Before you may use the Site, you must read and accept all of the terms and conditions in and linked to, this Terms of Service (“Terms of Service” or "TOS") and the linked Privacy Policy (which shall form a part of this TOS). These Terms of Service come into effect on registration with www.smartmedicalbuyer.com which is owned by Allumer Medical Pvt. Ltd (AMPL). By placing an order for the first time you agree to be bound by these Terms of Service. If this TOS conflicts with any other document, the TOS will prevail for the purposes of usage of the Site. Certain portions of the Site may only be used by you if you are an AMPL registered buyer or seller. If you do not agree to be bound by this TOS and the Privacy Policy, you may not use the Site in any way

The terms “buyer”, “you”, “user” and “customer” have been used interchangeably in the foregoing paragraphs to refer to a user of www.smartmedicalbuyer.com. Similarly, the terms “Website”, “AMPL” and “www.smartmedicalbuyer.com” are used to connote the online portal of www.smartmedicalbuyer.com and the words “product”, “goods” and “merchandise” have been used to refer to merchandise/goods/products showcased on the Website.

Note: All products/services and information displayed on www.smartmedicalbuyer.com constitute an "invitation to offer". Your order for purchase constitutes your "offer" which shall be subject to the TOS as listed below. www.smartmedicalbuyer.com reserves the right to accept or reject your offer. Our acceptance of your order will take place upon dispatch of the product(s) ordered. No act or omission of the Website prior to the actual dispatch of the product (s) ordered will constitute acceptance of your offer.

1. Description of Services
In the Site, AMPL provides users with access to sales of medical consumables and hospital supplies online (the "Service"). Members may be notified about updates in relation to Products via Email and/or SMS on their registered Email id and Phone number.

2. License and Site Access
AMPL grants you a limited license to access and make use of the Site and the Service. This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the Site and the framing of any content available through the Site uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material 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; any action that imposes or may impose (in AMPL’s sole discretion) an unreasonable or disproportionately large load on AMPL’s infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by AMPL to prevent or restrict access to the Site. Any unauthorized use by you shall terminate the permission or license granted to you by AMPL.

3. Membership Eligibility
The www.smartmedicalbuyer.com Service is not available to minors under the age of 18 or to any users suspended or removed from the system by AMPL for any reason. Additionally, users are prohibited from selling, trading, or otherwise transferring your www.smartmedicalbuyer.com account to another party. If you do not qualify, you may not use the www.smartmedicalbuyer.com Service or the Site.

You as a buyer will have to submit certain documents and wait for document verification before completion of the registration processes and having access to view product listings and do transactions.

4. Your Account
In consideration of your use of the Site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws as applicable in India. You also agree to provide true, accurate, current and complete information about yourself as prompted by the Site's registration form. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or AMPL has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, AMPL has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

If you use the Site, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Because of this, we strongly recommend that you exit from your account at the end of each session. You agree to notify AMPL immediately of any unauthorized use of your account or any other breach of security. AMPL reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.

5. Pricing Information
AMPL in collaboration with their Suppliers strive to provide you with the best prices possible on products you buy from AMPL. AMPL does not however guarantee that the price will be the lowest in the city, region or geography. Prices and availability are subject to change without notice.

The modes of payment available at any given time shall be as indicated on the Website and the forgoing clauses shall be accordingly applicable.

While AMPL shall make every endeavour to provide accurate pricing information, please note that AMPL gives no guarantee on the accuracy of its pricing information as typographical or other errors may occur. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, AMPL may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. In the event that AMPL accepts your order the same shall be processed in accordance with the mode of payment chosen by you. Reversal/refunds of amounts paid by you in the event of cancellation shall be as described in Clause 6 below.

6. Cancellation by AMPL
Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being cancelled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our payment gateway’s credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled:
  1. after your credit card has been charged, the said amount will be reversed back to your credit card account;
  2. after a NEFT / RTGS transfer has been made then the said amount will be reversed back to your bank account;
  3. after the purchase but before delivery in the case of payment by cash on delivery, then AMPL will refrain from processing the concerned purchase further, and the concerned product will not be delivered to you.
In any of the above cases, after due verification from AMPL’s end if required:
  1. If payment has been made by credit card / debit card through the designated payment gateway, then the refund amount will be reversed back to your credit card / bank account within 15 days of receipt of the returned goods. Sometimes financial organizations take a longer time to process the refund request.
  2. If payment has been made by a NEFT / RTGS transfer has been made then the refund amount will be reversed back to your bank account within 15 days of receipt of the returned goods;
  3. If payment has been made by Cash on Delivery method then the refund amount will be transferred to your bank account (as per bank account details provided by you) within 15 days of receipt of the returned goods;
7. Cancellations by the Customer
We will not be able to cancel orders that have already been processed. AMPL has full discretion in deciding whether an order has been processed or not. The customer agrees not to dispute the decision made by AMPL and accept AMPL's decision regarding the cancellation.

8. Fraudulent /Declined Transactions
AMPL has the right to constantly monitor user accounts in order to avoid fraudulent accounts and transactions. AMPL reserves the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful acts or omissions in breach of these Terms of Service. In the event of detection of any fraudulent transaction, prior to initiation of legal action, AMPL reserves the right to immediately delete such account and dishonour all past and pending orders without any liability. For the purpose of this clause, AMPL shall owe no liability in respect of any purported refunds due.

9. Credit Card Details
You agree, understand and confirm that the credit card details provided by you to the payment gateway for availing of services on AMPL will be correct and accurate and you shall not use the credit card which is not lawfully owned by you. That is, in a credit card transaction, you shall use your own credit card. You further agree and undertake to provide the correct and valid credit card details to the payment gateway. Further the said information will not be utilized and shared by AMPL with any of the third parties unless required for fraud verifications or if required by law, regulation or court order. AMPL will not be liable for any credit card fraud. The liability for use of a card fraudulently will be on you and the onus to 'prove otherwise' shall be exclusively on you.

10. Submitted Content
AMPL does not claim ownership of any materials Sellers make available through the Site, but reserves the right to integrate such materials or its modification in its provision of services. At AMPL’s sole discretion, such materials may be included in the Service in whole or in part or in a modified form.

11. Disclaimer of Warranty
All content, products, and services on the site, or obtained from a website to which the site is linked (a "linked site") are provided to you "as is" without warranty of any kind either express or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy.

AMPL does not endorse and is not responsible for (a) the accuracy or reliability of any opinion, advice or statement made through the site by any party other than AMPL, (b) any content provided on linked sites or (c) the capabilities or reliability of any product or service obtained from a linked site.

Other than as required under applicable consumer protection law, under no circumstance will AMPL be liable for any loss or damage caused by a user's reliance on information obtained through the site or a linked site, or user's reliance on any product or service obtained from a linked site. It is the responsibility of the user to evaluate the accuracy, completeness or usefulness of any opinion, advice or other content available through the site, or obtained from a linked site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other content.

AMPL shall not be responsible or liable in any manner if any Product is not used in the indicated manner and as such shall not be responsible for any clinical outcomes related to Products purchased from our Website.

12. Limitation of Liability
AMPL will not be liable for defective Products unless a claim is notified by you on our Website within 48 hours of delivery in accordance with Clause 20 hereunder. AMPL will not be liable in any way for loss, damage, costs or expenses (including loss of profit) arising directly or indirectly from any failure or delay in performing any obligation under these Terms of Service by reason of any event or circumstance outside the reasonable control of AMPL, including but not limited to, any strikes, industrial action, failure of power supplies or equipment, government action or Act of God.

You expressly understand and agree that AMPL and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if AMPL has been advised of the possibility of such damages), resulting from use of the site, sale and supply of goods content or any related services.

This limitation of liability section shall prevail over any conflicting or inconsistent provision contained in any of the documents comprising this Agreement.

13. Indemnity
You agree to indemnify and hold AMPL (and its officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, including reasonable attorneys’ fees, or arising out of or related to your breach of this TOS, or your violation of any law or the rights of a third party.

14. Electronic Communication
When you use the Site or send emails to AMPL, you are communicating with AMPL electronically. You consent to receive communications from AMPL electronically. AMPL will communicate with you by email, SMS or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

15. Links
The Site or third parties may provide links to other World Wide Web sites or resources. Because AMPL has no control over such sites and resources, you acknowledge and agree that AMPL is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that AMPL 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 use of or reliance on any such content, goods or services available on or through any such site or resource.

16. Access to Password Protected/Secure Areas
Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.

17. Modifications and Notification of Changes
AMPL reserves the right to make changes to the Site, related policies and agreements, this TOS and the Privacy Policy at any time. If AMPL makes a material modification to this TOS, it will notify you by displaying a prominent announcement above the text of this TOS or the Privacy Policy, as appropriate, for thirty (30) days. You agree that this shall be deemed sufficient notification, of such changes. If you choose to continue using the Site thereafter, you agree that by doing so you will be deemed to accept the new TOS or Privacy Policy, as relevant.

18. Trademarks
The trademarks, logos and service marks ("Marks") displayed on the Site are the property of AMPL and other respective persons. Users are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of AMPL or such third party which may own the Marks. All information and content including any software programs available on or through the Site ("Content") is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes.

19. Billing
The price of our merchandise is inclusive of the VAT. The VAT charged shall depend upon location of the respective Seller from which a product is purchased and product category. The tax rate applied to the order will be the combined tax rate for both state and local tax rates in accordance with the address where the order is being shipped. AMPL reserves the right to collect taxes for shipping charges wherever applicable.

20. Returns and Refunds
Products once sold can be returned for a refund if they meet our terms and conditions. To return an item, the customer must notify us through our Website and a prompt response is assured to such notifications. Once the Product return / complaint request has been raised by you, AMPL shall initiate a process to vet the request and then have the items picked up from you by AMPL’s logistics partners.

The option to return will be allowed to you at the sole discretion of AMPL, and such requests may only be considered in the following cases:
  1. Products were received in a damaged condition;
  2. The Products were received in packaging that had already been opened;
  3. Due to a Product complaint after verification by AMPL;
  4. When Product is received with remaining expiry period of less than 6 months from date of dispatch or in the event that only 50% or less of shelf life is remaining from date of receipt whichever is lesser;
  5. Incorrect order processing, where you have placed an order for one item code but a different item code was dispatched by AMPL;
  6. Shipment of short quantity;
  7. When the time period since order confirmation exceeds 30 days – the order is automatically cancelled and a refund is initiated;
  8. The customer is required to initiate a return request with 7 days of receipt of the product;
  9. When an order has been confirmed and not yet been shipped, the customer can cancel the order from the order tracking mechanism.
In any of the above cases, after due verification from AMPL’s end if required:
  1. If payment has been made by credit card / debit card through the designated payment gateway, then the refund amount will be reversed back to your credit card / bank account within 15 days of receipt of the returned goods. Sometimes financial organizations take a longer time to process the refund request.
  2. If payment has been made by a NEFT / RTGS transfer has been made then the refund amount will be reversed back to your bank account within 15 days of receipt of the returned goods;
  3. If payment has been made by Cash on Delivery method then the refund amount will be transferred to your bank account (as per bank account details provided by you) within 15 days of receipt of the returned goods;
No exchanges of Products shall be allowed. In case of a return under the terms set out above or a Product complaint, AMPL shall be initiating a refund and if the customer needs a replacement then a fresh order shall have to be placed on the Website.

22. Shipping and Delivery
AMPL endeavours but does not guarantee to deliver the products to customers within 10 business days from the date of placing your order depending upon the shipping location. Factors such as delay in delivery through the courier partner, transporters’ strike etc. may also affect delivery timelines. AMPL will not be liable for any loss or expenses sustained by the Buyer arising from any delay in the delivery of the Products howsoever caused.

AMPL reserves the right to make delivery of the Products by instalments. If the Products are to be delivered in instalments, each delivery will constitute a separate contract. You may not treat the contract (as a whole) as repudiated if AMPL fails to deliver any one or more of the instalments or if you have a claim in respect of any one or more of the instalments.

If you fail to take delivery of the Products, AMPL may at its discretion charge you for the additional shipping cost.

23. Survival of Terms after Agreement Ends
Notwithstanding any other provisions of this TOS, or any general legal principles to the contrary, any provision of this TOS that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this TOS.

24. General
If any of these conditions are deemed invalid, void, or for any reason unenforceable, the parties agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. AMPL may, from time to time, offer special promotional offers which may or may not apply to your AMPL account. To avail of such promotional offers, you agree to be bound by any additional terms and conditions for these special offers which are laid down by AMPL, and which will be made available for your perusal at the relevant time.

This TOS and the relationship between you and AMPL will be governed by the laws as applicable in India. Any disputes will be handled in the competent courts of Delhi, India. The failure of AMPL to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. AMPL does not guarantee it will take action against all breaches of this TOS. Except as otherwise, expressly provided in this TOS, there shall be no third-party beneficiaries to this TOS. This TOS along with the Privacy Policy constitutes the entire agreement between you and AMPL and governs your use of the Site, superseding any prior agreements between you and AMPL with respect to the Site.