Terms & Conditions
Medventura Medicals Pvt. Ltd., a company having its registered office at 821,Pearl Omaxe Tower II, Netaji Subhash Place,Pitampura, New Delhi – 110034, Delhi, India (hereinafter referred to as the “Company”) is engaged in the business of online integration services for all medical equipments, medical services, medical consumables and providing end to end service solutions including packing, freight forwarding, servicing and consultancy in medical industry (hereinafter referred to as the “Services”) and is the owner of the E-Commerce platform by the name Medventura, currently hosted at nwow.in , along with the mobile application by the name of Medventura (collectively, hereinafter referred to as to the “Websites”) wherein the Medventura conducts the businesses as listed above.
The Websites and the Services are provided to you subject to these Medventura Terms & Conditions for usage of the Websites and Services owned and offered by Medventura (hereinafter referred to as the “Terms“). For the purpose of the Terms and wherever the context so requires, the terms “you”, “your” or “the user” shall mean any person who uses the Websites or the Services in any manner whatsoever including any persons browsing the Websites and its content, any person placing an order for any/all of the Services offered on the Websites as a buyer (hereinafter also referred to as the “Buyer”), any person posting, listing or advertising its own products (including medical equipments and consumables) or other such services for sale on the Websites (hereinafter also referred to as the “Vendor”), or for posting comments or any content or responding to any advertisements or content on the Websites, facilitating any of the services listed on the Websites and/or any person who is visiting the Websites for knowing about the Company and the Services provided by the Websites, or for any other purpose, including seeking a job or any other information about the Company or the Websites .
By using the Services and by accessing the Websites, you agree to comply with these Terms. Additionally, when using any portion of the Services, you agree to conform to any applicable posted guidelines for such Services, which may change or be updated from time to time at the sole discretion of the Company. You understand and agree that you are solely responsible for reviewing these Terms in a periodic manner. Should you object to any term or condition of these Terms, any guideline, or any subsequent change(s) thereto or aren’t satisfied with the Company or its Services in any manner, your only choice is to immediately discontinue the usage of the Websites.
Any new features or tools which are added to the Websites shall also be subject to these Terms. You can review the most current version of the Terms at any time on this page. The Company reserves the right to update, change or replace any part of these Terms by posting updates and/or changes to our Websites. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Websites following the posting of any changes constitutes acceptance of those changes. These Terms shall apply to all users of the site, including without limitation to the users who are buyers, vendors and/ or any other visitor of the Websites.
DESCRIPTION OF SERVICE AND CONTENT POLICY
- The Websites act as a marketplace to allow the users who comply with these Terms to offer, sell, and buy products (including medical equipments and consumables) and services listed on the Websites. Although you may be able to conduct payment and other transactions through the Websites, using third-party vendors such as HDFC , the Company is not in any way in involved in such transactions apart from the fixed fee that the Company shall be charging for every transaction as explained in the Schedule of Charges . On payment of such fee, Medventura shall facilitate the Buyers to avail services as listed against each of the product or services by the Vendors, which shall be informed before the Buyer purchases the products listed at the Websites.
- You understand that the Company does not control, and is not responsible for ads, directory information, business listings/information, messages between the users, including without limitation emails sent from outside the Company’s domain or other means of electronic communication, whether through the Websites or any other medium or software beyond the control of the Company or comments, files, images, photos, video, sounds, or any other material or content (hereinafter referred to as the “Content“) made available through the Websites and the Services. However , the Company would regularly be scrutinizing the user postings, offerings, business listings/information and directory information in order to ensure that the quality of products and services that are made available through the Websites. Nevertheless, you acknowledge and agree that you are responsible for and must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will the Company be liable in any way for the Content or for any loss or damage of any kind incurred as a result of the browsing, using or reading any Content listed, emailed or otherwise made available via the Websites or the Services. You acknowledge and agree that the Company cannot and does not pre-screen or approve any Content, but that the Company has the right, in its sole and absolute discretion, to refuse, delete or move any Content that is or may be available through the Websites or the Services, for violating these Terms and such violation being brought to the Company’s knowledge or for any other reason or no reason at all. Furthermore, your access any part of the Content which contains a an external link to a website or software outside the control of the Company, you may be subject to the terms and conditions and other policies of the external or Third Party websites or softwares. The Company makes no representation or guarantee as to the accuracy or authenticity of the information contained in any such website or software, outside the Company’s control, and your access to such links is completely at your own risk and the Company shall not be responsible thereto.
- You acknowledge and agree that you are solely responsible for your own Content posted on, transmitted through, or linked from the Websites or the Services and the consequences of posting, transmitting, linking or publishing it. More specifically, you are solely responsible for all Content that you upload, email or otherwise make available via the Websites or the Services. In connection with such Content posted on, transmitted through, or linked from the Websites or the Services by you, you affirm, acknowledge, represent and warrant that you own or have and shall continue to, for such time the Content is available on the Websites, have the necessary licenses, rights, consents, and permissions to use such Content on the Websites or the Services (including without limitation all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such Content) and authorize the Company to use such Content to enable inclusion and use, including any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content in the manner contemplated by the Websites or the Services and these Terms.
- The Company does not endorse or takes any liability over the authenticity any Content posted or uploaded by any user on the Websites. The Company does not permit activity that may infringe intellectual property right of the Company or any third party on the Websites or any activity prohibited by law and the Company may, at its sole discretion, remove any infringing Content if properly notified in accordance with applicable law that such Content infringes on another’s intellectual property rights or for being illegal. The Company reserves the right to remove any Content without prior notice and the Company may also terminate any user’s access to the Websites.
You agree not to post, email, host, display, upload, modify, publish, transmit, update or share any information on the Site, or otherwise make available Content:
- that violates any law or regulation;
- that infringes intellectual property or otherwise is subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have necessary permission or an appropriate license to use the Content;
- that you do not have a right to make available under any law or regulations for the time being in force within or outside India or any contractual or fiduciary relationship(s);
- that is harmful, abusive, unlawful, threatening, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy or other rights, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or illegal gambling or harms or could harm minors in any way or otherwise unlawful in any manner whatsoever;
- that harasses, degrades, intimidates, is hateful or is preferential or biased towards any individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- that threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation;
- that includes personal or identifying information about another person without that person’s explicit consent;
- that impersonates any person or entity, including, but not limited to, the Company employee, or falsely states or otherwise misrepresents an affiliation with a person or entity;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- that is false, deceptive, misleading, deceitful, misinformative, or constitutes “bait and switch” offer;
- that constitutes or contains “pyramid schemes,” “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” or unsolicited advertisements of a commercial nature;
- that includes links to commercial services or Third Party Softwares, except as specifically allowed by the Company;
- 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 or any other computer resource or that disrupts the normal flow, access or working of the Websites or that attempts to gain unauthorized access to any portion or feature of the Websites or the accounts and/or passwords connected to or accessible through the Websites or the server where the Websites are hosted by any means;
- that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Websites or the Services.
Additionally, you agree not to:
- contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;
- make any libellous or defamatory comments or postings to or against anyone;
- collect personal data about other users or entities for commercial or unlawful purposes;
- use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Websites or the Services, except for internet search engines (e.g,. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file;
- post the same item or service in multiple classified categories or forums, or in multiple metropolitan areas;
- attempt to gain unauthorized access to computer systems owned or controlled by the Company or use any type of automated device or software that enables the submission of automatic postings on the Company without human intervention or authorship (an “automated posting device”);
Notwithstanding anything mentioned above, the Company is not responsible for any Content on the Websites which is in violation of the Terms and you agree and assume all liability if such Content is used by you. Further you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against the Company, i.e. Medventura with respect to the Content or any portion thereof present in the Websites which is in violation of the Terms or is inaccurate, offensive, indecent, harmful, or objectionable, defamatory or libellous to you.
USAGE OF WEBSITE
- You shall solely be responsible for maintaining the necessary computer equipments and Internet connections that may be required to access, use and transact on the Website
- 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 and/or prohibited by law.
- The Company 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 limits that may be mutually agreed by the Company with the concerned banks from time to time.
- By accessing the Websites, you agree that in order to collect, aggregate, copy, duplicate, display or make derivative use of the Websites or the Services or any Content made available via the Websites for any purposes outside the scope that is envisaged by the Company, the Websites or these Terms, you would for every such instance first obtain a license from the Company.
INTELLECTUAL PROPERTY RIGHTS
- You acknowledge and agree that the Content on the Websites, 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 Website (hereinafter referred to as the “Marks”) are the property of the Company or the users or Buyers or Vendors or respective third parties who have posted the portion of the content containing their respective Marks. You are not permitted to use the Marks without the prior consent of the Company, the Buyer , the 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, i.e., Medventura owns all intellectual property rights to and into the trademark “Medventura” and/or other such Marks owned by the Company, the Content 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 (including patent applications pending to be granted) and also the associated/necessary goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
- Except as expressly provided herein, you acknowledge and agree that you shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content or any portion thereof through any medium without obtaining the necessary authorization from the Company, the Buyer, the Vendor or any third party owner of such portion of the Content.
DEALINGS WITH THE COMPANY AND OTHER USERS/BUYERS/VENDORS
- You acknowledge and agree that the Company shall not be liable for your interactions with any user or Buyers or Vendors, of any goods, products or of any services on the Websites. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with any interaction you may have with other such users, Buyers, Vendors, whether organizations or individuals.
- You agree that these dealings are solely between you and such users or Buyers or Vendors, the Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or interactions or services when rendered by the Vendors. If there is a dispute between participants on the Websites, or between users and any third party, you understand and agree that the Company is under no obligation to become involved in such dispute.
- You agree that the Company’s role in case of the medical equipment products listed for sale by the Vendors, is to take the facilitation fee from the Buyer, inform or disclose the details of the Vendor of such products and facilitate the initialization of the transfer, or exchange or sale of such product. You agree that the Company shall not be and is not responsible for completion of the transaction of products, i.e., transfer, or exchange or sale of such product in any manner.
- You agree that the Company’s role in case of the medical equipment products listed for auction by the Vendors, is to take the facilitation fee in advance from the Vendors, inform or disclose the details of the Vendor of such products in advance and facilitate the initialization of the transfer, or exchange or sale of such product. You agree that the Company shall not be and is not responsible for completion of the transaction of products, i.e., transfer, or exchange or sale of such product in any manner.
- You agree that the while availing the consumables and the services listed by the Vendors, the Company’s role is only limited to that of a intermediary and only till the time the payment is made by the Buyer through the Websites, which is transferred to such Vendor by the Company. The Company shall not be and is not responsible for the accuracy, completeness or quality of the services or the products being offered by such Vendor in any manner whatsoever. Once the financial transaction is completed, it shall be the Vendor’s responsibility to deliver such product or services to the Buyer and complete the transaction in the required manner. You agree that availing of such service by a Vendor is completely at your risk and any loss or harm that may occur to you shall not claim against or seek indemnification from the Company with regard to such service.
DISCLAIMER OF WARRANTIES
- YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE WEBSITES AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK AND THAT THE WEBSITES AND THE SERVICES ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR OTHER PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.
- TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITES AND THE SERVICES AND YOUR USE THEREOF.
- THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITES OR THE CONTENT OF ANY THIRD PARTY SOFTWARES LINKED TO THE WEBSITES AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITES AND/OR AVAILING OF SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITES, (IV) 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 ANY OF THE CONTENT, EITHER WITH OR WITHOUT YOUR KNOWLEDGE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITES BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, COMMUNICATED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITES OR THE SERVICE. FURTHER, THE COMPANY 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 THE COMPANY’S CONTROL.
- THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE, INCLUDING THE QUALITY OF ANY PRODUCT OR SERVICE AVAILED THROUGH THE WEBSITES, ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITES OR ANY HYPERLINK OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THE COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND/OR OTHER USERS AND/OR THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
INDEMNIFICATION AND LIMITATIONS OF LIABILITY
- IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE WEBSITES OR THE SERVICES, INCLUDING WITHOUT LIMITATION WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WEBSITES OR THE SERVICES, FROM INABILITY TO USE THE WEBSITES OR THE SERVICES, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WEBSITES OR THE SERVICES. SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITES OR THE SERVICES OR ANY LINKS ON THE WEBSITES, AS WELL AS BY REASON OF ANY INFORMATION, OPINIONS OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITES OR THE SERVICES OR ANY LINKS ON THE WEBSITES. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT THE COMPANY SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
- NOTWITHSTANDING ANYTHING TO CONTRARY, THE COMPANY’S ENTIRE LIABILITY TO YOU UNDER THESE TERMS OR OTHERWISE SHALL NOT EXCEED THE AMOUNT OF MONEY PAID AS THE FACILITATION FEES OR PAYMENT THAT HAS BEEN MADE BY YOU FOR ANY SPECIFIC PRODUCT (WHETHER MEDICAL EQUIPMENT OR CONSUMABLE) OR SERVICE, UNDER WHICH SUCH LIABILITY MAY ARISE. IN CASE THE USER, AFTER PAYING THE NECESSARY FEE AS PER THE SCHEDULE OF CHARGES AND MEETING THE VENDOR OF PRODUCTS, DECIDES NOT TO CONTINUE WITH THE TRANSACTION, THE COMPANY, I.E., MEDVENTURA SHALL BE REFUNDING THE FEE AS PAID AFTER DEDUCTING THE NECESSARY CHARGES AS EXPLAINED IN THE SCHEDULE OF CHARGES, ON SUBMISSION OF NECESSARY DOCUMENTS CONFIRMING THE CANCELLATION OF TRANSACTION BY BOTH THE PARTIES.
- THE TERMS AND CONDITIONS CONTAININED IN CLAUSE 8 OF THIS AGREEMENT AND THE SUB-CLAUSES THERETO INCLUDING INDEMNIFICATION OBLIGATION WILL SURVIVE TERMINATION, MODIFICATION OR EXPIRATION OF THESE TERMS AND YOUR USE OF THE WEBSITES AND/OR AVAILING OF THE SERVICES.
- IF THE COMPANY TAKES ANY LEGAL ACTION AGAINST YOU AS A RESULT OF YOUR VIOLATION OF THESE OF USE, THE COMPANY WILL BE ENTITLED TO RECOVER FROM YOU, AND YOU AGREE TO PAY, ALL REASONABLE ATTORNEYS’ AND OTHER LEGAL FEES AND COSTS OF SUCH ACTION, IN ADDITION TO ANY OTHER RELIEF GRANTED TO THE COMPANY.
- THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
- Notice: All notices of the Company will be served by email or by general notification on the Website. Any notice provided to the Company pursuant to the Terms should be sent to contact information as mentioned in the Contact Us page
- Assignment: You cannot assign or otherwise transfer the Terms, or any rights granted hereunder to any third party. The Company’s rights under the Terms are freely transferable by the Company to any third parties without the requirement of seeking your consent.
- Severability: If, for any reason, a Court of competent jurisdiction finds any provision of the Terms, 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 shall continue in full force and effect.
- Waiver: Any failure by the Company to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver by the Company of that provision or right.
- These Terms and all transactions entered into on or through the Website and the relationship between you and the Company shall be governed in accordance with the laws of India without reference to conflict of laws principles.
- You agree that all claims, differences and disputes arising under or in connection with or in relation hereto the Website or the Services, the Terms or any transactions entered into on or through the Website or the relationship between you and the Company 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.