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Terms and Conditions

BUYSELLMEDICAL – TERM AND CONDITIONS

GENERAL TERMS AND CONDITIONS

1. INTRODUCTION

This is an electronically generated document in accordance with the Information Technology Act, 2000 and Rules made thereunder and does not require any physical or digital signature.

This document is published in accordance with the provisions of Rules 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that requires publishing the Rules and Regulations, Privacy Policy and Terms and Conditions of the www.buysell.medicaljob.in (“hereinafter referred to as BUYSELL MEDICAL or we or us or site or website or our site”).

This Website provides a collection of online resources which include classified advertisements for Medical Products (hereinafter referred to as “Service“) subject to these Terms and Conditions (hereinafter referred to as “Terms“). The purpose of the Terms and wherever the context so require, the terms ‘You‘ or ‘you‘ or ‘user’ shall mean any person except patients including but not limited to Healthcare Professionals, Pharmaceutical Companies, Dealers, Medical Professionals, Doctors, Medical Students etc. who uses the Website or the Services in any manner whatsoever including persons browsing the Websites and its content, posting comments or any content or responding to any advertisements or content on the Websites. Patients are strictly prohibited on the Website and are they not allowed to use Service of BUYSELL MEDICAL.

By using the Service, you agree to comply with these Terms. Additionally, when using a portion of the Service, you agree to conform to any applicable posted guidelines for such Service, which may change from time to time. You understand and agree that you are solely responsible for reviewing these Terms from time to time. Should you object to any term or condition of these Terms, any guideline, or any subsequent changes thereto or become unhappy with BUYSELL MEDICAL in any way, your only choice is to immediately discontinue use of BUYSELL MEDICAL. BUYSELL MEDICAL may revise/alter/delete/ modify/change any or all of these terms of use/terms and conditions at any time. Your continued use of BUYSELL MEDICAL will signify your/user/member’s assent/consent to those changes. Therefore, kindly review the Terms regularly. You understand and agree that to the extent you are located in the jurisdiction of REPUBLIC OF INDIA, you will utilize the Service in compliance with any laws, regulations, and guidelines that may be applicable under the jurisdiction of REPUBLIC OF INDIA including but not limited to the Information Technology Act, 2000, Consumer Protection Act, 1986 and Code for Self-Regulation in Advertising issued by Advertising Standards Council of India.

 

2. DESCRIPTION OF SERVICE AND CONTENT POLICY

2.1 BUYSELL MEDICAL is fully owned and operated by Everything Medical Private Limited, provides an online classified listing platform for listing medical products. We act as a venue to allow our users who comply with these Terms to offer, sell, and buy products and services listed on the Website. Although you may be able to use the information available on the Website, BUYSELL MEDICAL is not in any way involved in any transaction between the users. As a result, and as discussed in more detail in these Terms, you hereby acknowledge and agree that BUYSELL MEDICAL is not a party to such transactions, has no control over any element of such transactions, and shall have no liability to any party in connection with such transactions. You use the Service and the Website at your own risk.

 

2.2 You understand that BUYSELL MEDICAL does not control, and is not responsible for ads, directory information, business listings/information, messages between users, including without limitation e-mails sent from outside BUYSELL MEDICAL’s domain or other means of electronic communication, whether through the Website or another Third Party Website (defined below) or offerings, comments, user postings, files, images, photos, video, sounds, business listings/information and directory information or any other material made available through the Website and the Service (“hereinafter referred to as “Content“), and that by using the Website and the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. You acknowledge and agree that you are responsible for and must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will BUYSELL MEDICAL be liable in any way for the Content or for any loss or damage of any kind incurred as a result of the browsing, using or reading any Content listed, emailed or otherwise made available via the Service. You acknowledge and agree that, BUYSELL MEDICAL cannot and does not pre-screen or approve any Content, but that BUYSELL MEDICAL has the right, in its sole and absolute discretion, to refuse, delete or move any Content that is or may be available through the Service, for violating these Terms and such violation being brought to BUYSELL MEDICAL’s knowledge or for any other reason or no reason at all. Furthermore, the Website and Content available through the Website may contain links to other third-party websites (“hereinafter referred to as Third Party Websites“), which are completely unrelated to BUYSELL MEDICAL. If you link to Third Party Websites, you may be subject to those Third-Party Websites’ terms and conditions and other policies. BUYSELL MEDICAL does not recommend and does not endorse the content on/off any third-party websites including that of advertisers. BUYSELL MEDICAL is not responsible/liable for the content of these external sites nor does BUYSELL MEDICAL endorse, warrant or guarantee the products, services or information, messages, accuracy, genuineness, reliability described or offered or advertised at these other external websites, and your linking to any other websites is completely at your own risk and BUYSELL MEDICAL disclaims all liability thereto.

 

2.3 You acknowledge and agree that you are solely responsible for your own Content posted on, transmitted through, or linked from the Service and the consequences of posting, transmitting, linking or publishing it. More specifically, you are solely responsible for all Content that you upload, email or otherwise make available via the Service. In connection with such Content posted on, transmitted through, or linked from the Service by you, you affirm, acknowledge, represent, and warrant that:

  • you own or have the necessary licenses, rights, consents, and permissions to use such Content on the Service and Website (including without limitation all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such Content) and authorize BUYSELL MEDICAL to use such Content to enable inclusion and use of the Content in the manner contemplated by the Service, the Website and these Terms; and

 

  • you have the written consent, release, and/or permission of each and every identifiable individual person or business in the Content to use the name or likeness of each and every such identifiable individual person or business to enable inclusion and use of the Content in the manner contemplated by the Service, the Website and these Terms.

For clarity, you retain all of your ownership rights in your Content; however, by submitting the Content to BUYSELL MEDICAL, you hereby grant to BUYSELL MEDICAL an irrevocable, non-cancellable, perpetual, worldwide, non-exclusive, royalty-free, sub-licensable, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Website and BUYSELL MEDICAL’s (and its successors’) business, including without limitation for the purpose of promoting and redistributing part or all of the Website and Content therein (and derivative works thereof) in any media formats and through any media channels now or hereafter known. These rights are required by BUYSELL MEDICAL in order to host and display your Content. Furthermore, by you posting Content to any public area of the Service, you agree to and do hereby grant to BUYSELL MEDICAL all rights necessary to prohibit or allow any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service or Website by any party for any purpose. You also hereby grant each user of the Website a non-exclusive license to access your Content through the Website. The foregoing license to each user granted by you terminates once you remove or delete such Content from the Website.

2.4 BUYSELL MEDICAL does not endorse any Content or any opinion, statement, recommendation, or advice expressed therein, and BUYSELL MEDICAL expressly disclaims any and all liability in connection with user Content. BUYSELL MEDICAL does not permit copyright infringing activities and infringement of intellectual property rights on the Website, and BUYSELL MEDICAL may, at its sole discretion, remove any infringing Content if properly notified that such Content infringes on another’s intellectual property rights. BUYSELL MEDICAL reserves the right to remove any Content without prior notice. BUYSELL MEDICAL may also terminate a user’s access to the Website if they are determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had a user submission removed from the Website more than twice. Further, at its sole discretion, BUYSELL MEDICAL reserves the right to decide whether any Content is appropriate and complies with these Terms for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene, libellous, or defamatory material, or excessive length. BUYSELL MEDICAL may remove such Content and/or terminate a user’s access for uploading such material in violation of these Terms at any time, without prior notice and at its sole discretion.

 

2.5 By uploading photographs for your ad, you irrevocably consent to the use of your photographs for this Service and represent and warrant that you have all right, title and interest necessary to upload and use the photographs on this Service. Under this Service, using a third-party application or service, BUYSELL MEDICAL may, at its discretion, create a video of your photographs, upload the video via any third-party service provider, as determined by BUYSELL MEDICAL at its discretion, and embed the video into your ad on BUYSELL MEDICAL.

 

3. REGISTRATION AND USER ACCOUNT

3.1 You may not register with BUYSELL MEDICAL if you are under the age of 18. Registration with BUYSELL MEDICAL is free of charge. However, we may opt to charge registration fees in the future. We will require such fees only following the posting of prior notice on BUYSELL MEDICAL, but we are under no obligation to notify you in person of any change in our registration policy. If you do not consent to the terms in the notice, or fail to settle your registration fees to our satisfaction, then your account on BUYSELL MEDICAL shall be terminated.

 

3.2 When you register with BUYSELL MEDICAL we will ask you to provide us with certain contact and personal details. You must submit only true, complete and accurate details. False, incorrect, or out dated information may prevent you from registering and impair our ability to provide you with Services and to contact you. We will explicitly indicate the fields for mandatory completion. If you do not enter the requisite data in these fields, you will not be able to register with BUYSELL MEDICAL.

 

3.3 To login, you must use your personal email-id and mobile number which will be verified by BUYSELL MEDICAL. We may also establish and require from time to time additional or different means of identification and authentication for logging in and accessing your account, or for accessing certain services on BUYSELL MEDICAL. You are fully accountable for any outcome resulting from your failure to provide true, accurate and complete details in the course of the registration process, and for any use or misuse of your account on BUYSELL MEDICAL as a result of conveying your details to someone else.

 

3.4 Once the user has completed the registration process, the user can either ‘look for ads’ and/or ‘post an ad’ on BUYSELL MEDICAL. If the user choses to ‘look for ads’, he/she may choose to look at ads in accordance with his/her requirements and then can contact the relevant seller by choosing ‘Respond to ad’ option where he/she can fill in the required details, of which the seller will be informed. BUYSELL MEDICAL is not involved and is not part of any actual transaction which takes place between the buyer (user) and seller for any medical product.

 

3.5 If the user chooses to ‘post an ad’ option after registering himself/herself on BUYSELL MEDICAL, he/she will have to provide details about the medical product that he/she is intending to list on BUYSELL MEDICAL. The user is also required to upload photographs of the said medical product. Once the said procedure is complete, the user is then taken to the cart where the user can either choose to check out and pay for the said listing or can continue to post another ad.

 

3.6 Once the payment is made for the number of ad(s) made by the user, the ad(s) is sent for approval to BUYSELL MEDICAL. After approval of the said ad(s), it/they are listed on the Website. Any ad(s) submitted by a user to be listed on the Website is subject to approval of BUYSELL MEDICAL.

 

3.7 BUYSELL MEDICAL allows ONE LISTING for ONE PRODUCT only. The user shall note that incase he/she wants to post multiple ads for different products, he/she will have to buy individual ad for each different product. Only the number of quantity of the product can be additionally displayed on one single ad. If any user submits more than one product in a single ad, the ads will not be accepted by BUYSELL MEDICAL and will not be listed on the website. No refund will be provided to the users in case of multiple listings are submitted in a single ad.

 

4. CIRCULATION AND PACKAGES

4.1 A user in addition to the usual listing can also opt for Circulation. This feature at BUYSELL MEDCIAL, will allow users to list their respective ad(s) on weekly newsletter issued by BUYSELL MEDICAL which is circulated amongst more than 2,00,000 subscribers of the medical community. The user can opt for Circulation feature after providing details and uploading photographs of the medical product, where specific slots (which will be divided pricewise) will be available for users to choose.

4.2 Once the user chooses the slot, the cart will be updated with the price of the slot chosen by the user along with the ad price.

4.3 The Circulation of the newsletter is circulated once a week, however, in any circumstance, if the newsletter is unable to be circulated in a given week, the same ad(s) of the users who have opted for Circulation for that specific week will be shifted to next edition of the newsletter as and when circulated. No refund shall be provided to the users for any delay in circulation of the said newsletter.

4.4 BUYSELL MEDICAL, also provide its users to opt for bundled ad packages where users can buy predetermined quota of ad listings for a specific time period which can be listed on the Website. For every ad listed, the number of allowed listings in the package chosen by the user will be reduced from the designated quota for the user who has bought the bundled ad package. The bundled ad package is a prepaid feature on BUYSELL MEDICAL, therefore the user has to buy the said bundled ad package before he/she starts listing on the Website.

 

5. CONDUCT

5.1 You agree not to post, email, host, display, upload, modify, publish, transmit, update or share any information on the Website, or otherwise make available Content that is in violation of any local, state, national or international laws:

 

  • that includes adult goods and services having pornography and other sexually suggestive materials (including literature, imagery and other media); escort or prostitution services and massage parlours or any other sexual related services;

 

  • that includes drugs and drug paraphernalia which include illegal drugs and drug accessories, including but not limited to herbal drugs like salvia, magic mushrooms, marijuana (including medical marijuana), drug test circumvention aids like drug cleansing shakes, urine test additives and related items or any kind of online pharmacies which include drugs or other products requiring a prescription by a licensed medical practitioner;

 

  • that are Counterfeit and unauthorized goods, which include replicas or imitations of designer goods; items without a celebrity endorsement that would normally require such an association; fake autographs, counterfeit stamps, and other potentially unauthorized goods;

 

  • that includes weapons, firearms, ammunition, knives, brass knuckles, gun parts and any other armaments;

 

  • that includes alcoholic beverages, cigarettes, cigars, chewing tobacco, and related products;

 

  • that includes human organs & any other human body parts, animals and plant species or other organisms (including product derivative. Animals hides/skins/teeth, nails and any other parts of animals;

 

  • that includes any kind of securities (stocks, bonds etc.), currencies including crypto currencies;

 

  • that is copyrighted or patented, protected by trade secret or trademark, or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission or a license from their rightful owner to post the material and to grant BUYSELL MEDICAL all of the license rights granted herein;

 

  • that infringes any of the foregoing intellectual property rights of any party, or is Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;

 

  • that is harmful, abusive, unlawful, threatening, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy or other rights, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling which includes lottery tickets, sports bets, memberships/ enrolment in online gambling sites, and related content, Casino Gaming Chips, Off-Track Betting and Wagers at Race Tracks or harms or could harm minors in any way or otherwise unlawful in any manner whatsoever;

 

  • that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

 

  • that violates any local, state, national or international equal employment laws, including but not limited to those prohibiting the stating, in any advertisement for employment, a preference or requirement based on race, colour, religion, sex, national origin, age, or disability of the applicant

 

  • that violates any local, state, national or international equal employment laws, including but not limited to those prohibiting the stating, in any advertisement for employment, a preference or requirement based on race, colour, religion, sex, national origin, age, or disability of the applicant.

 

  • that includes personal or identifying information about another person without that person’s explicit consent;

 

  • that impersonates any person or entity, including, but not limited to, a BUYSELL MEDICAL employee, or falsely states or otherwise misrepresents an affiliation with a person or entity;

 

  • deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

 

  • that constitutes or contains “pyramid schemes,” “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” or unsolicited advertisements of a commercial nature;

 

  • that constitutes or contains any form of advertising or solicitation if (1) posted in areas or categories of the Website which are not designated for such purposes; or (2) e-mailed to BUYSELL MEDICAL users who have requested not to be contacted about other services, products or commercial interests;

 

  • that includes links to commercial services or Third-Party Websites, except as specifically allowed by BUYSELL MEDICAL;

 

  • that advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by any local, state, national or international laws;

 

  • that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or any other computer resource;

 

  • that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or that otherwise negatively affects other users’ ability to use the Service; or

 

  • that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.

5.2 Additionally, you agree not to:

 

  • contact anyone who has asked not to be contacted, or makes unsolicited contact with anyone for any commercial purpose, or to “stalk” or otherwise harass anyone;

 

  • make any libellous or defamatory comments or postings to or against anyone;

 

  • collect personal data about other users or entities for commercial or unlawful purposes;

 

  • use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Service, except for internet search engines and non-commercial public archives that comply with our policies;

 

  • post Content that is outside the local area or not relevant to the local area, repeatedly post the same or similar Content, or otherwise impose unreasonable or disproportionately large loads on our servers and other infrastructure;

 

  • post the same item or service in multiple classified categories or forums, or in multiple metropolitan areas;

 

  • attempt to gain unauthorized access to computer systems owned or controlled by BUYSELL MEDICAL or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Website.

 

  • use any form of automated device or computer program (sometimes referred to as “flagging tools”) that enables the use of BUYSELL MEDICAL’s “flagging system” or other community control systems without each flag being manually entered by a human that initiates the flag (an “automated flagging device”), or use any such flagging tool to remove posts of competitors, other third parties or to remove posts without a reasonable good faith belief that the post being flagged violates these Terms or any applicable law or regulation.

 

  • use any automated device or software that enables the submission of automatic postings on BUYSELL MEDICAL without human intervention or authorship (an “automated posting device”), including without limitation, the use of any such automated posting device in connection with bulk postings, or for automatic submission of postings at certain times or intervals; or

 

  • Any Content uploaded by you shall be subject to relevant laws and may disabled, or and may be subject to investigation under appropriate laws. Furthermore, if you are found to be in non-compliance with the laws and regulations, these terms, or the privacy policy of the Site, we may terminate your account/block your access to the Site and we reserve the right to remove any non-compliant Content uploaded by you.

 

6. ACCESS TO THE SERVICE

6.1 BUYSELL MEDICAL grants you a limited, revocable, non-exclusive license to access and use the Service for personal use. This license granted herein does not include any of the following: (a) access to or use of the Service by Posting Agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by BUYSELL MEDICAL or as otherwise set forth in these Terms. Notwithstanding the foregoing, general purpose internet search engines and non-commercial public archives that gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our policies, may engage in the activities set forth in (b). For purposes of this exception, a “general purpose internet search engine” does not include a website or search engine or another service that specializes in classified listings including any subset of classifieds listings such as housing, for sale, jobs, services, or personals, or which otherwise provides classified ad listing services.

 

6.2 The license set forth in this Section permits you to display on your website, or create a hyperlink thereto, individual postings on the Service so long as such use is for non-commercial and/or news reporting purposes only (e.g., for use in personal blogs or other personal online media). If the total number of such postings displayed on or linked to your website exceeds forty-nine (49) postings, your use will be considered to be in violation of these Terms, unless BUYSELL MEDICAL expressly grants you permission otherwise. You are also permitted to create a hyperlink to the home page of the Website so long as the link does not portray BUYSELL MEDICAL, its employees, affiliates or agents in a false, confusing, misleading, derogatory, or otherwise offensive matter. BUYSELL MEDICAL may offer parts of the Service in RSS format for the purpose of embedding individual RSS feeds into a personal website or blog, or view postings through third party software news aggregators. BUYSELL MEDICAL permits you to display, excerpt from, and link to any such RSS feeds on your personal website or personal blog, provided that (a) your use of the RSS feed is for personal, non-commercial purposes only, (b) each title within an RSS feed is correctly linked back to the original post on the Service and redirects the user to the post when the user clicks on it, (c) you provide, in a conspicuous manner, proper attribution to ‘BUYSELL MEDICAL’ as the source of the RSS feed, (d) your use or display of the RSS feed does not suggest that BUYSELL MEDICAL promotes or endorses any third party causes, opinions, ideas, web sites, products or services, (e) you do not redistribute the RSS feed, and (f) your use does not overburden or otherwise slow the performance of BUYSELL MEDICAL’s systems. BUYSELL MEDICAL reserves all rights in and to the content of any RSS feeds provided through the Service and may terminate any RSS feed at any time without notice. Use of the Service beyond the scope of authorized access as set forth in these Terms immediately terminates any permission or license granted herein. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from BUYSELL MEDICAL.

7. NOTIFICATION OF CLAIMS OF INFRINGEMENTS

7.1 BUYSELL MEDICAL is not liable for any infringement of copyright arising out of materials posted on or transmitted through the site, or items advertised on the site, by end users or any other third parties.

 

7.2 If you are a copyright owner or an agent thereof and believe that any user Content or other content at BUYSELL MEDICAL site, infringes upon your copyrights, you should immediately notify to BUYSELL MEDICAL at (info@buysell.medicaljob.in).

The claim should include the following:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

 

  • Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

 

  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit BUYSELL MEDICAL to locate the material;

 

  • Information reasonably sufficient to permit BUYSELL MEDICAL to contact you, such as an address, telephone number, and, if available, an electronic mail address;

 

  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law and

 

  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

8. INTELLECTUAL PROPERTY RIGHTS

8.1 You acknowledge and agree that the materials on the Website, other than the user Content that you have licensed, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (hereinafter referred to as “Materials“) and the trademarks, service marks and logos contained therein (hereinafter referred to as “Marks“), are owned by or licensed to BUYSELL MEDICAL, and are subject to copyright and other intellectual property rights under any local, state, national or international laws. Materials on the Website are provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. BUYSELL MEDICAL reserves all rights not expressly granted herein to the Website and the Materials. You agree to not engage in the use, copying, or distribution of any of the Materials other than as expressly permitted herein, including any use, copying, or distribution of Materials of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Materials for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Materials or enforce limitations on use of the Website or the Materials therein. The Service is protected to the maximum extent permitted by copyright laws, other laws, and international treaties. The Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, other laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Website, the Materials, or the collective work or compilation is expressly prohibited. Copying or reproducing the Website, the Materials, or any portion thereof to any other server or location for further reproduction or redistribution is expressly prohibited. You further agree not to reproduce, duplicate or copy Content or Materials from the Service, and agree to abide by any and all copyright notices and other notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.

8.2 You understand that when using the Website, you will be exposed to Content from a variety of sources, and that BUYSELL MEDICAL is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content, and you agree and assume all liability for your use. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, defamatory or libelous and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against BUYSELL MEDICAL with respect thereto.

 

9. INDEMNIFICATION

9.1 You agree to defend, indemnify and hold harmless BUYSELL MEDICAL, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from:

  • Your breach of any of your warranties, representations or obligations under these Terms & Conditions and/or any documents referenced herein;
  • Your violation of any law, rules, requirements or guidelines and/or the rights of a third party (including, without limitation, intellectual property rights);
  • Your use of the BUYSELL MEDICAL website;
  • any claim that your Content caused damage to a third party. This defence and indemnification obligation will survive termination, modification or expiration of these Terms and your use of the Service and the Website.

 

10. NO SPAM POLICY

10.1 You understand and agree that sending unsolicited email advertisements or other unsolicited communications to BUYSELL MEDICAL email addresses or through BUYSELL MEDICAL computer systems are expressly prohibited by these Terms. You acknowledge and agree that from time to time BUYSELL MEDICAL may monitor email usage using human monitors or automated software to flag certain words associated with spam or scams in emails that are sent between one user to another in the BUYSELL MEDICAL e mail Any communication between yourself and any other user utilizing the communication features available on the Service and the Website may be used only in accordance with the Terms. Any unauthorized use of BUYSELL MEDICAL computer systems is a violation of these Terms and certain National and state laws. Such violations may subject the sender and his or her agents to civil and criminal penalties.

 

11. DEALINGS WITH ORGANIZATIONS AND INDIVIDUALS

11.1 You acknowledge and agree that BUYSELL MEDICAL shall not be liable for your interactions with any organizations and/or individuals on the Website or through the Service. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with any interaction you may have with other organizations and/or individuals. These dealings are solely between you and such organizations and/or individuals. You agree and acknowledge that BUYSELL MEDICAL shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or interactions. If there is a dispute between participants on the Website, or between users and any third party, you understand and agree that BUYSELL MEDICAL is under no obligation to become involved in such dispute. In the event that you have a dispute with one or more other users, you hereby release BUYSELL MEDICAL, its officers, employees, agents and successors from any and all claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our Service.

 

12. LIMITATION AND TERMINATION OF SERVICE

12.1 BUYSELL MEDICAL’s functions/services depend on various factors such as software, hardware and communication networks etc., BUYSELL MEDICAL does not guarantee Services will be continuous, uninterrupted, timely, secure or error-free and BUYSELL MEDICAL is not responsible and liable for all that and for the failure of the internet or any data or telecommunication equipment, system or network used in connection with the site or the products.

 

12.2 You acknowledge and agree that BUYSELL MEDICAL may establish limits from time to time concerning use of the Service, including among others, the maximum number of days that Content will be maintained or retained by the Service, the maximum number and size of postings, e-mail messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service or the Website. You acknowledge and agree that BUYSELL MEDICAL has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Website or the Service. You acknowledge and agree that BUYSELL MEDICAL reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice and that BUYSELL MEDICAL shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Service. You acknowledge and agree that BUYSELL MEDICAL, in its sole and absolute discretion, has the right (but not the obligation) to delete or deactivate your account, block your e-mail or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason or no reason at all, including, without limitation, if BUYSELL MEDICAL believes that you have violated these Terms. Further, you agree that BUYSELL MEDICAL shall not be liable to you or any third-party for any termination of your access to the Website or the Service. Further, you agree not to attempt to use the Service after any such termination.

 

13. DISCLAIMER OF WARRANTIES

13.1 YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE WEBSITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK AND THAT THE WEBSITE AND THE SERVICE ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW BUYSELL MEDICAL, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. BUYSELL MEDICAL MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY THIRD PARTY WEBSITES LINKED TO THE WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE AND SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, COMMUNICATED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE OR THE SERVICE.

 

13.2 BUYSELL MEDICAL DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, BUYSELL MEDICAL WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND/OR OTHER USERS AND/OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

 

14. LIMITATIONS OF LIABILITY

14.1 IN NO EVENT SHALL BUYSELL MEDICAL, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF BUYSELL MEDICAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE WEBSITE OR THE SERVICE, INCLUDING WITHOUT LIMITATION WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WEBSITE OR THE SERVICE, FROM INABILITY TO USE THE WEBSITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WEBSITE OR THE SERVICE. SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR THE SERVICE OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION, OPINIONS OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR THE SERVICE OR ANY LINKS ON THE BUYSELL MEDICAL SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT BUYSELL MEDICAL SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. The Website is controlled and offered by BUYSELL MEDICAL from its facilities in India. BUYSELL MEDICAL makes no representations or warranties that the Website is appropriate for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and risk and are responsible for compliance with local law.

 

15. ASSIGNMENT

15.1 These Terms, and any rights and licenses granted hereunder may not be transferred or assigned by you but may be assigned by BUYSELL MEDICAL without restriction. Any assignment or transfer by you shall be null and void.

 

16. ABILITY TO ACCEPT TERMS OF SERVICE

16.1 This Website is intended only for adults. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, you affirm that you are over the age of 18, as the Website is not intended for children under 18.

 

16.2 NOTICE TO CHILDREN UNDER THE AGE OF 18 AND THEIR PARENTS OR GUARDIANS If you are under the age of 18, YOU MUST NOT USE THIS WEBSITE. Please do not send us your personal information, including your email addresses, name, and/or contact information. If you want to contact us, you may only do so through your parent or legal guardian.

 

17. GENERAL INFORMATION

17.1 These Terms and the other policies posted on the Website constitute the complete and exclusive understanding and agreement between you and BUYSELL MEDICAL and govern your use of the Service and the Website superseding all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral. The Terms and the relationship between you and BUYSELL MEDICAL shall be governed by the laws of INDIA without regard to its conflict of law principles. You and BUYSELL MEDICAL agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Gujarat, India. The failure of BUYSELL MEDICAL to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid (including, without limitation, because such provision is inconsistent with the laws of another jurisdiction) or inapplicable, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision. If any provision or provisions of these Terms is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of the Terms shall not in any way be affected or be impaired. You agree that any cause of action brought by you and arising out of or related to your use of the service and/or the website must commence within one (1) year after the cause of action accrues, except that BUYSELL MEDICAL may commence any such cause of action in accordance with the applicable statute of limitations under the laws of Republic of India. Otherwise, such cause of action is permanently barred. These Terms shall inure to the benefit of and be binding upon each party’s successors and assigns.

 

18. VIOLATION OF TERMS

18.1 If BUYSELL MEDICAL becomes aware of any possible violations by You of the Terms, BUYSELL MEDICAL reserves the right to investigate such violations. If, as a result of the investigation, BUYSELL MEDICAL believes that criminal activity has occurred, BUYSELL MEDICAL reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. BUYSELL MEDICAL is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in the Services, including Your Content, in BUYSELL MEDICAL’s possession in connection with your use of the Services:

  • comply with applicable laws, legal process or governmental request;
  • enforce the Terms,
  • respond to any claims that our Content violates the rights of third parties,

18.2 Kindly report any violations of the Terms that you become aware of by contacting us on contact details available on buysell.medicaljob.in/contact-us. Any failure to act by BUYSELL MEDICAL with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches by you or others.

 

19. GOVERNING LAW & JURISDICTION:

19.1 This agreement shall be governed by and construed in accordance with the laws of REPUBLIC OF INDIA and the Courts at New Delhi, India shall have exclusive jurisdiction in all matters and disputes arising out of and relating to the Website. The parties shall attempt to settle any dispute arising from and/or in connection with this agreement by way of negotiation. If the dispute is not so resolved within 30 days, it shall be referred to and finally resolved by arbitration under the Arbitration and Conciliation Act, 1996. Each party shall nominate its own arbitrators and the two arbitrators thus nominated shall appoint the Chairman of Arbitral Tribunal and the place of arbitration shall be Ahmedabad in India only. The language of the Arbitration shall be English.

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