TERMS AND CONDITIONS
Niox Medi Systems, having its registered office at Door No 90, BKR Street, New Sidhapudur, Coimbatore, Tamil Nadu – 641044, India (“Niox Medi Systems”, “we”, “us” or “our”) is managing and operating the websites:www.nioxmedisystems. and the mobile application thereof through which Niox Medi systems facilitates the sale of a diverse range of Medical Equipment products and services listed on and sold on the Platforms from time to time (“Products”) to the users of the Platforms (“User” or “Users” or “you” or “your”). The term User/User(s) means any individual or entity which uses, accesses or browses the Platform and/or purchases Products from the Platform.
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The portals www.nioxmedisystems and www.nioxservice portal.com and the corresponding mobile application (collectively, “Platforms”), are managed and operated by Niox Medi Systems (“Niox Medi Systems”, “we”, “us” or “our”), having its registered office at Door No 90, BKR Street, New Sidhapudur, Coimbatore, Tamil Nadu – 641044, India. Any natural or legal person who accesses and/or uses the Platforms in any manner (“you” or “your”) or uses any current or future service or functionality or offer made available on the Platforms (“Service”) will be subject to these terms and conditions for use of the Platforms (“Terms”), as updated from time to time. Your access to Services, other platforms or utilisation of Products (defined below), offers or promotions in relation to the Products, as may be provided by us or our affiliates, may be governed by other terms and conditions, policies or guidelines (“Additional Terms”) along with these Terms. If these Terms are inconsistent with such Additional Terms, the Additional Terms will control to the extent of such inconsistency with respect to the applicable Service or utilisation of the Product.
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These Terms constitute an electronic record within the meaning of the Information Technology Act, 2002. This electronic record is generated by a computer system and does not require any physical or digital signatures. Please read these Terms carefully before using or accessing the Platforms or availing any Service. By using the Platforms or availing any Service, you signify your agreement to be bound by these Terms.
For the purposes of these Terms, “Products” shall mean the diverse range of Medical Equipment products listed on the Platforms from time to time and other products offered for sale to you on both the Platforms; and (c) We and you are hereinafter individually referred to as “Party” and collectively as “Parties”.
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1. GENERAL
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The terms and conditions for usage of the Platforms as set out herein (“Terms of Use”) specifically govern your access and use of the Platforms, which provides a forum for you to inter alia discover, select and buy Products listed on the Platforms at the indicated price at any time, from the locations serviceable by us.
Please note that we may from time to time, modify the Terms of Use that govern your use of the Platforms. Every time you wish to use our Platforms, please check these Terms of Use to ensure that you understand the terms and conditions that apply at that time. Further, please note that we reserve the right to either change the format and the content of the Platforms or suspend the operation of the Platforms for support or maintenance work, in order to update the content or for any other reason, at any time.
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The accessing, browsing, or otherwise using the Platforms indicates your agreement to these Terms of Use, the Privacy Policy and any other policies or guidelines that may be applicable to the Platforms at the time of your access and usage of the Platforms and which may be updated from time to time (collectively, the “Agreement”).
We authorise you to view and access the Platforms solely for identifying Products, carrying out purchases of Products and processing returns and refunds, in accordance with the Return and Refund Policy. We therefore grant you a limited, revocable permission to access and use the Services.
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By accepting this Agreement, you affirm that you are 18 (Eighteen) years of age or above and are fully competent to enter into this Agreement, and to abide by and comply with this Agreement. If a user is below 18 (Eighteen) years of age, it is assumed that he/she is using/browsing the concerned Platform under the supervision of his/her parent or legal guardian and that such user’s parent or legal guardian has read and agrees to the terms of this Agreement, including the terms of purchase of Products on behalf of the minor user. In the event we are made aware that a user is under the age of 18 and is using/browsing the Platform without the supervision of his/her parent or legal guardian, we reserve the right to deactivate such user’s account without further notice. Further, if you are using the Services on behalf of a company or organisation, you represent that you have the authority to act on behalf of that entity, and that such entity accepts this Agreement.
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2. REGISTRATION OF YOUR ACCOUNT
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In order to purchase Products on the Platforms and/or avail Services thereof, you will have to register on the Platform. Registration is a one-time process and is free of cost.
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3. COMMUNICATION AND UNSUBSCRIPTION
By accepting the Terms of Use, you also accept to receive news, updates, offers/ campaign related SMS, to the mobile phone number provided by you. By accessing and using the Platforms and/or verifying your contact number with us, you explicitly consent to receive such communications (through call, SMS, email or other digital and electronic means) from us and/or our authorized representatives regarding any new services or offerings, even if your contact number is registered under the DND/NCPR list under the Telecom Commercial Communications Customer Preference Regulations, 2018.
You can unsubscribe/ opt-out from receiving marketing/ promotional communications, newsletters and other notifications from us at any time by following the instructions set out in such communications.
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4. INACCURACIES OR ERRORS
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As a means to assist the users in identifying the Products of their choice, we provide visual representations on the Platforms including graphics, illustrations, photographs, images, videos, charts, screenshots, infographics and other visual aids. While reasonable efforts are made to provide accurate visual representation, we disclaim any guarantee or warranty of exactness of such visual representation or description of the Product, with the actual Product ultimately delivered to users. The appearance of the Product when delivered may vary for various reasons.
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5. THIRD PARTY INTERACTION AND LINKS TO THIRD PARTY SITES
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In your use of the Platforms, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of advertisers or members or sponsors of the Platforms or access any other third-party website linked to the Platforms. Unless otherwise stated, any such correspondence, advertisement, purchase or promotion, including the delivery of and the payment for goods and/or services, and any other term, condition, warranty or representation associated with such correspondence, purchase or promotion, is solely between you and the applicable third party. You agree that we have no liability, obligation or responsibility for any such correspondence, purchase or promotion, access or usage of any third-party website and the contract under such instances remains between you and any such third party.
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6. ORDERING FROM US
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You are deemed to place an order with us by ordering via our online checkout process. As part of our checkout process you will be given the opportunity to check your order and to correct any errors. We will send you an order acknowledgement detailing the Products you have ordered. Please note orders cannot be expedited after being placed.
Our acceptance of an order takes place when we ship the order. We will send you a shipping confirmation by email. When we send the order the purchase contract will be complete, unless we have notified you that we do not accept your order, are unable to fulfil your order, or you have cancelled your order.
We may refuse to accept an order:
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where Products are not available;
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where we cannot obtain authorization for your payment;
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if there has been a pricing or Product description error;
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if you do not meet any eligibility criteria set out in the Terms of Sale, including designating a delivery address or if you are unable or unwilling to obtain a prescription, or to provide Expedite with a copy of the prescription, for the Product(s) you are ordering; or
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A prescription may be required for the sale of products listed on the website. failure to provide a required prescription when requested will void the sale.
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If buyer is not having appropriate certification or Qualification to use the Medical Device in India.
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If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on the Website, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.
Please take the time to read and check your order at each page of the order process.
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7. PRICING AND PAYMENTS
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All prices are in Indian Rupees. Prices shall be those published on the Website at the time that you place your order. Prices published on the Website are Inclusive of sales tax. Shipping and handling , Installation costs and fees which will be calculated separately, as applicable to your order. Prices, offers, and Products are subject to availability and may change before (but not after) we accept your order. If something becomes unavailable we may offer you an alternative.
We accept payment by credit or debit card or such other means as may be specified on the Website. If you pay by credit or debit card, payment is authorized and deducted upon acceptance of your order. If you use another method of payment as offered on the Website, the time of payment may differ.
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Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
It is possible that, despite our reasonable efforts, some of the Products or Services on our site may be incorrectly priced. If we discover an error in the price of the Products or Services you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing via email. Please note that if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a mispricing, we do not have to accept your request.
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8. GRIEVANCE OFFICER
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In accordance with the applicable law, any grievances which you may have with respect to the information shared by you with us hereunder and its treatment or any grievance related to Services being availed hereunder, may be directed by you to such grievance officer or at the below mentioned coordinate:
Name: Nidhin C M
Designation: Grievance Officer
Email Address: care@nioxmedisystems.com
9. AMENDMENT
These Terms of Use are subject to amendments and modifications and may be updated from time to time, without any advance notice. You are requested to regularly review the Terms of Use as available on the Platforms. You relationship with the Platforms will be governed by the most current version of these Terms of Use, as published on the Platforms.
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