ATMED HEALTHCARE

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Terms & Conditions

1. PRODUCTS AND SERVICES

Unless otherwise indicated, this web site https://www.atmed.com and its contents are the property of Atmed Limited and/or its affiliates/ associates (“ Atmed”), whose registered office is situated at Thendral Apartments H45, F2, Thiruvalluvar Nagar, Thiruvanmiyur, Chennai - 600041, India. The Website is an online service provided by Atmed, subject to your compliance with the terms and conditions set forth below. Please read this document carefully before accessing or using the Website. By accessing or using the Website, you agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by these terms and conditions, you may not access or use the Website. The Website may modify this contract at any time, and such modifications shall be effective immediately upon posting of the modified contract on the Website. You agree to review the contract periodically to be aware of such modifications and your continued access or use of the Website shall be deemed your conclusive acceptance of the modified contract. All products, services and information displayed on the Website constitute an ‘invitation to offer’. Your order for purchase constitutes your ‘offer’ which offer shall be subject to the terms and conditions as listed here-under. Atmed reserves the right to accept or reject your offer. When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us for the purchase of the goods will not be formed until your payment has been approved by us and we have debited your credit or debit card (“ Contract”). The Website also provides a marketplace that facilitates the online sale and purchase of products and services offered by various affiliates, registered merchants, manufacturers, vendors, service providers of Atmed. The purchase of the products and services on the Website shall be governed by the Contract.

2. ELIGIBILITY

Use of the Website is available only to persons who can enter into legally valid contracts in accordance with the provisions of the Indian Contract Act, 1872. If you are a minor i.e. under the age of 18 years, you may use the Website only with the involvement of a parent or guardian.

3. USE OF THE WEBSITE

You understand that, except for information, products or services clearly identified as being supplied by the Website/ Atmed, the Website/ Atmed does not operate, control or endorse any information, products or services on the Internet in any way. Except for the Website’s identified information, products or services, all information, products and services offered through the site or on the Internet generally are offered by third parties, that are not affiliated with the Atmed. You also understand that Atmed cannot and does not guarantee or warrant that files available for downloading through the Website will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Website for the reconstruction of any lost data. You assume total responsibility and risk for your use of the Website and the internet. The Website provides the site and related information and quotas and Atmed does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or non-infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the service, any merchandise information or service provided through the service or on the internet generally, and Atmed shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the service or on the internet generally. Atmed does not warrant that the service will be uninterrupted or error-free or that defects in the service will be corrected. You understand further that the pure nature of the internet contains unedited materials some of which are sexually explicit or may be offensive to you. Your access to such materials is at your risk and Atmed has no control over and accepts no responsibility whatsoever for such materials.

4. CREDIT CARD DETAILS

You agree, understand and confirm that the credit card or debit card details provided by you for availing of services and product(s) on the Website will be correct and accurate and you shall not use a credit card or debit card which is not lawfully owned by you. You further agree and undertake to provide the correct and valid credit card or debit card details to Atmed. We hereby undertake that your credit card or debit card information will not be utilized and shared by Atmed with any of the third parties unless required for fraud verification or by applicable law. Atmed will not be liable for any credit card or debit card fraud. The liability for use of a credit card or debit card fraudulently will be on you and the onus to prove otherwise shall be exclusively on you.

5. YOUR CONDUCT

You agree and confirm to the following:

6. PAYMENTS

7. SHIPPING POLICY

8. CANCELLATION AND RETURN

I. Cancellation

a) Atmed believes in helping its customers as far as possible and has therefore a liberal cancellation policy. Under this policy:

(b) Cancellation/returns may not be possible for certain products under the following conditions:

(c) Atmed has right to determine condition of product(s) for refund ability or ex-changeability

II. Return & Refund Policy

The return and exchange policy for products sold on www.atmed.com is 15 days from the date of delivery. For certain specific hygiene and edible products, there are no returns / exchanges.

There could be certain circumstances beyond our control where you could receive damaged/defective product(s) or a product that is not the same as per your original order. We will replace the product to your satisfaction at no extra cost. In such circumstances, before using the product(s), please get in touch with our Customer Service Team who will guide you on the process for the same at our Customer Service email- customercare@atmed.com

The return process of the product can be restricted depending on the nature and category of the product(s).

(a) Conditions for return:

(b) Refunds:

We will process the refund after receipt of the product by Atmed, its registered vendor or authorised personnel. Refund will be processed based on the mode of payment of the order.

(c) The Return Process

Please follow the below process for returning your parcel to us

If you are returning a product (not being a damaged or defective product) for a refund, and not purchasing another product, you may be charged for the original shipping cost and a restocking fee.

Further Please Note: If a rare product is specially ordered for a customer, the product may have to be ordered on a no-return/ refund basis. This, of course, will be informed to the customer at the time of the purchase on the Website.

(d) The Returns Process for a Damaged / Wrong Item

If you receive a damaged product(s) and would like a refund, please send us a message at customercare@atmed.com, advising us of your order number (found in Order History in ‘My Account’), along with the name/product code of the item affected and the details of the problem, so that we may investigate this for you. This must be done within 2 (two) days of receipt of the product. Please return the item to us following the same procedure as stated in the Returns section We‘ll examine the faulty product and be in touch with information of what refund you are entitled to via email within a reasonable period of time. We can alternatively also offer you a free replacement of the product.

9. TRADEMARKS

10. LINKING

(a) Status of linking policy

(b) Links to this Website

(c) Links from this Website

This Website includes links to other websites owned and operated by third parties. These links are not endorsements or recommendations and are included here for purely informational purposes. Atmed has no control over the contents of third party websites, and Atmed accepts no responsibility for them or for any loss or damage that may arise from your use of them. Any of the trademarks, service marks, collective marks, design rights, personality rights or similar rights that are mentioned, used or cited in the Website are the property of their respective owners. Their use here does not imply that you may use them for any other purpose other than for the same or a similar informational use Unless otherwise stated Atmed sites are neither endorsed nor affiliated.

(d) Removal of links

You agree that, should Atmed request the deletion of a link to our Website that is within your control, you will delete the link promptly. If you would like Atmed to remove a link to your website that is included on this Website, please contact Atmed using the contact details below. Note that unless you have a legal right to demand removal, such removal will be at our discretion.

11. JURISDICTION AND ARBITRATION

This Contract shall be construed in accordance with the applicable laws of India. Subject to the provisions below, the courts at Chennai shall have exclusive jurisdiction in any proceeding arising out of this Contract. Any dispute or differences either in interpretation or otherwise of any terms of this Contract between the parties hereto, shall be referred to an independent arbitrator who will be appointed by Atmed and its decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The arbitration shall be held in Chennai. The high court of judicature at Chennai alone shall have the jurisdiction and the laws of India shall apply.

12. LIMITATION OF LIABILITY

In no event will Atmed be liable for (i) any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the service, or any information, or transactions provided on the service, or downloaded from the service, or any delay of such information or service. even if Atmed or its authorized representatives have been advised of the possibility of such damages, or (ii) any claim attributable to errors, omissions, or other inaccuracies in the service and/or materials or information downloaded through the service. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you, in such states Atmed ’s liability is limited to the greatest extent permitted by law. Atmed makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non- Atmed web site, please understand that it is independent from Atmed, and that Atmed has no control over the content on that web site. In addition, a link to Atmed web site does not mean that Atmed endorses or accepts any responsibility for the content, or the use, of such web site.

13. TERMINATION

14. INDEMNITY

You agree to indemnify and hold harmless Atmed, its employees, directors, officers, agents, and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses including attorney’s fees caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to Atmed or any third party including but not limited to breach of any warranties, representations, undertakings, or any relation to non-fulfillment of any of your any obligations under this Contract arising out of your violation of any applicable laws, regulations including but not limited to intellectual property rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers, and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this Contract.

15. MISCELLANEOUS

Any cause of action or claim you may have with respect to the Service must be commenced within [1] year after the claim or cause of action arises or such claim or cause of action is barred. Failure of Atmed to insist upon or enforce strict performance of any provision of this Contract shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Contract. Atmed may assign its rights and duties under this Contract to any party at any time without notice to you. If any provision of these terms and conditions is or becomes invalid, unenforceable or non-binding, you shall remain bound by all other provisions hereof. In such event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and you will at least agree to accept a similar effect as the invalid, unenforceable or non-