Medsmart.co ("E-Commerce Portal") developed and operated by Medsmart 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, etc that are willing to buy medical equipments (“Buyers”) and companies/entities etc (“Seller”) that are willing to sell. 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 avail the same with relative ease. On the E-Commerce Portal, a visitor may browse the available Products (defined later), profiles of Vendors who are offering such Products, details of service providers [“Service Provider(s)”]. Use of the E-Commerce Portal is offered to User (defined later), 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). For the purpose of these Terms, wherever the context so requires "User" shall mean any natural or legal person who has agreed to become a Buyer on the E-Commerce Portal by providing Account Information (defined later) while registering on the E-Commerce Portal as a registered User using the computer systems.
The E-Commerce Portal is a platform that facilitates the online requisition by the User for purchase of a wide assortment of medical goods including, consumable, devices, instruments and equipment ("Products")offered by various Vendors registered on the E-Commerce Portal. The sale and purchase between the registered merchants/Vendors and 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 to a User India. The E-Commerce Portal is for use by registered Vendors and Users strictly for the Purpose only.
Any person who is 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. If a Vendor/ User is not competent to enter into a valid contract then the Vendor/ User is prohibited from visiting, using, dealing and/or transacting on the E-Commerce Portal. Vendor/ User’s visit, dealing and/or transaction on the E-Commerce Portal shall be treated as representation by Vendor/ User that the User is competent to enter into valid legal contracts under the Indian Contract Act, 1872. Vendor/ User agrees to be financially responsible for all of Vendor/ User's use of the services and access of the E-Commerce Portal (as well as for use of Vendor/ User's account by others, including without limitation minors living with Vendor/ User). Vendor / User warrants that all information supplied by Vendor/User in using the services and accessing the E-Commerce Portal, including without limitation Vendor/ User's name, email address, street address, telephone number, mobile number, credit / debit card and/ or any other payment instrument number and other payment details is correct and accurate. Failure to provide accurate information may subject the Vendor/ User to civil and criminal penalties.
The E-Commerce Portal requires Vendor/ User to register as a Vendor/ User by creating an account (“Account”) by providing requisite information (“Account Information”) in order to avail of the services provided by the E-Commerce Portal. The Vendor/ User understands and acknowledges that the Products available on the E-Commerce Portal are on business to business sale. Vendor/ User understands that certain Products can be sold/ purchased only if it is registered as a business. The Vendor/ User will have to submit its business related details such as shops and establishment registration details or GST registration details or such other details as the Company may require. Vendor/User shall be solely responsible for the accuracy and correctness of all such details/information given by Vendor/User during registration. 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 Vendor/User or in case any information furnished by Vendor/User is found incorrect, false or misleading then the Company shall be entitled to cancel or suspend the registration of Vendor/User permanently or for such period as the Company deems fit. The Vendor/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 Vendor/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. Vendor/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 Vendor/User can unsubscribe / opt-out from receiving communications from Company through SMS and e-mail anytime by clicking on the unsubscribe option attached at the bottom of newsletter received through e-mail
Vendors/Users will be responsible for maintaining the confidentiality of their Account Information, and are fully responsible for all activities that occur under Vendor/User's Account. Vendor/User agrees to (a) immediately notify Company of any unauthorized use of Vendor/User’s Account or Account Information or any other breach of security, and (b) ensure that Vendor/User exits / logs out from Vendor/User’s Account at the end of each session. Company will not be liable for any loss or damage arising from Vendor/User’s failure to comply with this section. Vendor/User may be held liable for losses incurred by Company or any other Vendor/User of or visitor to the E-Commerce Portal due to authorized or unauthorized use of Vendor/User’s Account as a result of Vendor/User’s failure in keeping Vendor/User’s Account Information secure and confidential or otherwise.
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. Further:
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. 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. Further, User undertakes not to:
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.
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 (collectively, the "Content") on the E-Commerce Portal is 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 trademarks, logos and service marks displayed on the E-Commerce Portal ("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 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 www.Medsmart.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.
The E-Commerce Portal makes available general third party information such as, Product catalogues, lists of Vendors, technology and features, advertisements including videos, images and photographs of the products and other data from external sources ("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.
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 (i) 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; (ii) the results that may be obtained from the use of the E-Commerce Portal, services or materials will be effective, accurate or reliable; (iii) the quality of the E-Commerce Portal, services or other materials will meet expectations of the User; or that (iv) 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 endeavored 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 reason beyond Company's control. 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 an invalid coupon. 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.
User agrees to indemnify, defend and hold harmless the Company including but not limited to its affiliates, Vendors, 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 Users and Vendors. The Company shall not and is not required to mediate or resolve any dispute or disagreement between Users and Vendors.
The Company does not at any point of time during any transaction between User 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 Users 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.
The Terms will continue to apply until terminated either by the Vendor/User or Company as set forth below. If Vendor/User wants to terminate Vendor/User’s agreement with the Company, Vendor/User may do so by (i) not accessing the E-Commerce Portal; or (ii) closing Vendor/User’s accounts for all of the services that are used by the Vendor/User, where the Company has made this option available to Vendor/User.
The Company may, at any time, with or without notice, terminate the Terms (or portion thereof, such as any individual additional terms) with the Vendor/User if
In the event Vendor/User comes across any abuse or violation of these Terms or if Vendor/User becomes aware of any objectionable content on the E-Commerce Portal, the same must be reported immediately to Company’s customer support team.