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Please read the following terms and conditions carefully as your use of services of this Website is subject to your acceptance of and compliance with the same (“Terms”).
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE AGREEMENT CAREFULLY. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST EXIT THIS WEB PAGE AND STOP ACCESSING OR USING WWW.THEDENTALDEALER.COM WITH IMMEDIATE EFFECT.
Your use of this website to make purchases from Thedentaldealer.com indicates your acceptance of these terms and conditions.
1. Thedentaldealer.com reserves the right to make changes to this website and its terms and conditions at any time without prior notice
2. All prices and transactions are processed in respective currencies mentioned on the website.
3. Title to the goods remains that of Thedentaldealer.com until you have paid for them. Title will pass to you once the goods are paid for in full and any and all payments have been cleared by any relevant banking process. Orders made by you for products on this website are not binding on Thedentaldealer.com until accepted by us.
4. Thedentaldealer.com reserves the right not to allow changes to any order after it has accepted that order.
5. Thedentaldealer.com will not accept liability for failure of service by your internet service provider or any other third party service provider.
6. All reasonable attempts will be made to ensure that information on this website is accurate, but makes no assurances as to the accuracy of the information. Thedentaldealer.com accepts no liability for any errors or omissions contained on this website.
⦁ “Buyer/s” shall mean registered medical practitioners, retailers, wholesale entity and/or medical institutions that buy/purchase the Product/s from the Website (defined hereinafter).
⦁ “thedentaldealer”, “we”, “us” and “our” shall mean First Stop Dental Dealer Private Limited, a company incorporated under the Companies Act 2013, having its registered office at A 33, Amar Colony, Lajapt Nagar IV, New Delhi 110024, India.
⦁ “Principal Representative” shall mean the authorized agent/ representative of the Product Manufacturer and/or Original Equipment Manufacturer in India
⦁ “Product(s)” shall mean medical supplies available for sale on the Website including but not limited to clinical supplies such as facemasks, gloves, dental composites, orthodontic products, oral care products, protective gear, endodontic instruments, prosthetic instruments, surgical instruments, and other healthcare and clinical instruments that are produced by various manufacturers and available for sale on the Website.
⦁ “Website” shall mean the online platform available at the domain name www.Thedentaldealer.com and the mobile applications, if any.
⦁ “You” or “User” shall mean the end user accessing the Website, its contents and using the Services and Products offered through the Website.
2. Changes to the Website
We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms, at any time without any prior notice to you. It is your responsibility to review these Terms periodically for updates/changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to the revisions.
When you use the Website 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. You further agree to receive transactional SMSs and emails from us, with updates about your transactions.
4. Services Offered
⦁ Thedentaldealer provides a number of internet-based services through the Website (all such services, collectively, the “Service(s)”). One such service enables Buyer to purchase clinical supplies such as face-masks, gloves, dental composites, orthodontic products, oral care products, and other dental, healthcare and clinical requirement products produced by various manufacturers. The Products can be purchased through the Website through various methods of payments offered such as online payment through Paytm Wallet, Bank Transfer through NEFT/Bank Deposit, and Online Payments through credit card/debit card/ card-based EMI/ Net Banking.
⦁ The sale/purchase of Products shall be additionally governed by specific policies like Cancellation and Refunds Policy, Shipping Policy, Payments Policy, etc., and all of which are incorporated here by reference.
5. User Conduct and Rules
The User shall at all times while accessing and/ or using the services of this Website abide by the following principles.
⦁ The User shall not host, display, upload, modify, publish, transmit, update or share any information, including but not limited to, content, image or graphic, which:
⦁ belongs to another person and to which the User does not have any right to;
⦁ is grossly false, inaccurate, harmful, harassing, abusive, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing in any manner, whatsoever;
⦁ involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
⦁ infringes upon or violates any third party's rights, including, but not limited to, intellectual property rights, which includes patents, trademarks, copyrights or other proprietary rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity;
⦁ contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
⦁ provides information violating someone's privacy, or provides or creates computer viruses;
⦁ contains video, photographs, or images of another person, without that person’s consent; impersonates another person;
⦁ tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, account information, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
⦁ threatens 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 for any other nation.
⦁ The User shall not use the Website for any unlawful and fraudulent purposes, which may cause annoyance and inconvenience and abuses any policy and rules of Thedentaldealer and/ or interrupt or causes to interrupt the use of this Website by other Users.
⦁ The User shall not use any false e-mail address, impersonates any person or entity, or otherwise misleads Thedentaldealer by sharing multiple address and phone numbers or transacting with mala fide intentions.
⦁ The User shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or its content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or its content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.
⦁ The User shall not create liability for Thedentaldealer or cause Thedentaldealer to lose (in whole or in part) the services of the Thedentaldealer’s internet service provider ("ISPs") or other suppliers.
⦁ The User shall at all times abide by the requirements of the Information Technology Act, 2000 and the rules, regulations, policies, guidelines, bye laws and notifications made there under and/ or any law which is applicable for the time being in force while uploading any content, accessing, or using the services offered by this Website. The User hereby unequivocally declares that in case of violation of any of the provisions of the Information Technology Act, 2000 and/ or rules, regulations, bye-laws, policies, guidelines and notifications made there under and/ or any law which is applicable for the time being in force, the User shall be solely responsible at his/ her own costs for all acts, deeds and things and the User shall be liable for any kind of civil or criminal liability there under.
⦁ In the event of the User not complying with these requirements, Thedentaldealer shall have the right to immediately terminate the access or usage rights of the User to the Website and remove any non-compliant information.
6. User Warranty and Representation
The User guarantees, warrants, and certifies that the User is the owner of the content which the User submits or is otherwise authorized to use the content and that the content does not infringe upon the property rights, intellectual property rights or other rights of others. The User further warrants that to your knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any content, including trademark, trade name, service mark, and copyright formerly or currently used by the User in connection with the Services rendered or Products sold by Thedentaldealer.
7. Buyer Warranty and Representation:
The Buyer guarantees, warrants, and certifies that the Product(s) purchased on the Website by the Buyer shall be used by registered medical/dental practitioners and/or qualified technicians only.
8. Exclusion of Liability Regarding Description of Products
⦁ Thedentaldealer does not guarantee that the Product delivered to the Buyer shall correspond exactly with the image displayed on the Website. All images of Products are purely for illustration and reference purposes. Thedentaldealer does not accept responsibility for differences between the image on the Website and the actual appearance of the Product. The quality of any Product, Service, information, or other material purchased or obtained by you through the Website may not meet your expectations. Thedentaldealer does not provide or make any representation, warranty or guaranty, express or implied about the Services or Products. Thedentaldealer does not make any representation or warranty as to specifics (such as quality, value, saleability, etc.) of the Products proposed to be sold or offered to be sold or purchased on the Website.
⦁ You shall check and confirm the color/model/version/expiry period and any other such particulars of the Products before placing the order. Thedentaldealer accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
⦁ Alterations to certain aspects of your order such as the Product brand, size, pack etc. may be required due to limitations caused by availability of Products. If you agree to such alterations, then Thedentaldealer shall send you an approval request on the email ID submitted by you during the registration process. If you do not agree with the requested change, you retain the right to reject the requested change by replying to it within 10 days of it being sent to you. If you reject this request, your order will be cancelled and your payments made, if any, will be fully refunded.
⦁ Thedentaldealer will not be liable to replace the Products and the liability to replace any such Product is that of the OEM (original equipment manufacturer). Thedentaldealer and the Buyer acknowledge that the Products purchased/used are a subject matter of original OEM’s warranties. Any or all claims in relation to returns and replacement shall be made to the concerned OEM only and not Thedentaldealer. However, Thedentaldealer may assist the customer in lodging a complaint to get the Product replaced or serviced. The Buyer acknowledges that the Products once sold will not be exchanged or taken back unless the seal of the package or the Product is intact.
9. Intellectual Property Rights
⦁ All content included on the Website, such as designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the “Site Content”), are the property of Thedentaldealer with all rights reserved. You acknowledge and agree that you shall not use, reproduce or distribute any Site Content from the Website belonging to Thedentaldealer.
⦁ All products listed on the web-site are independently acquired from distributors and/or suppliers of the same. Thedentaldealer is not affiliated, endorsed or sponsored by these trademark holders.
10. Links to Third Party Sites
The Website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Thedentaldealer or the Website and Thedentaldealer is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Thedentaldealer is not responsible for any form of transmission, whatsoever, received by you from any Linked Site. Thedentaldealer is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Thedentaldealer or the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof. The Users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
11. Disclaimer of Warranties/Limitation of Liability
⦁ Thedentaldealer endeavors to ensure that all the information on the Website is correct, but Thedentaldealer neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, Product or Service.
⦁ In no event shall Thedentaldealer be liable for any direct, indirect, consequential, exemplary, punitive, incidental, multiple, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the Services or Products; (b) unauthorized access to or alteration of the user's transmissions or data; (c) any other matter relating to the Services or Products; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website or Service or any claim arising out of or in connection to the Products sold on the Website.
⦁ Thedentaldealer shall not be responsible for any claims arising out of the use of the Website, whether based on contract, tort, negligence, and strict liability or otherwise. Further, Thedentaldealer shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond Thedentaldealer’s control.
⦁ THEDENTALDEALER SHALL NOT BE LIABLE FOR BREACH OF ANY WARRANTY SERVICED BY THE PRODUCT MANUFACTURER. ANY WARRANTY SERVICED BY A PRODUCT MANUFACTURER SHALL BE THEIR SOLE RESPONSIBILITY AND THEY SHALL ACCORDINGLY BE LIABLE FOR ANY BREACH OF SUCH WARRANTY.
⦁ The User understands and agrees that any material and/or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.
⦁ User downloads information from this site at this own risk. Website makes no warranty that downloads is free of corrupting computer codes, including, but not limited to, viruses and worms.
⦁ 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.
⦁ You understand and agree that the Service and the Products provided are on an “AS IS” and “AS AVAILABLE” basis and that Thedentaldealer does not assume any responsibility for prompt or proper delivery, or retention of any User information or communications between Users. Thedentaldealer makes no warranty that (i) the Services or the Products purchased will meet your requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from use of the Service will be accurate or reliable, (iv) the quality of any Products, Services, information, or other material purchased or obtained by you through the Service will meet your expectations, and (v) any errors in the software will be corrected.
⦁ No advice or information, whether oral or written, obtained by you from Thedentaldealer or through or from the Thedentaldealer Service shall create any warranty not expressly stated in these Terms.
You agree to indemnify Thedentaldealer from and against any and all losses, liabilities, claims including third party claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Thedentaldealer that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms.
⦁ Thedentaldealer may suspend or terminate your use of the Website or any Service if it in its sole and absolute discretion, believes that you have breached, violated, abused, or unethically manipulated or exploited any of these Terms or anyway otherwise acted unethically.
⦁ If you or Thedentaldealer terminate your use of the Website or any Service, Thedentaldealer may delete any content or other materials relating to your use of the Service and Thedentaldealer will have no liability to you or any third party for doing so.
⦁ You shall be liable to pay for any Service or Product that you have already ordered till the time of Termination by either party whatsoever.
14. Governing Law:
⦁ Terms shall be governed by and construed in accordance with the laws of India and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at New Delhi.
⦁ Any dispute or claim relating to the services rendered by the Website, its enforceability or termination under these Terms and/ or other policies available on the Website shall be governed by the Arbitration and Conciliation Act, 1966 by a sole arbitrator, who shall be appointed by Thedentaldealer. The place of Arbitration shall be New Delhi and the language of proceedings shall be English.
If any provision of the Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms shall continue to be in full force and effect.
At present, Medical Device Rules 2017 do not prohibit the sale of any item listed on this Website. However, if the Medical Device Rules 2017 are subsequently revised to include any item currently sold on our Website, then such items shall not be available to the Users and any monies paid for the prohibited item shall be refunded to the respective User.
As per these Terms, Users are solely responsible for every material or content uploaded on to the Website. Users can be held legally liable for their contents and may be held legally accountable if their contents or material include, for example, defamatory comments or material protected by copyright, trademark, etc. If you come across any abuse or violation of these Terms, please report to [email protected]