Term of Use

PLEASE CAREFULLY READ THESE TERMS OF USE. BY USING THIS WEBSITE YOU INDICATE YOUR UNDERSTANDING AND ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS YOU MAY NOT USE THIS WEBSITE.

Welcome to the User Agreement for MedSamaan.com. The MedSamaan service and website (collectively, "MedSamaan" or "the Service") are operated by iHeal HealthTech Pvt Ltd and its corporate affiliates (collectively, "us", "we" or "the Company"). This Agreement describes the terms on which you may access, and use our services. By accessing or using our web site ("Site"), you (the "User") signify that you have read, understood and agree to be bound by these Terms of Use ("Terms of Use" or "Agreement"), whether or not you are a registered member of MedSamaan (Member). In the event of any inconsistency between the MedSamaan Privacy Policy and this Agreement, the Agreement shall override the Privacy Policy. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. If you do not agree to be bound by the terms of this Agreement, you may not use or access our services. We reserve the right to modify this Agreement at any time, and without prior notice, by posting the amended terms on this Site. Your continued use of the Site indicates your acceptance of the amended Agreement.

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.  iHeal HealthTech Pvt Ltd 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, iHeal HealthTech Pvt Ltd reserves the right to cancel the order and refund the amount

 

1. Eligibility

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. If you are under 18 years of age, then please do not use the MedSamaan site.

2. Registration Details and Account Security

In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Details"); (b) maintain and promptly update the Registration Details, and any other information you provide to Company, to keep it accurate, current and complete; and (c) you are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur using your password or account with or without your knowledge.

3. User Conduct

Content on the Website is provided to you “AS IS” for your information and personal use only, and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of MedSamaan.
MedSamaan is not responsible for the conduct of its users. Therefore, in using MedSamaan you represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. 
In addition, you agree not to use the Service or the Site to:

• post any content or initiate communications which are unlawful, libelous, abusive, obscene, discriminatory, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable.
• use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;
• use automated scripts to collect information from or otherwise interact with the Service or the Site;
• upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, and credit card numbers;

4. Proprietary Rights in Site Content; Limited License

All content on the Site and available through the Service, including but not limited to designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the "Site Content"), are the proprietary property of the Company, its users or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company's prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the Site. Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content, you may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to this Agreement, and does not include use of any data mining, robots or similar data gathering or extraction methods. Any use of the Site, or the Site Content other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws, and the applicable communications regulations and statutes. Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring any license to intellectual property rights, whether by estoppels, implication or otherwise. This license is revocable at any time without notice, and with or without cause.

5. Assumption of Risks

By using this site, you assume all risks that the site, applications, and related information are suitable or accurate for your needs and will be uninterrupted, timely, secure or error-free. Any applications downloaded or otherwise obtained through the site are at your own discretion and risk, and you are solely responsible for any damage to your computer or loss of data. By viewing this site, reading comments by other users or accessing applications and services related to this site you may be exposed to rude, crude, indecent, or other offensive language or references. You agree that we shall not be responsible for any loss or damage of any sort relating to your dealings with any third party advertiser or content provider on the site.

6. Ordering

Orders by Customer are subject to acceptance by iHeal HealthTech Pvt Ltd. as per the availability of the product. Placement of order by Customer will constitute acceptance of terms and conditions listed on Website. No terms and conditions appearing in Customer’s order that are in variance with or contrary to these term and conditions shall be binding upon iHeal HealthTech Pvt Ltd unless specifically agreed to in writing signed by iHeal HealthTech Pvt Ltd.

7. Payment, Pricing & Promotions

Invoices will be dated as of the date of the shipment, and unless otherwise agreed in writing, are payable on an open account immediately at the time of order or at the time of delivery of items, as per the payment option chosen by the Customer. All payments shall be made in Indian Rupees and may be made by online transfer, credit or debit card, DD. iHeal HealthTech Pvt Ltd may suspend shipment of Products to Customers whose previous dues are unpaid, at no liability to iHeal HealthTech Pvt Ltd. Due to manufacturers’ price increases or decreases or other events outside of iHeal HealthTech Pvt Ltd’s reasonable control, pricing is subject to change without prior notification. Prices are all inclusive of taxes except GST and delivery charges.

Special offers, coupons or discounts can only be applied at time of order and may not be applied to any previous order. Prices and products are subject to change without notice.

8. Viewing Orders

 We will provide the shipment booking reference and the website address of the Courier Company from there you can track your order in their ‘Track Your Order” page.

9. Third Party Websites and Content

The Site contains (or you may be sent through the Site or the Service) links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, presentations, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). Such Third Party Sites or Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including without limitation the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.

10. Disclaimer of Warranties

You understand and agree that the MedSamaan service is provided on an “as is” and “as available” basis and that MedSamaan does not assume any responsibility for prompt or proper delivery, or retention of any user information or communications between users. MedSamaan assumes no responsibility for the accuracy or existence of any communications between users. MedSamaan expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

MedSamaan makes no warranty that (i) the MedSamaan service will meet your requirements, (ii) the MedSamaan service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from use of the MedSamaan service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the MedSamaan service will meet your expectations, and (v) any errors in the software will be corrected.

11. Limitation of Liability

You expressly understand and agree that MedSamaan shall not 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 (even if MedSamaan has been advised of the possibility of such damages). Some jurisdictions do not allow the exclusion of the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.  To the maximum extent permitted by applicable law, our total liability to you for any damages (regardless of the foundation for the action) shall not exceed in the aggregate the amount actually paid by you to us in relation to any product or service.

12. Governing Law

The terms and conditions of this User Agreement shall be governed in all respect by the Indian laws. All disputes are subject to the jurisdiction of the Courts of Shimla, India. The parties to these terms and conditions hereby submit to the exclusive jurisdiction of the courts of Delhi, India.