Terms & Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING AND USING THE WEBSITE WWW.IBEXMEDWORLD.COM (HEREINAFTER REFERRED TO AS “WEBSITE”), WHICH IS OWNED AND OPERATED BY IBEX NEW CONCEPTS PRIVATE LIMITED, HAVING ITS PLACE OF BUSINESS AT THE CLOVER METROPOLE, 4TH FLOOR, OFFICE 4, 25 NIBM ROAD, KONDHWA, PUNE 411048, MAHARASHTRA, INDIA (HEREINAFTER REFERRED TO AS “IBEX”, “WE” OR “US”). THESE TERMS, AS MODIFIED OR AMENDED FROM TIME TO TIME, CONSTITUTE A BINDING CONTRACT BETWEEN US AND YOU (“YOU” OR “USER”). THESE TERMS AND CONDITIONS (HEREINAFTER REFERRED TO AS “TERMS OF USE”) AS WELL AS THE PRIVACY POLICY AND ALL OTHER APPLICABLE LAWS AND REGULATIONS GOVERN YOUR ACCESS AND USE OF THE WEBISTE. YOUR ACCESS OR USE OF OUR WEBSITE INDICATES YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF USE. IN CASE OF AN ORGANIZATION, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO LEGALLY BIND YOUR ORGANIZATION AND YOUR ORGANIZATION WILL BE BOUND BY THE OBLIGATIONS AND RESTRICTIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, OR DO NOT HAVE THE AUTHORITY TO BIND YOUR ORGANIZATION TO THESE TERMS OF USE, THEN DO NOT ACCESS OR USE THIS WEBSITE.
This document is an electronic record under the terms of the Information Technology Act, 2000, and is deemed electronically executed on opening, accessing, or using our Website and is legally binding and does not require any physical or digital signatures.
ABOUT OUR SERVICES:
- Our Website merely acts as a venue/platform for Users to access and search for
any medical industry related services or products including without limitation international
medical tourism, online medical second opinions, international medical association
co-operations, FDI in hospital sector, etc. collectively referred to as the “Services”. We do
not take part in the actual transaction that takes place between the buyers and sellers on our
Website and hence do not control and are not a party to the transaction. We merely provide the
Service on our Website where Users can interact with each other about their requirements. IBEX
is a mere intermediary for the purposes of this Terms of Use. All transactions will be the
responsibility of the Users alone. This Agreement shall not be deemed to create any partnership
or joint venture or any other business relationship between Us and the User
ELIGIBILITY:
- The Website is intended for use by any User who is individual or business
entity/organization that legally operates in India or in other countries. Our Services are
available only to those individuals or companies who can form legally binding contracts under
the applicable law. For example. therefore, those under the age of 18 years are considered
minors per Indian law and therefore not eligible to use Our services.
We reserve the right to refuse the Service to anyone at any time.
USER ACCOUNT:
- You may be required to register with the Website as a User by filling out the
Registration Form provided in the Sign Up Area of the Website while accessing or using the
Website. You may access the Website as a visitor without registering with the Website, however,
this may prevent You from availing certain Services offered by Us. During Registration or while
accessing the Website, You may be required to furnish certain information and details,
including Your name, e-mail ID, contact number, and any other information that is deemed
necessary by Us (“Account Information”).
You are responsible for maintaining the confidentiality of your account and password and for
restricting access to your device to prevent unauthorized access to your account or password.
You should take all necessary steps to ensure that the password is kept confidential and shall
take immediate steps to inform Us immediately if You have any reason to believe that your
account has been hacked or compromised by any third party.
You expressly agree and acknowledge that the Account Information provided by You is accurate
and true. You hereby agree and understand that We reserve the right to refuse access to the
Website and/or our Services, terminate your account, refrain from providing any Services and
remove or edit any content posted by You without any notice to You.
PRIVACY POLICY:
- Please read our Privacy Policy, which is incorporated into these Terms of Use
and governs your use and access to the Website. The information and/or data provided to or
collected by Us during the course of your usage of the Website will be treated in a
confidential manner and in accordance with our Privacy Policy as well as the applicable laws
and regulations. You may find our Privacy Policy at http://www.ibexmedworld.com/privacy
policy
ACCESS TO THE WEBSITE:
- We shall take all necessary and reasonable steps to ensure the uninterrupted
availability of the Website at all times. However, We do not guarantee the uninterrupted
availability of the Website at all times. Your access to the Website may be occasionally
suspended or restricted to allow for repairs, maintenance, updates or for the introduction of
new facilities or services at any time without prior notice
We hereby grant You a
limited license to access and make personal use of the Website and the Services offered by Us
in accordance with these Terms of Use or our polices as introduced or modified or amended from
time to time.
CONTENT/ACTIVITY PROHIBITED
- Use of our Website in any way or any action that causes, or may damage the Website or causes
impairment of the performance, availability or accessibility of the Website;
- Use of our Website in any way that is unlawful, illegal, fraudulent or harmful or in connection
with any unlawful, illegal, fraudulent or harmful purpose or activity;
- Accessing or otherwise interacting with our Website using any robot, spider or any other
automated means, monitor, cache, frame, mask, extract data from the Website or copy the
Contents; and
- Use data collected from the Website for any purpose not permitted under these Terms of Use,
including but not limited to any marketing activities.
INTELLECTUAL PROPERTY RIGHTS:
- All rights, titles and interests including all intellectual property rights in the Website and
its contents including without limitation, texts, logos, designs, images, formats, documents,
video, links, graphics and all other materials published on this Website (hereinafter
collectively referred to as “Contents”) are the sole and exclusive property of IBEX.
You shall not directly or indirectly, copy, reproduce, modify, edit, amend, alter, vary,
enhance, improve, upgrade, create derivative works, translate, adapt, abridge, delete, display,
perform, publish, distribute, circulate, communicate to the public, disseminate, transmit,
sell, rent, lease, lend, assign, license, sub-license, market, promote, circulate, exploit,
digitally alter or manipulate the Website or its contents or any parts thereof in any manner,
without our prior written permission.
THIRD PARTY LINKS:
- This Website contain links to other Websites. You understand that these linked sites are not
under the control of IBEX and IBEX is not responsible for the contents of such linked sites.
These links have been provided to You only as a convenience and the inclusion of any such link
does not imply endorsement by IBEX of such parties or any association with such sites or their
operators.
DISPUTE RESOLUTION FOR USERS:
- IBEX is not required to resolve any disputes between buyers and sellers. But if any disputes
arise, You may write to contact@ibexmedworld.com. IBEX may attempt to mediate such dispute
between Users.
NO WARRANTIES AND LIMITATION OF LIABILITY:
- THE WEBSITE, ITS CONTENTS AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS. TO THE FULLEST EXTENT
PERMITTED BY LAW, IBEX DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR
OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTY OF ACCURACY, MERCHANTABILITY,
NON-INFRINGEMENT OF THIRD-PARTY RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE.
IN NO
EVENT SHALL IBEX OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE,
SPECIAL OR CONSEQUENTIAL DAMAGES, FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR
BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR
OTHER LOSS WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR INABILITY TO USE THE
WEBSITE OR ITS CONTENTS.
MODIFICATIONS:
- We reserve the right to update, revise, supplement, and otherwise modify these Terms of Use and
to impose new or additional rules, policies, terms, or conditions on your use of the Website,
at any time, without notice to You. Any material updates, revisions, supplements,
modifications, and additional rules, policies, terms, and conditions (collectively referred to
as “Additional Terms”) will be posted on the Website and will be effective immediately. You
hereby agree to be bound by all such Additional Terms and your continued use of the
Websiteshall be deemed to be the acceptance of such Additional Terms. All updated terms can be
viewed on this page.
INDEMNITY:
- You hereby agree to indemnify and hold harmless IBEX and its employees, affiliates, associates
and agents from and against any and all claims, damages, obligations, losses, liabilities,
costs or debts and expenses including reasonable attorney’s fees arising directly or indirectly
from your breach of these Terms of Use or any applicable laws or regulations while using the
Website.
LAW, JURISDICTION AND ARBITRATION:
- These Terms of Use shall be governed, interpreted and construed in accordance with the laws in
force in India and are subject to the exclusive jurisdiction of the courts at Pune, India.
Any and all disputes under this Agreement shall be referred to a sole Arbitrator, who shall be
mutually appointed by the Parties. However, if the Parties are unable to mutually appoint an
Arbitrator, such arbitrator shall be appointed by the court in Pune/Mumbai having appropriate
jurisdiction as per the Arbitration and Conciliation Act, 1996 as amended from time to time
(“Arbitration Act”). The venue of the arbitration shall be Pune/Mumbai. The proceedings of the
arbitration shall be in English. The parties hereby agree that the Arbitrator’s award shall be
final and binding on the Parties. The Arbitration proceedings shall be governed by the Indian
Arbitration Act, 1996. All costs of such arbitration shall be borne equally between the
Parties.
COMMUNICATIONS AND SUPPORT:
- If you have any questions, complaints or claims with respect to the Website, then such
correspondence should be directed to the email address as given below:
contact@ibexmedworld.com
NO WAIVER:
- Save and except as expressly provided in this Agreement, no exercise, or failure to exercise,
or delay in exercising any right, power, or remedy vested with Us under or pursuant to this
Agreement shall constitute a waiver by Us of that or any other right, power, or remedy.
SEVERABILITY:
- If any provision hereof is held invalid or unenforceable by a court of competent jurisdiction,
such invalidity shall not affect the validity or operation of any other provision and such
invalid provision shall be deemed to be severed from these Terms of Use.
The Terms of Use and the Privacy Policy constitute the entire agreement between the User(s) and
IBEX with respect to access to and use of the web site, superseding any prior written or oral
agreements in relation to the same subject matter herein.
YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT AND UNCONDITIONALLY ACCEPT TO
BE BOUND BY THE SAME.