TERMS AND CONDITIONS
These terms & conditions are applicable to the customer and user (hereinafter referred as “user/you/your”) who avail or intend to avail services from GMedz Healthtech Private Limited (hereinafter referred as “GMedz/we/us”) and/or its affiliates/group companies including by using the website www.gmedz.in hereby you agree to be bound by these terms.
This document /T&C/ agreement is an electronic record in terms of Information Technology Act, 2000 and generated by a computer system and does not require any physical or digital signatures. This agreement is published in accordance with the provisions of Rule 3 of Information Technology (Intermediaries Guidelines) 2011. If you do not agree to these T&C, you may not use the services. If the terms & conditions is not acceptable to you, please inform us in writing and stop using the services.
You understand and acknowledge that GMedz owns and operates the abovementioned website for the purpose of providing a platform for persons/user to register for procurement of various products/services.
- LICENSE AND WEBSITE/APPLICATION ACCESS
You acknowledge and agree that GMedz owns all legal rights, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights are registered or not). You further acknowledge that the Services may contain information which is designated as confidential by GMedz and that you shall not disclose such information without GMedz`s prior written consent. The contents of the Website, including its "look and feel" (e.g. text, graphics, images, logos and button icons), photographs, editorial content, notices, software and other material are owned/ licensed by/to GMedz and/or its third Party Service Providers/their licensors and are duly protected by them under applicable copyright, trademark and other laws.
GMedz grants you a limited license to access and make use of the Website, services and ancillary services. This license does not include any downloading or copying of any kind of information for the benefit of another individual, vendor or any other third party or to create a derivative work from, modify, reverse engineering, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the services. Any unauthorized use by you shall terminate the permission or license granted to you.
You declare and confirm that you are resident of India, above 18 (Eighteen) years of age and have the capacity and authorised by the person on behalf of whom you availing services and ancillary services to contract as specified under the Indian Contract Act 1872, while availing the services and ancillary services offered by the GMedz.
You agree not to use the website for any purpose that is unlawful, illegal or forbidden by these Terms, or any local laws that might apply to you. GMedz may, at its sole discretion, at any time and without advance notice or liability, suspend, terminate or restrict your access to all or any component of the website or the availability of the website itself.
Accepting these Terms, implies your express consent to be contacted by us, representatives, affiliates or anyone calling on our behalf at any contact number or physical or electronic address provided by you while registering with GMedz. You further agree to us contacting you in any manner, including without limitation, emails, SMS messages, WhatsApp, calls using pre-recorded messages or artificial voice, and notifications sent via our website. You also acknowledge that you understand the English language and are most comfortable receiving communications in the English language.
The User agrees to receive communication through emails, telephone, and/or SMS from GMedz or its third party vendor /business partner/ marketing affiliates regarding the Services or products updates information/product announcements. In this context you agree and gives consent to receive all communication at the mobile number provided by you, even if that mobile number is registered under DND/NCPR list under TRAI regulations and for that purpose you further authorise GMedz to share/disclose the information to any third party service provider or any affiliate, its group companies, authorised agents.
You are responsible for maintaining the secrecy of your passwords, login and account information. You will be responsible for all use of GMedz’s website either by Yourself or by anyone using Your password and login information (with or without Your permission).
- LIMITATION OF LIABILITY
The User expressly understand and agree that GMedz (including its subsidiaries, affiliates, directors, officers, employees, representatives and service providers) shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, opportunity, goodwill, use, data or other intangible losses, even if GMedz has been advised by User of the possibility of such damages, resulting from (i) any failure or delay (including without limitation the use of or inability to use any component of the Website), or (ii) any use of the Website or content, or (iii) unauthorised access to or alteration of User’s data or (iv) the performance or non-performance by us or any service provider, even if GMedz have been advised of the possibility of damages to such parties or any other party, or (b) any damages to or viruses that may infect your digital gadgets or other property as the result of your access to the Website or your downloading of any content from the Website.
GMedz has no control over the third party services which would be provided to you through its Website/app. You acknowledge and agree that under no circumstance GMedz shall be liable for your using of the services offered or provided by any third party service provider.
You agree to indemnify and hold GMedz (and its affiliates, officers, directors, agents and employees) harmless from any and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, including reasonable attorneys' fees, or arising out of or related to breach of this T&C, or violation of any law or the rights of any third party by you.
You shall not sue or otherwise make or present any demand or claim, and irrevocably, unconditionally and entirely release, waive and forever discharge GMedz, its officers, directors, employees, agents, licensees, affiliates, successors and assigns, jointly and individually (hereinafter "Release"), from any and all manner of liabilities, claims, demands, losses, claims, suits, costs and expenses (including court costs and reasonable attorney fees) ("Losses"), whatsoever, in law or equity, whether known or unknown, which User ever had, now have, or in the future may have against the Release with respect to the Services.
You will not assign or otherwise transfer your rights or obligations under these Terms. GMedz may assign its rights and duties under these Terms without any such assignment being considered a change to the Terms and without any notice to me.
- DISPUTE RESOLUTION AND GOVERNING LAWS & JURISDICTION
You agree that any claims, disputes or differences arising out of or in connection with this T&C will be resolved in accordance with Arbitration rules laid down under Arbitration and Conciliation Act, 1996 and modification or amendment affected thereafter from time to time. The Arbitration shall be conducted in English language only and the venue for arbitration shall be Mumbai. The award passed by the sole Arbitrator shall be final and binding on the parties to this Agreement and expenses of arbitration shall be borne in such a manner as the Arbitrator may decide.
You agree that this T&C shall be governed by and construed in accordance with the laws of India, as applicable. The adjudication of any dispute shall be the exclusive jurisdiction of the courts of Mumbai, India.