Terms and Conditions

Last updated on November 12, 2019.

Introduction

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.

Terms of Use

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.

Copyright and Trademark Notice

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.

Privacy & External Links

Privacy: It is our policy to respect the privacy of individuals who visit the Site or provide Comments to us. Our privacy policy (the “Privacy Policy”), which you may view at kamalhealthcare.com, is incorporated herein by reference. By accepting these Terms, you expressly consent to the use and disclosure of your personally identifiable and other information as described in the Privacy Policy.

Linked Sites: 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.

Disclaimer

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.

Indemnification

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.

Limitation of Liability

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:

  1. Termination, suspension, loss or modification of your service;
  2. Use of or inability to use the service;
  3. Interruption of business;
  4. Access delays or access interruptions to this site or a service;
  5. Data non-delivery, mis-delivery, corruption, destruction or other modification;
  6. Events beyond Kamal Healthcare Products (P) Ltd.’s and its subcontractors’ control;
  7. Application of any applicable law, regulation or policy;
  8. Processing of your domain name application or other service application;
  9. Disbursement or non-disbursement of funds by payment processors;
  10. Transactions conducted on a user website, including fraudulent transactions;
  11. Loss incurred in connection with your services, including e-commerce transactions;
  12. Loss or liability resulting from errors, omissions or misstatements;
  13. Loss or liability resulting from the unauthorized use or misuse of your account tracking details;
  14. Unauthorized access or alteration of your transmissions or data;
  15. Statements or conduct of any third party using your services;
  16. Loss or liability relating to the deletion of or failure to store email messages;
  17. Violation of any third party rights including privacy or intellectual property;
  18. Loss or liability that you may incur in connection with processing or structural fee variances;
  19. 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. 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 (INR 500.00)**, and you acknowledge and agree that this will be your exclusive remedy under this Agreement.

You acknowledge and agree that any claim or cause of action arising out of or related to this Agreement must be filed within **one (1) year** after such claim or cause of action initially arose or be permanently barred. All disputes must be resolved on an **individual basis**; class actions or representative processes are strictly prohibited.

Account Integrity & Non-Interference

Information and Content You Provide: If you provide any information that is untrue, inaccurate, incomplete or not current, Kamal Healthcare Products (P) Ltd has the right to suspend or terminate your account. We reserve the right to remove any content that violates our Acceptable Use Policy ("AUP").

Non-Interference By You: Customer will use services in a manner which does not interfere with or disrupt other network users. Prohibited activities include:

  • Wide-scale distribution of messages, including bulk email or unsolicited spam email.
  • Propagation of computer worms or viruses.
  • Use of the network to make unauthorized entry to other computational or communication systems.

Pricing

Prices mentioned on our website for our Services/products are 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 at the time of placing of order on our website.

In the event a product is listed at an incorrect price due to an error, we shall have the right, at our sole discretion, to either:

  • Contact you for recovery of any difference in price before or after dispatch; or
  • Cancel any orders placed for that product and intimate you of such cancellation before dispatch.

If the product has already been delivered, we continue to maintain the right to correct the price and recover balance amounts due.

Payment Facility & Financial Details

As consideration for the Services you purchase, you agree to pay Kamal Healthcare Products Private Limited all applicable fees designated during order processing. All prices are due immediately and are non-refundable unless stated otherwise. Quoted metrics include **GST** and standard transaction levies.

All core platform fees are transacted in **Indian Rupees (INR)**. If an international payment vehicle is submitted, your native banking house may assess exchange dynamic handling rates. Orders can be fulfilled using Net Banking, Debit/Credit Cards, or on a Cash-on-Delivery (COD) basis.

Financial Information Clause

You agree that all payment fields submitted are exact and authorized. All banking strings flow directly through our processing clearing house banks and are not stored or retained on our servers. The responsibility for fraudulent card usage rests entirely on the customer.