Terms and conditions for the use of the site
- Description of goods
The company provides users with access to medical goods/ Products displayed and made available for sales inclusive and not limited to medical consumables and hospital supplies online (the “Service”).
- Licence and site access
Company grants you a limited license to access and make use of the Site and the Service. This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorised hypertext links to the Site and the framing of any content available through the Site uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in company’s sole discretion) an unreasonable or disproportionately large load on company’s infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by company to prevent or restrict access to the Site. Any unauthorised use by you shall terminate the permission or license granted to you by company and the Company will be entitled to take appropriate legal action against you as also claim any loss, damage, cost, penalty, charges in relation thereto
- Membership Eligibility:
Minors not being competent to contract under the age of 18 years in terms of the Indian Contract Act, 1872 shall not be entitled to use of this website.
- Account Responsibility
All accounts are the responsibility of the Customer’s operating the same. Customer agrees that it is the Customers responsibility to keep the account details confidential and to prevent unauthorised use of Customers account. Company does not accept any responsibility of misuse of Customers account. Customer also agrees to provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form. If Customer provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, company has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof) as also take necessary legal action as advised.
Customer accepts agrees and confirms that the website is an E-commerce Platform and is only an online platform which enables Customer to choose from vast range of products from different suppliers/ manufacturers, from any location in the world subject to delivery at any location in India at the Price indicated therein. However delivery of goods/ products shall be at an additional transportation, facilitation and service charges as shall be indicated. Customer understands that the Company and the website only act as facilitators and shall at no time be responsible for the Products and shall not be held responsible in any orders amounting to only an bipartite contract between the Purchaser and the Seller.
The price of the goods is the price displayed on our website at the time you place the order. GST is included. Delivery charges inclusive of transportation, facilitation and service charges are in addition to the price of the goods/ Products and will be reflected on the order page prior to your placing the order and will be also reflected in the email confirmation of your order. company does not guarantee that the price will be the lowest in the city, region or geography. Prices and availability are subject to change without notice.
Delays in Delivery or non availability will be informed and in the event of further delay Customer shall be provided the option of cancellation which shall be made in writing by the Customer within 24 hours of receipt of delay notice in writing or by any form of electronic communication, waiver of cancelation by the Customer will not amount to deficit services by the Company and Company shall not be held responsible for the same. It is categorically understood by the Customer that delay on account of Postal Department/ transport/ courier/ non availability of goods/ products shall be at all times covered under Force Majeure and the Company shall at no point of time held responsible for the same.
- Patent/ Copyright/ Trademark
All contents including database which includes contents on the website, text, graphics, logos, button icons, images, audio clips, digital, downloads, Meta tags data compilation and software rights being either Copy Right, Intellectual Property Right, Trademark or Patent are the property of the Company and the same are protected by either Company’s copy right or the suppliers copy right. Any display of database, alteration, modification of database and or any violation of rights shall be dealt with severely.
- Guarantee/ Warranty
Company does not take any onus, guarantee and warranty (express or implied) in respect of quality, accuracy, reliability, timeliness, performance, safety of the products that are displayed and or sold on the website. Company has neither verified each product nor looked into the true contents and information of the goods/products displayed. It is expressly agreed that all use of goods/ products are Customers personal choices and should be purchased and used only after medical advise or reference. It is categorically understood by the Customer that presence of Products on the website or any advertisements of Products and Companies does mean that the Company is implicitly or explicitly supporting or endorsing the quality brand and or sale or purchase of any Products. Company shall neither be responsible for the Products purchased through the website or advertised on the website and at no point of time be held liable for the products/ brands and or be required to mediate or resolve disputes between Customer and Seller/ Manufacturer.
- Objectionable Content
In the event Customer thinks any of the contents, displays, products are illegal, discriminatory, immoral, defamatory, obscene, injurious, has virus, is a spam or harmful to third parties or in any manner objectionable please intimate and notify the Company in writing at the email address hereinafter appearing and the Company ensures to look into the same.
11.Cancellation by customer:
Orders once placed and have already been processed shall not be cancelled
Customer shall indemnify and keep indemnified and hold harmless the Company, its, directors, employees, agents, officers, affiliates and assigns from any claim or demand or actions including attorneys’ fees, legal cost, fees, damages, charges, loss of name, loss of business on account of any claims charges initiated and or defended by the Company on account of default, act of omission commission, faults attributable to sale of Vendors goods and or for any reasons attributable to the Vendor by Customers, third parties or any persons claiming through or from them or any third party claims arising out of use, misuse, claims relating to this products of the Vendor sold and displayed on the website.
Customer upon use of this website shall have deemed to have accepted all the terms and conditions of use of this website as also terms of purchase and use of all Goods/ Products as displayed on this website and hereby releases the Company, its, directors, employees, agents, officers, affiliates and assigns from any cost, damage, liability, charge, fine and or consequences of any acts of commission or omission and or actions or inactions of the Sellers/ Manufacturers and waive any and all rights of claims against the Company for any reason whatsoever under any law, contract, rules and regulations or otherwise.
In the event company is of the opinion that the website is being misused or the Customer is fraudulent and or is having ulterior motives and or is conducting in illegal and or inappropriate business practice. The Company shall be entitled to demand identity proof and or reasons of purchase and the Customer shall willingly provide all data, documents, details demanded by the Company failing which the Company shall be entitled to cancel Products/ effect return and or take appropriate remedy as deemed fit.
- Force majeure
It is agreed that the Company shall not be held responsible for any delay, failure to comply with the services and obligations on account of Force majeure inclusive of any reasons beyond the Control of the Company.
- Fraudulent /Declined Transactions
Company reserves the right to initiate civil/criminal proceedings against any persons for fraudulent use of the Site and any other unlawful acts or omissions in breach of these Terms of Service. In the event of detection of any fraudulent transaction, company reserves the right to immediately delete such account and dishonour all past and pending orders without any liability and such right will be in addition to and right as available to the Company under law.
- Credit Card / Debit Card Details
You agree, understand and confirm that the credit card details provided by you to the payment gateway for availing of services on company will be correct and accurate and you shall not use the credit card which is not lawfully owned by you. That is, in a credit card transaction, you shall use your own credit card. You further agree and undertake to provide the correct and valid credit card details to the payment gateway. Company will not be liable for any credit card fraud. The liability for use of a card fraudulently will be on you and the onus to ‘prove otherwise’ shall be exclusively on you.
The Site or third parties may provide links to other World Wide Web sites or resources. Because company has no control over such sites and resources, you acknowledge and agree that company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
If any of these conditions are deemed invalid, void, or for any reason unenforceable, the parties agree that the legal remedy as referred hereinafter shall be enforced and such remedy should endeavour to give effect to the parties’ intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Customer agrees and confirms that Customer and or any person claiming through or from them shall refrain from any form of publication whether written or oral in any form of media, print or gathering relating to the website and or use of the website failing which the Company shall be entitled to claim damages, penalty, charges, legal cost etc and such right to claim monetary claims shall be over and above the right to take appropriate legal actions as available under law and as legally advised.
Any notice whether notice to submit dispute to amicable settlement and or any notice of whatsoever nature shall be addressed to
Name: Customer support team
Address: Lab Medica Healthcare LLP
C104, Ratnakar Apt, Mahavir Nagar, Near HDFC Bank, Kandivali West, Mumbai 400067
Tel. : 022-28084050 / 28085040
Any disputes arising out of use and in relation to this website for any reasons whatsoever shall be settled amicably by written reference from the affected party to the other, in the event the parties fail to reach an amicable settlement within 30 days from the date of written notice of such dispute by the affected party to the party concerned, such dispute shall be referred to and settled in accordance with the Arbitration and Conciliation Act, 1996 and or any statutory modification, re-enactment thereof. The venue for amicable settlement and or Arbitration shall be Mumbai and shall be conducted in English
- Governing Law
Courts of Mumbai shall have exclusive Jurisdiction to deal with any matters relating or arising out of use and or reference of this website.
Notwithstanding any other provisions of this TOU, or any general legal principles to the contrary, any provision of this TOU that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this TOU.