Last updated on November 12, 2019.
THIS SERVICES AGREEMENT (the “Agreement” and/or “Terms and Conditions”), as amended from time to time by Kamal Healthcare Products (P) Ltd, its subsidiaries, affiliates, predecessors, successors and assigns (the terms “Kamal Healthcare Products (P) Ltd., “us,” “we” and/or “our” shall refer to Kamal Healthcare Products (P) Ltd), between you (the terms “Customer,” “you” and/or “your” shall refer to the individual, entity or organization that accepts this Agreement, has access to your account or uses the Services) and Kamal Healthcare Products (P) Ltd, sets forth the terms and conditions applicable to your purchase and/or use of our products and services (collectively, the "Services") as further set forth herein. You and Kamal Healthcare Products (P) Ltd together may be referred to herein as the “Parties” and each may be referred to herein as a “Party.” This Agreement explains our obligations to you, and your obligations to us in relation to any Services you purchase or otherwise utilize.
You acknowledge that you have read, understand and agree to be bound by all of the Terms and Conditions of this Agreement, as well as all other applicable rules or policies, terms and conditions, or service agreements that are or may be established by Kamal Healthcare Products (P) Ltd from time to time and are incorporated herein by reference.
Welcome to the Kamal Healthcare Products (P) Ltd website (the “Site”). By accessing this Site, you agree to be bound by the terms and conditions below (the “Terms”). If you do not agree to all of the Terms, please do not use the Site. Kamal Healthcare Products (P) Ltd may from time to time modify or revise the Terms by updating this Web page. Your use of our Site following any such change constitutes your agreement to follow and be bound by the Terms as changed. If any change is unacceptable to you, your only recourse is to terminate your use of the Site.
If you subscribe to any Services offered through this Site, you may also be subject to additional terms and conditions ("Terms of Service" or "TOS") applicable to such Services, which will be brought to your attention at that time.
This Site and its contents, including, but not limited to, text, photographs, graphics, illustrations, video, sound, and other material (all such content collectively referred to as “Content”) are protected under Indian and international copyright laws and are the property of Kamal Healthcare Products (P) Ltd or its third-party licensors. All rights reserved. All logos, splash screens, page headers, custom graphics, and button icons displayed on this Site are service marks, trademarks, and/or trade dress (collectively, “Marks”) of Kamal Healthcare Products (P) Ltd or its third-party licensors. Except as specifically permitted herein, copying, distributing, transmitting, displaying, modifying, selling, or participating in the sale of, or otherwise exploiting or using any Content or any Marks in any form or by any means without the express written permission of Kamal Healthcare Products (P) Ltd is prohibited.
The Site and its Contents are intended solely for personal, noncommercial use by the users of our Site. You may download or copy the Contents displayed on the Site for the sole purpose of using the Site as a personal resource, provided that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. No right, title, or interest in any downloaded materials is transferred to you as a result of any such downloading or copying.Your Comments:
We appreciate your comments, remarks, feedback, suggestions, ideas, and other submissions you disclose or transmit to us (collectively, “Comments”). You grant Kamal Healthcare Products (P) Ltd and its affiliates a perpetual, irrevocable, worldwide, royalty-free right and license to use, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, publicly perform, and publicly display (in whole or in part) your Comments, your name, and any related copyrights, moral rights, or other intellectual property rights.
This Site may contain links to other websites (“Linked Sites”). Kamal Healthcare Products (P) Ltd does not operate or control any information, products, or services on the Linked Sites and does not endorse or approve any products or information offered at Linked Sites. You acknowledge and agree that your access or use of any Linked Site is at your own risk.
This site, its contents, and all information, products, and services contained in or offered through this site are provided on an “as is” and “as available” basis without representations or warranties of any kind. Kamal Healthcare Products (P) Ltd expressly disclaims all such representations and warranties, either express or implied, including, without limitation, warranties of title, merchantability, fitness for a particular purpose, or noninfringement and any implied warranties arising from course of dealing or course of performance. Kamal Healthcare Products (P) Ltd does not warrant that this site or its contents will be complete, accurate, uninterrupted, secure, or error free or that the site or the server that makes it available are free of viruses or other harmful components. All information on the site is subject to change without notice.
You agree to defend, indemnify, and hold Kamal Healthcare Products (P) Ltd harmless from and against any and all claims, losses, damages, liabilities, costs, and expenses, including attorneys’ fees, arising from or related to your (i) use of the Site or (ii) violation of any of these Terms.
You agree to release, indemnify, defend and hold harmless Kamal Healthcare Products (P) Ltd and Kamal Healthcare Products (P) Ltd’s officers, directors, employees, agents, subsidiaries, partners, contractors, shareholders, attorneys, assigns and affiliates from and against any loss, liabilities, damages, costs, or expenses, including reasonable attorneys’ fees, resulting from any third-party claim, action or demand arising under or relating to:
i. this Agreement or the breach of Customer warranties, representations and obligations under this Agreement or any other Kamal Healthcare Products (P) Ltd term, rule, policy or agreement;
ii. Customer’s failure to perform in accordance with this Agreement;
iii. Customer’s use of the Services;
iv. the Website, Content and/or URLs;
v. Customer’s violation of any third-party rights; or
vi. Customer’s application for and registration of, renewal of, or failure to renew a particular domain name.
You agree that this indemnification obligation survives this Agreement’s termination or expiration. You agree to give prompt, written notice to Kamal Healthcare Products (P) Ltd upon the receipt of notice of any claim by a third party against you which might give rise to a claim against Kamal Healthcare Products (P) Ltd, stating the nature and basis of such claim and, if ascertainable, the amount thereof.
When Kamal Healthcare Products (P) Ltd is threatened with a lawsuit or is sued by a third party, Kamal Healthcare Products (P) Ltd may seek written assurances from you concerning your promise to indemnify Kamal Healthcare Products (P) Ltd. Such assurances may, without limitation, be in the form of a deposit of money by you to Kamal Healthcare Products (P) Ltd or its representatives to cover Kamal Healthcare Products (P) Ltd’s fees and expenses, including, but not limited to, reasonable attorneys’ fees, in any such lawsuit or threat of suit. Your failure to provide such assurances shall be considered by Kamal Healthcare Products (P) Ltd to be a material breach of this Agreement. Kamal Healthcare Products (P) Ltd shall have the right to participate in any defense by you of a third-party claim related to your use of any of Kamal Healthcare Products (P) Ltd’s Services, with counsel of Kamal Healthcare Products (P) Ltd’s choice. Kamal Healthcare Products (P) Ltd shall reasonably cooperate in the defense at your request and expense. You shall have sole and absolute responsibility to defend Kamal Healthcare Products (P) Ltd against any claim, but you must receive Kamal Healthcare Products (P) Ltd’s prior written consent regarding any related settlement.
In no event shall Kamal Healthcare Products (P) Ltd be liable for any direct, indirect, consequential, special, or incidental damages arising out of or related to your use of or inability to use this site or goods or services purchased or obtained through this site, whether in an action under contract, negligence, or any other theory, even if Kamal Healthcare Products (P) Ltd has been advised of the possibility of such damages.
You acknowledge and agree that Kamal Healthcare Products (P) Ltd. will not be liable under any circumstances to you or any other party, person or entity for any damages or losses that may result from the following:
i. TERMINATION, SUSPENSION, LOSS OR MODIFICATION OF YOUR SERVICE;
ii. USE OF OR INABILITY TO USE THE SERVICE;
iii. INTERRUPTION OF BUSINESS;
iv. ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THIS SITE OR A SERVICE (INCLUDING, WITHOUT LIMITATION, TO WEBSITES ACCESSED BY THE DOMAIN NAME REGISTERED IN YOUR NAME);
v. DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION;
vi. EVENTS BEYOND KAMAL HEALTHCARE PRODUCTS (P) LTD.’S AND ITS SUBCONTRACTORS’ CONTROL;
vii. APPLICATION OF ANY APPLICABLE LAW, REGULATION OR KAMAL HEALTHCARE PRODUCTS (P) LTD. POLICY (INCLUDING, BUT NOT LIMITED TO, ANY RELEVANT DISPUTE POLICY OR ANY OTHER ICANN OR SIMILAR GOVERNMENTAL OR SUCCESSOR ORGANIZATION ADOPTED POLICIES);
viii. PROCESSING OF YOUR DOMAIN NAME APPLICATION OR OTHER SERVICE APPLICATION;
ix. DISBURSEMENT OR NON-DISBURSEMENT OF FUNDS BY PAYMENT PROCESSORS;
x. TRANSACTIONS CONDUCTED ON A USER WEBSITE, INCLUDING FRAUDULENT TRANSACTIONS;
xi. LOSS INCURRED IN CONNECTION WITH YOUR SERVICES, INCLUDING, BUT NOT LIMITED TO, E-COMMERCE TRANSACTIONS;
xii. LOSS OR LIABILITY RESULTING FROM ERRORS, OMISSIONS OR MISSTATEMENTS IN ANY AND ALL INFORMATION OR SERVICES PROVIDED UNDER THIS AGREEMENT (This includes loss of data resulting from delays, nondeliveries, mis-deliveries or service interruptions caused by Kamal Healthcare Products (P) Ltd.’s own negligence or your errors or omissions, or due to inadvertent release or disclosure of information sent by service interruptions caused by Kamal Healthcare Products (P) Ltd.’s own negligence or your errors or omissions, or due to inadvertent release or disclosure of information sent by you.);
xiii. LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT NUMBER, PASSWORD OR SECURITY AUTHENTICATION OPTION;
xiv. UNAUTHORIZED ACCESS OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
xv. STATEMENTS OR CONDUCT OF ANY THIRD PARTY USING YOUR SERVICES;
xvi. LOSS OR LIABILITY RELATING TO THE DELETION OF OR FAILURE TO STORE E-MAIL MESSAGES;
xvii. VIOLATION OF ANY THIRD PARTY RIGHTS, INCLUDING, BUT NOT LIMITED TO, RIGHTS OF PUBLICITY, RIGHTS OF PRIVACY, INTELLECTUAL PROPERTY RIGHTS AND ANY OTHER PROPRIETARY RIGHTS;
xviii. LOSS OR LIABILITY THAT YOU MAY INCUR IN CONNECTION WITH KAMAL HEALTHCARE PRODUCTS (P) LTD.’S PROCESSING OF YOUR APPLICATION FOR KAMAL HEALTHCARE PRODUCTS (P) LTD.’S SERVICES, THE PROCESSING OF ANY AUTHORIZED MODIFICATION TO YOUR DOMAIN NAME RECORD, OR YOUR AGENT’S FAILURE TO PAY ANY FEES, INCLUDING THE INITIAL REGISTRATION FEE OR RE-REGISTRATION FEE; AND
xix. ANY OTHER MATTER RELATING TO YOUR USE OF THE SERVICES.
Kamal Healthcare Products (P) Ltd. disclaims any responsibility for any Content, goods and services sold by you or otherwise made available through your Website, or the quality or accuracy of any information on your Website. Kamal Healthcare Products (P) Ltd. will not endorse, warrant, or guarantee any product or service offered through your Website, and will not be a party to or in any way monitor any transaction between you and third-party purchasers of products or services offered through or resulting from the services or use of your Website, including, but not limited to, all sales of goods or services, credit card transactions, banking or securities transactions, or any business, service or merchandise agreements. Additionally, the Kamal Healthcare Products (P) Ltd. website may contain links to other Internet websites or resources (including partner websites or third-party advertising on an Kamal Healthcare Products (P) Ltd. website). You acknowledge and agree that neither Kamal Healthcare Products (P) Ltd. nor any third party are responsible or liable in any way for (i) the availability or accuracy of linked websites or resources or (ii) the content, advertising or products on or available from such linked websites. The inclusion of any link on our website does not imply that Kamal Healthcare Products (P) Ltd. or a third party endorses any of the linked websites, and you agree to use the links at your own risk.
Additionally, Kamal Healthcare Products (P) Ltd. will not be liable to you for any indirect, special, incidental or consequential damages of any kind, (including, but not limited to, lost profits, goodwill, data, the cost of replacement goods or services, business interruption or other intangible losses), whether foreseeable or not, regardless of the form of action, whether in contract or tort, including negligence, even if Kamal Healthcare Products (P) Ltd. has been advised of the possibility of such damages.
Kamal Healthcare Products (P) Ltd.’s aggregate liability shall not exceed the total amount paid by you for the Services, but in no event shall it be greater than five hundred rupees (INR500.00), and you acknowledge and agree that this will be your exclusive remedy under this Agreement and otherwise in relation to your use of the Services. You agree that Kamal Healthcare Products (P) Ltd.’s entire liability, in law, equity or otherwise, with respect to any Services provided under this Agreement and/or for any breach of this Agreement, is solely limited to the amount you paid for such Services during the term of this Agreement, except as otherwise limited herein. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states Kamal Healthcare Products (P) Ltd.’s liability is limited to the maximum extent permitted by law.
You acknowledge and agree that any claim or cause of action arising out of or related to this Agreement or any of Kamal Healthcare Products (P) Ltd.’s Services must be filed within one (1) year after such claim or cause of action initially arose or such claim or cause of action is permanently barred.
You further agree that any dispute or disagreement relating to or arising out of this Agreement or the Services shall be resolved on an individual basis. As such you acknowledge and agree that you may not bring a claim that relates to or arises out of this Agreement or the Services as a plaintiff or a class member in a class action, a consolidated action or a representative action. You acknowledge and agree that class actions, representative actions, private attorney general actions, and consolidation with other actions are not permitted.
You acknowledge and agree that the limitations contained in this Section are an essential element of this Agreement and absent such limitations, Kamal Healthcare Products (P) Ltd. would not enter into this Agreement or provide Services hereunder. Each Party acknowledges that it has not entered into this Agreement in reliance upon any warranty or representation except those specifically set forth herein.
If you provide any information that is untrue, inaccurate, incomplete or not current, or we have reasonable grounds to suspect that such information is untrue, inaccurate, incomplete or not current, Kamal Healthcare Products (P) Ltd has the right to suspend or terminate your account and refuse any and all current or future use of the Custom Website Services (or any portion thereof). You acknowledge that Kamal Healthcare Products (P) Ltd does not pre-screen Content, images and inventory. However, Kamal Healthcare Products (P) Ltd and its designees shall have the right to remove any Content that violates the Kamal Healthcare Products (P) Ltd Acceptable Use Policy ("AUP"). You agree that you must evaluate, and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Kamal Healthcare Products (P) Ltd or submitted to Kamal Healthcare Products (P) Ltd.
Customer will use the Custom Website Services in a manner which does not interfere with or disrupt other network users, services, or equipment, and Kamal Healthcare Products (P) Ltd reserves the right to terminate or suspend the Custom Website Services without notice if such interference is determined by Kamal Healthcare Products (P) Ltd to exist. Such interference or disruption includes, but is not limited to:
• Wide-scale distribution of messages, including bulk email or unsolicited spam email, or wide- scale distribution of messages to inappropriate mailing lists, newsgroups, or other public or private forums;
• Propagation of computer worms or viruses; and
• Use of the network to make unauthorized entry to other computational, information, or communications devices or resources. This includes unauthorized security probing activities or other attempts to evaluate the security integrity of a network or host system without permission.
Prices mentioned on our website for our Services/products is an indicative figure only, and they are subject to change without any notice. You will be charged the price for our Services/products as it is listed on the time of placing of order on our website.
In the event a product is listed at an incorrect price due to an error of pricing, we shall have the right, at our sole discretion, to either (i) contact you for recovery of any difference in price before or after dispatch; or (ii) cancel any orders placed for that product and shall intimate you of such cancellation, before dispatch.
In the event the product ordered by you has already been dispatched, your offer will not be deemed to have been accepted by us and we will have the right to correct the price of the product and shall contact you for recovery of the balance amounts due and payable.
In the event the product ordered by you has already been delivered to you, we will continue to have the right to correct the price of the product and shall contact you for recovery of the balance amounts due and payable.
As consideration for the Services you purchase, order or otherwise utilize, you agree to pay Kamal Healthcare Products Private Limited all applicable prices and fees as designated in the related order process, with such prices and fees subject to change as provided in this Agreement. All prices and fees are due immediately or upon ordering and are non-refundable, except as otherwise expressly provided in this Agreement, as required by applicable law.
If you require Additional Services, then additional prices and fees will apply pursuant to current rates, which are also subject to change in accordance with this Agreement.
All quoted prices and fees include all applicable Taxes (GST), and other taxes and government charges, whether federal, state or foreign. You are responsible for payment of all such taxes, fees, duties and charges on your payment for the purchase of Services arising from any and all fees under this Agreement. Accordingly, you agree to pay all GST and other taxes related to Kamal Healthcare Products Private Limited services or payments made by you hereunder.
All payments of prices and fees for Kamal Healthcare Products Private Limited Services shall be made in INDIA Rupees. Although Kamal Healthcare Products Private Limited may display pricing in various currencies, transaction processing is supported only in Indian Rupees and the pricing displayed during the checkout process will be an estimated conversion price at the time of purchase. If the currency of your bank or credit card account is not in Indian Rupees, you may be charged exchange rate conversion fees by your bank or Credit Card Company. In addition, due to time differences between (i) the time you complete the checkout process; (ii) the time the transaction is processed; and (iii) the time the transaction posts to your bank or credit card, the conversion rates may fluctuate and Kamal Healthcare Products Private Limited makes no representations or warranties that (a) the amount submitted to your bank or credit card for payment will be the same amount that is posted to your bank or credit card statement or (b) the estimated conversion price will be the same as either the amount processed or the amount posted to your bank or credit card statement, and you agree to waive any and all claims against Kamal Healthcare Products Private Limited based upon such discrepancies (including any and all claims for a refund based on the foregoing). You acknowledge and agree that you may be charged GST based on the country indicated in the account holder’s address information associated with your account. Set up prices and fees, if any, will become payable on the applicable effective date for the applicable Services.
All orders will be on cash on delivery basis or prepaid orders and payment options will be either by Net banking or through credit / debit card. However we reserve the right to change the mode of payment at any time without prior notice. Payment can be made only in Indian Rupees which shall be inclusive of applicable GST and all above payment instruments must have been issued in accordance with applicable Indian laws, rules and regulations by entities operating in India.
You agree and confirm that the credit / debit card details or other financial details provided by you for availing of services on the Site will be correct and accurate and you shall not use the credit /debit card or financial facility which is not lawfully owned / obtained by you. You also understand and agree that all financial information submitted by you is directly received by our acquiring bank and not taken or retained by us in any manner. We will not be liable for any credit / debit card fraud or any misuse. The liability for use of a card fraudulently will be on you and the onus to ‘prove otherwise’ shall be exclusively on you. We and our associated acquiring bank or financial institutions reserve the right to recover the cost of goods, collection charges and lawyers’ fees from persons using the Site fraudulently. We and our associated acquiring banks or financial institutions reserve the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful acts or acts or omissions in breach of these terms and conditions in accordance with applicable laws.
In the event, an international credit card is used for domestic orders, the transaction amount will be converted to INR before the payment is accepted. Currency conversion charges, for which, may apply according to your credit card policy.
Pricing for Services, renewals, and product upgrades and add-ons may vary based upon the date of your purchase. Additional payment terms may apply to the Services you purchase, as set forth in the applicable supplemental service and product agreements to this Agreement, on our website or as otherwise outlined in the applicable order process.