Terms & Conditions
User(s) represent and warrant that they have the right to access or use the Platform. 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 access and use the Platform. The Platform can be accessed and used by those individuals or business entities, including sole proprietorship firms, companies and partnerships, which can form legally binding contracts under Indian Contract Act, 1872 as Suppliers. Only individuals who are eighteen (18) years of age or older may use the cloud application and avail Services as Consumers. The Company reserves the right to terminate the Users account and / or deny access to the Platform if it is brought to the Company’s notice or if it is discovered that the User does not meet the conditions herein.
The Company does not permit Users to access and view the contents of the cloud application without registration on the cloud application. Users may access the cloud application by registering to create an account and become a member. The membership is limited for the purpose of buying or selling services, is subject to these Terms, and strictly not transferable. The Users agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. The Users are required to enter a valid phone number while registering on the Company’s Platforms. By registering their phone numbers with the Company, the Users consent to be contacted by the Company via phone calls, SMS notifications or instant messages, in case of verifications and in case of subscription/service/promotional updates. The Users may opt of subscription/service/promotional updates.
Upon registration, the Users may be required to complete a verification process as part of setting up their accounts. Once set up, the Users are responsible for maintaining the confidentiality of their account information, and are fully responsible for all activities that occur through their accounts. Should there be instances of any unauthorized use of their accounts or any other breach of security, the Users are required to notify the Company to stop processing requests from their accounts, until further instructions. It is the responsibility of the Users to provide correct mobile number and email address so that the Company can communicate with the Users via SMS or email. The Users understand and agree that if the Company sends an SMS or email but the Users do not receive it because the Users’ mobile number or email address is incorrect or out of date or blocked by the Users; service provider, or the Users are otherwise unable to receive SMS or email, the Company shall be deemed to have provided the communication to the Users effectively.
The Company reserves the right to change, modify, amend, or update these Terms and/ or the Agreement from time to time and such amended provisions of these Terms and/ or the Agreement shall be effective immediately upon being posted on the Platform. If the Users do not agree with such provisions, the Users must stop using the Platform with immediate effect. The Users’ continued use of the Platform will be deemed to signify their acceptance of the amended provisions of these Terms and/ or the Agreement.
The cloud application allows Users to place orders for the services sold by various Suppliers and the Company will, subject to the terms and conditions set out herein, facilitate the placement of orders for the services to the Users. The Company does not own, sell, resell services on its own and/or does not control the Suppliers. The Company reserves the right to delist any product from the cloud application. The Users understand that any order that they place shall be subject to the terms and conditions set out in these Terms, and any terms and conditions imposed by the Suppliers concerned. On receipt of an order from a User, the Company shall send electronically a confirmation of such order to the Supplier and the User concerned. Further, the Company may inform the Users about the availability or unavailability or change in price of the order as informed by the Supplier concerned. Confirmation of the order shall be treated as final. All commercial/contractual terms are offered by and agreed to between Suppliers and the Users alone. The commercial/contractual terms include without limitation, price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to services, etc. The Company does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Suppliers and the Users. All discounts and offers are by the Suppliers and not by the Company.
The Company is not responsible for any inaccuracy, incompleteness or outdated information made available on the cloud application, either provided by the Users or the Suppliers. The material on the cloud application is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. The Users agree that the Company does not own any responsibility or obligation whatsoever towards either ensuring the accuracy of the information provided by the Users. Any reliance on the material on the cloud application is at the Users’ own risk. The cloud application may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. The Company reserves the right to modify the contents of the cloud application at any time, but has no obligation to update any information on the cloud application. The Users agree that it is their responsibility to monitor changes to the cloud application. Occasionally there may be information on the cloud application that contains typographical errors, inaccuracies or omissions that may relate to information pertaining to the services, pricing, promotions, offers, shipping charges, transit times and availability. The Company reserves the right to correct any errors, inaccuracies or omissions, and to change or update information if any information on the cloud application is inaccurate at any time without prior notice. The Company undertakes no obligation to update, amend or clarify information in the cloud application, including without limitation, pricing information, except as required by law. No specified update or refresh date applied to the cloud application, should be taken to indicate that all information on the cloud application or pertaining to the Services have been modified or updated.
The Company endeavours to make the cloud application available during the Company’s working hours. However, the Company does not represent that access to the cloud application will be uninterrupted, timely, error free, free of viruses or other harmful components or that such defects will be corrected. The Company does not warrant that the cloud application will be compatible with all hardware and software which is used by the Users. The Company shall not be liable for damage to, or viruses or other code that may affect, any equipment, software, data or other property as a result of downloading and installing the cloud application. The Company does not represent or warrant that the information available on the cloud application will be correct, accurate or otherwise reliable. The Suppliers take sole responsibility for the correctness of the details pertaining to specifics (such as quality, value, saleability, etc) of the services proposed to be sold or offered to be sold or purchased on the cloud application. The Company does not implicitly or explicitly support or endorse the sale or purchase of any services nor provide any warrantee/guarantee of the services sold to the Users, and in no event shall such services be the responsibility of the Company. The Company is not responsible for any non-performance or breach of any contract entered into between the Suppliers and the Users. The Company cannot and does not guarantee that the concerned Suppliers will perform any transaction concluded on the cloud application. The Company shall not and is not required to mediate or resolve any dispute or disagreement between the Users concerned. The Company does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc) of any of its Users. The Company does not at any point of time during any transaction between any Supplier and a User take possession of any of the services offered nor does it at any point gain title to or have any rights or claims over such services. At no time shall the Company hold any right, title or interest over the services nor shall the Company have any obligations or liabilities in respect of such contract entered into between the Users. The Company is not responsible for damages or delays as a result of services which are out of stock, unavailable or back ordered.
The Company only provides a Platform for communication and it is agreed that the contract for sale of any of the services shall be a strictly bipartite contract between the Suppliers and the Users concerned. The Company shall not be liable for any misuse of the information shared by the Users with it; or through the Users profile; or with a third party on the Platform, chat rooms, forums, or comments. The cloud application may be under constant upgrades, and some functions and features may not be fully operational. The cloud application is provided on an “as is” and “as available” basis. The Company expressly disclaims all warranties of any kind, whether express or implied with respect to the records and other data that is made available by it to the Users. The Company makes no representation or warranty that: (i) the cloud application will be accurate or reliable; (ii) the cloud application will be uninterrupted, timely, secure, or error-free; (iii) any information that may be obtained from the use of the cloud application will be accurate, timely or complete; or (iv) any errors in any software used on the site or in connection with the cloud application will be corrected. The Company does not represent any of the Users or Suppliers, and disclaims any liability with respect to any error or inconsistency with respect to any information relating to such Suppliers or Users displayed on the site. Any information provided with respect to the Users and fees payable is subject to change without notice. Any trademark, word mark or intellectual property of any Users or Suppliers belongs to such Users/Suppliers alone, and the Company has no right or claim over the same. Users acknowledge and agree that the Company is not an arbitrator or judge of disputes concerning intellectual property and it cannot, by any means, verify that any Supplier selling or supplying merchandise on the Platform have the right to sell the services. The Company encourages Users to assist it in identifying listings on the Platform, which, according to the Users’ knowledge or belief infringe their rights or third party rights. The Users further acknowledge and agree that by taking down a listing, the Company does not and cannot be deemed to be endorsing a claim of infringement and further in those instances in which the Company declines to take down a listing, the Company does not and cannot be deemed to be endorsing that the listing is not infringing of third party rights or endorsing any sale or supply of merchandise or services pursuant to or on account of such listing.
The Company reserves the right in its sole discretion to remove any material/content/photos/offers displayed on the Platform which in the Company’s reasonable belief is unlawful or could subject the Company to liability or is in violation of these Terms or is otherwise found inappropriate in the Company’s opinion. The Company reserves the right to cooperate with any investigation in this regard. The Company reserves the right to suspend or terminate the account of a User as deemed appropriate by it. Users agree that the Company shall have no liability to any Users, including liability in respect of consequential or any other damages, in the event the Company takes any of the actions mentioned in this clause. The Company is not responsible and will have no liability for: (i) any content or services provided by any persons or entities other than the Company; (ii) damages of any kind that result from the downloading of any data or any other materials on the site or through the cloud application; or (iii) the failures of the internet or any data or telecommunications equipment, system or network used in connection with the cloud application.
The Company shall not be liable for: any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation any financial losses, loss of data, replacement costs, or any similar damages, whether based in contract, tort, strict liability or otherwise, arising from the use of the cloud application, or for any other claim related in any way to the use of the cloud application, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the cloud application or any content posted, transmitted, or otherwise made available via the cloud application, even if advised of their possibility. The Company or its employees, affiliates, authors or agents shall not be liable to any party for any losses or injury arising out of or relating to the information provided on the cloud application. In no event will the Company or its employees, affiliates, authors or agents be liable to the Users or any third party for any decision made or action taken by the Users. Interlia, the Company does not guarantee that: (a) The Platform will meet the Users’ expectations; or (b) The Platform will be accessible without interruption or in a timely, reliable, or fault-free manner; or (c) The results obtained through use of the Platform will be correct and reliable; or (d) The quality of the services, services, information, or other material purchased or obtained by the User through the Platform will meet the User’s expectations. The Users shall be solely responsible for damages to their data system or for loss of data arising from download of content from the cloud application. No guidance or information, written or oral, obtained from the Company or via the Platform, shall constitute any warranty, unless stated otherwise.
By accessing the Platform using a mobile telecommunication device, the Users represent that to the extent they import any of their data to their mobile telecommunication device theu have authority to share the transferred data with their mobile carrier or other access provider. The Users agree to promptly update their account information in the event of change or deactivation of their mobile account to ensure that the messages intended for them are not sent to another person. Failure to do so is the sole responsibility of the Users. The Users acknowledge that they are responsible for all charges and necessary permissions related to accessing the Platform through their mobile access provider. The Company urges the Users to check with their providers to find out if the Platform is available on their mobile devices.
Certain content or services available via the cloud application may include materials from third-parties. Third-party links on the cloud application may direct the Users to third-party websites that are not affiliated with the Company. The Company is not responsible for examining or evaluating the content or accuracy and does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, services, or services of third-parties. The Company is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure to understand them before engaging in any transactions. Complaints, claims, concerns, or questions regarding third-party services should be directed to the third-party.
The Company may provide you with access to third-party tools over which Company neither monitors nor has any control nor input. The Users acknowledge and agree that access to such tools is on an “as is” and “as available” basis, without any warranties, representations or conditions of any kind and without any endorsement. The Company shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by the Users of the optional tools offered through the cloud application is entirely at their own risk and discretion and it is the responsibility of the Users that they ensure that they are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). The Company may also, in the future, offer new features through the cloud application (including, the release of new tools and resources). Such new features shall also be subject to these Terms of Service.
The Users understand that the Platform and software embodied within the Platform may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by the Company or other parties that facilitate the same. The Users agree that they will not attempt to override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded in the Platform.
The Company is either the owner of intellectual property rights or has the non-exclusive, worldwide, perpetual, irrevocable, royalty free, sub-licensable (through multiple tiers) right to exercise the intellectual property, on the cloud application, and on the material published on it in cases where it may be so construed. The Users acknowledge that the copyright in the information shared with the Company by the Suppliers or other content providers may vest in such persons and not in the Company unless otherwise stated. “RedMed” and related icons and logos whether registered or unregistered are the trademarks of the Company and are protected under applicable copyright, trademark and other proprietary and intellectual property laws. Users’ unauthorized adoption copying, modification, use or publication of these marks is strictly prohibited. All Content including Information (defined below) is copyrighted to the Company excluding any third-party content including without limitation, content shared by Suppliers and any links to any third-party websites being made available or contained on the Platform. Users may not use any trademark, service mark or logo of any independent third parties without prior written approval from such parties. The Users must not modify the paper or digital copies of any materials printed or downloaded in any way, and they must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. The Users must not use any part of the materials on the cloud application for commercial purposes without obtaining a licence to do so from the Company. All rights, not otherwise claimed under these Terms by the Company are hereby reserved.
Any information or advertisements contained on, distributed through, or linked, downloaded or accessed from the Platform or any offer displayed on the Platform (“Information”) is intended, solely to provide general information for the personal use of the Users, who fully accept any and all responsibility and liabilities arising from and out of the use of such Information. The Company does not represent, warrant or endorse in any manner the accuracy or reliability of such Information, or the quality of any services and/or services obtained by the Users as a result of any such Information. The Information is provided “as is” with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of the Information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. Nothing contained in these Terms shall to any extent substitute for the independent investigations and the sound technical and business judgment of the Users. In no event shall the Company be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the User(s) use of such services.
The Company urges the users to beware of fake offers and fraudulent callers/messengers who may impersonate themselves as representatives of the Company. The Company’s authorised representatives will never contact the Users to demand money for prizes or ask for password/PIN/CVV. In the event you are asked for confidential details by anyone posing as the Company’s representatives, please ask them to communicate with you through email and only respond to emails from redmed.in domain.
FORCE MAJEURE: The Company shall not be liable for any damages whatsoever arising out of force majeure or other similar circumstances, directly or indirectly affecting the Company and/or the Platform. Examples of force majeure events include without limitation real or potential labour disputes, governmental actions, war or threat of war, sabotage, civil unrest, demonstrations, fire, storm, flooding, explosion, earthquake, provisions or limitations of materials or resources, inability to obtain the relevant authorization, accident, and defect in electricity or telecommunication network. Force majeure or other events beyond the Company’s control. Hindrance, delay or complication in the maintenance of the Platform entitles the Company to suspend or limit the Platform until further notice.
The Users shall indemnify, defend, and hold harmless the Company and its subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs, and expenses (including legal and statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Company that arise out of, result from, or in connection with: (a) the User’s breach of these Terms; (b) any claims made by any third party due to, or arising out of, or in connection with User’s use of Platform; (c) the User’s violation of any rights of another, including intellectual property rights; and (d) the User’s violation of any applicable laws. Notwithstanding anything to the contrary in these Terms, in no event shall the Company and its affiliates, if any, be liable to the User or anyone claiming through the User in respect of any subject matter of these Terms under contract, negligence, strict liability or other legal or equitable theory for any special, incidental, indirect, consequential, exemplary or punitive damages, loss of goodwill, loss of revenue, loss of opportunity, loss of anticipated profits, whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not the Company has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty or negligence or any other claim arising out of or in connection with the use of or access of the cloud application.
In the event any provision of these Terms, Policies or the is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
These Terms are effective unless and until terminated by either the Company or the Users. The Users may terminate these Terms of Service at any time by notifying the Company that they no longer wish to use the cloud application or the Services, or when they cease using the cloud application. If in the Company’s sole judgment the Users fail, or it is suspected or discovered that the Users have failed to comply with any term or provision of these Terms, the Company may also terminate their access to the cloud application, or cease the provision of the services at any time without notice and the Users will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny the Users access to the cloud application or the services (or any part thereof).
These Terms, Policies, Privacy Policies and any policies or operating rules posted by the Company on the cloud application constitute the entire agreement and understanding between the Users and the Company with respect to the cloud application, and supersede any prior or contemporaneous agreements, communications and proposals, whether oral or written, between the Users and the Company (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms shall not be construed against the Company.
The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Governing Law And Dispute Resolution: These Terms are governed by the laws of India. Any action, suit, or other legal proceeding, which is commenced to resolve any matter arising under or relating to this cloud application, shall be subject to the jurisdiction of the courts at Bangalore, India.
Questions about the Terms should be sent to us at firstname.lastname@example.org or email@example.com.
Policies related to returns/ exchanges, penalties, refunds, cancellation will be updated in the cloud application from time to time. The Company holds the right to change these policies as required in the cloud application without any permission from the Users.
All notices or demands to or upon the Company shall in writing and shall be deemed to be duly made when sent to the registered address at: 1302 Amogh Amethyst, 32/16 Third Cross, BEML Layout, Basaveshwaranagar, Bangalore 560079. All notices or demands to or upon a User(s) shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User(s) on the Platform, or by posting such notice or demand on an area of the Platform that is publicly accessible. Notice to a User(s) shall be deemed to be received by such User(s) if and when the Platform is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User(s), or immediately upon Platform’s posting such notice on an area of the Platform that is publicly accessible.
Headings for any section of these Terms are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. The Company shall have the right to assign its obligations and duties in these Terms to any person or entity. All calls to the Company are completely confidential. However, the Users’ calls may be recorded to ensure quality of service. Further, for training purposes and to ensure excellent customer service, calls from the Company may be monitored and recorded.