Unless otherwise indicated, this web site www.acareindia.com (“ Website”) and its contents are the property of Acare Surgicals Pvt Ltd. ,whose registered office is situated at 7/9 phase, 2, Muthamizh Nagar, Kodungaiyur, Chennai, Tamil Nadu 600118, India. The Website is an online service provided by Acare India, subject to your compliance with the terms and conditions set forth below. Please read this document carefully before accessing or using the Website. By accessing or using the Website, you agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by these terms and conditions, you may not access or use the Website. The Website may modify this contract at any time, and such modifications shall be effective immediately upon posting of the modified contract on the Website. You agree to review the contract periodically to be aware of such modifications and your continued access or use of the Website shall be deemed your conclusive acceptance of the modified contract. All products, services and information displayed on the Website constitute an ‘invitation to offer’. Your order for purchase constitutes your ‘offer’ which offer shall be subject to the terms and conditions as listed here-under. Acare reserves the right to accept or reject your offer. When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us for the purchase of the goods will not be formed until your payment has been approved by us and we have debited your credit or debit card (“ Contract”).The purchase of the products and services on the Website shall be governed by the Contract.All our products are orthopedic appliances, pain relief products and assistive body devices.
Use of the Website is available only to persons who can enter into legally valid contracts in accordance with the provisions of the Indian Contract Act, 1872. If you are a minor i.e. under the age of 18 years, you may use the Website only with the involvement of a parent or guardian.
You understand that, except for information, products or services clearly identified as being supplied by the Website/ Acare, the Website/ Acare does not operate, control or endorse any information, products or services on the Internet in any way. Except for the Website’s identified information, products or services, all information, products and services offered through the site or on the Internet generally are offered by third parties, that are not affiliated with the Acare. You also understand that Acare cannot and does not guarantee or warrant that files available for downloading through the Website will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Website for the reconstruction of any lost data. You assume total responsibility and risk for your use of the Website and the internet. The Website provides the site and related information and quotas and Acare does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or non-infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the service, any merchandise information or service provided through the service or on the internet generally, and Acare shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the service or on the internet generally. Acare does not warrant that the service will be uninterrupted or error-free or that defects in the service will be corrected. You understand further that the pure nature of the internet contains unedited materials some of which are sexually explicit or may be offensive to you. Your access to such materials is at your risk and Acare has no control over and accepts no responsibility whatsoever for such materials.
You agree, understand and confirm that the credit card or debit card details provided by you for availing of services and product(s) on the Website will be correct and accurate and you shall not use a credit card or debit card which is not lawfully owned by you. You further agree and undertake to provide the correct and valid credit card or debit card details to Acare. We hereby undertake that your credit card or debit card information will not be utilized and shared by Acare with any of the third parties unless required for fraud verification or by applicable law. Acare will not be liable for any credit card or debit card fraud. The liability for use of a credit card or debit card fraudulently will be on you and the onus to prove otherwise shall be exclusively on you.
You agree and confirm to the following:
(a) Status of linking policy
(b) Links to this Website
(c) Links from this Website
This Website includes links to other websites owned and operated by third parties. These links are not endorsements or recommendations and are included here for purely informational purposes. Acare has no control over the contents of third party websites, and Acare accepts no responsibility for them or for any loss or damage that may arise from your use of them. Any of the trademarks, service marks, collective marks, design rights, personality rights or similar rights that are mentioned, used or cited in the Website are the property of their respective owners. Their use here does not imply that you may use them for any other purpose other than for the same or a similar informational use Unless otherwise stated Acare sites are neither endorsed nor affiliated
(d) Removal of links
You agree that, should Acare request the deletion of a link to our Website that is within your control, you will delete the link promptly. If you would like Acare to remove a link to your website that is included on this Website, please contact Acare using the contact details below. Note that unless you have a legal right to demand removal, such removal will be at our discretion.
This Contract shall be construed in accordance with the applicable laws of India. Subject to the provisions below, the courts at Mumbai shall have exclusive jurisdiction in any proceeding arising out of this Contract. Any dispute or differences either in interpretation or otherwise of any terms of this Contract between the parties hereto, shall be referred to an independent arbitrator who will be appointed by Acare and its decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The arbitration shall be held in Mumbai. The high court of judicature at Mumbai alone shall have the jurisdiction and the laws of India shall apply.
In no event will Acare be liable for (i) any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the service, or any information, or transactions provided on the service, or downloaded from the service, or any delay of such information or service. even if Acare or its authorized representatives have been advised of the possibility of such damages, or (ii) any claim attributable to errors, omissions, or other inaccuracies in the service and/or materials or information downloaded through the service. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you, in such states Acare ’s liability is limited to the greatest extent permitted by law. Acare makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non- Acare web site, please understand that it is independent from Acare, and that Acare has no control over the content on that web site. In addition, a link to Acare web site does not mean that Acare endorses or accepts any responsibility for the content, or the use, of such web site.
You agree to indemnify and hold harmless Acare, its employees, directors, officers, agents, and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses including attorney’s fees caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to Acare or any third party including but not limited to breach of any warranties, representations, undertakings, or any relation to non-fulfillment of any of your any obligations under this Contract arising out of your violation of any applicable laws, regulations including but not limited to intellectual property rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers, and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this Contract.
Any cause of action or claim you may have with respect to the Service must be commenced within [1] year after the claim or cause of action arises or such claim or cause of action is barred. Failure of Acare to insist upon or enforce strict performance of any provision of this Contract shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Contract. Acare may assign its rights and duties under this Contract to any party at any time without notice to you. If any provision of these terms and conditions is or becomes invalid, unenforceable or non-binding, you shall remain bound by all other provisions hereof. In such event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and you will at least agree to accept a similar effect as the invalid,unenforceable or non-binding provision, given the contents and purpose of these terms and conditions.
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