Terms & Condition
This Terms of Use (the “Agreement”) governs your use of this website, www.capturemeditech.com (the “Website”), Capture Meditech Pvt Ltd or Capture Meditech offer of products for purchase of products available on this Website. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. Capture Meditech Pvt Ltd reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. Capture Meditech Pvt Ltd will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. Capture Meditech Pvt Ltd encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing the use of the Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with [Capture Meditech Pvt Ltd] for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website. If you would like to print this Agreement, please click the print button on your browser toolbar.
These Terms and various other policies are binding as per the provisions of the Information Technology (Intermediaries guidelines) Rules, 2011 formulated under the Information Technology Act, 2000.
In these Terms, references to “you”, “User” shall mean the end user accessing the Website, its contents and using the Services and Products offered through the Website. “Service Providers” mean independent third party service providers, and “Capture Meditech Pvt Ltd”, “we”, “us” and “our” shall mean Capture Meditech Pvt Ltd (“Company”) and its affiliates.
Introduction:
www.capturemeditech.com (“Website”) is an Internet-based content portal licensed by Capture Meditech Pvt Ltd, a Private Limited Company registered under the Companies Act.
Capture Meditech Pvt Ltd, is primarily focused on manufacturing wound care device called SAC NPWT and is used by the clinics/hospitals.
Membership Eligibility:
Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. The User shall also comply with all the applicable laws (including without limitation) Foreign Exchange Management Act, 1999 and the rules made and notifications issued thereunder as may be issued by Reserve Bank of India from time to time, Information Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, the rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”) and the Drugs and Cosmetics Act, 1940 and rules made thereunder. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Capture Meditech Pvt Ltd website and shall not transact on or use the Website. Capture Meditech Pvt Ltd reserves the right to terminate your membership and/or refuse to provide you with access to the Website if it is brought to Capture Meditech Pvt Ltd notice or if it is discovered that you are under the age of 18 years.
The products listed on website are highly technical in nature and are to be used by registered medical practitioners only. Capture Meditech Pvt Ltd verifies the credentials of every Buyer (hereinafter defined) before a new order gets shipped. To verify your credentials you are required to supply us with documentary proof establishing that you are a retail or wholesale entity. And, in cases where the credentials may not be established clearly, Capture Meditech Pvt Ltd reserves the right to cancel the order and refund any payments which may have been made against the order. For the purposes of these Terms, “Buyer” shall mean registered medical practitioners, retailers, and medical institutions.
User Account, Password, and Security:
In consideration of your use of the Website, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Website (“Registration Details”); (b) maintain and promptly update the Registration Details, and any other information you provide to Company, to keep it accurate, current and complete. You will receive a password and account designation upon completing the Website’s registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Capture Meditech Pvt Ltd of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session.
Communications
When you use the Website or send emails or other data, information or communication to us, you agree and understand that you are communicating with us through electronic records and you consent to receive communications via electronic records from us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise. You further agree to receive transactional SMSs and emails from us, with updates about your transactions.
Services Offered:
Capture Meditech Pvt Ltd provides a number of Internet-based services through the Website (all such services, collectively, the “Service(s)”). One such service enables Buyer to purchase Medical Equipments manufactured by them (collectively, “Products”). The Products can be purchased through the Website through various methods of payments offered. The sale/purchase of Products shall be additionally governed by specific policies of sale, like cancellation policy, shipping policy, etc., and all of which are incorporated here by reference. In addition, these terms and policies may be further supplemented by Product specific conditions, which may be displayed on the webpage of that Product.
Proprietary Rights: Capture Meditech Pvt Ltd has proprietary rights and trade secrets in the Products. You may not copy, reproduce, resell or redistribute any Product manufactured and/or distributed by Capture Meditech Pvt Ltd. Capture Meditech Pvt Ltd also has rights to all trademarks and trade dress and specific layouts of this webpage, including calls to action, text placement, images, and other information.
Taxes: If you purchase any Products, you will be responsible for paying any applicable taxes at the time of purchase.
Limited User:
Use of Website; Capture Meditech Pvt Ltd is not responsible for any damages resulting from the use of this website by anyone. You will not use the Website for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the Website by other users, (3) not resell material on the Website, (4) not engage, directly or indirectly, in transmission of “spam”, chain letters, junk mail or any other type of unsolicited communication, and (5) not defame, harass, abuse, or disrupt other users of the Website
License. By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your normal, non-commercial, use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from Capture Meditech Pvt Ltd or the applicable third party (if the third-party content is at issue).
Posting. By posting, storing, or transmitting any content on the Website, you hereby grant Capture Meditech Pvt Ltd a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. Capture Meditech Pvt Ltd does not have the ability to control the nature of the user-generated content offered through the Website. You are solely responsible for your interactions with other users of the Website and any content you post. Capture Meditech Pvt Ltd is not liable for any damage or harm resulting from any posts by or interactions between users. Capture Meditech Pvt Ltd reserves the right but has no obligation, to monitor interactions between and among users of the Website and to remove any content Capture Meditech Pvt Ltd deems objectionable, in Capture Meditech Pvt Ltd sole discretion.
User Conduct and Rules:
The Website and its Services may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes, and regulations. You will not register under a false name. You will not impersonate any other participant or use another participant’s password(s). Any such fraudulent conduct may be reported to law enforcement, and Capture Meditech Pvt Ltd will cooperate to ensure that violators are prosecuted to the fullest extent of the law.
User Warranty and Representation:
The User guarantees, warrants, and certifies that the User is the owner of the content which the User submits or is otherwise authorized to use the content and that the content does not infringe upon the property rights, intellectual property rights or other rights of others. The User further warrants that to your knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any content, including trademark, trade name, service mark, and copyright formerly or currently used by the User in connection with the Services rendered or Products sold by Capture Meditech Pvt Ltd.
Exactness Not Guaranteed:
Capture Meditech Pvt Ltd hereby disclaims any guarantees of exactness of the final Product as ordered by the Buyer. All images of Products are purely for illustration only. Capture Meditech Pvt Ltd does not accept responsibility for any difference between the image on the Website and the actual appearance of the Product. The quality of any Product, Service, information, or other material purchased or obtained by you through the Website may not meet your expectations. Capture Meditech Pvt Ltd does not provide or make any representation, warranty or guaranty, express or implied about the Services or Products. Capture Meditech Pvt Ltd does not make any representation or warranty as to specifics (such as quality, value, sale ability, etc.) of the Products proposed to be sold or offered to be sold or purchased on the Website. Capture Meditech Pvt Ltd does not implicitly or explicitly support or endorse the sale or purchase of any Products or Services on the Website. You are advised to independently verify the bona fides of any particular Product(s) that you choose to buy or transact with on the Website and use your best judgment in that behalf. You shall check and confirm the color/model/version and any other such particulars of the Products before placing the order. Capture Meditech Pvt Ltd accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
Alterations to certain aspects of your order may be required due to limitations caused by the availability of Products. In this instance, you agree that Capture Meditech Pvt Ltd will send an approval request via the email address, which you submitted when placing your order. If you do not agree with the requested change, you retain the right to reject the requested change by replying to it within 10 days of it being sent to you. If you reject this request, your order will be canceled and your payments made, if any, will be fully refunded. Capture Meditech Pvt Ltd will be liable to replace the Products. Capture Meditech Pvt Ltd and the Buyer acknowledge that the Products purchased/used are a subject matter of original warranties. Any or all claims in relation to returns and replacement shall be made to Capture Meditech Pvt Ltd only. The Buyer acknowledges that the Products once sold will not be exchanged or taken back in case the same is not handled properly.
Intellectual Property Rights:
All content on the Website and available through the Service, including but not limited to designs, text, graphics, pictures, video, information, applications, software, music, sound, and other files, and their selection and arrangement (the “Site Content”), are the proprietary property of the Company, its users or its licensors with all rights reserved. Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Capture Meditech Pvt Ltd owns all Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website without obtaining authorization from Capture Meditech Pvt Ltd. Capture Meditech Pvt Ltd shall not be liable for any claim against any such logo or intellectual property rights of any third party in relation to the brands of the Products listed on the Website and any such infringing content may be removed by Capture Meditech Pvt Ltd at its sole discretion.
Notwithstanding the foregoing, it is expressly clarified that you will retain ownership and shall solely be responsible for any content that you provide or upload when using any Service or transacting through the Website, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of our various Services or transacting through the Website.
Links To Third Party Sites: The Website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Capture Meditech Pvt Ltd or the Website and Capture Meditech Pvt Ltd is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Capture Meditech Pvt Ltd is not responsible for any form of transmission, whatsoever, received by you from any Linked Site. Capture Meditech Pvt Ltd is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Capture Meditech Pvt Ltd or the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof. The Users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
Disclaimer of Warranties/Limitation Of Liability: Capture Meditech Pvt Ltd has endeavored to ensure that all the information on the Website is correct, but Capture Meditech Pvt Ltd neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, Product or Service. In no event shall Capture Meditech Pvt Ltd be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the Services or Products; (b) unauthorized access to or alteration of the user’s transmissions or data; (c) any other matter relating to the Services or Products; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website or Service or any claim arising out of or in connection to the Products sold on the Website. Neither shall Capture Meditech Pvt Ltd be responsible for any claims arising out of the use of the Website, whether based on contract, tort, negligence, strict liability or otherwise. Further, Capture Meditech Pvt Ltd shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond Capture Meditech Pvt Ltd’s control. The User understands and agrees that any material and/or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.
Some jurisdictions do not allow the exclusion of the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. To the maximum extent permitted by applicable law, our total liability to you for any damages (regardless of the foundation for the action) shall not exceed in the aggregate the amount actually paid by you to us in relation to any Product or Service.
You understand and agree that the Service and the Products provided are on an “AS IS” and “AS AVAILABLE” basis and that Capture Meditech Pvt Ltd does not assume any responsibility for prompt or proper delivery or retention of any User information or communications between Users. Capture Meditech Pvt Ltd assumes no responsibility for the accuracy or existence of any communications between Users. Capture Meditech Pvt Ltd expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Capture Meditech Pvt Ltd makes no warranty that (i) the Services or the Products purchased will meet your requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from use of the Service will be accurate or reliable, (iv) the quality of any Products, Services, information, or other material purchased or obtained by you through the Service will meet your expectations, and (v) any errors in the software will be corrected. No advice or information, whether oral or written, obtained by you from Capture Meditech Pvt Ltd or through its website shall create any warranty not expressly stated in these Terms.
Indemnification:
You will release, indemnify, defend and hold harmless Capture Meditech Pvt Ltd , and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys’ fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Website content or your use of the Website content; (3) the Products or your use of the Products (including Trial Products); (4) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to Capture Meditech Pvt Ltd. When Capture Meditech Pvt Ltd is threatened with suit or sued by a third party, Capture Meditech Pvt Ltd may seek written assurances from you concerning your promise to indemnify Capture Meditech Pvt Ltd; your failure to provide such assurances may be considered by Capture Meditech Pvt Ltd to be a material breach of this Agreement. Capture Meditech Pvt Ltd will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content or Products, with counsel of Capture Meditech Pvt Ltd choice at its expense. Capture Meditech Pvt Ltd will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend Capture Meditech Pvt Ltd against any claim, but you must receive Capture Meditech Pvt Ltd prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Products. You agree to indemnify, defend and hold harmless Capture Meditech Pvt Ltd from and against any and all losses, liabilities, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Capture Meditech Pvt Ltd that arise out of, or result from, or may be payable by virtue of, any third party claims in relation to the Products sold on the Website.
Ordering: Orders by Buyers and/or Users are subject to acceptance by Capture Meditech Pvt Ltd as per the availability of the Product. Placement of an order by the Buyer and/or the User will constitute acceptance of terms and conditions listed on Website by the customer. No terms and conditions appearing in the order that is in variance with or contrary to these terms and conditions shall be binding upon Capture Meditech Pvt Ltd unless specifically agreed to in writing signed by Capture Meditech Pvt Ltd.
General:
Capture Meditech Pvt Ltd will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, the act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.
Cessation of Operation: Capture Meditech Pvt Ltd may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products.
Entire Agreement: This Agreement comprises the entire agreement between you and Capture Meditech Pvt Ltd and supersedes any prior agreements pertaining to the subject matter contained herein.
Effect of Waiver: The failure of Capture Meditech Pvt Ltd to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
Domestic Use: Capture Meditech Pvt Ltd makes no representation that the Website or Products are appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.
Assignment: You may not assign your rights and obligations under this Agreement to anyone. Capture Meditech Pvt Ltd may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.
*** Actual product may vary from the product images on the website.
Termination:
a) Capture Meditech Pvt Ltd may suspend or terminate your use of the Website or any Service if it believes, in its sole and absolute discretion that you have breached, violated, abused, or unethically manipulated or exploited any term of these Terms or any way otherwise acted unethically. b) Notwithstanding Section (a) above, these Terms will survive indefinitely unless and until Capture Meditech Pvt Ltd chooses to terminate them. c) If you or Capture Meditech Pvt Ltd terminates your use of the Website or any Service, Capture Meditech Pvt Ltd may delete any content or other materials relating to your use of the Service and Capture Meditech Pvt Ltd will have no liability to you or any third party for doing so.
d) You shall be liable to pay for any Service or Product that you have already ordered till the time of Termination by either party whatsoever.
Governing Law:
These Terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at Telangana.
A statute of Limitation. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Products or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. Waiver of Class Action Rights. By entering into this agreement, you hereby irrevocably waive any right you may have to join claims with those of other in the form of a class action or similar procedural device. any claims arising out of, relating to, or connection with this agreement must be asserted individually.
Severability: If any provision of the Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms shall continue to be in full force and effect.
Report Abuse: As per these Terms, Users are solely responsible for every material or content uploaded on to the Website. Users can be held legally liable for their contents and may be held legally accountable if their contents or material include, for example, defamatory comments or material protected by copyright, trademark, etc. If you come across any abuse or violation of these Terms, please report to info@capturemeditech.com