the services that are used by the User, where the Company has made this option available to User.
  • Notwithstanding the above, the Company may, in appropriate circumstances and at our sole discretion, suspend or terminate accounts of users for any reason, including without limitation:
  • Attempts to gain unauthorized access to the Platform or another User’s account or providing assistance to others’ attempting to do so;
  • Overcoming platform security features limiting use of or protecting any content;
  • Usage of the E-Commerce Portal to perform illegal activities prohibited by law;
  • Violations of these Terms and conditions;
  • Failure to pay or fraudulent payment for transactions;
  • Failure to comply with security requests;
  • Failure to provide requested information or documents for any reason;
  • Unexpected operational difficulties;
  • Upon the request of law enforcement or other governmental agencies, if deemed to be legitimate and compelling by the Company, acting in its sole discretion;
  • Indulging (by the User) in any other suspicious activity, as deemed suspicious by the Company, in relation to the E- Commerce portal.
  • The User breaches any of the provisions of the Terms, the privacy policy or any other terms, conditions, or policies that may be applicable to User from time to time (or have acted in a manner that clearly shows that User do not intend to, or are unable to, comply with the same);
  • The Company is required to do so by law (for example, where the provision of the services hereunder, to User is, or becomes, unlawful);
  • The provision of the Services to User, by the Company is, in the Company's opinion, no longer commercially viable;
  • The Company has elected to discontinue, with or without reason, access to the E-Commerce Portal, the services (or any part thereof);
  • The Company also reserves the right to cancel unverified user accounts that have been inactive for a period of 6 months or more, and/or to modify or discontinue the Platform services. User agrees that Company will not be liable to them or to any third-party for termination of their user account or access to the Application.
  • The User hereby expressly agrees and undertakes that the suspension of a User Account shall not affect the payment of any due for the past transactions or any other outstanding amount due to Company by the User. Notwithstanding anything contained in these Terms or otherwise, the termination of these Terms for any reason whatsoever shall not affect your obligations including but not limited to repayment of outstanding amounts or liabilities.

    • REPORT ABUSE:

    The Company views protection of Vendor/User’s privacy as a very important principle. The Company stores and processes User’s Account Information including any sensitive personal / financial information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules there under. The Company’s current Privacy Policy is available at vitamed.co. If User objects to User’s Information being transferred or used in this way the User must not use E-Commerce Portal. The User hereby consents, expresses and agrees that he/she/it has read and fully understands the Privacy Policy of the Company in respect of the E- Commerce Portal and further consents that the terms and contents of such Privacy Policy are acceptable to the User.

    GENERAL PROVISIONS:

  • Entire Agreement: The Terms constitute the entire agreement between the the Company and the User with respect to the subject matter hereof and supersedes all prior written agreements, understandings and negotiations, both written and oral, between the parties with respect to the subject matter of this agreement. No representation, inducement, promise, understanding, condition, warranty or indemnity not set forth herein has been made or relied upon by any party hereto.
  • Dispute Resolution: The Terms shall be governed by and construed in accordance with the laws of India. Any dispute arising in respect of or in relation to the Terms shall be referred to arbitration at Chennai under the provisions of the Arbitration and Conciliation Act, 1996 as may be amended, or its re-enactment, by (i) a sole arbitrator, mutually agreed to by the parties, where the value of the subject matter of the dispute is less than Rupees One Crore; and (ii) a three-member Tribunal where the value of the subject matter of the dispute exceeds Rupees One Crore. The seat of Arbitration shall be Chennai.
  • Assignment: No right or obligation under this agreement may be assigned or transferred by the User or by operation of Law or otherwise without the prior written consent of the Company and any assignment in contravention of this Clause shall not be binding on the Company. The Company may assign our rights and duties under these terms without any such assignment being considered a change to these terms and without any notice to the User.
  • Waiver: The failure of either party to enforce at any time the provisions hereof shall not be construed to be a waiver of such provisions nor a waiver of such duty or obligation; nor shall it be construed as estopping such party from taking any action or exercising any remedy permitted in this agreement or under law upon the subsequent occurrence of any similar or identical failure or breach, or upon the failure of the other party to subsequently cure such breach.
  • Severability: Should any provision of this agreement be determined to be unenforceable or invalid, or any transaction contemplated hereby determined to be unlawful by any court of law, arbitrator or competent government body for any reason, all other provisions shall not be affected but shall continue (except if this agreement stands terminated) in full force and effect as though such invalid, illegal or unenforceable provisions were not originally a part of this agreement. In case any provisions of this terms are rendered invalid or unenforceable or void by operation of any law, rule or regulation then such an event would not affect the validity or enforceability of any other provisions of these terms and conditions.
  • Survival: All clauses of these Terms which by their nature survive termination including, User Obligations, User Covenants, User Acknowledgements, Intellectual Property Rights, Indemnification, Termination, Notices, Dispute Resolution, Confidentiality and General Provisions shall survive and continue in full force and effect after the termination of this Agreement.
  • Taxes: It is the User's responsibility to bear any taxes applicable to the payments the User makes or receives in connection with the use of this Platform to the appropriate tax authority. The Company is not responsible for determining whether taxes apply to your transaction, or for collecting, reporting or remitting any taxes arising from any transaction hereunder.

    • MISCELLANEOUS

  • The contents of the present terms shall constitute the entire understanding between the User and the Company.
  • The User understands and agrees that no joint venture, partnership, employment or agency relationship exists between the user and the Company as a result of the acceptance of these terms as mentioned in clause IV or on account of use of the platform.
  • The User hereto shall keep strictly confidential all information including but not limited to that which may be disclosed or confided to it by the other in the course of the performance of these terms. The User shall not disclose any information to any third party without prior approval of the Company.
  • All information shared by the Company to the User for the purpose of the Services shall be considered as confidential. The following are the exceptions to this clause: (a) information already in public domain, and (b) such information as is required to be disclosed by the disclosing party under any laws, rules or regulations or pursuant to the order or direction, of any Court, authority, tribunal or forum.
  • Any notices or other communications that the User wishes to send to the Company may be addressed to us by e-mail on info@vitamed.co.
  • Any notices to the User shall be sent to the registered email ID of the User.
  • Any notices or communications required to be given under this Agreement shall not be binding unless the same is in writing and the same shall be addressed by email or to the registered address as mentioned above.

    • GRIEVANCE OFFICER

    In accordance with Information Technology Act 2000 and rules made thereof, the name and contact details of the Grievance Officer are given below:

    Name: The Grievance Officer, Grievance Department

    Address: Vitamed Logistics Private Limited, SKCL Harmony Square, 1st Floor, 48 & 50 Prakasam Street T. Nagar, Chennai Tamil Nadu 600017 Email: info @vitamed.co Phone:1800-123-1434 Time: 10AM to 5PM Monday to Friday (Except Holidays).

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