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- The term “User” shall refer to the user who is using, visiting or browsing the website and/ or purchasing the products from the website of Boston Ivy Healthcare Solutions Private Limited and its affiliates (“Medikabazaar”).
- Medikabazaar shall not be held responsible for any use or application of the product/ equipment posted / available on its website.
- Medikabazaar reserves the right to modify any information, prices and the availability of any product, as indicated on its website without giving any prior notice.
- Medikabazaar shall have the right to remove any item(s) from its product list and revise the product(s) made available on the website at its sole discretion.
- All site design, text, graphics, audio, video, etc. is the property of Medikabazaar only and shall not be used, reproduced, distributed, disseminated, etc. by anyone without the prior written approval of Medikabazaar. All rights not expressly granted herein are reserved.
- All trademarks (TM), service marks (SM), and trade names, logos, etc. as available on the website of Medikabazaar are proprietary to their respective owners.
- You shall not hold Medikabazaar liable for the product specifications or description displayed on the website of Medikabazaar as the same may or may not contain entire content/ information about the product. Medikabazaar requests you/ User to refer to the original packing for a detailed information/ content of the product. The information/ content of the product displayed on the website of Medikabazaar is indicative and may vary from the packaging, image, and material of the actual product.
- You are expected not to use the website of Medikabazaar in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
- You are expected not to use the website of Medikabazaar to transmit or send unsolicited commercial communications to any third party.
- Medikabazaar reserves its right to terminate the access of the User at any time for any reason as deemed fit by Medikabazaar. The provisions regarding disclaimer of warranty, accuracy of information and indemnification shall survive such termination.
- You/ User undertake and agree that Medikabazaar and its employees shall not be held responsible for any product, content, information, goods and/ or services provided on/ through the website. Medikabazaar has, in good faith, published the information regarding the product on its website based on the data provided by the manufacturers and the suppliers or the information that is publicly available.
- You/ User undertake and agree that you will not solely rely on the information provided on the website of Medikabazaar. Medikabazaar recommends you/ User to read the labels, warnings and the user manuals before using any product as purchased from its website.
- The website is provided “as is” without any representations or warranties, express or implied. Medikabazaar makes no representations or warranties in relation to the website of Medikabazaar or the information and materials provided on the website.
- Without prejudice to the generality of the foregoing paragraphs, Medikabazaar makes no warranty that (i) the website will meet the requirements of the User; or (ii) that the website will be available on an uninterrupted, timely, secure, or error-free basis or (iii) that the results that may be obtained from the use of the website or any services offered through the website by the User will be accurate or reliable.
- In no event will Medikabazaar be liable to any User for any direct, indirect, incidental, special, exemplary, punitive or consequential damages of any type whatsoever related to or arising from the website or any use of the website, or of any site or resource/information linked to, referenced or accessed through the website of Medikabazaar, or for the use or downloading of, or access to, any materials, information, products, or services, alleged breach of warranty, negligence or improper handling of the goods and services.
- An order placed by the User shall be subject to any force majeure event and the availability of the product at the time of receipt of the order by Medikabazaar.
- If any provision of these terms is, or is found to be, unenforceable under applicable law, then that will not affect the enforceability of the other provisions of these terms.
- The failure of Medikabazaar to exercise or enforce any right or provision of these terms shall not constitute a waiver of such right or provision. The invalidity of any portion of these terms by a proper legal authority shall not affect the remaining portions of these terms or any part thereof, and these terms shall be construed, as if the invalid portion or portions had not been inserted therein.
- Any dispute of claim arising out of or in connection with these terms shall be referred to arbitration in accordance with the Arbitration and Conciliation Act, 1996, as amended. The proceedings shall be conducted by a sole arbitrator appointed by Medikabazaar in English language only. The seat of arbitration shall be at Mumbai.
- These terms and conditions will be governed by and construed in accordance with laws of India, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts at Mumbai.
- You agree that the exclusions and limitations of liability set out in this disclaimer are reasonable as otherwise you may not use the website of Medikabazaar.