Terms of Use
This document is user agreement of Queens Marketing Services & Medical Allied Solution’s ecommerce portal QMSMEDS.COM. The QMSMAS service and website (collectively, “QMSMAS” or “the Service”) are operated by Queens Medical Allied Services Pvt Ltd and its corporate affiliates (collectively, “us”, “we” or “the Company”). This Agreement describes the terms on which you may access, and use our services. By accessing or using our web site (“Site”), you (the “User”) signify that you have read, understood and agree to be bound by these Terms of Use (“Terms of Use” or “Agreement”), whether or not you are a registered member of QMSMEDS.COM (Member). In the event of any inconsistency between the QMSMEDS.COM Privacy Policy and this Agreement, the Agreement shall override the Privacy Policy. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. If you do not agree to be bound by the terms of this Agreement, you may not use or access our services. We reserve the right to modify this Agreement at any time, and without prior notice, by posting the amended terms on this Site. Your continued use of the Site indicates your acceptance of the amended Agreement.
All delivery services require a signature upon delivery. This acts as proof of delivery to your entered shipping address. Any adult signature at the shipping address will act as legal delivery fulfilment.
All images of products are purely for illustration only, and do not form part of the description of the product. * QMSMAS/QMSMEDS cannot accept responsibility for any difference between the image on the website and the actual appearance of the product. Although unlikely but it is possible that Product information is not correct. In such cases, QMSMEDS.COM medical reserves the right to cancel the order and refund the amount
1. Eligibility
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. If you are under 18 years of age, then please do not use the QMSMEDS.COM site.
2. Registration Details and Account Security
In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (“Registration Details”); (b) maintain and promptly update the Registration Details, and any other information you provide to Company, to keep it accurate, current and complete; and (c) you are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur using your password or account with or without your knowledge.
3. User Conduct
Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of QMSMEDS.COM.
QMSMEDS.COM is not responsible for the conduct of its users. Therefore, in using QMSMEDS.COM you represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.
In addition, you agree not to use the Service or the Site to:
- post any content or initiate communications which are unlawful, libelous, abusive, obscene, discriminatory, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable.
- use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;
- use automated scripts to collect information from or otherwise interact with the Service or the Site;
- upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
4. Proprietary Rights in Site Content; Limited License
All content on the Site and available through the Service, including but not limited to designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the “Site Content”), are the proprietary property of the Company, its users or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company’s prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the Site. Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content, you may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to this Agreement, and does not include use of any data mining, robots or similar data gathering or extraction methods. Any use of the Site, or the Site Content other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws, and the applicable communications regulations and statutes. Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring any license to intellectual property rights, whether by estoppels, implication or otherwise. This license is revocable at any time without notice, and with or without cause.
5. Assumption of Risks
YOU ASSUME ALL RISKS THAT THE SITE, APPLICATIONS, AND RELATED INFORMATION ARE SUITABLE OR ACCURATE FOR YOUR NEEDS AND WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. ANY APPLICATIONS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE ARE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA. BY VIEWING THIS SITE, READING COMMENTS BY OTHER USERS OR ACCESSING APPLICATIONS AND SERVICES RELATED TO THIS SITE YOU MAY BE EXPOSED TO RUDE, CRUDE, INDECENT, OR OTHER OFFENSIVE LANGUAGE OR REFERENCES. YOU AGREE THAT WE SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY SORT RELATING TO YOUR DEALINGS WITH ANY THIRD PARTY ADVERTISER OR CONTENT PROVIDER ON THE SITE.
6. Return & Replacement Policy
Returns and Replacements are accepted within 7 days from the delivery of items. Items to be returned or replaced must be in resalable conditions and contain the original packing material, manuals and blank warranty cards. Credit will not be granted for items unsuitable for resale. Returned items are subject to inspection. In case of return of any item the amount will be adjusted in the next order. Any product that is damaged in transit and is rejected by you without accepting delivery from the courier is eligible for a 100% refund of the sale price of the product.
Due to health, hygienic and safety reasons, products which relate to personal hygiene and self-care are non-returnable. Products that come in contact with the body cannot be returned – they are single use patient items. No hygiene product can be returned if the package has been opened as per our policy.
7. Ordering
Orders by Customer are subject to acceptance by QMSMEDS.COM. as per the availability of the product. Placement of order by Customer will constitute acceptance of terms and conditions listed on Website. No terms and conditions appearing in Customer’s order that are in variance with or contrary to these term and conditions shall be binding upon QMSMEDS.COM unless specifically agreed to in a writing signed by QMSMEDS.COM.
8. Payment, Pricing & Promotions
Invoices will be dated as of the date of the shipment, and unless otherwise agreed in writing, are payable on an open account immediately at the time of order or at the time of delivery of items as per the payment option chosen by the Customer. All payments shall be made in Indian Rupees and may be made by at par cheque, cash on delivery, online transfer, credit or debit card, ECS, DD. QMSMEDS.COM Medical may suspend shipment of Products to Customers whose previous dues are unpaid, at no liability to QMSMEDS.COM. Due to manufacturers’ price increases or decreases or other events outside of QMSMEDS.COM reasonable control, pricing is subject to change without prior notification. Prices are all inclusive of taxes except octroi.
Special offers, coupons or discounts can only be applied at time of order and may not be applied to any previous order. Prices and products are subject to change without notice.
9. Viewing Orders
We will provide the shipment booking no. and the website address of the courier company from there you can track your order in their track your order page.
10. Third Party Websites and Content
The Site contains (or you may be sent through the Site or the Service) links to other web sites (“Third Party Sites”) as well as articles, photographs, text, graphics, pictures, designs, presentations, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). Such Third Party Sites or Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including without limitation the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.
11. Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT THE QMSMEDS.COM SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT QMSMEDS.COM DOES NOT ASSUME ANY RESPONSIBILITY FOR PROMPT OR PROPER DELIVERY, OR RETENTION OF ANY USER INFORMATION OR COMMUNICATIONS BETWEEN USERS. QMSMEDS.COM ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OR EXISTENCE OF ANY COMMUNICATIONS BETWEEN USERS. QMSMEDS.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
QMSMEDS.COM MAKES NO WARRANTY THAT (i) THE QMSMEDS.COM SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE QMSMEDS.COM SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE QMSMEDS.COM SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE QMSMEDS.COM SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE QMSMEDS.COM SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK, AND THAT 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.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM QMSMEDS.COM OR THROUGH OR FROM THE QMSMEDS.COM SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS USER AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
12. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT QMSMEDS.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF QMSMEDS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT ACTUALLY PAID BY YOU TO US IN RELATION TO ANY PRODUCT OR SERVICE.
13. Governing Law
The terms and conditions of this User Agreement shall be governed in all respect by the Indian laws. All disputes are subject to the jurisdiction of the Courts of Mumbai, India. The parties to these terms and conditions hereby submit to the exclusive jurisdiction of the courts of Mumbai, India.
14. The privacy of the data collected by QMSMEDS.COM (data which user is entering on your site while ordering a product) is secured.
15. QMSMEDS.COM does NOT share data with third parties such as marketing firms for unrelated selling. However, QMSMEDS.COM does share data with OEMs (exclusively of items bought by customers) for segment-specific sales schemes
