Last updated on 7 September, 2020
YOUR USE OF THE WEBSITE IMPLIES THAT YOU AGREE WITH THE TERMS AND CONDITIONS.
1.1 www.medsamaan.com ("Website") is an Internet based portal owned and operated by iHeal HealthTech Pvt Ltd, a company incorporated under the laws of India, with its registered office at Sofia Villa, Tuti Kundi, Shimla, Himachal Pradesh, India and having GST Number 07AAECI7549F1ZE. Use of the Website is offered to You conditioned on acceptance of all the terms, conditions and notices contained in these Terms, along with any amendments made by MedSamaan at its sole discretion and posted on the Website, including by way of imposing an additional charge for access to or use of a Service.
1.2 MedSamaan shall not be required to notify You, whether as a registered user or not, of any changes made to the Terms and Conditions. The revised Terms and Conditions shall be made available on the Website. Your use of the Website and the Services is subject to the most current version of the Terms and Conditions made available on the Website at the time of such use. You are requested to regularly visit the home page www.medsamaan.com to view the most current Terms and Conditions. You can determine when MedSamaan last modified the Terms and Conditions by referring to the "Last Updated" legend above. It shall be Your responsibility to check these Terms and Conditions periodically for changes. MedSamaan may require You to provide Your consent to the updated Terms and Conditions in a specified manner prior to any further use of the Website and the Services provided on the Website. If no such separate consent is sought, Your continued use of the Website, following changes to the Terms and Conditions, will constitute Your acceptance of those changes.
1.4 MedSamaan agrees to deliver the Items ordered by you only at such locations as per the Order Confirmation Form. MedSamaan shall not be liable to deliver any merchandize or Services purchased by Users for delivery in locations outside India.
2.1 The Website is a platform that facilitates the purchase of medical items at a discounted price ("Services"). The Services are offered to the Users through various modes which shall include, issue of coupons and vouchers that can be redeemed for various products. The purchase of products on the Website shall be governed by the Terms of Offer For Sale ("Terms of Offer For Sale")
3. Eligibility to Use
3.1 The Services are not available to minors under the age of eighteen (18) or to any Users suspended or removed from the MedSamaan system by MedSamaan for any reason whatsoever. If You do not conform to the above qualification, You shall not be permitted to avail of the Services or use the Website. You represent that You are of legal age to form a binding contract and are not a person barred from receiving services under the laws as applicable in India. Notwithstanding the foregoing, if You are below the age of eighteen (18) years, You may avail the Services provided by MedSamaan through Your legal guardian in accordance with the applicable laws.
3.2 MedSamaan reserves the right to refuse access to use the Services offered at the Website to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so.
3.3 You shall not have more than one active Account on the Website. Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another party.
4. User Account, Password, and Security
4.1 MedSamaan makes the Services available to You through the Website only if You have provided MedSamaan certain required User information and created an account ("Account") through MedSamaan ID and password (collectively, the "Account Information"). The Services may also be subject to procedures for use of the Website, Terms of Offer For Sale, uploaded guidelines, rules, additional terms of service, or other disclaimer & notices, if any ("Additional Terms"). If there is any conflict between the Terms and Conditions and the Additional Terms, the Additional Terms shall take precedence in relation to that service.
4.2 The Website requires You to register as a User by creating an Account in order to avail of the Services provided by the Website. You will be responsible for maintaining the confidentiality of the Account Information, and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify MedSamaan of any unauthorized use of Your Account Information or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. MedSamaan cannot and will not be liable for any loss or damage arising from Your failure to comply with this Section 4.2. You may be held liable for losses incurred by MedSamaan or any other user of or visitor to the Website due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account Information secure and confidential.
4.3 The Website also allows restricted access to the Services for unregistered Users.
4.4 You shall ensure that the Account Information provided by You in the Website's registration form is complete, accurate and up-to-date. Use of another user's Account Information for availing the Services is expressly prohibited.
4.5 If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or MedSamaan has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, MedSamaan has the right to suspend or terminate Your Account and refuse any and all current or future use of the Website (or any portion thereof).
5. Pricing Information
5.1 MedSamaan strives to provide You with the best prices possible on products You buy or avail of from the Website. The pricing details for purchase of products and services from the Website are detailed under the Terms of Offer For Sale.
5.2 You agree to provide correct and accurate credit/ debit card details to the approved payment gateway for availing Services on the Website. You shall not use the credit/ debit card which is not lawfully owned by You, i.e. in any transaction, You must use Your own credit/ debit card. The information provided by You will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. You will be solely responsible for the security and confidentiality of Your credit/ debit card details. MedSamaan expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of Your credit/ debit card.
5.3 MedSamaan shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of you/cardholder having exceeded the preset limit mutually agreed by MedSamaan with our acquiring bank from time to time.
6. User Obligations
6.1 Subject to compliance with the Terms and Conditions, MedSamaan grants You a non-exclusive, limited privilege to access and use this Website and the Services provided therein.
6.2 You agree to use the Services, Website and the materials provided therein only for purposes that are permitted by: (a) the Terms and Conditions; and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
6.3 You agree to adhere to all limitations on dissemination, use and reproduction of any materials (such as the product catalogues) that You access on the Website in accordance with Section 7.
6.4 You agree not to access (or attempt to access) the Website and the materials or Services by any means other than through the interface that is provided by MedSamaan. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.
6.5 You acknowledge and agree that by accessing or using the Website or Services, that You may consider offensive, indecent or otherwise objectionable. MedSamaan disclaims all liabilities arising in relation to such offensive content on the Website. Further,
6.6 If Website allows You to post and upload any material on the Website, You hereby undertake to ensure that such material is not offensive and in accordance with applicable laws. Further, You undertake not to:
- Defame, abuse, harass, threaten or otherwise violate the legal rights of others;
- Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
- 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;
- Engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);
- Attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any MedSamaan server, or to any of the Services offered on or through the Website, by hacking, password mining or any other illegitimate means;
- Probe, scan or test the vulnerability of the Website or any network connected to the Website, or breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, or of visitor to, the Website, or any other customer of MedSamaan, including any MedSamaan Account not owned by You, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;
- Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts,
passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;
- Collect or store 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 Website or any transaction being conducted on the Website, or with any other person's use of the Website;
- Use the Website or any material or Content for any purpose that is unlawful or prohibited by these Terms and Conditions, or to solicit the performance of any illegal activity or other activity which infringes the rights of MedSamaan or other third parties;
- Conduct or forward surveys, contests, pyramid schemes or chain letters;
- 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
- Violate any applicable laws or regulations for the time being in force within or outside India;
- Violate the Terms and Conditions including but not limited to any applicable Additional Terms of the Website 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 Website.
6.7 You agree that You are solely responsible to MedSamaan and to any third party for any breach of Your obligations under the Terms and Conditions and for the consequences (including any loss or damage which MedSamaan or its affiliates or its vendors may suffer) for any such breach.
6.8 You agree that MedSamaan may, at any time, modify or discontinue all or part of the Website, charge, modify or waive fees required to use the Website, or offer opportunities to some or all Website Users.
7. Use of Materials
7.1 Except as expressly indicated to the contrary in any applicable Additional Terms, MedSamaan hereby grants You a non-exclusive, freely revocable (upon notice from MedSamaan), non-transferable access to view, download and print product catalogues or any other materials available on the Website, subject to the following conditions:
- You may access and use the materials solely for personal, informational, and internal purposes, in accordance with the Terms and Conditions;
- You may not modify or alter product catalogues or any other materials available on the Website;
- You may not distribute or sell, rent, lease, license or otherwise make the product catalogues or any other materials available on the Website available to others; and
- You may not remove any text, copyright or other proprietary notices contained in the product catalogues or any other materials available on the Website.
7.2 The rights granted to You in the product catalogues or any other materials as specified above are not applicable to the design, layout or look and feel of the Website. Such elements of the Website are protected by intellectual property rights and may not be copied or imitated in whole or in part. The product catalogues or any other materials available on the Website may be copied or retransmitted unless expressly permitted by MedSamaan.
7.3 Any software that is available on the Website is the property of MedSamaan or its vendors. You may not use, download or install any software available at the Website, unless otherwise expressly permitted by these Terms and Conditions or by the express written permission of MedSamaan.
7.4 Any purchase of the merchandise or Services from the Website will be strictly for personal use of the User. The User hereby expressly agrees that any merchandize or Services purchased by the User will not be sold, resold, bartered or in any way used for any commercial purposes or for profit. The User hereby acknowledges that the Services or merchandize purchased is not transferrable to any third party for profit.
8. Usage Conduct
8.1 You shall solely be responsible for maintaining the necessary computer equipment and Internet connections that may be required to access, use and transact on the Website.
8.2 You are also under an obligation to use this Website for reasonable and lawful purposes only, and shall not indulge in any activity that is not envisaged through the Website.
8.3 You shall use this Website, and any voucher/ coupons purchased through it, for personal, non-commercial use only and shall not re-sell the same to any other person.
8.4 MedSamaan shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of you/cardholder having exceeded the preset limit mutually agreed by MedSamaan with our acquiring bank from time to time
9. Intellectual Property Rights
9.1 The Website 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 Website is owned and controlled by MedSamaan 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.
9.2 The trademarks, logos and service marks displayed on the Website ("Marks") are the property of MedSamaan or their vendors or respective third parties. You are not permitted to use the Marks without the prior consent of MedSamaan, the vendor or the third party that may own the Marks.
9.3 Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, iHeal HealthTech Pvt Ltd owns all intellectual property rights to and into the trademark "MedSamaan", and the Website, 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.
9.4 Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from MedSamaan or thirty party owner of such Content.
10. Third Party Content
10.1 The Website makes available general third party information such as, product catalogues, technology and features, including videos, images and photographs of the products ("Third Party Content"). Similar Third-Party Content would also be available to You on the email received by You from MedSamaan. The provision of Third Party Content is for general informational purposes only. You acknowledge that the Third-Party Content provided to You is obtained from sources believed to be reliable.
11. Disclaimer of Warranties & Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
11.1 THE WEBSITE, SERVICES AND OTHER MATERIALS ARE PROVIDED BY MEDSAMAAN 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, MEDSAMAAN MAKES NO WARRANTY THAT (I) THE WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR YOUR USE OF THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE; (III) THE QUALITY OF THE WEBSITE, SERVICES OR OTHER MATERIALS WILL MEET YOUR EXPECTATIONS; OR THAT (IV) ANY ERRORS OR DEFECTS IN THE WEBSITE, SERVICES OR OTHER MATERIALS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MEDSAMAAN OR THROUGH OR FROM USE OF THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS.
11.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MEDSAMAAN WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. MEDSAMAAN ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.
11.3 MEDSAMAAN WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A CONSEQUENCE OF UNAUTHORIZED USE OF YOUR ACCOUNT OR ACCOUNT INFORMATION IN CONNECTION WITH THE WEBSITE OR ANY SERVICES OR MATERIALS, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. MEDSAMAAN HAS ENDEAVORED TO ENSURE THAT ALL THE INFORMATION ON THE WEBSITE IS CORRECT, BUT MEDSAMAAN NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE QUALITY, ACCURACY OR COMPLETENESS OF ANY DATA, INFORMATION, PRODUCT OR SERVICE. MEDSAMAAN SHALL NOT BE RESPONSIBLE FOR THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED FUNCTIONALITIES, THE PROVISION OF OR FAILURE TO PROVIDE FUNCTIONALITIES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, FUNCTIONALITIES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. FURTHER, MEDSAMAAN SHALL NOT BE HELD RESPONSIBLE FOR NON-AVAILABILITY OF THE WEBSITE DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE WEBSITE THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON BEYOND MEDSAMAAN 'S CONTROL. THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. MEDSAMAAN IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO AN INVALID COUPON. MEDSAMAAN ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.
11.4 MEDSAMAAN SHALL NOT BE LIABLE FOR ANY THIRD-PARTY PRODUCT OR SERVICES.
12. Indemnification and Limitation of Liability
12.3 In no event shall MedSamaan, its officers, directors, employees, partners or suppliers be liable to You, 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 MedSamaan 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 Your use of or access to the Website, Services or materials.
12.4 The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.
13. Violation of the Terms and Conditions
13.1 You agree that MedSamaan may, in its sole discretion and without prior notice, terminate Your access to the Website and block Your future access to the Website if MedSamaan determines that You have violated these Terms and Conditions or Additional Terms. You also agree that any violation by You of these Terms and Conditions will constitute an unlawful and unfair business practice, and will cause irreparable harm to MedSamaan, for which monetary damages would be inadequate, and You consent to MedSamaan obtaining any injunctive or equitable relief that MedSamaan deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies MedSamaan may have at law or in equity.
13.2 You agree that MedSamaan may, in its sole discretion, and without prior notice, terminate Your access to the Website, for cause, which includes (but is not limited to): (1) requests by law enforcement or other government agencies; (2) a request by You (self-initiated account deletions); (3) discontinuance or material modification of the Website or any service offered on or through the Website; or (4) unexpected technical issues or problems.
13.3 If MedSamaan does take any legal action against You as a result of Your violation of these Terms and Conditions, MedSamaan will be entitled to recover from You, and You agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to MedSamaan.
14.1 The Terms and Conditions will continue to apply until terminated by either You or MedSamaan as set forth below. If You want to terminate Your agreement with MedSamaan, You may do so by (i) not accessing the Website; or (ii) closing Your accounts for all of the Services that You use, where MedSamaan has made this option available to You.
14.2 MedSamaan may, at any time, with or without notice, terminate the Terms and Conditions (or portion thereof, such as any individual Additional Terms) with You if:
- MedSamaan is required to do so by law (for example, where the provision of a Product or a Services to You is, or becomes, unlawful);
- The provision of the Services to You by MedSamaan is, in MedSamaan's opinion, no longer commercially viable;
- MedSamaan has elected to discontinue, with or without reason, access to the Website, the Services (or any part thereof); or
14.3 MedSamaan may also terminate or suspend all or a portion of Your account or access to the Services with or without reason. Except as may be set forth in any Additional Terms applicable to a particular Service, termination of Your Account may include: (i) removal of access to all offerings within the Website or with respect to the Services; (ii) deletion of Your materials and Account Information, including Your personal information, log-in ID and password, and all related information, files and materials associated with or inside Your Account (or any part thereof); and (iii) barring of further use of the Services.
14.4 You agree that all terminations shall be made in MedSamaan's sole discretion and that MedSamaan shall not be liable to You or any third party for any termination of Your Account (and accompanying deletion of Your Account Information), or Your access to the Website and Services.
14.5 Notwithstanding the foregoing, these Terms and Conditions will survive indefinitely unless and until MedSamaan chooses to terminate them.
14.6 If You or MedSamaan terminates Your use of the Website, MedSamaan may delete any content or other materials relating to Your use of the Website and MedSamaan will have no liability to You or any third party for doing so.
15. Governing Law
15.1 These Terms and Conditions and all transactions entered into on or through the Website and the relationship between You and MedSamaan shall be governed in accordance with the laws of India without reference to conflict of laws principles.
15.2 You agree that all claims, differences and disputes arising under or in connection with or in relation hereto the Website, the Terms and Conditions or any transactions entered into on or through the Website or the relationship between You and MedSamaan shall be subject to the exclusive jurisdiction of the courts at New Delhi, India and You hereby accede to and accept the jurisdiction of such courts.
16. Report Abuse
16. In the event You come across any abuse or violation of these Terms and Conditions or if You become aware of any objectionable content on the Website, please report to MedSamaan customer support
17. Acceptance of Terms
18.1 You hereby expressly agree to receive communications by way of SMS, e-mails from MedSamaan relating to Services provided through the Website.
18.2 A User can unsubscribe/ opt-out from receiving communications from MedSamaan through e-mail anytime by clicking on the Unsubscribe option attached at the bottom of newsletter received through e-mail(MedSamaan would send newsletters to Subscribers periodically).
19. General Provisions
19.1 Notice: All notices of MedSamaan will be served by email or by general notification on the Website. Any notice provided to MedSamaan pursuant to the Terms and Conditions should be sent to MedSamaan customer support
19.2 Assignment: You cannot assign or otherwise transfer the Terms and Conditions, or any rights granted hereunder to any third party. MedSamaan's rights under the Terms and Conditions are freely transferable by MedSamaan to any third parties without the requirement of seeking Your consent.
19.3 Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Term of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms and Conditions shall continue in full force and effect.
19.4 Waiver: Any failure by MedSamaan to enforce or exercise any provision of the Terms and Conditions, or any related right, shall not constitute a waiver by MedSamaan of that provision or right.
20. Feedback and Information
20. Any feedback You provide to this Website shall be deemed to be non-confidential. MedSamaan shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that (i) Your feedback does not contain confidential or proprietary information of You or of third parties; (ii) MedSamaan is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) MedSamaan may have something similar to the feedback already under consideration or in development; and (iv) You are not entitled to any compensation or reimbursement of any kind from MedSamaan for the feedback under any circumstances.