1. This agreement captures the Terms and Conditions of Use ("Agreement"), applicable to Your use of www.bisiworld.com, which promotes business between suppliers and buyers of pharmaceutical products, implants, surgical devices, consumables globally.
3. By using this Website or by placing any purchase orders using the Website, You agree to be abide by the terms and conditions set forth herein. Only upon the acceptance of terms contained herein, including the applicable policies which are incorporated herein by way of reference, You will be entitled to access the services of the platform. Any violation of the terms will result in termination of Your account.
Website - Merely A Platform
4. The Website www.bisiworld.com acts as an on-line platform to facilitate interaction between the User(s) for entering into negotiations for sale or supply of pharmaceutical products, implants, surgical devices, consumable goods. We are neither parties to any negotiations that take place between the Users of the Website nor parties to any agreements including an agreement for sale or supply of goods or otherwise,concluded between the User(s) of the Website.
5. BISI International does not exercise any control whatsoever and is not liable in respect of or responsible for the quality, safety, genuineness, lawfulness or availability of the products offered for sale on the Website or the ability of the User(s) selling or supplying the goods to complete a sale or the ability of User(s) purchasing goods to complete a purchase. This agreement shall not be deemed to create any partnership, joint venture, or any other joint business relationship between BISI International and any other party.
6. This Agreement applies to any person who accesses or uses our platform for any purpose. It also applies to any legal entity which may be represented by any person who accesses or uses the Website, under actual or apparent authority. User(s) may use this Website solely for their commercial/business purposes.
7. This Agreement applies to all services offered on the Website and by BISI International, collectively with any additional terms and conditions that may be applicable in respect of any specific service availed of, used or accessed by User(s) on the Website. In the event of any conflict or inconsistency between any provision of this Agreement and any additional specific terms and conditions applicable in respect of any service offered on the Website, such additional specific terms and conditions applicable in respect of that service shall prevail over the terms of this Agreement.
Amendment to the User(s) Agreement
9. The transactions via the Platform are 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 but not limited to un-discharged insolvents, minor etc. are not eligible to use our Platform. Furthermore, the users are prohibited from selling, trading, or otherwise transferring Your account to another party. If You do not qualify, You may not use the services or the Website.
10. If You register as a business entity on Our platform, You represent that You are duly authorized by the business entity and any other concerned third party to accept the Terms and Conditions of Usage contained in this Agreement and You have the authority to bind the business entity to this Agreement and that BISI International is not liable for any unauthorized activities undertaken by You using Our platform.
11. You agree and acknowledge that while BISI will, at its sole discretion, undertake a verification of all the Users registering and signing up on the platform such verification shall be based solely on the information provided by such User(s) (which can be verified online through publicly available records in India) and BISI shall not be liable for the verification or the accuracy of information thereof either to You or to any other third party. You are advised to implement Your own diligence and discretion while selling or purchasing the Products. BISI expressly disclaims all liability in this regard. You further acknowledge that BISI will not be responsible for the validity or accuracy of the business details, business name, VAT/CST/GST registration details (if provided by the Business Customer), etc., provided by any User/ Business Customer.
12. In order to become a registered User(s) of the Website, a proper procedure has been made available on the Website which is for the convenience of User(s) so that they can easily use the platform.
13. User(s) can become registered User(s) by filling an on-line registration form on the Website by providing the required information (including name, contact information, details of User(s) business, etc.). BISI International will establish an account for the User(s) upon successful registration and will assign a User ID and password for log-in access to the User(s)’s Account. BISI International may at its sole discretion assign to User(s) upon registration a web-based email or messaging account (“Email Account”) with limited storage space to send or receive emails or messages. Users will be responsible for the content of all the messages communicated through the account.
14. User(s) registering on our Website on behalf of the business entities represent and warrant that: a) they have the requisite authority to bind upon such business entity this Agreement; b) the address provided by such User(s) at the time of registration is the principal place of business of such business entity; and c) all other information provided to BISI International during the registration process is true, accurate, current and complete. For purposes of this provision, a branch orrepresentative office of a User(s) will not be considered a separate entity and theprincipal place of business of the User(s) will be deemed to be that of its head office.
15. User(s) agree that by registering on the Website, they consent to the inclusion of their personal data in BISI International’s on-line database and authorize Us to share such information with other User(s). BISI International may refuse registration and deny the membership and associated User ID and Password to any User(s) for whatever reason. BISI International may suspend or terminate a registered membership at any time without any prior notification in interest of BISI International or general interest of its User(s) without assigning any reason thereof and there shall arise no further liability on BISI International of whatsoever nature due to the suspension or termination of the User account. User(s) registered on the Website are in no manner a part of or affiliated to BISI International in any manner whatsoever.
Your Account and registration obligation
17. Your mobile phone number and/or e-mail address is treated as Your primary identifier on the Platform. It is Your responsibility to ensure that Your mobile phone number and Your email address is up to date on the Platform at all times. You agree to notify us promptly if Your mobile phone number or e-mail address changes by updating the same on the Platform through onetime password (“OTP”) verification.
18. You agree that the Website shall not be liable or responsible for the activities or consequences of use or misuse of any information that occurs under/using Your Account in cases, including, where You have failed to update Your revised mobile phone number and/or e-mail address on the Website Platform.
19. If You share or allow others to have access to Your account on the Platform (“Account”), You shall be solely liable and responsible for all the activities undertaken under/ using Your Account, and any consequences arising therefrom.
Platform for Transaction and Communication
21. The Website is an online platform that User(s) utilize to independently meet and interact with one another for their transactions. BISI International is not and cannot be a party to any transaction or dispute between users on the Platform. Consequently, it shall follow that:
i. All commercial/contractual terms are offered by You and agreed upon between Users alone. The commercial/contractual terms include (without limitation) price, shipping costs, payment methods and terms, date, period, and mode of delivery, and warranties and after-sales services related to products and services. BISI International does not determine advice, have any control, or in any way involve itself in the offering or acceptance of such commercial/contractual terms between sellers and buyers.
ii. BISI International does not make any representations or warranties regarding specifics (such as quality, value, and salebility) of the products proposed to be sold, offered to be sold or purchased on the Platform. BISI International does not implicitly or explicitly support or endorse the sale or purchase of any products and services on the Platform. BISI International accepts no liability for any errors or omissions of third parties in relation to the products and services.
iii. BISI International is not responsible for any non-performance or breach of any contract/ agreement/ understanding in whatever form stated, between seller and buyers. BISI International cannot and does not guarantee that sellers and buyers concerned will perform transaction(s) concluded on the Platform. BISI International shall not and is not required to mediate or resolve disputes or disagreements between the seller and buyers.
22. BISI International does not make any representations or warranties regarding item- specifics (such as legal title, creditworthiness, identity, etc.) of any of its users. User(s) are cautioned that there may be risks of dealing with foreign nationals or people acting under false pretences on the Website. Website uses several tools and techniques to verify the accuracy and authenticity of the information provided by User(s). BISI International however, cannot and does not confirm each or any User(s)’s purported identity on the Website. We encourage User(s) to evaluate the User(s) with whom they would like to deal with/ enter into any understanding/ agreements and use the common prudence while dealing with them.
23. BISI International does not at any point in time during a transaction between seller and a buyer on the Platform come into or take possession of any of the products or services offered by seller, gain title to or have any rights or claims over the products or services offered by seller to the buyer.
24. At no time shall BISI International hold any right/title to or interest in the items nor have any obligations or liabilities with respect to such a contract. BISI International is not responsible for unsatisfactory or delayed performance of services, damages, or delays as a result of items which are out of stock, unavailable, or back-ordered. User(s) agree to fully assume the risks of any transactions "Transaction Risks" conducted on the basis of any content, information or any other material provided on the Website and further assume the risks of any liability or harm of any kind arising due to or caused in connection with any subsequent activity relating to any products or services that are the subject of any such transaction. Such Transaction risks may include, but are not limited to, the following :
a) misrepresentation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective or dangerous products, unlawful products, delay or default in delivery or payment, cost miscalculations, breach of warranty, breach of contract and transportation accidents.
b) the risks that the manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Website may violate or may be asserted to violate Third Party Rights, and the risk that that User(s) may incur costs of defense or other costs in connection with third parties assertion of Third Party Rights, or in connection with any claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants.
c) the risks that the purchasers, end-users of products or others claiming to have suffered injuries or harms relating to product originally obtained by User(s) of the Website as a result of purchase and sale transactions in connection with using any content, information or any other material provided on the Website may suffer harms and/or assert claims arising from their use of such products.
25. The User(s) therefore agree that, BISI International shall not be liable or responsible for any damages, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may occur/arise as a result of or in connection with any Transaction Risks. User(s) are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of any content, information or any other material provided on the Website, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage. In the event of a dispute with any party to a transaction, User(s) agrees to release and indemnify BISI International (and Our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction.
26. The Platform is only a platform that can be utilized by seller to reach a larger customer base to sell items. BISI International only provides a platform for communication and it is agreed that the contract for sale of any pharmaceutical products, implants, surgical devices, consumables products shall be a strictly bipartite contract between seller and the buyer.
27. The sellers and the buyers release and indemnify BISI International and/or any of its officers/ associates/ affiliates and/or representatives from any cost, damage, liability or other consequence of any of the actions of the users on the Platform and specifically waive any claims that You may have in this behalf under any applicable law.
28. Notwithstanding its reasonable efforts in that behalf, BISI International cannot control the information provided by other users which is made available on the Platform. You may find other user's information to be inaccurate or deceptive. Please use caution and practice safe trading when using the Platform. Please note that there may be risks in dealing with underage persons or people acting under false pretence.
Links to Third Party Websites
29. Links to third party sites are provided on Website as a convenience to User(s). User(s) acknowledge and agree that BISI International does not have any control over the content of such websites and/ or any information, resources or materials provided therein.
30. BISI International may allow User(s) access to content, products offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) to the websites offered by such third parties "Third Party Websites". BISI International advises its User(s) to read the terms and conditions of use and/or privacy policies applicable in respect of such Third Party Websites prior to using or accessing such Third Party Websites. Users acknowledge and agree that BISI International has no control over any content offered on Third Party Websites, does not monitor such Third Party
Websites, and shall in no manner be deemed to be liable or responsible to any person for such Third Party Sites, or any content, products or services made available thereof.
32. While every attempt has been made to ascertain the authenticity of the content available on the platform, We are not liable for any kind of damages, losses or action arising directly or indirectly, due to access and/or use of the content in the Platforms including but not limited to decisions based on the content in the Platforms which results in any loss of data, revenue, profits, property, infection by viruses etc.
Contents posted on Webs Site
33. All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, information and material (collectively, "Content"), is a third party user generated content and BISI International has no control over such third party user generated content as BISI International is merely an intermediary for the purposes of facilitating the interactions between the Users.
35. You may use information on the products and services purposely made available on the Platform for downloading, provided that You:
i. do not remove any proprietary notice language in all copies of such documents;
ii. use such information only for Your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media;
iii. make no modifications to any such information, and
iv. do not make any additional representations or warranties relating to such documents.
36. User(s) understand and agree that BISI International in such case is not the author of the content and that neither BISI International nor any of its affiliates, directors, officers or employees have entered into any arrangement including any agreement of sale or agency with such third parties by virtue of the display of such content on the Website. User(s) further understand and agree BISI International is not responsible for the accuracy, propriety, lawfulness or truthfulness of any third party content made available on the Website and shall not be liable to any User(s) in connection with any damage suffered by the User(s) on account of the User(s)’s reliance on such content. BISI International shall not be liable for a User(s) activities on the Website, and shall not be liable to any person in connection with any damage suffered by any person as a result of any User's conduct.
37. User(s) agree that they will not use BISI International Content and/or BISI International’s Services to send junk mail, chain letters or spamming. Further, registered User(s) of the Website agree that they will not use the Email Account to publish, distribute, transmit or circulate any unsolicited advertising or promotional information. User(s) further hereby represent, warrant and agree that any content, material or information submitted to BISI International for display on the Website or transmitted or sought to be transmitted through BISI International’s Services does not and shall at no point:
Contain fraudulent information or make fraudulent offers of items or involve the sale or attempted sale of counterfeit or stolen items or items whose sales and/or marketing is prohibited by applicable law, or otherwise promote other illegal activities; Belong to another person and to which User(s) do not have any right to; Be part of a scheme to defraud other User(s) of the Website or for any other unlawful purpose; Be intended to deceive or mislead the addressee about the origin of such messages or to communicate any information which is grossly offensive or menacing in nature; Relate to sale of products or services that infringe or otherwise abet or encourage the infringement or violation of any third party's copyright, patent, trademarks, trade secret or other proprietary right or rights of publicity or privacy, or any other Third Party Rights; Violate any applicable law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); Be defamatory, abusive libellous, unlawfully threatening, unlawfully harassing, grossly harmful, indecent, seditious, blasphemous, pedophilic, hateful, racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, leading to breach of confidence, or otherwise unlawful or objectionable in any manner whatever; Be vulgar, obscene or contain or infer any pornography or sex-related merchandising or any other content or otherwise promotes sexually explicit materials or is otherwise harmful to minors; Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; Contain any material that constitutes unauthorized advertising or harassment (including but not limited to spamming), invades anyone's privacy or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law or regulation;
Solicit business from any User(s) in connection with a commercial activity that competes with BISI International; Threaten the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation. Contain any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information or that are designed to interrupt, destroy or limit the functionality of any computer resource; Link directly or indirectly to or include descriptions of goods or services that are prohibited under the prevailing law; or Otherwise create any liability for BISI International or its affiliates.
39. User(s) understand and agree that the Website acts as a content integrator and is not responsible for the information provided by User(s) displayed on the Website. BISI International does not have any role in developing the content displayed on the Website.
BISI International has the right to promote any content including text, images, videos, brochures etc. provided by User(s) on various platforms owned by the company.
Use of the Platform
40. You agree and understand that BISI International and the Platform merely provide hosting services to its registered users and persons browsing/visiting the Platform. All items advertised / listed and the contents therein are advertised and listed by registered users and are third party user generated contents. BISI International shall bear no responsibility or liability in relation to or arising out of third party user generated content. BISI International neither originates nor initiates the transmission nor selects the sender and receiver of the transmission nor selects nor modifies the information contained in the transmission. BISI International is merely an intermediary and does not interfere in the transaction between buyers and sellers.
41. As a registered seller, You must be legally able to sell the item(s) You bid for sale on our Platform and must have all the necessary licenses and permits required for such sale. User(s) involved in the purchase and supply of any pharmaceutical products, implants surgical devices, consumable products or any other product of such nature hereby agree to abide by and be compliant of any applicable laws, rules, regulations, notifications or orders issued by the Government of India or any of its agencies from time to time in this regard including but not limited to Drugs and Cosmetics Act, 1940, Drugs and Cosmetics Rules, 1945 (Drug Rules) and The Drug and Magic Remedies (Objectionable Advertisements) Act, 1954.
42. BISI International shall not be responsible for any information, content or material in respect of or related to any pharmaceutical products, implants, surgical devices, consumable product or any other product of such nature posted, provided or displayed by User(s) on the Website. Accordingly, the User posting the content shall ensure that the content so posted does not violate any statue in the rules made thereunder including the
Act(s) as referred above, so that no consequences of any nature could be attributed to BISI International in any manner whatsoever.
Intellectual Property Rights
44. This site is controlled and operated by BISI International and products are sold by respective Sellers. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other Platform or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and
other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.
45. All rights, not otherwise claimed under this Agreement by BISI International, are hereby reserved. Any information or advertisements contained on, distributed through, or linked, downloaded or accessed from any of the services contained on the Website or any offer displayed on or in connection with any service offered on the Website ("Website Information" is intended, solely to provide general information for the personal use of the User(s), who fully accept any and all responsibility and liabilities arising from and out of the use of such Information. BISI International does not represent, warrant or endorse in any manner the accuracy or reliability of Website Information, or the quality of any products and/or services obtained by the User(s) as a result of any Website Information.
46. 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 the Agreement shall to any extent substitute for the independent investigations and the sound technical and business judgment of the User(s). In no event shall BISI International be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to BISI International’s Services. User(s) hereby acknowledge that any reliance upon the Information shall be at their sole risk and further understand and acknowledge that the Information has been compiled from publicly aired and published sources. BISI International respects the rights of such entities and cannot be deemed to be infringing on the respective copyrights or businesses of such entities. BISI International reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the Information.
Trademark , Copyright and Restrictions
47. "BISI International" and related icons and logos are registered trademarks or trademarks of BISI International in various jurisdictions and are protected under applicable copyright, trademark and other proprietary and intellectual property rights laws. Any unauthorized adoption copying, modification, use or publication of these marks is strictly prohibited.
48. User(s) acknowledge and agree that Bisi International is not an arbiter or judge of disputes concerning intellectual property rights and as such cannot verify that User(s) selling or supplying products through the Website have the right to sell their products offered by such User(s). BISI International encourages User(s) to assist BISI International in identifying listings on the Website which in the User(s) knowledge or belief infringe their rights. User(s) further acknowledge and agree by taking down a listing, BISI International does not and cannot be deemed to be endorsing a claim of infringement and further that in those instances in which BISI International declines to take down a listing, BISI International 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.
49. BISI International respects the intellectual property rights of others, and we expect our User(s) to do the same. User(s) agree to not copy, download or reproduce the Website Content, Information or any other material, text, images, video clips, directories, files, databases or listings available on or through the Website ("BISI International Content") for the purpose of re- selling or re-distributing, mass mailing (via email, wireless text messages, physical mail or otherwise) operating a business competing with BISI International, or otherwise commercially exploiting the BISI International Content unless otherwise agreed between the parties. Systematic retrieval of BISI International Content to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from BISI International is prohibited.
50. In addition, use of the BISI International Content for any purpose not expressly permitted in this Agreement is prohibited and entitles BISI International to initiate appropriate legal action. User(s) agree that as a condition of their access to and use of BISI International's Services, they will not use BISI International’s Services to infringe the intellectual property rights of any third parties in any way. BISI International reserves the right to terminate the right of any User(s) to access or use BISI International’s Services for any infringement of the rights of third parties in conjunction with use of the BISI International’s Service, or in the event BISI International is of the believes that User(s) conduct is prejudicial to the interests of BISI International, its affiliates, or other User(s), or for any other reason, at BISI International’s sole discretion, with or without cause.
Termination of registration/ License to use website
51. Most content and some of the features on the Website are made available to User(s) free of charge. However, BISI International reserves the right to terminate access to certain areas or features of the Website (to paying or registered User(s)) at any time without assigning any reason and with or without notice to such User(s).
52. BISI International also reserves the universal right to deny access to particular User(s) to any or all of its services or content without any prior notice or explanation in order to protect the interests of BISI International and/ or other User(s) of the Website.
53. BISI International further reserves the right to limit, deny or create different access to the Website and its features with respect to different User(s), or to change any or all of the features of the Website or introduce new features without any prior notice to User(s).
54. BISI International reserves the right to terminate the membership/subscription of any User(s) temporarily or permanently for any of the following reasons: a) If any false information in connection with their account registered with BISI International is provided by such User(s), or if such User(s) are engaged in fraudulent or illegal activities/transactions b) If such User(s) breaches any provisions of the Agreement. c) If such User(s) utilizes the Website to send spam messages or repeatedly publish the same product informationd) If such User(s) posts any material that is not related to international trade or business cooperation. e) If such User(s) impersonates or unlawfully uses another person’s or business entity’s name to post information or conduct business in any manner. f) If such User(s) is involved in unauthorized access, use, modification, or control of the Website database, network or related services. g) If such User(s) obtains by any means another registered User(s) Username and/or Password. Or any other User(s) activity that may not be in accordance with the ethics and honest business practices.
55. If BISI International terminates the membership of any registered User(s) including those User(s) who have subscribed for the paid services of BISI International, such person will not have the right to re-enrol or join the Website under a new account or name unless invited to do so in writing by BISI International. In any case of termination, no subscription /membership fee/charges paid by the User(s) will be refunded.
56. User(s) acknowledge that inability to use the Website wholly or partially for whatever reason may have adverse effect on their business. User(s) hereby agree that in no event shall BISI International be liable to any User(s) or any third parties for any inability to use the Website (whether due to disruption, limited access, changes to or termination of any features on the Website or otherwise), any delays, errors or omissions with respect to any communication or transmission, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the Website or any of its features.
57. The features and services on the Website are provided on an "as is" and "as available" basis, and BISI International hereby expressly disclaims any and all warranties, express or implied, including but not limited to any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose. All such warranties, representations, conditions, undertakings and terms are hereby excluded.
58. BISI International does not represent or warrant that the manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Website does not violate any Third Party Rights; and BISI International makes no representations or warranties of any kind concerning any product or service offered or displayed on the Website. Any material downloaded or otherwise obtained through the Website is at the User(s) sole discretion and risk and the User(s) is solely responsible for any damage to its computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by the User(s) from Website or through or from the Website shall create or be deemed to create any warranty not expressly stated herein.
59. Under no circumstances shall BISI International be held liable for any delay or failure or disruption of the content or services delivered through the Website resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, flood, storms, explosions, Acts of God, natural calamities, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
60. User(s) hereby agree to indemnify and save BISI International, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from their use of the Website (including but not limited to the display of User(s) information on the Website) or from User(s)’s breach of any of the terms and conditions of this Agreement. User(s) hereby further agree to indemnify and save BISI International, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from User(s)’s breach of any representations and warranties made by the User(s) to BISI International .
61. Furthermore, BISI International shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, strict liability or otherwise or any other damages resulting from any of the following: i. The use or the inability to use the Website; ii. Any defect in goods, samples purchased or obtained from a User(s) or a third- party provider through the Website; iii. Violation of Third Party Rights or claims or demands that User(s) manufacture, importation, distribution, offer, display, purchase, sale and/or use of products offered or displayed on the Website may violate or may be asserted to violate Third Party Rights; or claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants; iv. Unauthorized access by third parties to data or private information of any User(s); v. Statements or conduct of any User(s) of the Website; or vi. Any matters relating to Premium Services however arising, including negligence.
62. User(s) agree to indemnify and hold us and (as applicable) our officers, directors, agents, and employees or representatives, from and against any and all losses, liabilities, damages, claims, costs and expenses (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims arising out of breach of these terms or violation of any law including infringement of intellectual property or other right of any person or entity or asserted by Third Party Rights claimants or other third parties relating to products offered or displayed on the Website. User(s) hereby further agree that BISI International is not responsible and shall have no liability for any material posted by other User(s) or any other person, including defamatory, offensive or illicit material and that the risk of damage from such material rests entirely with the User(s). BISI International reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by any User(s), in which event such User(s) shall cooperate with BISI International in asserting any available defenses.
63. These obligations will survive any termination of the Terms.
Mode of Communication
64. When You use the Platform 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.
65. All notices or demands to or upon BISI International shall be effective if in writing and shall be deemed to be duly made when sent to BISI International, 1270, Acharyon Ka Rasta, Kishanpole Bazar, Jaipur – 302003. 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 Website, or by posting such notice or demand on an area of the Website that is publicly accessible without a charge.
66. Notice to a User(s) shall be deemed to be received by such User(s) if and when Website is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User(s), or immediately upon Website’s posting such notice on an area of the Website that is publicly accessible without charge.
Payment support facility:
67. In case the seller and the buyer chose to engage the payment support facility of the platform, transactions, transaction price and all commercial terms such as delivery, dispatch of products and/or services are as per principal to principal bipartite contractual obligations between sellers and buyers. The payment facility is merely used by sellers and buyers to facilitate the completion of transactions. Use of the payment facility shall not render BISI International liable or responsible for non–delivery, non-receipt, non- payment, damage, breach of representations and warranties, non-provision of after-sales or warranty services or fraud as regards the products and/or services listed on the Platform.
68. You have specifically authorized BISI International or its service providers to collect, process, facilitate, and remit payments and/or the transaction price electronically or any other mode to and from buyers in respect of transactions through payment facility. Your relationship with BISI International is on a principal to principal basis and by accepting these terms, You agree that BISI International is an independent contractor for all purposes and does not have control of or liability for the products that are listed on the Platform and paid for by using the payment facility. BISI International does not guarantee the identity of any User nor does it ensure that a buyer or a seller will complete a transaction.
69. You understand, accept, and agree that the payment facility provided by BISI International is neither a banking nor financial service, but merely a facilitator providing an electronic, automated online electronic payment facility for receiving payment, or cash on delivery (CoD) payment, collection and remittance for transactions on the Platform using the existing authorized banking infrastructure and credit card payment gateway (PG) network. Further, by providing payment facility, BISI International neither acts as a trustee nor fiduciary with respect to transaction or transaction price.
70. All online bank transfers from valid bank accounts are processed using the gateway provided by the respective issuing bank that supports payment facility to provide these services to the users. All such online bank transfers on payment facility are also governed by the terms and conditions agreed to between a seller buyer and the respective issuing bank.
71. Furthermore the payment support system will be specifically governed by the guidelines and terms provided on the website.
72. BISI International reserves the right to change its fee policy from time to time. Changes to the fee policy shall be posted on the Platform and such changes shall automatically become effective immediately after they are posted on the Platform. Unless otherwise stated, all fees shall be quoted in Indian Rupees (INR) and payable to BISI International. You shall be solely responsible for compliance with all applicable laws for making payments to BISI International . You hereby agree that BISI International shall have the right to set off any amounts due and payable by You to BISI International against any payments due from BISI International to You.
73. You are responsible for paying all fees associated with the use of the Platform and charges collected in respect of such usage. You agree to bear any and all applicable taxes, charges, cesses levied thereon (including CGST+SGST/IGST/CGST+UGST and GST cess as may be applicable to the transaction). BISI International shall be not liable or responsible in any manner in case the User(s) violate or default in the payment of taxes or cess arising out of any transaction taking place through our platform.
Applicable laws, Jurisdiction/ Dispute Resolution
74. These Terms will be governed by and construed in accordance with the Indian laws, without giving effect to its conflict of laws provisions or Your actual state or country of residence, and You agree to submit to personal jurisdiction in India. The parties to this Agreement hereby submit to the exclusive jurisdiction of the courts of New Delhi, India. You agree to exclude, in its entirety, the application to these Terms of the United Nations Convention on Contracts for the International Sale of Goods. You are responsible for compliance with applicable laws. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remainder of the Terms will continue in full force and effect.
75. Any dispute under this Agreement between the Website and the Users shall be referred to Arbitration to be conducted as per the Arbitration and Conciliation Act, 1996, as applicable at the time including such amendments that may be made, by a Single Arbitrator to be appointed at the sole discretion of the Website. The seat of arbitration shall be at New Delhi, India and the language of the Arbitration shall be English.
Pharmaceutical Product Policies
76. The Website does not facilitate the purchase of pharmaceutical products, implants, surgical devices, consumable goods and only advertises and/or showcases the pharmaceutical products implants, surgical devices, consumable goods posted by Users(s).
77. User(s) involved in the purchase and supply of pharmaceutical products, implants, surgical devices, consumable goods hereby agree to abide by and be compliant of any applicable laws, rules, regulations, notifications or orders issued by the Government of India or any of its agencies from time to time in this regard including but not limited to Drugs and Cosmetics Act, 1940, Drugs and Cosmetics Rules, 1945 ("Drug Rules"), Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 ("Drug and Magic Remedies Act").
78. BISI International shall not be responsible for any information, content or material in respect of or related to any pharmaceutical product posted, provided or displayed by User(s) on the Website. Accordingly, the User posting the content shall ensure that the content so posted does not violate any statue in the rules made thereunder including the Act(s) as referred above, so that no consequences of any nature could be attributed to BISI International in any manner whatsoever.
79. Users(s) hereby undertake that they shall solely be responsible and shall bear all the liabilities in respect of selling prescription medicines and/or drugs mentioned in any of the Schedules of the Drug Rules without a prescription issued by a registered medical practitioner and in accordance with the conditions laid down in such rules. In the event of breach of any such condition, BISI International shall not be liable and responsible in any manner whatsoever.
80. Users(s) undertake and agree to indemnify and hold harmless BISI International and/or any of its affiliates, directors, officers, employees or representatives from and against any and all losses, liabilities, damages, claims, costs and expenses (including attorney’s fees and expenses, any third party claims), which BISI International may incur or suffer as a result of or in connection with any illegal sales of drugs and/or medicines.
81. BISI International does not offer any guarantees or warranties on the medicinal products or services displayed or listed on the Website and is not liable for any relevant transaction between the User(s), including transactions involving sale of any medicine(s) restricted and/or banned for sale by any governmental or any other regulatory authorities.
82. Headings for any section of the Agreement are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.