Terms and Conditions
1. General
Welcome to Mahaveer Liveorder!
The terms and conditions as set out here in ("Terms") constitute an agreement between Mahaveer Medi Sales Pvt Ltd,, having its registered address at MAHAVEER ARCADE,#97,SIRSI ROAD, CHAMARAJPET, BENGALURU-560 018. ("Mahaveer Medi Sales", "we", "us" or "our"), which manages and operates Mahaveer Liveorder (defined below) and wholesale and retail merchants (whether an individual or a legally recognized entity) involved in trade of pharmaceuticals goods and/or services across the territory of India ("Merchant", "you" or "you")or uses any current or future service or functionality or offer made available on the Platform ("Service(s)"), as updated from time to time.
These Terms govern your use of the Platform and transactions or dealings thereon. By using the Platform you expressly agree to be bound by these Terms. Please note that your access of other platforms or utilisation of devices, as may be provided to you by Mahaveer Medi Sales or its affiliates, may be governed by other terms and conditions, policies or guidelines ("Additional Terms") that may be applicable on such platforms or devices at the time of your access and usage of the Platform, which may be updated from time to time. By using such platforms and utilising such devices, you agree to be bound by such Additional Terms along with these Terms.
For the purposes of these Terms: (a) "Platform" means the Mahaveer Liveorder which include its corresponding mobile application or any other digital mode and/or operating system as provided by us, on which the Merchant may avail the Services (defined below) and includes applications controlled and managed by Mahaveer Medi Sales which interact with one or more such mobile applications/ wallets/ websites/ tablets and digital modes as provided by us; (b) "Products" shall mean the variety of medicines, wellness, health and pharmaceuticals related products offered for sale to you on the Platform; (c) "Distributor" shall mean a person who is in the business of distributing Products and lists Products on the Platform; (d) "Retailer" shall mean a person in the business of retail sale of Products through the Platform; and (e) Mahaveer Medi Sales and you are here in after individually referred to as "Party" and collectively as "Parties".
1.1 The terms and conditions of access and use of the Platform as set out here in specifically govern your access and use of the Platform. The Platform is a B2B ordering platform where buyers can explore the catalogue of sellers and place orders for the same. It also provides a platform for the seller salesmen to take orders on behalf of the buyers and various other offerings benefitting both the buyer and the sellers(collectively, the "Services"). Please note that the sale and purchase transaction between the Distributor and the Retailer of Products, facilitated on the Platform, shall be governed by these Terms. You acknowledge that Mahaveer Medi Sales cannot be a party to or save as except as may be provided in these Terms, control in any manner, any transaction between the Distributor and the Retailer or you and the third-parties.
1.2 Please note that we may from time to time change the Terms that govern your use of the Platform. Every time you wish to use our Platform, please check these Terms to ensure you understand the terms and conditions that apply at that time.
1.3 Any accessing, browsing, or otherwise using the Platform indicates your agreement to these Terms, the privacy policy of Platform and any other policies or guidelines that may be applicable on the Platform at the time of your access and usage of the Platform and which may be updated from time to time (collectively, the "Onboarding Terms"). If you disagree with any part of the Onboarding Terms, then you should discontinue access or use of the Platform. Please read the Onboarding Terms carefully before proceeding.
1.4 Only persons who can enter into legally binding contracts as per Indian Contract Act, 1872, i.e. persons who are 18 (Eighteen) years of age or above, are of sound mind, and are not disqualified from entering into contracts by any law and are fully competent to enter into Onboarding Terms, and to abide by and comply with the Onboarding Terms. In case a person below 18 (Eighteen) years of age, may access and use the Platform only if enabled by a parent or legal guardian. Persons who are ‘incompetent to contract’ within the meaning of the Indian Contract Act, 1872 including without limitation, un-discharged insolvents are not eligible to use Platform. Further, if you are using the Services on behalf of a company or organisation, you represent that you have authority to act on behalf of that entity, and that such entity accepts the Onboarding Terms. We reserve the right to terminate your membership and / or refuse to provide you with access to Mahaveer Medi Sales if it is brought to our notice or if it is discovered that you are incompetent to enter into this contract.
1.5 If you have any query regarding the Terms, you may contact us anytime at puneeth@mahaveersales.com ("Customer Service").
2. REGISTRATION OF YOUR ACCOUNT
2.1 In order to use the Platform and avail the Services, you will have to register on the Platform through the website or mobile application by providing such details as requested by us from time to time. You represent, warrant and covenant that you shall provide us with accurate and complete registration information which may include but not limited to your name, registered company address, e-mail address, mobile number, Company GSTIN, the name of the website (if applicable), licenses obtained ("Registration Details") and such other details as requested by us from time to time. Subsequent to your submission of your Registration Details, a one-time password, valid for only one login session ("OTP") shall be sent to your mobile number for you to access the Service. Registration is a one-time process. You will be eligible to further access and avail the Services only upon receipt of a confirmation e-mail and/or mobile SMS, from us after filling in the necessary forms and after providing the necessary details as may be required by us at the time of your registration from time to time. You acknowledge and agree that all the KYC information, documents and details provided by you to us are (i) true, accurate and complete; and (ii) up-to-date at the time of furnishing such documents and all times thereafter. Any failure to do so shall constitute a breach of these Terms of Use, which may result in immediate termination and/or suspension of your Mahaveer Medi Sales account, solely at our discretion.
2.2 Your credentials shared by you at the time of registration and your Mahaveer Medi Sales login ID and password are referred to as "Account Information".
2.3 You are solely authorized to operate the account created by you. Consequently, it is your responsibility to maintain the confidentiality of the log in credentials of your account on the Platform and for restricting access to your computer/mobile/other similar devices to prevent unauthorized access to your account. You shall remain solely liable for all the actions undertaken through your account.
2.4 Not with standing anything contained here in or under the Content Guidelines, you shall not:
(a) provide any false personal information to us (including a false/fraudulent Registration Details) or create any account for anyone other than yourself without such person's explicit permission;
(b) use the Registration Details or the Account Information that is in the name of another person with the intent to impersonate that person;
(c) use the Registration Details or the Account Information that is subject to any rights of a person other than you without appropriate authorization; or
(d) use the Registration Details that may be or is offensive, vulgar, obscene or otherwise unlawful.
2.5 You will: (a) immediately inform Mahaveer Medi Sales of any unauthorized use of the account or any other security breach; and (b) ensure that you log out of your account at the end of each session (c) update the Registration details and amend the documents used for the purpose of registration in case there is any change in the details mentioned there in. We, our employees, agents, directors and officers. Mahaveer Medi Sales will not be liable for any loss or direct or indirect damage arising from your failure to comply with these Terms. You may be held liable for any losses incurred to Mahaveer Medi Sales or any other user due to unauthorized use of their account. We reserve the right to refuse access to the Platform, terminate accounts, remove or edit content at any time without notice to you.
3. COMMUNICATION AND UNSUBSCRIPTION
3.1 By accepting the Terms, you also accept to receive news, updates, offers/ campaign related SMS, to the mobile phone number provided by you. By accessing and using the Platform and/ or verifying your contact number with us, you explicitly consent to receive such communications (through call, SMS, email or other digital and electronic means) from us and/or our authorized representatives regarding any new services or offerings, even if your contact number is registered under the DND/NCPR list under the Telecom Commercial Communications Customer Preference Regulations, 2018.
3.2 You can unsubscribe/opt-out from receiving marketing/ promotional communications, newsletter and other notifications from Mahaveer Medi Sales at any time by following the instructions set out in such communications.
4. LICENSE AND ACCESS TO PLATFORM
4.1 Your use of the Platform, the Services, and access to the Mahaveer Medi Sales Content (as defined below) is subject to a limited, revocable and non-exclusive license which is granted to you when you register on the Platform. You will use Platform solely for listing the Products for sale, identifying Products, placing order of the Products, carrying out purchases of Products.
4.2 You grant to Mahaveer Medi Sales a royalty-free, perpetual, irrevocable, non-exclusive right and license to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works from, display worldwide, or act on any material posted by you on the Platform without additional approval or consideration in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content, and you waive any claim over all feedback, comments, ideas or suggestions or any other content provided through or on the Platform. You agree to perform all further acts necessary to perfect any of the above rights granted by you to Mahaveer Medi Sales, including the execution of deeds and documents, at its request.
4.3 The license granted to you does not include a license: (a) to sub-licence or create any charge or encumbrance on the subscription plan (c) any use of Mahaveer Medi Sales, the Services and/or of Mahaveer Medi Sales Content other than as contemplated in these Terms of Use, (d) any downloading or copying of account information, (e) any use of data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) any parts of Mahaveer Medi Sales, (e) creating and/ or publishing your own database that features parts of the Platform.
5. PERSONAL INFORMATION PRIVACY
5.1 During the course of your registration on and usage of the Platform or availing the Services, Mahaveer Medi Sales may collect and store and/or you may provide us with, personal identifiable and sensitive information about you, including without limitation your name, phone number, email address, address, postal code, occupation, login details etc.
5.2 Mahaveer Medi Sales respects the sensitivity of the information about you and we appreciate your trust in us. In this regard, for individuals onboarding the Platform, Mahaveer Medi Sales has formulated the Privacy Policy, which shall be deemed to be included in these Terms, setting out the manner in which your information is collected, stored, processed, used and disclosed. If you object to the terms of our Privacy Policy, please do not use or access the Platform or avail the Services. For more information, please refer to the Privacy Policy.
6. CONTENT ON PLATFORM AND USER SUBMISSION
6.1 All information, content, material, text, graphics, images, video, audio clip, comments, information, data, text, software, scripts, graphics, logos, button icons, software code, interface, design, the collection, arrangement and assembly of the content on the Platform or any of the other Services are the property of Mahaveer Medi Sales or its affiliates, and interactive features generated, provided, or otherwise made available by you on or through the Services that relates to Your Products, Your Customers and/or your business in general ("Mahaveer Medi Sales Content"), and are protected under copyright, trademark and other applicable laws. Further, all trademarks, service marks, trade names, and trade secrets in relation to the Platform, whether or not displayed on the Platform, are proprietary to Mahaveer Medi Sales. Any such Content added, created, uploaded, submitted, or posted for availing the Service is collectively referred to as "User Submissions".
6.2 Mahaveer Medi Sales may display on the Platform any third-party logos, trade names, or trademarks of other brands, as per the license granted to Mahaveer Medi Sales by such brands.
6.3 No information, content or material from Platform (including the Mahaveer Medi Sales Content) may be copied, reproduced, republished, duplicated, copied, sold, resold, uploaded, posted, transmitted, distributed or otherwise exploited in any way (including for any commercial purpose) without Mahaveer Medi Sales’s express written permission. You will not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Mahaveer Medi Sales and its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Mahaveer Medi Sales’s or its affiliates’ names or trademarks without the express written consent of Mahaveer Medi Sales and/or its affiliates, as applicable. Any unauthorized use terminates the permissions granted in these Terms of Use.
6.4 All Content and User Submissions, whether publicly posted or privately transmitted, shall be the sole responsibility of the person who originated such user Submissions/Content. We cannot guarantee the authenticity of any such User Submissions and/or Content that the users may provide about themselves. You acknowledge and agree that (i) all User Submissions/Content accessed by you, while utilizing or using the Services shall be at your own risk and will be solely responsible and liable for any damage or loss that may occur as may be attributable to you or any other party resulting therefrom; (ii) we shall have no liability towards you or any such party for any damage or loss resulting from such User Submissions/Content; and (iii) You shall be responsible and liable for displaying of authentic Content/User Submissions while using the Services and we shall have no liability in this regard.
6.5 You shall also ensure that the Contents/User Submissions applicable are as per the Content Guidelines detailed in the Terms of Use below. You shall be liable for any breach and/or threatened breach of these Terms, either by you or any of your customers.
6.6 You grant us a worldwide, exclusive and royalty-free license to use and reproduce the User Submissions/ Content at our discretion, which may be processed by us or by the Partner Service Providers to provide you the Services.
6.7 The Services provided hereunder contain content specifically provided by us or our Partner Service Providers and such content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, as applicable, whether registered or proposed to be registered ("Service Content"). You shall abide by and maintain all copyright notices, information, and restrictions contained in any such Service Content accessed as part of the Services.
6.8 All Service Content is made available as is and without any representations or warranties whatsoever, and we hereby disclaim any implied warranties, including but not limited to warranties of fitness for use, accuracy, merchantability, and non-infringement. You shall not sell, resale, alter, license, rent, or otherwise use or exploit any Service Content for commercial (whether or not for profit) and personal use or in any way that violates any third party right.
7. E-COMMERCE PLATFORM FOR PHARMACEUTICAL PRODUCTS
7.1 You understand and agree that Mahaveer Medi Sales and the Platform merely provide hosting services to you. All Products offered for sale on the Platform by the Distributors and the content made available by the Distributors are distributor-generated contents and third-party Products and Mahaveer Medi Sales has no control thereof. The authenticity and genuineness of the Products made available by the Distributor through the Platform shall be the sole responsibility of the Distributor, and Mahaveer Medi Sales has no liability with respect to the authenticity of the Products and their sale being facilitated through the Platform. Further, the Retailers are independent parties onboarded on the Platform, basis recommendation of the Distributor. accordingly, the Distributors shall be responsible for any sale of Products made to the Retailers. Particularly, the Distributors shall ensure that the Retailers have adequate licenses under the applicable law to purchase and engage in further sale of the Products.
7.2 You understand and agree that all commercial and contractual terms, with respect to the sale, purchase, delivery and consumption of the Products are offered by and agreed to between the Distributor and the Retailer and the contract for purchase of any of the Products, offered for sale on the Platform by the Distributor shall strictly be a bipartite contract between the Distributor and the Retailer. Mahaveer Medi Sales does not have any control over, and does not in any way involve itself in the offering or acceptance of, such commercial and contractual terms offered by and agreed to, between the Distributor and the Retailer.
7.3 Mahaveer Medi Sales shall neither at any time acquire any right, title, claim or interest in the Products sold through or displayed on the Platform nor it shall have any obligations or liabilities in respect of any transactions on the Platform. You agree and acknowledge that the ownership of the inventory of such Products shall always vest with the Distributor, who are listing or offering the Products for sale on the Platform. Such Distributors shall remain the ultimate sellers of the Products.
7.4 You agree and acknowledge that the Distributors shall be solely responsible for any claim, liability, damages that may arise in the event it is discovered that such Party do not have the sole and exclusive legal ownership over the Products that have been offered for sale on the Platform, or did not have the absolute right, title and authority to deal in and offer for sale such Products on the Platform.
7.5 You agree and acknowledge that the Retailers shall be solely responsible for any claim, liability, damages that may arise in the event it is discovered that such Party is not licensed to transact on the Products that have been offered for sale on the Platform, or did not have the absolute right, title and authority to deal in and purchase such Products on the Platform.
7.6 You accept and acknowledge the following:
(a) Mahaveer Medi Sales is not responsible for any unsatisfactory, delayed, non-performance or breach of the contract entered into between the Distributor and Retailer for purchase and sale of Products on the Platform;
(b) Mahaveer Medi Sales cannot and does not guarantee that the concerned Distributors will perform any transaction concluded on the Platform;
(c) The Distributors are solely responsible for ensuring that the Products offered for sale on the Platform are kept in stock for successful fulfilment of orders received. Consequently, the Platform is not responsible if the Distributors do not satisfy the contract for sale of Products which are out of stock, back ordered or otherwise unavailable, but were shown as available on the Platform at the time of placement of order by the Retailer; and
(d) Mahaveer Medi Sales shall not and is not required to mediate or resolve any dispute or disagreement between the Distributor and the Retailer. In particular, Mahaveer Medi Sales does not implicitly or explicitly support or endorse the sale or purchase of any items or services on the Platform.
8. EXHIBITION, LISTING AND SALE OF PRODUCTS
8.1 The respective Distributors are exhibiting third party content, which includes a catalogue of drugs/ pharmaceutical products or services, and information in relation to such drugs/ pharmaceutical products or services ("Third Party Content"), on the Platform.
8.2 The Third Party Content available on the Platform, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for general information purposes only and does not constitute either an advertisement/ promotion of any drug being offered for sale by the third party pharmacies on the Platform or any professional medical advice, diagnosis, treatment or recommendations of any kind.
8.3 The Distributors shall be solely responsible for ensuring that such Third Party Content made available regarding the Products offered for sale on the Platform, are not misleading and describe the actual condition of the Products. In this connection, it is solely the responsibility of the concerned Distributors to ensure that all such information is accurate in all respects and there is no exaggeration or over emphasis on the specifics of such Products so as to mislead the users in any manner. You acknowledge and understand that Mahaveer Medi Sales provides no warranty or representation with respect to the authenticity/ veracity of the information provided on the Platform and you agree to undertake your own independent diligence. It is agreed and acknowledged by the Parties that Mahaveer Medi Sales has not played any role in the ascertainment of the actual impact/ effect of any Products being offered for sale by the Distributors on the Platform. Further, it is here by clarified that the Distributors are offering the Products for sale to the Retailers and both Parties are responsible for procuring the appropriate licenses for the same under the Drugs Act read with the Drug Rules and the Pharmacy Act. The Parties agree and acknowledge that they shall not hold Mahaveer Medi Sales responsible or liable for any damages arising out of such dependency on third party user generated content by you.
8.4 Invitation to offer for sale - Notwithstanding anything else contained in any other part of these Terms, the listing of Products on the Platform by the Distributors is merely an ‘invitation to an offer for sale’ and not an ‘offer for sale’. The placement of an order by the Retailer shall constitute an offer by the Retailer to enter into an agreement with the Distributors ("Offer"). Post the Offer, the Products shall be sold at the sole discretion of the Distributor. The Platform is not privy to or shall be liable for any actions of the Distributor or the Retailer post the Offer
8.5 Transfer of Property and Completion of Sale - Upon acceptance of the Offer, all invoicing, delivery and payment for the Products shall happen physically by and between the Distributor and the Retailer without reference to the Platform. However, details of the invoices raised and payments made may be factually recorded on the Platform, based on the Distributor updating the relevant details on the Platform. The Retailer may also be able to access the total outstanding dues to the Distributor, however, payment of the same shall be made directly on the Distributor’s platform
8.6 Payment, Fees and Taxes - You agree and acknowledge that you shall not hold Mahaveer Medi Sales responsible for any loss or damage caused to you during the process, due to any acts or omission on the part of third parties viz. the Distributor and/or the Retailer or the collection agents or for any actions/ omissions which are beyond the control of Mahaveer Medi Sales. You are solely responsible for payment of all taxes, legal compliances, statutory registrations and reporting. Mahaveer Medi Sales is in no way responsible for any of the taxes relating to the transaction.
8.7 All the Products sold on Platform are governed by different state laws and if Distributor is unable to deliver such Products due to implications of different state laws, Distributor will return or will give credit for the amount (if any) received in advance by Distributor from the sale of such Product that could not be delivered to the Retailer. It is clarified that Mahaveer Medi Sales is not in control of these actions and shall not be liable for the Distributor’s inability to deliver the Products or refund the relevant amounts.
9. DISCLAIMERS
9.1 All Intellectual Property Rights contained in Mahaveer Medi Sales including the goodwill of Mahaveer Medi Sales, are proprietary of Mahaveer Medi Sales. Content, features, functionality software, design, text, sound recordings and images, are our exclusive property, or licensed by us, except as otherwise expressly stated. Your access shall only be limited to your use of the Services offered.
9.2 No information, code, algorithms, content or material from the Services provided may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without our express written permission.
9.3 Mahaveer Medi Sales will try to make access to and use of the Platform error-free and without interruptions. However, your access to the Platform may be occasionally suspended or restricted to allow for repairs, maintenance, or for the introduction of new facilities or services on the Platform. Mahaveer Medi Sales does not take responsibility for any access or usage problems that arise from internet related issues at your end.
9.4 The Services included on the Platform are provided on an "as is" and "as available" basis without any representations or warranties, express or implied, except as otherwise specified in writing. Mahaveer Medi Sales does not covenant or provide any representations and warranties in relation to the Products or the Services.
9.5 Mahaveer Medi Sales does not assume any responsibility or liability for the actions, products, and content of any of the third-parties. To the extent permitted by applicable law, Mahaveer Medi Sales disclaims any liability against any loss, damage, expenses, liabilities, claim, injury caused due to the failure of performance, omission, defect of Products, or deletion, interruption, error, delay, virus, communication, unauthorised access, theft, destruction, alteration or use of records on the Platform.
9.6 Mahaveer Medi Sales is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to access links of any third party platforms, you are doing so entirely at your own risk and expense.
10. USER WARRANTIES AND RESTRICTIONS
10.1 You represent and warrant that: (a) your use of the Platform and/or Services will not violate any applicable law or regulation; (b) all information that is submitted to Mahaveer Medi Sales in connection with the Platform and/or Services is true, accurate and lawful; (c) use of the content and material you supply does not breach any applicable policies or guidelines of the Platform and will not cause injury to any person or entity (including that the content or material is not defamatory); (d) licensed under the applicable law to trade in the Products. If at any time, the information provided by you is found to be false or inaccurate, Mahaveer Medi Sales will have the right to reject registration, cancel all orders, and restrict you from using the Services and other affiliated services in the future without any prior intimation whatsoever. You agree to indemnify Mahaveer Medi Sales and its affiliates for all claims brought by a third party against it or its affiliates arising out of or in connection with a breach of any of these warranties.
10.2 You will use the Platform for lawful purposes only and will not undertake any activity that is harmful to the Platform or its content or otherwise not envisaged through the Platform. You have a limited license to access and use the Platform, solely for the purpose of availing the Services, subject to these Terms.
10.3 The use of the Platform by you is restricted for commercial purposes only, and you will not use any portion of the Platform (including the contents on the Platform) or Services for any personal purpose.
10.4 You will not: (a) delete or modify any content on the Platform, such as any information regarding the Services, their performance, sales or pricing; (b) use any engine, software, tool, agent or other mechanism (such as spiders, robots, avatars, worms, time bombs etc.) to navigate or search the Platform; (c) make false or malicious statements against the Services, Platform or Mahaveer Medi Sales; (d) post, copy, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise disrupt or damage the Platform and/or Services or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of the Platform and/or the Services; (e) introduce any trojans, viruses, any other malicious software, any bots or scrape for any information available on the Platform; (f) probe, scan, or test the vulnerability of any system, security or authentication measures implemented by us or otherwise tamper or attempt to tamper with our technological design and architecture; (g) hack into or introduce malicious software of any kind onto the Platform; (h) gain unauthorized access to, or interfere with, or damage, or disrupt the server on which the details connected to the Services are stored, or any other server, computer, or database connected to the Services; or (i) engage in any form of antisocial, disruptive, or destructive acts, including "flaming," "spamming," "flooding," "trolling,", "phishing" and "griefing" as those terms are commonly understood and used on the internet, (j) Reverse engineer Mahaveer Medi Sales to create an app /platform to create any technology identical or similar to that of Mahaveer Medi Sales and (k) Use manual or automated software, devices, or other processes to "crawl" or "spider" any part of the Services.
10.5 You are prohibited from hosting, displaying, uploading, modifying, publishing, transmitting, updating or sharing on or through the Platform, any information that: (a) belongs to another person and to which you do not have any right; (b) is harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, invasive of another’s privacy, hateful, relating to or encouraging money laundering or gambling, or otherwise harmful in any manner whatsoever; (c) harms minors in any way; (d) infringes any patent, trademark, copyright or other proprietary rights; (d) violates any law for the time being in force; (e) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; (f) impersonates or defames another person; or (g) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.
10.6 You shall: (a) at all times remain in compliance with all applicable ordinances, codes, standards, laws, rules, regulations and orders of any governmental authority having jurisdiction over you and the sale of Products, and will hold and fully comply with all required licenses, permits and approvals as may be required under applicable laws (including Drugs and Cosmetics Act, 1940 read with the Drugs and Cosmetics Rules, 1945); (b) not sell or purchase Products which are expressly prohibited under applicable laws; and (c) furnish the information as may be required by Mahaveer Medi Sales to evidence compliance with the Terms of Sale and the applicable law in India or anywhere else in the world, in relation to the use of Mahaveer Medi Sales and the Services availed, transactions carried out, as the case may be, under these Terms.
10.7 Performance under these Terms does not and will not conflict with, violate, or result in a breach of any provision of any other contract or agreement to which you may be bound; there are no litigations, actions, claims, disputes or proceedings pending or threatened, which if decided adversely against such you would interfere with the performance of these Terms;
10.8 Performance under these Terms does not and will not conflict with, violate, or result in an infringement of the intellectual property of any third Party;
10.9 You will act fairly and not misuse Mahaveer Medi Sales features or Services that are made available to you under these Terms.
10.10 You are is not subject to sanctions or otherwise designated on any list of prohibited or restricted parties or owned or controlled by such a party, including but not limited to the lists maintained by the United Nations Security Council, the Government of India (e.g., the Ministry of Home Affairs and the Ministry of External Affairs’ List of Banned Organizations, US Government (e.g., the US Department of Treasury’s Specially Designated Nationals list and Foreign Sanctions Evaders list and the US Department of Commerce’s Entity List), the European Union or its member states, or other applicable government authority.
11. INDEMNIFICATION AND LIMITATION OF LIABILITY
11.1 You agree to indemnify, defend and hold harmless Mahaveer Medi Sales, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from and against any and all third- party claims, losses, liabilities, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Platform or the Services, violation of these Terms, or infringement of any intellectual property or other rights of Mahaveer Medi Sales or any third-party, or breach of applicable law. Mahaveer Medi Sales will notify you promptly of any such claim, loss, liability, or demand, and in addition to the foregoing, you agree to provide Mahaveer Medi Sales with reasonable assistance, at their expense, in defending any such claim, loss, liability, damage, or cost.
11.2 To the fullest extent permitted by law, in no event shall Mahaveer Medi Sales or any of its directors, officers, employees, agents or content or service providers (collectively, the "Mahaveer Medi Sales Representatives") be liable to you for any direct, indirect, special, incidental, consequential, exemplary, special, remote or punitive damage, including, but not limited to damages for loss of profits, goodwill, use, data or other intangible losses arising from, or directly or indirectly related to, the use of, or the inability to use the Platform or the content, materials and functions related thereto, the Services, provision of information via the Platform, lost business, even if such Mahaveer Medi Sales Representatives have been advised of the possibility of such damages.
11.3 In no event shall Mahaveer Medi Sales Representatives be liable for: (a) the use or inability to use the Platform and/or the Services; (b) any content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through the Platform; (c) any unauthorized access to or alteration of your transmissions of sensitive personal information or other user data; or (d) any other matter relating to the Platform or the Services.
11.4 Mahaveer Medi Sales is neither liable nor responsible for any actions or inactions of the other users of the Platform or any breach of conditions, representations or warranties by them. Mahaveer Medi Sales is not obligated to mediate or resolve any dispute or disagreement amongst two or more users of the Platform.
11.5 None of the directors, officials or employees of Mahaveer Medi Sales shall be personally liable for any action in connection with the Platform or the Services.
12. ACCESS OUTSIDE THE REPUBLIC OF INDIA
Mahaveer Medi Sales makes no representation that the content on the Platform is appropriate to be used or accessed outside the Republic of India. Any users who use or access the Platform from outside the Republic of India, do so at their own risk and are responsible for compliance with the laws of such jurisdiction. These Terms do not constitute, nor may these Terms be used for or in connection with any promotional activities or solicitation by anyone in any jurisdiction in which such promotional activities or solicitation are not authorized or to any person to whom it is unlawful to promote or solicit.
13. TERM AND TERMINATION
13.1 These Terms shall be effective from the date of their publication on the Platform.
13.2 Mahaveer Medi Sales reserves the right to terminate the Services in the event of breach of any terms contained in these Terms, misrepresentation of information, any unlawful activity by you or if Mahaveer Medi Sales is unable to verify or authenticate any information submitted by you.
13.3 You may terminate these Terms at any time, provided that you discontinue any further use of Platform or Services. However, any such termination shall not cancel your obligation to pay for a Product purchased on the Platform, or any other obligation which has accrued, or is unfulfilled and relates to the period, prior to termination.
14. FORCE MAJEURE
Mahaveer Medi Sales will not be held responsible for any delay or failure to comply with its obligations if the delay or failure arises from any cause which is beyond Mahaveer Medi Sales’s reasonable control.
15. WAIVER
No provision in these Terms will be deemed waived and no breach excused unless such waiver or consent is in writing and signed by Mahaveer Medi Sales. Any consent by Mahaveer Medi Sales to, or waiver of your breach, whether expressed or implied, will not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
16. SEVERABILITY
If any provision of these Terms is held by a court of competent jurisdiction to be unenforceable under applicable law, then such provision will be excluded from these Terms and the remainder of these Terms will be interpreted as if such provision were so excluded and will be enforceable in accordance with its terms; provided however that, in such event, these Terms will be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction.
17. GRIEVANCE REDRESSAL
You may submit any grievance with respect to the or the Services, including with respect to any abuse on the Platform, including any discrepancies or grievances with respect to access or usage of the in violation of these Terms by any person, to the Grievance Officer at:
Name: Puneeth Kumar
E-mail ID: puneeth@mahaveersales.com
Address : Mahaveer Arcade, Sirsi Road, Chamrajpet, Bengaluru Karnataka 560018.
18. GOVERNING LAW AND DISPUTERE SOLUTION
These Terms, all transactions consummated between Mahaveer Medi Sales and you, and the relationship between Mahaveer Medi Sales and you is governed by the laws of India, without reference to any conflict of laws principles and with an exclusive jurisdiction to the courts of Mumbai.
19. AMENDMENT
These Terms are subject to amendments and modifications and may be updated from time to time, without any advance notice. You are requested to regularly review the Terms as available on the Platform. Your relationship with the Platform will be governed by the most current version of these Terms, as published on the Platform.
20. CONTENT GUIDELINES
Mahaveer Medi Sales is providing the Services as detailed in overview of Services above to enable you to post content, price, offers and any other details required for the sale and purchase of Products or Services between You and the Customer through the Platform. You must comply with these Content Guidelines on restricted products in connection with the offering for sale of any products on Platform, powered by Mahaveer Medi Sales.
20.1 User/ Third Party Safety - You shall not (and shall not permit any third party to) publish or undertake to publish any Content on the Platform that constitutes or contains any of the following:
20.1.1 Offensive Content – Any Content/ User Submission that is or has the tendency to be unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity or profane language, or sexual activity and any explicit content with an intent to be sexually gratifying, promotes bigotry, discrimination or violence against any race, religion, caste, belief, ethnicity sexual orientation or behaviour, gender, disability, health condition, criminal record, political bias, creed or country, or is otherwise inappropriate as determined by Us in our sole discretion. The Content/ User Submission should also be compliant with The Information Technology Act, 2000, The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, Indecent Representation of Women and Children Act, 2008 and the Indian Penal Code, 1860 which prohibits reproduction of any content pertaining to obscenity and indecent representation of women in India.
20.1.2 Infringes Third Party Intellectual Property Rights- Any content on the Platform that infringes or has the tendency or threatens to infringe any intellectual property rights including but not limited to patent, trademark, trade secret, copyright, design, geographical indication, right of publicity, privacy rights and/or performer’s rights or any other rights of any third person or any entity without any license or permission or violates any applicable law or contractual duty or obligations of confidentiality;
20.1.3 Fraudulent Information – Any content on Platform that you know or have had knowledge of, to be fraudulent, false, misleading, untruthful or inaccurate;
20.1.4 Impersonates a third party – Any content on the Platform that impersonates any third person or an entity, including any of ours or our affiliate’s employees or representatives or personnel;
20.1.5 Compromises Cyber Safety – Any content that contain, including but not limited to, any software viruses or computer codes, files, worms, logic bombs or programs that are designed and/or intended to disrupt, disable, damage, limit or interfere with the proper functioning of our Services or any software, hardware, or telecommunications equipment or to damage or to obtain unauthorized access to any system, data, password or any of our other information. This shall also include any Content on Platform that constitutes unauthorized or unsolicited advertising, junk or spamming as solely determined by us in our sole discretion;
20.1.6 Third Party Sensitive Personal Information – Any content that includes or has the tendency to include any third party sensitive personal information under the applicable laws, without the prior express consent of such concerned third party;
20.1.7 Breaches Our Privacy Policy – Any content that breaches or has the tendency to breach the terms of our Privacy Policy;
20.1.8 False and Misleading Advertising and Commercial Disparagement - Any Content on the Platform which contains false information and/or direct comparison with any competitor’s goods/services, including but not limited to any content which may confuse or mislead the public with regards to the standard, quality, quantity or grade-composition of any product and shall not grant any unfair advantage over any third-party and not denigrate or discredit the product of a third-party;
20.2 Conditions on Product Listings
20.2.1 Offering, listing, selling, advertising or publishing any information of the followings products are strictly prohibited on Platform: (i) contraband products or items comprising of contraband products;
(ii) counterfeit products or products which are falsely represented as an authorised resale;
(iii) intoxicants, including, drugs, alcohol or products containing intoxicants;
(iv) products containing tobacco, including cigarettes, beedis, or chewing tobacco;
(v) products comprising of human body parts, blood or medical implants;
(vi) products comprising of or claiming to comprise of human hormones or substances which may alter or claim to alter human hormones;
(vii) products which are purport to be miracle cures, including unsubstantiated cures, remedies or other items marketed as quick health fixes;
(viii) erotic products, sex toys or other products intended to be used for the purposes of sex or erotica;
(ix) products containing pornography or objectionable pictures of any person;
(x) products containing objectionable pictures or other contents in relation to minors;
(xi) products containing any content that may deemed to be obscene, violent, offensive or sexual under applicable law and / or basis Mahaveer Medi Sales’ sole judgement;
(xii) arms, ammunition (in whole or in part) or related thereto;
(xiii) imitation firearms airsoft guns, air guns, air weapons, BB guns and other products deemed illegal for sale through e-commerce under applicable laws;
(xiv) weaponry, explosives and offensive weapons, including spear guns, crossbows, mace and black powder;
(xv) pyrotechnics, fireworks, fire crackers, or explosive material of any nature;
(xvi) razors, blades, knives, knife blades, swords, axes, daggers and any products with sharp edges made for the purpose of, or capable of being used for, causing injury; excluding knives manufactured for the use as kitchen knives, folding blades of 3 inches or less which are unlockable or are a part of a multi-tool device, craft and electric carving knives;
(xvii) live animals, insects, or sentient beings of any kind;
(xviii) products which consist of plants, animals, insects or sentient beings of any kind, the offer or sale of which through e-commerce is prohibited or restricted under applicable laws, for instance jewellery consisting of ivory;
(xix) products which are defective or have been recalled by the manufacturer, or maybe potentially recalled, for instance faulty electronic products;
(xx) products imported into India in violation of the applicable laws;
(xxi) cable descramblers or black boxes including devices intended to obtain cable and satellite signals for free or in violation of applicable laws;
(xxii) products or contents which infringe the intellectual property rights of any persons;
(xxiii) products or services which incite, encourage or solicit violence, intolerance, hatred, or any activities prohibited under applicable laws or against public policy, for instance, offensive products that defame or slander any person or groups of people based on race;
(xxiv) products that are prohibited for being offered, shipped or sold under applicable laws, for instance products in connection with child pornography;
(xxv) products that are against public policy, for instance products promoting terrorist activities;
(xxvi) products that are prohibited or restricted from offer or sale through e-commerce, or any products which contains ingredients which are prohibited or restricted, for instance products containing banned narcotics;
(xxvii) pharmaceuticals, medicinal drugs, medicines or any products deemed to be medicines / medicinal under applicable laws;
(xxviii) medical appliances or devices or products of similar nature;
(xxix) surveillance product having night vision;
(xxx) any other product that Mahaveer Medi Sales may deem unfit for the purpose of offer, listing, shipping, or sale through Platform, powered by Mahaveer Medi Sales.
20.2.2 You will require prior consent of Mahaveer Medi Sales to list or offer any of the following products or services through Platform: (i) products purporting to be or likely to be construed as the official merchandise of the Government of India or any Indian State Government, or any other sovereign Government or products, for instance an uniform issued by an Indian State Government to its employees;
(ii) products that have been used prior to their listing or sale through Platform;
(iii) products which by their nature require any license, certification or any other permit under applicable laws to be listed, offered or sold on Platform, for instance food products without appropriate certifications and labelling as required under the Food Safety and Standards Act, 2006;
(iv) tickets or entry passes to any concerts, movies, or events of any nature;
(v) surveillance products, including products intended to be used for the purpose of monitoring, tracking, or observing persons or things; and / or
(vi) any other product, as may be prescribed from time to time.
The consent from Mahaveer Medi Sales shall be obtained by sending a mail at: puneeth@mahaveersales.com. Mahaveer Medi Sales may request you to provide documents such as registration details and licenses while considering your request to list the products discussed in 17.2.2 above.
20.3 Condition on provision of services
20.3.1 Any Content/User Submissions pertaining to the products/services below are strictly prohibited for the use of our Services: (i) Any narcotic drugs and psychotropic substances including illicit drugs, prescription drugs, recreational drugs and performance enhancing drugs or any other substances prohibited under the Narcotic Drugs and Psychotropic Substances Act 1985;
(ii) Health care products or devices such as abortion medical services and sex determination kits which may be identified as unsafe and prohibited under the applicable law;
(iii) Weapons, ammunition, explosives, air guns, artillery including arms, any type of edged tools resulting in affliction including daggers, swords, serrated objects, knives or any item/ product which may or has the tendency in aiding any penal, illegal or unlawful activity;
(iv) Any services relating to prostitution, escort services or adult (cross-gender) massage;
(v) Any Services relating to promotion of child labour or any form of slavery;
(vi) Any advertisements that discriminates or has the tendency to discriminate individuals on the basis of race, caste, creed, ethnicity, sexual orientation, religion or belief;
(vii) Any product which relates to the sale or trading or promotion of sale of any animals or plants or parts thereof, living or dead, including but not limited to any ivory and ivory products, reptile skins and/or trade of endangered species of animals or plants as prohibited under the Wildlife (Protection) act, 1972 and the rules thereunder;
(viii) Any services which relates to unlicensed sale of any user database;
(ix) Any services or products which relates to fraudulent education, experience or registration certificates;
(x) Any products which contains part of human organs, blood, bodily fluids, or remains including donation or sale of human organs or tissue;
(xi) Any product and/or services which relates to pornography / sale or promotion of obscene materials (including child pornography) in any form (print, audio/video, MMS, images, photographs, etc.);
(xii) Any product which is deemed to be stolen property or which is pirated or counterfeit;
(xiii) Any product or service, which relates to gambling, betting or its promotion thereof.
20.3.2 Any content Content/ User Submissions pertaining to the products/services below are not supported by our Services: (i) Any services relating to sale or promotion of securities, insurance and/or mutual funds products or any kind of financial securities;
(ii) Any services, including those provided by:
a. Medical practitioners and services including surrogacy, weight loss services, adoption of babies, veterinary drugs for animals, Ayurvedic Medicines, sale of prescription drugs;
b. Advocates;
c. Architects;
d. Chartered accountants;
e. Company Secretaries;
f. Services for admissions including direct & indirect admissions in colleges/universities/ institutes;
g. Consultancy Services;
(iii) Any services for obtaining licenses, ration cards, passports or other government-issued personal documents;
(iv) Dating and matrimonial services;
(v) Any services for providing tickets/vouchers/passes for any events, games, matches or concerts, lottery tickets, sweepstakes entries, subscriptions, etc;
(vi) Any services operating on behalf of charity or non-profit organizations including fundraising for a cause, free services of any kind with no clearly defined benefits or charity or voluntary giving of help or products for free;
(vii) Any services relating to astrology or related services;
(viii) Any product or services relating to sale or promotion of alcoholic drinks, e-Cigarettes and tobacco Products;
(ix) Any products or services which relates to chemicals, specifically hazardous materials including acid, fireworks, explosives, flammable adhesives, poison, hazardous chemical, oil-based paint and thinners (flammable liquids), industrial solvents, insecticides & pesticides, machinery (containing fuel), Fuel for camp stoves/lanterns/heating elements, infectious substances etc;
(x) Any product which relates to sale or promotion of cryptocurrency including bitcoin, litecoin, bitcoin mining rigs & affiliated services/products;
(xi) Any products which relates to sale of liquefied petroleum gas - domestic or commercial, CNG or any other gas cylinders;
(xii) Any products which relates to sale or promotion of incorrect maps and geography;
(xiii) Any products which relates to used cosmetics, undergarments, personal hygiene & grooming items;
(xiv) Any products or services which relates to the sale of or promotion of online education;
(xv) Any sale of animals (including as pets) as prohibited under the Prevention of Cruelty to Animals (Pet Shop) Rules, 2018;
(xvi) Any product and or services containing radioactive materials in whole or in parts thereof; or
(xvii) Any other products and services, which we may regard as ‘Unsupported’ in relation to the Services.
20.4 Consequences For Violation
20.4.1 Violation of the Restricted Products Policy may entitle us to take any of the following actions against you: (i) terminate your account with Mahaveer Medi Sales;
(ii) suspend your account with Mahaveer Medi Sales for such period as decided by Mahaveer Medi Sales;
(iii) remove the particular listing;
(iv) restrict your access and use of Platform, including imposing restrictions on your listing of Products;
(v) notify the violation to relevant authorities; and / or
(vi) any other action available under applicable laws, the Terms of Sale or other policies and / or instructions prescribed by Mahaveer Medi Sales.
20.5 Conditions For Using the Platform
20.5.1 As a seller, it is your responsibility to ensure that each listing or offer, services placed by you on the Platform is as per the terms of the Content Guidelines and the Terms of Use, which may be updated by Mahaveer Medi Sales from time to time.
20.5.2 It is also your responsibility to ensure compliance with all applicable laws, including, maintenance of licenses, registrations, permits as may be required for the offer or sale of the Products (including each ingredient and component) or Services being offered or listed by them on Platform.
20.6 Reporting Other Users
20.6.1 If you believe that another user is / could be in breach of the Content Guidelines, you may immediately inform our Grievance Officer at: puneeth@mahaveersales.com.
20.6.2 The Grievance Officer should be provided with a short statement of the suspected breach (whether current or potential) along with proof, such as screenshots, establishing the breach.
20.6.3 Mahaveer Medi Sales may, at its discretion, subject to applicable law, take action against such breaches reported by you. Additionally, Mahaveer Medi Sales also reserves the right to take action against sellers who raise frivolous or ill-intended complaints of breach.
21. MISCELLANEOUS
21.1 In addition to these Terms, you will also ensure that you are in compliance with the terms and conditions of the third parties, such as bank offers, terms and conditions, brand promotional offers, whose links, if any, are contained/embedded in the Services. You agree that Mahaveer Medi Sales will not be liable for any transaction between you and any such third parties.
21.2 These Terms supersede all previous oral and written terms and conditions (if any) communicated to you by Mahaveer Medi Sales for the use of the Platform, and the rights and liabilities with respect to any Services to be provided by Mahaveer Medi Sales shall be limited to the scope of these Terms.
22. GOVERNING LAW AND DISPUTE RESOLUTION
You and Us shall endeavour to amicably, through discussions, settle and resolve any dispute or difference arising out of or in relation to this Agreement ("Dispute") within 15 (fifteen) days from the commencement of such Dispute. In case of such failure, the Dispute shall upon the expiry of the aforesaid period, be referred to e-arbitration to be conducted by a sole arbitrator, who shall be jointly appointed by the you and us from the panel of available e-arbitrators. All arbitration proceedings may be conducted through mode available on the internet or any other information and communication technology (including but not limited to video call system, telephone or mobile, fax, e-mail facilities) which can be beneficially used to solve disputes. All Arbitration proceedings shall be held in accordance to the provisions of Arbitration and conciliation Act, 1996. The Language of Arbitration shall be English. The arbitral award shall be final and binding on the Parties. The award may include costs, including reasonable advocates’ fees and disbursements.
Subject to the arbitration clause above, the Parties agree to submit to the exclusive jurisdiction of competent courts at Mumbai, India.
23. ANTI BRIBERY AND ANTI CORRUPTION
You will comply with all applicable anticorruption laws, including, to the extent applicable to you and any other Indian law including Indian Penal Code, 1860 and Prevention of Corruption Act, 1988. You will not, directly or indirectly, offer or pay anything of value (including gifts, travel, entertainment expenses, and charitable donations) to any official or employee of any government, government agency, political party, or public international organization, or any candidate for political office, to (a) improperly influence any act or decision of such official, employee, or candidate for the purpose of promoting the business interests in any respect, or (b) otherwise improperly promote the business interests in any respect, in each case in violation of applicable law. You will retaliate against anyone who has, in good faith, reported a possible violation of this Section or refused to participate in activities that violate this Section to the extent prohibited by applicable law.
24. AUDIT
We may, on our own or by engaging a third party at our own expense and upon our request thereof to you, audit, inspect or examine any records, invoices and/or other data or documents of that are necessary to establish your compliance or non-compliance with this Term and/or the Services that are availed from us and you will provide all assistance as may be reasonably requested by us. If such audit, inspection or examination establish non-compliance by you, We shall have the right to forthwith either terminate this Term and/or the Services or suspend the obligations under this Agreement and require you to cure such non-compliance within the prescribed timelines. You undertake to maintain the records relating to the transactions/Services under this Agreement during the term and thereafter for a period of 8 (eight) or time prescribed under the applicable laws, whichever is more.