Terms and Conditions
Welcome to JAYPEEDENT!! This Website is managed and operated by Jaypee General Agencies, whose registered office is in Calicut, Kerala, India.
The terms and conditions as set out herein (“Terms”) constitutes an agreement between Jaypee General Agencies, a company incorporated under the laws of India, which manages and operates an online marketplace at www.jaypeedent.com under the brand name Jaypee Dent(collectively referred to as the “Platform”) and a natural or legal person who accesses and/or uses the Platform in any manner (“you” or “your”) or uses any current or future service or functionality or offer made available on the Platform (“Service(s)”), as updated from time to time.
By using the Platform, you expressly agree to be bound by the Terms. If you do not agree with any of the Terms, please do not use the Platform. Please note that your access to the Services, other Platforms or utilisation of Products (defined below), offers or promotions about the Products and services as may be provided by us or our affiliates, may be governed by other terms and conditions, policies or guidelines (“Additional Terms”) along with these Terms. If these Terms are inconsistent with any Additional Terms, the Additional Terms will control to the extent of such inconsistency concerning the applicable Service or utilisation of the Product. These Terms govern your use of the Platform and transaction or dealings thereon.
For these Terms: (a) “Platform” means https://www.jaypeedent.com, digital mode provided by us, on which you may avail the Services and includes applications controlled and managed by us. (b) “Products and Services” shall mean dental materials, consumables and devices as governed by MDR 2017, INDIA, and classified or to be classified under class A and B (NOT class C & D) offered for sale to you on the Platform; and (c) ‘Doctor/registered dental practitioners’ shall mean any person permitted to practice medicine by the DCI (Dental Council of India) or any regional council practitioners duly authorized by the government.
These Terms are divided into 2 (two) parts. Please carefully read all the parts to understand the conditions applicable in case of usage of the Platform and for purchase of Products thereof.
PART A – TERMS AND CONDITIONS FOR USAGE OF THE PLATFORM
1.1 The terms and conditions for usage of the Platform as set out herein (“Terms and Conditions”) specifically govern your access and use of the Platform, which provides a forum for you to inter alia enables you to discover, select and buy Products listed on the Platform at the indicated price at any time, from the locations serviceable by us.
1.2 Please note that we may from time to time change the Terms and Conditions that govern your use of the Platform. Every time you wish to use our Platform, please check these Terms and Conditions to ensure you understand the Terms and Conditions that apply at that time. Further, please note that we reserve the right to either change the format and the content of the Platform or suspend the operation of the Platform for support or maintenance work, to update the content or for any other reason, at any time.
1.4 This document is an electronic record in terms of the Information Technology Act, 2000 and rules made thereunder as may be applicable, and the amended provisions about electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
1.5 We authorise you to view and access the Platform solely for identifying Products, carrying out purchases of Products and processing returns and refunds, following Return and Refund Policy, therefore, granting you limited, revocable permission to access and use the Services.
1.6 By accepting this Agreement, you affirm that you are 18 (Eighteen) years of age or above and are fully competent to enter into this Agreement and to abide by and comply with this Agreement. If a user is below 18 (Eighteen) years of age Agreement, In the event we are made aware that a user is under the age of 18 and is using/browsing the Platform we reserve the right to deactivate such user’s account without further notice. Further, if you are using the Services on behalf of a company or an organisation, you represent that you have authority to act on behalf of that entity and that such entity accepts this Agreement.
REGISTRATION OF YOUR ACCOUNT
2.1 To purchase products or avail of the Services on the Platform and to use certain features of the Platform (e.g. ordering Products, posting rating/reviews, receiving our e-newsletters), you must set up an account with the Platform and provide certain information about yourself as prompted by the customer information form, including, your name, gender, email address, an account password, mobile phone number and billing/shipping address. You will be eligible to further access after providing the necessary details as may be required by us at the time of your registration. 2.2 You are solely authorized to operate the account created by you. Consequently, it is your responsibility to maintain the confidentiality of the login credentials of your account on the Platform and to restrict 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.
2.3 You will: (a) immediately inform us 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. We, our employees, agents, directors and officers will not be liable for any loss or direct or indirect damage arising from your failure to comply with these Terms and Conditions. You may be held liable for any losses incurred to us or any other user due to unauthorized use of their account by you. We reserve the right to refuse access to the Platform, terminate accounts, remove or edit content at any time without notice to you.
2.4 You represent and warrant that the information you submit during registration is truthful and accurate and that you will maintain the accuracy of such information.
2.5 It is your responsibility to keep your email address up-to-date on your account setup at the Platform so that we can communicate with you electronically.
COMMUNICATION AND UNSUBSCRIPTION
3.1 By accepting the Terms and Conditions, 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, newsletters and other notifications from us at any time by following the instructions set out in such communications.
DISCLAIMER OF WARRANTIES, INACCURACIES OR ERRORS
4.1 Nothing contained herein is to be construed as a recommendation to use any Product, process, equipment or formulation, in conflict with any patent, or otherwise and we make no representation or warranty, express or implied that the use thereof will not infringe any patent, or otherwise.
4.2 We do not covenant or provide any representations and warranties.
4.3 In respect of quality, suitability, accuracy, reliability, performance, safety, merchantability, fitness for a particular purpose/consumption or the content (including Product or pricing information and/or specifications) on the platform.
4.4 That the Services will be made available at all times.
4.5 That the operation of the Platform, including the functions contained in any content, information and materials on the Platform or any third-party sites or services linked to the Platform will be uninterrupted, or that the defects will be rectified, or that the platform or the servers that make such content, information and materials available are free of viruses or other harmful components.
4.6 THIS PLATFORM AND THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “WHERE-IS” BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES. WE, FOR OURSELF AND ANY THIRD-PARTY PROVIDING MATERIALS, SERVICES, OR CONTENT TO THIS WEBSITE, MAKE NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, CONCERNING THE PLATFORM, THE INFORMATION OR ANY PRODUCTS OR SERVICES TO WHICH THE INFORMATION REFERS. WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING FROM OR CONNECTED WITH THE SITE, INCLUDING BUT NOT LIMITED TO, YOUR USE OF THIS SITE OR YOUR INABILITY TO USE THE SITE, EVEN IF WE HAVE PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
4.7 Disclaimer -To the extent permitted by applicable law, We, agents, employees and directors, disclaim 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.
AVAILABILITY AND ACCESSIBILITY OF THE PLATFORM
5.1 We control and operate this Platform from India and makes no representation that the materials and the content available on the Platform are appropriate to be used or will be available for use in other locations outside India. If you use this Platform from outside India, you are entirely responsible for compliance with all applicable local laws. These Terms and Conditions do not constitute, nor may these Terms and Conditions 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.
5.2 Information that we publish on the Platform may contain references or cross-references to our Products, Programs and Services that are not announced or available in your region. Such references do not imply that we intend to announce such products, programs or services in your region.
5.3 We constantly monitor the user’s account to avoid fraudulent accounts and transactions. Users with more than one account or availing referral vouchers fraudulently shall be liable for legal actions under law and we reserve the right to recover the cost of goods, collection charges and lawyer fees from persons using the Platform fraudulently. We reserve the right to initiate legal proceedings against such persons for fraudulent use of the Platform and any other unlawful acts or omissions in breach of these Terms and Conditions. In the event of detection of any fraudulent or declined transaction, before initiation of legal actions, we reserve the right to immediately delete such account and dishonour all past and pending orders without any liability. For this clause, we shall owe no liability for any refunds.
THIRD-PARTY INTERACTION AND LINKS TO THIRD PARTY SITES
6.1 The content on the Platform includes all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, design documents, and artwork is our content (hereinafter referred to as ‘Content’). The Platform may contain links to/ content of third party websites that are not associated with us. We have no control over any third-party user-generated content as we are merely an intermediary for those content.
6.2 Other than that when expressly allowed, any use of our Content and it being reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or another medium for publication or distribution or any commercial enterprise, without our express prior written consent is not allowed.
6.3 We are the owners of the CONTENT on THE PLATFORM. Any use of the content without written permission is prohibited and liable under the governing laws.
PRESCRIPTION MEDICATION POLICY:
7.1 We do not promote/sell any prescription drugs or medicines. Our sale is limited to dental materials and devices.
7.2 The Platform shall not dispense any dental materials and devices to firms without a valid licence from local drug controllers. The buyer has to be qualified or competent as prescribed by law to buy the merchandise from our platform.
COPYRIGHTS IN JAYPEEDENT CONTENT
8.1 The Platform contains material, including text, graphics and sound, which is protected by copyright and/or other intellectual property rights (“JAYPEEDENT Content”). All copyright and other intellectual property rights in the Jaypee Dent Content are either owned by us or have been licensed to us by the owner(s) of those rights so that it can use the JAYPEEDENT content as part of the Platform. We retain copyright on all Information, including text, graphics and sound and all trademarks displayed on the Platform is, either owned by us or licensed to us.
8.2 You may use and display the JAYPEEDENT Content on your personal computer only for your personal use subject to the grant of a limited, revocable, personal, non-exclusive and non-transferable license to you by us. You will register on the Platform, for identifying Products, carrying out purchases of Products and processing returns and refunds following our Return and Refund Policy and for using and printing copies of the information on the Platform for your personal use and storing the files on your computer for personal use only and not for business purposes.
8.3 You may not: (a) copy (whether by printing off onto paper, storing on disk, downloading or in any other way), distribute (including distributing copies), download, display, perform, reproduce, distribute, modify, edit, alter, enhance, broadcast or tamper with in any way or otherwise use any JAYPEEDENT Content contained in the Platform. These restrictions apply concerning (a) all or part of the JAYPEEDENT content available on the Platform; (b) copy and distribute the Information on any other server, or modify or re-use text or graphics on this system or another system; (c) reproduce any part of the Platform or sell or distribute the same for commercial gain nor shall it be modified or incorporated in any other work, publication or web site, whether in hard copy or electronic format, including postings to any other web site; (d) remove any copyright, trademark or other intellectual property notices contained in the original material from any material copied or printed off from Platform; or (e) link any other material to the Platform, without our express written consent.
8.4 The license granted to you does not include a license for (a) resale of Products or commercial use of the Platform or JAYPEEDENT Content, (b) any collection and use of product listings, description, or prices, (c) any use of Platform, the Services and/or of Reliance Content other than as contemplated in these Terms and Conditions, (d) any downloading or copying of login credentials of the user, (e) any use of data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) any parts of Platform, and (f) creating and/ or publishing your database that features parts of the
All the trade names associated with us and all Products and logos denoted with TM are our trademarks or registered trademarks or belonging to our affiliates. Our trademarks may not be used in connection with any product or service that is not our product or service.
USER WARRANTIES AND RESTRICTIONS
9.1 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 us 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 Agreement and will not cause injury to any person or entity (including that the content or material is not defamatory). If at any time, the information provided by you is found to be false or inaccurate, we will have the right to reject the 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 us and our 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.
9.2 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 to avail the Services, subject to these Terms and Conditions.
9.3 You will not do any of the following:
9.3.1 Delete or modify any content on the Platform, such as any information regarding the Services, their performance, sales or pricing;
9.3.2 Use any engine, software, tool, agent or another mechanism (such as spiders, robots, avatars, worms, time bombs etc.) to navigate or search the Platform;
9.3.3 Make false or malicious statements against the Services, Platform or us;
9.3.4 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;
9.3.5 Introduce any trojans, viruses, any other malicious software, any bots or scrape the Platform for any information;
9.3.6 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;
9.3.7 Hack into or introduce malicious software of any kind onto the Platform;
9.3.8 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
9.3.9 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.
9.3.10 You are prohibited from hosting, displaying, uploading, modifying, publishing, transmitting, updating or sharing on or through the Platform.
INDEMNIFICATION AND LIMITATION OF LIABILITY
You agree to indemnify, defend and hold us harmless our affiliates, officers, directors, employees, agents, and representatives from and against any 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 and Conditions, or infringement of any of our or any third party intellectual property or other rights. We will notify you promptly of any such claim, loss, liability, or demand, and in addition to the foregoing, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
We 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 our reasonable control.
No provision in these Terms and Conditions will be deemed waived and no breach excused unless such waiver or consent is in writing and signed by us. Any consent by us 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.
If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be unenforceable under applicable law, then such provision will be excluded from these Terms and Conditions and the remainder of these Terms and Conditions will be interpreted as if such provision were so excluded and will be enforceable following its terms; provided that, in such event, these Terms and Conditions will be interpreted 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.
These Terms and Conditions 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 and Conditions as available on the Platform. Your relationship with the Platform will be governed by the most current version of these Terms and Conditions, as published on the Platform.
10.1 In addition to these Terms and Conditions, 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 we will not be liable for any transaction between itself and any such third parties.
PART B – TERMS AND CONDITIONS OF SALE ON THE PLATFORM
The terms and conditions of sale as set out herein (“Terms of Sale”) constitute an agreement between Us and You and govern the terms and conditions on which you purchase your Products from us on or through the Platform. By placing an order for any Product with us or making a purchase of Product, you expressly agree to be bound by these Terms of Sale.
These Terms of Sale are in addition to the Agreement. These Terms of Sale constitute an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures.
OUR CONTRACT OF SALE
1.1 Listing and display of a Product by us on the Platform is our invitation to you to make an offer for the purchase of such Product. Likewise, the placement of an order on the Platform by you is your offer to buy the Product(s) from us.
1.2 Once you have placed an order with us for the purchase of a Product, you will receive an e-mail and/or mobile confirming receipt of your order and containing the details of your order (the “Order Confirmation”). The Order Confirmation is merely an acknowledgement that we have received your order and does not signify our acceptance of your offer.
1.3 We only accept your offer and conclude the contract of sale for a Product ordered by you, when the product is shipped or dispatched to you and an e-mail confirmation and/or confirmation to your registered mobile number is sent stating that the Product has been shipped or dispatched (the “Shipment Confirmation”). We reserve the right, at our sole discretion, to refuse or cancel any order for any reason whatsoever before sending Shipment Confirmation to you.
1.4 If your order is dispatched in more than one package, you may receive separate Shipment Confirmations for each package, and each Shipment Confirmation and corresponding dispatch will conclude a separate contract of sale between you and us for the Product(s) specified in that Shipment Confirmation.
1.5 Any communication from us shall be sent only to your registered mobile number and/or email address or such other contact number or email address that you may designate, for any particular transaction. You shall be solely responsible to update your registered mobile number and/or email address on the Platform in the event there is a change. Further, we may also send you notifications and reminders concerning scheduled deliveries of the purchased Products. While we shall make every endeavour to share prompt reminders and notifications relating to the delivery of purchased Product(s) with you, we shall not be held liable for any failure to send such notifications or reminders to you.
1.6 Your contract is with us, once you confirm the Product(s) ordered by you are purchased for your internal/personal purpose and they are not meant for re-sale or business purpose.
1.7 All orders placed on the Platform are subject to the availability of such Product, our acceptance of your offer as per the above and your continued adherence to these Terms of Sale.
1.8 You hereby authorise us to declare and provide declarations to any governmental authority on request on your behalf, including that the Products ordered by you are for personal, non-commercial use.
RETURN AND REFUND
Please review the Returns Policy and Refund Policy of the Platform, which applies to products and services availed from us.
We list availability information for the Products on the relevant webpage of the Platform. Beyond what we say on that webpage or otherwise on the Platform, we cannot be more specific about availability. Please note that dispatch estimate is not guaranteed and should not be relied upon as such. As we process your order, you will be informed by e-mail and/or mobile SMS if any Products you order turn out to be unavailable or out of stock.
2.1 All prices are listed in Indian Rupees. Price, as displayed, is inclusive of all applicable taxes.
2.2 Products in your shopping cart of the Platform will reflect the most recent price as displayed on the Product’s information webpage on the Platform. Please note that this price may differ from the price shown for the Product when you first placed it in your shopping cart. Placing a Product in your shopping cart does not reserve the price shown at that time. It is also possible that a Product’s price may decrease between the time you place it in your shopping cart and the time you place the order. The prices mentioned at the time of ordering will be the prices charged on the date of the delivery.
You acknowledge that there may be licenses/permissions required under the applicable laws to use, purchase or otherwise possess certain Product(s). You will be solely responsible for obtaining such licenses/permissions and complying with the terms of such licenses/permissions.
You shall be responsible for payment of all fees/costs/charges associated with the purchase of Products from us and you agree to bear any applicable taxes.
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 older, are of sound mind, and are not disqualified from entering into contracts by any law, can use the Platform and place an order with us. If you are a minor i.e., under the age of 18 (Eighteen) years, you may purchase the Product on the Platform only under the guidance of a parent or guardian.
LIMITATION OF LIABILITY
In no event, our aggregate liability, if any, that is proven and ordered by a court of competent jurisdiction under a claim by you or person acting on your behalf, shall extend beyond the money charged from you for purchases made under an order under which such liability has arisen and been established. We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when a contract for the sale of Product by us to you was formed.
We reserve the right to make changes to our policies, and these Terms of Sale at any time. You will be subject to the policies and Terms of Sale in force at the time you order Product from us unless any change to those policies or these Terms of Sale is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.