Terms and Conditions for Users
Please read the following terms and conditions very carefully as your use of service is subject to your acceptance of and compliance with the following terms and conditions (“Terms”).
By subscribing to or using any of our services you agree that you have read, understood and are bound by the Terms, regardless of how you subscribe to or use the services. If you do not want to be bound by the Terms, you must not subscribe to or use our services.
In these Terms, references to “You”, “User” shall mean the end-user, end-consumers, buyers, purchasers, customers, viewers accessing the website, its contents and using the services offered through the website. “Service Providers” mean independent service providers; and “We”, “Us”, “Our” and “RehabCart” shall mean RehabCart Website, Neuroshine Rehabilitation LLP, its franchisor, affiliates and partners.
- www.RehabCart website (“Website”) is an internet-based content and e-commerce portal and e-marketplace operated by RehabCart, Neuroshine Rehabilitation LLP, a company incorporated under the laws of India.
- Use of the Website is offered to you conditioned on acceptance without modification of all the terms, conditions and notices contained in these Terms, as may be posted on the Website from time to time. RehabCart at its sole discretion reserves the right not to accept a User from registering on the Website without assigning any reason thereof.
User Account, Password, and Security:
You will receive a password and account designation upon completing the Website’s registration process. There are mainly two types of User Accounts: (a) Retail Login and (b) Corporate Login. We will also provide Vendor Accounts for interested Merchants or Manufacturers or Vendors who want to deal with the RehabCart for sale of their merchandise or products on platform of RehabCart. They are mainly of two types: (a) Merchant/Vendor/Manufacturer Account and (b) Service Providers’ Account. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify RehabCart of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. RehabCart cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 2.
RehabCart provides several Internet-based services through the Website (all such services, collectively, the “Service”). Upon placing an order, RehabCart shall ship the product to you and be entitled to its payment for the Services.
The User agrees and undertakes not to reverse, engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website under any circumstances, whatsoever. Limited reproduction and copying of the content of the Website is permitted provided that RehabCart’s name is stated as the source and prior written permission of RehabCart is sought. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted under any circumstances.
User Conduct and Rules:
You agree and undertake to use the Website and the Service only to post and upload messages and material that are proper. By way of example, and not as a limitation, you agree and undertake that when using a Service, you will not:
- defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
- publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
- upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents;
- upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another’s computer;
- conduct or forward surveys, contests, pyramid schemes or chain letters;
- download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
- falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
- violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
- violate any applicable laws or regulations for the time being in force in or outside India; and
- Violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere herein.
- Exploit any of the services. We reserve the right to deprive individual customers of our Cash on Delivery payment option. Moreover, we might refuse any of our services, terminate accounts, and/or cancel orders at our discretion, including but not limited to, if we believe that customer conduct violates applicable law or is harmful to our interests.
- You shall not make any derogatory, defamatory, abusive, inappropriate, profane or indecent statement/s and/or comment/s about RehabCart, its associates and partners on any property owned by RehabCart.
User Warranty and Representation:
The user guarantees, warrants, and certifies that you are the owner of the content which you submit or otherwise authorized to use the content and that the content does not infringe upon the property rights, intellectual property rights or other rights of others. You further warrant that to your knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any content, including trademark, trade name service mark, and copyright formerly or currently used by you in connection with the Services rendered by RehabCart.
Intellectual Property Rights:
- Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, RehabCart owns all Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website belonging to RehabCart without obtaining authorization from RehabCart.
- Notwithstanding the foregoing, it is expressly clarified that you will retain ownership and shall solely be responsible for any content that you provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of our various Service. However, with regard to the product customization Service (as against other Services like blogs and forums) you expressly agree that by uploading and posting content on to the Website for public viewing and reproduction/use of your content by third party users, you accept the User whereby you grant a non-exclusive license for the use of the same.
Links to Third Party Sites:
The Website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of RehabCart or the Website and RehabCart is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. RehabCart is not responsible for any form of transmission, whatsoever, received by you from any Linked Site. RehabCart is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by RehabCart or the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof. The users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
Disclaimer of Warranties/Limitation of Liability:
RehabCart has endeavoured to ensure that all the information on the Website is correct, but RehabCart neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or Service. In no event shall RehabCart be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the Services; (b) unauthorized access to or alteration of the user’s transmissions or data; (c) any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website or Service. Neither shall RehabCart be responsible for the delay or inability to use the Website or related services, the provision of or failure to provide Services, or for any information, software, products, services and related graphics obtained through the Website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further, RehabCart shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond RehabCart’s control. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.
You agree to indemnify, defend and hold harmless RehabCart from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by RehabCart that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms.
Prices for products are described on our Website and are incorporated into these Terms by reference. All prices are in Indian rupees. Prices, products and Services may change at RehabCart’s discretion.
Title and risk of loss for all products ordered by you shall pass on to you upon RehabCart’s shipment to the shipping carrier.
Parts Replacement Policy:
RehabCart reserves the right to refer the User to the actual product manufacturer or vendor or merchant when replacement parts are needed. RehabCart will provide its Users with manufacturer or vendor or merchant contact information and when directed by RehabCart to do so, the User will need to speak directly with the product manufacturer in order to obtain replacement parts that were mistakenly omitted from a shipment, damaged during shipment, or to replace parts that malfunction while covered by a merchant or manufacturers or vendors warranty.
Image and Video Disclaimer:
- Any Images and videos shown in Product Specification or RehabCart are Indicative only, Colour or Model may differ from the pictures shown (Features will remain same or More). Actual Product may vary from the Photos and Videos.
- RehabCart may suspend or terminate your use of the Website or any Service if it believes, in its sole and absolute discretion that you have breached any of the Terms.
- If you or RehabCart terminates your use of the Website or any Service, RehabCart may delete any content or other materials relating to your use of the Service and RehabCart will have no liability to you or any third party for doing so.
- You shall be liable to pay for any Service or product that you have already ordered till the time of Termination by either party whatsoever. Further, you shall be entitled to your royalty payments as per the User License Agreement that has or is legally deemed accrued to you.
These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at Gujarat.
The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of the Terms or the right to use the Website by you contained herein or any other section or pages of the Website or any Linked Sites in any manner whatsoever.
Interpretation of Number and Genders:
The Terms herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine and feminine. The words “include”, “includes” and “including” shall be deemed to be followed by the phrase “without limitation”. Unless the context otherwise requires, the terms “herein”, “hereof”, “hereto”, “hereunder” and words of similar import refer to the Terms as a whole.
If any provision of the Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms shall continue to be in full force and effect.
As per these Terms, users are solely responsible for every material or content uploaded on to the Website. RehabCart does not review the contents in any way before they appear on the Website. RehabCart does not verify, endorse or otherwise vouch for the contents of any user or any content generally posted or uploaded on to the Website. Users can be held legally liable for their contents and may be held legally accountable if their contents or material include, for example, defamatory comments or material protected by copyright, trademark, etc. If you come across any abuse or violation of these Terms, please report to email@example.com.
Unauthorized Charges on your card
If you see charges on your credit/debit card for purchases made on RehabCart, but you never created an account or signed up, please check with your family members or business colleagues authorized to make purchases on your behalf, to confirm that they haven’t placed the order. If you’re still unable to recognize the charge, please report the unauthorized purchase within 60 days of the transaction to enable RehabCart to begin an investigation.
Cancellation of Fraudulent Orders
To provide a safe and secure shopping experience, we regularly monitor transactions for fraudulent activity. In the event of detecting any suspicious activity, RehabCart reserves the right to cancel all past, pending and future orders without any liability. RehabCart also reserves the right to refuse or cancel orders in scenarios like inaccuracies in pricing of product on website and stock unavailability. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your card has been charged, the said amount will be reversed to your Card Account. Any promotional voucher used for the cancelled orders may not be refunded.
Disclaimer Regarding Website Errors & SKU Pricing Errors:
We make every effort to ensure that descriptions, dimensions, pictures and prices are accurately presented within our database. Should a pricing error arise we will make every attempt to promptly inform the User. When applicable, RehabCart will promptly refund your transaction if a pricing error has occurred. However, RehabCart reserves the right to supply or not to supply a product. If a quote or offer is sent out with a substantial database pricing error, RehabCart reserves the right to modify the quote or offer and/or refuse to honour the quote or offer in these rare circumstances. Products may vary slightly in design and/or colour from the illustrations due to upgrades, modifications, and new version releases that are common with medical devices. Bottom line: unless product functionality is directly impacted, a refund will not be given. Prices on the RehabCart site are subject to change without notice.
- RehabCart has made every attempt to ensure the accuracy and reliability of the information provided on this website. However, the information is provided “as is” without warranty of any kind. RehabCart does not accept any responsibility or liability for the accuracy, content, completeness, legality, or reliability of the information contained on this website.
- No warranties, promises and/or representations of any kind, expressed or implied, are given as to the nature, standard, accuracy or otherwise of the information provided in this website nor to the suitability or otherwise of the information to your particular circumstances.
- We cannot and will not guarantee that this website is free from computer viruses or anything else that has destructive properties.
- We shall not be liable for any loss or damage of whatever nature (direct, indirect, consequential, or other) whether arising in Purchase Orders by Users, Fulfilment of Orders by Sellers/ Merchants/ Manufacturers/ Vendors, contract, tort or otherwise, which may arise as a result of your use of (or inability to use) this website, or from your use of (or failure to use) the information on this site. This website provides links to other websites owned by third parties. The content of such third-party sites is not within our control, and we cannot and will not take responsibility for the information or content thereon. Links to such third-party sites are not to be taken as an endorsement by Intertek of the third-party site, or any products promoted, offered or sold on the third-party site, nor that such sites are free from computer viruses or anything else that has destructive properties. We cannot and do not take responsibility for the collection or use of personal data from any third-party site. In addition, we will not accept responsibility for the accuracy of third-party advertisements.
- RehabCart and the RehabCart logo are registered trademarks of Neuroshine Rehabilitation LLP.