Terms & Conditions
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under, as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.Healium.io website. The following demonstrates terms and conditions of use (here-in-after, referred to as an “Agreement”), applicable to your use of Healium.io (hereinafter referred to as “website”), which promotes business between seller/suppliers and buyers globally. It is an agreement between you as the user(s) of the website (the “User(s)”) and Healium.io – the website & its owner Exponential Healthcare Private Limited. Before you subscribe to and/or begin participating in or using this website, Healium.io website believes that user(s) have fully read, completely understood and accepted the agreement. If you do not agree to or wish not to be bound by this agreement, you may not access or otherwise proceed with the use of the website.
1. TERMS OF WEBSITE USE
1.1 This page (together with the documents referred to, in it) contains the terms and conditions subject to which we “Exponential Healthcare Private Limited”, provide to you any of the e-commerce services (Services) listed on Healium.io website (our website). Please carefully read these terms and conditions before opting any Services using our website. You should understand that by opting any of our Services, you agree to be unconditionally bound by these terms and conditions.
1.2 It is desirable that you download and store these terms and conditions for future reference.
2. WEBSITE – MERELY A VENUE / PLATFORM
2.1 Our website is for healthcare businesses & professionals, healthcare startups, pharmaceutical businesses, diagnostic businesses, medical equipment, pharmaceutical & hospital consumables, health & wellness, AYUSH, all the businesses allied to healthcare as precursors or vendors to any of the health businesses, healthcare IT, EHR, Health AI, Health Robotics, Genome Mapping, Telemedicine, e Health companies, healthcare wearable devices, Clinical Research Organisations, Healthcare media, sanitation, hygiene, facility management, hospital waste management, healthcare academia & research {basic & applied) organisations, Healthcare Media, Accreditation, Certification, Validation and third party inspection businesses, alternative therapies like Acupressure, Acupuncture & etc, Non-healthcare businesses & professionals, students of any healthcare professional colleges, NGO’s working in the healthcare fields, researchers & research labs, CSR organisations working in the field of healthcare, charity organisations, healthcare, medical or accident insurance companies, (patients & consumers -in future – Terms & Conditions apply).
2.2 Our Website hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use this website by displaying it on your internet browser. This Website acts as a mere venue/ platform for our members to search, negotiate, interact & transact for buying, selling and other business services through our on-line exchange platform.
2.3 We are only a marketplace for the buyers and sellers. Our website cannot be held liable for any loss during the logistics or delivery of the product or service by seller or vice versa, as our website is not responsible to ‘fulfill the actual order of goods or service, but only facilitates the same.
2.3.1. We strongly advise every seller member to meticulously draft & incorporate their own shipping & refund policies on our website. Failure to do so will not lead to the website being responsible for the lapse.
2.3.2 We strongly recommend every buyer to go through the shipping & refund policy of each vendor. By placing the order & proceeding to buy their products, the buyers will be deemed to have accepted the shipping & refund policies of the respective seller.
2.4 Our website is not a buying or a selling party & does not take part in the actual transactions that take place between the buyers and sellers and hence are not a party to any contract for sale negotiated between buyers and sellers. All transactions will be the responsibility of the transacting members only. Any user shall not upload, distribute, or otherwise publish through this website any of the Content, information, or other material that –
(a) Violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person;
(b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under Indian law; or
(c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties; or
(d) criminal or tortuous activity, including pornography, child pornography, fraud, trafficking in obscene material, illicit drug dealing, gambling, harassment, stalking, spamming, spamming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets; or
(e) using any information obtained from our website in order to harass, abuse, or harm another person;
(f) in any way violates any laws of India specifically.
Our Website can be accessed through a password and login id to enable you to securely use certain portions of our website. Each time you use a password and login id, you will be deemed to be authorized to access and use the website in a manner consistent with the terms and conditions of this Agreement. The respective seller and buyer are responsible to follow all the rules and regulations themselves and also follow all the legal, regulatory & taxation compliances to provide the goods & services to buyers on our portal.
3 YOUR STATUS
By placing an order for a product or Service through our website, you warrant that: User(s) means any individual or business entity/organization that legally operates in India or in other countries, uses and has the right to use the services provided by Healium.io website. Our services are available only to those individuals or companies who can form legally binding contracts under the applicable law of their respective countries. Therefore, user(s) must satisfy all those conditions so as to enter into a valid contract as per the laws applicable in India. Our website advises its users that while accessing the website, they must follow/ abide by the applicable laws of state as well as central government. Also, seller and buyer should follow the rules, regulations and guidelines as and when updated by the state and central government regarding the sale of their services or products. For example, for e-pharmacy sector, all sellers should follow the code of conduct regarding e-pharmacy, also abide by the rules of National ehealth Authority. For any kind of negligence on the part of the seller(s) or buyer(s), the website cannot be held liable. Also, Healium.io website is not responsible for the possible consequences caused by your behaviour during use of website. Healium.io website may, in its sole discretion, refuse the service to anyone at any time without assigning any reasons. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you. The service cannot be availed by temporarily or indefinitely suspended members of the website.
4 HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
After placing a request for a membership of the platform product , you will receive an e-mail from us acknowledging that we have received your ‘Start your business !’ request. Please note that this does not mean that your request has been accepted. Your ‘Start your business !’ request constitutes an offer to us to avail a Service. All ‘Start your business ! requests are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the ‘Start your business !’ request has been accepted. The contract between you as a service receiver and us as a service provider (Contract) will only be formed when we send you this Confirmation. Healium.io reserves the right to charge various charges for membership account creation, transaction fee, value added services and for invoices and statements as per its company policy. The company policies may change from time to time & shall be displayed on the website. Its your responsibility to check them on the website. Ignorance of the same will not render the website responsible for your lapse.
Healium.io website is only a facilitator and marketplace/ platform for effecting electronically certain commercial transactions. Our website is not and cannot be a party to, or does not control in any manner, any transaction between the Buyers and Sellers. Our website does not implicitly or explicitly support or endorse the sale or purchase of any illegal or prohibited products or services on the Website. At the time of entering into a commercial transaction/ contractual relationship and thereafter, the Buyers and Sellers are responsible to ensure compliance with all the applicable commercial, contractual, tax-related, health related policies, pharmaceutical policy, e-pharmacy regulations, compliance of Rules and Acts Drugs and Cosmetics Act, 1940, Indian Medical Association (IMA), Indian Council of Medical Research (ICMR),Indian Medical Council Act, 1956 and code of ethics regulations, 2002, Narcotic Drugs and Psychotropic Substances Act, 1985, Indian Pharmacy Act 1948, Pharmacy Practice Regulations, 2015, guidelines of Federation of Indian Chambers of Commerce and Industry (FICCI) & Drugs Controller General of India (DCGI) and other laws depending upon your contractual responsibilities. Our website intends to create a marketplace for legally binding commercial transactions and does not in any manner support or advise or endorse any practices or transactions which are illegal, unethical or against the statutory provisions.
All commercial/contractual terms are offered by and agreed to, between Buyers and Sellers alone. The commercial terms and conditions include, without limitation, price, shipping costs, payment methods, payment terms, date, period & mode of delivery, transportation, guarantees/ warranties related to products and services and after sales services related to products and services. Our website does not have any control on these commercial terms or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Sellers.
Sellers/ Suppliers are advised to independently verify the bonafides of the Buyers that they choose to deal with on the website and use their own assessment methods, form opinions, decisions and judgment in that regard. Our website does not make any representation or warranty as to the item-specifics (such as ownership, legal title, credit worthiness, identity, permissions/ approvals and/ or registrations etc.) of any of the Suppliers and/ or Buyers. It is the Seller’s/ Supplier’s responsibility to obtain all the requisite registrations, approvals, permissions, as the case may be for entering into any transaction and for selling the listed products.
Our website does not make any representation or Warranty as to specifics (such as product/ package contents, quality, size, dimensions, value, saleability, etc.) of the products or services proposed to be sold or offered to be sold or purchased via using our website. Our website accepts no liability for any errors or omissions, whether on behalf of itself or third parties. While making use of our website classifieds and other services such as the discussion forums, blog, healthcare library comments, feedback and other services interalia, you will post in the appropriate category or area and you agree that your use of the website shall be strictly governed by this policy for listing of your Classified which shall not violate the prohibited and restricted items policy.
Sellers/ Suppliers shall not offer for sale or supply or engage in any transaction in an item/ product or service, which is banned or prohibited by the provisions of any applicable laws of the land including exchange control laws or regulations for the time being in force.
Our website is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. Our website cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the Website. Our website shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and Sellers.
Our website does not at any point of time during any transaction between Buyer and Seller on the Website come into or take possession of any of the products or services offered by Seller, nor does it at any point gain title to or have any rights or claims over the products or services offered by Seller to Buyer. Our website does not accept any responsibility for storage/ transportation etc. of products.
At no time shall our website hold any right, title or interest over the products, nor shall our website have any obligations or liabilities in respect of such contract entered into, between Buyers and Sellers. Our website is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered. The Sellers/ Suppliers agree that it is their responsibility to ensure that the products offered for sale and the products which are sold do not suffer any adversities due to substandard or poor quality. They confirm and assume full responsibility for the products or services offered including with respect to their use, quality, contents etc. The Seller/ Supplier shall be responsible for keeping in stock the adequate number of items for successful fulfillment of sales. Our website shall not in any way be responsible for any of these responsibilities of the Sellers/ Suppliers.
The Sellers/ Suppliers understand, unconditionally accept and irrevocably agree that the payment facility provided by our website is neither banking nor a financial or lending service but is purely a facility for an electronic, automated online electronic payment and receiving facilitation facility. The Buyers and the Sellers/ Suppliers shall, without any participation of our website as a trading entity, independently agree through the medium of the website, with each other, the manner and terms and conditions of commercial transaction, including therein, the description of products, customisation, delivery, payment, insurance, storage, transportation etc. The Sellers/ Suppliers agree to keep indemnified at all times our website from any claims, damages, costs, expenses from any third parties.
Our website reserves the right to change its Refund and Fee Policy from time to time. In particular, our website may, at its sole discretion and without any prior notice, introduce new services and modify some or all of the existing services offered on the Website. In such an event our website reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Website and such changes shall automatically become effective immediately, unless notified otherwise, after they are hosted on the Website.
Our website does not support sex determination and illegal transplantation services at any cost and in any condition. It is strictly prohibited on our website. Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 2003, commonly called PC-PNDT Act is applicable for this offense we prohibits use of its site for any other illegal activity or medical procedure.
5 IT ACT, 2000 COMPLIANCE (Due Diligence to be observed by intermediary)
Under Rule 3 of Rules made under IT Act, 2000 vide powers conferred by clause (zg) of subsection (2) of section 87 read with sub-section (2) of section 79 : Users of computer resource not to host, display, upload, modify, publish, transmit, update or share any information that —
(a) belongs to another person and to which the user does not have any right to;
(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
(c) harm minors in any way;
(d) infringes any patent, trademark, copyright or other proprietary rights;
(e) Error! Filename not specified.violates any law for the time being in force;
(f) Error! Filename not specified.deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(g) Error! Filename not specified.impersonate another person;
(h) Error! Filename not specified.contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
(i) Error! Filename not specified.threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
6 ACCESSING OUR WEBSITE
6.1 Subject to these terms and conditions we grant to you a non-exclusive, non-transferable right to use our website to receive the Service that you have ordered. A description of the Service that you have ordered can be found on our website.
6.2 Access to our website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our website without any prior notice. We will not be liable if for any reason our website is unavailable at any time or for any period.
6.3 From time to time, we may at our sole discretion restrict access to some parts of our website, or our entire website, to users who have registered with us.
6.4 Without prejudice to paragraph 6.3, we shall use our reasonable endeavors to ensure that our website is functional at all times & incase of an event of downtime, is minimised to the lowest possible.
6.5 If you choose, or you are provided with, a user identification code, user number, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.
6.6 When using our website, you must comply with the provisions of our acceptable use policy.
6.7 You are responsible for making all arrangements necessary for you to have access to our website. You are also responsible for ensuring that all persons who access our website through your internet connection are aware of these terms, and that they comply with them.
6.8 We reserve the rights to use your uploaded company logo and your company name in our promotional literature in both electronic and hardcopy format for promotional and advertising purposes. It is presumed that you have consented and permitted us to use these for our promotional literature unless you have specifically written to us for non-usage.
7 INTELLECTUAL PROPERTY RIGHTS
7.1 We are the owner or the licensee of all intellectual property rights in our website, and in the material published on it, with the exception of intellectual property rights in data supplied to the Company by the Client which will remain with the Client’s. Those works are protected by copyright laws and treaties around the world. All such rights are reserved with the website.
8 RELIANCE ON INFORMATION POSTED
Blog, Commentary and other materials posted on our website are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our website, or by anyone who may be informed of any of its contents.
Our website does not claim ownership of the “content” (in the form of information, data, text, software, products, files, images, messages or other materials) you provide to our website (including feedback and suggestions) or post, upload, privately transmit, input or submit to any website or service for review by the user.
The ownership of this content is the sole responsibility of the person from which such content originated. This means that you, solely responsible for all Content that you upload,cause to upload, post or otherwise transmit via the Service.
9 OUR WEBSITE CHANGES REGULARLY
We aim to update our website regularly, and may change the content at any time. If the need arises, we may suspend access to our website, or close it indefinitely. Any of the material on our website may be out of date at any given time, and we are under no obligation to update such material. ‘The User’ agrees that our website shall not be liable to the User or any third-party for any modification or discontinuance of the Service.
10 PAYMENT , SHIPPING AND REFUND POLICY
All the esteemed members of Healium.io will have their own virtual account number in our nodal bank & the event of purchase shall be initiated by you on transferring the payments into this safe custodian Nodal Bank account & shall only be credited to the seller on mutually agreed terms & conditions (including, defining T, the day of payment entitlement) as per the RBI directions under section 18 of Payments & Settlement Systems Act, 2007 (Act 51 of 2007) issued by Department of Payments & Settlement Systems. All the payments to the vendors involving this nodal bank account, shall be effected within a settlement cycle of T+3. The payout to the vendor shall be made less the transaction fee charged by us, as per the policy of Healium.io or else /as agreed between Healium.io & each vendor ie. each esteemed member.
Our website charges for the transaction fee between seller and buyer from the sellers. However, at the sole discretion of the platform, it can choose to charge its fee from any side. All payments made against our services by you shall be compulsorily in Indian Rupees acceptable in India. Website will not facilitate transactions with respect to any other form of currency with respect to the purchases made on Website. In an arrangement with our bankers, any foreign currency payments shall first be converted into local currency & the website shall not be liable for any currency fluctuation risks, whatsoever. In order to place your buys from outside India, you may need to get in touch with our [email protected]
1. This Website acts as a mere venue/ platform for our members to search, negotiate, interact & transact for buying, selling products and services through our on-line exchange platform.
2. We are only a marketplace for the buyers and sellers. We do not ship any products to any buyers, ourselves. Our website cannot be held liable for any loss during the logistics or delivery of the product or service by any seller or vice versa, as our website is not responsible for fulfilling the actual order of goods or services, but only facilitates the same.
3. We are providing an easy display of Shipping policy of each vendor & strongly advise every seller member to meticulously draft & incorporate their own shipping & refund policies on our website. Failure to do so will not lead to the website being responsible for the lapse.
4. We strongly recommend every buyer to go through the shipping & refund policy of each vendor. By placing the order & proceeding to buy their products, the buyers will be deemed to have accepted the shipping & refund policies of the respective seller.
5. Our website is not a buying or selling party & does not take part in the actual transaction that takes place between the buyers and sellers and hence is not a party to any contract for sale negotiated between buyers and sellers. All transactions will be the responsibility of the transacting members only.
6. Our website does not at any point of time during any transaction between Buyer and Seller on the Website come into or take possession of any of the products or services offered by Seller, nor does it at any point gain title to or have any rights or claims over the products or services offered by Seller to Buyer. Our website does not accept any responsibility for storage/ transportation etc. of products.
7. At no time shall our website hold any right, title or interest over the products nor shall our website have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers. The website is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
8.The Sellers/ Suppliers agree that it is their responsibility to ensure that the products offered for sale and the products which are sold do not suffer from any adversities due to substandard or poor quality. They confirm and assume full responsibility for the products or services offered including with respect to their use, quality, contents etc. The Seller/ Supplier shall be responsible for keeping in stock the adequate number of items for successful fulfillment of sales. Our website shall not in any way be responsible for any of these responsibilities of the Sellers/ Suppliers.
9.Our website does not at any point of time during any transaction between Buyer and Seller on the Website come into or take possession of any of the products or services offered by Seller, nor does it at any point gain title to or have any rights or claims over the products or services offered by Seller to Buyer. Our website does not accept any responsibility for storage/ transportation etc. of products.
10.At no time shall our website hold any right, title or interest over the products, nor shall our website have any obligations or liabilities in respect of such contract entered into, between Buyers and Sellers. our website is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
11.The Sellers/ Suppliers agree that it is their responsibility to ensure that the products offered for sale and the products which are sold do not suffer any adversities due to substandard or poor quality. They confirm and assume full responsibility for the products or services offered including with respect to their use, quality, contents etc. The Seller/ Supplier shall be responsible for keeping in stock the adequate number of items for successful fulfillment of sales. Our website shall not in any way be responsible for any of these responsibilities of the Sellers/ Suppliers.
12.The Sellers/ Suppliers understand, unconditionally accept and irrevocably agree that the payment facility provided by our website is neither banking nor a financial or lending service but is purely a facility for an electronic, automated online electronic payment and receiving facility.
13.The Buyers and the Sellers/ Suppliers shall, without any participation of our website, independently agree with each other the manner and terms and conditions of commercial transaction including therein the description of products, customisation, delivery, payment, insurance, storage, transportation etc.
14.The Sellers/ Suppliers agree to keep indemnified at all times our website from any claims, damages, costs, expenses from any third parties.
ALL THE BUYERS ARE STRONGLY ADVISED TO GO THROUGH & ASCERTAIN THE SHIPPING PROCEDURE, COSTS, DOCUMENTATION, PACKING, INSURANCE & ALL ASSOCIATED MATTERS & RESPONSIBILITIES THEMSELVES WITH THEIR RESPECTIVE SELLERS.THE WEBSITE WILL NOT BE RESPONSIBLE FOR ANY SHIPPING RELATED ISSUES, WHATSOEVER.
Refund Policy
Our website will not offer a 100% Satisfaction Guarantee regarding any services offered by our website. In the least likely case if you are not satisfied with any of the services; please email us your feedback. Our consumer service will contact you within 48 business hours and upon evaluation we will try to resolve your concerns.
It is mandatory for the User to maintain unique Transaction ID numbers, which would be provided at the time of placing a request. This number would be required to address any problems. We shall not be liable to keep transaction records of negotiation beyond 90 days in the normal course. If required, we will extend the period without intimating to the user. In exceptional circumstances, the Healium.io team will work with you to reach a mutually acceptable solution between the trading parties. Healium.io intends to be objective, fair and reasonable in resolving such situations in order to maintain a positive and harmonious relationship with & amongst its Users.
HEALIUM.IO is a strong proponent of fair play and does not in any way support malpractices. We attach utmost importance to the transacting sides fulfilling their commitments in just, fair & timely manner, through quality products & services. In a transaction on Healium.io , the monetary consideration only “changes hands” through the platform. We are merely the trustees to keep the funds temporarily on the platform, to be duly paid to the sellers as per the agreed terms after deducting the agreed amounts for the services the platform provides. Each vendor is provided the opportunity & space to display his Return Policy on the website. It is deemed to have been agreed by a buyer if purchase is initiated by the buyer on Healium.io. Absence of a valid return policy by the specific vendor on our website does not make the website liable for anything, should a situation arise, for the goods to be returned & the payment also needs to be returned.
We strongly advise every seller member to meticulously draft & incorporate their own refund policies on our website. Failure to do so will not lead to the website being responsible for the lapse.
We strongly recommend every buyer to go through the refund policy of each vendor. By placing the order & proceeding to buy their products, the buyers will be deemed to have accepted the shipping & refund policies of the respective seller.
Our Website reserves the right to charge its service fee, even in the returned, replaced & refunded transactions; and may consider only on merit, only in its own discretion to offer relief in some genuine cases. The members transacting through this website would deem to have agreed to this term indisputably & unequivocally.
Our website reserves the right to change its Refund Policy from time to time. Changes to the Refund Policy shall be posted on the website and such changes shall automatically become effective immediately, unless notified otherwise, after they are hosted on the Website.
For the benefit of our users / members, here are some guidelines, which may be referred to, in case of an event warranting refund or exchange :
Obtaining an appropriate insurance for any kinds of losses or damages in transit is advisable by mutual consent between the buyer & the seller.
It is advisable for the buyers to stick to all the good assurance practices employed commonly, including, but not limited to third party inspection, pre-shipment / dispatch inspection or other similar procedures.
If you wish to return an item for any reason except for faulty or a wrong product, raise a communication as early as possible, but in any case, ideally within a week of the receipt, so as to give a reasonable opportunity to the seller to examine all the circumstances & information.
Goods or Services may not be accepted back by the seller if any product or services have been specially made to your requirements.
In case, if the goods are delivered damaged, & transited at the seller’s risk, the seller may require evidence of the damage, e.g. video recording, photographs before he replaces the goods or makes a refund.
If the goods have been used, & they are deemed fit for purpose, the seller may reserve the right not to replace or make a refund.
If your goods are delivered damaged, the seller may reserve the right to collect the damaged goods from the delivery address stated on your order.
In case such an eventuality arises, the seller may not refund the original delivery cost if you received free delivery.
Any replacements, if & when, are accepted by the sides, may be processed by the platform within 14 days of the acceptance. It may however take more time for the vendor, new or old (as per mutual consent), to make available the goods or services.
Any refunds, if & when, are accepted by the sides, are made by the same method as the original payment was made. We aim to process your refund as soon as possible but this may take upto 30 working days from the receipt of the returned goods & / or acceptance by both the sides.
11 OUR LIABILITY
11.1 The features and services on the website are provided on an “as is” and “as available” basis, and website hereby expressly disclaims any and all warranties, express or implied, including but not limited to any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose. All such warranties, representations, conditions, undertakings and terms are hereby excluded. Our website makes no representations or warranties about the validity, accuracy, correctness, reliability, quality and stability, completeness of any product or service available on or through our website.
11.2 Our website is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, delay in delivery of ordered product, failure of any email due to technical problems or traffic congestion on the Internet or on any of the website services or combination thereof.
11.3 Our liability in connection with any Service purchased through our website is strictly limited to the purchase price of that Service. Our website is not involved in any transaction between any parties who are using our website. There are risks, which the User assumes when dealing with people who might be acting under false pretenses and the same shall be borne by the User. The website is a venue only and does not screen or/and censor or/and otherwise control other Users, nor does the website screen or/and censor or/and otherwise control the Users of its service. Website cannot and does not control the behavior of the participants on this website. We cannot control whether or not Users of the website will complete the transactions they describe on our website. It is extremely important that the user takes care throughout his dealings with other people on this website.
11.4 This does not include or limit in any way our liability:
(a) For death or personal injury caused by our negligence;
(b) Under section 2(3) of the Consumer Protection Act 1987;
(c) For fraud or fraudulent misrepresentation;or
(d) For any matter for which it would be illegal for us to exclude, or attempt to
exclude our liability.
11.5 We accept no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
12 VIRUSES, HACKING AND OTHER OFFENCES
12.1 You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our website, the server on which our website is stored or any server, computer or database connected to our website. You must not attack our website via a denial-of-service attack or a distributed denial-of service attack.
12.2 You agree and warrant that any and all material of every kind which you store or display on Your Pages or transmit using our equipment should at all times be free from any and all damaging software defects, including, but not limited to, viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful, which may cause software or hardware disruption and failure, significantly reduced computer operating speed or compromise any security system and that all such materials shall at all times comply with all laws, including, but not limited to, all laws throughout the Globe and your local laws.
12.3 By breaching this provision, you would commit a criminal offense under The Information Technology act, 2000. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our website will cease immediately.
12.4 Our website will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our website or to your downloading of any material posted on it, or on any website linked to it.
13 DATA PROTECTION
Our website is not responsible for any corruption, misguiding or missing of submitted data from you regarding credit card, debit card or any other e-payment detail, e wallet etc. Personal information supplied by user(s) during the use of the website is governed by our privacy policy. Please click here to know about our privacy policy. Registration Information and certain other information about you are subject to our Privacy Policy.
14 TERMINATION WITHOUT CAUSE
These terms and conditions may be terminated by either party at any time upon 7 days’ written notice delivered to the address of the relevant party or sent by e-mail to / from [email protected] to you to your last recorded email address. On termination, there will be no refunds, on any grounds, of any fees paid.
15 WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our website, you accept that communication with us will be mainly electronic.
We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
You will receive an acknowledgement of your communication and we aim to respond to all points of contact within 2 working days and aim to resolve any issues within 7 working days.
This condition does not affect your statutory rights.
16 NOTICES
Healium.io may provide notice to you- the User, by e-mail to the e-mail address provided by you during registration, by a general notice on the Healium.io Website. You may give notice to Healium.io at any time via electronic mail to [email protected] or
through post to below address:
126, A-Wing, Orchard Mall, Royal Palms Estate, Aarey Colony, Goregaon (E),
Mumbai – 400 065, India
All notices or demands to or upon a User(s) shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User(s) to Healium.io, or by posting such notice or demand on an area of the web site that is publicly accessible without a charge. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or actually received at above mentioned address. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was sent by Registered Post AD and properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.
17 GRIEVANCE OFFICER
In accordance with Information Technology Act 2000 and The Information Technology (Intermediaries Guidelines) Rules, 2011 made there under, the name and contact detail of the Grievance Officer is provided below:
Mrs. Rupin Rastogi
Contact Number 9867384858
Email ID: [email protected]
Timings: 10 AM to 5 PM Monday to Friday
Registered Office:
126, A-Wing, Orchard Mall, Royal Palms Estate, Aarey Colony, Goregaon (E),
Mumbai – 400 065, India
18 TRANSFER OF RIGHTS AND OBLIGATIONS
18.1 The contract/Agreement between you and us is binding on you and us and on our respective successors and assigns.
18.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
18.3 Our website may transfer, assign, charge, sub-contract or otherwise dispose of a Contract/Agreement, or any of our rights or obligations arising under it, at any time during the term of the Contract/Agreement.
19 EVENTS OUTSIDE OUR CONTROL
19.1 Our website will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms and conditions or a Contract that is caused by events outside our reasonable control (Force Majeure Event).
19.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) Strikes, lock-outs or other industrial action.
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) Impossibility of the use of public or private communications networks.
(f) The acts, decrees, legislation, regulations or restrictions of any government.
19.3 Our performance under these terms and conditions or any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under these terms and conditions or any Contract may be performed despite the Force Majeure Event.
20 WAIVER
20.1 If we fail, at any time during the term of these terms and conditions, to insist
upon strict performance of any of your obligations under these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
20.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
20.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with paragraph 16 above.
21 SEVERABILITY
If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
22 STATUTE OF LIMITATIONS
User and we agree that any cause of action arising out of or related to these Services must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. If you do not agree with any of our Terms of Uses mentioned above please do not read the material on any of our pages or do not accept our services.
23 ASSIGNMENT
No right may be assigned, and no duty may be delegated, by either party under this Agreement except upon the written consent of the other party and any attempted assignment and delegation without such consent shall be void and without effect. Notwithstanding the foregoing, however, our website shall be entitled to assign this agreement, and all rights and obligations hereunder, to a successor to all or substantially all of its assets, whether by sale, merger or otherwise. This Agreement shall be binding upon and shall insure to the benefit of the parties hereto and their respective representatives, heirs, administrators, successors and permitted assigns except as otherwise provided herein.
24 ENTIRE AGREEMENT
24.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
24.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
24.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
24.4 In agreeing to this Agreement, you confirm that you have not relied on any representation other than those expressly stated in this Agreement and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement.
25 OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
25.1 Our website reserves the right to change any of the terms, conditions, and notices under which “The Service” are offered. You are responsible for regularly reviewing these terms and conditions including changes/modifications if any incorporated by us from time to time. Your continued use of ‘The Service’ constitutes your Agreement to all such terms, conditions and notices.
25.2 You will be subject to the policies and terms and conditions in force at the time that you order Services from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Services).
26 LAW AND JURISDICTION
This Agreement constitutes the entire understanding of the parties, and is agreed to be entered into within the jurisdiction of Mumbai and shall be governed by and shall be construed in accordance with the laws of the Republic of India, without giving effect to any choice of law rules or principles.
Any dispute with Healium.io shall exclusively be subject to the jurisdiction of the appropriate Courts situated at Mumbai, India. No party shall object to removal or prosecution of any litigation to a state court within Mumbai, India.
Any cause of action or claim you may have with respect to Healium.io must be commenced within 3 months after it arises, except to the extent such litigation is not enforceable. To the fullest extent permitted by law, each party to this Terms of Use waives its or his or her right to a jury trial with respect to any dispute or other controversy arising from hereunder or your use of or access to the Healium.io Services or website.
Failure to exercise or delay in exercising any right hereunder, or failure to insist upon or enforce strict performance of any provision of this Terms of Use, shall not be considered waiver thereof, which can only be made by signed writing. No single waiver shall be considered a continuing or permanent waiver.
27 ARBITRATION
Any and all disputes, controversies and conflicts (hereinafter referred to as “Disputes”) arising out of this Agreement between the Parties hereto or arising out of or relating to or in connection with this Agreement and the performance or non-performance of the rights and obligations set forth herein or the termination or validity or interpretation or implementation or alleged breach of any provision of this Agreement shall be referred for arbitration in terms of the Arbitration and Conciliation Act, 1996 or any modifications and/or re-enactments thereof. Prior to submitting the Disputes to arbitration the parties hereto shall mutually resolve to settle the Disputes through mutual negotiation and discussions. In the event that the said Disputes are not settled within 30 days of the arising of the Disputes, the same shall finally be settled and determined by arbitration to be conducted by a sole arbitrator in accordance with the Arbitration and Conciliation Act, 1996. The place of arbitration shall be Mumbai and the language used in the arbitral proceedings shall be English. The sole arbitrator shall be mutually nominated and appointed by both parties. The award shall be enforceable in court of competent jurisdiction at Mumbai
Date Last Modified
These Terms and Condition were last modified 22nd January, 2022
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