User Agreement: This User Agreement contains rules and regulations, policies, terms & conditions and agreement applicable to any person who may access or use MEDeal website and services, including any sub-domains, Web Pages or domain of www.medeal.co.in; you hereby agree and acknowledge to be bound by the terms of this User Agreement. The use of MEDeal and the services provided are subject to the rules and regulations, policies, notices, terms & conditions set forth in this User Agreement. For the purposes of this User Agreement, 'User' and wherever the context may require 'You' (or any variation thereof), shall mean any natural or legal person who has agreed to become a user of MEDeal by accessing or browsing the Website and/or has registered as a member of MEDeal by submitting identification information/ registration details using the computer system of MEDeal and accepting the electronic record of the User Agreement, has obtained a unique username along and a secret alpha-numerical key (password) for using the Website. All delivery services require a signature upon delivery. This acts as proof of delivery to your entered shipping address. Any adult signature at the shipping address will act as legal delivery fulfillment. All images of products are purely for illustration only, and do not form part of the description of the product. MEDeal Medical Supplies Private Limited cannot accept responsibility for any difference between the image on the website and the actual appearance of the product. Although unlikely but it is possible that Product information is not correct. In such cases, MEDeal Medical Supplies Private Limited reserves the right to cancel the order and refund the amount. MEDeal Medical Supplies Private Limited (Henceforth referred to as "Company") reserves the right to change this Website and/or alter the terms and conditions of this User Agreement at any time and retains the right to deny access to anyone who the Company believes has violated the provisions of this User Agreement. You are advised that any amendment to the User Agreement or rules and policies incorporated herein by reference will only be notified on the Website on publicly accessible links and you agree by accessing, browsing or using this website that this constitutes sufficient notice for all purposes against you. The revised version/ terms shall be effective from the time that the Company posts the same on the Website.
Eligibility: Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the MEDeal website and shall not transact on or use the website. As a minor if you wish to use or transact on website, such use or transaction may be made by your legal guardian or parents on the Website. MEDeal reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to MEDeal notice or if it is discovered that you are under the age of 18 years.
Registration Obligation and Communication: By registering on MEDeal, you agree to allow us to contact you through any mode of communication (Email/Chat/Telephone call) for any confirmation or service related information for the order placed by you, on the contact details provided by you. Any kind of legal implication rose, due to the incorrect nature of the details provided by you, MEDeal will not be held responsible for the same. You agree that your sole purpose of registering or using MEDeal is to buy or sell products specifically notified by the Company on the Website from time to time (that are permitted to be bought and sold under applicable law) and you shall not use MEDeal for any other purpose including for selling or buying products other than as mentioned above or products that are not allowed under applicable law to be sold or bought by you in any manner. You agree to provide true, accurate and complete information while registering or for any other purpose when prompted to do so on MEDeal. You are prohibited from misrepresenting your identity and agree not to represent yourself as another User or login/ register using the identity of any other person. You are responsible to maintain and promptly update the information provided while registering or for any other purpose on MEDeal to ensure that the information provided by you is true, accurate, current and complete at all times. If you provide any information that is untrue, inaccurate, not current or incomplete or the Company has reasonable grounds to deduce that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this User Agreement, the Company reserves the right to indefinitely suspend or terminate or block your use or access to MEDeal in any manner whatsoever.
Seller Registration: To be eligible to sell items on MEDeal, the User is required to separately register with MEDeal authorized Payment Gateway facility on its page on MEDeal. The seller shall provide complete details of the Seller Bank Account as a part of the MEDeal authorized Payment Gateway Seller Registration or at a later date in lieu of or in addition to the original Seller’s Bank Account.
Buyer Registration: Other than being a User, there is no separate registration requirement for buyers. MEDeal authorized Payment Gateway facility is available to Buyers who hold a Valid Card or Valid Bank Account.
Electronic Communication: You agree to keep yourself updated with all data, information and communication pertaining to you made available on MEDeal. You further agree that your use of MEDeal or provision of any data or information including any correspondence (by email or otherwise) to or by the Company is through electronic records and you consent to receive communication from the Company via electronic records which will be deemed adequate service of notice/ electronic record.
Formation of Contract: These Conditions shall apply to all orders received by the Company from a Customer for supply of goods (the Goods) in Indian Territory. These Conditions will prevail over any terms and conditions on the Customer's order form, form of contract or any other communication sent by the Customer to the Company and the placing of an order for, or the acceptance of, the Goods by the Customer shall indicate unqualified acceptance of these Conditions. No other conditions whether or not inconsistent with these Conditions shall apply. No employee, representative, agent or sales person has the Company's authority to vary, amend or waive any of these Conditions on behalf of the Company and no amendment or additions to any of these Conditions shall be deemed to have been accepted unless accepted in writing by a director of the Company or set out as a special condition in the order confirmation
User conducts: You understand and agree that the Company merely provide hosting services to its Users who access MEDeal for purchase and sales of goods. All items advertised and/or listed on MEDeal and the contents therein are advertised and listed by Users and are third party purchasers and/or sellers as the case may be. You also give permission to the Website and the Company to store details and records of your usage of MEDeal indefinitely. However, this does not constitute any obligation on the part of the Company or the Website to do so. Currently the membership on MEDeal is free and the Company does not levy any charges/fees for browsing or buying on MEDeal. However, for the purposes of listing any item on MEDeal to be sold or availing other services provided by the Company through MEDeal such as packing, warehousing, courier etc., the Seller will be charged fees as provided in the Facility Charges Policy incorporated herein by reference. The Company reserves the right to introduce new services or modify the existing services provided on MEDeal. Additionally, the Company at its sole discretion may introduce fees for the new services provided or amend/ introduce fees for the existing services, as the case may be. Changes to the User Agreement or any of the rules and policies of the Company shall be posted on MEDeal and such changes shall automatically become effective immediately after they are posted on MEDeal. All fees/ charges shall be quoted in Indian Rupees and shall be payable to MEDeal Medical Supplies Private Limited within such time as specified in the invoice. You are responsible for paying all charges/ fees associated with the use of MEDeal and shall be liable to pay any and all applicable taxes, charges, cesses etc. which may be levied. In case of any non- payment, the Company reserves the right to issue a warning or temporarily/ indefinitely suspend or terminate your membership with MEDeal and disallow access to MEDeal. The Company also reserves the right to take any legal action against you in case of any non- payment of charges/fees to the Company. If you purchase anything on MEDeal, you agree to also comply with the terms and conditions set out in the Policy for Buyers incorporated herein by reference. You agree that the Company may appoint any third party service provider, including but not restricted to one or more of the Company's affiliate to provide back end operations and support as instructed by the Company from time to time including but not limited to collection, processing and remittance of the Transaction Price using the existing authorized banking infrastructure to provide enabling support facility for collection and remittance of payment including but not limited to the Logistics Partner. The Company neither originates nor transmits any communication/ information on behalf of any User nor does it modify the contents of any communication transmitted. The Company has no control over third parties and contents generated by the Users on MEDeal. Any information provided by you to the Company or submitted to MEDeal or provides or display to other Users of MEDeal in the registration, buying or listing process, in the feedback area or through any e-mail communication is solely your responsibility and the Company merely is a platform where such information is distributed, published, displayed or used by Users. The Company or the Website is not liable for accuracy, appropriateness or legality of such information. All contractual terms of the manner and terms & conditions of delivery, payment, insurance etc. between the buyer and the seller shall be independently agreed with the other users of MEDeal that you may transact with. You will treat MEDeal as a mere passive conduit which is used as a platform by Users to create listings or provide information for the purpose of selling their items so that such information can be discovered and read by other Users of MEDeal who may wish to purchase such items from other Users or provide feedback on items they have purchased or sellers who have sold any item to them. You agree and undertake not to host, display, upload, modify, publish, transmit, update or share any information or list any information or item that; belongs to another person and to which you do 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; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986; harm minors in any way; infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items; violates any law for the time being in force; deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; impersonate another person or use an anonymous proxy; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancel bots, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information; threatens the unity, integrity, defense, 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; shall not be false, inaccurate or misleading; shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force; may give rise to liability on part of the Website or the Company or cause any hindrance (in whole or in part) with respect to the services of ISPs or other suppliers of the Website or the Company; and link directly or indirectly to or include descriptions of items that are (i) prohibited under the User Agreement or any other applicable law for the time being in force including but not limited to the Drugs and Cosmetics Act, 1940, the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, the Indian Penal Code, 1860, Information Technology Act 2000 as amended time to time and rules there under or (ii) are at the same time listed for sale on a web site other than MEDeal. You shall not promote any website or webpage or link on MEDeal. In case of any violation of the above provisions, the Company has the right to immediately terminate the access or usage rights of the user to MEDeal without any notice and any such violating information that is displayed or submitted on MEDeal can be removed immediately and completely. You shall be responsible for keeping backup versions of the information and data provided by you. You hereby agree that you will not expect MEDeal to restore or keep back up of your information and data and not hold the Website or the Company accountable for any loss of data in any circumstances. You shall not, either alone or in conjunction with other users, manipulate or attempt to manipulate the prices of any item being sold or purchased on MEDeal. You will also refrain from accessing information or databases in an unauthorized manner from MEDeal or servers where information or databases are kept. You shall not attempt to or circumvent or manipulate any of the obligations conferred on you by this User Agreement. If such attempt is discovered, it will constitute sufficient ground for termination of access to MEDeal and also for taking appropriate legal action. In case of any transaction or attempted transaction pertaining to any item listed on MEDeal which is violating this User Agreement or applicable laws comes to your knowledge, you shall forthwith take all steps to inform the Company of such violation at [email protected] If you choose to provide feedback on MEDeal which is visible to other users, you shall exercise due care while making comments and not make any comments that are not factual in nature and shall not post defamatory or illegal or offensive/ obscene contents. You undertake not to disclose or distribute any other User's Information to a third party, or use the Information for any unauthorized purpose including for the purposes of marketing unless you have obtained the User's express consent to do so. You shall not place any advertisements on the Website in any manner. Further, you shall not use the Website to promote your own or any other persons business or interests on the Website except for providing description on a listing for a specific item, unless permitted by the Company in writing.
Orders and Return policy: Order placed by buyer or end users at means of company website or by inquiries and/or using electronic media on availability of products on company website will liable to accept terms and condition specified on company website. Each order for Goods will be deemed to be an offer by the Customer to purchase the Goods upon these Conditions (the Order). A contract shall not be formed until the Goods are dispatched (the Contract). Goods are subject to availability, in the event that the Company is unable to supply the Goods, the Customer will be informed as soon as possible. An alternative will be offered or a full refund will be given where the Company has already received payment for those Goods. Returns of non-faulty goods will only be accepted at the sole discretion of and with the prior written permission of the Company. Permission must be obtained within 24 hours from time of delivery. In the event that permission is given then the Customer will be refunded as per company policy. If any non-faulty Goods are returned, they must be unused, in original packaging, they must not be relabelled, tamper evident seals must be intact and the Goods must be fit for sale. The cost of carriage of non-faulty returned Goods accepted by the Company is the responsibility of the Customer. The Company shall be entitled to impose a handling charge at a rate of 25% on net invoice value or a minimum handling charge for all cancellations, amendments and non-faulty returned Goods.
Cancellation or Amendment of Orders: The Company will use all reasonable endeavors to meet Customers' individual requirements but the Company shall be under no obligation to accept cancellation or other amendment to any Order or any part of an Order once accepted by the Company. Where the Company agrees such cancellation or amendment to an Order, it is on the understanding that a reasonable cancellation or amendment charge at rate of 25% on net invoice value for all cancellation may be levied at the Company's sole discretion.
Prices: The price for the Goods will be the price set out in the Company's current catalogue or websites or any specific sales promotional material (unless advised by the Company differently at point of purchase). Where the Company offers category and volume discounts on the Goods. In the unlikely event that the price of an item has been incorrectly advertised the Company will contact the Customer to ask whether the Customer wishes to proceed at the correct price. If not, or the Company is unable to obtain the Customers instructions, the Company will cancel the Order and a full refund will be given where the Company has already received payment for those Goods. The Company reserves the right to change any price without notice. The Company shall be entitled to increase the price for the Goods at any time prior to delivery to take account of increases in costs including (but not limited to) labor, overheads and transport. Costs of packaging, carriage and any applicable sales tax, duty, customs duties and all other taxes, duties and expenses in respect of the Goods, will be added to the price where relevant. All prices quoted are subject to VAT at the prevailing standard rate. Any organizations that are exempt from VAT must provide a validated certificate at the time of ordering.
Payment: Payments for the items on MEDeal, at the option of the relevant seller, can be made by way of (i) Payment on Billing which can be made through the MEDeal authorized payment gateway Facility or by depositing cash, cheque, demand draft in the bank account of the Company; or (ii) Payment on Delivery wherein payment shall be made only by cash on delivery, or such other method of payment as may be permitted by the Company on MEDeal in its sole discretion. For the purposes of buying and/or selling any item listed on MEDeal, you agree and undertake not to make payments in any manner other than as provided, without the prior consent of the Company. You acknowledge and accept that you have specifically authorized the Company to collect, process, facilitate and remit payments and/ or the Transaction Price by any of the prescribed methods of payment through Payment on Billing or Payment on Delivery to and from other Users in respect of Transactions. In order to enable Users to carry out transactions on MEDeal, the Company will in addition to other methods of payment provide an electronic payment facility i.e. MEDeal authorized payment gateway facility on the Website. The MEDeal authorized payment gateway facility enables automated collection and remittance services using the facilities of various Indian banks, financial institutions, credit/ debit/ cash card brands, various third party service providers and/or payment card industry issuers and through such other infrastructure and facilities as may be authorized by the Reserve Bank of India for collection, refund and remittance, as the case may be. The MEDeal authorized payment gateway facility shall be availed in accordance with the terms of this User Agreement and the rules and policies prescribed here under. The Company shall make reasonable efforts to ensure that requests for electronic debits and credits involving Issuing Bank are informed to the Nodal Bank in a timely manner. However, a number of factors that are outside of the Company's control (including without limitation actions of Issuing Bank, Nodal Bank and the bank or credit / debit/ cash card and/or banks or financial institution infrastructure or indirectly through payment gateway facility providers or through any such facility authorized by the Reserve Bank of India to provide enabling support facility for collection and remittance of payment where the Transaction Price is remitted and/or refunded) may delay the time within which the Transaction Price are collected/ remitted by the Company through the MEDeal authorized payment gateway facility. The Company neither makes any representations nor makes any warranties regarding the amount of time needed to complete processing, including delays in the banking system and nor shall the Company be liable for any actual or consequential damages arising from any claim of delay. The company has a Nodal bank account with a bank operating in India. The Company reserves the right to, at its sole discretion, replace or remove any nodal bank (Nodal Bank) without providing any intimation. Any claim for refund of any payment made to the Company, for any reason whatsoever, shall be to the account of the Seller and the Company shall not be responsible for the same including but not limited to service charges or any other fees/ charges. You agree and accept that the Company is neither acting as trustee nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price, by providing the MEDeal authorized payment gateway facility or any other method of payment to its Users.
Disclaimers: All commercial / contractual terms are offered by and agreed to between buyers and sellers alone as per principal to principal bipartite contractual obligations. The commercial / contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to items listed for sale. The Company does not have any control and neither does it determine or advise or in any way involves itself in the offering or acceptance of such commercial / contractual terms between buyers and sellers. Further, you understand that a listing may end if another User buys the item, or the User who made the listing chooses to end the same or if the listing expires after a stipulated period of time. MEDeal is only a platform where users may meet and interact with one another for their transactions. The Website or the Company is not and cannot be a party to or control in any manner any transaction between two users of MEDeal. The Company is neither involved in the buying and selling of items on the Website nor liable or responsible for any non- performance or breach of any contract entered into between the Users (i.e. buyer and seller) including but not limited to non-delivery or non-receipt, non-payment, damage, breach of representations and warranties provided by the seller or any fraud as regards the items listed on MEDeal. The Users acknowledge that the Company will not be liable for any damages, interests or claims etc. resulting from not processing or any delay in processing a Transaction/ Transaction Price which is beyond the control of the Company. The Company shall not and is not required to mediate or resolve any dispute or disagreement between users. The Company does not make any representation or warranty as to the attributes (such as quality, worth, marketability, merchant ability, usefulness) of the items proposed to be sold or offered to be sold or purchased on MEDeal. In particular, the Company does not implicitly or explicitly support or endorse the sale or purchase of any items on the Website. The Company shall not be liable for any errors or omissions, whether on behalf of itself or third parties. The Company does not make any representation or warranty as to the attributes (such as legal title, creditworthiness, identity etc.) of any of its users. You are advised use your best judgment and independently verify the bonafides of any particular User that you choose to deal with on MEDeal. MEDeal is only a venue through which Users can reach a larger base to buy and sell unique Indian products. The Company is only providing a platform in form of the Website for communication and a hosting service for information and it is agreed that the contract for sale of any of the items shall be a strictly bipartite contract between the seller and the buyer. At no time shall any right, title or interest over the items vest with the Company nor shall the Company have any obligations or liabilities in respect of such contract. The Company is not responsible for unsatisfactory or delayed performance of sellers or damages or delays as a result of items being out of stock, back ordered or otherwise unavailable. All items offered by sellers are only for a restricted time and only for the available supply as offered by sellers. The Company and its suppliers, affiliates and service providers make available MEDeal and MEDeal authorized Payment Gateway facility for electronic payment on an "as is" basis and without any warranty or condition, express, implied or statutory and specifically disclaim any implied warranties of title, merchant ability, fitness for a particular purpose and non-infringement. The Company specifically disclaims any such warranty. You expressly agree that the use of MEDeal and MEDeal authorized payment gateway electronic payment facility is at your own risk. You release and indemnify the Company and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the users of MEDeal and specifically waive any claims that you may have in this behalf under any applicable law. The Company cannot control the information provided by other Users, which is made available on the Website notwithstanding the Company's reasonable efforts in that behalf. You may find other User's information to be offensive, harmful, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website. Please note that there may be risks in dealing with foreign nationals, underage persons or people acting under false pretence.
Force Majeure and Indemnity: The Company will not be liable to the Customer for any failure or delay in delivery of the Goods if it is due to any event beyond the reasonable control of the Company. The Company will be entitled to a reasonable extension of time for performing such obligations and shall not be liable for any loss or damage occasioned to the Customer thereby. You shall indemnify and hold harmless the Company and the Company's parent, subsidiaries, affiliates, third-parties and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of the User Agreement including the rules and policies incorporated herein by reference, or (ii) your violation of any law, rules or regulations or the rights of a third party.
Limited liability of the Company: In no event shall the Company or its suppliers, affiliates and service providers be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising (in any manner whatsoever, including but not limited to negligence) out of or in connection with MEDeal, MEDeal authorized payment gateway facility, services provided by the Logistics Partner or any other services or this User Agreement. The Company liability in any circumstance is limited to the amount of charges/ fees, if any, paid by you to the Company. The Company, its associates, affiliates and service providers and technology partners make no representations or warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of MEDeal or that the operation of MEDeal or the Logistics Partner or MEDeal authorized payment gateway facility will be error free and/or uninterrupted. The Company provides no guarantee to its Users in respect of the products sold on the Website. Consequently, the Company assumes no liability whatsoever for any monetary or other damage suffered by you on account of (i) the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website or MEDeal authorized payment gateway facility. (ii) Any delay, failure, interruption or errors in the operation of MEDeal or the Logistics Partner or MEDeal authorized payment gateway facility.
Grievance Redressal Mechanism: In case of any grievance, objection or complaint on your part with respect to the Website, other Users, MEDeal authorized payment gateway facility or the Company, including any complaints or enquiry about suspension, termination or blocking of your membership or right to use MEDeal, you should promptly raise such grievance or complaint with the designated Grievance Officer at [email protected] and provide him with all necessary information and/or documents to enable the Company/ Grievance Officer to resolve the issue.
Arbitration: If any dispute arises between you and the Company during your use of MEDeal or the MEDeal authorized payment gateway facility or MEDeal Services or any service incidental to the Website or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement and/or MEDeal authorized payment gateway Agreement, or the rules, policies and documents incorporated therein by reference, the dispute shall be referred to a sole arbitrator who shall be an independent and neutral third party identified by the Company whose decision shall be final. The place of arbitration shall be Nagpur. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.
Governing Law: This User Agreement and all rules, policies and documents incorporated by reference shall be governed and construed in accordance with the laws of India and the Courts in Nagpur shall have exclusive jurisdiction. This document is an electronic record in terms of Information Technology Act, 2000 and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.