This document is an electronic record in terms of
(i) Information Technology Act, 2000;
(ii) the rules framed there under as applicable; and
(iii) 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.
The Website is owned, registered and operated by AK Medical Technology Private Limited ("Company"), a private limited company, incorporated under the provisions of the Companies Act, 2013 and having its registered office at 9,80 Feet Road, H M T Layout, R T Nagar, Bangalore 560032.
“Authority” shall mean any national, state, provincial, local or similar government, governmental, regulatory or administrative authority, branch, agency, any statutory body or commission or any non-governmental regulatory or administrative authority, body or other organization to the extent that the rules, regulations and standards, requirements, procedures or Orders of such authority, body or other organization that have the force of Applicable Law or any court, tribunal, arbitral or judicial body in India;
“Buyer” shall mean and include any healthcare service provider, hospital, clinic, nursing home, day care, diagnostic center, pharmacy or Laboratory, that makes a purchase on the Website;
“Short Expiry” shall mean a product that shall expire within a period of 3 (Three) months from the date of delivery;
“Supplier” shall mean and include any natural or legal person including a manufacturer and/ or an authorised distributor.
Platform for Buyers and Suppliers:
This Website will only act as a facilitator between the Suppliers and Buyers for medical and office purchases. It is a closed marketplace and hence, to avail the benefits of this platform, Users (includes both Suppliers and the Buyers) must mandatorily register themselves on the Website and the Website shall verify every registered Buyer and Supplier’s account. Every registered User shall allocate themselves a unique identification user name and password ("User ID" and "Password").
If you use the Website as registered User, you are responsible for maintaining the confidentiality of your User ID and Password. You are responsible for all activities that occur under your User ID and Password. You agree, inter alia, to provide true, accurate, current and complete information about yourself as prompted by the Website registration form. If you provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, We reserve the right to indefinitely suspend, terminate or block access of your membership with the Website and refuse to provide you with access to the Website.
We are not and cannot be a party to or control in any manner any transaction between the Website's Users.
All commercial/contractual terms except price, payment methods and time period of delivery are offered by and agreed to between Buyers and Suppliers alone. The commercial/contractual terms include shipping costs, mode of delivery and warranties related to products. We only aid and assist the Buyer by understanding their needs and suggesting suitable options. We do not have any control and We do not determine in any way, the offering or acceptance of such commercial/contractual terms between the Buyers and Suppliers.
We do not make any representation or warranty as to the specifics of the products proposed to be sold or offered to be sold or purchased on the Website. We do not accept liability for any errors or omissions, whether on behalf of itself or third parties.
We do not, at any point of time, during any transaction between Buyer and Supplier on the Website come into or take possession of any of the products offered by Supplier nor do We, at any point gain title to or have any rights or claims over the products offered by Supplier to Buyer.
The Website is only a platform that can be utilized by Users to reach a larger base to buy and sell medical products. At no time shall the Website hold any right, title or interest over the products nor shall it have any obligations or liabilities in respect of such contract.
Representations, Warranties and Obligations of the Buyer: The Buyer hereby represents and warrants that (a) They shall not default in making payments for products bought on the Website; (b) They shall be liable to indemnify the Supplier in case of any default in payments and shall be penalized in accordance with Credit Information Bureau (India) Limited (CIBIL) and appropriate Bank Policies; (c) They shall not attempt to contact the Suppliers outside the Website for products listed on the Website; (d) They shall not use any products purchased from the Website for individual, personal, family or household use as the Website is intended to be a business to business platform and not a business to final customer platform; (e) They have the option to share 3 (three) months of their purchase data with the Website in order to enable the Website to provide them with a better user experience; and (f) They have all the necessary approvals, licenses, clearances and permits to run their hospital, clinic or ward and they are not in violation of any Applicable Law.
Intellectual Property Rights
All content included on the Website, including but not limited to, text, graphics, logos, designs, photographs, button icons, images, video clips, digital downloads, data compilations etc., is Our property and is protected by the Applicable Laws with respect to intellectual property rights. The compilation of all content on this Website is Our exclusive property, and shall not be reproduced or used without express written permission from Us. We reserve the right to terminate our engagement with You, if We, in Our sole and absolute discretion, believe that You are in violation of this clause.
The content made available on or via the Website, is 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 Our prior written consent. We reserve all rights, not expressly granted in and to the Website.
SupplyThis.com is the domain of the Company. The Website, including, but not limited to its graphics, logos, page headers, button icons, scripts and service names constitute trade dress of the Company. The trademarks, domain names and trade dress of the Company shall not be used or reproduced without prior written approval from the Company, and may not be used in connection with any product or Service that is not affiliated with the Company.
License and warranty for Your submissions to the Website
Any information You submit to Us, is at Your own risk. By providing information to Us, You represent and warrant that You are entitled to submit it and that it is not confidential and it is not in violation of any law, contractual restrictions or other third party rights (including any intellectual property rights).
The Website may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of the Website. We are not responsible for the content of any Linked Site, including, without limitation to, any link contained in a Linked Site, or any changes or updates to a Linked Site.
We are not responsible for any form of transmission, whatsoever, received by the User from any Linked Site. We are providing these links only for convenience, and the inclusion of any such link does not imply endorsement by the Website, of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof.
The Buyer on placing an order on the Website, will make payment through one of the following available options:
Net/ Debit/ Credit Cards
SupplyThis Easy Pay Card, subject to the credit limit set by the Bank
The Buyer agrees and accepts that all nuances and modalities relating to making payment using Net/ Debit Cards, Post- Dated Cheques or Corporate Credit Card (“Virtual Payment Mode”) shall be separately governed by arrangement(s) / terms and conditions between You and the relevant banks. We shall not be responsible, in any manner whatsoever, for any liability that may arise in relation to the Virtual Payment Modes (including any fraudulent transaction).
While availing any of the payment method(s) available on the Website, We will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to (a) Lack of authorization for any transactions; (b) Any payment issues arising out of the transaction or (c) Decline of such transaction for any reason.
You understand, accept and agree that the payment facility provided Us, is neither a banking nor financial service but is merely a facilitator providing an automated online electronic payment, collection and remittance facility for the transactions between the Buyer and Supplier on the Website using the existing authorized banking infrastructure and credit card payment gateway networks. Further, by providing a payment facility, We are neither acting as trustees nor acting in any fiduciary capacity with respect to the payments made by the Buyer against the purchase of products on the Website.
The Website reserves the right to refuse, to process any request for Service availed by a User with a prior history of questionable charges including without limitation, breach of any agreements by such User with Us, or breach/violation of any Applicable Law.
Any Service Tax, Sales Tax, VAT or any other applicable taxes shall be borne by the Supplier.
The Supplier shall pay commission as defined in the Seller Agreement on the cost of the transaction, to Us for rendering Our Service through the Website and providing access for the Supplier to a wide user base.
Modification and Cancellation/ Refund and Replacement
Any request for modification or cancellation of purchase/booking shall be communicated by the Buyer to the Website by calling the customer care number +91 90-1945-1945 or e-mailing to firstname.lastname@example.org and shall make such request for any modification/cancellation with respect to the purchases or booking being made within 1 (One) hour of confirming the booking.
The Buyer will be required to pay all additional charges/costs, if any, that are applicable with relation to the modification of orders/purchases requested by the Buyer.
Modification or cancellation will be entertained only once for each order, and such request for modification or cancellation is to be made within 1 (One) hour of the Purchase Order (defined in the Supplier Terms and Conditions) being created.
We shall make best efforts to mediate on any dispute or disagreement between the Buyer(s) and Supplier(s) on account of any product(s) purchased on the Website, where the dispute is related to either-
b) An incorrect brand/ company;
c) Damaged/ defective/ with broken or open seals;
d) Incorrect specification/quantity; or
At the time of delivery of the product(s), the Buyer must physically inspect the delivered product(s) before accepting delivery and/or signing off on the delivery of the product(s). Upon such physical inspection, if the Buyer believes that the delivered product (s) falls within the categories described in Clause 10.4 above, the Buyer shall not accept delivery of the product(s) and raise a dispute by contacting the customer care number +91 90-1945-1945 or e-mailing email@example.com.
We shall entertain such claims/disputes for the purposes of dispute resolution only in the event the Buyer has not accepted delivery of the product(s) and has raised a dispute in accordance with Clause 10.5 above. In the event the Buyer accepts delivery of the product(s) without raising a dispute as mentioned above, we shall have no obligation to resolve or mediate any disputes between the Buyer(s) and Supplier(s), if such dispute occurs at a later date.
In the event the dispute is decided in favour of the Buyer, the Buyer shall be entitled to a refund or replacement of the product or an equivalent product, as applicable. In the event the dispute is decided in favour of the Supplier, the Buyer shall not be entitled to any refund or replacement.
In the event of an approved refund, the said amount will be refunded within a period of 15 (Fifteen) days through electronic payment.
Fraud and Improper Conduct
You may only access the Website and use the Services for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all provisions of Applicable Law pertaining to Your use of the Services. You agree that You will not in any way:
(i) Interfere with the ability of others to access or use the Services;
(ii) Disrupt the normal flow of communication or otherwise act in a manner that adversely affects other Users ability to use the Website or the Services;
(iii) Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services;
(iv) Upload or post or use the Service to transfer, any content or other material that contains or constitutes viruses, Trojan horse or other code with malicious, disruptive and/or destructive features;
(v) You shall not attempt to gain unauthorized access to the account of any other User, or otherwise interfere with any other User’s use of the Service;
(vi) You shall not use any false or misleading information (e.g., false or misleading names, email addresses or URLs) when using the service, including, without limitation, with respect to any identifying information for Your account, and all information that You provide must be accurate and correct, and You must update any changes to such information, so that it remains current.
Limitation and Disclaimer of Warranty
The Website, the Services and each portion thereof are provided "AS IS" without warranties of any kind either express or implied. To the fullest extent possible pursuant to Applicable Law, We disclaim all warranties, express or implied, with respect to the Website, the Services and each portion thereof, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or other violation of rights.
We do not warrant or make any representations regarding the use, validity, accuracy, or reliability of, or the results of the use of, or otherwise with respect to, the Website or its Services.
We shall not be liable for any loss or damages suffered by the Buyer due to any failure on the part of Supplier to supply the product for any reason whatsoever, including but not limited to, partial or total damaged consignment, expired products, incorrect consignment, or other circumstances which may or may not be within the control of the Supplier.
We shall not be liable for any direct, indirect, incidental or consequential damages, whatsoever incurred by the User due to use of the Website’s Services or due to the non- availability of the Website Services.
We shall be entitled to disclose to the Authority, as required by Applicable Law or by any directive or request from any government body, the particulars of the User engaged with the Website.
We shall be entitled to add, to vary or amend any or all these terms and conditions at any time and the User shall be bound by such addition, variation or amendment once such addition, variation or amendment is incorporated into these terms and conditions, and such amended terms and conditions are on the Website.
You undertake to indemnify Us, for any losses or damages resulting from any third party claims or complaints arising from, or in connection with Your actions on the Website, and/or breach of this Agreement.
Governing Law and Dispute Resolution
In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
||: Deepta Rao
||: +91- 8971 879757
||: #270, 3rd Floor, Sachin Towers, Albert Victor Road,
1st Main Road, Chamarajpet, Bangalore, Karnataka, INDIA 560018