Terms & Conditions
ACKNOWLEDGEMENT AND ACCEPTANCE OF THE TERMS OF SERVICE
Welcome to Diamond, a shopping platform owned and controlled by Diamond Healthcare Products Pvt. Ltd., Pune. This page states the Terms and Conditions under which you may use this website. Please read this page carefully. If you do not accept the Terms and Conditions stated here, do not use the website. These terms and conditions are an agreement by which you (the "User" / “Customer”) can use the Website / Platform to request and/or purchase certain products or services. User may use the Platform for such purposes only pursuant to the express terms and conditions of this Agreement. Please review these terms carefully. By accessing or using the Website / Platform, the User hereby signifies and confirms his/ her/ it’s unconditional assent and acceptance to this Agreement and to all terms and conditions. By using Diamond you are agreeing to be bound by these terms of service. These Terms and Conditions, together with the privacy policy, and other rules and policies posted on the site, constitute the entire agreement between you and Diamond with respect to your use of the site, and they supersede all prior communications, proposals, and terms and conditions between you and Diamond with respect to this site. Any rights not expressly granted in these Terms and Conditions are reserved.
Diamond reserves the right to change these Terms and Conditions at any time without notice and with immediate effect. Each visitor agrees to review the website regularly for changes in the Terms and Conditions.Diamond may modify or update these terms and conditions or its Policies from time to time. Diamond will update the "last updated" date at the top of this page upon modification. The Client's continued use of the Platform following posting of any changes shall constitute Client's acceptance of such changes, update or modifications. If Client does not agree to any of the modified terms or any future terms, Client should refrain from using or accessing the Website / Platform.
APPLICABLE LAW
This website is created and controlled by Diamond and therefore Diamond hereby reserves the right to make changes to the website and the terms, conditions, and disclaimers at any time and without information to the customers/users of the services/website of Diamond. The Laws of India are applicable to all transactions and all disputes are subject to the exclusive jurisdiction of Courts at Pune, Maharashtra.
DEFINITIONS
"Agreement" means the terms and conditions as detailed herein along with the privacy policy. It will include the references to this agreement as amended, negated, supplemented, varied, or replaced from time to time.
"Website” means the online shopping platform and the services provided by it and its affiliates owned and operated by Diamond - the Company ‘Diamond Healthcare Products Pvt. Ltd.’.
"Product/s" means the goods, services promoted/displayed on the website and offered for any use/sale.
"Customer" / "buyer” shall mean the person or any legal entity who accepts the offer for sale ofDiamond products by placing an order for andpurchases any product offered for sale on this Website.
"User" / "you" means and includes any person or any legal entity using or accessing the services provided on this Website.
ELECTRONIC COMMUNICATION
User consents to receiving communications from Diamond electronically. Diamond will communicate with you by e-mail or by posting notices on this Website.
The User to provide correct and accurate contact details for communication.
ONLINE SHOPPING
Diamond expressly disclaims any warranties or representations express or implied in respect of quality, safety, merchantability, fitness for a particular purpose, or legality of the products listed and transacted on Diamond. Only the warranty provided with the product, if any, will be applicable. You further agree and undertake that you are accessing the products and / or the services available on this Website and transacting at your sole risk and are using your best and prudent judgement before entering into any transaction through this Site.
Diamond is not responsible for the unsatisfactory or delayed performance of services or damages or delays as a result of items, which are out of stock, back ordered, returned undelivered, or otherwise unavailable. All items are offered only for a restricted time and only for the available supply/till stock lasts.
Diamond accepts no liability whatsoever for any errors or omissions or loss caused to User whether on behalf of itself or third parties.
All orders shall be pre-approved with an acceptable method of payment as established by Diamond which may call for and require additional verification or information.
The address at which delivery of the product/s ordered by you is/are to be made should be correct and proper in all respects.
After the receipt of payment from you, Diamond shall arrange for the delivery of the products / services at the shipping address provided by you.
Any and all orders placed by you on this Website are a firm commitment to purchase and you are obligated to complete the transaction and not contest it in any way.
Before placing an order, you are advised to check the product description carefully. By placing an order for a product, you agree to be bound by the conditions of sale included in the item's description.User shall not be entitled to claim refund for reason of error on selection.
All prices, unless indicated otherwise are in Indian Rupees (INR).
SERVICES
Diamond will provide after sales services for a price with respect to products chosen by Diamond. These services may include regular servicing of equipment, calibration, etc. related to the product. The cost of repairs, spares and servicing shall be as fixed by Diamond from time to time.
All services shall be pre-approved with an acceptable method of payment as established by Diamond which may call for and require additional verification or information.
Payment for Products and / or Services:
The User / Customer shall be liable and responsible to pay for all the services availed at the Website. The User / Customer client shall be eligible for availing the products / services only upon payment of all charges as prescribed on the Website for the selected products or services.
ELIGIBILITY AND REGISTRATION
Only parties that can lawfully enter into and form contracts under applicable law may use the Website. By accepting the terms and conditions of this Agreement, the User hereby represents and warrants that the User is legally qualified and is eligible to enter into contracts, and to thisextent such acceptance of the terms of this Agreement via the Website, is made on behalf of the User, the individual making such acceptance is duly authorized to bind the User to the terms. The individual User certifies that he/she is at least 18 (eighteen) years of age.
Diamond reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at their sole discretion.
The user of Diamond is required to register. The User agrees and undertakes at all times to be responsible for maintaining the confidentiality of the password and user ID, and shall be fully responsible for all activities that occur by use of such password or user ID. Further, the User agrees not to use any other party's user ID and Password for any purpose whatsoever without proper authorization from such party.
The user is responsible for the security of the User’s password and for all transactions undertaken using the User’s password through our service. The user confirms that he/she is the authorized holder of the credit card / debit card or the original account holder used in the transactions under this Website.
Diamondshall not be responsible for any financial loss or inconvenience resulting from the misuse of the user’s ID/password/credit card or debit card /bank account details/ any other payment methods including e-wallets etc., for using Diamond.
The user also agrees and undertakes to immediately notify Diamond of any unauthorized use of the user's password or user ID and to ensure that the user logs off at the end of each session at the Website. Diamond shall not be responsible for any, direct or indirect, loss or damage arising out of the user's failure to comply with this requirement.
As a part of the registration process, you agree to provide Diamond with current, complete, and accurate information as prompted to do by the Service and to maintain and update this information as required keeping it current, complete, and accurate.
If you provide any information that is untrue, inaccurate, not current, or incomplete,Diamond has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete.Diamond has the right to indefinitely suspend or terminate your membership and refuse to provide you with access to the Website.
CREDIT CARD / DEBIT CARD DETAILS
You understand, you agree and you confirm that the credit card / debit card details provided by you for availing of the services on Diamond are correct and accurate and you shall not use a credit card / debit card that is not lawfully owned by you. You further agree and undertake to provide the correct and valid credit card details to Diamond.Diamond shall not be responsible for any, direct or indirect, loss or damage arising out of the user's failure to comply with this requirement.
SUSPENSION DUE TO NON-COMPLIANCE WITH AGREEMENT
Notwithstanding other legal remedies that may be available,Diamond may in its sole discretion, limit User activity by immediately removing user listing either temporarily or indefinitely or suspend or terminate user membership, and/or refuse to provide the user with access to the site if:
The user is in breach of any of the terms and conditions of this agreement and/or the terms and conditions of usage of Diamond. The user has provided wrong, inaccurate, incomplete, or incorrect information; your actions may cause any harm, damage, or loss to the other Users or Diamond.
Illegal and/or unauthorized use of the service, including unauthorized framing of or linking to the Diamond site, will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.
INDEMNITY
You agree to indemnify, defend, and hold harmless Diamond, its affiliates, and all of their employees, agents, officers, directors, proprietors, partners, representatives, shareholders, servants, attorneys, accountants, predecessors, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys' fees and litigation expenses) relating to or arising from your use of this Website or any breach by you of these Terms and Conditions.
This clause shall survive the expiry or termination of this Agreement.
DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY
"We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, because of reasons of the Cardholder or the card issuing bank."
TAXES
Diamond will charge product-wise final price to the customer inclusive of taxes, and the taxes as applicable by law shall be charged and the customer shall pay all / any such taxes.
RISK OF LOSS
The risk of loss and title for items purchased by you pass to you upon Diamond’s delivery of the items to the carrier pursuant to Diamond’s standard terms of sale.
Warranty, Replacements and Repairs;
Each product purchased shall carry product-wise warranty as may be stipulated by Diamond from time to time.
Expenses for repairs or replacement due to a manufacturing defect in a product during ongoing warranty period and replacement if any will be at the cost of Diamond. However, all costs, expenses, replacements post-warranty period shall be liability of the customer and services shall be provided after advance payment to Diamond.
Diamond shall have right to ascertain and decide the cause of defect and free replacement under warranty is applicable only for manufacturing defects and for no any other reason.
Customer is not eligible for free replacement or repairs if the defect is not a manufacturing defect, but which may be caused due to mishandling, etc. of the products.
FORCE MAJEURE
Diamond shall have no liability to you for any interruption in delivery of items etc. or delay in access to the Website irrespective of the cause.
In the event that either Party is prevented from performing, or is unable to perform, any of its obligations under this Agreement due to any cause beyond the reasonable control of the Party invoking this provision (including, without limitation, for causes due to war, fire, earthquake, food, hurricane,event of a Pandemic/epidemic/Plague etc. and the consequent “lockdown” implemented and/or any allied restrictions imposed by the Government or other Public Authority under various applicable acts including Disaster Management Act, 2005 or any amendments thereto and any other allied acts of governmental authorities whether by regulation, administrative action or otherwise, shortage of materials, riots, acts of God, telecommunications outage not caused by the obligated Party, internet failure or other similar causes) ("Force Majeure Event"), the affected Party's performance will be excused and the time for performance will be extended for the period of delay or inability to perform due to such occurrence; provided that the affected Party: (a) provides the other Party with prompt notice of the nature and expected duration of the Force Majeure Event; (b) uses commercially reasonable efforts to address and mitigate the cause and effect of such Force Majeure Event; (c) provides periodic notice of relevant developments; and (d) provides prompt notice of the end of such Force Majeure Event.
INTELLECTUAL PROPERTY
DIAMOND, its Affiliates or licensors own all right, title and interest in and to any and all software, copyright, trademark rights, patent rights, database rights and other intellectual property or other rights in and to the Website / Platform and its components and any improvements, design contributions, updates, or derivative works thereto, and any knowledge or process related thereto and/or provided hereunder. Customer and / or Usershall not have any right, title or interest in or to use the Website / Platform, save for the limited license granted hereunder.
Subject to the terms and conditions of this Agreement, Diamond grants to User a limited non-exclusive, non-transferrable right and license, solely for its purchase purposes to: (a) use the Platform; and (b) permit its Authorized persons to access and use the Platform. “Authorized Person" means one individual natural person, whether an employee, contractor, or agent of User who is registered by User to use the Platform. An Authorized person must be identified by a unique email address and user name, and two or more persons may not use the Platform as the same Authorized Person and must be employee of the User. User shall ensure that its Authorized Persons comply with the terms of this Agreement and use the Website Platform correctly and for its intended purpose and the User shall be responsible for any act or omission of any of its Authorized Persons, including, without limitation, a breach of this Agreement by any of its Authorized Person, as if such act, omission or breach was its own.
The User must not use any part of the materials on the Website for commercial purposes without obtaining a licence to do so from Diamond.
User is permitted to take printout of the any page of the Website for your reference and not for any other purposes. User shall not modify the materials in any manner and shall not copy or use the Website content including design, illustrations etc.
DISCLAIMERS
Except as expressly set forth in this agreement, the Website / platform is provided on an "as is" and "as available" basis. Diamond makes no other representations or warranties of any kind, express or implied in fact or by operation of law, or statutory, as to any matter whatsoever, including without limitation: any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement, or any warranty arising from course of dealing or usage of trade. Diamond does not warrant that the platform or the services will meet client's requirements, will always be available, accessible, uninterrupted, timely, secure, or operate without error.
Notwithstanding anything to the contrary stated in this agreement, in no event will Diamond's aggregate liability to user / customer for any and all claims, costs, damages, expenses (including reasonable professional fees and expenses), demands, fines, or other losses of any nature whatsoever ("losses") arising out of or related to this agreement or the provision of services ordered through the platform, whether based on contract, tort, negligence or any other theory of liability, exceed the lesser of the aggregate amount of transaction fees actually collected by Diamond for the products / services to which the liability relates during the six (6) month period immediately preceding the determination of such liability.
We use our best endeavours to ensure that the Websites we select for inclusion in Website work and continue to work properly; that their content remains acceptable and useful; and that their operation will not be injurious to our users' PCs.
We explicitly disclaim, and will not accept any responsibility for any of the following in respect of the sites that we link to:
- Infection by computer viruses
- Damage caused by downloaded software
- Technical problems, failures and speed of operation
- Libellous or illegal material
If any part of this Agreement is found to be illegal, unenforceable, or invalid, the remaining portions of this Agreement will remain in full force and effect and the application of such provision to other persons or circumstances will be interpreted so as reasonably to effect the express intent of the parties hereto. The parties further agree to replace such void or unenforceable provision of this Agreement with a valid and enforceable provision that will achieve, to the extent possible, the economic, business and other purposes of such void or unenforceable provision.
Waiver:
Diamond shall not be considered to have waived any of its rights or remedies described in this Agreement unless the waiver is in writing and signed by such party. No delay or omission by Diamond in exercising its rights or remedies hereunder will impair or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. Diamond’s failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of right to subsequently enforce such provision or any other provisions of this Agreement.
Jurisdiction and Choice Of Law:
Unless otherwise specified, the materials in our Websites are presented to provide information about Diamond and its products.
This agreement shall be governed by and to be interpreted in accordance with laws of India, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree, in the event of any dispute arising in relation to the Terms and Conditions or regarding your use of Website or any dispute arising in relation to the site whether in contract or tort or otherwise, to submit to the jurisdiction of the courts located at Pune, Maharashtra, India for the resolution of all such disputes.
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