This website, www.affordmed.com ("Website") is owned by Afford Medical Technologies Private Limited, a private limited company incorporated under the provisions of the Companies Act, 2013 having its registered office at B230, 2nd Main Road, AFCOS, Sainikpuri, Hyderabad, Telangana, India - 500094 (hereinafter referred to as "Afford Medical" or "Afford Medical Technologies" or "Affordmed" or "Affordmedtech" or "Us" or "We" or "Our")
This document is an electronic record in terms of the Information Technology Act, 2000 (the "IT Act") and the rules made thereunder as applicable and amended, pertaining to electronic records in various statutes as amended by the IT Act. This electronic record is generated by a computer system and does not require any physical or digital signature. 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 www.affordmed.com .
Your use and access of this Website shall be governed by the following terms and conditions ("Terms of Use"). Also, specific terms and conditions may apply to specific content, data, materials, or information contained on or available through this Web Site (the "Content") and to specific content, data, materials, or information you may upload, submit and/or publish to the Web Site ("User Content") or transactions concluded through this Web Site. Such specific terms may be in addition to these Terms of Use or, where and then only to the extent expressly specified, may supersede these Terms of Use.
You affirm that you are of the age of majority within the meaning of Indian Majority Act, 1875 as amended from time to time and aren't a person who is "incompetent to contract" within the meaning of the Indian Contract Act, 1872 as amended from time to time. Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. 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 Site/Website. If you are a minor i.e. under the age of 18 years, you shall not access or use the Website. As a minor if you wish to use or access the website, such use or access may be made by your legal guardian or parents on the Website. We reserve the right to terminate your access to the Website if it is brought to our notice that you are under the age of majority.
By mere access or use of this Website, including the whole or any part of web page(s) located on this Website, layout of this Website, individual element(s) of this website's design, underlying code element(s), text(s), sound(s), graphic(s), animated element(s), video(s), image(s), map(s) you are deemed to accept these Terms of Use, Privacy Policy and all terms and conditions contained or referenced herein or any additional terms and conditions set forth on this Web Site shall constitute your legally binding obligations with us. You further confirm that you are seeking information relating to Afford Medical out of your own free will and volition. If you do NOT agree to all of these terms, you should NOT access or use this Web Site.
These Terms of Use may be amended by us from time to time without prior notice. Such Terms of Use shall be effective immediately upon such amendment. By continuing to access or use the Web Site after such posting, you will be deemed to have accepted such amendments. You are advised to regularly review all applicable terms and conditions.
We reserve the right to discontinue or make changes or updates with respect to the Web Site or the Content of the Web Site at any time without notice. We reserve the right to restrict, refuse or terminate access of any person(s) to the Web Site or any part thereof effective immediately without notice at any time and for any reason whatsoever at our sole discretion.
Personal information provided or collected through or in connection with this Website shall only be used in accordance with our Privacy Policy and these Terms of Use are subject to the Privacy Policy as posted on this Website.
The Website may contain links to websites operated by other parties. Affordmed provides these links to other websites as a convenience, and use or access of these sites is solely at your own risk. The linked sites are not under the control of Affordmed, and Affordmed is not responsible for the content available on such sites. Such links do not imply or constitute Affordmed's endorsement of information or material on any other site. Furthermore, Affordmed disclaims all liability with regard to your access to and use of such linked Websites and the consequences of such access or use. You must review and agree to the terms and conditions of these sites before using these sites.
Maps published on the Website are licensed from the OpenStreetMap Foundation under the Open Data Commons Open Database Licence (ODbL). OpenStreetMap contributors are the copyright holders of the maps. The maps are published on an "as is where is" basis. The boundaries, names shown and the designations used do not necessarily imply the expression of any opinion on the part of Affordmed or its personnel in respect of the legal status of any geographic region, area, frontier, territory, or boundaries.
All Information (including, without limitation, text, images, graphics, maps, videos, links and other materials) on the Website is provided "AS IS" and "AS AVAILABLE". Afford Medical and its Subsidiary(ies), Affiliate(s), Holding Company(ies), Joint Venture(s), Partner(s), Licensor(s), Licensee(s), Supplier(s), Director(s), Employee(s), Contractor(s) both past and present hereby expressly disclaim to the extent permitted by law any representations or warranties of any kind, express or implied, including warranties of merchantability, fitness for any particular purpose, non-infringement, or as to the operation of this Website, the Content or User Content. Neither Afford Medical nor its Subsidiary(ies), Affiliate(s), Holding Company(ies), Joint Venture(s), Partner(s), Licensor(s), Licensee(s), Supplier(s), Director(s), Employee(s), Contractor(s) both past and present warrant or make any representations that
We shall not be liable for consequences of any of your action(s) taken by relying on the material/information provided on this website. This is a public web site. You should have no expectation of confidentiality with respect to any Content you may submit on this Web Site. Do not submit confidential information here. Affordmed has the sole right to shut down the website or any part thereof for any reason at any time without notice or consent. We will have no responsibility or liability for failure to store or delete any Content submitted to the Website.
Afford Medical and its Subsidiary(ies), Affiliate(s), Holding Company(ies), Joint Venture(s), Partner(s), Licensor(s), Licensee(s), Supplier(s), Director(s), Employee(s), Contractor(s) both past and present shall have no liability for any direct, indirect, incidental, special, punitive, exemplary or consequential damages of any kind including but not limited to loss of profits, business interruption and/or loss of information or data whatsoever resulting from any
The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. Any material downloaded or otherwise obtained through the use of this Web Site is done at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. We recommend without any endorsement of specific brands, the use of a reputed antivirus software or other appropriate tools that may enhance your system's defence against cyber security threats or risks. You shall be solely responsible to avail of suitable cyber risk insurance (and/or) such aforementioned software/tools at your own cost.
The Website does not facilitate the purchase or advertise or showcase any Pharmaceutical or Medicinal Product(s). We do not distribute, sell, trade, stock, exhibit or offer for sale any drugs or medicinal preparations. Furthermore, we do not endorse, recommend or advise the use of any medicinal product, drugs, etc. Please consult a registered medical practitioner for advice. Affordmed does not solicit, advertise, sell, trade or transact in any form or manner that may be construed as a sale of a medicine, pharmaceutical products, drug, medical device, implant and the like with any person(s) acting in their individual capacity. At various time intervals, any of the products or items detailed on this Website may be subject to proceedings or action by regulators either within India or abroad as applicable. Afford Medical has not verified the validity, efficacy, approvals, performance or legal status, authorisation, licensing of these products.
You hereby undertake and agree to indemnify and hold harmless Afford Medical and its Subsidiary(ies), Affiliate(s), Holding Company(ies), Joint Venture(s), Partner(s), Licensor(s), Licensee(s), Supplier(s), Director(s), Employee(s), Contractor(s) both past and present from and against any and all claims, causes of action, damages, obligations, losses, liabilities, fees (including reasonable attorneys fees), claims costs, damages, debt, demands, recoveries, fines, penalties and expenses of any kind or nature (including but not limited to legal and accounting fees, any third party claims) which we may incur or suffer arising from:
This defence and indemnification obligation will survive these Terms of Use and Your use of the Website.
You agree, undertake and confirm that your use of the Website shall be strictly governed by the following:
Any User who publishes or transmits or causes to be published in the electronic form, any material which includes obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter, etc. shall be treated under the provisions of the IT Act and as per the provisions of Indian Penal Code and any and all other appropriate statutes as may be applicable. Despite this prohibition, information provided by other Users may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and Afford Medical assumes no responsibility or liability for this material.
Afford Medical may limit your activity, immediately remove your information, warn other Users of your actions, immediately temporarily/indefinitely suspend or terminate or block your registration and/or refuse to provide you with access to the Website in the event, but not limited to:
Notwithstanding the foregoing, if you breach the Terms of Use or Privacy Policy or other rules and policies, Afford Medical reserves the right to recover any amounts due and owing by you to us and to take strict legal action including but not limited to a referral to the appropriate police, law enforcement or other government authorities, regulators for initiating criminal or other proceedings against you.
Except as expressly provided in these Terms of Use, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without Afford Medical's express prior written consent.
You may use information made available on the Website for downloading, provided that you
You shall be responsible for any notes, messages, e-mails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Website (collectively, "Content"). You hereby grant to Affordmed, its subsidiaries, affiliates, brand licensees and other partners a worldwide, irrevocable, perpetual, royalty free, sub-licensable and transferable licence to use, reproduce, prepare derivative works of, distribute, publicly perform, publicly display, transmit and publish such content. You are not entitled to any payment or other compensation for such use. You acknowledge that any submitting of any inventions embodied in any content provided by you shall constitute a "publication" of such invention under applicable patent laws. You acknowledge that any content submitted and/or discussed on the website may be the subject of patents, copyrights, trademarks and other intellectual property rights of Affordmed, its subsidiaries, affiliates, brand licensees, other partners or third parties. If you consider exploiting any ideas, proposals, suggestions, or solutions or other content submitted to the website, you are responsible to undertake appropriate intellectual property clearance before engaging in any exploitative conduct.
The Website merely serves as a source of information of products and services offered by Afford Medical and no part of this Website may be construed or interpreted as an offer for sale, solicitation, advertisement, etc. The Website does not collect any payment for any service or product offering. Afford Medical may contact you in connection with any query that you may raise pertaining to Afford Medical's offerings based on the contact information that you voluntarily provide to us through the Website. You may contact the authorised representative(s) of Afford Medical or use the Contact Us feature of this website for any queries. Any sale of goods or services as a result of such communications shall be based on the terms and conditions mutually agreed between you and Afford Medical and will not be construed as an online/e-commerce business transaction.
Intellectual Property Rights (hereinafter “IP Rights”) for the purpose of this Terms of Use shall always mean and include copyrights whether registered or not, patents including rights of filing patents, trademarks, trade names, trade dresses, house marks, collective marks, associate marks and the right to register them, designs both industrial and layout, geographical indicators, moral rights, broadcasting rights, displaying rights, distribution rights, selling rights, abridged rights, translating rights, reproducing rights, performing rights, communicating rights, adapting rights, circulating rights, protected rights, joint rights, reciprocating rights, infringement rights. All those Intellectual Property Rights arising as a result of domain names, internet or any other right available under applicable law shall vest in the domain of Afford Medical as the owner of such domain name. You agree and confirm that no part of any Intellectual Property Rights mentioned hereinabove is transferred in your name and any Intellectual Property Rights arising as a result of these presents shall also be in the absolute ownership, possession and Our control or control of its licensors, as the case may be.
The Website at various times may display information pertaining to products along with their branding that may be registered or unregistered trademarks or copyrights of third parties within India or abroad. Unless where Afford Medical has entered into any contract with aforementioned third parties, Afford Medical disclaims any ownership or authorisation for use of these IP rights. The aforementioned information merely details the set of products - new, old or refurbished including references to those registered, unregistered trademarks of third parties. Such information does not imply or construe any affiliation with or endorsement by the aforementioned third parties of Afford Medical or vice versa. Afford Medical has not verified the current authorised owner of these brands and such information may not be up to date and accurate to reflect any transfer of IP rights, mergers, acquisitions, etc.
You hereby authorise us to use the information provided by you in the Contact Us form to send communication to you by way of SMS, e-mail, telephonic call and any other mode from Affordmed relating to Affordmed's offerings, services, products or your query. You expressly agree to receive such communication and your consent supersedes any opt-out preferences you may have set in relation to the Telecom Regulatory Authority of India's National Do Not Call (and Do Not Disturb) registry as per the Telecom Commercial Communications Customer Preference Regulations, 2018.
The Website and its code includes software components of third parties. Any software made available for downloading from or through this Web Site is licensed subject to the terms of applicable licence agreement. Except as set forth in the applicable licence agreement, the software is made available for use by end users only and any further copying, reproduction or redistribution of the software is expressly prohibited. We hereby expressly disclaim any and all further representations and warranties of any kind, express or implied, including warranties of merchantability, fitness for any particular purpose or non-infringement with respect to the software. The legal notices/software licences applicable for aforementioned third party software are as follows:
This agreement shall be governed by and construed in accordance with the laws of the Republic of India. In the event that state laws govern any provisions of this agreement, the laws of Telangana shall solely apply in extension to central laws. Any difference or dispute or claim or cause of action arising out of or in relation to or in connection with these Terms of Use or your access or use of the Website, including any disputes relating to the existence or validating of these Terms of Use, which is not resolved amicably, shall be resolved by arbitration under and in accordance with the Indian Arbitration and Conciliation Act, 1996 as amended from time to time. The arbitration proceedings shall be held via electronic/virtual media utilising suitable digital aids. In the event that an in-person arbitration is deemed necessary by the arbitrators so appointed, the venue shall be Hyderabad. Appropriate Courts situated at Secunderabad/Hyderabad shall have exclusive jurisdiction in the event of any dispute arising out of this agreement, which is not resolved amicably or through the arbitration process.
If a court of competent jurisdiction holds any provision of these Terms of Use to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced by a valid, enforceable provision that closely matches the intent of the original provision. Any such ruling shall not impair any other provision that remains intelligible and all other provisions shall continue in effect.
The failure of Affordmed to exercise any right or enforce any provision provided in the Terms of Use shall not constitute a waiver of any of Affordmed's rights under these Terms of Use, whether for past or future actions on the part of any person(s). Neither the receipt of any funds by Affordmed nor the reliance of any person on Affordmed's actions shall be deemed to constitute a waiver of any part of these Terms of Use. Only a specific, written waiver signed by an authorised representative of Affordmed shall have any legal effect whatsoever.
“Force Majeure” shall mean any occurrences beyond the control of the concerned parties, including but not limited to acts of god, government authorities, courts, legislative bodies, terrorism, hurricanes, tsunami, earthquake, landslide, epidemic, plague, fire, flood, explosion, earthquake, war, rebellion, arson, insurrection, sabotage, theft, etc. We will not be held responsible for any delay or failure to comply with any obligations if and to the extent caused by Force Majeure. Our delay or failure to comply with any provisions of the Terms of Use shall in no way amount or construe a default in our obligations under the Terms of Use.
We may assign our rights, benefits, duties and obligations under the Terms of Use either in whole or in part to any third party without prior notice or consent. The Terms of Use shall survive such assignment subject to any subsequent amendments or modifications introduced by the assignee. You may not assign or transfer or delegate any or all of your rights, benefits, duties and obligations under the Terms of Use either in whole or in part to any third party, except with the prior written consent of Affordmed. Any attempted assignment or delegation without such consent will be void and actionable.
The Headings of the sections of the Terms of Use and any type of distinct formatting such as bold, capitalisation, italics, or the like are inserted for reference purposes and convenience only and shall in no way affect, define, limit, construe or describe the scope or extent or the meaning or interpretation of such section.