BIOTRONIK TERMS & CONDITIONS
Acceptance of Terms of service
TERMS & CONDITIONS
LIMIT TO INDIAN USERS
The Website can be viewed anywhere in the world but is intended for use only in India. The Website contains information regarding BIOTRONIK, its product range, promotional programs, service, offers etc. BIOTRONIK Cardiac Implantable Electronic Devices described in the Website relate only to Indian specifications and are offered for the use of citizens residing in India. The promotions, programs, services etc. described in the Website are available only in India and all pricing information referred to in the Website is in Indian currency.
You warrant that you are at least 18 years of age and possess the legal authority to enter & use the Products & Services offered on the Website in accordance with the terms & conditions mentioned herein.
RESTRICTIONS ON USE
You are hereby granted a nonexclusive, nontransferable, limited license to view and use information retrieved from the Website, which is provided solely for your personal purposes only. Except as expressly provided above, no part of the Website, including but not limited to materials retrieved there from and the underlying code, may be reproduced, republished, transmitted, displayed, posted or distributed in any form or by any means. In no event shall the materials from the Website be stored in any information storage and retrieval system without the prior written permission of BIOTRONIK.
You warrant that you will not use the Website for any illegal purpose or for any purpose prohibited by the Terms of Service.
Some sites or links in the Website also offer e-commerce opportunities or options to purchase products or services either from BIOTRONIK or from a third party. Neither BIOTRONIK nor third parties guarantee that all orders will be fulfilled. Online Booking facility for Products and/or Services is optional and you can book for Products and/or Services directly through BIOTRONIK Dealers or your Cardiac physicians as well.
BIOTRONIK and/or its business partners/third parties reserve the right, in their sole discretion, to establish acceptable payment methods requiring payment for specific services or products, including via mobile application. You are solely responsible for charges owed for all goods and services booked and/or purchased through the Website, including, but not limited to, applicable taxes, shipping charges, insurance, and any other costs. If you are making online payments of any kind, you represent and warrant that (a) any credit card, debit card and bank account information you supply is true, correct and complete, (b) the card was issued in your name and charges incurred by you will be honored by your credit/debit card company or bank. Furthermore, you agree and authorize us to: (i) submit a transaction using the card or financial information provided, (ii) in the case of automatic recurring transactions, submit a transaction on a recurring basis (e.g., monthly or annual basis) for renewals, (iii) if necessary, bill you, in a prorated manner (as required), in accordance with the particular fee terms for the product or service you are purchasing or enrolling in, and (iv) if necessary (and applicable) bill your mobile carrier via a mobile application if you authorize us to do so. You may cancel your services for ongoing transactions/services at any time by calling customer care or by using any other method specified on the sites.
You are solely responsible for all information entered through or electronically transmitted to us through the Website and accept that all such data transmissions are undertaken at your own risk. By using the login service, you authorize BIOTRONIK to access and retrieve information requested by you. Each time you enter your account login information, you are permitting BIOTRONIK to process your request and use information submitted by you to accomplish the foregoing. You shall choose a password when registering. You are fully responsible for maintaining the confidentiality of your password and account and for all activities that occur using your account or password. BIOTRONIK will not be liable for any loss that you may incur as a result of someone using your password or account, either with or without your knowledge.
MATERIALS PROVIDED OR POSTED IN THE WEB SITE
By providing your materials (including feedback and suggestions) to BIOTRONIK by your use of the Website or its associated services (hereinafter called “Materials”), you hereby grant BIOTRONIK permission to use it at free of cost in connection with its businesses including, without limitation, the rights to copy, distribute, transmit, publicly display, reproduce, edit, translate and reformat the Materials and to publish your name in connection with your Materials.
Unless otherwise noted, all materials, including images, designs, icons, photographs, video clips, animation, contents etc. written and other materials that are part of the Website are copyrights, trademarks, trade dress, designs and/or other intellectual properties owned, controlled or licensed by BIOTRONIK and are protected by Indian and/or International copyright and other intellectual property laws. Nothing contained herein shall be construed as conferring any license or right, by implications, estoppels or otherwise, under copyright or other intellectual property rights.
BIOTRONIK reserves the right, in its sole discretion, to discontinue temporarily or permanently or terminate or otherwise limit your access to any or all BIOTRONIK websites and the related services or any portion thereof at any time, without notice and BIOTRONIK shall not be liable to you for the same.
LIMITATION OF LIABILITY
The Website is for personal use and is not to be used for any commercial purpose. BIOTRONIK cannot promise that the Website will be uninterrupted or entirely error free. Because of the nature of the Internet, the Website is provided on an 'as is' basis and BIOTRONIK will not be responsible for any reason whatsoever if the Website is unavailable for use.
In no event will BIOTRONIK be liable or responsible for any direct, indirect, special, punitive, exemplary or consequential losses or damages of whatsoever kind arising out of your use or inability to use or access or inability to access to the Website or any link to the Website or any other Sites of BIOTRONIK or corruption/loss of Data, failure to transmit or receive any Data/materials, including loss of profit or the like whether or not in the contemplation of the parties, whether based on breach of contract, tort (including negligence) or otherwise, even if BIOTRONIK or a BIOTRONIK authorized representative has been advised of the possibility of such damages.
BIOTRONIK makes every effort to ensure, but cannot and does not guarantee, and makes no warranties as to the accuracy, accessibility, integrity and timeliness of the contents described in the Website. The contents in the Website are meant only for information purpose and not meant to take (or refrain from making) any decision or take (or refrain from taking) any action. BIOTRONIK assumes no liability or responsibility for any errors or omissions or inaccuracies in the contents of the Website and further disclaims any liability of any nature for any loss howsoever caused in connection with using the website. While BIOTRONIK makes every effort to ensure that any software or information to be downloaded from the Website is free of virus, however it cannot guarantee that the software or information is free from any or all viruses. BIOTRONIK is not responsible for any loss or damage howsoever caused by the software and related codes, including viruses and worms. To the fullest extent permissible pursuant to applicable laws, BIOTRONIK disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. BIOTRONIK does not warrant that the functions contained in the Website will be uninterrupted.
You agree to indemnify and hold harmless BIOTRONIK, its parent companies, subsidiaries, affiliates, officers, directors, agents, employees, co-branders or other partners, and suppliers, from any claim, demand, action, or damage, including reasonable attorney's fees, made by any third party due to, arising out of or related to your use of the Website, your violation of the Terms & Conditions, any right of another, your connection to the Website.
The user acknowledges that the usage of the Website by the user does not constitute a joint venture, partnership, employment or agency relationship between the user and BIOTRONIK. You agree not to hold yourself as a representative, agent, or employee of BIOTRONIK and BIOTRONIK shall not be liable for any representation, act, or omission of the user.
Any dispute relating to enforcement, interpretation or application of these terms and conditions shall be subject to Arbitration of Sole Arbitrator to be appointed by BIOTRONIK. The venue of Arbitration shall be at New Delhi. The Arbitration Proceedings shall be in accordance with the Arbitration and Conciliation Act, 1996 or re-enactment or as amended from time to time.
LAWS AND JURISDICTION
The interpretation of these terms and conditions shall be construed in accordance with and governed by the laws of India without giving effect to conflict of laws provision. By using the Website, you consent that the Courts in New Delhi alone will have exclusive jurisdiction in all disputes arising out of or relating the use of the Website.
BIOTRONIK reserves the right to modify or alter or change the contents of the Website, terms, conditions or remove any of the products, promotions, services offers etc. without prior notice and it is therefore strongly recommended to regularly check the Website or Sites or contact your nearest BIOTRONIK dealer before making any decisions.
The Website is only for information purposes and you could contact us via using the "Contact us" menu. But for all practical and legal purposes you are required to address your communication by certified mail to the below given address:
BIOTRONIK Medical Devices India Pvt. Ltd.
805-807, 8th Floor, DLF Tower-B
District Commercial Complex
New Delhi – 110025
805-807, 8th Floor, DLF Tower-B
District Commercial Complex
New Delhi – 110025