The electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the same Act.
This electronic record is generated by a computer system and does not require any physical or digital signatures.
The Platform is owned by MedVol Data Solutions LLP a Limited Liability Partnership incorporated under the Companies Act, 2013 (hereinafter referred to as "MedVol" or “Company”). This document is a legally binding agreement between you as the user(s) of the Platform (referred to as “you”, “your” or “User” hereinafter) and MedVol.
1.Your Account and Registration Obligations:
Your mobile phone number and/or e-mail address is treated as Your primary identifier on the Platform. It is your responsibility to ensure that Your mobile phone number and your email address is up to date on the Platform at all times. You agree to notify Us promptly if your mobile phone number or e-mail address changes
You agree that MedVol shall not be liable or responsible for the activities or consequences of use or misuse of any information that occurs under your Account in cases, including, where You have failed to update Your revised mobile phone number and/or e-mail address on the Platform.
If You share or allow others to have access to Your account on the Platform (“Account”), they will be able to view and access Your Account information. You shall be solely liable and responsible for all the activities undertaken under Your Account, and any consequences therefrom.
When You use the Platform or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.
4.Platform for Transaction and Communication
The Platform is a platform that Users utilize to meet and interact with one another for their transactions. Any transaction between the Platform's Users are at the prerogative of the Users and MedVol is not party to the transaction
1.Commercial / contractual terms are offered by and agreed to between Buyers, Sellers and Brand. The commercial/contractual terms include price, shipping costs, payment methods, payment terms, date, warranties related to products and services and after sales services related to products and services. MedVol does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the buyers and sellers. All discounts offered (including exchange offers) are by the seller / brand and not by MedVol.
2.The Seller retains the right to cancel any such order placed by the buyer, at its sole discretion and the buyer and the Platform shall be intimated of the same by way of an email/SMS. Any transaction price paid by buyer in case of such cancellation by seller, shall be refunded to the buyer.
3.MedVol does not make any representation or warranty as to specifics (such as quality, value, saleability, etc) of the products or services proposed to be sold or offered to be sold or purchased on the Platform. MedVol does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Platform. MedVol accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
4.MedVol is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. MedVol cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the Platform. MedVol shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and Sellers.
5.MedVol does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc) of any of its Users. You are advised to independently verify the bona fides of any particular User that You choose to deal with on the Platform and use Your best judgment in that behalf.
6.MedVol does not at any point of time during any transaction between Buyer and Seller on the Platform come into or take possession of any of the products or services offered by Seller nor does it at any point gain title to or have any rights or claims over the products or services offered by Seller to Buyer.
7.At no time shall MedVol hold any right, title or interest over the products nor shall MedVol have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers. MedVol is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
8.The Platform is only a platform that can be utilized by Users and Brands to reach a larger for their products or services. MedVol is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly between the Seller and the Buyer and the Brand.
9.At no time shall MedVol hold any right, title or interest over the products nor shall MedVol have any obligations or liabilities in respect of such contract.
10.MedVol is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
11.You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the seller(s) that You transact with.
Seller may cancel your order(s).
You release and indemnify MedVol and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Platform and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, MedVol cannot take responsibility or control the information provided by other Users which is made available on the Platform. You may find other User's information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Platform. Please note that there could be risks in dealing with underage persons or people acting under false pretence.
You must not use the Platform in any way that causes, or is likely to cause, the Platform or access to it to be interrupted, damaged or impaired in any way. You understand that you, and not MedVol, are responsible for all electronic communications and content sent from your computer to us and you must use the Platform for lawful purposes only. You must not use the Platform for any of the following:
1.for fraudulent purposes, or in connection with a criminal offense or other unlawful activity
2.to send, use or reuse any material that does not belong to you; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright, ademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam
3.to cause annoyance, inconvenience or needless anxiety.
6.Disclaimer of Warranties and Liability
This Platform, all the materials and products (including but not limited to software) and services, included on or otherwise made available to You through this site are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, MedVol does not warrant that:
This Platform will be constantly available, or available at all; or The information on this Platform is complete, true, accurate or non-misleading. MedVol will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Platform. MedVol does not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Platform; their servers; or electronic communication sent from Us are free of viruses or other harmful components. Nothing on Platform constitutes, or is meant to constitute, advice of any kind. All the Products sold on Platform are governed by different state laws and if Seller is unable to deliver such Products due to implications of different state laws, You will be required to enter a valid phone number while placing an order on the Platform. By registering Your phone number with us, You consent to be contacted by Us via phone calls, SMS notifications, mobile applications and/or any other electronic mode of communication in case of any order or shipment or delivery related updates. We will not use your personal information to initiate any promotional phone calls or SMS.
MedVol reserves the right to delete any listings in various categories.
• While availing any of the payment method/s available on the Platform, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:
1.Lack of authorization for any transaction/s, or
2.Exceeding the present limit mutually agreed by You and between "Bank/s", or
3.Any payment issues arising out of the transaction, or
4.Decline of transaction for any other reason/s
All payments made on the Platform by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. Platform will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Platform. Seller may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to Our Users.
• Transactions, and commercial terms such as Delivery, Dispatch of products and/or services are as per principal to principal bipartite contractual obligations between Buyer and Seller and payment facility is merely used by the Buyer and Seller to facilitate the completion of the Transaction. Use of the payment facility shall not render MedVol liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the products and /or services listed on MedVol's Platform.
•You understand, accept and agree that the payment facility provided by MedVol is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, collection and remittance facility for the Transactions on the MedVol Platform using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing Payment Facility, MedVol is neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price.
8.2Payment Facility for Buyers:
REFUNDS AND CANCELLATIONS
•You, as a Buyer, understand that upon initiating a Transaction You are entering into a legally binding and enforceable contract with the Seller in making a payment to Seller using the Payment Facility, and You shall pay the Transaction Price through Your Issuing Bank to the Seller using Payment Facility.
•You, as a Buyer, confirm receipt of the underlying goods and are initiating a Transaction only post the confirmed receipt in the best of condition as per the agreed terms and conditions between the Buyer and Seller. There is no return of the goods required and there is no dispute on the goods received.
•You, as a Buyer, shall electronically confirm Payment Facility using the appropriate Platform features the Delivery as required provided in the Payment Facility Rules and Policies.
•You, as a Buyer, shall be entitled to claim a refund of the Transaction Price (as Your sole and exclusive remedy) only on specific request of card-issuer as per the specific guidelines of Reserve Bank of India and in no other situation. In case the same is not raised using Platform features within the stipulated time than this would make You ineligible for a refund. Refund shall be subject to the confirmation of the Seller,
•You, as a Buyer, understand that the Payment Facility may not be available in full or in part for certain category of products and/or services and/or Transactions as mentioned in the Policies and hence You may not be entitled to a refund in respect of the Transactions for those products and /or services
•Refund, if any, shall be made at the same Issuing Bank from where Transaction Price was received, or through any other method available on the Platform, as chosen by You.
•Refund shall be made in Indian Rupees only and shall be equivalent to the Transaction Price received in Indian Rupees.
•For electronics payments, refund shall be made through payment facility using NEFT / RTGS or any other online banking / electronic funds transfer system approved by Reserve Bank India (RBI).
•Refunds may be supported for select banks. Where a bank is not supported for processing refunds, You will be required to share alternate bank account details with us for processing the refund.
•Refund shall be conditional and shall be with recourse available to MedVol in case of any misuse by Buyer.
•MedVol may also request you for additional documents for verification.
•Refund shall be subject to Buyer complying with Policies.
•Refund can only be initiated within 7-Days of initiation of transaction
8.3Compliance with Laws:
•As required by applicable law, if the buyer makes a purchase of an amount equal to or above INR 2,00,000.00, the buyer will be required to upload a scanned copy of his/her PAN card on the Platform, within 4 days of making the purchase, failing which, the purchase made by the buyer will be cancelled. The requirement to submit the PAN card arises only once and if it has been submitted once by the buyer, it need not be submitted again. The order of the buyer shall stand cancelled if there is a discrepancy between the name of the buyer and the name on the PAN Card.
•Buyer and Seller shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using Payment Facility and MedVol Platform.
8.4Buyer's arrangement with Issuing Bank:
•All Valid Credit / Debit/ Cash Card/ and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the Buyer and the respective Issuing Bank and payment instrument issuing company.
•All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which support Payment Facility to provide these services to the Users. All such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between Buyer and the respective Issuing Bank.
11.Jurisdictional Issues/Sale in India Only
Unless otherwise specified, the material on the Platform is presented solely for the purpose of sale in India. MedVol make no representation that materials in the Platform are appropriate or available for use in other locations/Countries other than India. Those who choose to access this site from other locations/Countries other than India do so on their own initiative and MedVol is not responsible for supply of products/refund for the products ordered from other locations/Countries other than India, compliance with local laws, if and to the extent local laws are applicable.
12.Trademark, Copyright and Restriction
This site is controlled and operated by MedVol and products are sold by respective Sellers. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Platform is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other Platform or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.
Please contact us for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Platform.
In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
Name: Ms. Gajapathi S
Address: MedVol Data Solutions LLP,
A403, Tower 1, Star Hub, Sahar Airport Rd, Andheri East, Mumbai-400-099, India
Phone: +91 98400 48314 / +91 44481 37024