Terms of Use
We, Welcome you (“you” or the “user”) as a reader, customer, SCP, stakeholder of B-Arm Medical Technologies Pvt. Ltd (hereinafter B-Arm), and we encourage you to join our B-Arm community. Before you participate, however, we ask that you please read and agree to the following Terms of Use (“Terms of Use”).
Access to and use of the www.b-arm.com website (hereinafter the B-Arm Website or simply B-Arm) and the information, materials, products and services available through the B-Arm Website are subject to these terms of use (the Website Terms of Use).
1. B-Arm’s Privacy Statement and Policies
We also ask that you review the terms of our Privacy Policy, so that you are aware of how we collect and use your information. Because our services will be used by people all over the world, personal information that we collect may be stored and processed in any other country in which we or our SCPs maintain facilities. By using our services, you consent to any such transfer of information outside your country.
- All personal data provided to B-Arm while using the B-Arm Website will be handled in accordance with the Website Privacy Policy and Notice. If you register or log in as an SCP or as a Customer, the Privacy Policy for SCPs and customers applies in addition.
- All information provided to B-Arm during the use of the B-Arm Website must be correct, complete, and up to date. If we have reason to believe that incorrect, incomplete or outdated information has been provided, access to the B-Arm Website may be limited or blocked.
- B-Arm does not share data with third parties such as marketing firms for unrelated selling. However, B-Arm does share data with OEMs (exclusively of items bought by customers) for segment-specific sales schemes and where it is legally allowed.
Changes to this Privacy Policy
- As things naturally change over time and as we want to ensure our Privacy Policy accurately reflects our practices and the law, it may be necessary to modify this Privacy Policy from time to time. We ask that you please review the most up-to-date version of our Privacy Policy. Your continued use of the B-Arm Sites after any subsequent version of this Privacy Policy becomes effective & constitutes acceptance of that version of the Privacy Policy on your part.
2. Eligibility
- You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
3. Registration Details and Account Security
In consideration of your use of the Site, you agree to:
- Provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (“Registration Details”)
- Maintain and promptly update the Registration Details, and any other information you provide to B-Arm, to keep it accurate, current and complete
- Be responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur using your password or account with or without your knowledge.
4. Password Protected Parts of B-Arm Website
- The password-protected parts of B-Arm Website are intended exclusively for B-Arm’s Independent SCPs and customers.
Please note: You are responsible for safeguarding your own password and should never disclose it to any third party and it must be protected from unauthorized access. If you become aware of any unauthorized use of your password, you should notify B-Arm immediately. B-Arm disclaims any liability and responsibility for damage caused as a result of improper use of passwords.
5. User Conduct
- Content on the Website is provided to you for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of B-Arm.
- B-Arm is not responsible for the conduct of its users. Therefore, in using B-Arm you represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.
- In addition, you agree not to use the Service or the Site to:
- Post any content or initiate communications which are unlawful, libelous, abusive, obscene, discriminatory, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable.
- Use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site
- Use automated scripts to collect information from or otherwise interact with the Service or the Site
- Upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers etc.
6. Content and Proprietary Rights in Site Content
- All images of products and other information are purely for illustration purposes only.
- All contents on the Site, including but not limited to designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the “Site Content”), are the proprietary property of the B-Arm, its users or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without B-Arm’s prior written permission, except that the foregoing does not apply to your own User Content that you legally post on the Site.Any use of the Site, or the Site Content other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws, and the applicable communications regulations and statutes. Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring any license to intellectual property rights, whether by estoppels, implication or otherwise. This license is revocable at any time without notice, and with or without cause.
- The right to use the password-protected parts of the B-Arm Website as an SCP or a customer ends on termination of any Contracts (verbal or written) between B-Arm and SCP/customerwithout the need for any further actions by B-Arm. In the event of termination thereof, the SCP or customer must delete or destroy all stored, printed or copied materials, unless they must be retained to comply with legal requirements.
7. Return & Replacement Policy
- Returns and Replacements are accepted within 7 days from the delivery of items. Items to be returned or replaced must be in resalable conditions and contain the original packing material, manuals and blank warranty cards. Credit will not be granted for items unsuitable for resale. Returned items are subject to inspection. In case of return of any item the amount will be adjusted in the next order. Any product that is damaged in transit and is rejected by you without accepting delivery from the courier is eligible for a 100% refund of the sale price of the product.
- Due to health, hygiene and safety reasons, products which relate to personal hygiene and self-care are non-returnable. Products that come in contact with the body cannot be returned andno hygiene product can be returned if the package has been opened as per our policy.
8. Ordering
- Orders by Customer themselves or through SCPs are subject to acceptance by B-Armas per the availability of the product. Placement of order by Customer will constitute acceptance of terms and conditions listed on website and on the quotation. No terms and conditions appearing in Customer’s order that are in variance with or contrary to these term and conditions shall be binding upon B-Arm unless specifically agreed to in a writing signed by B-Arm.
9. Payment, Pricing & Promotions
- Invoices will be dated as of the date of the shipment, and unless otherwise agreed in writing, are payable on an open account immediately at the time of order or at the time of delivery of items as per the payment option chosen by the Customer. All payments shall be made in the local currency of the country where B-Arm is located or in USDollars and may be made by at par cheque, cash on delivery, online transfer, credit or debit card, ECS, DD. B-Arm may suspend shipment of Products to Customers whose previous dues are unpaid, at no liability to B-Arm. Due to manufacturers’ price increases or decreases or other events outside of B-Arm’s reasonable control, pricing is subject to change without prior notification.
- Special offers, coupons or discounts (if any) can only be applied at time of order and may not be applied to any previous order. Prices and products are subject to change without notice.
10. Links to Other Websites and links from Other Websites to the B-Arm Website
- We may link to other websites which are not within our control. We are not responsible or liable for the information or materials made available by such third party websites. We encourage you to read the terms of use and privacy statements of all third party websites before using such websites or submitting any personal data or any other information on or through such websites.
- Inserting links from a third-party website to www.b-arm.com requires prior written consent from B-Arm. If you would like to link from other websites, please contact us through email.
11. Restricting or Blocking Access to the B-Arm Website for Violations of the Website Terms of Use
- In case of a violation of these Website Terms of Use, particularly in case of use of the B-Arm Website or individual elements of the B-Arm Website for other than its intended use, access to the B-Arm Website may be restricted or blocked.
- B-Arm generally reserves the right to partially or entirely alter, block, or discontinue the B-Arm Website or its content at any time and for any reason.
12. Limitation of Liability, Disclaimer of Warranties and Indemnification
- To the extent permitted by applicable law, neither B-Arm nor its affiliates shall be liable for any direct, indirect, consequential or other damages whatsoever, including but not limited to property damage, loss of use, loss of business, economic loss, loss of data or loss of profits, arising out of or in connection with your use or access to, or inability to use or access the B-Arm Website or its content.
- B-Arm will use reasonable efforts to ensure that the information and materials provided on this Website are correct. However, B-Arm cannot guarantee the accuracy of all information and materials and does not assume any responsibility or liability for the accuracy, completeness or authenticity of any information and materials contained on this Website. We do not warrant that the operation of this Website will be uninterrupted or error-free, or that this Website is free from viruses or other components that may be harmful to equipment or software. B-Arm does not guarantee that the Website will be compatible with the equipment and software which you may use and does not guarantee that the B-Arm Website will be available all the time or at any specific time.
- You agree to indemnify, defend and hold B-Arm and its affiliates harmless from any liability or loss, related to either your violation of these Website Terms of Use or your use of the B-Arm Website.
13. Choice of law, Jurisdiction and Venue
- The use of the B-Arm Website and these Website Terms of Use are governed by the laws of each country where the business is conducted. The courts in the capital city of each country have exclusive jurisdiction and venue for any disputes arising from or in connection with the use of the B-Arm Website or these Website Terms of Use.
14. Severability Clause
- Should one of the provisions of these Website Terms of Use be invalid or declared invalid by a court, this will not affect the validity of the remaining terms.
15. Compliance
- B-Arm wants to ensure that the content or any information that we host is not infringing the proprietary rights of others. In fairness to our users, as well as to other creators and copyright holders, our policy is to respond to notices of alleged infringement pursuant to which, we will remove the content after proper investigation.
- However, we also recognize that not every takedown notice is valid or in good faith. In such cases, we strongly encourage users to file counter-notifications when they appropriately believe a takedown demand is invalid or improper.
- If you are the owner of content that is being improperly used on one of the Projects without your permission, please email us or send mail to our address.
16. Notice
- If you have any comments or inquiries about these Terms of use, if you would like to update information we have about you, or to exercise your rights, you may contact us through email or contact information provided in our website.