TERMS OF USE

Background
  • 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 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 SupplyThis.com (“Website”).

  • 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 #270, 1st and 3rd Floor, Sachin Towers, Albert Victor Road, 1st Main Road, Chamarajpet, Bangalore, Karnataka, INDIA 560018.

  • These terms of usage (“Terms of Use”) govern Your use of the Website and Services (as defined below) provided through the Website. By using or visiting the Website, or by using any content or information provided as part of the Website/Services, You shall be deemed to have read, understood and accepted to be bound by these Terms of Use.

  • For the purpose of these Terms of Use, wherever the context so requires "You", “Your” or “Buyer” or “Supplier” or “User” shall mean any natural or legal person who uses the Website for availing the Products and Services, and shall also refer to the sender, consignor or consignee of the Consignment, holder of a Consignment Note, receiver and owner of the contents of the Consignment or any other party having a legal interest in those contents, as the case may be. The term “We”, “Us”, “Our” shall mean the Company, its employees, and authorised agents that perform any services on the Company’s behalf.

  • We reserve the right to make changes to these Terms of Use at any time. Any such modifications will become effective immediately upon posting to the Website and Your continued use of the Website, and/or the Services constitutes Your agreement to such modifications. You agree to periodically review the current version of these Terms of Use as posted on the Website.

  • Any Buyer who uses or accesses the Website represents to be competent to contract or purchase the products; and the Supplier, represents and warrants that they have the authority to bind themselves to the Terms of Use.


  • Services
  • Through our Website, We enable Buyers (as defined below) to purchase medical and office supplies at discounted rates from authorised medical suppliers & distributors subject to Your compliance with and acceptance of these Terms of Use.

  • For the purposes of these Terms of Use,


  • 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").
  • 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 are not responsible for any non-performance or breach of any contract entered into between Buyers and Suppliers. We shall make best efforts to settle disputes or disagreements between the Buyer(s) and Supplier(s) in accordance with Clause 10 of these Terms of Use.
  • 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 Website: We hereby represent and warrant that (a) We are a duly registered private company as under the relevant provisions of the Companies Act 2013; (b) We are in compliance with the Applicable Law to provide Services, subject to these Terms of Use;; and (c) We will comply with the Privacy Policy and ensure data security of the Users at all times.
  • Representations, Warranties and Obligations of the Supplier: The Supplier hereby represents and warrants that (a) They have an exclusive relationship with the Website, the terms of which are specifically outlined in the Seller Agreement; (b)They shall give the best price on the Website; (c) They shall stop all sales and Services to the Buyer through the Website if the Buyer defaults on payments to be made for purchases on the Website; (d) They will share all Buyer leads with the Website; (e) They will raise invoices on the Buyer using the Website; (f) They shall ensure, all the shipments delivered to the Buyer shall have the Website’s branding; and (g) They will adhere to any and all conditions/ obligations as mentioned in the Seller Agreement and in the event of any contradiction/ dispute between the Terms of Use and the Seller Agreement, the Seller Agreement shall prevail.
  • 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


    Copyright
  • 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.

  • Trademarks
  • 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).

  • Links
  • 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.
  • On accessing the Linked Sites, You shall be governed by the terms of use, privacy policy and such other additional policies of the Linked Sites. You further acknowledge and agree that We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, advertising, products, services or other materials available on or through any Linked Sites or for any errors, defamatory content, libel, slander, omissions, falsehoods, obscene content, pornographic material, or any profanity contained therein.

  • Payment Terms
  • The Buyer on placing an order on the Website, will make payment through one of the following available options:

  • Netbanking/ 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.

  • Privacy
  • The Platform collects, stores, processes and uses Your information in accordance with Website’s Privacy Policy. By using the Website and/ or by providing Your information, You consent to the collection and use of the information You disclose on the Website in accordance with Website’s Privacy Policy.

  • 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.
  • If You are dissatisfied or harmed by this Website or anything related with the Website, Your sole remedy shall be to terminate these Terms of Use by unsubscribing on the Website.
  • 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.

  • Indemnification
  • 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.

  • Termination
  • We may terminate these Terms of Use with respect to You, immediately without notice in the event of any breach by You of these Terms of Use or any of our applicable policies, as posted on the Website from time to time or upon a misuse of the Services by you.
  • You agree that upon the termination of these Terms of Use, We may delete all information related to You with respect to the Services availed by you. Further, You will no longer be able to log into the Website.

  • Severability
  • If any part of the Terms of Use are determined to be invalid or unenforceable pursuant to Applicable Laws, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use for Services shall continue in effect.

  • General
  • Unless otherwise specified herein, these Terms of Use for Services and the Privacy Policy (provided on the Website) constitutes the entire agreement between you and the Website, in respect of the Services and supersedes all previous written and oral agreements between You and the Website, if any. Our failure to act with respect to a breach by you or others does not waive Our right to act with respect to subsequent or similar breaches.

  • Governing Law and Dispute Resolution
  • Terms of Use shall be governed by and constructed in accordance with the Applicable Law without reference to conflict of laws principles. The courts in Bangalore, shall have the exclusive jurisdiction to determine any disputes arising in relation to, or under, these Terms of Use.

  • Grievance Officer
  • In accordance with Information Technology Act 2000 and rules made there under, the contact details of the Grievance Officer are provided below:

  • Phone No : +91 90-1945-1945 , +91-9741662323
    E-mail Address : support@supplythis.com
    Postal Address : #270, 3rd Floor, Sachin Towers, Albert Victor Road, 1st Main Road, Chamarajpet, Bangalore, Karnataka, INDIA 560018