TERMS OF SERVICE         

This document constitutes an electronic record within the meaning of Section 2(t) of the Information Technology Act, 2000 and the applicable rules framed thereunder, including the revised provisions pertaining to electronic records in various statutes as amended by the said Act from time to time. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in compliance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011, which mandate the publication of the rules and regulations, privacy policy, and terms of use for access or usage of the domain name www.medansh.in  (hereinafter referred to as the “Website”), owned and operated by Meddey Technologies Private Limited, a company duly incorporated under the provisions of the Companies Act, 2013, having its registered office at C-75, First Floor, DDA Sheds, Okhla Industrial Area, Phase I, New Delhi – 110020 (hereinafter referred to as the “Company”, which expression shall, unless repugnant to the context or meaning thereof, be deemed to include its successors, assigns, representatives, administrators, employees, directors, officers, agents and affiliates).

1. Definitions and Interpretations

For the purposes of these Terms of Use (“Terms”), unless the context otherwise requires:

• User/You shall mean any natural or legal person who has agreed to become a user of the Website by accessing or using any of the Services provided therein, and who is competent to contract under the provisions of the Indian Contract Act, 1872.
• We/Us/Our shall mean the Website and/or the Company, as the context may require.
• Services shall mean and include the facilitation of sale, distribution, and delivery of medical equipment, devices, products, medicines, and other medical essentials, as well as web-based remote interactions between patients and healthcare professionals, through the Website.
• Party/Parties shall refer individually and collectively to the User, the Company, its Affiliates, Vendors (including product providers and healthcare professionals), as the context may require.

The headings and subheadings contained in these Terms are inserted solely for the purpose of convenience and organizational reference. They shall not be deemed to affect the construction or interpretation of any provision herein, nor shall they be relied upon by either party to construe the substantive rights or obligations under these terms. The Parties expressly agree that such headings shall have no legal or contractual significance.

2. Binding Nature of Terms

·       Governing Framework: The User’s access to and use of the Website shall be governed exclusively by these Terms of Use, the Privacy Policy, and any other rules, guidelines, policies, terms, and conditions applicable to specific Services offered by the Website, all of which shall be deemed to be incorporated herein by reference and shall constitute an integral part of these Terms. The User’s continued use of the Website shall constitute conclusive evidence of the User’s acknowledgment, understanding, and unconditional acceptance of these Terms and the aforementioned policies. The User is advised to read these documents carefully prior to accessing or utilizing any part of the Website.

·       Legal Binding and Acceptance: The User unequivocally agrees and acknowledges that these Terms, together with the Privacy Policy and any other applicable policies, constitute a legally binding agreement between the User and the Company. The User shall be subject to all rules, guidelines, policies, terms, and conditions applicable to any Service provided by the Website, and the same shall be deemed to be incorporated into these Terms and treated as part and parcel thereof. The User further acknowledges and agrees that no physical or electronic signature or express act is required to render these Terms binding. The User’s act of accessing, browsing, or using any part of the Website shall constitute full and final acceptance of these Terms and the associated policies.

·       Right to Amend: The Company reserves the sole, absolute, and unfettered right to amend, modify, revise, or update these Terms at any time, without prior notice or consent from the User and any such amendments shall become effective immediately upon being posted on the Website without any further intimation or notification, unless otherwise required. Further, it shall be the sole responsibility of the User to periodically review the Terms and remain informed of any changes. Continued use of the Website or any of its Services following the posting of amended Terms shall be deemed to constitute the User’s acceptance of such modifications. If the User does not agree to the revised Terms, the User must immediately discontinue use of the Website and Services.

·       Limited License: Subject to the User’s continued compliance with these Terms, the Company hereby grants the User a limited, personal, non-exclusive, non-transferable, revocable license to access and use the Website and its Services solely for lawful purposes and in accordance with these Terms. This license does not permit any resale, commercial use, or derivative exploitation of the Website or its contents. The User shall not, without the prior written consent of the Company:

§  Copy, reproduce, republish, download, post, transmit, distribute, adapt, modify, or create derivative works from any content available on the Website;

§  Use any content for commercial exploitation or public dissemination;

§  Reverse engineer, decompile, or disassemble any part of the Website or its content.

Any unauthorized use of the Website or its content shall constitute a material breach of these Terms and may result in civil and/or criminal liability under applicable law.

3. Nature and Scope of Services

The website enables users to browse, categorise, and to effect smooth functioning for sale of medical equipment, devices, products, and related healthcare essentials (“Products”) to Users, as well as the website enables the users to purchase the products based on various filters, including but not limited to disease-specific categories, anatomical relevance, therapeutic application, etc. All Products made available through the Website are sourced from independent third-party vendors, manufacturers, or suppliers and the Company does not manufacture, endorse, or warrant any Product listed on the Website (except for the products made under the label of ‘Medansh’).

·      Product liability Disclaimer and Limitation of Claims

§  The Website is a platform that facilitates the sale and distribution of medical equipment, devices, products, medicines, and other medical essentials (“Products”). All products listed on the Website are provided by third-party vendors, manufacturers, or suppliers (“Vendors”), and the Company does not manufacture, alter, recommend and/or test any of the products sold. (except for products made under the label of ‘Medansh’)

§  The Company and the Website endeavours to ensure that only quality products are listed and made available, however, it expressly disclaims any and all liability arising from, express or implied, including but not limited to quality, merchantability, fitness for a particular purpose, accuracy, reliability, or non-infringement with respect to any product or service offered through the Website. Product specifications, including but not limitedweight, color, craftsmanship, dimensions, and other descriptive attributes, are approximate and may vary from the actual product due to factors beyond the Website’s control. Users acknowledge and accept that variations in color and appearance may occur due to differences in display settings, monitor capabilities, and other technical limitations inherent in digital viewing.

§  The Company shall not be held liable for any defect, deficiency, contamination, side effect, adverse reaction, or any other issue arising from the use, misuse, or failure of any product purchased through the Website. All such claims, disputes, or liabilities shall be directed solely to the respective Vendor or manufacturer of the product.

§  The Website does not provide medical advice, diagnosis, treatment, or care of any kind. Users are advised to consult qualified healthcare professionals before using any medical product or device. The Website does not provide medical advice, diagnosis, or treatment recommendations.

§  The Company shall not be responsible for any injury, loss, damage, or harm resulting from reliance on information provided on the Website or from the use or misuse of any product purchased. The User assumes full responsibility for the use of any product and agrees to indemnify and hold harmless the Company from any claims arising therefrom.

§  By using the Website and purchasing products, the User acknowledges and agrees that the Company’s role is limited to that of an intermediary and that the Company shall not be liable by using the Website and purchasing products, the User acknowledges and agrees that the Company’s role is limited to that of an intermediary and that the Company shall not be liable for any product-related claims or damages.

·      Database and Outreach: The company uses globally accepted digital marketing tools to help and understand the users need better based on which some customers may be contacted regarding their needs, which is purely to help and support the requirements of customer and not for any other purpose. The data is collected in accordance with other industry leading organizations. The company understands it’s responsibility and hence the data sourced and stored in all the above said cases is kept purely confidential and it is not shared any further and also not used in any other manner apart from helping address the customer needs in a better optimised way.

·      Communication: By accessing and using the website, the User expressly consents and authorizes the Company, its affiliates, partners, and authorized service providers to contact the User via telephone calls (including autodialed and/or pre-recorded message calls), e-mails, SMS/text messages, or other electronic means, for the purposes of transactional communication, service-related updates, and marketing or promotional outreach, subject always to the Company’s Privacy Policy.

Should the User wish to opt out of receiving marketing or promotional communications, the User may submit a written request to that effect by sending an email to cs@meddey.com with the subject line clearly marked as “Unsubscribe”. The User acknowledges and agrees that the Company may require up to 7  business days from the date of receipt of such request to process and implement the opt-out, and that during this period, communications may continue to be received.

Notwithstanding the foregoing, the User expressly agrees and acknowledges that the Company, its affiliates, or partners may continue to contact the User in relation to any service availed of by the User through the Website, including but not limited to order fulfillment, customer support, service feedback, or any other matter reasonably connected thereto.

·      The Company reserves the right to cancel orders under certain circumstances, including but not limited to:

§  Natural calamities or force majeure events affecting delivery;

§  Governmental actions, restrictions, or orders;

§  Unavailability of cash-on-delivery services through logistics partners;

§  Non-serviceability of the delivery location by logistics partners despite order acceptance.

In such cases, for all prepaid orders, the Company shall initiate a refund of the paid amount within 7  working days from the date of cancellation.

·      Warranties: The User agrees that any information, resources, activities, or recommendations obtained from the Website, whether in written, oral, or digital form, shall not be construed as creating any warranty, representation, or guarantee of any kind. The Website expressly disclaims all liability arising from such content or interactions. The User is solely responsible for any communication or engagement with other Users, and the Website makes no warranty regarding the conduct, reliability, or authenticity of any User.

The Company does not warrant that the Website, its services, or any associated functionalities will operate uninterrupted, error-free, or securely, or that the Website or its servers will be free from viruses, malware, or other harmful components. The User expressly accepts all risks associated with the use of the Website, including potential data loss, service disruption, or system compromise.

Further, the Company does not make, and hereby expressly denies, any warranties, whether express or implied, including but not limited to warranties concerning merchantability, suitability for a specific purpose, ownership rights, or protection against infringement. Any warranties applicable to a product are strictly limited to those explicitly provided by the original manufacturer, supplier, or authorized entity responsible for the product (“Origin Entity”) and may include conditions such as duration, exclusions, and procedures for claiming warranty services.

Users are advised to review the warranty documentation provided with the product or made available by the Origin Entity prior to purchase. The Company does not provide any additional warranties, guarantees, or assurances beyond those offered by the Origin Entity. Any representation, whether oral or written, made by the Website, its employees, agents, or affiliates, shall not be construed as a warranty unless expressly stated in writing and authorized by the Company.

All warranty claims are subject to the Website’s prevailing Return, Refund, and Exchange Policy, as published and updated from time to time. The Company reserves the right to reject any warranty-related request that does not comply with the procedural and eligibility requirements outlined in said policy. By purchasing products through the Website, Users acknowledge and agree that the Company’s role is limited to facilitating the transaction and that any warranty-related rights or remedies must be pursued directly with the Origin Entity, subject to the Website’s applicable policies. The Company shall not be held accountable for any claims, liabilities, or damages resulting from product defects, operational failures, or discrepancies, except as covered under the original warranty terms issued by the product’s originating entity.

Under no circumstances shall the Website/Company, its affiliates, directors, officers, employees, agents, or licensors be liable for any direct, indirect, incidental, consequential, special, or exemplary damages arising out of or in connection with the use of the Website, including but not limited to reliance on any product information, healthcare consultation, or service facilitated through the Website.

4. Registration and Account Management

·      Mandatory Registration: Access to certain features and functionalities of the Website and the Services offered therein shall require mandatory registration by the User. While non-registered Users may browse publicly available content on the Website, registration is a prerequisite for availing any transactional or interactive Services.

Upon registration, the Company shall collect and retain certain personal and sensitive information from the User, including but not limited to:

§  Full name, email address, and contact number;

§  Age and gender;

§  Residential or delivery address;

§  Any other information, documentation, or data as may be required for the provision of specific products or Services, including teleconsultation, prescription-based sales, or therapeutic support.

In addition, depending on the nature of the product or Service sought, the Website may require the User to furnish further information, including but not limited to medical records, patient history, diagnostic reports, consultation notes, Doctor’s prescriptions, treatment records and vital health parameters. Such information may be uploaded directly to the Website or submitted via email, courier, or other designated means. All such data shall collectively be referred to as “User Information”.

All information, data, content, documentation, or materials submitted, uploaded, transmitted, or otherwise provided by the User on or through the Website, including but not limited to profile details, medical records, prescriptions, consultation notes, and other personal or health-related information (“User Information”), shall be deemed to be self-declared by the User. The Company does not undertake any obligation to verify, authenticate, or validate the accuracy, completeness, or legitimacy of such User Information. The User expressly acknowledges and agrees that the Company shall not be liable for any errors, omissions, misrepresentations, or inaccuracies contained in the User Information, and that the responsibility for such content shall rest solely and exclusively with the User.

The User represents and warrants that they possess all necessary rights, licenses, consents, and authorizations to submit, upload, or share any User Information on the Website, and that such submission does not infringe upon any intellectual property rights, privacy rights, or proprietary interests of any third party. In the event of any breach of this representation, the User shall be solely and personally liable for all consequences arising therefrom, including but not limited to claims, damages, penalties, or legal proceedings initiated by third parties.

The User hereby grants explicit consent for the collection, storage, processing, and use of such User Information by the Company in accordance with applicable laws, including but not limited to the Information Technology Act, 2000 and the rules framed thereunder, and the Company’s Privacy Policy.

·      Eligibility: Registration on the Website is permitted only to individuals who are of legal age (i.e., 18 years or above) and are competent to contract under the provisions of the Indian Contract Act, 1872. Persons who are declared insolvent or otherwise incompetent to contract shall not be eligible to register.

Minors may access the Website only through their legal guardians. The Company reserves the right to terminate or suspend any User account upon discovery or reasonable belief that the User is a minor who has registered independently or has availed Services in contravention of this provision.

·      Account Security and Responsibility: The User shall be solely and exclusively responsible for maintaining the confidentiality and security of their account credentials, including username and password. Any activity conducted through the User’s account shall be deemed to have been performed by the User, and the Company shall not be liable for any unauthorized access or misuse.

The User agrees and undertakes:

§  Not to disclose their password or account credentials to any third party;

§  To take full responsibility for all activities conducted under their account, whether or not such activities were authorized;

§  To immediately notify the Company of any suspected or actual unauthorized use of their account or breach of security.

5. User’s Obligation

By accessing, registering, or using the Website, the User expressly agrees to comply with the following obligations, representations, and restrictions:

·      The User expressly understands and acknowledges that all data submitted to the Website is manually entered into its database and is intended solely for the purpose of convenient and ready reference. The User further agrees that such data shall not be deemed conclusive or authoritative unless substantiated by corresponding hard copies or appropriate documentary evidence, if required. The Company reserves the right to request such supporting documentation at any time for the purpose of verifying the accuracy, authenticity, or validity of the data submitted. The User accepts that the Website’s database serves as a facilitative tool and not as a substitute for formal records or legally binding documentation.

·      Any access to, or use of, the Website and its content, whether in whole or in part, shall be strictly limited to personal, non-commercial purposes and is subject to the prior express written authorization of the Company. For the avoidance of doubt, the User is expressly prohibited from engaging in the wholesale reproduction, duplication, distribution, transmission, publication, modification, adaptation, or creation of derivative works from any content, data, or information available on the Website, whether for commercial or non-commercial use, without the Company’s prior written consent. Unauthorized use of the Website or its content shall constitute a material breach of these Terms and may result in legal action, including but not limited to suspension or termination of access and pursuit of remedies under applicable law.

·      The User acknowledges and agrees that access to and use of the Website, including any transactions undertaken therein, are at the User’s sole risk. The User undertakes to exercise prudent judgment and discretion before availing any service or relying upon any information, recommendation, or resource made available on the Website.

·      The User hereby agrees and undertakes not to access, or attempt to access, the Website, its materials, or services by any means other than through the official interface expressly provided by the Website. The use of deep-links, robots, spiders, automated devices, programs, algorithms, methodologies, or any similar or equivalent manual processes to access, retrieve, copy, monitor, or reproduce any portion of the Website or its content, or to circumvent the navigational structure, presentation, or security features of the Website, is strictly prohibited. Any such unauthorized activity shall constitute a material breach of these Terms and may result in immediate suspension or termination of the User’s access to the Website, without prior notice and at the sole discretion of the Company.

·      The User acknowledges and agrees that, by accessing or using the Website or any services offered therein, they may encounter content that may be deemed offensive, indecent, objectionable, or otherwise unsuitable. The Company expressly disclaims any and all liability arising from such content, including but not limited to any emotional, psychological, reputational, or financial impact resulting therefrom.

·      The User further understands and agrees that certain services, products, or content displayed on the Website may be owned, operated, or provided exclusively by third-party entities who have chosen to market or distribute their offerings via the Website. The Company does not endorse, control, or assume responsibility for the accuracy, legality, quality, or appropriateness of such third-party content or services.

·      Notwithstanding the foregoing, the User may report any content they reasonably believe to be offensive, unlawful, or otherwise objectionable. The Company reserves the right, but not the obligation, to review, moderate, and remove such content from the Website at its sole and absolute discretion, without incurring any liability or obligation to the User or any third party.

·      Where the Website permits the User to post, upload, or otherwise submit any data, content, or information, the User hereby undertakes and warrants that such material shall be lawful, non-offensive, and in full compliance with all applicable statutes, regulations, and guidelines in force at the time of submission. The User shall ensure that no such content infringes upon the rights of any third party or violates public decency, morality, or legal standards.

·      The User expressly acknowledges and agrees that any material submitted which, in the sole and absolute discretion of the Company, is deemed to be offensive, objectionable, unlawful, or otherwise inappropriate may be removed from the Website forthwith and without prior notice. Furthermore, the Company reserves take appropriate action, including but not limited to the right to suspend or permanently revoke the User’s access to the Website and its services, without incurring any liability, and without the obligation to provide justification or prior warning.

·      The User hereby undertakes and agrees not to engage in any activity, conduct, or omission that violates the integrity, security, or lawful use of the Website. Without limiting the generality of the foregoing, the User shall not:

§  Abuse, harass, threaten, defame, demean, or otherwise infringe upon the legal rights of any individual or entity;

§  Interfere with, disrupt, or impair access to the Website, its services, or the servers and networks connected thereto;

§  Impersonate any person or entity, or misrepresent affiliation with any person or entity;

§  Publish, transmit, or disseminate any content that is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of privacy, hateful, racially or ethnically objectionable, disparaging, or otherwise unlawful under applicable laws, including but not limited to content that promotes or encourages money laundering, gambling, or indecent representation of women.

§  Upload, post, or share any material that infringes upon the intellectual property rights of any third party, including copyrights, patents, trademarks, or trade secrets;

§  Upload or distribute files containing viruses, corrupted data, or any other software or programs that may damage or impair the functionality of the Website or its associated systems;

§  Download or access any file or content posted by another User that the User knows, or reasonably should know, cannot be legally distributed in such manner;

§  Probe, scan, or test the vulnerability of the Website or any network connected thereto, or breach any security or authentication measures;

§  Attempt to reverse-engineer, trace, or obtain information about any other User, visitor, or account holder of the Website without authorization;

§  Disrupt or interfere with the security, integrity, or performance of the Website, its systems, servers, networks, or any affiliated platforms;

§  Collect, store, or misuse personal data or information of other Users;

§  Use the Website or its content for any unlawful purpose or in violation of these Terms, or solicit the performance of any illegal activity;

§  Violate any applicable code of conduct, guideline, law, rule, or regulation in force within or outside India;

§  Violate any provision of these Terms or any other policy, whether through amendment, modification, or otherwise;

§  Engage in any activity that threatens the unity, integrity, defense, security, or sovereignty of India, or its relations with foreign states, or that incites the commission of any cognizable offence or obstructs legal investigations;

§  Publish or disseminate false, inaccurate, or misleading information;

§  Offer, attempt to offer, trade, or deal in any item prohibited or restricted under applicable law;

§  Commit any act that results in the Company losing, in whole or in part, the services of its Internet Service Provider (ISP) or disrupts the services of any other vendor or service provider;

§  Advertise to, or solicit, other Users to buy or sell products or services not listed on the Website, or transmit chain letters, unsolicited commercial messages, or spam;

§  Use any information obtained from the Website to harass, abuse, or harm another User, or to contact, advertise to, solicit, or sell to another User without the Company’s prior written consent.

·      The User expressly authorizes the Company and/or the Website to disclose any information relating to the User, including personal data, account details, or content submissions, to law enforcement agencies, regulatory bodies, or other governmental authorities, as the Company may deem necessary or appropriate in its sole discretion, for the purpose of investigating or resolving potential criminal activity, including but not limited to personal injury, intellectual property infringement, or other violations of law. The User further acknowledges that such disclosure may be required to comply with judicial orders, statutory obligations, or valid governmental requests, and agrees that the Company shall not be liable for any consequences arising from such disclosure.

6. Term, Termination & Discontinuation

These Terms shall constitute a valid, binding, and enforceable agreement between the Parties and shall remain in full force and effect for as long as the User continues to access or utilize the Website or any of the Services provided therein. The User’s continued use of the Website shall be deemed to be ongoing acceptance of these Terms and any amendments thereto.

The User may, at their sole discretion, discontinue use of the Website and terminate their account at any time, subject to the settlement of any outstanding obligations, dues, or liabilities incurred prior to such termination. Termination by the User shall not absolve the User of any liability arising from prior use of the Website or breach of these Terms.

·      Termination or Suspension by Company:  The Company reserves the absolute and unfettered right, exercisable at its sole discretion, to:

§  Suspend, restrict, or terminate the User’s access to the Website or any part thereof;

§  Deactivate, disable, limit or permanently close the User’s account;

§  Terminate these Terms with respect to any User;

(Such actions may be taken at any time, with or without prior notice, and for any reason whatsoever, including but not limited to breach of these Terms, violation of applicable laws, misconduct, fraudulent activity, or any other conduct deemed prejudicial to the interests of the Company or other Users.

In the event that the User provides false, misleading, or inaccurate information during registration or at any time thereafter, or if the Company has reasonable grounds to believe so, the Company reserves the right to suspend or permanently terminate the User’s account without prior notice and without incurring any liability.

The Company shall not be liable to the User or any third party for any such suspension, termination, or account closure, and such actions shall be without prejudice to any other legal or equitable remedies available to the Company.

·      Discontinuation of Website: The Company expressly reserves the right to discontinue, suspend, or permanently shut down the Website or any portion thereof, at any time and without prior notice, for any reason including but not limited to business exigencies, regulatory requirements, or technical constraints. The Company shall not be liable for any loss, damage, or inconvenience caused to the User or any third party as a result of such discontinuation.

7. Charges & Payment Terms

·      Charges: All prices displayed on the Website are fixed and are clearly indicated adjacent to the respective products. These prices are inclusive of applicable taxes unless stated otherwise. While Company endeavors to maintain price consistency, however, in rare circumstances such as simultaneous order placement and price update, there may be discrepancies. In such cases, the price prevailing at the time of checkout shall be deemed final and binding.

Access to and browsing of the Website is provided free of charge. However, Company reserves the right to revise, introduce, or discontinue fees for any services offered through the Website at our sole discretion. Any such changes shall be communicated to Users via appropriate channels, including but not limited to Website notifications or email. Continued use of the Website and its services following such changes shall constitute acceptance of the revised charges.

Any modifications to pricing or service charges shall become effective immediately upon being published on the Website, unless otherwise specified.

·      Payments: All financial transactions conducted through the Website are facilitated via a Multiple Payment Options – Cash on Delivery – Payment is paid to the courier company directly/ Pre Paid via Payment Gateway Companies (Cahsfree, EaseBuzz, Razor Pay etc), Part Payment as advance via company UPI or payment gateways and balance Cash on Delivery to courier, Numerous EMI and Post Paid options based on customer eligibility via Payment Gateways-  

·      Please note that while using the cash on delivery option, the user is expected to pay the full amount due, in advance to the delivery agent, and the company strictly prohibits any practice which enables the user to open the parcel packet, delivered by the company, and only then effecting the payment to the delivery agent. Any such practice, when made or sought to be made by the user, may enable the company to take action against the same, and the company reserves the right to refuse to hand over the said parcel before the actual realization of full payment due and the company also reserves the right to even cancel the order of the user for the same.

·      By proceeding with payment, Users acknowledge and agree to be bound by the terms and conditions of the respective payment gateway provider. The Company disclaim all liability arising from the use of such third-party services, including but not limited to transaction failures, data breaches, or service interruptions.

Payment-related information transmitted to Website via the third-party gateway may include personally identifiable information (PII), such as first name, last name, mobile number, email address, and postal zip code. This data is stored in encrypted format on the payment gateway’s secure servers and may be decrypted for legal, auditing, and verification purposes. The Company or the Website, as the case may be, does not control the nature or extent of the data transmitted to it and accept no responsibility for its accuracy or completeness.

Further, the Company shall not be held liable for any loss, damage, or unauthorized access resulting from the transmission or storage of payment information by third-party service providers. Users are advised to review the privacy policies and terms of service of the payment gateway prior to initiating any transaction.

In the event of any dispute or discrepancy related to payments made through the Website, Users may contact our Support team directly. We will endeavor to resolve such issues in a timely and fair manner, subject to verification and applicable legal requirements.

8. Intellectual Property Rights

All intellectual property rights, including but not limited to copyrights, trademarks, service marks, trade names, logos, designs, content, and proprietary materials displayed on or accessible through the Website (“Intellectual Property”), are the sole and exclusive property of their respective owners, licensors, creators, as the case may be (collectively referred as “Owner”).  The Company and the Website do not claim ownership over any such Intellectual Property unless expressly stated otherwise.

The User expressly acknowledges and agrees that the use of the Website does not confer upon the User any right, title, interest, or license in or to any Intellectual Property owned by the Company or any third party. At no point shall any Intellectual Property be deemed to have been assigned, transferred, or licensed to the User, whether by implication, estoppel, or otherwise.

·      The User shall not use, reproduce, copy, modify, distribute, transmit, display, publish, license, create derivative works from, or exploit any Intellectual Property displayed on the Website in any manner that:

§  is likely to cause confusion among existing or prospective Users;

§  disparages, discredits, or otherwise harms the reputation or goodwill of the Company, the Website, or any owner;

§  violates any applicable intellectual property laws or the rights of the owner.

·      Any determination of confusion, disparagement, or reputational harm shall be made at the sole and absolute discretion of the Company.

·      The User understands and agrees that the Website serves solely as a digital platform for listing and facilitating the sale of services and products offered by third-party providers. The Company does not own, control, or assume responsibility for the Intellectual Property associated with such third-party offerings.

·      The User acknowledges that any unauthorized use, reproduction, or infringement of the Intellectual Property of the respective IP Owners shall constitute a violation of applicable laws and may result in civil or criminal liability. The IP Owners reserve the right to initiate legal proceedings against the User for any such infringement, and the Company shall not be liable for any claims, damages, or losses arising therefrom.

The provisions of this Intellectual Property Rights clause shall survive the termination, expiration, or suspension of the User’s access to the Website and shall remain in full force and effect thereafter.

9. Indemnification

The User hereby agrees to indemnify, defend, and hold harmless the Company, the Website, its affiliates, subsidiaries, independent service providers, consultants, licensors, and their respective directors, officers, employees, agents, and representatives (collectively, the “Indemnified Parties”) from and against any and all claims, demands, actions, proceedings, liabilities, losses, damages, costs, and expenses (including reasonable attorneys’ fees, legal costs, and interest thereon) incurred or sustained by the Indemnified Parties, arising out of or in connection with:

§  Any breach or non-performance by the User of any representation, warranty, covenant, or obligation under these Terms and Conditions;

§  The User’s access to or use of the Website, its content, services, or materials;

§  The User’s submission, publication, or transmission of any User Content

§  Any content, message, data, or communication submitted, posted, or transmitted by the User through the Website;

§  Any violation by the User of applicable laws, rules, or regulations;

§  Any infringement or violation by the User of the rights of any third party, including intellectual property rights, privacy rights, or proprietary interests;

§  Any misconduct, negligence, or unlawful act committed by the User in connection with the Website;

§  Any injury, damage, or loss arising from the wrongful, negligent, or improper use of any product purchased through the Website, where such use is not attributable to any defect or fault of the product or the Company;

§  Any claim arising from the purchase of a product that was not reasonably required for the diagnosis, resolution, or treatment of a problem, where such purchase is attributable to the User’s own error, misjudgment, or failure to exercise due diligence.

The User further agrees to fully cooperate with the Company in the defense of any such claim and shall bear all costs and expenses associated with such cooperation. The User shall not settle or compromise any claim without the prior written consent of the Company, which shall not be unreasonably withheld.

This indemnity shall survive the termination or expiration of these Terms and the User’s access to the Website.

10. Limitation of Liability

To the maximum extent permitted under applicable law, in no event shall the Company, the Website, or any of its founders, promoters, directors, officers, employees, agents, affiliates their affiliates, officers, directors, employees, agents, licensors, consultants, service providers and/or any associated persons be liable to the User or any third party for any special, incidental, indirect, consequential, exemplary, or punitive damages of any kind, including but not limited to damages for loss of use, data, revenue, profits, goodwill, or other intangible losses, whether foreseeable or unforeseeable, and regardless of whether the Company or the Website has been advised of the possibility of such damages. Such limitation of liability shall apply regardless of the form of action, whether arising in contract, tort (including negligence), strict liability, breach of statutory duty, warranty, or otherwise. 

·      Without limiting the generality of the foregoing, the Company shall not be responsible or liable for any consequences arising from:

§  The Website being inoperative, inaccessible, or non-responsive due to internet connectivity issues, including but not limited to slow connection, lack of connection, server downtime, or technical failure;

§  Any errors, omissions, or inaccuracies in data entered by the User, or any deletion, corruption, or loss of such data;

§  Any services, content, or materials made available through the Website;

§  Any reliance placed by the User on the Website or its content;

§  Any unauthorized access to, use of, or alteration of the User’s transmissions or data;

§  Delays, failures, or inability to communicate via email or other electronic means;

§  Malfunction, interruption, or failure of any service, feature, or functionality offered through the Website;

§  Deficiencies, interruptions, or failures in video streaming services provided by third-party platforms, including but not limited to poor quality or unavailability of such streams;

§  Any errors or omissions on the Website, whether originating from the Company or third-party contributors;

§  Any damage to the User, the User’s property, or any third party resulting from the use or misuse of the Website, its services, or any product purchased through it.

§  Any other matter relating to the Website or these Terms and Conditions.

·      The Website and all content, services, and materials provided therein are offered on an “as is” and “as available” basis, without warranties or guarantees of any kind, whether express or implied, including but not limited to warranties of accuracy, completeness, reliability, merchantability, fitness for a particular purpose, or non-infringement.

·      Users acknowledge and agree that they may be held legally accountable for any harm, injury, or damages caused to other Users, the Website, or third parties as a result of defamatory, unlawful, or otherwise actionable content posted or transmitted through the Website. Users are solely responsible for ensuring that their conduct and activities on the Website comply with all applicable laws, regulations, and the policies incorporated herein by reference.

·      The Website expressly disclaims liability for any loss or damage that was not reasonably foreseeable at the time of use, or that arises from the User’s breach of these Terms and Conditions. In the event of any dispute, claim, or dissatisfaction with the Website or its services, the User’s sole and exclusive remedy shall be to discontinue use of the Website.

·      The User further acknowledges that the development, maintenance, and technical operation of the Website are managed by third-party service providers. The Company Parties, including the founders and directors of the Company, shall bear no liability for any disputes, claims, or damages arising from or related to such third-party development or maintenance activities.

This limitation shall survive the termination or expiration of the User’s access to the Website and shall remain in full force and effect thereafter.

11. Force Majeure

Neither the Company nor the Website, nor any of their affiliates, officers, directors, employees, agents, licensors, or service providers shall be held liable for any delay, interruption, suspension, or failure to perform any obligation under these Terms and Conditions, or for any damages resulting therefrom, where such delay or failure is caused by or arises from events beyond the reasonable control of the Company Parties and not attributable to their fault or negligence, including but not limited to  (“Force Majeure Events”).

·      Force Majeure Events shall include, but shall not be limited to:

§  Acts of God, including floods, earthquakes, storms, lightning, or other natural disasters;

§  Acts of war, hostilities (whether declared or undeclared), invasion, armed conflict, terrorism, sabotage, or civil unrest;

§  Governmental actions, orders, restrictions, embargoes, or changes in law or regulation;

§  Labor disputes, strikes, lockouts, or shortages of labor or materials;

§  Epidemics, pandemics, public health emergencies, or quarantine restrictions;

§  Fire, explosion, or other damage to facilities or infrastructure;

§  Internet outages, server failures, denial-of-service attacks, or other technical disruptions;

§  Breakage or failure of undersea communication cables or satellite systems;

§  Unauthorized access, hacking, piracy, cheating, or other illegal or malicious activities;

§  Power outages, utility failures, or disruptions in telecommunications or transportation networks;

§  Any other event or circumstance that renders performance commercially impracticable or impossible despite reasonable efforts.

·      In the event of a Force Majeure occurrence:

§  The Company shall be excused from performance of the affected obligations for the duration of the Force Majeure Event and shall not be liable for any damages, penalties, or losses arising therefrom.

§  The Company Party shall make reasonable efforts to notify Users of the occurrence of the Force Majeure Event and shall use commercially reasonable efforts, to the extent as possible in such circumstances, to mitigate its impact and resume performance as soon as practicable.

§  In cases where prepaid orders are affected due to Force Majeure Events, the Company shall initiate refunds in accordance with its Refund and Cancellation Policy, provided that such refunds may be subject to delays attributable to the Force Majeure Event itself.

·      The provisions of this Force Majeure clause shall survive the termination, expiration, or suspension of the User’s access to the Website and shall remain in full force and effect thereafter.

12. Dispute Resolution

The Parties expressly agree that any dispute, controversy, or claim arising out of or relating to the formation, interpretation, performance, breach, or termination of these Terms, or the use of the Website, shall be resolved through a two-tier Alternate Dispute Resolution mechanism, comprising of Internal Grievance Redressal, and if the same is unsuccessful, then eventually Mediation followed by Arbitration.

·      Internal Grievance Complaints Redressal At the first instance of any Grievance occurring between the parties, the first and foremost approach for redressing the Grievances will be by the means of an internal grievance complaints redressal committee which will include two levels of escalation for effective resolution whereby the first level of escalation will be ‘cs@meddey.com’ and if any complaint still persists regarding the issue, then there will also be a second level of escalation, whereby the matter can be raised and resolved, namely ‘operations@meddey.com’.

·      Mediation In the event of any dispute between the Parties, the Parties shall first attempt to resolve the matter amicably through good-faith negotiations and mediation. Either Party may initiate mediation by providing written notice to the other Party, identifying the nature of the dispute. If the dispute is not resolved within thirty (30) calendar days from the date of such notice, the matter shall be referred to arbitration in accordance with the provisions below.

·      Arbitration If mediation fails to resolve the dispute, the matter shall be submitted to binding arbitration under the provisions of the Arbitration and Conciliation Act, 1996 (as amended from time to time). The arbitration shall be conducted by a sole arbitrator appointed exclusively by the Company. The arbitrator’s decision shall be final, conclusive, and binding on both Parties.

§  The seat and venue of arbitration shall be Delhi, India.

§  The arbitration proceedings shall be conducted in the English language.

§  Each Party shall bear its own costs and expenses related to the arbitration, unless otherwise directed by the arbitrator in the final award.

§  The arbitrator shall have the authority to award costs, damages, and equitable relief as deemed appropriate under the circumstances.

·      Subject to the provisions of the Alternate Dispute Resolution mechanism set forth herein, the Parties irrevocably agree that the courts having jurisdiction in Delhi, India shall have exclusive jurisdiction over any dispute, claim, or controversy arising out of or in connection with the interpretation, validity, performance, breach, or termination of these Terms and Conditions, together with the Privacy Policy, Refund & Exchange Policy, Shipping Policy, Cancellation Policy, and any other agreements, policies, or documents executed or accepted by the Parties in connection with the use of the Website, and the same shall be governed by and construed in accordance with the laws, rules, and regulations of India.

13. Notice & Communication

Any and all legal notices, communications, or correspondence relating to disputes, grievances, claims, or other matters arising under or in connection with these Terms and Conditions, or the use of the Website, shall be deemed validly served if delivered in writing by the User to the Company through either of the following modes:

·      By Electronic Mail (Email):

To: cs@meddey.com  

(Subject line must clearly indicate the nature of the communication)

·      By Registered Post or Courier:

To: Meddey Technologies Pvt. Ltd.

C-75, First Floor, DDA Sheds, Okhla Industrial Area, Phase I

New Delhi, India-110020  

The Company reserves the right to respond to such notices within a reasonable period and may request additional documentation or clarification to process the grievance or dispute. The User shall ensure that all communications are clear, complete, and accompanied by relevant supporting materials where applicable.

14. Miscellaneous Provisions

·      Entire Agreement: These Terms and Conditions, read together with the Privacy Policy, Refund & Exchange Policy, Shipping Policy, Cancellation Policy, and any other policies, notices, disclaimers, or agreements incorporated herein by reference, constitute the entire and final agreement between the User and the Company with respect to the subject matter hereof. This Agreement supersedes all prior or contemporaneous communications, representations, understandings, and agreements, whether oral, written, or implied, relating to such subject matter. No oral or written statement not expressly incorporated herein shall be binding upon the Company.

·      Waiver: No failure or delay by either Party in exercising any right, power, or remedy under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power, or remedy preclude any other or further exercise thereof. No waiver of any provision or breach of these Terms shall be deemed to be a waiver of any other provision or subsequent breach, whether of the same or a different nature, unless expressly stated in writing and signed by the waiving Party.

·      Severability: If any provision or clause of these Terms is held to be invalid, illegal, or unenforceable by a court or authority of competent jurisdiction, such provision shall be severed from these Terms to the extent of such invalidity, illegality, or unenforceability. The remaining provisions shall remain in full force and effect and shall be construed to give effect to the original intent of the Parties to the maximum extent permitted by law. The Terms shall be reformed only to the extent necessary to render them enforceable, without altering the fundamental nature of the agreement.

·      Assignment: The User shall not assign, transfer, or delegate any of their rights or obligations under these Terms without the prior written consent of the Company. Any purported assignment in violation of this clause shall be null and void. The Company may freely assign or transfer its rights and obligations under these Terms to any affiliate, successor, or third party without notice or consent.

·      Survival: All provisions of these Terms which by their nature are intended to survive termination, including but not limited to clauses relating to intellectual property, indemnity, limitation of liability, dispute resolution, governing law, and jurisdiction, shall survive the termination or expiration of the User’s access to the Website and remain enforceable thereafter.

·      No Partnership or Agency: Nothing in these Terms shall be construed to create any partnership, joint venture, agency, fiduciary, or employment relationship between the User and the Company. The User shall have no authority to bind or obligate the Company in any manner whatsoever.

15. Contact Information

For any questions, concerns, or communications relating to these Terms, the practices of the Website, or the User’s experience with the services, the User may contact the Company through the following means:

• Email: cs@meddey.com
• Phone : +91 8586012345 (Mon to sat) (10am to 6pm )

Postal Address: Meddey Technologies Pvt. Ltd.

C-75, First Floor, DDA Sheds, Okhla Industrial Area, Phase I

New Delhi, India-110020  

All communications must clearly state the nature of the inquiry and include relevant supporting documentation where applicable.