TERMS & CONDITIONS – 365Medshop
Please read the following terms and conditions very carefully as your use of service is subject to your acceptance of and compliance with the following terms and conditions (“Terms”).
By subscribing to or using any of our services you agree that you have read, understood and are bound by the Terms, regardless of how you subscribe to or use the services. If you do not want to be bound by the Terms, you must not subscribe to or use our services.
In these Terms, references to “you”, “User” shall mean the end user accessing the Website, its contents and using the Services offered through the Website. “Service Providers” mean independent third-party service providers, and “365medshop.com”, “we”, “us” and “our” shall mean Ostomed Surgical & Medical Devices, its franchisor, affiliates and partners.
http://www.365medshop.com/ website (“Website”) is an Internet based content and e-commerce portal operated by Ostomed Surgical & Medical Devices, a company incorporated under the laws of India. Use of the Website is offered to you conditioned on acceptance without modification of all the terms, conditions and notices contained in these Terms, as may be posted on the Website from time to time. 365medshop.com at its sole discretion reserves the right not to accept a User from registering on the Website without assigning any reason thereof.
- User Account, Password, and Security:
You will receive a password and account designation upon completing the Website’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify 365medshop.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. 365medshop.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 2. User can unsubscribe/Opt-out from our communications sent on SMS and Email or any service by contacting our customer support: email@example.com
365medshop.com provides a number of Internet-based services through the Web Site (all such services, collectively, the “Service”). One such service enables users to purchase original merchandise. (collectively, “Products”). Upon placing an order, 365medshop.com shall ship the product to you and be entitled to its payment for the Services.
You agree and undertake to use the Website and the Service only to post and upload messages and material that are proper. By way of example, and not as a limitation, you agree and undertake that when using a Service, you will not:
defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents;
upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another computer;
conduct or forward surveys, contests, pyramid schemes or chain letters;
download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
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 for or to any particular Service;
violate any applicable laws or regulations for the time being in force in or outside India; and
violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere herein.
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. Notwithstanding anything to contrary, 365medshop.com entire liability to you shall be the refund of the money charged from you for any specific Voucher, under which the unlikely liability arises. Under no circumstance shall 365medshop.com be liable for any consequential, indirect or remote loss that you or your friends and family may suffer.
- Usage Conduct:
You shall solely be responsible for maintaining the necessary computer equipment’s 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. 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.
7.Intellectual Property Rights:
Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, 365medshop.com owns all Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website belonging to 365medshop.com without obtaining authorization from 365medshop.comAll trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
Notwithstanding the foregoing, it is expressly clarified that you will retain ownership and shall solely be responsible for any content that you provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of our Service. However, with regard to the product customization Service (as against other Services like blogs and forums) you expressly agree that by uploading and posting content on to the Website for public viewing and reproduction/use of your content by third party users, you accept the User whereby you grant a non-exclusive license for the use of the same.
8.Links To Third Party Sites:
The Website may contain links to other websites (“Linked Sites”).The Linked Sites are not under the control of Ostomed Surgical & Medical Devices or the Website and 365medshop.com is not responsible for the content of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. 365medshop.com is not responsible for any form of transmission, whatsoever, received by you from any Linked Site. 365medshop.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by 365medshop.com or the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof. The users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the Linked Sites is done entirely at his own discretion and risk and the user will be solely responsible for any damage to his computer system or loss of data that results from the download of such material and/or data.
The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of the Terms or the right to use the Website by you contained herein or any other section or pages of the Website or any Linked Sites in any manner whatsoever.
10.Pricing for Products :
Prices for products are described on our Website and are incorporated into these Terms by reference. All prices are in Indian rupees. Prices, products and Services may change at 365medshop.com’s discretion.
11.Disclaimer Of Warranties/Limitation Of Liability:
365medshop.com has endeavoured to ensure that all the information on the Website is correct, but 365medshop.com neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or Service. In no event shall 365medshop.com be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages. Neither shall 365medshop.com 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, 365medshop.com 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 our control. The user understands and agrees that any material and/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 and/or data. We reserve the right to cancel the order. In case payment has already been made, the same would be refunded within 15 working days. The product and its warranty, is directly honoured by the company and has to be taken directly from the company and we as a merchant are not liable for contingency liability or product, liability or warranty. Our liability ceases to exists once we assist you in raising a complaint with the vendor / manufacturer, as the case maybe. We as a merchant 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 the Cardholder having exceeded the pre-set limit mutually agreed by us with our acquiring bank from time to time.
You agree to indemnify, defend and hold harmless 365Medshop from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by 365medshop.com that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms.
365medshop.com may suspend or terminate your use of the Website or any Service at its sole and absolute discretion. Notwithstanding the foregoing sub-section above, these Terms will survive indefinitely unless and until 365medshop.com chooses to terminate them. If you or 365medshop.com terminates your use of the Website, 365medshop.com may delete any content or other materials relating to your use of the Website and 365medshop.com will have no liability to you or any third party for doing so.
These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles, and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at Ludhiana, India.
As per these Terms, users are solely responsible for every material or content uploaded on to the Website. 365medshop.com does not review the contents in any way before they appear on the Website. 365medshop.com does not verify, endorse or otherwise vouch for the contents of any user or any content generally posted or uploaded on to the Website as & when upload facility is active on the website. Users can be held legally liable for their contents and may be held legally accountable if their contents or material include, for example, defamatory comments or material protected by copyright, trademark, etc. If you come across any abuse or violation of these Terms, please report to firstname.lastname@example.org.
16.Terms For Promotions/Contests/Offers/Campaigns:
Winners of specific contests can use their coupons in the sale.
Multiple coupons may not be redeemed against a single order.
Sale discounts apply to selected items only.
Promotional offers and discounts may be combined only at the discretion of 365Medshop.
All offers are non-transferable and have no cash value.
365medshop.com reserves the right to extend or terminate the offers/sale, without further information at any point of time. In case of any query pertaining to use of coupon and/or credit note or regarding the sale/offers, please email customer care at email@example.com.
17.General Terms for Offers and Promotions:
Discounts will be applied to the total merchandise value including VAT and applicable taxes. Issuance or redemption of a voucher or coupon will apply to the total value of the qualifying order once all promotional discounts have been applied. Only one credit note/gift coupon/coupon can be used per order unless otherwise stated.
Discount coupons – Discount coupons may from time to time be offered to account holders; such coupons may only be applied to purchases made through the account to which the discount coupon was offered and registered.
Promotional discount coupons – We may from time to time offer promotional discount coupons which may apply in respect of any, or certain specified, purchases made though this Website.
365medshop.com shall introduce various offers, schemes or contest at different times. The terms and conditions for such Contest shall be separately available on the Site. 365medshop.com reserves the right to change / modify /add/delete any of the terms and conditions prevailing on the different promotional schemes it introduces in market from time to time. 365medshop.com, at its discretion, can withdraw a particular scheme from the website or market.
In case of any query pertaining to use of coupon and/or credit note or regarding the schemes, please email customer care: firstname.lastname@example.org. While participating in any 365Medshop contest you hereby agree to release and hold 365medshop.com (and its officers, directors, agents, subsidiaries, affiliates, joint ventures, and employees) harmless from any claim or demand, but not limited to reasonable attorneys’ fees, or arising out of or related to your participation in the said Contest.
18.Terms for Quotation Request & Orders:
The orders accepted against Quotation Request will be supplied against the special terms & conditions mentioned with the quotation submitted and therefore supersedes all the terms & conditions. No offer, discount coupon, voucher and refund & return is applicable on orders converted thru quotations. It is mandatory for buyer to provide the correct details which will be submitted through Registration Form at the time of placing order and the buyer is responsible for the details provided. If any of the terms are not acceptable for quotation orders, you can reject the quotation. If you will place the order against the submitted quotation by us, it will consider as acceptance of terms with the order. 365Medshop reserves the right to accept or reject the quotation at any point of time. 365Medshop will not entertain, accept or responsible for any claim for any of the order which is supplied thru quotation request.
19.Affiliate Commission & Payment
The affiliate commission percentage offered to you will be provided after the approval and registration of your affiliate account. For earning commission remittance to your account by your chosen payment method, you have to provide your complete bank details with PAN no. If you fail to provide your any of the legal documents required, we reserve the right to hold your affiliate remittance until the required documents provided by you.
Payment remittance: The total earning of a month with your affiliate account will be transferred to your bank account in the first week of next month. The affiliate commission payment will be transferred into your account after deduction of GST amount applicable at the time of payment. 365Medshop offers 7-day return policy to customers. Hence products ordered through your affiliate links might get cancelled or returned within 7 days of ordering. We make payments to the affiliates only for products which are not returned in these 7 days. If you have any questions related to your affiliate account, you can write us an email on: email@example.com
While we take extra efforts to ensure that the displayed product information is correct, on occasion manufacturers may alter the product specifications. Actual product packaging and materials may contain more and/or different information than that shown on our web site. We insist/recommend that you do not solely rely on the information presented and that you always read labels, warnings, and directions before using or consuming a product. For more information about any specific product, please contact the manufacturer.
21.Return & Refund Policy:
You have agreed to our Return & Refund policy which you can check by clicking below link: